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H.R.3312
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Health
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Real Education and Access for Healthy Youth Act of 2021
This bill requires the Department of Health and Human Services (HHS) to establish grants to support sex education and sexual health services for young people (ages 10 through 29) and repeals requirements that apply to certain federally funded sex education programs.
HHS must award grants, in coordination with the Department of Education, to (1) provide sex education to young people through elementary and secondary schools, institutions of higher education, and youth-serving organizations; and (2) train education professionals to effectively teach, and otherwise support, sex education. Sex education refers to high quality teaching and learning that
Additionally, HHS must award grants for the provision of sexual health services to marginalized youth to youth-serving organizations and health care entities that are eligible to receive covered outpatient drugs at reduced prices through the 340B drug discount program.
Recipients of any of these grants must comply with certain nondiscrimination requirements. In addition, they may not use funds for sex education programs or sexual health services that provide incomplete or inaccurate medical information or fail to address specified issues.
The bill also eliminates prohibitions regarding the content of specified federally funded sexual health education and information programs and repeals the Abstinence Only Until Marriage program.
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To provide for the overall health and well-being of young people,
including the promotion and attainment of lifelong sexual health and
healthy relationships, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Education and Access for
Healthy Youth Act of 2021''.
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to provide young people
with sex education and sexual health services that--
(1) promote and uphold the rights of young people to
information and services that empower them to make decisions
about their bodies, health, sexuality, families, and
communities in all areas of life;
(2) are evidence-informed, comprehensive in scope,
confidential, equitable, accessible, medically accurate and
complete, age and developmentally appropriate, culturally
responsive, and trauma-informed and resilience-oriented;
(3) provide information about the prevention, treatment,
and care of pregnancy, sexually transmitted infections, and
interpersonal violence;
(4) provide information about the importance of consent as
a basis for healthy relationships and for autonomy in
healthcare;
(5) provide information on gender roles and gender
discrimination;
(6) provide information on the historical and current
condition in which education and health systems, policies,
programs, services, and practices have uniquely and adversely
impacted Black, Indigenous, Latinx, Asian, Asian American and
Pacific Islander, and other People of Color; and
(7) redress inequities in the delivery of sex education and
sexual health services to marginalized young people.
(b) Findings.--Congress finds the following:
(1) Young people need and have the right to sex education
and sexual health services that are evidence-informed,
comprehensive in scope, confidential, equitable, accessible,
medically accurate and complete, age and developmentally
appropriate, culturally responsive, and trauma-informed and
resilience-oriented.
(2) Currently, there is a gap between the sex education
that young people should be receiving based on expert standards
and the sex education many actually receive.
(3) Only 29 States and the District of Columbia mandate sex
education in schools.
(4) When there is sex education or instruction regarding
human immunodeficiency virus (HIV) or sexually transmitted
infections (STI), 15 States do not require the content to be
evidence-informed, medically accurate and complete, age and
developmentally appropriate, or culturally responsive.
(5) Many sex education programs and sexual health services
currently available were not designed to and do not currently
meet the needs of marginalized young people. Some such programs
and services actually harm marginalized young people.
(6) For marginalized young people, a lack of comprehensive
in scope, confidential, equitable, and accessible sex education
and sexual health services is not unfamiliar, but rather a
longstanding manifestation of white supremacy, which has
touched every aspect of our history, culture, and institutions,
including the education and healthcare systems.
(7) The development and delivery of sexual health education
and services in the United States historically has been rooted
in the oppression of Black, Indigenous, Latinx, Asian, Asian
American and Pacific Islander, and other People of Color.
(8) The United States has a long history of eugenics and
forced sterilization. The sexual and reproductive rights and
bodily autonomy of specific communities deemed ``undesirable''
or ``defective'' were targeted by our governments resulting in
state-sanctioned violence and generations of trauma and
oppression. These communities include--
(A) people with low incomes;
(B) immigrants;
(C) people with disabilities;
(D) people living with HIV;
(E) survivors of interpersonal violence;
(F) people who are incarcerated, detained, or who
otherwise have encountered the criminal-legal system;
(G) Black, Indigenous, and other People of Color;
(H) people who are lesbian, gay, bisexual,
transgender, and queer; and
(I) young people who are pregnant and parenting.
(9) Black young people are more likely to receive
abstinence-only instruction. Research shows that abstinence-
only instruction, also known as ``sexual risk avoidance''
instruction, is ineffective in comparison to sex education.
(10) Black, Indigenous, and Latinx young people are
disproportionately more likely to be diagnosed with an STI,
have an unintended pregnancy, or experience sexual assault.
(11) The framework of Reproductive Justice acknowledges and
aims to address the legacy of white supremacy, systemic
oppression, and the restrictions on sex education and sexual
health services that disproportionately impact marginalized
communities. Reproductive Justice will be achieved when all
people regardless of actual or perceived race, color,
ethnicity, national origin, religion, immigration status, sex
(including gender identity and sexual orientation), disability
status, pregnancy or parenting status, or age have the power to
make decisions about their bodies, health, sexuality, families,
and communities in all areas of life.
(12) Increased resources are required for sex education and
sexual health services to reach all young people, redress
inequities and their impacts on marginalized young people, and
achieve Reproductive Justice for young people.
(13) Such sex education and sexual health services should--
(A) promote and uphold the rights of young people
to information and services in order to make and
exercise informed and responsible decisions about their
sexual health;
(B) be evidence-informed, comprehensive in scope,
confidential, equitable, accessible, age and
developmentally appropriate, culturally responsive, and
trauma-informed and resilience-oriented;
(C) include instruction and materials that
address--
(i) puberty and adolescent development;
(ii) sexual and reproductive anatomy and
physiology;
(iii) sexual orientation, gender identity,
and gender expression;
(iv) contraception, pregnancy, and
reproduction;
(v) HIV and other STIs;
(vi) consent and healthy relationships; and
(vii) interpersonal violence;
(D) promote gender equity and be inclusive of young
people with varying gender identities, gender
expressions, and sexual orientations;
(E) promote safe and healthy relationships; and
(F) promote racial equity and be responsive to the
needs of young people who are Black, Indigenous, and
other People of Color.
SEC. 3. DEFINITIONS.
In this Act:
(1) Age and developmentally appropriate.--The term ``age
and developmentally appropriate'' means topics, messages, and
teaching methods suitable to particular ages, age groups, or
developmental levels, based on cognitive, emotional, social,
and behavioral capacity of most young people at that age level.
(2) Characteristics of effective programs.--The term
``characteristics of effective programs'' means the aspects of
evidence-informed programs, including development, content, and
implementation of such programs, that--
(A) have been shown to be effective in terms of
increasing knowledge, clarifying values and attitudes,
increasing skills, and impacting behavior; and
(B) are widely recognized by leading medical and
public health agencies to be effective in changing
sexual behaviors that lead to sexually transmitted
infections, unintended pregnancy, and interpersonal
violence among young people.
(3) Consent.--The term ``consent'' means affirmative,
conscious, and voluntary agreement to engage in interpersonal,
physical, or sexual activity.
(4) Culturally responsive.--The term ``culturally
responsive'' means education and services that--
(A) embrace and actively engage and adjust to young
people and their various cultural identities;
(B) recognize the ways in which many marginalized
young people face unique barriers in our society that
result in increased adverse health outcomes and
associated stereotypes; and
(C) may address the ways in which racism has shaped
national health care policy, the lasting historical
trauma associated with reproductive health experiments
and forced sterilizations of Black, Latinx, and
Indigenous communities, or sexual stereotypes assigned
to young People of Color or LGBTQ+ people.
(5) Evidence-informed.--The term ``evidence-informed''
means incorporates characteristics, content, or skills that
have been proven to be effective through evaluation in changing
sexual behavior.
(6) Gender expression.--The term ``gender expression''
means the expression of one's gender, such as through behavior,
clothing, haircut, or voice, and which may or may not conform
to socially defined behaviors and characteristics typically
associated with being either masculine or feminine.
(7) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
(8) Inclusive.--The term ``inclusive'' means content and
skills that ensure marginalized young people are valued,
respected, centered, and supported in sex education instruction
and materials.
(9) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(10) Interpersonal violence.--The term ``interpersonal
violence'' means abuse, assault, bullying, dating violence,
domestic violence, harassment, intimate partner violence, or
stalking.
(11) Marginalized young people.--The term ``marginalized
young people'' means young people who are disadvantaged by
underlying structural barriers and social inequities, including
young people who are--
(A) Black, Indigenous, and other People of Color;
(B) immigrants;
(C) in contact with the foster care system;
(D) in contact with the juvenile justice system;
(E) experiencing homelessness;
(F) pregnant or parenting;
(G) lesbian, gay, bisexual, transgender, or queer;
(H) living with HIV;
(I) living with disabilities;
(J) from families with low-incomes; or
(K) living in rural areas.
(12) Medically accurate and complete.--The term ``medically
accurate and complete'' means that--
(A) the information provided through the education
is verified or supported by the weight of research
conducted in compliance with accepted scientific
methods and is published in peer-reviewed journals,
where applicable; or
(B) the education contains information that leading
professional organizations and agencies with relevant
expertise in the field recognize as accurate,
objective, and complete.
(13) Resilience.--The term ``resilience'' means the ability
to adapt to trauma and tragedy.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) Sex education.--The term ``sex education'' means high
quality teaching and learning that--
(A) is delivered, to the maximum extent
practicable, following the National Sexuality Education
Standards of the Future of Sex Ed Initiative;
(B) is about a broad variety of topics related to
sex and sexuality, including--
(i) puberty and adolescent development;
(ii) sexual and reproductive anatomy and
physiology;
(iii) sexual orientation, gender identity,
and gender expression;
(iv) contraception, pregnancy, and
reproduction;
(v) HIV and other STIs;
(vi) consent and healthy relationships; and
(vii) interpersonal violence;
(C) explores values and beliefs about such topics;
and
(D) helps young people in gaining the skills that
are needed to navigate relationships and manage one's
own sexual health.
(16) Sexual development.--The term ``sexual development''
means the lifelong process of physical, behavioral, cognitive,
and emotional growth and change as it relates to an
individual's sexuality and sexual maturation, including
puberty, identity development, socio-cultural influences, and
sexual behaviors.
(17) Sexual health services.--The term ``sexual health
services'' includes--
(A) sexual health information, education, and
counseling;
(B) all methods of contraception approved by the
Food and Drug Administration;
(C) routine gynecological care, including human
papillomavirus (HPV) vaccines and cancer screenings;
(D) pre-exposure prophylaxis or post-exposure
prophylaxis;
(E) substance use and mental health services;
(F) interpersonal violence survivor services; and
(G) other prevention, care, or treatment services.
(18) Sexual orientation.--The term ``sexual orientation''
means an individual's romantic, emotional, or sexual attraction
to other people.
(19) Trauma.--The term ``trauma'' means a response to an
event, series of events, or set of circumstances that is
experienced or witnessed by an individual or group of people as
physically or emotionally harmful or life-threatening with
lasting adverse effects on their functioning and mental,
physical, social, emotional, or spiritual well-being.
(20) Trauma-informed and resilience-oriented.--The term
``trauma-informed and resilience-oriented'' means an approach
that realizes the prevalence of trauma, recognizes the various
ways individuals, organizations, and communities may respond to
trauma differently, recognizes that resilience can be built,
and responds by putting this knowledge into practice.
(21) Young people.--The term ``young people'' means
individuals who are ages 10 through 29 at the time of
commencement of participation in a project supported under this
Act.
(22) Youth-friendly sexual health services.--The term
``youth-friendly sexual health services'' means sexual health
services that are provided in a confidential, equitable, and
accessible manner that makes it easy and comfortable for young
people to seek out and receive services.
SEC. 4. GRANTS FOR SEX EDUCATION AT ELEMENTARY AND SECONDARY SCHOOLS
AND YOUTH-SERVING ORGANIZATIONS.
(a) Program Authorized.--The Secretary, in coordination with the
Secretary of Education, shall award grants, on a competitive basis, to
eligible entities to enable such eligible entities to carry out
projects that provide young people with sex education.
(b) Duration.--Grants awarded under this section shall be for a
period of 5 years.
(c) Eligible Entity.--In this section, the term ``eligible entity''
means a public or private entity that delivers health education to
young people.
(d) Applications.--An eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
(e) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that are--
(1) State educational agencies or local educational
agencies; or
(2) Indian Tribes or Tribal organizations, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(f) Use of Funds.--Each eligible entity that receives a grant under
this section shall use the grant funds to carry out a project that
provides young people with sex education.
SEC. 5. GRANTS FOR SEX EDUCATION AT INSTITUTIONS OF HIGHER EDUCATION.
(a) Program Authorized.--The Secretary, in coordination with the
Secretary of Education, shall award grants, on a competitive basis, to
institutions of higher education or consortia of such institutions to
enable such institutions to provide students with age and
developmentally appropriate sex education.
(b) Duration.--Grants awarded under this section shall be for a
period of 5 years.
(c) Applications.--An institution of higher education or consortium
of such institutions desiring a grant under this section shall submit
an application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
(d) Priority.--In awarding grants under this section, the Secretary
shall give priority to an institution of higher education that--
(1) has an enrollment of needy students, as defined in
section 318(b) of the Higher Education Act of 1965 (20 U.S.C.
1059e(b));
(2) is a Hispanic-serving institution, as defined in
section 502(a) of such Act (20 U.S.C. 1101a(a));
(3) is a Tribal College or University, as defined in
section 316(b) of such Act (20 U.S.C. 1059c(b));
(4) is an Alaska Native-serving institution, as defined in
section 317(b) of such Act (20 U.S.C. 1059d(b));
(5) is a Native Hawaiian-serving institution, as defined in
section 317(b) of such Act (20 U.S.C. 1059d(b));
(6) is a Predominantly Black Institution, as defined in
section 318(b) of such Act (20 U.S.C. 1059e(b));
(7) is a Native American-serving, nontribal institution, as
defined in section 319(b) of such Act (20 U.S.C. 1059f(b));
(8) is an Asian American and Native American Pacific
Islander-serving institution, as defined in section 320(b) of
such Act (20 U.S.C. 1059g(b)); or
(9) is a minority institution, as defined in section 365 of
such Act (20 U.S.C. 1067k), with an enrollment of needy
students, as defined in section 312 of such Act (20 U.S.C.
1058).
(e) Uses of Funds.--An institution of higher education or
consortium of such institutions receiving a grant under this section
shall use grant funds to develop and implement a project to integrate
sex education into the institution of higher education in order to
reach a large number of students, by carrying out 1 or more of the
following activities:
(1) Adopting and incorporating age and developmentally
appropriate sex education into student orientation, general
education, or courses.
(2) Developing or adopting and implementing educational
programming outside of class that delivers age and
developmentally appropriate sex education to students.
(3) Developing or adopting and implementing innovative
technology-based approaches to deliver age and developmentally
appropriate sex education to students.
(4) Developing or adopting and implementing peer-led
activities to generate discussion, educate, and raise awareness
among students about age and developmentally appropriate sex
education.
(5) Developing or adopting and implementing policies and
practices to link students to sexual health services.
SEC. 6. GRANTS FOR EDUCATOR TRAINING.
(a) Program Authorized.--The Secretary, in coordination with the
Secretary of Education, shall award grants, on a competitive basis, to
eligible entities to enable such eligible entities to carry out the
activities described in subsection (e).
(b) Duration.--Grants awarded under this section shall be for a
period of 5 years.
(c) Eligible Entity.--In this section, the term ``eligible entity''
means--
(1) a State educational agency or local educational agency;
(2) an Indian Tribe or Tribal organization, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304);
(3) a State or local department of health;
(4) an educational service agency;
(5) a nonprofit institution of higher education or a
consortium of such institutions; or
(6) a national or statewide nonprofit organization or
consortium of nonprofit organizations that has as its primary
purpose the improvement of provision of sex education through
training and effective teaching of sex education.
(d) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
(e) Authorized Activities.--
(1) Required activity.--Each eligible entity receiving a
grant under this section shall use grant funds for professional
development and training of relevant teachers, health
educators, faculty, administrators, and staff, in order to
increase effective teaching of sex education to young people.
(2) Permissible activities.--Each eligible entity receiving
a grant under this section may use grant funds to--
(A) provide training and support for educators
about the content, skills, and professional disposition
needed to implement sex education effectively;
(B) develop and provide training and support to
educators on incorporating anti-racist and gender
inclusive policies and practices in sex education;
(C) support the dissemination of information on
effective practices and research findings concerning
the teaching of sex education;
(D) support research on--
(i) effective sex education teaching
practices; and
(ii) the development of assessment
instruments and strategies to document--
(I) young people's understanding of
sex education; and
(II) the effects of sex education;
(E) convene conferences on sex education, in order
to effectively train educators in the provision of sex
education; and
(F) develop and disseminate appropriate research-
based materials to foster sex education.
(3) Subgrants.--Each eligible entity receiving a grant
under this section may award subgrants to nonprofit
organizations that possess a demonstrated record of providing
training to teachers, health educators, faculty,
administrators, and staff on sex education to--
(A) train educators in sex education;
(B) support internet or distance learning related
to sex education;
(C) promote rigorous academic standards and
assessment techniques to guide and measure student
performance in sex education;
(D) encourage replication of best practices and
model programs to promote sex education;
(E) develop and disseminate effective, research-
based sex education learning materials; or
(F) develop academic courses on the pedagogy of sex
education at institutions of higher education.
SEC. 7. AUTHORIZATION OF GRANTS TO SUPPORT THE DELIVERY OF SEXUAL
HEALTH SERVICES TO MARGINALIZED YOUNG PEOPLE.
(a) Program Authorized.--The Secretary shall award grants, on a
competitive basis, to eligible entities to enable such entities to
provide youth-friendly sexual health services to marginalized young
people.
(b) Duration.--Grants awarded under this section shall be for a
period of 5 years.
(c) Eligible Entity.--In this section, the term ``eligible entity''
means--
(1) a public or private youth-serving organization; or
(2) a covered entity, as defined in section 340B of the
Public Health Service Act (42 U.S.C. 256b).
(d) Applications.--An eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
(e) Uses of Funds.--Each eligible entity that receives a grant
under this section may use the grant funds to--
(1) develop and implement an evidence-informed project to
deliver sexual health services to marginalized young people;
(2) establish, alter, or modify staff positions, service
delivery policies and practices, service delivery locations,
service delivery environments, service delivery schedules, or
other services components in order to increase youth-friendly
sexual health services to marginalized young people;
(3) conduct outreach to marginalized young people to invite
them to participate in the eligible entity's sexual health
services and to provide feedback to inform improvements in the
delivery of such services;
(4) establish and refine systems of referral to connect
marginalized young people to other sexual health services and
supportive services;
(5) establish partnerships and collaborations with entities
providing services to marginalized young people to link such
young people to sexual health services, such as by delivering
health services at locations where they congregate, providing
transportation to locations where sexual health services are
provided, or other linkages to services approaches;
(6) provide evidence-informed, comprehensive in scope,
confidential, equitable, accessible, medically accurate and
complete, age and developmentally appropriate, culturally
responsive, and trauma-informed and resilience-oriented sexual
health information to marginalized young people in the
languages and cultural contexts that are most appropriate for
the marginalized young people to be served by the eligible
entity;
(7) promote effective communication regarding sexual health
among marginalized young people; and
(8) provide training and support for eligible entity
personnel and community members who work with marginalized
young people about the content, skills, and professional
disposition needed to provide youth-friendly sex education and
youth-friendly sexual health services.
SEC. 8. REPORTING AND IMPACT EVALUATION.
(a) Grantee Report to Secretary.--For each year an eligible entity
receives grant funds under section 4, 5, 6, or 7, the eligible entity
shall submit to the Secretary a report that includes--
(1) the use of grant funds by the eligible entity;
(2) how the use of grant funds has increased the access of
young people to sex education or sexual health services; and
(3) such other information as the Secretary may require.
(b) Secretary's Report to Congress.--Not later than 1 year after
the date of the enactment of this Act, and annually thereafter for a
period of 5 years, the Secretary shall prepare and submit to Congress a
report on the activities funded under this Act. The Secretary's report
to Congress shall include--
(1) a statement of how grants awarded by the Secretary meet
the purposes described in section 2(a); and
(2) information about--
(A) the number of eligible entities that are
receiving grant funds under sections 4, 5, 6, and 7;
(B) the specific activities supported by grant
funds awarded under sections 4, 5, 6, and 7;
(C) the number of young people served by projects
funded under sections 4, 5, and 7, in the aggregate and
disaggregated and cross-tabulated by grant program,
race and ethnicity, sex, sexual orientation, gender
identity, and other characteristics determined by the
Secretary (except that such disaggregation or cross-
tabulation shall not be required in a case in which the
results would reveal personally identifiable
information about an individual young person);
(D) the number of teachers, health educators,
faculty, school administrators, and staff trained under
section 6; and
(E) the status of the evaluation required under
subsection (c).
(c) Multi-Year Evaluation.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall enter into a
contract with a nonprofit organization with experience in
conducting impact evaluations to conduct a multi-year
evaluation on the impact of the projects funded under sections
4, 5, 6, and 7 and to report to Congress and the Secretary on
the findings of such evaluation.
(2) Evaluation.--The evaluation conducted under this
subsection shall--
(A) be conducted in a manner consistent with
relevant, nationally recognized professional and
technical evaluation standards;
(B) use sound statistical methods and techniques
relating to the behavioral sciences, including quasi-
experimental designs, inferential statistics, and other
methodologies and techniques that allow for conclusions
to be reached;
(C) be carried out by an independent organization
that has not received a grant under section 4, 5, 6, or
7; and
(D) be designed to provide information on output
measures and outcome measures to be determined by the
Secretary.
(3) Report.--Not later than 6 years after the date of
enactment of this Act, the organization conducting the
evaluation under this subsection shall prepare and submit to
the appropriate committees of Congress and the Secretary an
evaluation report. Such report shall be made publicly
available, including on the website of the Department of Health
and Human Services.
SEC. 9. NONDISCRIMINATION.
Activities funded under this Act shall not discriminate on the
basis of actual or perceived sex (including sexual orientation and
gender identity), age, parental status, race, color, ethnicity,
national origin, disability, or religion. Nothing in this Act shall be
construed to invalidate or limit rights, remedies, procedures, or legal
standards available under any other Federal law or any law of a State
or a political subdivision of a State, including the Civil Rights Act
of 1964 (42 U.S.C. 2000a et seq.), title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.), and section 1557 of the Patient Protection
and Affordable Care Act (42 U.S.C. 18116).
SEC. 10. LIMITATION.
No Federal funds provided under this Act may be used for sex
education or sexual health services that--
(1) withhold health-promoting or life-saving information
about sexuality-related topics, including HIV;
(2) are medically inaccurate or incomplete;
(3) promote gender or racial stereotypes or are
unresponsive to gender or racial inequities;
(4) fail to address the needs of sexually active young
people;
(5) fail to address the needs of pregnant or parenting
young people;
(6) fail to address the needs of survivors of interpersonal
violence;
(7) fail to address the needs of young people of all
physical, developmental, or mental abilities;
(8) fail to be inclusive of individuals with varying gender
identities, gender expressions, and sexual orientations; or
(9) are inconsistent with the ethical imperatives of
medicine and public health.
SEC. 11. AMENDMENTS TO OTHER LAWS.
(a) Amendment to the Public Health Service Act.--Section 2500 of
the Public Health Service Act (42 U.S.C. 300ee) is amended by striking
subsections (b) through (d) and inserting the following:
``(b) Contents of Programs.--All programs of education and
information receiving funds under this subchapter shall include
information about the potential effects of intravenous substance
use.''.
(b) Amendments to the Elementary and Secondary Education Act of
1965.--Section 8526 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7906) is amended--
(1) by striking paragraphs (3), (5), and (6);
(2) in paragraph (2), by inserting ``or'' after the
semicolon;
(3) by redesignating paragraph (4) as paragraph (3); and
(4) in paragraph (3), as redesignated by paragraph (3), by
striking the semicolon and inserting a period.
SEC. 12. FUNDING.
(a) Authorization.--For the purpose of carrying out this Act, there
is authorized to be appropriated $100,000,000 for each of fiscal years
2022 through 2027. Amounts appropriated under this subsection shall
remain available until expended.
(b) Reservations of Funds.--
(1) In general.--The Secretary--
(A) shall reserve not more than 30 percent of the
amount authorized under subsection (a) for the purposes
of awarding grants for sex education at elementary and
secondary schools and youth-serving organizations under
section 4;
(B) shall reserve not more than 10 percent of the
amount authorized under subsection (a) for the purpose
of awarding grants for sex education at institutions of
higher education under section 5;
(C) shall reserve not more than 15 percent of the
amount authorized under subsection (a) for the purpose
of awarding grants for educator training under section
6;
(D) shall reserve not more than 30 percent of the
amount authorized under subsection (a) for the purpose
of awarding grants for sexual health services for
marginalized youth under section 7; and
(E) shall reserve not less than 5 percent of the
amount authorized under subsection (a) for the purpose
of carrying out the reporting and impact evaluation
required under section 8.
(2) Research, training and technical assistance.--The
Secretary shall reserve not less than 10 percent of the amount
authorized under subsection (a) for expenditures by the
Secretary to provide, directly or through a competitive grant
process, research, training, and technical assistance,
including dissemination of research and information regarding
effective and promising practices, providing consultation and
resources, and developing resources and materials to support
the activities of recipients of grants. In carrying out such
functions, the Secretary shall collaborate with a variety of
entities that have expertise in sex education and sexual health
services standards setting, design, development, delivery,
research, monitoring, and evaluation.
(c) Reprogramming of Abstinence Only Until Marriage Program
Funding.--The unobligated balance of funds made available to carry out
section 510 of the Social Security Act (42 U.S.C. 710) (as in effect on
the day before the date of enactment of this Act) are hereby
transferred and shall be used by the Secretary to carry out this Act.
The amounts transferred and made available to carry out this Act shall
remain available until expended.
(d) Repeal of Abstinence Only Until Marriage Program.--Section 510
of the Social Security Act (42 U.S.C. 710 et seq.) is repealed.
<all>
|
Real Education and Access for Healthy Youth Act of 2021
|
To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes.
|
Real Education and Access for Healthy Youth Act of 2021
|
Rep. Lee, Barbara
|
D
|
CA
|
11,301
| 1,761
|
S.1464
|
Education
|
Student Loan Disclosure Modernization Act
This bill requires loan disclosure forms for federal student loans to be written in plain language, thus enabling borrowers to understand loan terms, total costs of loans, and estimated monthly repayments. Borrowers must acknowledge in writing that they have read the form before the loans are issued.
|
To amend the Higher Education Act of 1965 to direct the Secretary of
Education to develop a plain language disclosure form for borrowers of
Federal student loans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Disclosure
Modernization Act''.
SEC. 2. ADDITIONAL DISCLOSURES.
Section 433(a) of the Higher Education Act of 1965 (20 U.S.C.
1083(a)) is amended--
(1) in paragraph (4), by striking ``the origination fee
and'' and inserting ``finance charges, the origination fee, and
the'';
(2) by redesignating paragraphs (6) through (19) as
paragraphs (7) through (20), respectively; and
(3) by inserting after paragraph (5), the following:
``(6) the annual percentage rate applicable to the loan,
taking into account--
``(A) the amount of the loan;
``(B) the stated interest rate of the loan;
``(C) the standard term for a loan of the same
type;
``(D) any fees or additional costs associated with
the loan; and
``(E) any capitalization of interest on the
loan;''.
SEC. 3. PLAIN LANGUAGE DISCLOSURE FORM.
Section 455(p) of the Higher Education Act of 1965 (20 U.S.C.
1087e(p)) is amended--
(1) by striking ``Each institution'' and inserting the
following:
``(1) In general.--Each institution''; and
(2) by adding at the end the following:
``(2) Plain language disclosure form.--
``(A) Development and issuance of form.--Not later
than 18 months after the date of the enactment of this
paragraph, the Secretary shall, based on consumer
testing, develop and issue a model form to be known as
the `Plain Language Disclosure Form' that shall be used
by institutions and contractors described in paragraph
(1) to comply with the disclosure requirements of such
paragraph.
``(B) Format.--The Secretary shall ensure that the
Plain Language Disclosure Form--
``(i) enables borrowers to easily identify
the information required to be disclosed under
section 433(a) with respect to a loan and loan
repayment options (including income-based and
income contingent repayment), with emphasis on
the loan terms determined by the Secretary to
be critical to understanding the total costs of
the loan and the estimated monthly repayment;
``(ii) has a clear format and design,
including easily readable font; and
``(iii) is as succinct as practicable.
``(C) Consultation.--In developing the Plain
Language Disclosure Form, the Secretary shall, as
appropriate, consult with--
``(i) the Federal Reserve Board;
``(ii) institutions and contractors
described in paragraph (1);
``(iii) borrowers of loans under this part;
and
``(iv) other organizations involved in the
provision of financial assistance to students,
as identified by the Secretary.
``(3) Electronic system for compliance.--In carrying out
paragraph (2), the Secretary shall develop and implement an
electronic system that may be used by institutions and
contractors described in paragraph (1) to generate a Plain
Language Disclosure Form for each borrower by--
``(A) enabling institutions and contractors to
enter personalized loan request information
electronically;
``(B) integrating appropriate data found in the
National Student Loan Data System; and
``(C) generating and integrating personalized
borrower information.
``(4) Limit on liability.--Nothing in this subsection shall
be construed to create a private right of action against an
institution or contractor described in paragraph (1) with
respect to the form or electronic system developed under this
paragraph.
``(5) Borrower signature required.--Beginning after the
issuance of the Plain Language Disclosure Form by the Secretary
under paragraph (2), a loan may not be issued to a borrower
under this part unless the borrower acknowledges, in writing
(which may include an electronic signature), that the borrower
has read the Plain Language Disclosure Form for the loan
concerned.
``(6) Consumer testing defined.--In this subsection, the
term `consumer testing' means the solicitation of feedback from
individuals, including borrowers and prospective borrowers of
loans under this part (as determined by the Secretary), about
the usefulness of different methods of disclosing material
terms of loans on the Plain Language Disclosure Form to
maximize borrowers' understanding of the terms and conditions
of such loans.''.
SEC. 4. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Education shall submit to Congress a report that includes
a description of the methods and procedures used to develop the Plain
Language Disclosure Form required under section 455(p)(2) of the Higher
Education Act of 1965 (as added by section 3 of this Act).
<all>
|
Student Loan Disclosure Modernization Act
|
A bill to amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes.
|
Student Loan Disclosure Modernization Act
|
Sen. Scott, Tim
|
R
|
SC
|
11,302
| 1,430
|
S.2747
|
Government Operations and Politics
|
Freedom to Vote Act
This bill addresses voter registration and voting access, election integrity and security, redistricting, and campaign finance.
Specifically, the bill expands voter registration (e.g., automatic and same-day registration) and voting access (e.g., vote-by-mail and early voting). It also limits removing voters from voter rolls.
Next, the bill establishes Election Day as a federal holiday.
The bill declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence.
The bill establishes certain federal criminal offenses related to voting. In particular, the bill establishes a new criminal offense for conduct (or attempted conduct) to corruptly hinder, interfere with, or prevent another person from registering to vote or helping someone register to vote.
Additionally, the bill sets forth provisions related to election security, including by requiring states to conduct post-election audits for federal elections.
The bill outlines criteria for congressional redistricting and generally prohibits mid-decade redistricting.
The bill addresses campaign finance, including by expanding the prohibition on campaign spending by foreign nationals, requiring additional disclosure of campaign-related fundraising and spending, requiring additional disclaimers regarding certain political advertising, and establishing an alternative campaign funding system for certain federal offices.
|
To expand Americans' access to the ballot box and reduce the influence
of big money in politics, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Vote Act''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into divisions as follows:
(1) Division A--Voter Access.
(2) Division B--Election Integrity.
(3) Division C--Civic Participation and Empowerment.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Findings of general constitutional authority.
Sec. 4. Standards for judicial review.
DIVISION A--VOTER ACCESS
TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION
Sec. 1000. Short title; statement of policy.
Subtitle A--Voter Registration Modernization
Sec. 1000A. Short title.
PART 1--Automatic Voter Registration
Sec. 1001. Short title; findings and purpose.
Sec. 1002. Automatic registration of eligible individuals.
Sec. 1003. Voter protection and security in automatic registration.
Sec. 1004. Payments and grants.
Sec. 1005. Miscellaneous provisions.
Sec. 1006. Definitions.
Sec. 1007. Effective date.
PART 2--Election Day as Legal Public Holiday
Sec. 1011. Election day as legal public holiday.
PART 3--Promoting Internet Registration
Sec. 1021. Requiring availability of internet for voter registration.
Sec. 1022. Use of internet to update registration information.
Sec. 1023. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1024. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1025. Prohibiting State from requiring applicants to provide more
than last 4 digits of social security
number.
Sec. 1026. Application of rules to certain exempt States.
Sec. 1027. Report on data collection relating to online voter
registration systems.
Sec. 1028. Permitting voter registration application form to serve as
application for absentee ballot.
Sec. 1029. Effective date.
PART 4--Same Day Voter Registration
Sec. 1031. Same day registration.
Sec. 1032. Ensuring pre-election registration deadlines are consistent
with timing of legal public holidays.
PART 5--Streamline Voter Registration Information, Access, and Privacy
Sec. 1041. Authorizing the dissemination of voter registration
information displays following
naturalization ceremonies.
Sec. 1042. Inclusion of voter registration information with certain
leases and vouchers for federally assisted
rental housing and mortgage applications.
Sec. 1043. Acceptance of voter registration applications from
individuals under 18 years of age.
Sec. 1044. Requiring states to establish and operate voter privacy
programs.
PART 6--Funding Support to States for Compliance
Sec. 1051. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Subtitle B--Access to Voting for Individuals With Disabilities
Sec. 1101. Requirements for States to promote access to voter
registration and voting for individuals
with disabilities.
Sec. 1102. Establishment and maintenance of State accessible election
websites.
Sec. 1103. Protections for in-person voting for individuals with
disabilities and older individuals.
Sec. 1104. Protections for individuals subject to guardianship.
Sec. 1105. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities.
Sec. 1106. Funding for protection and advocacy systems.
Sec. 1107. Pilot programs for enabling individuals with disabilities to
register to vote privately and
independently at residences.
Sec. 1108. GAO analysis and report on voting access for individuals
with disabilities.
Subtitle C--Early Voting
Sec. 1201. Early voting.
Subtitle D--Voting by Mail
Sec. 1301. Voting by mail.
Sec. 1302. Balloting materials tracking program.
Sec. 1303. Election mail and delivery improvements.
Sec. 1304. Carriage of election mail.
Sec. 1305. Requiring States to provide secured drop boxes for voted
ballots in elections for Federal office.
Subtitle E--Absent Uniformed Services Voters and Overseas Voters
Sec. 1401. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1402. Enforcement.
Sec. 1403. Transmission requirements; repeal of waiver provision.
Sec. 1404. Use of single absentee ballot application for subsequent
elections.
Sec. 1405. Extending guarantee of residency for voting purposes to
family members of absent military
personnel.
Sec. 1406. Technical clarifications to conform to Military and Overseas
Voter Empowerment Act amendments related to
the federal write-in absentee ballot.
Sec. 1407. Treatment of post card registration requests.
Sec. 1408. Presidential designee report on voter disenfranchisement.
Sec. 1409. Effective date.
Subtitle F--Enhancement of Enforcement
Sec. 1501. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle G--Promoting Voter Access Through Election Administration
Modernization Improvements
PART 1--Promoting Voter Access
Sec. 1601. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1602. Accommodations for voters residing in Indian lands.
Sec. 1603. Applicability to Commonwealth of the Northern Mariana
Islands.
Sec. 1604. Elimination of 14-day time period between general election
and runoff election for Federal elections
in the Virgin Islands and Guam.
Sec. 1605. Application of Federal election administration laws to
territories of the United States.
Sec. 1606. Application of Federal voter protection laws to territories
of the United States.
Sec. 1607. Ensuring equitable and efficient operation of polling
places.
Sec. 1608. Prohibiting States from restricting curbside voting.
PART 2--Improvements in Operation of Election Assistance Commission
Sec. 1611. Reauthorization of Election Assistance Commission.
Sec. 1612. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1613. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
PART 3--Miscellaneous Provisions
Sec. 1621. Definition of election for Federal office.
Sec. 1622. No effect on other laws.
Sec. 1623. Clarification of exemption for States without voter
registration.
Sec. 1624. Clarification of exemption for States which do not collect
telephone information.
Subtitle H--Democracy Restoration
Sec. 1701. Short title.
Sec. 1702. Findings.
Sec. 1703. Rights of citizens.
Sec. 1704. Enforcement.
Sec. 1705. Notification of restoration of voting rights.
Sec. 1706. Definitions.
Sec. 1707. Relation to other laws.
Sec. 1708. Federal prison funds.
Sec. 1709. Effective date.
Subtitle I--Voter Identification and Allowable Alternatives
Sec. 1801. Requirements for voter identification.
Subtitle J--Voter List Maintenance Procedures
PART 1--Voter Caging Prohibited
Sec. 1901. Voter caging prohibited.
PART 2--Saving Eligible Voters From Voter Purging
Sec. 1911. Conditions for removal of voters from list of registered
voters.
Subtitle K--Severability
Sec. 1921. Severability.
DIVISION B--ELECTION INTEGRITY
TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION
Sec. 2001. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 2002. Establishment of best practices.
TITLE III--PREVENTING ELECTION SUBVERSION
Subtitle A--Restrictions on Removal of Election Administrators
Sec. 3001. Restrictions on removal of local election administrators in
administration of elections for Federal
office.
Subtitle B--Increased Protections for Election Workers
Sec. 3101. Harassment of election workers prohibited.
Sec. 3102. Protection of election workers.
Subtitle C--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
Sec. 3201. Short title.
Sec. 3202. Prohibition on deceptive practices in Federal elections.
Sec. 3203. Corrective action.
Sec. 3204. Reports to Congress.
Sec. 3205. Private rights of action by election officials.
Sec. 3206. Making intimidation of tabulation, canvas, and certification
efforts a crime.
Subtitle D--Protection of Election Records & Election Infrastructure
Sec. 3301. Strengthen protections for Federal election records.
Sec. 3302. Penalties; inspection; nondisclosure; jurisdiction.
Sec. 3303. Judicial review to ensure compliance.
Subtitle E--Judicial Protection of the Right to Vote and Non-partisan
Vote Tabulation
Sec. 3401. Undue burdens on the ability to vote in elections for
federal office prohibited.
Sec. 3402. Judicial review.
Sec. 3403. Definitions.
Sec. 3404. Rules of construction.
Sec. 3405. Severability.
Sec. 3406. Effective date.
Subtitle F--Poll Worker Recruitment and Training
Sec. 3501. Grants to States for poll worker recruitment and training.
Sec. 3502. State defined.
Subtitle G--Preventing Poll Observer Interference
Sec. 3601. Protections for voters on Election Day.
Subtitle H--Preventing Restrictions on Food and Beverages
Sec. 3701. Findings.
Sec. 3702. Prohibiting restrictions on donations of food and beverages
at polling stations.
Subtitle I--Establishing Duty to Report Foreign Election Interference
Sec. 3801. Findings relating to illicit money undermining our
democracy.
Sec. 3802. Federal campaign reporting of foreign contacts.
Sec. 3803. Federal campaign foreign contact reporting compliance
system.
Sec. 3804. Criminal penalties.
Sec. 3805. Report to congressional intelligence committees.
Sec. 3806. Rule of construction.
Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
Verifiable Permanent Paper Ballot
Sec. 3901. Short title.
Sec. 3902. Paper ballot and manual counting requirements.
Sec. 3903. Accessibility and ballot verification for individuals with
disabilities.
Sec. 3904. Durability and readability requirements for ballots.
Sec. 3905. Study and report on optimal ballot design.
Sec. 3906. Ballot marking device cybersecurity requirements.
Sec. 3907. Effective date for new requirements.
Sec. 3908. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security
improvements.
Subtitle K--Provisional Ballots
Sec. 3911. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
TITLE IV--VOTING SYSTEM SECURITY
Sec. 4001. Post-election audit requirement.
Sec. 4002. Election infrastructure designation.
Sec. 4003. Guidelines and certification for electronic poll books and
remote ballot marking systems.
Sec. 4004. Pre-election reports on voting system usage.
Sec. 4005. Use of voting machines manufactured in the United States.
Sec. 4006. Severability.
DIVISION C--CIVIC PARTICIPATION AND EMPOWERMENT
TITLE V--NONPARTISAN REDISTRICTING REFORM
Sec. 5001. Finding of constitutional authority.
Sec. 5002. Ban on mid-decade redistricting.
Sec. 5003. Criteria for redistricting.
Sec. 5004. Development of plan.
Sec. 5005. Failure by State to enact plan.
Sec. 5006. Civil enforcement.
Sec. 5007. No effect on elections for State and local office.
Sec. 5008. Effective date.
TITLE VI--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--DISCLOSE Act
Sec. 6001. Short title.
PART 1--Closing Loopholes Allowing Spending by Foreign Nationals in
Elections
Sec. 6002. Clarification of application of foreign money ban to certain
disbursements and activities.
Sec. 6003. Audit and report on illicit foreign money in Federal
elections.
Sec. 6004. Prohibition on contributions and donations by foreign
nationals in connection with ballot
initiatives and referenda.
Sec. 6005. Disbursements and activities subject to foreign money ban.
Sec. 6006. Prohibiting establishment of corporation to conceal election
contributions and donations by foreign
nationals.
PART 2--Reporting of Campaign-Related Disbursements
Sec. 6011. Reporting of campaign-related disbursements.
Sec. 6012. Reporting of Federal judicial nomination disbursements.
Sec. 6013. Coordination with FinCEN.
Sec. 6014. Application of foreign money ban to disbursements for
campaign-related disbursements consisting
of covered transfers.
Sec. 6015. Effective date.
PART 3--Other Administrative Reforms
Sec. 6021. Petition for certiorari.
Sec. 6022. Judicial review of actions related to campaign finance laws.
Subtitle B--Honest Ads
Sec. 6101. Short title.
Sec. 6102. Purpose.
Sec. 6103. Findings.
Sec. 6104. Sense of Congress.
Sec. 6105. Expansion of definition of public communication.
Sec. 6106. Expansion of definition of electioneering communication.
Sec. 6107. Application of disclaimer statements to online
communications.
Sec. 6108. Political record requirements for online platforms.
Sec. 6109. Preventing contributions, expenditures, independent
expenditures, and disbursements for
electioneering communications by foreign
nationals in the form of online
advertising.
Sec. 6110. Requiring online platforms to display notices identifying
sponsors of political advertisements and to
ensure notices continue to be present when
advertisements are shared.
Subtitle C--Spotlight Act
Sec. 6201. Short title.
Sec. 6202. Inclusion of contributor information on annual returns of
certain organizations.
TITLE VII--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Stopping Super PAC-Candidate Coordination
Sec. 7001. Short title.
Sec. 7002. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Sec. 7003. Clarification of ban on fundraising for super PACs by
Federal candidates and officeholders.
Subtitle B--Restoring Integrity to America's Elections
Sec. 7101. Short title.
Sec. 7102. Revision to enforcement process.
Sec. 7103. Acting general counsel.
Sec. 7104. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 7105. Permanent extension of administrative penalty authority.
Sec. 7106. Restrictions on ex parte communications.
Sec. 7107. Clarifying authority of FEC attorneys to represent FEC in
Supreme Court.
Sec. 7108. Requiring forms to permit use of accent marks.
Sec. 7109. Extension of the statutes of limitations for offenses under
the Federal Election Campaign Act of 1971.
Sec. 7110. Effective date; transition.
TITLE VIII--CITIZEN EMPOWERMENT
Subtitle A--Funding to Promote Democracy
PART 1--Payments and Allocations to States
Sec. 8001. State Democracy Promotion Program.
Sec. 8002. State plan.
Sec. 8003. Prohibiting reduction in access to participation in
elections.
Sec. 8004. Amount of State allocation.
Sec. 8005. Procedures for disbursements of payments and allocations.
Sec. 8006. Office of State Democracy Promotion.
PART 2--State Election Assistance and Innovation Trust Fund
Sec. 8011. State Election Assistance and Innovation Trust Fund.
Sec. 8012. Uses of Fund.
Sec. 8013. Assessments against fines and penalties.
Sec. 8014. Transfer of balance of Presidential Election Campaign Fund.
PART 3--General Provisions
Sec. 8021. Definitions.
Sec. 8022. Rule of construction regarding calculation of deadlines.
Subtitle B--Elections for House of Representatives
Sec. 8101. Short title.
PART 1--Optional Democracy Credit Program
Sec. 8102. Establishment of program.
Sec. 8103. Credit program described.
Sec. 8104. Reports.
Sec. 8105. Election cycle defined.
PART 2--Optional Small Dollar Financing of Elections for House of
Representatives
Sec. 8111. Benefits and eligibility requirements for candidates.
Sec. 8112. Contributions and expenditures by multicandidate and
political party committees on behalf of
participating candidates.
Sec. 8113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for
election.
Sec. 8114. Deadline for regulations.
Subtitle C--Personal Use Services as Authorized Campaign Expenditures
Sec. 8201. Short title; findings; purpose.
Sec. 8202. Treatment of payments for child care and other personal use
services as authorized campaign
expenditure.
Subtitle D--Empowering Small Dollar Donations
Sec. 8301. Permitting political party committees to provide enhanced
support for candidates through use of
separate small dollar accounts.
Subtitle E--Severability
Sec. 8401. Severability.
SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY.
Congress finds that the Constitution of the United States grants
explicit and broad authority to protect the right to vote, to regulate
elections for Federal office, to prevent and remedy discrimination in
voting, and to defend the Nation's democratic process. Congress enacts
the Freedom to Vote Act pursuant to this broad authority, including but
not limited to the following:
(1) Congress finds that it has broad authority to regulate
the time, place, and manner of congressional elections under
the Elections Clause of the Constitution, article I, section 4,
clause 1. The Supreme Court has affirmed that the ``substantive
scope'' of the Elections Clause is ``broad''; that ``Times,
Places, and Manner'' are ``comprehensive words which embrace
authority to provide for a complete code for congressional
elections''; and ``[t]he power of Congress over the Times,
Places and Manner of congressional elections is paramount, and
may be exercised at any time, and to any extent which it deems
expedient; and so far as it is exercised, and no farther, the
regulations effected supersede those of the State which are
inconsistent therewith''. Arizona v. Inter Tribal Council of
Arizona, 570 U.S. 1, 8-9 (2013) (internal quotation marks and
citations omitted). Indeed, ``Congress has plenary and
paramount jurisdiction over the whole subject'' of
congressional elections, Ex parte Siebold, 100 U.S. (10 Otto)
371, 388 (1879), and this power ``may be exercised as and when
Congress sees fit'', and ``so far as it extends and conflicts
with the regulations of the State, necessarily supersedes
them''. Id. at 384. Among other things, Congress finds that the
Elections Clause was intended to ``vindicate the people's right
to equality of representation in the House''. Wesberry v.
Sanders, 376 U.S. 1, 16 (1964), and to address partisan
gerrymandering, Rucho v. Common Cause, 139 S. Ct. 2484 (2019).
(2) Congress also finds that it has both the authority and
responsibility, as the legislative body for the United States,
to fulfill the promise of article IV, section 4, of the
Constitution, which states: ``The United States shall guarantee
to every State in this Union a Republican Form of
Government[.]''. Congress finds that its authority and
responsibility to enforce the Guarantee Clause is clear given
that Federal courts have not enforced this clause because they
understood that its enforcement is committed to Congress by the
Constitution.
(3)(A) Congress also finds that it has broad authority
pursuant to section 5 of the Fourteenth Amendment to legislate
to enforce the provisions of the Fourteenth Amendment,
including its protections of the right to vote and the
democratic process.
(B) Section 1 of the Fourteenth Amendment protects the
fundamental right to vote, which is ``of the most fundamental
significance under our constitutional structure''. Ill. Bd. of
Election v. Socialist Workers Party, 440 U.S. 173, 184 (1979);
see United States v. Classic, 313 U.S. 299 (1941) (``Obviously
included within the right to choose, secured by the
Constitution, is the right of qualified voters within a state
to cast their ballots and have them counted . . .''). As the
Supreme Court has repeatedly affirmed, the right to vote is
``preservative of all rights'', Yick Wo v. Hopkins, 118 U.S.
356, 370 (1886). Section 2 of the Fourteenth Amendment also
protects the right to vote, granting Congress additional
authority to reduce a State's representation in Congress when
the right to vote is abridged or denied.
(C) As a result, Congress finds that it has the authority
pursuant to section 5 of the Fourteenth Amendment to protect
the right to vote. Congress also finds that States and
localities have eroded access to the right to vote through
restrictions on the right to vote including excessively onerous
voter identification requirements, burdensome voter
registration procedures, voter purges, limited and unequal
access to voting by mail, polling place closures, unequal
distribution of election resources, and other impediments.
(D) Congress also finds that ``the right of suffrage can be
denied by a debasement or dilution of the weight of a citizen's
vote just as effectively as by wholly prohibiting the free
exercise of the franchise''. Reynolds v. Sims, 377 U.S. 533,
555 (1964). Congress finds that the right of suffrage has been
so diluted and debased by means of gerrymandering of districts.
Congress finds that it has authority pursuant to section 5 of
the Fourteenth Amendment to remedy this debasement.
(4)(A) Congress also finds that it has authority to
legislate to eliminate racial discrimination in voting and the
democratic process pursuant to both section 5 of the Fourteenth
Amendment, which grants equal protection of the laws, and
section 2 of the Fifteenth Amendment, which explicitly bars
denial or abridgment of the right to vote on account of race,
color, or previous condition of servitude.
(B) Congress finds that racial discrimination in access to
voting and the political process persists. Voting restrictions,
redistricting, and other electoral practices and processes
continue to disproportionately impact communities of color in
the United States and do so as a result of both intentional
racial discrimination, structural racism, and the ongoing
structural socioeconomic effects of historical racial
discrimination.
(C) Recent elections and studies have shown that minority
communities wait longer in lines to vote, are more likely to
have their mail ballots rejected, continue to face intimidation
at the polls, are more likely to be disenfranchised by voter
purges, and are disproportionately burdened by excessively
onerous voter identification and other voter restrictions.
Research shows that communities of color are more likely to
face nearly every barrier to voting than their white
counterparts.
(D) Congress finds that racial disparities in
disenfranchisement due to past felony convictions is
particularly stark. In 2020, according to the Sentencing
Project, an estimated 5,200,000 Americans could not vote due to
a felony conviction. One in 16 African Americans of voting age
is disenfranchised, a rate 3.7 times greater than that of non-
African Americans. In seven States--Alabama, Florida, Kentucky,
Mississippi, Tennessee, Virginia, and Wyoming--more than one in
seven African Americans is disenfranchised, twice the national
average for African Americans. Congress finds that felony
disenfranchisement was one of the tools of intentional racial
discrimination during the Jim Crow era. Congress further finds
that current racial disparities in felony disenfranchisement
are linked to this history of voter suppression, structural
racism in the criminal justice system, and ongoing effects of
historical discrimination.
(5)(A) Congress finds that it further has the power to
protect the right to vote from denial or abridgment on account
of sex, age, or ability to pay a poll tax or other tax pursuant
to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments.
(B) Congress finds that electoral practices including
voting rights restoration conditions for people with
convictions and other restrictions to the franchise burden
voters on account of their ability to pay.
(C) Congress further finds that electoral practices
including voting restrictions related to college campuses, age
restrictions on mail voting, and similar practices burden the
right to vote on account of age.
SEC. 4. STANDARDS FOR JUDICIAL REVIEW.
(a) In General.--For any action brought for declaratory or
injunctive relief to challenge, whether facially or as-applied, the
constitutionality or lawfulness of any provision of this Act or any
amendment made by this Act or any rule or regulation promulgated under
this Act, the following rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and an appeal from the
decision of the district court may be taken to the Court of
Appeals for the District of Columbia Circuit. These courts, and
the Supreme Court of the United States on a writ of certiorari
(if such writ is issued), shall have exclusive jurisdiction to
hear such actions.
(2) The party filing the action shall concurrently deliver
a copy the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals for
the District of Columbia Circuit to advance on the docket and
to expedite to the greatest possible extent the disposition of
the action and appeal.
(b) Clarifying Scope of Jurisdiction.--If an action at the time of
its commencement is not subject to subsection (a), but an amendment,
counterclaim, cross-claim, affirmative defense, or any other pleading
or motion is filed challenging, whether facially or as-applied, the
constitutionality or lawfulness of this Act or any amendment made by
this Act or any rule or regulation promulgated under this Act, the
district court shall transfer the action to the District Court for the
District of Columbia, and the action shall thereafter be conducted
pursuant to subsection (a).
(c) Intervention by Members of Congress.--In any action described
in subsection (a), any Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) or
Senate shall have the right to intervene either in support of or
opposition to the position of a party to the case regarding the
constitutionality of the provision. To avoid duplication of efforts and
reduce the burdens placed on the parties to the action, the court in
any such action may make such orders as it considers necessary,
including orders to require interveners taking similar positions to
file joint papers or to be represented by a single attorney at oral
argument.
DIVISION A--VOTER ACCESS
TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION
SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.
(a) Short Title.--This title may be cited as the ``Voter
Empowerment Act of 2021''.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) the ability of all eligible citizens of the United
States to access and exercise their constitutional right to
vote in a free, fair, and timely manner must be vigilantly
enhanced, protected, and maintained; and
(2) the integrity, security, and accountability of the
voting process must be vigilantly protected, maintained, and
enhanced in order to protect and preserve electoral and
participatory democracy in the United States.
Subtitle A--Voter Registration Modernization
SEC. 1000A. SHORT TITLE.
This subtitle may be cited as the ``Voter Registration
Modernization Act of 2021''.
PART 1--AUTOMATIC VOTER REGISTRATION
SEC. 1001. SHORT TITLE; FINDINGS AND PURPOSE.
(a) Short Title.--This part may be cited as the ``Automatic Voter
Registration Act of 2021''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the right to vote is a fundamental right of
citizens of the United States;
(B) it is the responsibility of the State and
Federal Governments to ensure that every eligible
citizen is registered to vote;
(C) existing voter registration systems can be
inaccurate, costly, inaccessible and confusing, with
damaging effects on voter participation in elections
for Federal office and disproportionate impacts on
young people, persons with disabilities, and racial and
ethnic minorities; and
(D) voter registration systems must be updated with
21st Century technologies and procedures to maintain
their security.
(2) Purpose.--It is the purpose of this part--
(A) to establish that it is the responsibility of
government to ensure that all eligible citizens are
registered to vote in elections for Federal office;
(B) to enable the State Governments to register all
eligible citizens to vote with accurate, cost-
efficient, and up-to-date procedures;
(C) to modernize voter registration and list
maintenance procedures with electronic and internet
capabilities; and
(D) to protect and enhance the integrity, accuracy,
efficiency, and accessibility of the electoral process
for all eligible citizens.
SEC. 1002. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.
(a) In General.--The National Voter Registration Act of 1993 (52
U.S.C. 20504) is amended by inserting after section 5 the following new
section:
``SEC. 5A. AUTOMATIC REGISTRATION BY STATE MOTOR VEHICLE AUTHORITY.
``(a) Definitions.--In this section--
``(1) Applicable agency.--The term `applicable agency'
means, with respect to a State, the State motor vehicle
authority responsible for motor vehicle driver's licenses under
State law.
``(2) Applicable transaction.--The term `applicable
transaction' means--
``(A) an application to an applicable agency for a
motor vehicle driver's license; and
``(B) any other service or assistance (including
for a change of address) provided by an applicable
agency.
``(3) Automatic registration.--The term `automatic
registration' means a system that registers an individual to
vote in elections for Federal office in a State, if eligible,
by electronically transferring the information necessary for
registration from the applicable agency to election officials
of the State so that, unless the individual affirmatively
declines to be registered or to update any voter registration,
the individual will be registered to vote in such elections.
``(4) Eligible individual.--The term `eligible individual'
means, with respect to an election for Federal office, an
individual who is otherwise qualified to vote in that election.
``(5) Register to vote.--The term `register to vote'
includes updating an individual's existing voter registration.
``(b) Establishment.--
``(1) In general.--The chief State election official of
each State shall establish and operate a system of automatic
registration for the registration of eligible individuals to
vote for elections for Federal office in the State, in
accordance with the provisions of this section.
``(2) Registration of voters based on new agency records.--
``(A) In general.--The chief State election
official shall--
``(i) subject to subparagraph (B), ensure
that each eligible individual who completes an
applicable transaction and does not decline to
register to vote is registered to vote--
``(I) in the next upcoming election
for Federal office (and subsequent
elections for Federal office), if an
applicable agency transmits information
under subsection (c)(1)(E) with respect
to the individual not later than the
applicable date; and
``(II) in subsequent elections for
Federal office, if an applicable agency
transmits such information with respect
to such individual after the applicable
date; and
``(ii) not later than 60 days after the
receipt of such information with respect to an
individual, send written notice to the
individual, in addition to other means of
notice established by this part, of the
individual's voter registration status.
``(B) Applicable date.--For purposes of this
subsection, the term ``applicable date'' means, with
respect to any election for Federal office, the later
of--
``(i) the date that is 28 days before the
date of the election; or
``(ii) the last day of the period provided
by State law for registration with respect to
such election.
``(C) Clarification.--Nothing in this subsection
shall prevent the chief State election official from
registering an eligible individual to vote for the next
upcoming election for Federal office in the State even
if an applicable agency transmits information under
subsection (c)(1)(E) with respect to the individual
after the applicable date.
``(3) Treatment of individuals under 18 years of age.--A
State may not refuse to treat an individual as an eligible
individual for purposes of this section on the grounds that the
individual is less than 18 years of age at the time an
applicable agency receives information with respect to the
individual, so long as the individual is at least 16 years of
age at such time. Nothing in the previous sentence may be
construed to require a State to permit an individual who is
under 18 years of age at the time of an election for Federal
office to vote in the election.
``(c) Applicable Agency Responsibilities.--
``(1) Instructions on automatic registration for agencies
collecting citizenship information.--
``(A) In general.--Except as otherwise provided in
this section, in the case of any applicable transaction
for which applicable agency (in the normal course of
its operations) requests individuals to affirm United
States citizenship (either directly or as part of the
overall application for service or assistance or
enrollment), the applicable agency shall inform each
such individual who is a citizen of the United States
of the following:
``(i) Unless that individual declines to
register to vote, or is found ineligible to
vote, the individual will be registered to vote
or, if applicable, the individual's
registration will be updated.
``(ii) The substantive qualifications of an
elector in the State as listed in the mail
voter registration application form for
elections for Federal office prescribed
pursuant to section 9, the consequences of
false registration, and the individual should
decline to register if the individual does not
meet all those qualifications.
``(iii) In the case of a State in which
affiliation or enrollment with a political
party is required in order to participate in an
election to select the party's candidate in an
election for Federal office, the requirement
that the individual must affiliate or enroll
with a political party in order to participate
in such an election.
``(iv) Voter registration is voluntary, and
neither registering nor declining to register
to vote will in any way affect the availability
of services or benefits, nor be used for other
purposes.
``(B) Individuals with limited english
proficiency.--In the case where the individual is a
member of a group that constitutes 3 percent or more of
the overall population within the State served by the
applicable agency as measured by the United States
Census and are limited English proficient, the
information described in clauses (i) through (iv) of
subparagraph (A) shall be provided in a language
understood by the individual.
``(C) Clarification on procedures for ineligible
voters.--An applicable agency shall not provide an
individual who did not affirm United States
citizenship, or for whom the agency has conclusive
documentary evidence obtained through its normal course
of operations that the individual is not a United State
citizen, the opportunity to register to vote under
subparagraph (A).
``(D) Opportunity to decline registration
required.--Except as otherwise provided in this
section, each applicable agency shall ensure that each
applicable transaction described in subparagraph (A)
with an eligible individual cannot be completed until
the individual is given the opportunity to decline to
be registered to vote. In the case where the individual
is a member of a group that constitutes 3 percent or
more of the overall population within the State served
by the applicable agency as measured by the United
States Census and are limited English proficient, such
opportunity shall be given in a language understood by
the individual.
``(E) Information transmittal.--Not later than 10
days after an applicable transaction with an eligible
individual, if the individual did not decline to be
registered to vote, the applicable agency shall
electronically transmit to the appropriate State
election official the following information with
respect to the individual:
``(i) The individual's given name(s) and
surname(s).
``(ii) The individual's date of birth.
``(iii) The individual's residential
address.
``(iv) Information showing that the
individual is a citizen of the United States.
``(v) The date on which information
pertaining to that individual was collected or
last updated.
``(vi) If available, the individual's
signature in electronic form.
``(vii) In the case of a State in which
affiliation or enrollment with a political
party is required in order to participate in an
election to select the party's candidate in an
election for Federal office, information
regarding the individual's affiliation or
enrollment with a political party, but only if
the individual provides such information.
``(viii) Any additional information listed
in the mail voter registration application form
for elections for Federal office prescribed
pursuant to section 9 of the National Voter
Registration Act of 1993, including any valid
driver's license number or the last 4 digits of
the individual's social security number, if the
individual provided such information.
``(F) Provision of information regarding
participation in primary elections.--In the case of a
State in which affiliation or enrollment with a
political party is required in order to participate in
an election to select the party's candidate in an
election for Federal office, if the information
transmitted under paragraph (E) with respect to an
individual does not include information regarding the
individual's affiliation or enrollment with a political
party, the chief State election official shall--
``(i) notify the individual that such
affiliation or enrollment is required to
participate in primary elections; and
``(ii) provide an opportunity for the
individual to update their registration with a
party affiliation or enrollment.
``(G) Clarification.--Nothing in this section shall
be read to require an applicable agency to transmit to
an election official the information described in
subparagraph (E) for an individual who is ineligible to
vote in elections for Federal office in the State,
except to the extent required to pre-register citizens
between 16 and 18 years of age.
``(2) Alternate procedure for certain other applicable
agencies.--With each applicable transaction for which an
applicable agency in the normal course of its operations does
not request individuals to affirm United States citizenship
(either directly or as part of the overall application for
service or assistance), the applicable agency shall--
``(A) complete the requirements of section 7(a)(6);
``(B) ensure that each applicant's transaction with
the agency cannot be completed until the applicant has
indicated whether the applicant wishes to register to
vote or declines to register to vote in elections for
Federal office held in the State; and
``(C) for each individual who wishes to register to
vote, transmit that individual's information in
accordance with subsection (c)(1)(E), unless the agency
has conclusive documentary evidence obtained through
its normal course of operations that the individual is
not a United States citizen.
``(3) Required availability of automatic registration
opportunity with each application for service or assistance.--
Each applicable agency shall offer each eligible individual,
with each applicable transaction, the opportunity to register
to vote as prescribed by this section without regard to whether
the individual previously declined a registration opportunity.
``(d) Voter Protection.--
``(1) Applicable agencies' protection of information.--
Nothing in this section authorizes an applicable agency to
collect, retain, transmit, or publicly disclose any of the
following, except as necessary to comply with title III of the
Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.):
``(A) An individual's decision to decline to
register to vote or not to register to vote.
``(B) An individual's decision not to affirm his or
her citizenship.
``(C) Any information that an applicable agency
transmits pursuant to subsection (c)(1)(E), except in
pursuing the agency's ordinary course of business.
``(2) Election officials' protection of information.--
``(A) Public disclosure prohibited.--
``(i) In general.--Subject to clause (ii),
with respect to any individual for whom any
State election official receives information
from an applicable agency, the State election
officials shall not publicly disclose any of
the following:
``(I) Any information not necessary
to voter registration.
``(II) Any voter information
otherwise shielded from disclosure
under State law or section 8(a).
``(III) Any portion of the
individual's social security number.
``(IV) Any portion of the
individual's motor vehicle driver's
license number.
``(V) The individual's signature.
``(VI) The individual's telephone
number.
``(VII) The individual's email
address.
``(ii) Special rule for individuals
registered to vote.--The prohibition on public
disclosure in clause (i) shall not apply with
respect to the telephone number or email
address of any individual for whom any State
election official receives information from the
applicable agency and who, on the basis of such
information, is registered to vote in the State
under this section.
``(e) Miscellaneous Provisions.--
``(1) Accessibility of registration services.--Each
applicable agency shall ensure that the services it provides
under this section are made available to individuals with
disabilities to the same extent as services are made available
to all other individuals.
``(2) Transmission through secure third party permitted.--
Nothing in this section or in the Automatic Voter Registration
Act of 2021 shall be construed to prevent an applicable agency
from contracting with a third party to assist the agency in
meeting the information transmittal requirements of this
section, so long as the data transmittal complies with the
applicable requirements of this section and such Act, including
provisions relating privacy and security.
``(3) Nonpartisan, nondiscriminatory provision of
services.--The services made available by an applicable
agencies under this section shall be made in a manner
consistent with paragraphs (4), (5), and (6)(C) of section
7(a).
``(4) Notices.--Each State may send notices under this
section via electronic mail if the individual has provided an
electronic mail address and consented to electronic mail
communications for election-related materials. All notices sent
pursuant to this section that require a response must offer the
individual notified the opportunity to respond at no cost to
the individual.
``(5) Registration at other state offices permitted.--
Nothing in this section may be construed to prohibit a State
from offering voter registration services described in this
section at offices of the State other than the State motor
vehicle authority.
``(f) Applicability.--
``(1) In general.--This section shall not apply to an
exempt State.
``(2) Exempt state defined.--The term `exempt State' means
a State which, under law which is in effect continuously on and
after the date of the enactment of this section, either--
``(A) has no voter registration requirement for any
voter in the State with respect to a Federal election;
or
``(B) operates a system of automatic registration
(as defined in section 1002(a)(2)) at the motor vehicle
authority of the State or a Permanent Dividend Fund of
the State under which an individual is provided the
opportunity to decline registration during the
transaction or by way of a notice sent by mail or
electronically after the transaction.''.
(b) Conforming Amendments.--
(1) Section 4(a) of the National Voter Registration Act of
1993 (52 U.S.C. 20503(a)(1)) is amended by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively,
and by inserting after paragraph (1) the following new
paragraph:
``(2) by application made simultaneously with an
application for a motor vehicle driver's license pursuant to
section 5A;.''.
(2) Section 4(b) of the National Voter Registration Act of
1993 (52 U.S.C. 20503(b)) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by striking ``States.--This Act'' and inserting
``States.--
``(1) In general.--Except as provided in paragraph (2),
this Act''; and
(C) by adding at the end the following new
paragraph:
``(2) Application of automatic registration requirements.--
Section 5A shall apply to a State described in paragraph (1),
unless the State is an exempt State as defined in subsection
(f)(2) of such section.''.
(3) Section 8(a)(1) of such Act (52 U.S.C. 20507(a)(1)) is
amended by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively, and by inserting
after subparagraph (A) the following new subparagraph:
``(B) in the case of registration under section 5A,
within the period provided in section 5A(b)(2);''.
SEC. 1003. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.
(a) Protections for Errors in Registration.--An individual shall
not be prosecuted under any Federal or State law, adversely affected in
any civil adjudication concerning immigration status or naturalization,
or subject to an allegation in any legal proceeding that the individual
is not a citizen of the United States on any of the following grounds:
(1) The individual notified an election office of the
individual's automatic registration to vote.
(2) The individual is not eligible to vote in elections for
Federal office but was registered to vote due to individual or
agency error.
(3) The individual was automatically registered to vote at
an incorrect address.
(4) The individual declined the opportunity to register to
vote or did not make an affirmation of citizenship, including
through automatic registration.
(b) Limits on Use of Automatic Registration.--The automatic
registration (within the meaning of section 5A of the National Voter
Registration Act of 1993) of any individual or the fact that an
individual declined the opportunity to register to vote or did not make
an affirmation of citizenship (including through automatic
registration) may not be used as evidence against that individual in
any State or Federal law enforcement proceeding or any civil
adjudication concerning immigration status or naturalization, and an
individual's lack of knowledge or willfulness of such registration may
be demonstrated by the individual's testimony alone.
(c) Protection of Election Integrity.--Nothing in subsections (a)
or (b) may be construed to prohibit or restrict any action under color
of law against an individual who--
(1) knowingly and willfully makes a false statement to
effectuate or perpetuate automatic voter registration by any
individual; or
(2) casts a ballot knowingly and willfully in violation of
State law or the laws of the United States.
(d) Election Officials' Protection of Information.--
(1) Voter record changes.--Each State shall maintain for at
least 2 years and shall make available for public inspection
(and, where available, photocopying at a reasonable cost),
including in electronic form and through electronic methods,
all records of changes to voter records, including removals,
the reasons for removals, and updates.
(2) Database management standards.--Not later than 1 year
after the date of the enactment of this Act, the Director of
the National Institute of Standards and Technology, in
consultation with State and local election officials and the
Election Assistance Commission, shall, after providing the
public with notice and the opportunity to comment--
(A) establish standards governing the comparison of
data for voter registration list maintenance purposes,
identifying as part of such standards the specific data
elements, the matching rules used, and how a State may
use the data to determine and deem that an individual
is ineligible under State law to vote in an election,
or to deem a record to be a duplicate or outdated;
(B) ensure that the standards developed pursuant to
this paragraph are uniform and nondiscriminatory and
are applied in a uniform and nondiscriminatory manner;
(C) not later than 45 days after the deadline for
public notice and comment, publish the standards
developed pursuant to this paragraph on the Director's
website and make those standards available in written
form upon request; and
(D) ensure that the standards developed pursuant to
this paragraph are maintained and updated in a manner
that reflects innovations and best practices in the
security of database management.
(3) Security policy.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the Director of the
National Institute of Standards and Technology shall,
after providing the public with notice and the
opportunity to comment, publish privacy and security
standards for voter registration information not later
than 45 days after the deadline for public notice and
comment. The standards shall require the chief State
election official of each State to adopt a policy that
shall specify--
(i) each class of users who shall have
authorized access to the computerized statewide
voter registration list, specifying for each
class the permission and levels of access to be
granted, and setting forth other safeguards to
protect the privacy, security, and accuracy of
the information on the list; and
(ii) security safeguards to protect
personal information transmitted through the
information transmittal processes of section
5A(b) of the National Voter Registration Act of
1993, any telephone interface, the maintenance
of the voter registration database, and any
audit procedure to track access to the system.
(B) Maintenance and updating.--The Director shall
ensure that the standards developed pursuant to this
paragraph are maintained and updated in a manner that
reflects innovations and best practices in the privacy
and security of voter registration information.
(4) State compliance with national standards.--
(A) Certification.--The chief State election
official of the State shall annually file with the
Election Assistance Commission a statement certifying
to the Director of the National Institute of Standards
and Technology that the State is in compliance with the
standards referred to in paragraphs (2) and (3). A
State may meet the requirement of the previous sentence
by filing with the Commission a statement which reads
as follows: ``_____ hereby certifies that it is in
compliance with the standards referred to in paragraphs
(2) and (3) of section 1003(d) of the Automatic Voter
Registration Act of 2021.'' (with the blank to be
filled in with the name of the State involved).
(B) Publication of policies and procedures.--The
chief State election official of a State shall publish
on the official's website the policies and procedures
established under this section, and shall make those
policies and procedures available in written form upon
public request.
(C) Funding dependent on certification.--If a State
does not timely file the certification required under
this paragraph, it shall not receive any payment under
this part for the upcoming fiscal year.
(D) Compliance of states that require changes to
state law.--In the case of a State that requires State
legislation to carry out an activity covered by any
certification submitted under this paragraph, for a
period of not more than 2 years the State shall be
permitted to make the certification notwithstanding
that the legislation has not been enacted at the time
the certification is submitted, and such State shall
submit an additional certification once such
legislation is enacted.
(e) Restrictions on Use of Information.--No person acting under
color of law may discriminate against any individual based on, or use
for any purpose other than voter registration, election administration,
juror selection, or enforcement relating to election crimes, any of the
following:
(1) Voter registration records.
(2) An individual's declination to register to vote or
complete an affirmation of citizenship under section 5A of the
National Voter Registration Ac of 1993.
(3) An individual's voter registration status.
(f) Prohibition on the Use of Voter Registration Information for
Commercial Purposes.--Information collected under this part or the
amendments made by this part shall not be used for commercial purposes.
Nothing in this subsection may be construed to prohibit the
transmission, exchange, or dissemination of information for political
purposes, including the support of campaigns for election for Federal,
State, or local public office or the activities of political committees
(including committees of political parties) under the Federal Election
Campaign Act of 1971.
SEC. 1004. PAYMENTS AND GRANTS.
(a) In General.--The Election Assistance Commission shall make
grants to each eligible State to assist the State in implementing the
requirements of this part and the amendments made by this part (or, in
the case of an exempt State, in implementing its existing automatic
voter registration program or expanding its automatic voter
registration program in a manner consistent with the requirements of
this part) with respect to the offices of the State motor vehicle
authority and any other offices of the State at which the State offers
voter registration services as described in this part and the
amendments made by this part.
(b) Eligibility; Application.--A State is eligible to receive a
grant under this section if the State submits to the Commission, at
such time and in such form as the Commission may require, an
application containing--
(1) a description of the activities the State will carry
out with the grant;
(2) an assurance that the State shall carry out such
activities without partisan bias and without promoting any
particular point of view regarding any issue; and
(3) such other information and assurances as the Commission
may require.
(c) Amount of Grant; Priorities.--The Commission shall determine
the amount of a grant made to an eligible State under this section. In
determining the amounts of the grants, the Commission shall give
priority to providing funds for those activities which are most likely
to accelerate compliance with the requirements of this part (or, in the
case of an exempt State, which are most likely to enhance the ability
of the State to automatically register individuals to vote through its
existing automatic voter registration program), including--
(1) investments supporting electronic information transfer,
including electronic collection and transfer of signatures,
between applicable agencies (as defined in section 5A of the
National Voter Registration Act of 1993) and the appropriate
State election officials;
(2) updates to online or electronic voter registration
systems already operating as of the date of the enactment of
this Act;
(3) introduction of online voter registration systems in
jurisdictions in which those systems did not previously exist;
and
(4) public education on the availability of new methods of
registering to vote, updating registration, and correcting
registration.
(d) Exempt State.--For purposes of this section, the term ``exempt
State'' has the meaning given such term under section 5A of the
National Voter Registration Act of 1993, and also includes a State in
which, under law which is in effect continuously on and after the date
of the enactment of the National Voter Registration Act of 1993, there
is no voter registration requirement for any voter in the State with
respect to an election for Federal office.
(e) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section--
(A) $3,000,000,000 for fiscal year 2021; and
(B) such sums as may be necessary for each
succeeding fiscal year.
(2) Continuing availability of funds.--Any amounts
appropriated pursuant to the authority of this subsection shall
remain available without fiscal year limitation until expended.
SEC. 1005. MISCELLANEOUS PROVISIONS.
(a) Enforcement.--Section 11 of the National Voter Registration Act
of 1993 (52 U.S.C. 20510), relating to civil enforcement and the
availability of private rights of action, shall apply with respect to
this part in the same manner as such section applies to such Act.
(b) Relation to Other Laws.--Except as provided, nothing in this
part or the amendments made by this part may be construed to authorize
or require conduct prohibited under, or to supersede, restrict, or
limit the application of any of the following:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(3) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.) (other than section 5A thereof).
(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et
seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
SEC. 1006. DEFINITIONS.
In this part, the following definitions apply:
(1) The term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act.
(2) The term ``Commission'' means the Election Assistance
Commission.
(3) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 1007. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this part
and the amendments made by this part shall apply on and after January
1, 2023.
(b) Waiver.--If a State certifies to the Commission not later than
January 1, 2023, that the State will not meet the deadline described in
subsection (a) because it would be impracticable to do so and includes
in the certification the reasons for the failure to meet such deadline,
subsection (a) shall apply to the State as if the reference in such
subsection to ``January 1, 2023'' were a reference to ``January 1,
2025''.
PART 2--ELECTION DAY AS LEGAL PUBLIC HOLIDAY
SEC. 1011. ELECTION DAY AS LEGAL PUBLIC HOLIDAY.
(a) In General.--Section 6103(a) of title 5, United States Code, is
amended by inserting after the item relating to Columbus Day, the
following:
``Election Day, the Tuesday next after the first Monday in November
in each even-numbered year.''.
(b) Conforming Amendment.--Section 241(b) of the Help America Vote
Act of 2002 (52 U.S.C. 20981(b)) is amended--
(1) by striking paragraph (10); and
(2) by redesignating paragraphs (11) through (19) as
paragraphs (10) through (18), respectively.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the regularly scheduled general elections for
Federal office held in November 2022 or any succeeding year.
PART 3--PROMOTING INTERNET REGISTRATION
SEC. 1021. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.
(a) Requiring Availability of Internet for Registration.--The
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is
amended by inserting after section 6 the following new section:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online Registration.--
Each State, acting through the chief State election official, shall
ensure that the following services are available to the public at any
time on the official public websites of the appropriate State and local
election officials in the State, in the same manner and subject to the
same terms and conditions as the services provided by voter
registration agencies under section 7(a):
``(1) Online application for voter registration.
``(2) Online assistance to applicants in applying to
register to vote.
``(3) Online completion and submission by applicants of the
mail voter registration application form prescribed by the
Election Assistance Commission pursuant to section 9(a)(2),
including assistance with providing a signature as required
under subsection (c).
``(4) Online receipt of completed voter registration
applications.
``(b) Acceptance of Completed Applications.--A State shall accept
an online voter registration application provided by an individual
under this section, and ensure that the individual is registered to
vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote by
mail in accordance with section 6(a)(1) using the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2); and
``(2) the individual meets the requirements of subsection
(c) to provide a signature in electronic form (but only in the
case of applications submitted during or after the second year
in which this section is in effect in the State).
``(c) Signature Requirements.--
``(1) In general.--For purposes of this section, an
individual meets the requirements of this subsection as
follows:
``(A) In the case of an individual who has a
signature on file with a State agency, including the
State motor vehicle authority, that is required to
provide voter registration services under this Act or
any other law, the individual consents to the transfer
of that electronic signature.
``(B) If subparagraph (A) does not apply, the
individual submits with the application an electronic
copy of the individual's handwritten signature through
electronic means.
``(C) If subparagraph (A) and subparagraph (B) do
not apply, the individual executes a computerized mark
in the signature field on an online voter registration
application, in accordance with reasonable security
measures established by the State, but only if the
State accepts such mark from the individual.
``(2) Treatment of individuals unable to meet
requirement.--If an individual is unable to meet the
requirements of paragraph (1), the State shall--
``(A) permit the individual to complete all other
elements of the online voter registration application;
``(B) permit the individual to provide a signature
at the time the individual requests a ballot in an
election (whether the individual requests the ballot at
a polling place or requests the ballot by mail); and
``(C) if the individual carries out the steps
described in subparagraph (A) and subparagraph (B),
ensure that the individual is registered to vote in the
State.
``(3) Notice.--The State shall ensure that individuals
applying to register to vote online are notified of the
requirements of paragraph (1) and of the treatment of
individuals unable to meet such requirements, as described in
paragraph (2).
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--
``(A) In general.--Upon the online submission of a
completed voter registration application by an
individual under this section, the appropriate State or
local election official shall provide the individual a
notice confirming the State's receipt of the
application and providing instructions on how the
individual may check the status of the application.
``(B) Method of notification.--The appropriate
State or local election official shall provide the
notice required under subparagraph (A) though the
online submission process and--
``(i) in the case of an individual who has
provided the official with an electronic mail
address, by electronic mail; and
``(ii) at the option of the individual, by
text message.
``(2) Notice of disposition.--
``(A) In general.--Not later than 7 days after the
appropriate State or local election official has
approved or rejected an application submitted by an
individual under this section, the official shall
provide the individual a notice of the disposition of
the application.
``(B) Method of notification.--The appropriate
State or local election official shall provide the
notice required under subparagraph (A) by regular mail
and--
``(i) in the case of an individual who has
provided the official with an electronic mail
address, by electronic mail; and
``(ii) at the option of the individual, by
text message.
``(e) Provision of Services in Nonpartisan Manner.--The services
made available under subsection (a) shall be provided in a manner that
ensures that--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting the
requirements of this section, the State shall establish appropriate
technological security measures to prevent to the greatest extent
practicable any unauthorized access to information provided by
individuals using the services made available under subsection (a).
``(g) Accessibility of Services.--A state shall ensure that the
services made available under this section are made available to
individuals with disabilities to the same extent as services are made
available to all other individuals.
``(h) Nondiscrimination Among Registered Voters Using Mail and
Online Registration.--In carrying out this Act, the Help America Vote
Act of 2002, or any other Federal, State, or local law governing the
treatment of registered voters in the State or the administration of
elections for public office in the State, a State shall treat a
registered voter who registered to vote online in accordance with this
section in the same manner as the State treats a registered voter who
registered to vote by mail.''.
(b) Special Requirements for Individuals Using Online
Registration.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification requirements.--
Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52
U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and
inserting ``by mail or online under section 6A of the National
Voter Registration Act of 1993''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b))
is amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual registered to vote in
the State online under section 6A of the
National Voter Registration Act of 1993; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(i) in the case of an individual who
votes in person, the individual provides the
appropriate State or local election official
with a handwritten signature; or
``(ii) in the case of an individual who
votes by mail, the individual submits with the
ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20302 et seq.);
``(ii) provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of
the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(3) Conforming amendment relating to effective date.--
Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is
amended by striking ``Each State'' and inserting ``Except as
provided in subsection (b)(5), each State''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)), as amended by section 1002(b)(3), is amended--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following new subparagraph:
``(E) in the case of online registration through
the official public website of an election official
under section 6A, if the valid voter registration
application is submitted online not later than the
lesser of 28 days, or the period provided by State law,
before the date of the election (as determined by
treating the date on which the application is sent
electronically as the date on which it is submitted);
and''.
(2) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5))
is amended by striking ``and 7'' and inserting ``6A, and 7''.
SEC. 1022. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.
(a) In General.--
(1) Updates to information contained on computerized
statewide voter registration list.--Section 303(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by
adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local
election official shall ensure that any registered
voter on the computerized list may at any time update
the voter's registration information, including the
voter's address and electronic mail address, online
through the official public website of the election
official responsible for the maintenance of the list,
so long as the voter attests to the contents of the
update by providing a signature in electronic form in
the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate
State or local election official shall--
``(i) revise any information on the
computerized list to reflect the update made by
the voter; and
``(ii) if the updated registration
information affects the voter's eligibility to
vote in an election for Federal office, ensure
that the information is processed with respect
to the election if the voter updates the
information not later than the lesser of 7
days, or the period provided by State law,
before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the
online submission of updated registration
information by an individual under this
paragraph, the appropriate State or local
election official shall send the individual a
notice confirming the State's receipt of the
updated information and providing instructions
on how the individual may check the status of
the update.
``(ii) Notice of disposition.--Not later
than 7 days after the appropriate State or
local election official has accepted or
rejected updated information submitted by an
individual under this paragraph, the official
shall send the individual a notice of the
disposition of the update.
``(iii) Method of notification.--The
appropriate State or local election official
shall send the notices required under this
subparagraph by regular mail and--
``(I) in the case of an individual
who has requested that the State
provide voter registration and voting
information through electronic mail, by
electronic mail; and
``(II) at the option of the
individual, by text message.''.
(2) Conforming amendment relating to effective date.--
Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is
amended by striking ``subparagraph (B)'' and inserting
``subparagraph (B) and subsection (a)(6)''.
(b) Ability of Registrant To Use Online Update To Provide
Information on Residence.--Section 8(d)(2)(A) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended--
(1) in the first sentence, by inserting after ``return the
card'' the following: ``or update the registrant's information
on the computerized Statewide voter registration list using the
online method provided under section 303(a)(6) of the Help
America Vote Act of 2002''; and
(2) in the second sentence, by striking ``returned,'' and
inserting the following: ``returned or if the registrant does
not update the registrant's information on the computerized
Statewide voter registration list using such online method,''.
SEC. 1023. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO
INDIVIDUALS REGISTERED TO VOTE.
(a) Including Option on Voter Registration Application To Provide
E-Mail Address and Receive Information.--
(1) In general.--Section 9(b) of the National Voter
Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) shall include a space for the applicant to provide
(at the applicant's option) an electronic mail address,
together with a statement that, if the applicant so requests,
instead of using regular mail the appropriate State and local
election officials shall provide to the applicant, through
electronic mail sent to that address, the same voting
information (as defined in section 302(b)(2) of the Help
America Vote Act of 2002) which the officials would provide to
the applicant through regular mail.''.
(2) Prohibiting use for purposes unrelated to official
duties of election officials.--Section 9 of such Act (52 U.S.C.
20508) is amended by adding at the end the following new
subsection:
``(c) Prohibiting Use of Electronic Mail Addresses for Other Than
Official Purposes.--The chief State election official shall ensure that
any electronic mail address provided by an applicant under subsection
(b)(5) is used only for purposes of carrying out official duties of
election officials and is not transmitted by any State or local
election official (or any agent of such an official, including a
contractor) to any person who does not require the address to carry out
such official duties and who is not under the direct supervision and
control of a State or local election official.''.
(b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C.
21082(b)) is amended by adding at the end the following new paragraph:
``(3) Provision of other information by electronic mail.--
If an individual who is a registered voter has provided the
State or local election official with an electronic mail
address for the purpose of receiving voting information (as
described in section 9(b)(5) of the National Voter Registration
Act of 1993), the appropriate State or local election official,
through electronic mail transmitted not later than 7 days
before the date of the election for Federal office involved,
shall provide the individual with information on how to obtain
the following information by electronic means:
``(A)(i) If the individual is assigned to vote in
the election at a specific polling place--
``(I) the name and address of the polling
place; and
``(II) the hours of operation for the
polling place.
``(ii) If the individual is not assigned to vote in
the election at a specific polling place--
``(I) the name and address of locations at
which the individual is eligible to vote; and
``(II) the hours of operation for those
locations.
``(B) A description of any identification or other
information the individual may be required to present
at the polling place or a location described in
subparagraph (A)(ii)(I) to vote in the election.''.
SEC. 1024. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION
TO SHOW ELIGIBILITY TO VOTE.
Section 8 of the National Voter Registration Act of 1993 (52 U.S.C.
20507) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Requirement for State To Register Applicants Providing
Necessary Information To Show Eligibility To Vote.--For purposes
meeting the requirement of subsection (a)(1) that an eligible applicant
is registered to vote in an election for Federal office within the
deadlines required under such subsection, the State shall consider an
applicant to have provided a `valid voter registration form' if--
``(1) the applicant has substantially completed the
application form and attested to the statement required by
section 9(b)(2); and
``(2) in the case of an applicant who registers to vote
online in accordance with section 6A, the applicant provides a
signature in accordance with subsection (c) of such section.''.
SEC. 1025. PROHIBITING STATE FROM REQUIRING APPLICANTS TO PROVIDE MORE
THAN LAST 4 DIGITS OF SOCIAL SECURITY NUMBER.
(a) Form Included With Application for Motor Vehicle Driver's
License.--Section 5(c)(2)(B)(ii) of the National Voter Registration Act
of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by striking the
semicolon at the end and inserting the following: ``, and to the extent
that the application requires the applicant to provide a Social
Security number, may not require the applicant to provide more than the
last 4 digits of such number;''.
(b) National Mail Voter Registration Form.--Section 9(b)(1) of such
Act (52 U.S.C. 20508(b)(1)) is amended by striking the semicolon at the
end and inserting the following: ``, and to the extent that the form
requires the applicant to provide a Social Security number, the form
may not require the applicant to provide more than the last 4 digits of
such number;''.
SEC. 1026. APPLICATION OF RULES TO CERTAIN EXEMPT STATES.
Section 4 of the National Voter Registration Act of 1993 (52 U.S.C.
20503) is amended by adding at the end the following new subsection:
``(c) Application of Internet Voter Registration Rules.--
Notwithstanding subsection (b), the following provisions shall apply to
a State described in paragraph (2) thereof:
``(1) Section 6A (as added by section 1021(a) of the Voter
Registration Modernization Act of 2021).
``(2) Section 8(a)(1)(E) (as added by section 1021(c)(1) of
the Voter Registration Modernization Act of 2021).
``(3) Section 8(a)(5) (as amended by section 1021(c)(2) of
Voter Registration Modernization Act of 2021), but only to the
extent such provision relates to section 6A.
``(4) Section 8(j) (as added by section 1024 of the Voter
Registration Modernization Act of 2021), but only to the extent
such provision relates to section 6A.''.
SEC. 1027. REPORT ON DATA COLLECTION RELATING TO ONLINE VOTER
REGISTRATION SYSTEMS.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall submit to Congress a report on local, State, and
Federal personally identifiable information data collections efforts
related to online voter registration systems, the cyber security
resources necessary to defend such efforts from online attacks, and the
impact of a potential data breach of local, State, or Federal online
voter registration systems.
SEC. 1028. PERMITTING VOTER REGISTRATION APPLICATION FORM TO SERVE AS
APPLICATION FOR ABSENTEE BALLOT.
Section 5(c) of the National Voter Registration Act of 1993 (52
U.S.C. 20504(c)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) at the option of the applicant, shall serve as an
application to vote by absentee ballot in the next election for
Federal office held in the State and in each subsequent
election for Federal office held in the State.''; and
(2) by adding at the end the following new paragraph:
``(3)(A) In the case of an individual who is treated as having
applied for an absentee ballot in the next election for Federal office
held in the State and in each subsequent election for Federal office
held in the State under paragraph (2)(F), such treatment shall remain
effective until the earlier of such time as--
``(i) the individual is no longer registered to vote in the
State; or
``(ii) the individual provides an affirmative written
notice revoking such treatment.
``(B) The treatment of an individual as having applied for an
absentee ballot in the next election for Federal office held in the
State and in each subsequent election for Federal office held in the
State under paragraph (2)(F) shall not be revoked on the basis that the
individual has not voted in an election''.
SEC. 1029. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this part (other than the amendments made by section
1004) shall take effect January 1, 2022.
(b) Waiver.--If a State certifies to the Election Assistance
Commission not later than January 1, 2022, that the State will not meet
the deadline described in subsection (a) because it would be
impracticable to do so and includes in the certification the reasons
for the failure to meet such deadline, subsection (a) shall apply to
the State as if the reference in such subsection to ``January 1, 2022''
were a reference to ``January 1, 2024''.
PART 4--SAME DAY VOTER REGISTRATION
SEC. 1031. SAME DAY REGISTRATION.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306, respectively; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. SAME DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Each State shall permit any eligible
individual on the day of a Federal election and on any day when
voting, including early voting, is permitted for a Federal
election--
``(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (or, if the individual is already
registered to vote, to revise any of the individual's
voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of
this section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any election for Federal
office, an individual who is otherwise qualified to vote in that
election.
``(c) Ensuring Availability of Forms.--The State shall ensure that
each polling place has copies of any forms an individual may be
required to complete in order to register to vote or revise the
individual's voter registration information under this section.
``(d) Effective Date.--
``(1) In general.--Subject to paragraph (2), each State
shall be required to comply with the requirements of this
section for the regularly scheduled general election for
Federal office occurring in November 2022 and for any
subsequent election for Federal office.
``(2) Special rules for elections before november 2026.--
``(A) Elections prior to november 2024 general
election.--A State shall be deemed to be in compliance
with the requirements of this section for the regularly
scheduled general election for Federal office occurring
in November 2022 and subsequent elections for Federal
office occurring before the regularly scheduled general
election for Federal office in November 2024 if at
least one location for each 15,000 registered voters in
each jurisdiction in the State meets such requirements.
``(B) November 2024 general election.--If a State
certifies to the Commission not later than November 5,
2024, that the State will not be in compliance with the
requirements of this section for the regularly
scheduled general election for Federal office occurring
in November 2024 because it would be impracticable to
do so and includes in the certification the reasons for
the failure to meet such requirements, the State shall
be deemed to be in compliance with the requirements of
this section for such election if at least one location
for each 15,000 registered voters in each jurisdiction
in the State meets such requirements.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302,
and 303'' and inserting ``subtitle A of title III''.
(c) Clerical Amendments.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306, respectively; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Same day registration.''.
SEC. 1032. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE CONSISTENT
WITH TIMING OF LEGAL PUBLIC HOLIDAYS.
(a) In General.--Section 8(a)(1) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking ``30 days''
each place it appears and inserting ``28 days''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections held in 2022 or any succeeding year.
PART 5--STREAMLINE VOTER REGISTRATION INFORMATION, ACCESS, AND PRIVACY
SEC. 1041. AUTHORIZING THE DISSEMINATION OF VOTER REGISTRATION
INFORMATION DISPLAYS FOLLOWING NATURALIZATION CEREMONIES.
The Secretary of Homeland Security shall establish a process for
authorizing the chief State election official of a State to disseminate
voter registration information at the conclusion of any naturalization
ceremony in such State, which may involve a display or exhibit.
SEC. 1042. INCLUSION OF VOTER REGISTRATION INFORMATION WITH CERTAIN
LEASES AND VOUCHERS FOR FEDERALLY ASSISTED RENTAL HOUSING
AND MORTGAGE APPLICATIONS.
(a) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Consumer Financial Protection.
(2) Director.--The term ``Director'' means the Director of
the Bureau of Consumer Financial Protection.
(3) Federal rental assistance.--The term ``Federal rental
assistance'' means rental assistance provided under--
(A) any covered housing program, as defined in
section 41411(a) of the Violence Against Women Act of
1994 (34 U.S.C. 12491(a));
(B) title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.), including voucher assistance under
section 542 of such title (42 U.S.C. 1490r);
(C) the Housing Trust Fund program under section
1338 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4588); or
(D) subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.).
(4) Federally backed multifamily mortgage loan.--The term
``Federally backed multifamily mortgage loan'' includes any
loan (other than temporary financing such as a construction
loan) that--
(A) is secured by a first or subordinate lien on
residential multifamily real property designed
principally for the occupancy of 5 or more families,
including any such secured loan, the proceeds of which
are used to prepay or pay off an existing loan secured
by the same property; and
(B) is made in whole or in part, or insured,
guaranteed, supplemented, or assisted in any way, by
any officer or agency of the Federal Government or
under or in connection with a housing or urban
development program administered by the Secretary of
Housing and Urban Development or a housing or related
program administered by any other such officer or
agency, or is purchased or securitized by the Federal
Home Loan Mortgage Corporation or the Federal National
Mortgage Association.
(5) Owner.--The term ``owner'' has the meaning given the
term in section 8(f) of the United States Housing Act of 1937
(42 U.S.C. 1437f(f)).
(6) Public housing; public housing agency.--The terms
``public housing'' and ``public housing agency'' have the
meanings given those terms in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(7) Residential mortgage loan.--The term ``residential
mortgage loan'' includes any loan that is secured by a first or
subordinate lien on residential real property, including
individual units of condominiums and cooperatives, designed
principally for the occupancy of from 1- to 4- families.
(b) Uniform Statement.--
(1) Development.--The Director, after consultation with the
Election Assistance Commission, shall develop a uniform
statement designed to provide recipients of the statement
pursuant to this section with information on how the recipient
can register to vote and the voting rights of the recipient
under law.
(2) Responsibilities.--In developing the uniform statement,
the Director shall be responsible for--
(A) establishing the format of the statement;
(B) consumer research and testing of the statement;
and
(C) consulting with and obtaining from the Election
Assistance Commission the content regarding voter
rights and registration issues needed to ensure the
statement complies with the requirements of paragraph
(1).
(3) Languages.--
(A) In general.--The uniform statement required
under paragraph (1) shall be developed and made
available in English and in each of the 10 languages
most commonly spoken by individuals with limited
English proficiency, as determined by the Director
using information published by the Director of the
Bureau of the Census.
(B) Publication.--The Director shall make all
translated versions of the uniform statement required
under paragraph (1) publicly available in a centralized
location on the website of the Bureau.
(c) Leases and Vouchers for Federally Assisted Rental Housing.--
Each Federal agency administering a Federal rental assistance program
shall require--
(1) each public housing agency to provide a copy of the
uniform statement developed pursuant to subsection (b) to each
lessee of a dwelling unit in public housing administered by the
agency--
(A) together with the lease for the dwelling unit,
at the same time the lease is signed by the lessee; and
(B) together with any income verification form, at
the same time the form is provided to the lessee;
(2) each public housing agency that administers rental
assistance under the Housing Choice Voucher program under
section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)), including the program under paragraph (13) of
such section 8(o), to provide a copy of the uniform statement
developed pursuant to subsection (b) to each assisted family or
individual--
(A) together with the voucher for the assistance,
at the time the voucher is issued for the family or
individual; and
(B) together with any income verification form, at
the time the voucher is provided to the applicant or
assisted family or individual; and
(3) each owner of a dwelling unit assisted with Federal
rental assistance to provide a copy of the uniform statement
developed pursuant to subsection (b) to the lessee of the
dwelling unit--
(A) together with the lease for such dwelling unit,
at the same time the lease is signed by the lessee; and
(B) together with any income verification form, at
the same time the form is provided to the applicant or
tenant.
(d) Applications for Residential Mortgage Loans.--The Director
shall require each creditor (within the meaning of such term as used in
section 1026.2(a)(17) of title 12, Code of Federal Regulations) that
receives an application (within the meaning of such term as used in
section 1026.2(a)(3)(ii) of title 12, Code of Federal Regulations) to
provide a copy of the uniform statement developed pursuant to
subsection (b) in written form to the applicant for the residential
mortgage loan not later than 5 business days after the date of the
application.
(e) Federally Backed Multifamily Mortgage Loans.--The head of the
Federal agency insuring, guaranteeing, supplementing, or assisting a
Federally backed multifamily mortgage loan, or the Director of the
Federal Housing Finance Agency in the case of a Federally backed
multifamily mortgage loan that is purchased or securitized by the
Federal Home Loan Mortgage Corporation or the Federal National Mortgage
Association, shall require the owner of the property secured by the
Federally backed multifamily mortgage loan to provide a copy of the
uniform statement developed pursuant to subsection (b) in written form
to each lessee of a dwelling unit assisted by that loan at the time the
lease is signed by the lessee.
(f) Optional Completion of Voter Registration.--Nothing in this
section may be construed to require any individual to complete a voter
registration form.
(g) Regulations.--The head of a Federal agency administering a
Federal rental assistance program, the head of the Federal agency
insuring, guaranteeing, supplementing, or assisting a Federally backed
multifamily mortgage loan, the Director of the Federal Housing Finance
Agency, and the Director may issue such regulations as may be necessary
to carry out this section.
SEC. 1043. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM
INDIVIDUALS UNDER 18 YEARS OF AGE.
(a) Acceptance of Applications.--Section 8 of the National Voter
Registration Act of 1993 (52 U.S.C. 20507), as amended by section 1024,
is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Acceptance of Applications From Individuals Under 18 Years of
Age.--
``(1) In general.--A State may not refuse to accept or
process an individual's application to register to vote in
elections for Federal office on the grounds that the individual
is under 18 years of age at the time the individual submits the
application, so long as the individual is at least 16 years of
age at such time.
``(2) No effect on state voting age requirements.--Nothing
in paragraph (1) may be construed to require a State to permit
an individual who is under 18 years of age at the time of an
election for Federal office to vote in the election.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring on or after January 1, 2022.
SEC. 1044. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER PRIVACY
PROGRAMS.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.), as amended by section 1031(a), is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307, respectively; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. VOTER PRIVACY PROGRAMS.
``(a) In General.--Each State shall establish and operate a privacy
program to enable victims of domestic violence, dating violence,
stalking, sexual assault, and trafficking to have personally
identifiable information that State or local election officials
maintain with respect to an individual voter registration status for
purposes of elections for Federal office in the State, including
addresses, be kept confidential.
``(b) Notice.--Each State shall notify residents of that State of
the information that State and local election officials maintain with
respect to an individual voter registration status for purposes of
elections for Federal office in the State, how that information is
shared or sold and with whom, what information is automatically kept
confidential, what information is needed to access voter information
online, and the privacy programs that are available.
``(c) Public Availability.--Each State shall make information about
the program established under subsection (a) available on a publicly
accessible website.
``(d) Definitions.--In this section:
``(1) The terms `domestic violence', `stalking', `sexual
assault', and `dating violence' have the meanings given such
terms in section 40002 of the Violence Against Women Act of
1994 (34 U.S.C. 12291).
``(2) The term `trafficking' means an act or practice
described in paragraph (11) or (12) of section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
``(e) Effective Date.--Each State and jurisdiction shall be
required to comply with the requirements of this section on and after
January 1, 2023.''.
(b) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307, respectively; and
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Voter privacy programs.''.
PART 6--FUNDING SUPPORT TO STATES FOR COMPLIANCE
SEC. 1051. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER
COSTS OF COMPLIANCE WITH NEW REQUIREMENTS.
(a) In General.--Section 251(b) of the Help America Vote Act of
2002 (52 U.S.C. 21001(b)) is amended--
(1) in paragraph (1), by striking ``as provided in
paragraphs (2) and (3)'' and inserting ``as otherwise provided
in this subsection''; and
(2) by adding at the end the following new paragraph:
``(4) Certain voter registration activities.--
Notwithstanding paragraph (3), a State may use a requirements
payment to carry out any of the requirements of the Voter
Registration Modernization Act of 2021, including the
requirements of the National Voter Registration Act of 1993
which are imposed pursuant to the amendments made to such Act
by the Voter Registration Modernization Act of 2021.''.
(b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C.
21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting
``section 251(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2022 and each succeeding fiscal year.
Subtitle B--Access to Voting for Individuals With Disabilities
SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER
REGISTRATION AND VOTING FOR INDIVIDUALS WITH
DISABILITIES.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a)
and section 1044(a), is amended--
(1) by redesignating sections 306 and 307 as sections 307
and 308, respectively; and
(2) by inserting after section 305 the following new
section:
``SEC. 306. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS
WITH DISABILITIES.
``(a) Treatment of Applications and Ballots.--Each State shall--
``(1) ensure that absentee registration forms, absentee
ballot applications, and absentee ballots that are available
electronically are accessible (as defined in section 307);
``(2) permit individuals with disabilities to use absentee
registration procedures and to vote by absentee ballot in
elections for Federal office;
``(3) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an individual
with a disability if the application is received by the
appropriate State election official within the deadline for the
election which is applicable under Federal law;
``(4) in addition to any other method of registering to
vote or applying for an absentee ballot in the State, establish
procedures--
``(A) for individuals with disabilities to request
by mail and electronically voter registration
applications and absentee ballot applications with
respect to elections for Federal office in accordance
with subsection (c);
``(B) for States to send by mail and electronically
(in accordance with the preferred method of
transmission designated by the individual under
subparagraph (C)) voter registration applications and
absentee ballot applications requested under
subparagraph (A) in accordance with subsection (c));
and
``(C) by which such an individual can designate
whether the individual prefers that such voter
registration application or absentee ballot application
be transmitted by mail or electronically;
``(5) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee ballots
to individuals with disabilities with respect to elections for
Federal office in accordance with subsection (d); and
``(6) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to individuals
with disabilities in a manner that gives them sufficient time
to vote in the runoff election.
``(b) Designation of Single State Office to Provide Information on
Registration and Absentee Ballot Procedures for Voters With
Disabilities in State.--
``(1) In general.--Each State shall designate a single
office which shall be responsible for providing information
regarding voter registration procedures, absentee ballot
procedures, and in-person voting procedures to be used by
individuals with disabilities with respect to elections for
Federal office to all individuals with disabilities who wish to
register to vote or vote in any jurisdiction in the State.
``(2) Responsibilities.--Each State shall, through the
office designated in paragraph (1)--
``(A) provide information to election officials--
``(i) on how to set up and operate
accessible voting systems; and
``(ii) regarding the accessibility of
voting procedures, including guidance on
compatibility with assistive technologies such
as screen readers and ballot marking devices;
``(B) integrate information on accessibility,
accommodations, disability, and older individuals into
regular training materials for poll workers and
election administration officials;
``(C) train poll workers on how to make polling
places accessible for individuals with disabilities and
older individuals;
``(D) promote the hiring of individuals with
disabilities and older individuals as poll workers and
election staff; and
``(E) publicly post the results of any audits to
determine the accessibility of polling places no later
than 6 months after the completion of the audit.
``(c) Designation Of Means of Electronic Communication for
Individuals With Disabilities to Request and for States to Send Voter
Registration Applications and Absentee Ballot Applications, and for
Other Purposes Related to Voting Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of accessible electronic
communication--
``(A) for use by individuals with disabilities who
wish to register to vote or vote in any jurisdiction in
the State to request voter registration applications
and absentee ballot applications under subsection
(a)(4);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to individuals with
disabilities.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to individuals with
disabilities, including a means of electronic communication for
the appropriate jurisdiction of the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include a
means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to individuals with
disabilities.
``(4) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under subsection (a)(4)(C), the State shall transmit
the voter registration application or absentee ballot
application by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(d) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to securely transmit blank absentee ballots
by mail and electronically (in accordance with the
preferred method of transmission designated by the
individual with a disability under subparagraph (B)) to
individuals with disabilities for an election for
Federal office; and
``(B) by which the individual with a disability can
designate whether the individual prefers that such
blank absentee ballot be transmitted by mail or
electronically.
``(2) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under paragraph (1)(B), the State shall transmit the
ballot by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(3) Application of methods to track delivery to and
return of ballot by individual requesting ballot.--Under the
procedures established under paragraph (1), the State shall
apply such methods as the State considers appropriate, such as
assigning a unique identifier to the ballot envelope, to ensure
that if an individual with a disability requests the State to
transmit a blank absentee ballot to the individual in
accordance with this subsection, the voted absentee ballot
which is returned by the individual is the same blank absentee
ballot which the State transmitted to the individual.
``(e) Individual With a Disability Defined.--In this section, an
`individual with a disability' means an individual with an impairment
that substantially limits any major life activities and who is
otherwise qualified to vote in elections for Federal office.
``(f) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2022.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--
(1) Timing of issuance.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) in the case of the recommendations with respect to
section 306, January 1, 2022.''.
(2) Redesignation.--
(A) In general.--Title III of such Act (52 U.S.C.
21081 et seq.) is amended by redesignating sections 311
and 312 as sections 321 and 322, respectively.
(B) Conforming amendment.--Section 322(a) of such
Act, as redesignated by subparagraph (A), is amended by
striking ``section 312'' and inserting ``section 322''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c) and section 1044(b), is amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 307 and 308, respectively; and
(2) by inserting after the item relating to section 305 the
following new item:
``Sec. 306. Access to voter registration and voting for individuals
with disabilities.''.
SEC. 1102. ESTABLISHMENT AND MAINTENANCE OF STATE ACCESSIBLE ELECTION
WEBSITES.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), and section 1101(a), is amended--
(1) by redesignating sections 307 and 308 as sections 308
and 309, respectively; and
(2) by inserting after section 306 the following:
``SEC. 307. ESTABLISHMENT AND MAINTENANCE OF ACCESSIBLE ELECTION
WEBSITES.
``(a) In General.--Not later than January 1, 2023, each State shall
establish a single election website that is accessible and meets the
following requirements:
``(1) Local election officials.--The website shall provide
local election officials, poll workers, and volunteers with--
``(A) guidance to ensure that polling places are
accessible for individuals with disabilities and older
individuals in a manner that provides the same
opportunity for access and participation (including
privacy and independence) as for other voters; and
``(B) online training and resources on--
``(i) how best to promote the access and
participation of individuals with disabilities
and older individuals in elections for public
office; and
``(ii) the voting rights and protections
for individuals with disabilities and older
individuals under State and Federal law.
``(2) Voters.--The website shall provide information about
voting, including--
``(A) the accessibility of all polling places
within the State, including outreach programs to inform
individuals about the availability of accessible
polling places;
``(B) how to register to vote and confirm voter
registration in the State;
``(C) the location and operating hours of all
polling places in the State;
``(D) the availability of aid or assistance for
individuals with disabilities and older individuals to
cast their vote in a manner that provides the same
opportunity for access and participation (including
privacy and independence) as for other voters at
polling places;
``(E) the availability of transportation aid or
assistance to the polling place for individuals with
disabilities or older individuals;
``(F) the rights and protections under State and
Federal law for individuals with disabilities and older
individuals to participate in elections; and
``(G) how to contact State, local, and Federal
officials with complaints or grievances if individuals
with disabilities, older individuals, Native Americans,
Alaska Natives, and individuals with limited
proficiency in the English language feel their ability
to register to vote or vote has been blocked or
delayed.
``(b) Partnership With Outside Technical Organization.--The chief
State election official of each State, through the committee of
appropriate individuals under subsection (c)(2), shall partner with an
outside technical organization with demonstrated experience in
establishing accessible and easy to use accessible election websites
to--
``(1) update an existing election website to make it fully
accessible in accordance with this section; or
``(2) develop an election website that is fully accessible
in accordance with this section.
``(c) State Plan.--
``(1) Development.--The chief State election official of
each State shall, through a committee of appropriate
individuals as described in paragraph (2), develop a State plan
that describes how the State and local governments will meet
the requirements under this section.
``(2) Committee membership.--The committee shall comprise
at least the following individuals:
``(A) The chief election officials of the four most
populous jurisdictions within the State.
``(B) The chief election officials of the four
least populous jurisdictions within the State.
``(C) Representatives from two disability advocacy
groups, including at least one such representative who
is an individual with a disability.
``(D) Representatives from two older individual
advocacy groups, including at least one such
representative who is an older individual.
``(E) Representatives from two independent non-
governmental organizations with expertise in
establishing and maintaining accessible websites.
``(F) Representatives from two independent non-
governmental voting rights organizations.
``(G) Representatives from State protection and
advocacy systems as defined in section 102 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002).
``(d) Partnership To Monitor and Verify Accessibility.--The chief
State election official of each eligible State, through the committee
of appropriate individuals under subsection (c)(2), shall partner with
at least two of the following organizations to monitor and verify the
accessibility of the election website and the completeness of the
election information and the accuracy of the disability information
provided on such website:
``(1) University Centers for Excellence in Developmental
Disabilities Education, Research, and Services designated under
section 151(a) of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15061(a)).
``(2) Centers for Independent Living, as described in part
C of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.).
``(3) A State Council on Developmental Disabilities
described in section 125 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025).
``(4) State protection and advocacy systems as defined in
section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(5) Statewide Independent Living Councils established
under section 705 of the Rehabilitation Act of 1973 (29 U.S.C.
796d).
``(6) State Assistive Technology Act Programs.
``(7) A visual access advocacy organization.
``(8) An organization for the deaf.
``(9) A mental health organization.
``(e) Definitions.--For purposes of this section, section 305, and
section 307:
``(1) Accessible.--The term `accessible' means--
``(A) in the case of the election website under
subsection (a) or an electronic communication under
section 305--
``(i) that the functions and content of the
website or electronic communication, including
all text, visual, and aural content, are as
accessible to people with disabilities as to
those without disabilities;
``(ii) that the functions and content of
the website or electronic communication are
accessible to individuals with limited
proficiency in the English language; and
``(iii) that the website or electronic
communication meets, at a minimum, conformance
to Level AA of the Web Content Accessibility
Guidelines 2.0 of the Web Accessibility
Initiative (or any successor guidelines); and
``(B) in the case of a facility (including a
polling place), that the facility is readily accessible
to and usable by individuals with disabilities and
older individuals, as determined under the 2010 ADA
Standards for Accessible Design adopted by the
Department of Justice (or any successor standards).
``(2) Individual with a disability.--The term `individual
with a disability' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102), and who is otherwise qualified to vote
in elections for Federal office.
``(3) Older individual.--The term `older individual' means
an individual who is 60 years of age or older and who is
otherwise qualified to vote in elections for Federal office.''.
(b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C.
21101(b)), as added and redesignated by section 1101(b), is amended by
striking ``section 306'' and inserting ``sections 306 and 307''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), and section 1101(c), is
amended--
(1) by redesignating the items relating to sections 307 and
308 as relating to sections 308 and 309, respectively; and
(2) by inserting after the item relating to section 306 the
following new item:
``Sec. 307. Establishment and maintenance of accessible election
websites.''.
SEC. 1103. PROTECTIONS FOR IN-PERSON VOTING FOR INDIVIDUALS WITH
DISABILITIES AND OLDER INDIVIDUALS.
(a) Requirement.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1044(a), section 1101(a), and
section 1102(a), is amended--
(A) by redesignating sections 308 and 309 as
sections 309 and 310, respectively; and
(B) by inserting after section 307 the following:
``SEC. 308. ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES AND
OLDER INDIVIDUALS.
``(a) In General.--Each State shall--
``(1) ensure all polling places within the State are
accessible, as defined in section 306;
``(2) consider procedures to address long wait times at
polling places that allow individuals with disabilities and
older individuals alternate options to cast a ballot in person
in an election for Federal office, such as the option to cast a
ballot outside of the polling place or from a vehicle, or
providing an expedited voting line; and
``(3) consider options to establish `mobile polling sites'
to allow election officials or volunteers to travel to long-
term care facilities and assist residents who request
assistance in casting a ballot in order to maintain the privacy
and independence of voters in these facilities.
``(b) Clarification.--Nothing in this section may be construed to
alter the requirements under Federal law that all polling places for
Federal elections are accessible to individuals with disabilities and
older individuals.
``(c) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2024.''.
(2) Voluntary guidance.--Section 321(b)(4) such Act (52
U.S.C. 21101(b)), as added and redesignated by section 1101(b)
and as amended by section 1102(b), is amended by striking ``and
307'' and inserting ``, 307, and 308''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), and section 1102(c), is amended--
(A) by redesignating the items relating to sections
308 and 309 as relating to sections 309 and 310,
respectively; and
(B) by inserting after the item relating to section
307 the following new item:
``Sec. 308. Access to voting for individuals with disabilities and
older individuals.''.
(b) Revisions to Voting Accessibility for the Elderly and
Handicapped Act.--
(1) Reports to election assistance commission.--Section
3(c) of the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(c)) is amended--
(A) in the subsection heading, by striking
``Federal Election Commission'' and inserting
``Election Assistance Commission'';
(B) in each of paragraphs (1) and (2), by striking
``Federal Election Commission'' and inserting
``Election Assistance Commission''; and
(C) by striking paragraph (3).
(2) Conforming amendments relating to references.--The
Voting Accessibility for the Elderly and Handicapped Act (52
U.S.C. 20101 et seq.), as amended by paragraph (1), is
amended--
(A) by striking ``handicapped and elderly
individuals'' each place it appears and inserting
``individuals with disabilities and older
individuals'';
(B) by striking ``handicapped and elderly voters''
each place it appears and inserting ``individuals with
disabilities and older individuals'';
(C) in section 3(b)(2)(B), by striking
``handicapped or elderly voter'' and inserting
``individual with a disability or older individual'';
(D) in section 5(b), by striking ``handicapped
voter'' and inserting ``individual with a disability'';
and
(E) in section 8--
(i) by striking paragraphs (1) and (2) and
inserting the following:
``(1) `accessible' has the meaning given that term in
section 307 of the Help America Vote Act of 2002, as added by
section 1102(a) of the Freedom to Vote Act;
``(2) `older individual' has the meaning given that term in
such section 307;''; and
(ii) by striking paragraph (4), and
inserting the following:
``(4) `individual with a disability' has the meaning given
that term in such section 306; and''.
(3) Short title amendment.--
(A) In general.--Section 1 of the ``Voting
Accessibility for the Elderly and Handicapped Act''
(Public Law 98-435; 42 U.S.C. 1973ee note) is amended
by striking ``for the Elderly and Handicapped'' and
inserting ``for Individuals with Disabilities and Older
Individuals''.
(B) References.--Any reference in any other
provision of law, regulation, document, paper, or other
record of the United States to the ``Voting
Accessibility for the Elderly and Handicapped Act''
shall be deemed to be a reference to the ``Voting
Accessibility for Individuals with Disabilities and
Older Individuals Act''.
(4) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2024, and apply to with respect
to elections for Federal office held on or after that date.
SEC. 1104. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), section 1101(a), section 1102(a), and section
1103(a)(1), is amended--
(1) by redesignating sections 309 and 310 as sections 310
and 311, respectively; and
(2) by inserting after section 308 the following:
``SEC. 309. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.
``(a) In General.--A State shall not determine that an individual
lacks the capacity to vote in an election for Federal office on the
ground that the individual is subject to guardianship, unless a court
of competent jurisdiction issues a court order finding by clear and
convincing evidence that the individual cannot communicate, with or
without accommodations, a desire to participate in the voting process.
``(b) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2022.''.
(b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C.
21101(b)), as added and redesignated by section 1101(b) and as amended
by sections 1102 and 1103, is amended by striking ``and 308'' and
inserting ``308, and 309''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), and section 1103(a)(3), is amended--
(1) by redesignating the items relating to sections 309 and
310 as relating to sections 310 and 311, respectively; and
(2) by inserting after the item relating to section 308 the
following new item:
``Sec. 309. Protections for individuals subject to guardianship.''.
SEC. 1105. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE
VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES.
(a) Purposes of Payments.--Section 261(b) of the Help America Vote
Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1)
and (2) and inserting the following:
``(1) making absentee voting and voting at home accessible
to individuals with the full range of disabilities (including
impairments involving vision, hearing, mobility, or dexterity)
through the implementation of accessible absentee voting
systems that work in conjunction with assistive technologies
for which individuals have access at their homes, independent
living centers, or other facilities;
``(2) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the same
opportunity for access and participation (including privacy and
independence) as for other voters; and
``(3) providing solutions to problems of access to voting
and elections for individuals with disabilities that are
universally designed and provide the same opportunities for
individuals with and without disabilities.''.
(b) Reauthorization.--Section 264(a) of such Act (52 U.S.C.
21024(a)) is amended by adding at the end the following new paragraph:
``(4) For fiscal year 2022 and each succeeding fiscal year,
such sums as may be necessary to carry out this part.''.
(c) Period of Availability of Funds.--Section 264 of such Act (52
U.S.C. 21024) is amended--
(1) in subsection (b), by striking ``Any amounts'' and
inserting ``Except as provided in subsection (b), any
amounts''; and
(2) by adding at the end the following new subsection:
``(c) Return and Transfer of Certain Funds.--
``(1) Deadline for obligation and expenditure.--In the case
of any amounts appropriated pursuant to the authority of
subsection (a) for a payment to a State or unit of local
government for fiscal year 2022 or any succeeding fiscal year,
any portion of such amounts which have not been obligated or
expended by the State or unit of local government prior to the
expiration of the 4-year period which begins on the date the
State or unit of local government first received the amounts
shall be transferred to the Commission.
``(2) Reallocation of transferred amounts.--
``(A) In general.--The Commission shall use the
amounts transferred under paragraph (1) to make
payments on a pro rata basis to each covered payment
recipient described in subparagraph (B), which may
obligate and expend such payment for the purposes
described in section 261(b) during the 1-year period
which begins on the date of receipt.
``(B) Covered payment recipients described.--In
subparagraph (A), a `covered payment recipient' is a
State or unit of local government with respect to
which--
``(i) amounts were appropriated pursuant to
the authority of subsection (a); and
``(ii) no amounts were transferred to the
Commission under paragraph (1).''.
SEC. 1106. FUNDING FOR PROTECTION AND ADVOCACY SYSTEMS.
(a) Inclusion of System Serving American Indian Consortium.--
Section 291(a) of the Help America Vote Act of 2002 (52 U.S.C.
21061(a)) is amended by striking ``of each State'' and inserting ``of
each State and the eligible system serving the American Indian
consortium (within the meaning of section 509(c)(1)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)))''.
(b) Grant Amount.--Section 291(b) of the Help America Vote Act of
2002 (52 U.S.C. 21061(b)) is amended--
(1) by striking ``as set forth in subsections (c)(3)'' and
inserting ``as set forth in subsections (c)(1)(B) (regardless
of the fiscal year), (c)(3)''; and
(2) by striking ``except that'' and all that follows and
inserting ``except that the amount of the grants to systems
referred to in subsection (c)(3)(B) of that section shall not
be less than $70,000 and the amount of the grants to systems
referred to in subsections (c)(1)(B) and (c)(4)(B) of that
section shall not be less than $35,000.''.
SEC. 1107. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO
REGISTER TO VOTE PRIVATELY AND INDEPENDENTLY AT
RESIDENCES.
(a) Establishment of Pilot Programs.--The Election Assistance
Commission (hereafter referred to as the ``Commission'') shall, subject
to the availability of appropriations to carry out this section, make
grants to eligible States to conduct pilot programs under which
individuals with disabilities may use electronic means (including the
internet and telephones utilizing assistive devices) to register to
vote and to request and receive absentee ballots in a manner which
permits such individuals to do so privately and independently at their
own residences.
(b) Reports.--
(1) In general.--A State receiving a grant for a year under
this section shall submit a report to the Commission on the
pilot programs the State carried out with the grant with
respect to elections for public office held in the State during
the year.
(2) Deadline.--A State shall submit a report under
paragraph (1) not later than 90 days after the last election
for public office held in the State during the year.
(c) Eligibility.--A State is eligible to receive a grant under this
section if the State submits to the Commission, at such time and in
such form as the Commission may require, an application containing such
information and assurances as the Commission may require.
(d) Timing.--The Commission shall make the first grants under this
section for pilot programs which will be in effect with respect to
elections for Federal office held in 2022, or, at the option of a
State, with respect to other elections for public office held in the
State in 2022.
(e) State Defined.--In this section, the term ``State'' includes
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
SEC. 1108. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR INDIVIDUALS
WITH DISABILITIES.
(a) Analysis.--The Comptroller General of the United States shall
conduct an analysis after each regularly scheduled general election for
Federal office with respect to the following:
(1) In relation to polling places located in houses of
worship or other facilities that may be exempt from
accessibility requirements under the Americans with
Disabilities Act--
(A) efforts to overcome accessibility challenges
posed by such facilities; and
(B) the extent to which such facilities are used as
polling places in elections for Federal office.
(2) Assistance provided by the Election Assistance
Commission, Department of Justice, or other Federal agencies to
help State and local officials improve voting access for
individuals with disabilities during elections for Federal
office.
(3) When accessible voting machines are available at a
polling place, the extent to which such machines--
(A) are located in places that are difficult to
access;
(B) malfunction; or
(C) fail to provide sufficient privacy to ensure
that the ballot of the individual cannot be seen by
another individual.
(4) The process by which Federal, State, and local
governments track compliance with accessibility requirements
related to voting access, including methods to receive and
address complaints.
(5) The extent to which poll workers receive training on
how to assist individuals with disabilities, including the
receipt by such poll workers of information on legal
requirements related to voting rights for individuals with
disabilities.
(6) The extent and effectiveness of training provided to
poll workers on the operation of accessible voting machines.
(7) The extent to which individuals with a developmental or
psychiatric disability experience greater barriers to voting,
and whether poll worker training adequately addresses the needs
of such individuals.
(8) The extent to which State or local governments employ,
or attempt to employ, individuals with disabilities to work at
polling sites.
(b) Report.--
(1) In general.--Not later than 9 months after the date of
a regularly scheduled general election for Federal office, the
Comptroller General shall submit to the appropriate
congressional committees a report with respect to the most
recent regularly scheduled general election for Federal office
that contains the following:
(A) The analysis required by subsection (a).
(B) Recommendations, as appropriate, to promote the
use of best practices used by State and local officials
to address barriers to accessibility and privacy
concerns for individuals with disabilities in elections
for Federal office.
(2) Appropriate congressional committees.--For purposes of
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on House Administration of the
House of Representatives;
(B) the Committee on Rules and Administration of
the Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Appropriations of the Senate.
Subtitle C--Early Voting
SEC. 1201. EARLY VOTING.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), section 1101(a), section 1102(a), section 1103(a), and
section 1104(a), is amended--
(1) by redesignating sections 310 and 311 as sections 311
and 312, respectively; and
(2) by inserting after section 309 the following new
section:
``SEC. 310. EARLY VOTING.
``(a) Requiring Voting Prior to Date of Election.--Each State shall
allow individuals to vote in an election for Federal office during an
early voting period which occurs prior to the date of the election, in
a manner that allows the individual to receive, complete, and cast
their ballot in-person.
``(b) Minimum Early Voting Requirements.--
``(1) In general.--
``(A) Length of period.--The early voting period
required under this subsection with respect to an
election shall consist of a period of consecutive days
(including weekends) which begins on the 15th day
before the date of the election (or, at the option of
the State, on a day prior to the 15th day before the
date of the election) and ends no earlier than the
second day before the date of the election.
``(B) Hours for early voting.--Each polling place
which allows voting during an early voting period under
subparagraph (A) shall--
``(i) allow such voting for no less than 10
hours on each day during the period;
``(ii) have uniform hours each day for
which such voting occurs; and
``(iii) allow such voting to be held for
some period of time prior to 9:00 a.m (local
time) and some period of time after 5:00 p.m.
(local time).
``(2) Requirements for vote-by-mail jurisdictions.--In the
case of a jurisdiction that sends every registered voter a
ballot by mail--
``(A) paragraph (1) shall not apply;
``(B) such jurisdiction shall allow eligible
individuals to vote during an early voting period that
ensures voters are provided the greatest opportunity to
cast ballots ahead of election day and which includes
at least one consecutive Saturday and Sunday; and
``(C) each polling place which allows voting during
an early voting period under subparagraph (B) shall
allow such voting--
``(i) during the election office's regular
business hours; and
``(ii) for a period of not less than 8
hours on Saturdays and Sundays included in the
early voting period.
``(3) Requirements for small jurisdictions.--
``(A) In general.--In the case of a jurisdiction
described in subparagraph (B), paragraph (1)(B) shall
not apply so long as all eligible individuals in the
jurisdiction have the opportunity to vote--
``(i) at each polling place which allows
voting during the early voting period described
in paragraph (1)(A)--
``(I) during the election office's
regular business hours; and
``(II) for a period of not less
than 8 hours on at least one Saturday
and at least one Sunday included in the
early voting period; or
``(ii) at one or more polling places in the
county in which such jurisdiction is located
that allows voting during the early voting
period described in paragraph (1)(A) in
accordance with the requirements under
paragraph (1)(B).
``(B) Jurisdiction described.--A jurisdiction is
described in this subparagraph if such jurisdiction--
``(i) had less than 3,000 registered voters
at the time of the most recent prior election
for Federal office; and
``(ii) consists of a geographic area that
is smaller than the jurisdiction of the county
in which such jurisdiction is located.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to limit the availability of additional
temporary voting sites which provide voters more
opportunities to cast their ballots but which do not
meet the requirements of this subsection;
``(B) to limit a polling place from being open for
additional hours outside of the uniform hours set for
the polling location on any day of the early voting
period; or
``(C) to limit a State or jurisdiction from
offering early voting on the Monday before election
day.
``(c) Location of Polling Places.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, each State and jurisdiction shall ensure
that each polling place which allows voting during an early
voting period under subsection (b) is located within walking
distance of a stop on a public transportation route.
``(2) Availability in rural areas.--In the case of a
jurisdiction that includes a rural area, the State or
jurisdiction shall--
``(A) ensure that polling places which allow voting
during an early voting period under subsection (b) will
be located in such rural areas; and
``(B) ensure that such polling places are located
in communities which will provide the greatest
opportunity for residents of rural areas to vote during
the early voting period.
``(3) College campuses.--In the case of a jurisdiction that
includes an institution of higher education, the State or
jurisdiction shall--
``(A) ensure that an appropriate number (not less
than one) of polling places which allow voting during
the early voting period under subsection (b) will be
located on the campus of the institution of higher
education; and
``(B) ensure that such polling places provide the
greatest opportunity for residents of the jurisdiction
to vote.
``(d) Standards.--Not later than June 30, 2022, the Commission
shall issue voluntary standards for the administration of voting during
voting periods which occur prior to the date of a Federal election.
Subject to subsection (c), such voluntary standards shall include the
nondiscriminatory geographic placement of polling places at which such
voting occurs.
``(e) Ballot Processing and Scanning Requirements.--
``(1) In general.--Each State or jurisdiction shall begin
processing and scanning ballots cast during in-person early
voting for tabulation not later than the date that is 14 days
prior to the date of the election involved, except that a State
or jurisdiction may begin processing and scanning ballots cast
during in-person early voting for tabulation after such date if
the date on which the State or jurisdiction begins such
processing and scanning ensures, to the greatest extent
practical, that ballots cast before the date of the election
are processed and scanned before the date of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State or jurisdiction to tabulate
ballots in an election before the closing of the polls
on the date of the election unless such tabulation is a
necessary component of preprocessing in the State or
jurisdiction and is performed in accordance with
existing State law; or
``(B) to permit an official to make public any
results of tabulation and processing before the closing
of the polls on the date of the election.
``(f) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(b) Conforming Amendments Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--Section 321(b) of such Act
(52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b),
is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) except as provided in paragraph (4), in the case of
the recommendations with respect to any section added by the
Freedom to Vote Act, June 30, 2022.''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), section 1103(a), and section 1104(c), is amended--
(1) by redesignating the items relating to sections 310 and
311 as relating to sections 311 and 312, respectively; and
(2) by inserting after the item relating to section 309 the
following new item:
``Sec. 310. Early voting.''.
Subtitle D--Voting by Mail
SEC. 1301. VOTING BY MAIL.
(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1044(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), and section 1201(a),
is amended--
(A) by redesignating sections 311 and 312 as
sections 312 and 313, respectively; and
(B) by inserting after section 310 the following
new section:
``SEC. 311. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) Uniform Availability of Absentee Voting to All Voters.--
``(1) In general.--If an individual in a State is eligible
to cast a vote in an election for Federal office, the State may
not impose any additional conditions or requirements on the
eligibility of the individual to cast the vote in such election
by absentee ballot by mail.
``(2) Administration of voting by mail.--
``(A) Prohibiting identification requirement as
condition of obtaining or casting ballot.--A State may
not require an individual to submit any form of
identifying document as a condition of obtaining or
casting an absentee ballot, except that nothing in this
subparagraph may be construed to prevent a State from
requiring--
``(i) the information required to complete
an application for voter registration for an
election for Federal office under section
303(a)(5)(A), provided that a State may not
deny a voter a ballot or the opportunity to
cast it on the grounds that the voter does not
possess a current and valid driver's license
number or a social security number; or
``(ii) a signature of the individual or
similar affirmation as a condition of obtaining
or casting an absentee ballot.
``(B) Prohibiting faulty matching requirements for
identifying information.--A State may not deny a voter
an absentee ballot or reject an absentee ballot cast by
a voter--
``(i) on the grounds that the voter
provided a different form of identifying
information under subparagraph (A) than the
voter originally provided when registering to
vote or when requesting an absentee ballot; or
``(ii) due to an error in, or omission of,
identifying information required by a State
under subparagraph (A), if such error or
omission is not material to an individual's
eligibility to vote under section 2004(a)(2)(B)
of the Revised Statutes (52 U.S.C.
10101(a)(2)(B)).
``(C) Prohibiting requirement to provide
notarization or witness signature as condition of
obtaining or casting ballot.--A State may not require
notarization or witness signature or other formal
authentication (other than voter attestation) as a
condition of obtaining or casting an absentee ballot,
except that nothing in this subparagraph may be
construed to prohibit a State from enforcing a law
which has a witness signature requirement for a ballot
where a voter oath is attested to with a mark rather
than a voter's signature.
``(3) No effect on identification requirements for first-
time voters registering by mail.--Nothing in this subsection
may be construed to exempt any individual described in
paragraph (1) of section 303(b) from meeting the requirements
of paragraph (2) of such section or to exempt an individual
described in paragraph (5)(A) of section 303(b) from meeting
the requirements of paragraph (5)(B).
``(b) Due Process Requirements for States Requiring Signature
Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a
signature verification requirement as a condition of
accepting and counting a mail-in ballot or absentee
ballot submitted by any individual with respect to an
election for Federal office unless the State meets the
due process requirements described in paragraph (2).
``(B) Signature verification requirement
described.--In this subsection, a `signature
verification requirement' is a requirement that an
election official verify the identification of an
individual by comparing the individual's signature on
the mail-in ballot or absentee ballot with the
individual's signature on the official list of
registered voters in the State or another official
record or other document used by the State to verify
the signatures of voters.
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits a mail-in ballot
or an absentee ballot and the appropriate State or
local election official determines that a discrepancy
exists between the signature on such ballot and the
signature of such individual on the official list of
registered voters in the State or other official record
or document used by the State to verify the signatures
of voters, such election official, prior to making a
final determination as to the validity of such ballot,
shall--
``(i) as soon as practical, but no later
than the next business day after such
determination is made, make a good faith effort
to notify the individual by mail, telephone,
and (if available) text message and electronic
mail that--
``(I) a discrepancy exists between
the signature on such ballot and the
signature of the individual on the
official list of registered voters in
the State or other official record or
document used by the State to verify
the signatures of voters; and
``(II) if such discrepancy is not
cured prior to the expiration of the
third day following the State's
deadline for receiving mail-in ballots
or absentee ballots, such ballot will
not be counted; and
``(ii) cure such discrepancy and count the
ballot if, prior to the expiration of the third
day following the State's deadline for
receiving mail-in ballots or absentee ballots,
the individual provides the official with
information to cure such discrepancy, either in
person, by telephone, or by electronic methods.
``(B) Notice and opportunity to cure missing
signature or other defect.--If an individual submits a
mail-in ballot or an absentee ballot without a
signature or submits a mail-in ballot or an absentee
ballot with another defect which, if left uncured,
would cause the ballot to not be counted, the
appropriate State or local election official, prior to
making a final determination as to the validity of the
ballot, shall--
``(i) as soon as practical, but no later
than the next business day after such
determination is made, make a good faith effort
to notify the individual by mail, telephone,
and (if available) text message and electronic
mail that--
``(I) the ballot did not include a
signature or has some other defect; and
``(II) if the individual does not
provide the missing signature or cure
the other defect prior to the
expiration of the third day following
the State's deadline for receiving
mail-in ballots or absentee ballots,
such ballot will not be counted; and
``(ii) count the ballot if, prior to the
expiration of the third day following the
State's deadline for receiving mail-in ballots
or absentee ballots, the individual provides
the official with the missing signature on a
form proscribed by the State or cures the other
defect.
This subparagraph does not apply with respect to a
defect consisting of the failure of a ballot to meet
the applicable deadline for the acceptance of the
ballot, as described in subsection (e).
``(C) Other requirements.--
``(i) In general.--An election official may
not make a determination that a discrepancy
exists between the signature on a mail-in
ballot or an absentee ballot and the signature
of the individual who submits the ballot on the
official list of registered voters in the State
or other official record or other document used
by the State to verify the signatures of voters
unless--
``(I) at least 2 election officials
make the determination;
``(II) each official who makes the
determination has received training in
procedures used to verify signatures;
and
``(III) of the officials who make
the determination, at least one is
affiliated with the political party
whose candidate received the most votes
in the most recent statewide election
for Federal office held in the State
and at least one is affiliated with the
political party whose candidate
received the second most votes in the
most recent statewide election for
Federal office held in the State.
``(ii) Exception.--Clause (i)(III) shall
not apply to any State in which, under a law
that is in effect continuously on and after the
date of enactment of this section,
determinations regarding signature
discrepancies are made by election officials
who are not affiliated with a political party.
``(3) Report.--
``(A) In general.--Not later than 120 days after
the end of a Federal election cycle, each chief State
election official shall submit to the Commission a
report containing the following information for the
applicable Federal election cycle in the State:
``(i) The number of ballots invalidated due
to a discrepancy under this subsection.
``(ii) Description of attempts to contact
voters to provide notice as required by this
subsection.
``(iii) Description of the cure process
developed by such State pursuant to this
subsection, including the number of ballots
determined valid as a result of such process.
``(B) Submission to congress.--Not later than 10
days after receiving a report under subparagraph (A),
the Commission shall transmit such report to Congress.
``(C) Federal election cycle defined.--For purposes
of this subsection, the term `Federal election cycle'
means, with respect to any regularly scheduled election
for Federal office, the period beginning on the day
after the date of the preceding regularly scheduled
general election for Federal office and ending on the
date of such regularly scheduled general election.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit a State from rejecting a ballot
attempted to be cast in an election for Federal office
by an individual who is not eligible to vote in the
election; or
``(B) to prohibit a State from providing an
individual with more time and more methods for curing a
discrepancy in the individual's signature, providing a
missing signature, or curing any other defect than the
State is required to provide under this subsection.
``(c) Applications for Absentee Ballots.--
``(1) In general.--In addition to such other methods as the
State may establish for an individual to apply for an absentee
ballot, each State shall permit an individual to submit an
application for an absentee ballot online.
``(2) Treatment of websites.--A State shall be considered
to meet the requirements of paragraph (1) if the website of the
appropriate State or local election official allows an
application for an absentee ballot to be completed and
submitted online and if the website permits the individual--
``(A) to print the application so that the
individual may complete the application and return it
to the official; or
``(B) to request that a paper copy of the
application be transmitted to the individual by mail or
electronic mail so that the individual may complete the
application and return it to the official.
``(3) Ensuring delivery prior to election.--
``(A) In general.--If an individual who is eligible
to vote in an election for Federal office submits an
application for an absentee ballot in the election and
such application is received by the appropriate State
or local election official not later than 13 days
(excluding Saturdays, Sundays, and legal public
holidays) before the date of the election, the election
official shall ensure that the ballot and related
voting materials are promptly mailed to the individual.
``(B) Applications received close to election
day.--If an individual who is eligible to vote in an
election for Federal office submits an application for
an absentee ballot in the election and such application
is received by the appropriate State or local election
official after the date described in subparagraph (A)
but not later than 7 days (excluding Saturdays,
Sundays, and legal public holidays) before the date of
the election, the election official shall, to the
greatest extent practical, ensure that the ballot and
related voting materials are mailed to the individual
within 1 business day of the receipt of the
application.
``(C) Rule of construction.--Nothing in this
paragraph shall preclude a State or local jurisdiction
from allowing for the acceptance and processing of
absentee ballot applications submitted or received
after the date described in subparagraph (B).
``(4) Application for all future elections.--
``(A) In general.--At the option of an individual,
the individual's application to vote by absentee ballot
by mail in an election for Federal office shall be
treated as an application for an absentee ballot by
mail in all subsequent elections for Federal office
held in the State.
``(B) Duration of treatment.--
``(i) In general.--In the case of an
individual who is treated as having applied for
an absentee ballot for all subsequent elections
for Federal office held in the State under
subparagraph (A), such treatment shall remain
effective until the earlier of such time as--
``(I) the individual is no longer
registered to vote in the State; or
``(II) the individual provides an
affirmative written notice revoking
such treatment.
``(ii) Prohibition on revocation based on
failure to vote.--The treatment of an
individual as having applied for an absentee
ballot for all subsequent elections held in the
State under subparagraph (A) shall not be
revoked on the basis that the individual has
not voted in an election.
``(d) Accessibility for Individuals With Disabilities.--Each State
shall ensure that all absentee ballot applications, absentee ballots,
and related voting materials in elections for Federal office are
accessible to individuals with disabilities in a manner that provides
the same opportunity for access and participation (including with
privacy and independence) as for other voters.
``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
``(1) In general.--A State or local election official may
not refuse to accept or process a ballot submitted by an
individual by mail with respect to an election for Federal
office in the State on the grounds that the individual did not
meet a deadline for returning the ballot to the appropriate
State or local election official if--
``(A) the ballot is postmarked or otherwise
indicated by the United States Postal Service to have
been mailed on or before the date of the election, or
has been signed by the voter on or before the date of
the election; and
``(B) the ballot is received by the appropriate
election official prior to the expiration of the 7-day
period which begins on the date of the election.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a State from having a law that
allows for counting of ballots in an election for Federal
office that are received through the mail after the date that
is 7 days after the date of the election.
``(f) Alternative Methods of Returning Ballots.--In addition to
permitting an individual to whom a ballot in an election was provided
under this section to return the ballot to an election official by
mail, each State shall permit the individual to cast the ballot by
delivering the ballot at such times and to such locations as the State
may establish, including--
``(1) permitting the individual to deliver the ballot to a
polling place within the jurisdiction in which the individual
is registered or otherwise eligible to vote on any date on
which voting in the election is held at the polling place; and
``(2) permitting the individual to deliver the ballot to a
designated ballot drop-off location, a tribally designated
building, or the office of a State or local election official.
``(g) Ballot Processing and Scanning Requirements.--
``(1) In general.--Each State or jurisdiction shall begin
processing and scanning ballots cast by mail for tabulation not
later than the date that is 14 days prior to the date of the
election involved, except that a State may begin processing and
scanning ballots cast by mail for tabulation after such date if
the date on which the State begins such processing and scanning
ensures, to the greatest extent practical, that ballots cast
before the date of the election are processed and scanned
before the date of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State to tabulate ballots in an
election before the closing of the polls on the date of
the election unless such tabulation is a necessary
component of preprocessing in the State and is
performed in accordance with existing State law; or
``(B) to permit an official to make public any
results of tabulation and processing before the closing
of the polls on the date of the election.
``(h) Prohibiting Restrictions on Distribution of Absentee Ballot
Applications by Third Parties.--A State may not prohibit any person
from providing an application for an absentee ballot in the election to
any individual who is eligible to vote in the election.
``(i) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of States to conduct elections for
Federal office through the use of polling places at which individuals
cast ballots.
``(j) No Effect on Ballots Submitted by Absent Military and
Overseas Voters.--Nothing in this section may be construed to affect
the treatment of any ballot submitted by an individual who is entitled
to vote by absentee ballot under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.).
``(k) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(2) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c), and
section 1201(c), is amended--
(A) by redesignating the items relating to sections
311 and 312 as relating to sections 312 and 313,
respectively; and
(B) by inserting after the item relating to section
310 the following new item:
``Sec. 311. Promoting ability of voters to vote by mail.''.
(b) Same-day Processing of Absentee Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding at the end the following:
``Sec. 3407. Same-day processing of ballots
``(a) In General.--The Postal Service shall ensure, to the maximum
extent practicable, that any ballot carried by the Postal Service is
processed by and cleared from any postal facility or post office on the
same day that the ballot is received by that facility or post office.
``(b) Definitions.--As used in this section--
``(1) the term `ballot' means any ballot transmitted by a
voter by mail in an election for Federal office, but does not
include any ballot covered by section 3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, is
amended by adding at the end the following:
``3407. Same-day processing of ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after January 1, 2022.
(c) Development of Alternative Verification Methods.--
(1) Development of standards.--The National Institute of
Standards, in consultation with the Election Assistance
Commission, shall develop standards for the use of alternative
methods which could be used in place of signature verification
requirements for purposes of verifying the identification of an
individual voting by mail-in or absentee ballot in elections
for Federal office.
(2) Public notice and comment.--The National Institute of
Standards shall solicit comments from the public in the
development of standards under paragraph (1).
(3) Deadline.--Not later than 2 years after the date of the
enactment of this Act, the National Institute of Standards
shall publish the standards developed under paragraph (1).
SEC. 1302. BALLOTING MATERIALS TRACKING PROGRAM.
(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1044(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), section 1201(a), and
section 1301(a), is amended--
(A) by redesignating sections 312 and 313 as
sections 313 and 314, respectively; and
(B) by inserting after section 311 the following
new section:
``SEC. 312. BALLOT MATERIALS TRACKING PROGRAM.
``(a) Requirement.--Each State shall carry out a program to track
and confirm the receipt of mail-in ballots and absentee ballots in an
election for Federal office under which the State or local election
official responsible for the receipt of such voted ballots in the
election carries out procedures to track and confirm the receipt of
such ballots, and makes information on the receipt of such ballots
available to the individual who cast the ballot.
``(b) Means of Carrying Out Program.--A State may meet the
requirements of subsection (a)--
``(1) through a program--
``(A) which is established by the State;
``(B) under which the State or local election
official responsible for the receipt of voted mail-in
ballots and voted absentee ballots in the election--
``(i) carries out procedures to track and
confirm the receipt of such ballots; and
``(ii) makes information on the receipt of
such ballots available to the individual who
cast the ballot; and
``(C) which meets the requirements of subsection
(c); or
``(2) through the ballot materials tracking service
established under section 1302(b) of the Freedom to Vote Act.
``(c) State Program Requirements.--The requirements of this
subsection are as follows:
``(1) Information on whether vote was accepted.--The
information referred to under subsection (b)(1)(B)(ii) with
respect to the receipt of mail-in ballot or an absentee ballot
shall include information regarding whether the vote cast on
the ballot was accepted, and, in the case of a vote which was
rejected, the reasons therefor.
``(2) Availability of information.--Information on whether
a ballot was accepted or rejected shall be available within 1
business day of the State accepting or rejecting the ballot.
``(3) Accessibility of information.--
``(A) In general.--Except as provided under
subparagraph (B), the information provided under the
program shall be available by means of online access
using the internet site of the State or local election
office.
``(B) Use of toll-free telephone number by
officials without internet site.--In the case of a
State or local election official whose office does not
have an internet site, the program shall require the
official to establish a toll-free telephone number that
may be used by an individual who cast an absentee
ballot to obtain the information required under
subsection (b)(1)(B).
``(d) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2024 and each succeeding election for Federal office.''.
(2) Conforming amendments.--Section 102 of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a))
is amended by striking subsection (h) and redesignating
subsection (i) as subsection (h).
(b) Balloting Materials Tracking Service.--
(1) In general.--Not later than January 1, 2024, the
Secretary of Homeland Security, in consultation with the Chair
of the Election Assistance Commission, the Postmaster General,
the Director of the General Services Administration, the
Presidential designee, and State election officials, shall
establish a balloting materials tracking service to be used by
State and local jurisdictions to inform voters on the status of
voter registration applications, absentee ballot applications,
absentee ballots, and mail-in ballots.
(2) Information tracked.--The balloting materials tracking
service established under paragraph (1) shall provide to a
voter the following information with respect to that voter:
(A) In the case of balloting materials sent by
mail, tracking information from the United States
Postal Service and the Presidential designee on
balloting materials sent to the voter and, to the
extent feasible, returned by the voter.
(B) The date on which any request by the voter for
an application for voter registration or an absentee
ballot was received.
(C) The date on which any such requested
application was sent to the voter.
(D) The date on which any such completed
application was received from the voter and the status
of such application.
(E) The date on which any mail-in ballot or
absentee ballot was sent to the voter.
(F) The date on which any mail-in ballot or
absentee ballot was out for delivery to the voter.
(G) The date on which the post office processes the
ballot.
(H) The date on which the returned ballot was out
for delivery to the election office.
(I) Whether such ballot was accepted and counted,
and in the case of any ballot not counted, the reason
why the ballot was not counted.
The information described in subparagraph (I) shall be
available not later than 1 day after a determination is made on
whether or not to accept and count the ballot.
(3) Method of providing information.--The balloting
materials tracking service established under paragraph (1)
shall allow voters the option to receive the information
described in paragraph (2) through email (or other electronic
means) or through the mail.
(4) Public availability of limited information.--
Information described in subparagraphs (E), (G), and (I) of
paragraph (2) shall be made available to political parties and
political organizations, free of charge, for use, in accordance
with State guidelines and procedures, in helping to return or
cure mail-in ballots during any period in which mail-in ballots
may be returned.
(5) Prohibition on fees.--The Director may not charge any
fee to a State or jurisdiction for use of the balloting
materials tracking service in connection with any Federal,
State, or local election.
(6) Presidential designee.--For purposes of this
subsection, the term ``Presidential designee'' means the
Presidential designee under section 101(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 30201).
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Director such sums as are necessary
for purposes of carrying out this subsection.
(c) Reimbursement for Costs Incurred by States in Establishing
Program.--Subtitle D of title II of the Help America Vote Act of 2002
(42 U.S.C. 15401 et seq.) is amended by adding at the end the following
new part:
``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS
``SEC. 297. PAYMENTS TO STATES.
``(a) Payments for Costs of Program.--In accordance with this
section, the Commission shall make a payment to a State to reimburse
the State for the costs incurred in establishing the absentee ballot
tracking program under section 312(b)(1) (including costs incurred
prior to the date of the enactment of this part).
``(b) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission a statement containing--
``(A) a certification that the State has
established an absentee ballot tracking program with
respect to elections for Federal office held in the
State; and
``(B) a statement of the costs incurred by the
State in establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State
which are responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may
not receive more than one payment under this part.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to
the Commission for fiscal year 2022 and each succeeding fiscal year
such sums as may be necessary for payments under this part.
``(b) Continuing Availability of Funds.--Any amounts appropriated
pursuant to the authorization under this section shall remain available
until expended.''.
(d) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), 1044(b), section 1101(c), section 1102(c),
section 1103(a), section 1104(c), section 1201(c), and section 1301(a),
is amended--
(1) by adding at the end of the items relating to subtitle
D of title II the following:
``PART 7--Payments to Reimburse States for Costs Incurred in
Establishing Program to Track and Confirm Receipt of Absentee Ballots
``Sec. 297. Payments to states.
``Sec. 297A. Authorization of appropriations.'';
(2) by redesignating the items relating to sections 312 and
313 as relating to sections 313 and 314, respectively; and
(3) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Absentee ballot tracking program.''.
SEC. 1303. ELECTION MAIL AND DELIVERY IMPROVEMENTS.
(a) Postmark Required for Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, as amended by section 1301(b), is amended by adding at
the end the following:
``Sec. 3408. Postmark required for ballots
``(a) In General.--In the case of any absentee ballot carried by
the Postal Service, the Postal Service shall indicate on the ballot
envelope, using a postmark or otherwise--
``(1) the fact that the ballot was carried by the Postal
Service; and
``(2) the date on which the ballot was mailed.
``(b) Definitions.--As used in this section--
``(1) the term `absentee ballot' means any ballot
transmitted by a voter by mail in an election for Federal
office, but does not include any ballot covered by section
3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, as
amended by section 1301(b), is amended by adding at the end the
following:
``3408. Postmark required for ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after January 1, 2022.
(b) Greater Visibility for Ballots.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1044(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), section 1201(a),
section 1301(a), and section 1302(a), is amended--
(A) by redesignating sections 313 and 314 as
sections 314 and 315, respectively; and
(B) by inserting after section 312 the following
new section:
``SEC. 313. BALLOT VISIBILITY.
``(a) In General.--Each State or local election official shall--
``(1) affix Tag 191, Domestic and International Mail-In
Ballots (or any successor tag designated by the United States
Postal Service), to any tray or sack of official ballots
relating to an election for Federal office that is destined for
a domestic or international address;
``(2) use the Official Election Mail logo to designate
official ballots relating to an election for Federal office
that is destined for a domestic or international address; and
``(3) if an intelligent mail barcode is utilized for any
official ballot relating to an election for Federal office that
is destined for a domestic or international address, ensure the
specific ballot service type identifier for such mail is
visible.
``(b) Effective Date.--The requirements of this section shall apply
to elections for Federal office occurring on and after January 1,
2022.''.
(2) Voluntary guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section 1101(b)
and as amended by sections 1102, 1103 and 1104, is amended by
striking ``and 309'' and inserting ``309, and 313''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), and section 1302(a), is
amended--
(A) by redesignating the items relating to sections
313 and 314 as relating to sections 314 and 315; and
(B) by inserting after the item relating to section
312 the following new item:
``Sec. 313. Ballot visibility.''.
SEC. 1304. CARRIAGE OF ELECTION MAIL.
(a) Treatment of Election Mail.--
(1) Treatment as first-class mail; free postage.--Chapter
34 of title 39, United States Code, as amended by section
1301(b) and section 1303(a), is amended by adding at the end
the following:
``Sec. 3409. Domestic election mail; restriction of operational changes
prior to elections
``(a) Definition.--In this section, the term `election mail'
means--
``(1) a blank or completed voter registration application
form, voter registration card, or similar materials, relating
to an election for Federal office;
``(2) a blank or completed absentee and other mail-in
ballot application form, and a blank or completed absentee or
other mail-in ballot, relating to an election for Federal
office, and
``(3) other materials relating to an election for Federal
office that are mailed by a State or local election official to
an individual who is registered to vote.
``(b) Carriage of Election Mail.--Election mail (other than
balloting materials covered under section 3406 (relating to the
Uniformed and Overseas Absentee Voting Act)), individually or in bulk,
shall be carried in accordance with the service standards established
for first-class mail under section 3691.
``(c) No Postage Required for Completed Ballots.--Completed
absentee or other mail-in ballots (other than balloting materials
covered under section 3406 (relating to the Uniformed and Overseas
Absentee Voting Act)) shall be carried free of postage.
``(d) Restriction of Operational Changes.--During the 120-day
period which ends on the date of an election for Federal office, the
Postal Service may not carry out any new operational change that would
restrict the prompt and reliable delivery of election mail. This
subsection applies to operational changes which include--
``(1) removing or eliminating any mail collection box
without immediately replacing it; and
``(2) removing, decommissioning, or any other form of
stopping the operation of mail sorting machines, other than for
routine maintenance.
``(e) Election Mail Coordinator.--The Postal Service shall appoint
an Election Mail Coordinator at each area office and district office to
facilitate relevant information sharing with State, territorial, local,
and Tribal election officials in regards to the mailing of election
mail.''.
(2) Reimbursement of postal service for revenue forgone.--
Section 2401(c) of title 39, United States Code, is amended by
striking ``sections 3217 and 3403 through 3406'' and inserting
``sections 3217, 3403 through 3406, and 3409''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 34 of title 39, United States Code, as amended by section
1301(b) and section 1303(a), is amended by adding at the end the
following:
``3409. Domestic election mail; restriction of operational changes
prior to elections.''.
(c) Effective Date.--The amendments made by this section shall
apply to election mail relating to an election for Federal office
occurring on or after January 1, 2022.
SEC. 1305. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED
BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.
(a) Requirement.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), section 1101(a), section 1102(a), section 1103(a),
section 1104(a), section 1201(a), section 1301(a), section 1302(a), and
section 1303(b) is amended--
(1) by redesignating sections 314 and 315 as sections 315
and 316, respectively; and
(2) by inserting after section 313 the following new
section:
``SEC. 314. USE OF SECURED DROP BOXES FOR VOTED BALLOTS.
``(a) Requiring Use of Drop Boxes.--Each jurisdiction shall provide
in-person, secured, and clearly labeled drop boxes at which individuals
may, at any time during the period described in subsection (b), drop
off voted ballots in an election for Federal office.
``(b) Minimum Period for Availability of Drop Boxes.--The period
described in this subsection is, with respect to an election, the
period which begins on the first day on which the jurisdiction sends
mail-in ballots or absentee ballots (other than ballots for absent
uniformed overseas voters (as defined in section 107(1) of the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20310(1))) or overseas voters (as defined in section 107(5) of such Act
(52 U.S.C. 20310(5)))) to voters for such election and which ends at
the time the polls close for the election in the jurisdiction involved.
``(c) Accessibility.--
``(1) Hours of access.--
``(A) In general.--Except as provided in
subparagraph (B), each drop box provided under this
section shall be accessible to voters for a reasonable
number of hours each day.
``(B) 24-hour drop boxes.--
``(i) In general.--Of the number of drop
boxes provided in any jurisdiction, not less
the required number shall be accessible for 24-
hours per day during the period described in
subsection (b).
``(ii) Required number.--The required
number is the greater of--
``(I) 25 percent of the drop boxes
required under subsection (d); or
``(II) 1 drop box.
``(2) Population.--
``(A) In general.--Drop boxes provided under this
section shall be accessible for use--
``(i) by individuals with disabilities, as
determined in consultation with the protection
and advocacy systems (as defined in section 102
of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42 U.S.C.
15002)) of the State;
``(ii) by individuals with limited
proficiency in the English language; and
``(iii) by homeless individuals (as defined
in section 103 of the McKinney-Vento Homeless
Assistance Act(42 U.S.C. 11302)) within the
State.
``(B) Determination of accessibility for
individuals with disabilities.--For purposes of this
paragraph, drop boxes shall be considered to be
accessible for use by individuals with disabilities if
the drop boxes meet such criteria as the Attorney
General may establish for such purposes.
``(C) Rule of construction.--If a drop box provided
under this section is on the grounds of or inside a
building or facility which serves as a polling place
for an election during the period described in
subsection (b), nothing in this subsection may be
construed to waive any requirements regarding the
accessibility of such polling place for the use of
individuals with disabilities, individuals with limited
proficiency in the English language, or homeless
individuals.
``(d) Number of Drop Boxes.--Each jurisdiction shall have--
``(1) in the case of any election for Federal office prior
to the regularly scheduled general election for Federal office
held in November 2024, not less than 1 drop box for every
45,000 registered voters located in the jurisdiction; and
``(2) in the case of the regularly scheduled general
election for Federal office held in November 2024 and each
election for Federal office occurring thereafter, not less than
the greater of--
``(A) 1 drop box for every 45,000 registered voters
located in the jurisdiction; or
``(B) 1 drop box for every 15,000 votes that were
cast by mail in the jurisdiction in the most recent
general election that includes an election for the
office of President.
In no case shall a jurisdiction have less than 1 drop box for
any election for Federal office.
``(e) Location of Drop Boxes.--The State shall determine the
location of drop boxes provided under this section in a jurisdiction on
the basis of criteria which ensure that the drop boxes are--
``(1) available to all voters on a non-discriminatory
basis;
``(2) accessible to voters with disabilities (in accordance
with subsection (c));
``(3) accessible by public transportation to the greatest
extent possible;
``(4) available during all hours of the day;
``(5) sufficiently available in all communities in the
jurisdiction, including rural communities and on Tribal lands
within the jurisdiction (subject to subsection (f)); and
``(6) geographically distributed to provide a reasonable
opportunity for voters to submit their voted ballot in a timely
manner.
``(f) Rules for Drop Boxes on Tribal Lands.--In making a
determination of the number and location of drop boxes provided under
this section on Tribal lands in a jurisdiction, the appropriate State
and local election officials shall--
``(1) consult with Tribal leaders prior to making the
determination; and
``(2) take into account criteria such as the availability
of direct-to-door residential mail delivery, the distance and
time necessary to travel to the drop box locations (including
in inclement weather), modes of transportation available,
conditions of roads, and the availability (if any) of public
transportation.
``(g) Timing of Scanning and Processing of Ballots.--For purposes
of section 311(g) (relating to the timing of the processing and
scanning of ballots for tabulation), a vote cast using a drop box
provided under this section shall be treated in the same manner as a
ballot cast by mail.
``(h) Posting of Information.--On or adjacent to each drop box
provided under this section, the State shall post information on the
requirements that voted absentee ballots must meet in order to be
counted and tabulated in the election.
``(i) Remote Surveillance.--Nothing in this section shall prohibit
a State from providing for the security of drop boxes through remote or
electronic surveillance.
``(j) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(b) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), section 1103(a), section 1104(c), section 1201(c), section
1301(c), section 1302(a), and section 1303(b), is amended--
(1) by redesignating the items relating to sections 314 and
315 as relating to sections 315 and 316, respectively; and
(2) by inserting after the item relating to section 313 the
following new item:
``Sec. 314. Use of secured drop boxes for voted absentee ballots.''.
Subtitle E--Absent Uniformed Services Voters and Overseas Voters
SEC. 1401. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF
ABSENTEE BALLOTS.
Section 102(c) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20302(c)) is amended to read as follows:
``(c) Reports on Availability, Transmission, and Receipt of
Absentee Ballots.--
``(1) Pre-election report on absentee ballot
availability.--Not later than 55 days before any regularly
scheduled general election for Federal office, each State shall
submit a report to the Attorney General certifying that
absentee ballots for the election are or will be available for
transmission to absent uniformed services voters and overseas
voters by not later than 46 days before the election. The
report shall be in a form prescribed by the Attorney General
and shall require the State to certify specific information
about ballot availability from each unit of local government
which will administer the election.
``(2) Pre-election report on absentee ballots
transmitted.--
``(A) In general.--Not later than 43 days before
any election for Federal office held in a State, the
chief State election official of such State shall
submit a report containing the information in
subparagraph (B) to the Attorney General.
``(B) Information reported.--The report under
subparagraph (A) shall consist of the following:
``(i) The total number of absentee ballots
validly requested by absent uniformed services
voters and overseas voters whose requests were
received by the 47th day before the election by
each unit of local government within the State
that will transmit absentee ballots.
``(ii) The total number of ballots
transmitted to such voters by the 46th day
before the election by each unit of local
government within the State that will
administer the election.
``(iii) Specific information about any late
transmitted ballots.
``(C) Requirement to supplement incomplete
information.--If the report under subparagraph (A) has
incomplete information on any items required to be
included in the report, the chief State election
official shall make all reasonable efforts to
expeditiously supplement the report with complete
information.
``(D) Format.--The report under subparagraph (A)
shall be in a format prescribed by the Attorney General
in consultation with the chief State election officials
of each State.
``(3) Post-election report on number of absentee ballots
transmitted and received.--Not later than 90 days after the
date of each regularly scheduled general election for Federal
office, each State and unit of local government which
administered the election shall (through the State, in the case
of a unit of local government) submit a report to the Election
Assistance Commission on the combined number of absentee
ballots transmitted to absent uniformed services voters and
overseas voters for the election and the combined number of
such ballots which were returned by such voters and cast in the
election, and shall make such report available to the general
public that same day.''.
SEC. 1402. ENFORCEMENT.
(a) Availability of Civil Penalties and Private Rights of Action.--
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20307) is amended to read as follows:
``SEC. 105. ENFORCEMENT.
``(a) Action by Attorney General.--The Attorney General may bring
civil action in an appropriate district court for such declaratory or
injunctive relief as may be necessary to carry out this title.
``(b) Private Right of Action.--A person who is aggrieved by a
violation of this title may bring a civil action in an appropriate
district court for such declaratory or injunctive relief as may be
necessary to carry out this title.
``(c) State as Only Necessary Defendant.--In any action brought
under this section, the only necessary party defendant is the State,
and it shall not be a defense to any such action that a local election
official or a unit of local government is not named as a defendant,
notwithstanding that a State has exercised the authority described in
section 576 of the Military and Overseas Voter Empowerment Act to
delegate to another jurisdiction in the State any duty or
responsibility which is the subject of an action brought under this
section.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations alleged to have occurred on or after
the date of the enactment of this Act.
SEC. 1403. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION.
(a) In General.--Paragraph (8) of section 102(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)) is
amended to read as follows:
``(8) transmit a validly requested absentee ballot to an
absent uniformed services voter or overseas voter by the date
and in the manner determined under subsection (g);''.
(b) Ballot Transmission Requirements and Repeal of Waiver
Provision.--Subsection (g) of section 102 of such Act (52 U.S.C.
20302(g)) is amended to read as follows:
``(g) Ballot Transmission Requirements.--
``(1) In general.--For purposes of subsection (a)(8), in
the case in which a valid request for an absentee ballot is
received at least 47 days before an election for Federal
office, the following rules shall apply:
``(A) Transmission deadline.--The State shall
transmit the absentee ballot not later than 46 days
before the election.
``(B) Special rules in case of failure to transmit
on time.--
``(i) In general.--If the State fails to
transmit any absentee ballot by the 46th day
before the election as required by subparagraph
(A) and the absent uniformed services voter or
overseas voter did not request electronic
ballot transmission pursuant to subsection (f),
the State shall transmit such ballot by express
delivery.
``(ii) Extended failure.--If the State
fails to transmit any absentee ballot by the
41st day before the election, in addition to
transmitting the ballot as provided in clause
(i), the State shall--
``(I) in the case of absentee
ballots requested by absent uniformed
services voters with respect to
regularly scheduled general elections,
notify such voters of the procedures
established under section 103A for the
collection and delivery of marked
absentee ballots; and
``(II) in any other case, provide
for the return of such ballot by
express delivery.
``(iii) Cost of express delivery.--In any
case in which express delivery is required
under this subparagraph, the cost of such
express delivery--
``(I) shall not be paid by the
voter; and
``(II) if determined appropriate by
the chief State election official, may
be required by the State to be paid by
a local jurisdiction.
``(iv) Exception.--Clause (ii)(II) shall
not apply when an absent uniformed services
voter or overseas voter indicates the
preference to return the late sent absentee
ballot by electronic transmission in a State
that permits return of an absentee ballot by
electronic transmission.
``(v) Enforcement.--A State's compliance
with this subparagraph does not bar the
Attorney General from seeking additional
remedies necessary to fully resolve or prevent
ongoing, future, or systematic violations of
this provision or to effectuate the purposes of
this Act.
``(C) Special procedure in event of disaster.--If a
disaster (hurricane, tornado, earthquake, storm,
volcanic eruption, landslide, fire, flood, or
explosion), or an act of terrorism prevents the State
from transmitting any absentee ballot by the 46th day
before the election as required by subparagraph (A),
the chief State election official shall notify the
Attorney General as soon as practicable and take all
actions necessary, including seeking any necessary
judicial relief, to ensure that affected absent
uniformed services voters and overseas voters are
provided a reasonable opportunity to receive and return
their absentee ballots in time to be counted.
``(2) Requests received after 47th day before election.--
For purposes of subsection (a)(8), in the case in which a valid
request for an absentee ballot is received less than 47 days
but not less than 30 days before an election for Federal
office, the State shall transmit the absentee ballot within one
business day of receipt of the request.''.
SEC. 1404. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT
ELECTIONS.
(a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows:
``SEC. 104. TREATMENT OF BALLOT REQUESTS.
``(a) In General.--If a State accepts and processes an official
post card form (prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter for simultaneous voter
registration and absentee ballot application (in accordance with
section 102(a)(4)) and the voter requests that the application be
considered an application for an absentee ballot for each subsequent
election for Federal office held in the State through the end of the
calendar year following the next regularly scheduled general election
for Federal office, the State shall provide an absentee ballot to the
voter for each such subsequent election.
``(b) Exception for Voters Changing Registration.--Subsection (a)
shall not apply with respect to a voter registered to vote in a State
for any election held after the voter notifies the State that the voter
no longer wishes to be registered to vote in the State or after the
State determines that the voter has registered to vote in another State
or is otherwise no longer eligible to vote in the State.
``(c) Prohibition of Refusal of Application on Grounds of Early
Submission.--A State may not refuse to accept or to process, with
respect to any election for Federal office, any otherwise valid voter
registration application or absentee ballot application (including the
postcard form prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter on the grounds that the
voter submitted the application before the first date on which the
State otherwise accepts or processes such applications for that
election which are submitted by absentee voters who are not members of
the uniformed services or overseas citizens.''.
(b) Requirement for Revision to Postcard Form.--
(1) In general.--The Presidential designee shall ensure
that the official postcard form prescribed under section
101(b)(2) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301(b)(2)) enables a voter using the
form to--
(A) request an absentee ballot for each election
for Federal office held in a State through the end of
the calendar year following the next regularly
scheduled general election for Federal office; or
(B) request an absentee ballot for a specific
election or elections for Federal office held in a
State during the period described in subparagraph (A).
(2) Presidential designee.--For purposes of this paragraph,
the term ``Presidential designee'' means the individual
designated under section 101(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20301(a)).
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to voter registration and absentee ballot
applications which are submitted to a State or local election official
on or after the date of the enactment of this Act.
SEC. 1405. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO
FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL.
Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20302), as amended by section 1302, is amended by adding
at the end the following new subsection:
``(i) Guarantee of Residency for Spouses and Dependents of Absent
Members of Uniformed Service.--For the purposes of voting in any
election for any Federal office or any State or local office, a spouse
or dependent of an individual who is an absent uniformed services voter
described in subparagraph (A) or (B) of section 107(1) shall not,
solely by reason of that individual's absence and without regard to
whether or not such spouse or dependent is accompanying that
individual--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not that individual
intends to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''.
SEC. 1406. TECHNICAL CLARIFICATIONS TO CONFORM TO MILITARY AND OVERSEAS
VOTER EMPOWERMENT ACT AMENDMENTS RELATED TO THE FEDERAL
WRITE-IN ABSENTEE BALLOT.
(a) In General.--Section 102(a)(3) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3)) is amended by
striking ``general elections'' and inserting ``general, special,
primary, and runoff elections''.
(b) Conforming Amendment.--Section 103 of such Act (52 U.S.C.
20303) is amended--
(1) in subsection (b)(2)(B), by striking ``general''; and
(2) in the heading thereof, by striking ``general''.
SEC. 1407. TREATMENT OF POST CARD REGISTRATION REQUESTS.
Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20302), as amended by sections 1302 and 1405, is amended
by adding at the end the following new subsection:
``(j) Treatment of Post Card Registrations.--A State shall not
remove any absent uniformed services voter or overseas voter who has
registered to vote using the official post card form (prescribed under
section 101) from the official list of registered voters except in
accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the
National Voter Registration Act of 1993 (52 U.S.C. 20507).''.
SEC. 1408. PRESIDENTIAL DESIGNEE REPORT ON VOTER DISENFRANCHISEMENT.
(a) In General.--Not later than 1 year of enactment of this Act,
the Presidential designee shall submit to Congress a report on the
impact of wide-spread mail-in voting on the ability of active duty
military servicemembers to vote, how quickly their votes are counted,
and whether higher volumes of mail-in votes makes it harder for such
individuals to vote in elections for Federal elections.
(b) Presidential Designee.--For purposes of this section, the term
``Presidential designee'' means the individual designated under section
101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301(a)).
SEC. 1409. EFFECTIVE DATE.
Except as provided in section 1402(b) and section 1404(c), the
amendments made by this subtitle shall apply with respect to elections
occurring on or after January 1, 2022.
Subtitle F--Enhancement of Enforcement
SEC. 1501. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.
(a) Complaints; Availability of Private Right of Action.--Section
401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended--
(1) by striking ``The Attorney General'' and inserting
``(a) In General.--The Attorney General''; and
(2) by adding at the end the following new subsections:
``(b) Filing of Complaints by Aggrieved Persons.--A person who is
aggrieved by a violation of title III which has occurred, is occurring,
or is about to occur may file a written, signed, notarized complaint
with the Attorney General describing the violation and requesting the
Attorney General to take appropriate action under this section. The
Attorney General shall immediately provide a copy of a complaint filed
under the previous sentence to the entity responsible for administering
the State-based administrative complaint procedures described in
section 402(a) for the State involved.
``(c) Availability of Private Right of Action.--Any person who is
authorized to file a complaint under subsection (b) (including any
individual who seeks to enforce the individual's right to a voter-
verifiable paper ballot, the right to have the voter-verifiable paper
ballot counted in accordance with this Act, or any other right under
title III) may file an action under section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983) to enforce the uniform
and nondiscriminatory election technology and administration
requirements under subtitle A of title III.
``(d) No Effect on State Procedures.--Nothing in this section may
be construed to affect the availability of the State-based
administrative complaint procedures required under section 402 to any
person filing a complaint under this subsection.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring with respect to elections
for Federal office held in 2022 or any succeeding year.
Subtitle G--Promoting Voter Access Through Election Administration
Modernization Improvements
PART 1--PROMOTING VOTER ACCESS
SEC. 1601. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY
POLLING PLACE CHANGES.
(a) Requirements.--Section 302 of the Help America Vote Act of 2002
(52 U.S.C. 21082) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Minimum Notification Requirements for Voters Affected by
Polling Place Changes.--
``(1) Requirement for precinct-based polling.--
``(A) In general.--If an applicable individual has
been assigned to a polling place that is different than
the polling place that such individual was assigned
with respect to the most recent past election for
Federal office in which the individual was eligible to
vote--
``(i) the appropriate election official
shall, not later than 2 days before the
beginning of an early voting period--
``(I) notify the individual of the
location of the polling place not later
than 2 days before the beginning of an
early voting period; and
``(II) post a general notice on the
website of the State or jurisdiction,
on social media platforms (if
available), and on signs a the prior
polling place; and
``(ii) if such assignment is made after the
date which is 2 days before the beginning of an
early voting period and the individual appears
on the date of the election at the polling
place to which the individual was previously
assigned, the jurisdiction shall make every
reasonable effort to enable the individual to
vote a ballot on the date of the election
without the use of a provisional ballot.
``(B) Applicable individual.--For purposes of
subparagraph (A), the term `applicable individual'
means, with respect to any election for Federal office,
any individual--
``(i) who is registered to vote in a
jurisdiction for such election and was
registered to vote in such jurisdiction for the
most recent past election for Federal office;
and
``(ii) whose voter registration address has
not changed since such most recent past
election for Federal office.
``(C) Methods of notification.--The appropriate
election official shall notify an individual under
clause (i)(I) of subparagraph (A) by mail, telephone,
and (if available) text message and electronic mail.
``(2) Requirements for vote centers.--In the case of a
jurisdiction in which individual are not assigned to specific
polling places, not later than 2 days before the beginning of
an early voting period, the appropriate election official shall
notify each voter eligible to vote in such jurisdiction of the
location of all polling places at which the individual may
vote.
``(3) Notice with respect to closed polling places.--
``(A) In general.--If a location which served as a
polling place for an election for Federal office in a
State does not serve as a polling place in the next
election for Federal office held in the State, the
State shall ensure that signs are posted at such
location on the date of the election and during any
early voting period for the election containing the
following information:
``(i) A statement that the location is not
serving as a polling place in the election.
``(ii) The locations serving as polling
places in the election in the jurisdiction
involved.
``(iii) The name and address of any
substitute polling place serving the same
precinct and directions from the former polling
place to the new polling place.
``(iv) Contact information, including a
telephone number and website, for the
appropriate State or local election official
through which an individual may find the
polling place to which the individual is
assigned for the election.
``(B) Internet posting.--Each State which is
required to post signs under subparagraph (A) shall
also provide such information through a website and
through social media (if available).
``(4) Linguistic preference.--The notices required under
this subsection shall comply with the requirements of section
203 of the Voting Rights Act of 1965 (52 U.S.C. 10503).
``(5) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.''.
(b) Conforming Amendment.--Section 302(e) of such Act (52 U.S.C.
21082(e)), as redesignated by subsection (a), is amended by striking
``Each State'' and inserting ``Except as provided in subsection (d)(4),
each State''.
SEC. 1602. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS.
(a) Accommodations Described.--
(1) Designation of ballot pickup and collection
locations.--Given the widespread lack of residential mail
delivery in Indian Country, an Indian Tribe may designate
buildings as ballot pickup and collection locations with
respect to an election for Federal office at no cost to the
Indian Tribe. An Indian Tribe may designate one building per
precinct located within Indian lands. The applicable State or
political subdivision shall collect ballots from those
locations. The applicable State or political subdivision shall
provide the Indian Tribe with accurate precinct maps for all
precincts located within Indian lands 60 days before the
election.
(2) Provision of mail-in and absentee ballots.--The State
or political subdivision shall provide mail-in and absentee
ballots with respect to an election for Federal office to each
individual who is registered to vote in the election who
resides on Indian lands in the State or political subdivision
involved without requiring a residential address or a mail-in
or absentee ballot request.
(3) Use of designated building as residential and mailing
address.--The address of a designated building that is a ballot
pickup and collection location with respect to an election for
Federal office may serve as the residential address and mailing
address for voters living on Indian lands if the tribally
designated building is in the same precinct as that voter. If
there is no tribally designated building within a voter's
precinct, the voter may use another tribally designated
building within the Indian lands where the voter is located.
Voters using a tribally designated building outside of the
voter's precinct may use the tribally designated building as a
mailing address and may separately designate the voter's
appropriate precinct through a description of the voter's
address, as specified in section 9428.4(a)(2) of title 11, Code
of Federal Regulations.
(4) Language accessibility.--In the case of a State or
political subdivision that is a covered State or political
subdivision under section 203 of the Voting Rights Act of 1965
(52 U.S.C. 10503), that State or political subdivision shall
provide absentee or mail-in voting materials with respect to an
election for Federal office in the language of the applicable
minority group as well as in the English language, bilingual
election voting assistance, and written translations of all
voting materials in the language of the applicable minority
group, as required by section 203 of the Voting Rights Act of
1965 (52 U.S.C. 10503), as amended by subsection (b).
(5) Clarification.--Nothing in this section alters the
ability of an individual voter residing on Indian lands to
request a ballot in a manner available to all other voters in
the State.
(6) Definitions.--In this section:
(A) Election for federal office.--The term
``election for Federal office'' means a general,
special, primary or runoff election for the office of
President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner
to, the Congress.
(B) Indian.--The term ``Indian'' has the meaning
given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).
(C) Indian lands.--The term ``Indian lands''
includes--
(i) any Indian country of an Indian Tribe,
as defined under section 1151 of title 18,
United States Code;
(ii) any land in Alaska owned, pursuant to
the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), by an Indian Tribe that
is a Native village (as defined in section 3 of
that Act (43 U.S.C. 1602)) or by a Village
Corporation that is associated with an Indian
Tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
(iii) any land on which the seat of the
Tribal Government is located; and
(iv) any land that is part or all of a
Tribal designated statistical area associated
with an Indian Tribe, or is part or all of an
Alaska Native village statistical area
associated with an Indian Tribe, as defined by
the Census Bureau for the purposes of the most
recent decennial census.
(D) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term ``Indian tribe'' in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(E) Tribal government.--The term ``Tribal
Government'' means the recognized governing body of an
Indian Tribe.
(7) Enforcement.--
(A) Attorney general.--The Attorney General may
bring a civil action in an appropriate district court
for such declaratory or injunctive relief as is
necessary to carry out this subsection.
(B) Private right of action.--
(i) A person or Tribal Government who is
aggrieved by a violation of this subsection may
provide written notice of the violation to the
chief election official of the State involved.
(ii) An aggrieved person or Tribal
Government may bring a civil action in an
appropriate district court for declaratory or
injunctive relief with respect to a violation
of this subsection, if--
(I) that person or Tribal
Government provides the notice
described in clause (i); and
(II)(aa) in the case of a violation
that occurs more than 120 days before
the date of an election for Federal
office, the violation remains and 90
days or more have passed since the date
on which the chief election official of
the State receives the notice under
clause (i); or
(bb) in the case of a violation
that occurs 120 days or less before the
date of an election for Federal office,
the violation remains and 20 days or
more have passed since the date on
which the chief election official of
the State receives the notice under
clause (i).
(iii) In the case of a violation of this
section that occurs 30 days or less before the
date of an election for Federal office, an
aggrieved person or Tribal Government may bring
a civil action in an appropriate district court
for declaratory or injunctive relief with
respect to the violation without providing
notice to the chief election official of the
State under clause (i).
(b) Bilingual Election Requirements.--Section 203 of the Voting
Rights Act of 1965 (52 U.S.C. 10503) is amended--
(1) in subsection (b)(3)(C), by striking ``1990'' and
inserting ``2010''; and
(2) by striking subsection (c) and inserting the following:
``(c) Provision of Voting Materials in the Language of a Minority
Group.--
``(1) In general.--Whenever any State or political
subdivision subject to the prohibition of subsection (b) of
this section provides any registration or voting notices,
forms, instructions, assistance, or other materials or
information relating to the electoral process, including
ballots, it shall provide them in the language of the
applicable minority group as well as in the English language.
``(2) Exceptions.--
``(A) In the case of a minority group that is not
American Indian or Alaska Native and the language of
that minority group is oral or unwritten, the State or
political subdivision shall be required only to
furnish, in the covered language, oral instructions,
assistance, translation of voting materials, or other
information relating to registration and voting.
``(B) In the case of a minority group that is
American Indian or Alaska Native, the State or
political subdivision shall be required only to furnish
in the covered language oral instructions, assistance,
or other information relating to registration and
voting, including all voting materials, if the Tribal
Government of that minority group has certified that
the language of the applicable American Indian or
Alaska Native language is presently unwritten or the
Tribal Government does not want written translations in
the minority language.
``(3) Written translations for election workers.--
Notwithstanding paragraph (2), the State or political division
may be required to provide written translations of voting
materials, with the consent of any applicable Indian Tribe, to
election workers to ensure that the translations from English
to the language of a minority group are complete, accurate, and
uniform.''.
(c) Effective Date.--This section and the amendments made by this
section shall apply with respect to the regularly scheduled general
election for Federal office held in November 2022 and each succeeding
election for Federal office.
SEC. 1603. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20310) are each amended by
striking ``and American Samoa'' and inserting ``American Samoa, and the
Commonwealth of the Northern Mariana Islands''.
SEC. 1604. ELIMINATION OF 14-DAY TIME PERIOD BETWEEN GENERAL ELECTION
AND RUNOFF ELECTION FOR FEDERAL ELECTIONS IN THE VIRGIN
ISLANDS AND GUAM.
Section 2 of the Act entitled ``An Act to provide that the
unincorporated territories of Guam and the Virgin Islands shall each be
represented in Congress by a Delegate to the House of
Representatives'', approved April 10, 1972 (48 U.S.C. 1712), is
amended--
(1) by striking ``(a) The Delegate'' and inserting ``The
Delegate'';
(2) by striking ``on the fourteenth day following such an
election'' in the fourth sentence of subsection (a); and
(3) by striking subsection (b).
SEC. 1605. APPLICATION OF FEDERAL ELECTION ADMINISTRATION LAWS TO
TERRITORIES OF THE UNITED STATES.
(a) National Voter Registration Act of 1993.--Section 3(4) of the
National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended
by striking ``States and the District of Columbia'' and inserting
``States, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands''.
(b) Help America Vote Act of 2002.--
(1) Coverage of commonwealth of the northern mariana
islands.--Section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141) is amended by striking ``and the United States
Virgin Islands'' and inserting ``the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands''.
(2) Conforming amendments to help america vote act of
2002.--Such Act is further amended as follows:
(A) The second sentence of section 213(a)(2) (52
U.S.C. 20943(a)(2)) is amended by striking ``and
American Samoa'' and inserting ``American Samoa, and
the Commonwealth of the Northern Mariana Islands''.
(B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is
amended by striking ``or the United States Virgin
Islands'' and inserting ``the United States Virgin
Islands, or the Commonwealth of the Northern Mariana
Islands''.
(3) Conforming amendment relating to consultation of help
america vote foundation with local election officials.--Section
90102(c) of title 36, United States Code, is amended by
striking ``and the United States Virgin Islands'' and inserting
``the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands''.
SEC. 1606. APPLICATION OF FEDERAL VOTER PROTECTION LAWS TO TERRITORIES
OF THE UNITED STATES.
(a) Intimidation of Voters.--Section 594 of title 18, United States
Code, is amended by striking ``Delegate from the District of Columbia,
or Resident Commissioner,'' and inserting ``or Delegate or Resident
Commissioner to the Congress''.
(b) Interference by Government Employees.--Section 595 of title 18,
United States Code, is amended by striking ``Delegate from the District
of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or
Resident Commissioner to the Congress''.
(c) Voting by Noncitizens.--Section 611(a) of title 18, United
States Code, is amended by striking ``Delegate from the District of
Columbia, or Resident Commissioner,'' and inserting ``or Delegate or
Resident Commissioner to the Congress''.
SEC. 1607. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING
PLACES.
(a) In General.--
(1) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1044(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), section 1201(a),
section 1301(a), section 1302(a), section 1303(b), and section
1305(a), is amended--
(A) by redesignating sections 315 and 316 as
sections 316 and 317, respectively; and
(B) by inserting after section 314 the following
new section:
``SEC. 315. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING
PLACES.
``(a) Preventing Unreasonable Waiting Times for Voters.--
``(1) In general.--Each State or jurisdiction shall take
reasonable efforts to provide a sufficient number of voting
systems, poll workers, and other election resources (including
physical resources) at a polling place used in any election for
Federal office, including a polling place at which individuals
may cast ballots prior to the date of the election, to ensure--
``(A) a fair and equitable waiting time for all
voters in the State or jurisdiction; and
``(B) that no individual will be required to wait
longer than 30 minutes to cast a ballot at the polling
place.
``(2) Criteria.--In determining the number of voting
systems, poll workers, and other election resources provided at
a polling place for purposes of paragraph (1), the State or
jurisdiction shall take into account the following factors:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered
since the most recent Federal election.
``(E) Census data for the population served by the
polling place, such as the proportion of the voting-age
population who are under 25 years of age or who are
naturalized citizens.
``(F) The needs and numbers of voters with
disabilities and voters with limited English
proficiency.
``(G) The type of voting systems used.
``(H) The length and complexity of initiatives,
referenda, and other questions on the ballot.
``(I) Such other factors, including relevant
demographic factors relating to the population served
by the polling place, as the State considers
appropriate.
``(3) Rule of construction.--Nothing in this subsection may
be construed--
``(A) to authorize a State or jurisdiction to meet
the requirements of this subsection by closing any
polling place, prohibiting an individual from entering
a line at a polling place, or refusing to permit an
individual who has arrived at a polling place prior to
closing time from voting at the polling place; or
``(B) to limit the use of mobile voting centers.
``(b) Limiting Variations on Number of Hours of Operation of
Polling Places Within a State.--
``(1) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B) and paragraph (2), each State shall
establish hours of operation for all polling places in
the State on the date of any election for Federal
office held in the State such that the polling place
with the greatest number of hours of operation on such
date is not in operation for more than 2 hours longer
than the polling place with the fewest number of hours
of operation on such date.
``(B) Permitting variance on basis of population.--
Subparagraph (A) does not apply to the extent that the
State establishes variations in the hours of operation
of polling places on the basis of the overall
population or the voting age population (as the State
may select) of the unit of local government in which
such polling places are located.
``(2) Exceptions for polling places with hours established
by units of local government.--Paragraph (1) does not apply in
the case of a polling place--
``(A) whose hours of operation are established, in
accordance with State law, by the unit of local
government in which the polling place is located; or
``(B) which is required pursuant to an order by a
court to extend its hours of operation beyond the hours
otherwise established.
``(c) Effective Date.--This section shall take effect upon the
expiration of the 180-day period which begins on the date of the
enactment of this subsection.''.
(2) Conforming amendments relating to issuance of voluntary
guidance by election assistance commission.--Section 321(b) of
such Act (52 U.S.C. 21101(b)), as redesignated and amended by
section 1101(b) and as amended by sections, 1102, 1103, 1104,
and 1201, is amended--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by redesignating paragraph (5) as paragraph
(6);
(C) in paragraph (6), as so redesignated, by
striking ``paragraph (4)'' and inserting ``paragraph
(4) or (5)''; and
(D) by inserting after paragraph (4) the following
new paragraph:
``(5) in the case of the recommendations with respect to
section 315, 180 days after the date of the enactment of such
section; and''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), section 1302(a), section
1303(b), and section 1305(b), is amended--
(A) by redesignating the items relating to sections
315 and 316 as relating to sections 316 and 317,
respectively; and
(B) by inserting after the item relating to section
314 the following new item:
``Sec. 315. Ensuring equitable and efficient operation of polling
places.''.
(b) Study of Methods to Enforce Fair and Equitable Waiting Times.--
(1) Study.--The Election Assistance Commission and the
Comptroller General of the United States shall conduct a joint
study of the effectiveness of various methods of enforcing the
requirements of section 315(a) of the Help America Vote Act of
2002, as added by subsection (a), including methods of best
allocating resources to jurisdictions which have had the most
difficulty in providing a fair and equitable waiting time at
polling places to all voters, and to communities of color in
particular.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Election Assistance Commission and
the Comptroller General of the United States shall publish and
submit to Congress a report on the study conducted under
paragraph (1).
SEC. 1608. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING.
(a) Requirement.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), section 1101(a), section 1102(a), section 1103(a),
section 1104(a), section 1201(a), section 1301(a), section 1302(a),
section 1303(b), section 1305(a), and section 1607(a)(1), is amended--
(1) by redesignating sections 316 and 317 as sections 317
and 318, respectively; and
(2) by inserting after section 315 the following new
section:
``SEC. 316. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING.
``(a) Prohibition.--A State may not--
``(1) prohibit any jurisdiction administering an election
for Federal office in the State from utilizing curbside voting
as a method by which individuals may cast ballots in the
election; or
``(2) impose any restrictions which would exclude any
individual who is eligible to vote in such an election in a
jurisdiction which utilizes curbside voting from casting a
ballot in the election by the method of curbside voting.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(b) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), section 1103(a), section 1104(c), section 1201(c), section
1301(a), section 1302(a), section 1303(b), section 1305(a), and section
1607(a)(3), is amended--
(1) by redesignating the items relating to sections 316 and
317 as relating to sections 317 and 318, respectively; and
(2) by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Prohibiting States from restricting curbside voting.''.
PART 2--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION
SEC. 1611. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930)
is amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for fiscal year 2021 and each succeeding
fiscal year''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)''.
SEC. 1612. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE
COMMISSION.
(a) Assessment of Information Technology and Cybersecurity.--Not
later than December 31, 2021, the Election Assistance Commission shall
carry out an assessment of the security and effectiveness of the
Commission's information technology systems, including the
cybersecurity of such systems.
(b) Improvements to Administrative Complaint Procedures.--
(1) Review of procedures.--The Election Assistance
Commission shall carry out a review of the effectiveness and
efficiency of the State-based administrative complaint
procedures established and maintained under section 402 of the
Help America Vote Act of 2002 (52 U.S.C. 21112) for the
investigation and resolution of allegations of violations of
title III of such Act.
(2) Recommendations to streamline procedures.--Not later
than December 31, 2021, the Commission shall submit to Congress
a report on the review carried out under paragraph (1), and
shall include in the report such recommendations as the
Commission considers appropriate to streamline and improve the
procedures which are the subject of the review.
SEC. 1613. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002
(52 U.S.C. 20925) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into by the Election Assistance
Commission on or after the date of the enactment of this Act.
PART 3--MISCELLANEOUS PROVISIONS
SEC. 1621. DEFINITION OF ELECTION FOR FEDERAL OFFICE.
(a) Definition.--Title IX of the Help America Vote Act of 2002 (52
U.S.C. 21141 et seq.) is amended by adding at the end the following new
section:
``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED.
``For purposes of titles I through III, the term `election for
Federal office' means a general, special, primary, or runoff election
for the office of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title IX the
following new item:
``Sec. 907. Election for Federal office defined.''.
SEC. 1622. NO EFFECT ON OTHER LAWS.
(a) In General.--Except as specifically provided, nothing in this
title may be construed to authorize or require conduct prohibited under
any of the following laws, or to supersede, restrict, or limit the
application of such laws:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20101 et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(4) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(b) No Effect on Preclearance or Other Requirements Under Voting
Rights Act.--The approval by any person of a payment or grant
application under this title, or any other action taken by any person
under this title, shall not be considered to have any effect on
requirements for preclearance under section 5 of the Voting Rights Act
of 1965 (52 U.S.C. 10304) or any other requirements of such Act.
(c) No Effect on Authority of States To Provide Greater
Opportunities for Voting.--Nothing in this title or the amendments made
by this title may be construed to prohibit any State from enacting any
law which provides greater opportunities for individuals to register to
vote and to vote in elections for Federal office than are provided by
this title and the amendments made by this title.
SEC. 1623. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT VOTER
REGISTRATION.
To the extent that any provision of this title or any amendment
made by this title imposes a requirement on a State relating to
registering individuals to vote in elections for Federal office, such
provision shall not apply in the case of any State in which, under law
that is in effect continuously on and after the date of the enactment
of this Act, there is no voter registration requirement for any voter
in the State with respect to an election for Federal office.
SEC. 1624. CLARIFICATION OF EXEMPTION FOR STATES WHICH DO NOT COLLECT
TELEPHONE INFORMATION.
(a) Amendment to Help America Vote Act of 2002.--Subtitle A of
title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et
seq.), as amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section 1201(a),
section 1301(a), section 1302(a), section 1303(b), section 1305(a),
section 1607(a)(1), and section 1608(a), is amended--
(1) by redesignating sections 317 and 318 as sections 318
and 319, respectively; and
(2) by inserting after section 316 the following new
section:
``SEC. 317. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH DO NOT
COLLECT TELEPHONE INFORMATION.
``(a) In General.--To the extent that any provision of this title
imposes a requirement on a State or jurisdiction relating to contacting
voters by telephone, such provision shall not apply in the case of any
State which continuously on and after the date of the enactment of this
Act, does not collect telephone numbers for voters as part of voter
registration in the State with respect to an election for Federal
office.
``(b) Exception.--Subsection (a) shall not apply in any case in
which the voter has voluntarily provided telephone information.''.
(b) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), section 1103(a), section 1104(c), section 1201(c), section
1301(a), section 1302(a), section 1303(b), section 1305(a), section
1607(a)(3), and section 1608(b), is amended--
(1) by redesignating the items relating to sections 317 and
318 as relating to sections 318 and 319, respectively; and
(2) by inserting after the item relating to section 316 the
following new item:
``Sec. 317. Application of certain provisions to States which do not
collect telephone information.''.
Subtitle H--Democracy Restoration
SEC. 1701. SHORT TITLE.
This subtitle may be cited as the ``Democracy Restoration Act of
2021''.
SEC. 1702. FINDINGS.
Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections, an
authority which has repeatedly been upheld by the United States
Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous condition
of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th
Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections. The
8th Amendment to the Constitution provides for no excessive
bail to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
(4) There are 3 areas in which discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections--
(A) the lack of a uniform standard for voting in
Federal elections leads to an unfair disparity and
unequal participation in Federal elections based solely
on where a person lives;
(B) laws governing the restoration of voting rights
after a criminal conviction vary throughout the country
and persons in some States can easily regain their
voting rights while in other States persons effectively
lose their right to vote permanently; and
(C) State disenfranchisement laws
disproportionately impact racial and ethnic minorities.
(5) State disenfranchisement laws vary widely. Two States
(Maine and Vermont) and the Commonwealth of Puerto Rico do not
disenfranchise individuals with criminal convictions at all. In
2020, the District of Columbia re-enfranchised its citizens who
are under the supervision of the Federal Bureau of Prisons.
Twenty-eight states disenfranchise certain individuals on
felony probation or parole. In 11 States, a conviction for
certain offenses can result in lifetime disenfranchisement.
(6) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(7) In 2020, an estimated 5,200,000 citizens of the United
States, or about 1 in 44 adults in the United States, could not
vote as a result of a felony conviction. Of the 5,200,000
citizens barred from voting then, only 24 percent were in
prison. By contrast, 75 percent of persons disenfranchised then
resided in their communities while on probation or parole or
after having completed their sentences. Approximately 2,200,000
citizens who had completed their sentences were disenfranchised
due to restrictive State laws. As of November 2018, the
lifetime ban for persons with certain felony convictions was
eliminated through a Florida ballot initiative. As a result, as
many as 1,400,000 people are now eligible to have their voting
rights restored. In 4 States--Alabama, Florida, Mississippi,
and Tennessee--more than 7 percent of the total population is
disenfranchised.
(8) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform and
potentially discriminatory manner. Disenfranchised individuals
sometimes must either obtain a pardon or an order from the
Governor or an action by the parole or pardon board, depending
on the offense and State. Individuals convicted of a Federal
offense often have additional barriers to regaining voting
rights.
(9) Many felony disenfranchisement laws today derive
directly from post-Civil War efforts to stifle the Fourteenth
and Fifteenth Amendments. Between 1865 and 1880, at least 14
states--Alabama, Arkansas, Colorado, Florida, Georgia,
Illinois, Mississippi, Missouri, Nebraska, New York, North
Carolina, South Carolina, Tennessee, and Texas--enacted or
expanded their felony disenfranchisement laws. One of the
primary goals of these laws was to prevent African Americans
from voting. Of the states that enacted or expanded their
felony disenfranchisement laws during this post-Civil War
period, at least 11 continue to preclude persons on felony
probation or parole from voting.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. In recent years, African
Americans have been imprisoned at over 5 times the rate of
Whites. More than 6 percent of the voting-age African-American
population, or 1,800,000 African Americans, are disenfranchised
due to a felony conviction. In 9 States--Alabama (16 percent),
Arizona (13 percent), Florida (15 percent), Kentucky (15
percent), Mississippi (16 percent), South Dakota (14 percent),
Tennessee (21 percent), Virginia (16 percent), and Wyoming (36
percent)--more than 1 in 8 African Americans are unable to vote
because of a felony conviction, twice the national average for
African Americans.
(11) Latino citizens are also disproportionately
disenfranchised based upon their disproportionate
representation in the criminal justice system. In recent years,
Latinos have been imprisoned at 2.5 times the rate of Whites.
More than 2 percent of the voting-age Latino population, or
560,000 Latinos, are disenfranchised due to a felony
conviction. In 34 states Latinos are disenfranchised at a
higher rate than the general population. In 11 states 4 percent
or more of Latino adults are disenfranchised due to a felony
conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4
percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6
percent; Minnesota, 4 percent; Mississippi, 5 percent;
Nebraska, 6 percent; Tennessee, 11 percent; Wyoming, 4
percent), twice the national average for Latinos.
(12) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders their
rehabilitation and reintegration into society.
(13) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised persons.
Future electoral participation by the children of
disenfranchised parents may be impacted as well. Models of
successful re-entry for persons convicted of a crime emphasize
the importance of community ties, feeling vested and
integrated, and prosocial attitudes. Individuals with criminal
convictions who succeed in avoiding recidivism are typically
more likely to see themselves as law-abiding members of the
community. Restoration of voting rights builds those qualities
and facilitates reintegration into the community. That is why
allowing citizens with criminal convictions who are living in a
community to vote is correlated with a lower likelihood of
recidivism. Restoration of voting rights thus reduces violence
and protects public safety.
(14) The United States is one of the only Western
democracies that permits the permanent denial of voting rights
for individuals with felony convictions.
(15) The Eighth Amendment's prohibition on cruel and
unusual punishments ``guarantees individuals the right not to
be subjected to excessive sanctions.'' (Roper v. Simmons, 543
U.S. 551, 560 (2005)). That right stems from the basic precept
of justice ``that punishment for crime should be graduated and
proportioned to [the] offense.'' Id. (quoting Weems v. United
States, 217 U.S. 349, 367 (1910)). As the Supreme Court has
long recognized, ``[t]he concept of proportionality is central
to the Eighth Amendment.'' (Graham v. Florida, 560 U.S. 48, 59
(2010)). Many State disenfranchisement laws are grossly
disproportional to the offenses that lead to disenfranchisement
and thus violate the bar on cruel and unusual punishments. For
example, a number of states mandate lifetime disenfranchisement
for a single felony conviction or just two felony convictions,
even where the convictions were for non-violent offenses. In
numerous other States, disenfranchisement can last years or
even decades while individuals remain on probation or parole,
often only because a person cannot pay their legal financial
obligations. These kinds of extreme voting bans run afoul of
the Eighth Amendment.
(16) The Twenty-Fourth Amendment provides that the right to
vote ``shall not be denied or abridged by the United States or
any State by reason of failure to pay any poll tax or other
tax.''. Section 2 of the Twenty-Fourth Amendment gives Congress
the power to enforce this article by appropriate legislation.
Court fines and fees that individuals must pay to have their
voting rights restored constitute an ``other tax'' for purposes
of the Twenty-Fourth Amendment. At least five States explicitly
require the payment of fines and fees before individuals with
felony convictions can have their voting rights restored. More
than 20 other states effectively tie the right to vote to the
payment of fines and fees, by requiring that individuals
complete their probation or parole before their rights are
restored. In these States, the non-payment of fines and fees is
a basis on which probation or parole can be extended. Moreover,
these states sometimes do not record the basis on which an
individual's probation or parole was extended, making it
impossible to determine from the State's records whether non-
payment of fines and fees is the reason that an individual
remains on probation or parole. For these reasons, the only way
to ensure that States do not deny the right to vote based
solely on non-payment of fines and fees is to prevent States
from conditioning voting rights on the completion of probation
or parole.
SEC. 1703. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 1704. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this subtitle.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this subtitle may provide written notice of the violation to
the chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt of
the notice if the violation occurred within 120 days before the
date of an election for Federal office, the aggrieved person
may, in a civil action, obtain declaratory or injunctive relief
with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
SEC. 1705. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall--
(A) notify in writing any individual who has been
convicted of a criminal offense under the law of that
State that such individual--
(i) has the right to vote in an election
for Federal office pursuant to the Democracy
Restoration Act of 2021; and
(ii) may register to vote in any such
election; and
(B) provide such individual with any materials that
are necessary to register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law--
(A) shall be notified in accordance with paragraph
(2) that such individual--
(i) has the right to vote in an election
for Federal office pursuant to the Democracy
Restoration Act of 2021; and
(ii) may register to vote in any such
election; and
(B) shall be provided with any materials that are
necessary to register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given--
(i) in the case of an individual who is
sentenced to serve only a term of probation, by
the Assistant Director for the Office of
Probation and Pretrial Services of the
Administrative Office of the United States
Courts on the date on which the individual is
sentenced; or
(ii) in the case of any individual
committed to the custody of the Bureau of
Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the
date that is 6 months before such individual is
released and ending on the date such individual
is released from the custody of the Bureau of
Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a court established by an Act of Congress.
SEC. 1706. DEFINITIONS.
For purposes of this subtitle:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 1707. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this subtitle
may be construed to prohibit the States from enacting any State law
which affords the right to vote in any election for Federal office on
terms less restrictive than those established by this subtitle.
(b) Certain Federal Acts.--The rights and remedies established by
this subtitle--
(1) are in addition to all other rights and remedies
provided by law, and
(2) shall not supersede, restrict, or limit the application
of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) or
the National Voter Registration Act of 1993 (52 U.S.C. 20501 et
seq.).
SEC. 1708. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal funds unless that person has in effect a
program under which each individual incarcerated in that person's
jurisdiction who is a citizen of the United States is notified, upon
release from such incarceration, of that individual's rights under
section 1703.
SEC. 1709. EFFECTIVE DATE.
This subtitle shall apply to citizens of the United States voting
in any election for Federal office held after the date of the enactment
of this Act.
Subtitle I--Voter Identification and Allowable Alternatives
SEC. 1801. REQUIREMENTS FOR VOTER IDENTIFICATION.
(a) Requirement to Provide Identification as Condition of Receiving
Ballot.--Section 303 of the Help America Vote Act of 2002 (52 U.S.C.
21083) is amended by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively, and by inserting after
subsection (b) the following new subsection:
``(c) Voter Identification Requirements.--
``(1) Voter identification requirement defined.--For
purposes of this subsection:
``(A) In general.--The term `voter identification
requirement' means any requirement that an individual
desiring to vote in person in an election for Federal
office present identification as a requirement to
receive or cast a ballot in person in such election.
``(B) Exception.--Such term does not include any
requirement described in subsection (b)(2)(A) as
applied with respect to an individual described in
subsection (b)(1).
``(2) In general.--If a State or local jurisdiction has a
voter identification requirement, the State or local
jurisdiction--
``(A) shall treat any applicable identifying
document as meeting such voter identification
requirement;
``(B) notwithstanding the failure to present an
applicable identifying document, shall treat an
individual desiring to vote in person in an election
for Federal office as meeting such voter identification
requirement if--
``(i) the individual presents the
appropriate State or local election official
with a sworn written statement, signed in the
presence of the official by an adult who has
known the individual for at least six months
under penalty of perjury, attesting to the
individual's identity;
``(ii) the official has known the
individual for at least six months; or
``(iii) in the case of a residents of a
State-licensed care facility, an employee of
the facility confirms the individual's
identity; and
``(C) shall permit any individual desiring to vote
in an election for Federal office who does not present
an applicable identifying document required under
subparagraph (A) or qualify for an exception under
subparagraph (B) to cast a provisional ballot with
respect to the election under section 302(a) in
accordance with paragraph (3).
``(3) Rules for provisional ballot.--
``(A) In general.--A individual may cast a
provisional ballot pursuant to paragraph (2)(C) so long
as the individual presents the appropriate State or
local election official with a sworn written statement,
signed by the individual under penalty of perjury,
attesting to the individual's identity.
``(B) Prohibition on other requirements.--Except as
otherwise provided this paragraph, a State or local
jurisdiction may not impose any other additional
requirement or condition with respect to the casting of
a provisional ballot by an individuals described in
paragraph (2)(C).
``(C) Counting of provisional ballot.--In the case
of a provisional ballot cast pursuant to paragraph
(2)(C), the appropriate State or local election
official shall not make a determination under section
302(a)(4) that the individual is eligible under State
law to vote in the election unless--
``(i) the official determines that the
signature on such statement matches the
signature of such individual on the official
list of registered voters in the State or other
official record or document used by the State
to verify the signatures of voters; or
``(ii) not later than 10 days after casting
the provisional ballot, the individual presents
an applicable identifying document, either in
person or by electronic methods, to the
official and the official confirms the
individual is the person identified on the
applicable identifying document.
``(D) Notice and opportunity to cure discrepancy in
signatures or other defects on provisional ballots.--
``(i) Notice and opportunity to cure
discrepancy in signatures.--If an individual
casts a provisional ballot under this paragraph
and the appropriate State or local election
official determines that a discrepancy exists
between the signature on such ballot and the
signature of such individual on the official
list of registered voters in the State or other
official record or document used by the State
to verify the signatures of voters, such
election official, prior to making a final
determination as to the validity of such
ballot, shall--
``(I) as soon as practical, but no
later than the next business day after
such determination is made, make a good
faith effort to notify the individual
by mail, telephone, and (if available)
text message and electronic mail that--
``(aa) a discrepancy exists
between the signature on such
ballot and the signature of the
individual on the official list
of registered voters in the
State or other official record
or document used by the State
to verify the signatures of
voters; and
``(bb) if such discrepancy
is not cured prior to the
expiration of the third day
following the State's deadline
for receiving mail-in ballots
or absentee ballots, such
ballot will not be counted; and
``(II) cure such discrepancy and
count the ballot if, prior to the
expiration of the third day following
the State's deadline for receiving
mail-in ballots or absentee ballots,
the individual provides the official
with information to cure such
discrepancy, either in person, by
telephone, or by electronic methods.
``(ii) Notice and opportunity to cure other
defects.--If an individual casts a provisional
ballot under this paragraph with a defect
which, if left uncured, would cause the ballot
to not be counted, the appropriate State or
local election official, prior to making a
final determination as to the validity of the
ballot, shall--
``(I) as soon as practical, but no
later than the next business day after
such determination is made, make a good
faith effort to notify the individual
by mail, telephone, and (if available)
text message and electronic mail that--
``(aa) the ballot has some
defect; and
``(bb) if the individual
does not cure the other defect
prior to the expiration of the
third day following the State's
deadline for receiving mail-in
ballots or absentee ballots,
such ballot will not be
counted; and
``(II) count the ballot if, prior
to the expiration of the third day
following the State's deadline for
receiving mail-in ballots or absentee
ballots, the individual cures the
defect.
``(E) No exemption.--Notwithstanding section
302(a), States described in section 4(b) of the
National Voter Registration Act of 1993 shall be
required to meet the requirements of paragraph (2)(C).
``(F) Rule of construction.--
``(i) In general.--Nothing in paragraph
(2)(C) or this paragraph shall be construed to
prevent a State from permitting an individual
who provides a sworn statement described in
subparagraph (A) to cast a regular ballot in
lieu of a provisional ballot.
``(ii) Regular ballot.--For purpose of this
subparagraph, the term `regular ballot' means a
ballot which is cast and counted in same manner
as ballots cast by individuals meeting the
voter identification requirement (and all other
applicable requirements with respect to voting
in the election).
``(4) Development and use of pre-printed version of
statement by commission.--
``(A) In general.--The Commission shall develop
pre-printed versions of the statements described in
paragraphs (2)(B)(i) and (3)(A) which include
appropriate blank spaces for the provision of names and
signatures.
``(B) Providing pre-printed copy of statement.--
Each State and jurisdiction that has a voter
identification requirement shall make copies of the
pre-printed version of the statement developed under
subparagraph (A) available at polling places for use by
individuals voting in person.
``(5) Required provision of identifying documents.--
``(A) In general.--Each State and jurisdiction that
has a voter identification requirement shall--
``(i) for each individual who, on or after
the applicable date, is registered to vote in
such State or jurisdiction in elections for
Federal office, provide the individual with a
government-issued identification that meets the
requirements of this subsection without charge;
``(ii) for each individual who, before the
applicable date, was registered to vote in such
State or jurisdiction in elections for Federal
office but does not otherwise possess an
identifying document, provide the individual
with a government-issued identification that
meets the requirements of this subsection
without charge, so long as the State provides
the individual with reasonable opportunities to
obtain such identification prior to the date of
the election; and
``(iii) for each individual who is provided
with an identification under clause (i) or
clause (ii), provide the individual with such
assistance without charge upon request as may
be necessary to enable the individual to obtain
and process any documentation necessary to
obtain the identification.
``(B) Applicable date.--For purposes of this
paragraph, the term `applicable date' means the later
of--
``(i) January 1, 2022, or
``(ii) the first date after the date of the
enactment of this subsection for which the
State or local jurisdiction has in effect a
voter identification requirement.
``(6) Applicable identifying document.--For purposes of
this subsection--
``(A) In general.--The term `applicable identifying
document' means, with respect to any individual, any
document issued to such individual containing the
individual's name.
``(B) Included documents.--The term `applicable
identifying document' shall include any of the
following (so long as that document has not expired or,
if expired, expired no earlier than four years before
the date of presentation):
``(i) A driver's license or an
identification card issued by a State, the
Federal Government, or a State or federally
recognized Tribal government.
``(ii) A State-issued identification
described in paragraph (4).
``(iii) A United States passport or
passport card.
``(iv) A employee identification card
issued by--
``(I) any branch, department,
agency, or entity of the United States
Government or of any State,
``(II) any State or federally
recognized Tribal government, or
``(III) any county, municipality,
board, authority, or other political
subdivision of a State.
``(v) A student identification card issued
by an institution of higher education, or a
high school identification card issued by a
State-accredited high school.
``(vi) A military identification card
issued by the United States.
``(vii) A gun license or concealed carry
permit.
``(viii) A Medicare card or Social Security
card.
``(ix) A birth certificate.
``(x) A voter registration card.
``(xi) A hunting or fishing license issued
by a State.
``(xii) A identification card issued to the
individual by the Supplemental Nutrition
Assistance (SNAP) program.
``(xiii) A identification card issued to
the individual by the Temporary Assistance for
Needy Families (TANF) program.
``(xiv) A identification card issued to the
individual by Medicaid.
``(xv) A bank card or debit card.
``(xvi) A utility bill issued within six
months of the date of the election.
``(xvii) A lease or mortgage document
issued within six months of the date of the
election.
``(xviii) A bank statement issued within
six months of the date of the election.
``(xix) A health insurance card issued to
the voter.
``(xx) Any other document containing the
individual's name issued by--
``(I) any branch, department,
agency, or entity of the United States
Government or of any State;
``(II) any State or federally
recognized tribal government; or
``(III) any county, municipality,
board, authority, or other political
subdivision of a State.
``(C) Copies and electronic documents accepted.--
The term `applicable identifying document' includes--
``(i) any copy of a document described in
subparagraph (A) or (B); and
``(ii) any document described in
subparagraph (A) or (B) which is presented in
electronic format.''.
(b) Payments to States to Cover Costs of Required Identification
Documents.--
(1) In general.--The Election Assistance Commission shall
make payments to States to cover the costs incurred in
providing identifications under section 303(c)(5) of the Help
America Vote Act of 2002, as amended by this section.
(2) Amount of payment.--The amount of the payment made to a
State under this subsection for any year shall be equal to the
amount of fees which would have been collected by the State
during the year in providing the identifications required under
section 303(c)(5) of such Act if the State had charged the
usual and customary rates for such identifications, as
determined on the basis of information furnished to the
Commission by the State at such time and in such form as the
Commission may require.
(3) Authorization of appropriations.--There are authorized
to be appropriated for payments under this subsection an
aggregate amount of $5,000,000 for fiscal year 2022 and each of
the 4 succeeding fiscal years.
(c) Conforming Amendments.--Section 303(b)(2)(A) of the Help
America Vote Act of 2002 (52 U.S.C. 21083(b)(2)(A)) is amended--
(1) in clause (i), by striking ``in person'' and all that
follows and inserting ``in person, presents to the appropriate
State or local election official an applicable identifying
document (as defined in subsection (c)(6)); or''; and
(2) in clause (ii), by striking ``by mail'' and all that
follows and inserting ``by mail, submits with the ballot an
applicable identifying document (as so defined).''.
(d) Effective Date.--Section 303(e) of such Act (52 U.S.C.
21083(d)(2)), as redesignated by subsection (a), is amended by adding
at the end the following new paragraph:
``(3) Voter identification requirements.--Each State and
jurisdiction shall be required to comply with the requirements
of subsection (c) with respect to elections for Federal office
held on or after January 1, 2022.''.
Subtitle J--Voter List Maintenance Procedures
PART 1--VOTER CAGING PROHIBITED
SEC. 1901. VOTER CAGING PROHIBITED.
(a) Definitions.--In this section--
(1) the term ``voter caging document'' means--
(A) a non-forwardable document sent by any person
other than a State or local election official that is
returned to the sender or a third party as undelivered
or undeliverable despite an attempt to deliver such
document to the address of a registered voter or
applicant; or
(B) any document sent by any person other than a
State or local election official with instructions to
an addressee that the document be returned to the
sender or a third party but is not so returned, despite
an attempt to deliver such document to the address of a
registered voter or applicant;
(2) the term ``voter caging list'' means a list of
individuals compiled from voter caging documents; and
(3) the term ``unverified match list'' means any list
produced by matching the information of registered voters or
applicants for voter registration to a list of individuals who
are ineligible to vote in the registrar's jurisdiction, by
virtue of death, conviction, change of address, or otherwise,
unless one of the pieces of information matched includes a
signature, photograph, or unique identifying number ensuring
that the information from each source refers to the same
individual.
(b) Prohibition Against Voter Caging.--No State or local election
official shall prevent an individual from registering or voting in any
election for Federal office, or permit in connection with any election
for Federal office a formal challenge under State law to an
individual's registration status or eligibility to vote, if the basis
for such decision is evidence consisting of--
(1) a voter caging document or voter caging list;
(2) an unverified match list;
(3) an error or omission on any record or paper relating to
any application, registration, or other act requisite to
voting, if such error or omission is not material to an
individual's eligibility to vote under section 2004(a)(2)(B) of
the Revised Statutes (52 U.S.C. 10101(a)(2)(B)); or
(4) any other evidence so designated for purposes of this
section by the Election Assistance Commission,
except that the election official may use such evidence if it is
corroborated by independent evidence of the individual's ineligibility
to register or vote.
(c) Enforcement.--
(1) Civil enforcement.--
(A) In general.--The Attorney General may bring a
civil action in an appropriate district court for such
declaratory or injunctive relief as is necessary to
carry out this section.
(B) Private right of action.--
(i) In general.--A person who is aggrieved
by a violation of this section may provide
written notice of the violation to the chief
election official of the State involved.
(ii) Relief.--Except as provided in clause
(iii), if the violation is not corrected within
90 days after receipt of a notice under clause
(i), or within 20 days after receipt of the
notice if the violation occurred within 120
days before the date of an election for Federal
office, the aggrieved person may, in a civil
action, obtain declaratory or injunctive relief
with respect to the violation.
(iii) Exception.--If the violation occurred
within 30 days before the date of an election
for Federal office, the aggrieved person need
not provide notice under clause (i) before
bringing a civil action to obtain declaratory
or injunctive relief with respect to the
violation.
(2) Criminal penalty.--Whoever knowingly challenges the
eligibility of one or more individuals to register or vote or
knowingly causes the eligibility of such individuals to be
challenged in violation of this section with the intent that
one or more eligible voters be disqualified, shall be fined
under title 18, United States Code, or imprisoned not more than
1 year, or both, for each such violation. Each violation shall
be a separate offense.
(d) No Effect on Related Laws.--Nothing in this section is intended
to override the protections of the National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.) or to affect the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.).
PART 2--SAVING ELIGIBLE VOTERS FROM VOTER PURGING
SEC. 1911. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED
VOTERS.
(a) Conditions Described.--The National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8
the following new section:
``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF
REGISTERED VOTERS.
``(a) Verification on Basis of Objective and Reliable Evidence of
Ineligibility.--
``(1) Requiring verification.--Notwithstanding any other
provision of this Act, a State may not remove the name of any
registrant from the official list of voters eligible to vote in
elections for Federal office in the State unless the State
verifies, on the basis of objective and reliable evidence, that
the registrant is ineligible to vote in such elections.
``(2) Factors not considered as objective and reliable
evidence of ineligibility.--For purposes of paragraph (1),
except as permitted under section 8(d) after a notice described
in paragraph (2) of such section has been sent, the following
factors, or any combination thereof, shall not be treated as
objective and reliable evidence of a registrant's ineligibility
to vote:
``(A) The failure of the registrant to vote in any
election.
``(B) The failure of the registrant to respond to
any election mail, unless the election mail has been
returned as undeliverable.
``(C) The failure of the registrant to take any
other action with respect to voting in any election or
with respect to the registrant's status as a
registrant.
``(3) Removal based on official records.--
``(A) In general.--Nothing in this section shall
prohibit a State from removing a registrant from the
official list of eligible voters in elections for
Federal office if, on the basis of official records
maintained by the State, a State or local election
official knows, on the basis of objective and reliable
evidence, that the registrant has--
``(i) died; or
``(ii) permanently moved out of the State
and is no longer eligible to vote in the State.
``(B) Opportunity to demonstrate eligibility.--The
State shall provide a voter removed from the official
list of eligible voters in elections for Federal office
under this paragraph an opportunity to demonstrate that
the registrant is eligible to vote and be reinstated on
the official list of eligible voters in elections for
Federal office in the State.
``(b) Notice After Removal.--
``(1) Notice to individual removed.--
``(A) In general.--Not later than 48 hours after a
State removes the name of a registrant from the
official list of eligible voters, the State shall send
notice of the removal to the former registrant, and
shall include in the notice the grounds for the removal
and information on how the former registrant may
contest the removal or be reinstated, including a
telephone number for the appropriate election official.
``(B) Exceptions.--Subparagraph (A) does not apply
in the case of a registrant--
``(i) who sends written confirmation to the
State that the registrant is no longer eligible
to vote in the registrar's jurisdiction in
which the registrant was registered; or
``(ii) who is removed from the official
list of eligible voters by reason of the death
of the registrant.
``(2) Public notice.--Not later than 48 hours after
conducting any general program to remove the names of
ineligible voters from the official list of eligible voters (as
described in section 8(a)(4)), the State shall disseminate a
public notice through such methods as may be reasonable to
reach the general public (including by publishing the notice in
a newspaper of wide circulation and posting the notice on the
websites of the appropriate election officials) that list
maintenance is taking place and that registrants should check
their registration status to ensure no errors or mistakes have
been made. The State shall ensure that the public notice
disseminated under this paragraph is in a format that is
reasonably convenient and accessible to voters with
disabilities, including voters who have low vision or are
blind.''.
(b) Conditions for Transmission of Notices of Removal.--Section
8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end
the following new paragraph:
``(4) A State may not transmit a notice to a registrant
under this subsection unless the State obtains objective and
reliable evidence (in accordance with the standards for such
evidence which are described in section 8A(a)(2)) that the
registrant has changed residence to a place outside the
registrar's jurisdiction in which the registrant is
registered.''.
(c) Conforming Amendments.--
(1) National voter registration act of 1993.--Section 8(a)
of such Act (52 U.S.C. 20507(a)) is amended--
(A) in paragraph (3), by striking ``provide'' and
inserting ``subject to section 8A, provide''; and
(B) in paragraph (4), by striking ``conduct'' and
inserting ``subject to section 8A, conduct''.
(2) Help america vote act of 2002.--Section 303(a)(4)(A) of
the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is
amended by striking ``registrants'' the second place it appears
and inserting ``and subject to section 8A of such Act,
registrants''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
Subtitle K--Severability
SEC. 1921. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
DIVISION B--ELECTION INTEGRITY
TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION
SEC. 2001. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER
REGISTRATION.
(a) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 612. Hindering, interfering with, or preventing registering to
vote
``(a) Prohibition.--It shall be unlawful for any person, whether
acting under color of law or otherwise, to corruptly hinder, interfere
with, or prevent another person from registering to vote or to
corruptly hinder, interfere with, or prevent another person from aiding
another person in registering to vote.
``(b) Attempt.--Any person who attempts to commit any offense
described in subsection (a) shall be subject to the same penalties as
those prescribed for the offense that the person attempted to commit.
``(c) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned not more than 5 years, or both.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, is amended by adding at the end the
following new item:
``612. Hindering, interfering with, or preventing registering to
vote.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after the date of the
enactment of this Act, except that no person may be found to have
violated section 612 of title 18, United States Code (as added by
subsection (a)), on the basis of any act occurring prior to the date of
the enactment of this Act.
SEC. 2002. ESTABLISHMENT OF BEST PRACTICES.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall develop and publish
recommendations for best practices for States to use to deter and
prevent violations of section 612 of title 18, United States Code (as
added by section 2001), and section 12 of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful
interference with registering to vote, or voting, or attempting to
register to vote or vote), including practices to provide for the
posting of relevant information at polling places and voter
registration agencies under such Act, the training of poll workers and
election officials, and relevant educational materials. For purposes of
this subsection, the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.
(b) Inclusion in Voter Information Requirements.--Section 302(b)(2)
of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is
amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) information relating to the prohibitions of
section 612 of title 18, United States Code, and
section 12 of the National Voter Registration Act of
1993 (52 U.S.C. 20511) (relating to the unlawful
interference with registering to vote, or voting, or
attempting to register to vote or vote), including
information on how individuals may report allegations
of violations of such prohibitions.''.
TITLE III--PREVENTING ELECTION SUBVERSION
Subtitle A--Restrictions on Removal of Election Administrators
SEC. 3001. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION ADMINISTRATORS IN
ADMINISTRATION OF ELECTIONS FOR FEDERAL OFFICE.
(a) Findings.--Congress makes the following findings:
(1) Congress has explicit and broad authority to regulate
the time, place, and manner of Federal elections under the
Elections Clause under article I, section 4, clause 1 of the
Constitution, including by establishing standards for the fair,
impartial, and uniform administration of Federal elections by
State and local officials.
(2) The Elections Clause was understood from the framing of
the Constitution to contain ``words of great latitude,''
granting Congress broad power over Federal elections and a
plenary right to preempt State regulation in this area. As made
clear at the Constitutional Convention and the State
ratification debates that followed, this grant of congressional
authority was meant to ``insure free and fair elections,''
promote the uniform administration of Federal elections, and
``preserve and restore to the people their equal and sacred
rights of election.''.
(3) In the founding debates on the Elections Clause, many
delegates also argued that a broad grant of authority to
Congress over Federal elections was necessary to check any
``abuses that might be made of the discretionary power'' to
regulate the time, place, and manner of elections granted the
States, including attempts at partisan entrenchment,
malapportionment, and the exclusion of political minorities. As
the Supreme Court has recognized, the Elections Clause empowers
Congress to ``protect the elections on which its existence
depends,'' Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and
``protect the citizen in the exercise of rights conferred by
the Constitution of the United States essential to the healthy
organization of the government itself,'' id. at 666.
(4) The Elections Clause grants Congress ``plenary and
paramount jurisdiction over the whole subject'' of Federal
elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing
Congress to implement ``a complete code for congressional
elections.'' Smiley v. Holm, 285 U.S. 355, 366 (1932). The
Elections Clause, unlike, for example, the Commerce Clause, has
been found to grant Congress the authority to compel States to
alter their regulations as to Federal elections, id. at 366-67,
even if these alterations would impose additional costs on the
States to execute or enforce. Association of Community
Organizations for Reform Now v. Miller, 129 F.3d 833 (6th Cir.
1997).
(5) The phrase ``manner of holding elections'' in the
Elections Clause has been interpreted by the Supreme Court to
authorize Congress to regulate all aspects of the Federal
election process, including ``notices, registration,
supervision of voting, protection of voters, prevention of
fraud and corrupt practices, counting of votes, duties of
inspectors and canvassers, and the making and publication of
election returns.'' Smiley v. Holm, 285 U.S. 355, 366 (1932).
(6) The Supreme Court has recognized the broad
``substantive scope'' of the Elections Clause and upheld
Federal laws promulgated thereunder regulating redistricting,
voter registration, campaign finance, primary elections,
recounts, party affiliation rules, and balloting.
(7) The authority of Congress under the Elections Clause
also entails the power to ensure enforcement of its laws
regulating Federal elections. ``[I]f Congress has the power to
make regulations, it must have the power to enforce them.'' Ex
parte Siebold, 100 U.S. 371, 387 (1879). The Supreme Court has
noted that there can be no question that Congress may impose
additional penalties for offenses committed by State officers
in connection with Federal elections even if they differ from
the penalties prescribed by State law for the same acts. Id. at
387-88.
(8) The fair and impartial administration of Federal
elections by State and local officials is central to ``the
successful working of this government,'' Ex parte Yarbrough,
110 U.S. 651, 666 (1884), and to ``protect the act of voting .
. . and the election itself from corruption or fraud,'' id. at
661-62.
(9) The Elections Clause thus grants Congress the authority
to ensure that the administration of Federal elections is free
of political bias or discrimination and that election officials
are insulated from political influence or other forms of
coercion in discharging their duties in connection with Federal
elections.
(10) In some States, oversight of local election
administrators has been allocated to State Election Boards, or
special commissions formed by those boards, that are appointed
by the prevailing political party in a State, as opposed to
nonpartisan or elected office holders.
(11) In certain newly enacted State policies, these
appointed statewide election administrators have been granted
wide latitude to suspend or remove local election
administrators in cases where the statewide election
administrators identify whatever the State deems to be a
violation. There is no requirement that there be a finding of
intent by the local election administrator to commit the
violation.
(12) Local election administrators across the country can
be suspended or removed according to different standards,
potentially exposing them to different political pressures or
biases that could result in uneven administration of Federal
elections.
(13) The Elections Clause grants Congress the ultimate
authority to ensure that oversight of State and local election
administrators is fair and impartial in order to ensure
equitable and uniform administration of Federal elections.
(14) Congress has the authority to prevent politically
motivated removals of local election officials pursuant to the
First and Fourteenth Amendments. The Supreme Court has held
that the First Amendment prohibits the removal of local
government officials due to their party affiliation or
political beliefs. Elrod v. Burns, 427 U.S. 347 (1976); Branti
v. Finkel, 445 U.S. 507 (1980). ``[C]onditioning continued
public employment on an employee's having obtained support from
a particular political party violates the First Amendment
because of the coercion of belief that necessarily flows from
the knowledge that one must have a sponsor in the dominant
party in order to retain one's job,'' Rutan v. Republican Party
of Illinois, 497 U.S. 62, 71 (1990), which is a particularly
pernicious pressure in the fair and neutral administration of
elections. Congress has the authority to enforce these First
Amendment protections under section 5 of the Fourteenth
Amendment.
(b) Restriction.--
(1) Standard for removal of a local election
administrator.--A statewide election administrator may only
suspend, remove, or relieve the duties of a local election
administrator in the State with respect to the administration
of an election for Federal office for gross negligence, neglect
of duty, or malfeasance in office.
(2) Private right of action.--
(A) In general.--Any local election administrator
suspended, removed, or otherwise relieved of duties in
violation of paragraph (1) with respect to the
administration of an election for Federal office or
against whom any proceeding for suspension, removal, or
relief from duty in violation of paragraph (1) with
respect to the administration of an election for
Federal office may be pending, may bring an action in
an appropriate district court of the United States for
declaratory or injunctive relief with respect to the
violation. Any such action shall name as the defendant
the statewide election administrator responsible for
the adverse action. The district court shall, to the
extent practicable, expedite any such proceeding.
(B) Statute of limitations.--Any action brought
under this subsection must be commenced not later than
one year after the date of the suspension, removal,
relief from duties, or commencement of the proceeding
to remove, suspend, or relieve the duties of a local
election administrator with respect to the
administration of an election for Federal office.
(3) Attorney's fees.--In any action or proceeding under
this subsection, the court may allow a prevailing plaintiff,
other than the United States, reasonable attorney's fees as
part of the costs, and may include expert fees as part of the
attorney's fee. The term ``prevailing plaintiff'' means a
plaintiff that substantially prevails pursuant to a judicial or
administrative judgment or order, or an enforceable written
agreement.
(4) Removal of state proceedings to federal court.--A local
election administrator who is subject to an administrative or
judicial proceeding for suspension, removal, or relief from
duty by a statewide election administrator with respect to the
administration of an election for Federal office may remove the
proceeding to an appropriate district court of the United
States. Any order remanding a case to the State court or agency
from which it was removed under this subsection shall be
reviewable by appeal or otherwise.
(5) Right of united states to intervene.--
(A) Notice to attorney general.--Whenever any
administrative or judicial proceeding is brought to
suspend, remove, or relieve the duties of any local
election administrator by a statewide election
administrator with respect to the administration of an
election for Federal office, the statewide election
administrator who initiated such proceeding shall
deliver a copy of the pleadings instituting the
proceeding to the Assistant Attorney General for the
Civil Rights Division of the Department of Justice. The
local election administrator against whom such
proceeding is brought may also deliver such pleadings
to the Assistant Attorney General.
(B) Right to intervene.--The United States may
intervene in any administrative or judicial proceeding
brought to suspend, remove, or relieve the duties of
any local election administrator by a statewide
election administrator with respect to the
administration of an election for Federal office and in
any action initiated pursuant to paragraph (2) or in
any removal pursuant to paragraph (4).
(6) Review.--In reviewing any action brought under this
section, a court of the United States shall not afford any
deference to any State official, administrator, or tribunal
that initiated, approved, adjudicated, or reviewed any
administrative or judicial proceeding to suspend, remove, or
otherwise relieve the duties of a local election administrator.
(7) Definitions.--In this section, the following
definitions apply:
(A) Election.--The term ``election'' has the
meaning given the term in section 301(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(1)).
(B) Federal office.--The term ``Federal office''
has the meaning given the term in section 301(3) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30101(3)).
(C) Local election administrator.--The term ``local
election administrator'' means, with respect to a local
jurisdiction in a State, an individual or entity
responsible for the administration of elections for
Federal office in the local jurisdiction.
(D) Statewide election administrator.--The term
``statewide election administrator'' means, with
respect to a State--
(i) the individual or entity, including a
State elections board, responsible for the
administration of elections for Federal office
in the State on a statewide basis; or
(ii) a legislative entity with the
authority to suspend, remove, or relieve a
local election administrator.
(c) Rule of Construction.--Nothing in this section shall be
construed to grant any additional authority to remove a local elections
administrator beyond any authority provided under the law of the State.
Subtitle B--Increased Protections for Election Workers
SEC. 3101. HARASSMENT OF ELECTION WORKERS PROHIBITED.
(a) In General.--Chapter 29 of title 18, United 6 States Code, as
amended by section 2001(a), is amended by adding at the end the
following new section:
``SEC. 613. HARASSMENT OF ELECTION RELATED OFFICIALS.
``(a) Harassment of Election Workers.--It shall be unlawful for any
person, whether acting under color of law or otherwise, to intimidate,
threaten, coerce, or attempt to intimidate, threaten, or coerce an
election worker described in subsection (b) with intent to impede,
intimidate, or interfere with such official while engaged in the
performance of official duties, or with intent to retaliate against
such official on account of the performance of official duties.
``(b) Election Worker Described.--An election worker as described
in this section is any individual who is an election official, poll
worker, or an election volunteer in connection with an election for a
Federal office.
``(c) Penalty.--Any person who violates subsection (a) shall be
fined not more than $100,000, imprisoned for not more than 5 years, or
both.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, as amended by section 2001(b), is amended
by adding at the end the following new item:
``613. Harassment of election related officials.''.
SEC. 3102. PROTECTION OF ELECTION WORKERS.
Paragraph (2) of section 119(b) of title 18, United States Code, is
amended by striking ``or'' at the end of subparagraph (C), by inserting
``or'' at the end of subparagraph (D), and by adding at the end the
following new subparagraph:
``(E) any individual who is an election official, a
poll worker, or an election volunteer in connection
with an election for a Federal office;''.
Subtitle C--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
SEC. 3201. SHORT TITLE.
This subtitle may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act of 2021''.
SEC. 3202. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.
(a) Prohibition.--Subsection (b) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by inserting at the end the following new paragraphs:
``(2) False statements regarding federal elections.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate or cause to be
communicated information described in subparagraph (B),
or produce information described in subparagraph (B)
with the intent that such information be communicated,
if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time, place, or manner of holding
any election described in paragraph (5); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal, civil, or other
legal penalties associated with voting
in any such election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(3) False statements regarding public endorsements.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate, or cause to be
communicated, a materially false statement about an
endorsement, if such person--
``(i) knows such statement to be false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Definition of `materially false'.--For
purposes of subparagraph (A), a statement about an
endorsement is `materially false' if, with respect to
an upcoming election described in paragraph (5)--
``(i) the statement states that a
specifically named person, political party, or
organization has endorsed the election of a
specific candidate for a Federal office
described in such paragraph; and
``(ii) such person, political party, or
organization has not endorsed the election of
such candidate.
``(4) Hindering, interfering with, or preventing voting or
registering to vote.--No person, whether acting under color of
law or otherwise, shall intentionally hinder, interfere with,
or prevent another person from voting, registering to vote, or
aiding another person to vote or register to vote in an
election described in paragraph (5), including by operating a
polling place or ballot box that falsely purports to be an
official location established for such an election by a unit of
government.
``(5) Election described.--An election described in this
paragraph is any general, primary, runoff, or special election
held solely or in part for the purpose of nominating or
electing a candidate for the office of President, Vice
President, Presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and
inserting the following:
``(1) In general.--Whenever any person''; and
(B) by adding at the end the following new
paragraph:
``(2) Civil action.--Any person aggrieved by a violation of
this section may institute a civil action for preventive
relief, including an application in a United States district
court for a permanent or temporary injunction, restraining
order, or other order. In any such action, the court, in its
discretion, may allow the prevailing party a reasonable
attorney's fee as part of the costs.''.
(2) Conforming amendments.--Section 2004 of the Revised
Statutes (52 U.S.C. 10101) is amended--
(A) in subsection (e), by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''; and
(B) in subsection (g), by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever'' and inserting the
following:
``(a) Intimidation.--Whoever'';
(B) in subsection (a), as inserted by subparagraph
(A), by striking ``at any election'' and inserting ``at
any general, primary, runoff, or special election'';
and
(C) by adding at the end the following new
subsections:
``(b) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any
person, whether acting under color of law or otherwise,
within 60 days before an election described in
subsection (e), by any means, including by means of
written, electronic, or telephonic communications, to
communicate or cause to be communicated information
described in subparagraph (B), or produce information
described in subparagraph (B) with the intent that such
information be communicated, if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in subsection
(e).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time or place of holding any
election described in subsection (e); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal, civil, or other
legal penalties associated with voting
in any such election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(c) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from voting,
registering to vote, or aiding another person to vote or
register to vote in an election described in subsection (e).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(d) Attempt.--Any person who attempts to commit any offense
described in subsection (a), (b)(1), or (c)(1) shall be subject to the
same penalties as those prescribed for the offense that the person
attempted to commit.
``(e) Election Described.--An election described in this subsection
is any general, primary, runoff, or special election held solely or in
part for the purpose of nominating or electing a candidate for the
office of President, Vice President, Presidential elector, Senator,
Member of the House of Representatives, or Delegate or Resident
Commissioner to the Congress.''.
(2) Modification of penalty for voter intimidation.--
Section 594(a) of title 18, United States Code, as amended by
paragraph (1), is amended by striking ``fined under this title
or imprisoned not more than one year'' and inserting ``fined
not more than $100,000, imprisoned for not more than 5 years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days
after the date of enactment of this Act, the United
States Sentencing Commission, pursuant to its authority
under section 994 of title 28, United States Code, and
in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines
and policy statements applicable to persons convicted
of any offense under section 594 of title 18, United
States Code, as amended by this section.
(B) Authorization.--The United States Sentencing
Commission may amend the Federal Sentencing Guidelines
in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994
note) as though the authority under that section had
not expired.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or for
voting'' and inserting ``for registration to vote, for voting,
or for not voting''.
SEC. 3203. CORRECTIVE ACTION.
(a) Corrective Action.--
(1) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of paragraphs (2) and (3) of
section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)),
as added by section 3202(a), and if the Attorney General
determines that State and local election officials have not
taken adequate steps to promptly communicate accurate
information to correct the materially false information, the
Attorney General shall, pursuant to the written procedures and
standards under subsection (b), communicate to the public, by
any means, including by means of written, electronic, or
telephonic communications, accurate information designed to
correct the materially false information.
(2) Communication of corrective information.--Any
information communicated by the Attorney General under
paragraph (1)--
(A) shall--
(i) be accurate and objective;
(ii) consist of only the information
necessary to correct the materially false
information that has been or is being
communicated; and
(iii) to the extent practicable, be by a
means that the Attorney General determines will
reach the persons to whom the materially false
information has been or is being communicated;
and
(B) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(b) Written Procedures and Standards for Taking Corrective
Action.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this section.
(2) Inclusion of appropriate deadlines.--The procedures and
standards under paragraph (1) shall include appropriate
deadlines, based in part on the number of days remaining before
the upcoming election.
(3) Consultation.--In developing the procedures and
standards under paragraph (1), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this subtitle.
SEC. 3204. REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall submit to
Congress a report compiling all allegations received by the Attorney
General of deceptive practices described in paragraphs (2), (3), and
(4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as
added by section 3202(a), relating to the general election for Federal
office and any primary, runoff, or a special election for Federal
office held in the 2 years preceding the general election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons
toward whom the alleged deceptive practice was
directed;
(B) the status of the investigation of each
allegation described in subparagraph (A);
(C) a description of each corrective action taken
by the Attorney General under section 4(a) in response
to an allegation described in subparagraph (A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State,
or local agencies;
(E) to the extent information is available, a
description of any civil action instituted under
section 2004(c)(2) of the Revised Statutes (52 U.S.C.
10101(c)(2)), as added by section 3202(b), in
connection with an allegation described in subparagraph
(A); and
(F) a description of any criminal prosecution
instituted under section 594 of title 18, United States
Code, as amended by section 3202(c), in connection with
the receipt of an allegation described in subparagraph
(A) by the Attorney General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not
include in a report submitted under subsection (a) any
information protected from disclosure by rule 6(e) of
the Federal Rules of Criminal Procedure or any Federal
criminal statute.
(B) Exclusion of certain other information.--The
Attorney General may determine that the following
information shall not be included in a report submitted
under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing
investigation.
(iii) Any information concerning a criminal
or civil proceeding conducted under seal.
(iv) Any other nonpublic information that
the Attorney General determines the disclosure
of which could reasonably be expected to
infringe on the rights of any individual or
adversely affect the integrity of a pending or
future criminal investigation.
(c) Report Made Public.--On the date that the Attorney General
submits the report under subsection (a), the Attorney General shall
also make the report publicly available through the internet and other
appropriate means.
SEC. 3205. PRIVATE RIGHTS OF ACTION BY ELECTION OFFICIALS.
Subsection (c)(2) of section 2004 of the Revised Statutes (52
U.S.C. 10101(b)), as added by section 3202(b), is amended--
(1) by striking ``Any person'' and inserting the following:
``(A) In general.--Any person''; and
(2) by adding at the end the following new subparagraph:
``(B) Intimidation, etc.--
``(i) In general.--A person aggrieved by a
violation of subsection (b)(1) shall include,
without limitation, an officer responsible for
maintaining order and preventing intimidation,
threats, or coercion in or around a location at
which voters may cast their votes. .
``(ii) Corrective action.--If the Attorney
General receives a credible report that conduct
that violates or would be reasonably likely to
violate subsection (b)(1) has occurred or is
likely to occur, and if the Attorney General
determines that State and local officials have
not taken adequate steps to promptly
communicate that such conduct would violate
subsection (b)(1) or applicable State or local
laws, Attorney General shall communicate to the
public, by any means, including by means of
written, electronic, or telephonic
communications, accurate information designed
to convey the unlawfulness of proscribed
conduct under subsection (b)(1) and the
responsibilities of and resources available to
State and local officials to prevent or correct
such violations.''.
SEC. 3206. MAKING INTIMIDATION OF TABULATION, CANVAS, AND CERTIFICATION
EFFORTS A CRIME.
Section 12(1) of the National Voter Registration Act (52 U.S.C.
20511) is amended--
(1) in subparagraph (B), by striking ``or'' at the end; and
(2) by adding at the end the following new subparagraph:
``(D) processing or scanning ballots, or
tabulating, canvassing, or certifying voting results;
or''.
Subtitle D--Protection of Election Records & Election Infrastructure
SEC. 3301. STRENGTHEN PROTECTIONS FOR FEDERAL ELECTION RECORDS.
Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is
amended--
(1) by striking ``Every officer'' and inserting the
following:
``(a) In General.--Every officer'';
(2) by striking ``records and papers'' and inserting
``records (including electronic records), papers, and election
equipment'' each place the term appears;
(3) by striking ``record or paper'' and inserting ``record
(including electronic record), paper, or election equipment'';
(4) by inserting ``(but only under the direct
administrative supervision of an election officer).
Notwithstanding any other provision of this section, the paper
record of a voter's cast ballot shall remain the official
record of the cast ballot for purposes of this title'' after
``upon such custodian'';
(5) by inserting ``, or acts in reckless disregard of,''
after ``fails to comply with''; and
(6) by inserting after subsection (a) the following:
``(b) Election Equipment.--The requirement in subsection (a) to
preserve election equipment shall not be construed to prevent the reuse
of such equipment in any election that takes place within twenty-two
months of a Federal election described in subsection (a), provided that
all electronic records, files, and data from such equipment related to
such Federal election are retained and preserved.
``(c) Guidance.--Not later than 1 year after the date of enactment
of this subsection, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland Security,
in consultation with the Election Assistance Commission and the
Attorney General, shall issue guidance regarding compliance with
subsections (a) and (b), including minimum standards and best practices
for retaining and preserving records and papers in compliance with
subsection (a). Such guidance shall also include protocols for enabling
the observation of the preservation, security, and transfer of records
and papers described in subsection (a) by the Attorney General and by a
representative of each party, as defined by the Attorney General.''.
SEC. 3302. PENALTIES; INSPECTION; NONDISCLOSURE; JURISDICTION.
(a) Expansion of Scope of Penalties for Interference.--Section 302
of the Civil Rights Act of 1960 (52 U.S.C. 20702) is amended--
(1) by inserting ``, or whose reckless disregard of section
301 results in the theft, destruction, concealment, mutilation,
or alteration of,'' after ``or alters''; and
(2) by striking ``record or paper'' and inserting ``record
(including electronic record), paper, or election equipment''.
(b) Inspection, Reproduction, and Copying.--Section 303 of the
Civil Rights Act of 1960 (52 U.S.C. 20703) is amended by striking
``record or paper'' and inserting ``record (including electronic
record), paper, or election equipment'' each place the term appears.
(c) Nondisclosure.--Section 304 of the Civil Rights Act of 1960 (52
U.S.C. 20704) is amended by striking ``record or paper'' and inserting
``record (including electronic record), paper, or election equipment''.
(d) Jurisdiction to Compel Production.--Section 305 of the Civil
Rights Act of 1960 (52 U.S.C. 20705) is amended by striking ``record or
paper'' and inserting ``record (including electronic record), paper, or
election equipment'' each place the term appears.
SEC. 3303. JUDICIAL REVIEW TO ENSURE COMPLIANCE.
Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.)
is amended by adding at the end the following:
``SEC. 307. JUDICIAL REVIEW TO ENSURE COMPLIANCE.
``(a) Cause of Action.--The Attorney General, a representative of
the Attorney General, or a candidate in a Federal election described in
section 301 may bring an action in the district court of the United
States for the judicial district in which a record or paper is located,
or in the United States District Court for the District of Columbia, to
compel compliance with the requirements of section 301.
``(b) Duty to Expedite.--It shall be the duty of the court to
advance on the docket, and to expedite to the greatest possible extent
the disposition of, the action and any appeal under this section.''.
Subtitle E--Judicial Protection of the Right to Vote and Non-partisan
Vote Tabulation
SEC. 3401. UNDUE BURDENS ON THE ABILITY TO VOTE IN ELECTIONS FOR
FEDERAL OFFICE PROHIBITED.
(a) In General.--Every citizen of legal voting age shall have the
right to vote in elections for Federal office.
(b) Retrogression.--A government may not diminish the ability to
vote in an election for Federal office unless the law, rule, standard,
practice, procedure, or other governmental action causing the
diminishment is the least restrictive means of significantly furthering
an important, particularized government interest.
(c) Substantial Impairment.--A government may not substantially
impair the ability to vote in an election for Federal office unless the
law, rule, standard, practice, procedure, or other governmental action
causing the impairment significantly furthers an important,
particularized governmental interest.
SEC. 3402. JUDICIAL REVIEW.
(a) Civil Action.--An action challenging a violation of the rights
created by this subtitle may be brought in the district court for the
District of Columbia, or the district court for the district in which
the violation took place or where any defendant resides or does
business, at the selection of the plaintiff, to obtain all appropriate
relief, whether declaratory or injunctive, or facial or as-applied.
Process may be served in any district where a defendant resides, does
business, or may be found.
(b) Standards to Be Applied.--In a civil action under this section,
the following shall apply:
(1) Retrogression.--
(A) A plaintiff establishes a prima facie case of
retrogression under section 4401(b) by demonstrating by
a preponderance of the evidence that a rule, standard,
practice, procedure, or other governmental action
diminishes the ability, or otherwise makes it more
difficult, to vote.
(B) Once a plaintiff establishes a prima facie case
as described in subparagraph (A), the government shall
be provided an opportunity to demonstrate by clear and
convincing evidence that the diminishment is necessary
to significantly further an important, particularized
governmental interest.
(C) If the government meets its burden under
subparagraph (B), the challenged rule, standard,
practice, procedure, or other governmental action shall
nonetheless be deemed invalid if the plaintiff
demonstrates by a preponderance of the evidence that
the government could adopt or implement a less-
restrictive means of furthering the particular
important governmental interest.
(2) Substantial impairment.--
(A) A plaintiff establishes a prima facie case of
substantial impairment under section 4401(c) by
demonstrating by a preponderance of the evidence that a
rule, standard, practice, procedure, or other
governmental action substantially impairs the ability,
or makes it substantially difficult, to vote.
(B) Once a plaintiff establishes a prima facie case
as described in subparagraph (A), the government shall
be provided an opportunity to demonstrate by clear and
convincing evidence that the impairment significantly
furthers an important, particularized governmental
interest.
(c) Duty to Expedite.--It shall be the duty of the court to advance
on the docket and to expedite to the greatest reasonable extent the
disposition of the action and appeal under this section.
(d) Attorney's Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended--
(1) by striking ``or section 40302'' and inserting
``section 40302''; and
(2) by striking ``, the court'' and inserting ``, or
section 4402(a) of the Freedom to Vote Act, the court''.
SEC. 3403. DEFINITIONS.
In this subtitle--
(1) the terms ``election'' and ``Federal office'' have the
meanings given such terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101);
(2) the term ``government'' includes a branch, department,
agency, instrumentality, and official (or other person acting
under color of law) of the United States, of any State, or of
any political subdivision of any State;
(3) the term ``State'' means the District of Columbia, the
Commonwealth of Puerto Rico, and each territory and possession
of the United States; and
(4) the term ``vote'' means all actions necessary to make a
vote effective, including registration or other action required
by law as a prerequisite to voting, casting a ballot, and
having such ballot counted and included in the appropriate
totals of votes cast with respect to candidates for public
office for which votes are received in an election.
SEC. 3404. RULES OF CONSTRUCTION.
(a) Burdens Not Authorized.--Nothing in this subtitle may be
construed to authorize a government to burden the right to vote in
elections for Federal office.
(b) Other Rights and Remedies.--Nothing in this subtitle shall be
construed as indicating an intent on the part of Congress to alter any
rights existing under a State constitution or the Constitution of the
United States, or to limit any remedies for any other violations of
Federal, State, or local law.
(c) Other Provisions of This Act.--Nothing in this subtitle shall
be construed as affecting section 1703 of this Act (relating to rights
of citizens).
SEC. 3405. SEVERABILITY.
If any provision of this subtitle or the application of such
provision to any citizen or circumstance is held to be
unconstitutional, the remainder of this subtitle and the application of
the provisions of such to any citizen or circumstance shall not be
affected thereby.
SEC. 3406. EFFECTIVE DATE.
This subtitle shall apply with respect to any elections for Federal
office occurring on or after January 1, 2022.
Subtitle F--Poll Worker Recruitment and Training
SEC. 3501. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING.
(a) Grants by Election Assistance Commission.--
(1) In general.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall, subject to
the availability of appropriations provided to carry out this
section, make a grant to each eligible State for recruiting and
training individuals to serve as poll workers on dates of
elections for public office.
(2) Use of commission materials.--In carrying out
activities with a grant provided under this section, the
recipient of the grant shall use the manual prepared by the
Commission on successful practices for poll worker recruiting,
training, and retention as an interactive training tool, and
shall develop training programs with the participation and
input of experts in adult learning.
(3) Access and cultural considerations.--The Commission
shall ensure that the manual described in paragraph (2)
provides training in methods that will enable poll workers to
provide access and delivery of services in a culturally
competent manner to all voters who use their services,
including those with limited English proficiency, diverse
cultural and ethnic backgrounds, disabilities, and regardless
of gender, sexual orientation, or gender identity. These
methods must ensure that each voter will have access to poll
worker services that are delivered in a manner that meets the
unique needs of the voter.
(b) Requirements for Eligibility.--
(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for the
payment to the Commission at such time and in such manner and
containing such information as the Commission shall require.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought;
(B) provide assurances that the funds provided
under this section will be used to supplement and not
supplant other funds used to carry out the activities;
(C) provide assurances that the State will furnish
the Commission with information on the number of
individuals who served as poll workers after
recruitment and training with the funds provided under
this section;
(D) provide assurances that the State will dedicate
poll worker recruitment efforts with respect to--
(i) youth and minors, including by
recruiting at institutions of higher education
and secondary education; and
(ii) diversity, including with respect to
race, ethnicity, and disability; and
(E) provide such additional information and
certifications as the Commission determines to be
essential to ensure compliance with the requirements of
this section.
(c) Amount of Grant.--
(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
(A) the aggregate amount made available for grants
to States under this section; and
(B) the voting age population percentage for the
State.
(2) Voting age population percentage defined.--In paragraph
(1), the ``voting age population percentage'' for a State is
the quotient of--
(A) the voting age population of the State (as
determined on the basis of the most recent information
available from the Bureau of the Census); and
(B) the total voting age population of all States
(as determined on the basis of the most recent
information available from the Bureau of the Census).
(d) Reports to Congress.--
(1) Reports by recipients of grants.--Not later than 6
months after the date on which the final grant is made under
this section, each recipient of a grant shall submit a report
to the Commission on the activities conducted with the funds
provided by the grant.
(2) Reports by commission.--Not later than 1 year after the
date on which the final grant is made under this section, the
Commission shall submit a report to Congress on the grants made
under this section and the activities carried out by recipients
with the grants, and shall include in the report such
recommendations as the Commission considers appropriate.
(e) Funding.--
(1) Continuing availability of amount appropriated.--Any
amount appropriated to carry out this section shall remain
available without fiscal year limitation until expended.
(2) Administrative expenses.--Of the amount appropriated
for any fiscal year to carry out this section, not more than 3
percent shall be available for administrative expenses of the
Commission.
SEC. 3502. STATE DEFINED.
In this subtitle, the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
Subtitle G--Preventing Poll Observer Interference
SEC. 3601. PROTECTIONS FOR VOTERS ON ELECTION DAY.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. VOTER PROTECTION REQUIREMENTS.
``(a) Requirements for Challenges by Persons Other Than Election
Officials.--
``(1) Requirements for challenges.--No person, other than a
State or local election official, shall submit a formal
challenge to an individual's eligibility to register to vote in
an election for Federal office or to vote in an election for
Federal office unless that challenge is supported by personal
knowledge with respect to each individual challenged regarding
the grounds for ineligibility which is--
``(A) documented in writing; and
``(B) subject to an oath or attestation under
penalty of perjury that the challenger has a good faith
factual basis to believe that the individual who is the
subject of the challenge is ineligible to register to
vote or vote in that election, except a challenge which
is based on the race, ethnicity, or national origin of
the individual who is the subject of the challenge may
not be considered to have a good faith factual basis
for purposes of this paragraph.
``(2) Prohibition on challenges on or near date of
election.--No person, other than a State or local election
official, shall be permitted--
``(A) to challenge an individual's eligibility to
vote in an election for Federal office on Election Day
on grounds that could have been made in advance of such
day, or
``(B) to challenge an individual's eligibility to
register to vote in an election for Federal office or
to vote in an election for Federal office less than 10
days before the election unless the individual
registered to vote less than 20 days before the
election.
``(b) Buffer Rule.--
``(1) In general.--A person who is serving as a poll
observer with respect to an election for Federal office may not
come within 8 feet of--
``(A) a voter or ballot at a polling location
during any period of voting (including any period of
early voting) in such election; or
``(B) a ballot at any time during which the
processing, scanning, tabulating, canvassing, or
certifying voting results is occurring.
``(2) Rule of construction.--Nothing in paragraph (1) may
be construed to limit the ability of a State or local election
official to require poll observers to maintain a distance
greater than 8 feet.
``(c) Effective Date.--This section shall apply with respect to
elections for Federal office occurring on and after January 1, 2022.''.
(b) Conforming Amendment Relating to Voluntary Guidance.--Section
321(b)(4) of such Act (52 U.S.C. 21101(b)), as added and redesignated
by section 1101(b) and as amended by sections 1102, 1103, 1104, and
1303, is amended by striking ``and 313'' and inserting ``313, and
303A''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following:
``Sec. 303A. Voter protection requirements.''.
Subtitle H--Preventing Restrictions on Food and Beverages
SEC. 3701. FINDINGS.
Congress finds the following:
(1) States have a legitimate interest in prohibiting
electioneering at or near polling places, and each State has
some form of restriction on political activities near polling
places when voting is taking place.
(2) In recent elections, voters have waited in unacceptably
long lines to cast their ballot. During the 2018 midterm
election, more than 3,000,000 voters were made to wait longer
than the acceptable threshold for wait times set by the
Presidential Commission on Election Administration, including
many well-documented cases where voters were made to wait for
several hours. A disproportionate number of those who had to
wait long periods were Black or Latino voters, who were more
likely than White voters to wait in the longest lines on
Election Day.
(3) Allowing volunteers to donate food and water to all
people waiting in line at a polling place, regardless of the
voters' political preference and without engaging in
electioneering activities or partisan advocacy, helps ensure
Americans who face long lines at their polling place can still
exercise their Constitutional right to vote, without risk of
dehydration, inadequate food, discomfort, and risks to health.
SEC. 3702. PROHIBITING RESTRICTIONS ON DONATIONS OF FOOD AND BEVERAGES
AT POLLING STATIONS.
(a) Requirement.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1044(a), section 1101(a), section 1102(a), section 1103(a),
section 1104(a), section 1201(a), section 1301(a), section 1302(a),
section 1303(b), section 1305(a), section 1607(a)(1), section 1608(a),
and section 1624(a) is amended--
(1) by redesignating sections 318 and 319 as sections 319
and 320, respectively; and
(2) by inserting after section 317 the following new
section:
``SEC. 318. PROHIBITING STATES FROM RESTRICTING DONATIONS OF FOOD AND
BEVERAGES AT POLLING STATIONS.
``(a) Prohibition.--Subject to the exception in subsection (b), a
State may not impose any restriction on the donation of food and
nonalcoholic beverages to persons outside of the entrance to the
building where a polling place for a Federal election is located,
provided that such food and nonalcoholic beverages are distributed
without regard to the electoral participation or political preferences
of the recipients.
``(b) Exception.--A State may require persons distributing food and
nonalcoholic beverages outside the entrance to the building where a
polling place for a Federal election is located to refrain from
political or electioneering activity.
``(c) Effective Date.--This section shall apply with respect to
elections for Federal office occurring on and after January 1, 2022.''.
(b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 U.S.C.
21101(b)), as added and redesignated by section 1101(b) and as amended
by sections 1102, 1103, 1104, 1303, and 3601(b), is amended by striking
``and 303A'' and inserting ``303A, and 317''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1044(b), section 1101(c), section
1102(c), section 1103(a), section 1104(c), section 1201(c), section
1301(a), section 1302(a), section 1303(b), section 1305(a), section
1607(a)(3), section 1608(b), and section 1624(b) is amended--
(1) by redesignating the items relating to sections 318 and
319 as relating to sections 319 and 320, respectively; and
(2) by inserting after the item relating to section 317 the
following new item:
``Sec. 318. Prohibiting States from restricting donations of food and
beverages at polling stations.''.
Subtitle I--Establishing Duty to Report Foreign Election Interference
SEC. 3801. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR
DEMOCRACY.
Congress finds the following:
(1) Criminals, terrorists, and corrupt government officials
frequently abuse anonymously held Limited Liability Companies
(LLCs), also known as ``shell companies,'' to hide, move, and
launder the dirty money derived from illicit activities such as
trafficking, bribery, exploitation, and embezzlement. Ownership
and control of the finances that run through shell companies
are obscured to regulators and law enforcement because little
information is required and collected when establishing these
entities.
(2) The public release of the ``Panama Papers'' in 2016 and
the ``Paradise Papers'' in 2017 revealed that these shell
companies often purchase and sell United States real estate.
United States anti-money laundering laws do not apply to cash
transactions involving real estate effectively concealing the
beneficiaries and transactions from regulators and law
enforcement.
(3) Since the Supreme Court's decisions in Citizens United
v. Federal Election Commission, 558 U.S. 310 (2010), millions
of dollars have flowed into super PACs through LLCs whose
funders are anonymous or intentionally obscured. Criminal
investigations have uncovered LLCs that were used to hide
illegal campaign contributions from foreign criminal fugitives,
to advance international influence-buying schemes, and to
conceal contributions from donors who were already under
investigation for bribery and racketeering. Voters have no way
to know the true sources of the money being routed through
these LLCs to influence elections, including whether any of the
funds come from foreign or other illicit sources.
(4) Congress should curb the use of anonymous shell
companies for illicit purposes by requiring United States
companies to disclose their beneficial owners, strengthening
anti-money laundering and counter-terrorism finance laws.
(5) Congress should examine the money laundering and
terrorist financing risks in the real estate market, including
the role of anonymous parties, and review legislation to
address any vulnerabilities identified in this sector.
(6) Congress should examine the methods by which corruption
flourishes and the means to detect and deter the financial
misconduct that fuels this driver of global instability.
Congress should monitor government efforts to enforce United
States anticorruption laws and regulations.
SEC. 3802. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.
(a) Initial Notice.--
(1) In general.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at
the end the following new subsection:
``(j) Disclosure of Reportable Foreign Contacts.--
``(1) Committee obligation to notify.--Not later than 1
week after a reportable foreign contact, each political
committee shall notify the Federal Bureau of Investigation and
the Commission of the reportable foreign contact and provide a
summary of the circumstances with respect to such reportable
foreign contact. The Federal Bureau of Investigation, not later
than 1 week after receiving a notification from a political
committee under this paragraph, shall submit to the political
committee, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on
Intelligence of the Senate written or electronic confirmation
of receipt of the notification.
``(2) Individual obligation to notify.--Not later than 3
days after a reportable foreign contact--
``(A) each candidate and each immediate family
member of a candidate shall notify the treasurer or
other designated official of the principal campaign
committee of such candidate of the reportable foreign
contact and provide a summary of the circumstances with
respect to such reportable foreign contact; and
``(B) each official, employee, or agent of a
political committee shall notify the treasurer or other
designated official of the committee of the reportable
foreign contact and provide a summary of the
circumstances with respect to such reportable foreign
contact.
``(3) Reportable foreign contact.--In this subsection:
``(A) In general.--The term `reportable foreign
contact' means any direct or indirect contact or
communication that--
``(i) is between--
``(I) a candidate, an immediate
family member of the candidate, a
political committee, or any official,
employee, or agent of such committee;
and
``(II) an individual that the
person described in subclause (I)
knows, has reason to know, or
reasonably believes is a covered
foreign national; and
``(ii) the person described in clause
(i)(I) knows, has reason to know, or reasonably
believes involves--
``(I) an offer or other proposal
for a contribution, donation,
expenditure, disbursement, or
solicitation described in section 319;
or
``(II) coordination or
collaboration with, an offer or
provision of information or services to
or from, or persistent and repeated
contact with, a covered foreign
national in connection with an
election.
``(B) Exceptions.--
``(i) Contacts in official capacity as
elected official.--The term `reportable foreign
contact' shall not include any contact or
communication with a covered foreign national
by an elected official or an employee of an
elected official solely in an official capacity
as such an official or employee.
``(ii) Contacts for purposes of enabling
observation of elections by international
observers.--The term `reportable foreign
contact' shall not include any contact or
communication with a covered foreign national
by any person which is made for purposes of
enabling the observation of elections in the
United States by a foreign national or the
observation of elections outside of the United
States by a candidate, political committee, or
any official, employee, or agent of such
committee.
``(iii) Exceptions not applicable if
contacts or communications involve prohibited
disbursements.--A contact or communication by
an elected official or an employee of an
elected official shall not be considered to be
made solely in an official capacity for
purposes of clause (i), and a contact or
communication shall not be considered to be
made for purposes of enabling the observation
of elections for purposes of clause (ii), if
the contact or communication involves a
contribution, donation, expenditure,
disbursement, or solicitation described in
section 319.
``(C) Covered foreign national defined.--
``(i) In general.--In this paragraph, the
term `covered foreign national' means--
``(I) a foreign principal (as
defined in section 1(b) of the Foreign
Agents Registration Act of 1938 (22
U.S.C. 611(b)) that is a government of
a foreign country or a foreign
political party;
``(II) any person who acts as an
agent, representative, employee, or
servant, or any person who acts in any
other capacity at the order, request,
or under the direction or control, of a
foreign principal described in
subclause (I) or of a person any of
whose activities are directly or
indirectly supervised, directed,
controlled, financed, or subsidized in
whole or in major part by a foreign
principal described in subclause (I);
or
``(III) any person included in the
list of specially designated nationals
and blocked persons maintained by the
Office of Foreign Assets Control of the
Department of the Treasury pursuant to
authorities relating to the imposition
of sanctions relating to the conduct of
a foreign principal described in
subclause (I).
``(ii) Clarification regarding application
to citizens of the united states.--In the case
of a citizen of the United States, subclause
(II) of clause (i) applies only to the extent
that the person involved acts within the scope
of that person's status as the agent of a
foreign principal described in subclause (I) of
clause (i).
``(4) Immediate family member.--In this subsection, the
term `immediate family member' means, with respect to a
candidate, a parent, parent-in-law, spouse, adult child, or
sibling.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reportable foreign contacts which
occur on or after the date of the enactment of this Act.
(b) Information Included on Report.--
(1) In general.--Section 304(b) of such Act (52 U.S.C.
30104(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(9) for any reportable foreign contact (as defined in
subsection (j)(3))--
``(A) the date, time, and location of the contact;
``(B) the date and time of when a designated
official of the committee was notified of the contact;
``(C) the identity of individuals involved; and
``(D) a description of the contact, including the
nature of any contribution, donation, expenditure,
disbursement, or solicitation involved and the nature
of any activity described in subsection
(j)(3)(A)(ii)(II) involved.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to reports filed on or after the
expiration of the 60-day period which begins on the date of the
enactment of this Act.
SEC. 3803. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE
SYSTEM.
(a) In General.--Section 302 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30102) is amended by adding at the end the following
new subsection:
``(j) Reportable Foreign Contacts Compliance Policy.--
``(1) Reporting.--Each political committee shall establish
a policy that requires all officials, employees, and agents of
such committee (and, in the case of an authorized committee,
the candidate and each immediate family member of the
candidate) to notify the treasurer or other appropriate
designated official of the committee of any reportable foreign
contact (as defined in section 304(j)) not later than 3 days
after such contact was made.
``(2) Retention and preservation of records.--Each
political committee shall establish a policy that provides for
the retention and preservation of records and information
related to reportable foreign contacts (as so defined) for a
period of not less than 3 years.
``(3) Certification.--
``(A) In general.--Upon filing its statement of
organization under section 303(a), and with each report
filed under section 304(a), the treasurer of each
political committee (other than an authorized
committee) shall certify that--
``(i) the committee has in place policies
that meet the requirements of paragraphs (1)
and (2);
``(ii) the committee has designated an
official to monitor compliance with such
policies; and
``(iii) not later than 1 week after the
beginning of any formal or informal affiliation
with the committee, all officials, employees,
and agents of such committee will--
``(I) receive notice of such
policies;
``(II) be informed of the
prohibitions under section 319; and
``(III) sign a certification
affirming their understanding of such
policies and prohibitions.
``(B) Authorized committees.--With respect to an
authorized committee, the candidate shall make the
certification required under subparagraph (A).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file a
statement of organization under section 303(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after
the date of the enactment of this Act.
(2) Transition rule for existing committees.--Not later
than 30 days after the date of the enactment of this Act, each
political committee under the Federal Election Campaign Act of
1971 shall file a certification with the Federal Election
Commission that the committee is in compliance with the
requirements of section 302(j) of such Act (as added by
subsection (a)).
SEC. 3804. CRIMINAL PENALTIES.
Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30109(d)(1)) is amended by adding at the end the following new
subparagraphs:
``(E) Any person who knowingly and willfully commits a violation of
subsection (j) or (b)(9) of section 304 or section 302(j) shall be
fined not more than $500,000, imprisoned not more than 5 years, or
both.
``(F) Any person who knowingly and willfully conceals or destroys
any materials relating to a reportable foreign contact (as defined in
section 304(j)) shall be fined not more than $1,000,000, imprisoned not
more than 5 years, or both.''.
SEC. 3805. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Director of the Federal
Bureau of Investigation shall submit to the congressional intelligence
committees a report relating to notifications received by the Federal
Bureau of Investigation under section 304(j)(1) of the Federal Election
Campaign Act of 1971 (as added by section 4902(a) of this Act).
(b) Elements.--Each report under subsection (a) shall include, at a
minimum, the following with respect to notifications described in
subsection (a):
(1) The number of such notifications received from
political committees during the year covered by the report.
(2) A description of protocols and procedures developed by
the Federal Bureau of Investigation relating to receipt and
maintenance of records relating to such notifications.
(3) With respect to such notifications received during the
year covered by the report, a description of any subsequent
actions taken by the Director resulting from the receipt of
such notifications.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' has the
meaning given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 3806. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this subtitle
shall be construed--
(1) to impede legitimate journalistic activities; or
(2) to impose any additional limitation on the right to
express political views or to participate in public discourse
of any individual who--
(A) resides in the United States;
(B) is not a citizen of the United States or a
national of the United States, as defined in section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)); and
(C) is not lawfully admitted for permanent
residence, as defined by section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
Verifiable Permanent Paper Ballot
SEC. 3901. SHORT TITLE.
This subtitle may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2021''.
SEC. 3902. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.
(a) In General.--Section 301(a)(2) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
``(2) Paper ballot requirement.--
``(A) Voter-verifiable paper ballots.--
``(i) The voting system shall require the
use of an individual, durable, voter-verifiable
paper ballot of the voter's vote selections
that shall be marked by the voter and presented
to the voter for verification before the
voter's ballot is preserved in accordance with
subparagraph (B), and which shall be counted by
hand or other counting device or read by a
ballot tabulation device. For purposes of this
subclause, the term `individual, durable,
voter-verifiable paper ballot' means a paper
ballot marked by the voter by hand or a paper
ballot marked through the use of a
nontabulating ballot marking device or system,
so long as the voter shall have the option at
every in-person voting location to mark by hand
a printed ballot that includes all relevant
contests and candidates.
``(ii) The voting system shall provide the
voter with an opportunity to correct any error
on the paper ballot before the permanent voter-
verifiable paper ballot is preserved in
accordance with subparagraph (B).
``(iii) The voting system shall not
preserve the voter-verifiable paper ballots in
any manner that makes it possible, at any time
after the ballot has been cast, to associate a
voter with the record of the voter's vote
selections.
``(iv) The voting system shall prevent,
through mechanical means or through
independently verified protections, the
modification or addition of vote selections on
a printed or marked ballot at any time after
the voter has been provided an opportunity to
correct errors on the ballot pursuant to clause
(ii).
``(B) Preservation as official record.--The
individual, durable, voter-verifiable paper ballot used
in accordance with subparagraph (A) shall constitute
the official ballot and shall be preserved and used as
the official ballot for purposes of any recount or
audit conducted with respect to any election for
Federal office in which the voting system is used.
``(C) Manual counting requirements for recounts and
audits.--
``(i) Each paper ballot used pursuant to
subparagraph (A) shall be suitable for a manual
audit, and such ballots, or at least those
ballots the machine could not count, shall be
counted by hand in any recount or audit
conducted with respect to any election for
Federal office.
``(ii) In the event of any inconsistencies
or irregularities between any electronic vote
tallies and the vote tallies determined by
counting by hand the individual, durable,
voter-verifiable paper ballots used pursuant to
subparagraph (A), the individual, durable,
voter-verifiable paper ballots shall be the
true and correct record of the votes cast.
``(D) Sense of congress.--It is the sense of
Congress that as innovation occurs in the election
infrastructure sector, Congress should ensure that this
Act and other Federal requirements for voting systems
are updated to keep pace with best practices and
recommendations for security and accessibility.''.
(b) Conforming Amendment Clarifying Applicability of Alternative
Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C.
21081(a)(4)) is amended by inserting ``(including the paper ballots
required to be used under paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52
U.S.C. 21081(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each
place it appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)''.
SEC. 3903. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Paragraph (3) of section 301(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is amended to read as
follows:
``(3) Accessibility for individuals with disabilities.--
``(A) In general.--The voting system shall--
``(i) be accessible for individuals with
disabilities, including nonvisual accessibility
for the blind and visually impaired, in a
manner that provides the same opportunity for
access and participation (including privacy and
independence) as for other voters;
``(ii)(I) ensure that individuals with
disabilities and others are given an equivalent
opportunity to vote, including with privacy and
independence, in a manner that produces a
voter-verifiable paper ballot; and
``(II) satisfy the requirement of clause
(i) through the use at in-person polling
locations of a sufficient number (not less than
one) of voting systems equipped to serve
individuals with and without disabilities,
including nonvisual and enhanced visual
accessibility for the blind and visually
impaired, and nonmanual and enhanced manual
accessibility for the mobility and dexterity
impaired; and
``(iii) if purchased with funds made
available under title II on or after January 1,
2007, meet the voting system standards for
disability access (as outlined in this
paragraph).
``(B) Means of meeting requirements.--A voting
system may meet the requirements of subparagraph (A)(i)
and paragraph (2) by--
``(i) allowing the voter to privately and
independently verify the permanent paper ballot
through the presentation, in accessible form,
of the printed or marked vote selections from
the same printed or marked information that
would be used for any vote tabulation or
auditing;
``(ii) allowing the voter to privately and
independently verify and cast the permanent
paper ballot without requiring the voter to
manually handle the paper ballot;
``(iii) marking ballots that are identical
in size, ink, and paper stock to those ballots
that would either be marked by hand or be
marked by a ballot marking device made
generally available to voters; or
``(iv) combining ballots produced by any
ballot marking devices reserved for individuals
with disabilities with ballots that have either
been marked by voters by hand or marked by
ballot marking devices made generally available
to voters, in a way that prevents
identification of the ballots that were cast
using any ballot marking device that was
reserved for individuals with disabilities.
``(C) Sufficient number.--For purposes of
subparagraph (A)(ii)(II), the sufficient number of
voting systems for any in-person polling location shall
be determined based on guidance from the Attorney
General, in consultation with the Architectural and
Transportation Barriers Compliance Board established
under section 502(a)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the
United States Access Board) and the Commission.''.
(b) Specific Requirement of Study, Testing, and Development of
Accessible Voting Options.--
(1) Study and reporting.--Subtitle C of title II of such
Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248;
and
(B) by inserting after section 246 the following
new section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS.
``(a) Grants to Study and Report.--The Commission, in coordination
with the Access Board and the Cybersecurity and Infrastructure Security
Agency, shall make grants to not fewer than 2 eligible entities to
study, test, and develop--
``(1) accessible and secure remote voting systems;
``(2) voting, verification, and casting devices to enhance
the accessibility of voting and verification for individuals
with disabilities; or
``(3) both of the matters described in paragraph (1) and
(2).
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Commission (at such time and in such
form as the Commission may require) an application containing--
``(1) a certification that the entity shall complete the
activities carried out with the grant not later than January 1,
2024; and
``(2) such other information and certifications as the
Commission may require.
``(c) Availability of Technology.--Any technology developed with
the grants made under this section shall be treated as non-proprietary
and shall be made available to the public, including to manufacturers
of voting systems.
``(d) Coordination With Grants for Technology Improvements.--The
Commission shall carry out this section so that the activities carried
out with the grants made under subsection (a) are coordinated with the
research conducted under the grant program carried out by the
Commission under section 271, to the extent that the Commission
determine necessary to provide for the advancement of accessible voting
technology.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $10,000,000, to remain
available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section
247 as relating to section 248; and
(B) by inserting after the item relating to section
246 the following new item:
``Sec. 247. Study and report on accessible voting options.''.
(c) Clarification of Accessibility Standards Under Voluntary Voting
System Guidance.--In adopting any voluntary guidance under subtitle B
of title III of the Help America Vote Act with respect to the
accessibility of the paper ballot verification requirements for
individuals with disabilities, the Election Assistance Commission shall
include and apply the same accessibility standards applicable under the
voluntary guidance adopted for accessible voting systems under such
subtitle.
(d) Permitting Use of Funds for Protection and Advocacy Systems To
Support Actions To Enforce Election-Related Disability Access.--Section
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is
amended by striking ``; except that'' and all that follows and
inserting a period.
SEC. 3904. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)) is amended by adding at the end the following new paragraph:
``(7) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verifiable
paper ballots required to be used under this
Act shall be marked or printed on durable
paper.
``(ii) Definition.--For purposes of this
Act, paper is `durable' if it is capable of
withstanding multiple counts and recounts by
hand without compromising the fundamental
integrity of the ballots, and capable of
retaining the information marked or printed on
them for the full duration of a retention and
preservation period of 22 months.
``(B) Readability requirements for paper ballots
marked by ballot marking device.--All voter-verifiable
paper ballots completed by the voter through the use of
a ballot marking device shall be clearly readable by
the voter without assistance (other than eyeglasses or
other personal vision enhancing devices) and by a
ballot tabulation device or other device equipped for
individuals with disabilities.''.
SEC. 3905. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.
(a) Study.--The Election Assistance Commission shall conduct a
study of the best ways to design ballots used in elections for public
office, including paper ballots and electronic or digital ballots, to
minimize confusion and user errors.
(b) Report.--Not later than January 1, 2022, the Election
Assistance Commission shall submit to Congress a report on the study
conducted under subsection (a).
SEC. 3906. BALLOT MARKING DEVICE CYBERSECURITY REQUIREMENTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)), as amended by section 3914, is further amended by adding at
the end the following new paragraphs:
``(8) Prohibition of use of wireless communications devices
in systems or devices.--No system or device upon which ballot
marking devices or ballot tabulation devices are configured,
upon which ballots are marked by voters at a polling place
(except as necessary for individuals with disabilities to use
ballot marking devices that meet the accessibility requirements
of paragraph (3)), or upon which votes are cast, tabulated, or
aggregated shall contain, use, or be accessible by any
wireless, power-line, or concealed communication device.
``(9) Prohibiting connection of system to the internet.--No
system or device upon which ballot marking devices or ballot
tabulation devices are configured, upon which ballots are
marked by voters at a voting place, or upon which votes are
cast, tabulated, or aggregated shall be connected to the
internet or any non-local computer system via telephone or
other communication network at any time.''.
SEC. 3907. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C.
21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1, 2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the requirements of this
section which are first imposed on a State or
jurisdiction pursuant to the amendments made by the
Voter Confidence and Increased Accessibility Act of
2021 shall apply with respect to voting systems used
for any election for Federal office held in 2022 or any
succeeding year.
``(B) Special rule for jurisdictions using certain
paper record printers or certain systems using or
producing voter-verifiable paper records in 2020.--
``(i) In general.--In the case of a
jurisdiction described in clause (ii), the
requirements of paragraphs (2)(A)(i) and (7) of
subsection (a) (as amended or added by the
Voter Confidence and Increased Accessibility
Act of 2021) shall not apply before the date on
which the jurisdiction replaces the printers or
systems described in clause (ii)(I) for use in
the administration of elections for Federal
office.
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is a
jurisdiction--
``(I) which used voter-verifiable
paper record printers attached to
direct recording electronic voting
machines, or which used other voting
systems that used or produced paper
records of the vote verifiable by
voters but that are not in compliance
with paragraphs (2)(A)(i) and (7) of
subsection (a) (as amended or added by
the Voter Confidence and Increased
Accessibility Act of 2021), for the
administration of the regularly
scheduled general election for Federal
office held in November 2020; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before the
applicable year.
``(iii) Mandatory availability of paper
ballots at polling places using grandfathered
printers and systems.--
``(I) Requiring ballots to be
offered and provided.--The appropriate
election official at each polling place
that uses a printer or system described
in clause (ii)(I) for the
administration of elections for Federal
office shall offer each individual who
is eligible to cast a vote in the
election at the polling place the
opportunity to cast the vote using a
blank printed paper ballot which the
individual may mark by hand and which
is not produced by the direct recording
electronic voting machine or other such
system. The official shall provide the
individual with the ballot and the
supplies necessary to mark the ballot,
and shall ensure (to the greatest
extent practicable) that the waiting
period for the individual to cast a
vote is the lesser of 30 minutes or the
average waiting period for an
individual who does not agree to cast
the vote using such a paper ballot
under this clause.
``(II) Treatment of ballot.--Any
paper ballot which is cast by an
individual under this clause shall be
counted and otherwise treated as a
regular ballot for all purposes
(including by incorporating it into the
final unofficial vote count (as defined
by the State) for the precinct) and not
as a provisional ballot, unless the
individual casting the ballot would
have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The
appropriate election official shall
ensure there is prominently displayed
at each polling place a notice that
describes the obligation of the
official to offer individuals the
opportunity to cast votes using a
printed blank paper ballot. The notice
shall comply with the requirements of
section 203 of the Voting Rights Act of
1965 (52 U.S.C. 10503).
``(IV) Training of election
officials.--The chief State election
official shall ensure that election
officials at polling places in the
State are aware of the requirements of
this clause, including the requirement
to display a notice under subclause
(III), and are aware that it is a
violation of the requirements of this
title for an election official to fail
to offer an individual the opportunity
to cast a vote using a blank printed
paper ballot.
``(V) Period of applicability.--The
requirements of this clause apply only
during the period beginning on January
1, 2022, and ending on the date on
which the which the jurisdiction
replaces the printers or systems
described in clause (ii)(I) for use in
the administration of elections for
Federal office.
``(C) Delay for certain jurisdictions using voting
systems with wireless communication devices or internet
connections.--
``(i) Delay.--In the case of a jurisdiction
described in clause (ii), subparagraph (A)
shall apply to a voting system in the
jurisdiction as if the reference in such
subparagraph to `2022' were a reference to `the
applicable year', but only with respect to the
following requirements of this section.
``(I) Paragraph (8) of subsection
(a) (relating to prohibition of
wireless communication devices)
``(II) Paragraph (9) of subsection
(a) (relating to prohibition of
connecting systems to the internet)
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is a
jurisdiction--
``(I) which used a voting system
which is not in compliance with
paragraphs (8) or (9) of subsection (a)
(as amended or added by the Voter
Confidence and Increased Accessibility
Act of 2021) for the administration of
the regularly scheduled general
election for Federal office held in
November 2020;
``(II) which was not able, to all
extent practicable, to comply with
paragraph (8) and (9) of subsection (a)
before January 1, 2022; and
``(III) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before the
applicable year.
``(iii) Applicable year.--
``(I) In general.--Except as
provided in subclause (II), the term
`applicable year' means 2026.
``(II) Extension.--If a State or
jurisdiction certifies to the
Commission not later than January 1,
2026, that the State or jurisdiction
will not meet the requirements
described in subclauses (I) and (II) of
clause (i) by such date because it
would be impractical to do so and
includes in the certification the
reasons for the failure to meet the
deadline, the term `applicable year'
means 2030.''.
SEC. 3908. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.
(a) Availability of Grants.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 1302(c), is amended by adding at the end the following
new part:
``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS
``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.
``(a) Availability and Use of Grant.--
``(1) In general.--The Commission shall make a grant to
each eligible State--
``(A) to replace a voting system--
``(i) which does not meet the requirements
which are first imposed on the State pursuant
to the amendments made by the Voter Confidence
and Increased Accessibility Act of 2021 with a
voting system which--
``(I) does meet such requirements;
and
``(II) in the case of a
grandfathered voting system (as defined
in paragraph (2)), is in compliance
with the most recent voluntary voting
system guidelines; or
``(ii) which does meet such requirements
but which is not in compliance with the most
recent voluntary voting system guidelines with
another system which does meet such
requirements and is in compliance with such
guidelines;
``(B) to carry out voting system security
improvements described in section 298A with respect to
the regularly scheduled general election for Federal
office held in November 2022 and each succeeding
election for Federal office;
``(C) to implement and model best practices for
ballot design, ballot instructions, and the testing of
ballots; and
``(D) to purchase or acquire accessible voting
systems that meet the requirements of paragraph (2) and
paragraph (3)(A)(i) of section 301(a) by the means
described in paragraph (3)(B) of such section.
``(2) Definition of grandfathered voting system.--In this
subsection, the term `grandfathered voting system' means a
voting system that is used by a jurisdiction described in
subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).
``(b) Amount of Payment.--
``(1) In general.--The amount of payment made to an
eligible State under this section shall be the minimum payment
amount described in paragraph (2) plus the voting age
population proportion amount described in paragraph (3).
``(2) Minimum payment amount.--The minimum payment amount
described in this paragraph is--
``(A) in the case of any of the several States or
the District of Columbia, one-half of 1 percent of the
aggregate amount made available for payments under this
section; and
``(B) in the case of the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin
Islands, or the Commonwealth of the Northern Mariana
Islands, one-tenth of 1 percent of such aggregate
amount.
``(3) Voting age population proportion amount.--The voting
age population proportion amount described in this paragraph is
the product of--
``(A) the aggregate amount made available for
payments under this section minus the total of all of
the minimum payment amounts determined under paragraph
(2); and
``(B) the voting age population proportion for the
State (as defined in paragraph (4)).
``(4) Voting age population proportion defined.--The term
`voting age population proportion' means, with respect to a
State, the amount equal to the quotient of--
``(A) the voting age population of the State (as
reported in the most recent decennial census); and
``(B) the total voting age population of all States
(as reported in the most recent decennial census).
``(5) Requirement relating to purchase of accessible voting
systems.--An eligible State shall use not less than 10 percent
of funds received by the State under this section to purchase
accessible voting systems described in subsection (a)(1)(D).
``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.
``(a) Permitted Uses.--A voting system security improvement
described in this section is any of the following:
``(1) The acquisition of goods and services from qualified
election infrastructure vendors by purchase, lease, or such
other arrangements as may be appropriate.
``(2) Cyber and risk mitigation training.
``(3) A security risk and vulnerability assessment of the
State's election infrastructure (as defined in section 3908(b)
of the Voter Confidence and Increased Accessibility Act of
2021) which is carried out by a provider of cybersecurity
services under a contract entered into between the chief State
election official and the provider.
``(4) The maintenance of infrastructure used for elections,
including addressing risks and vulnerabilities which are
identified under either of the security risk and vulnerability
assessments described in paragraph (3), except that none of the
funds provided under this part may be used to renovate or
replace a building or facility which is not a primary provider
of information technology services for the administration of
elections, and which is used primarily for purposes other than
the administration of elections for public office.
``(5) Providing increased technical support for any
information technology infrastructure that the chief State
election official deems to be part of the State's election
infrastructure (as so defined) or designates as critical to the
operation of the State's election infrastructure (as so
defined).
``(6) Enhancing the cybersecurity and operations of the
information technology infrastructure described in paragraph
(4).
``(7) Enhancing the cybersecurity of voter registration
systems.
``(b) Qualified Election Infrastructure Vendors Described.--For
purposes of this part, a `qualified election infrastructure vendor' is
any person who provides, supports, or maintains, or who seeks to
provide, support, or maintain, election infrastructure (as defined in
section 3908(b) of the Voter Confidence and Increased Accessibility Act
of 2021) on behalf of a State, unit of local government, or election
agency (as defined in section 3908(b) of such Act) who meets the
criteria described in section 3908(b) of such Act.
``SEC. 298B. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the
State submits to the Commission, at such time and in such form as the
Commission may require, an application containing--
``(1) a description of how the State will use the grant to
carry out the activities authorized under this part;
``(2) a certification and assurance that, not later than 5
years after receiving the grant, the State will carry out
voting system security improvements, as described in section
298A; and
``(3) such other information and assurances as the
Commission may require.
``SEC. 298C. REPORTS TO CONGRESS.
``Not later than 90 days after the end of each fiscal year, the
Commission shall submit a report to the Committees on Homeland
Security, House Administration, and the Judiciary of the House of
Representatives and the Committees on Homeland Security and
Governmental Affairs, the Judiciary, and Rules and Administration of
the Senate, on the activities carried out with the funds provided under
this part.
``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated for
grants under this part--
``(1) $2,400,000,000 for fiscal year 2021; and
``(2) $175,000,000 for each of the fiscal years 2022, 2024,
2026, and 2028.
``(b) Continuing Availability of Amounts.--Any amounts appropriated
pursuant to the authorization of this section shall remain available
until expended.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by section 1402(c), is amended by adding at the end
of the items relating to subtitle D of title II the following:
``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems
and Carrying Out Voting System Security Improvements
``Sec. 298. Grants for obtaining compliant paper ballot voting
systems and carrying out voting system
security improvements.
``Sec. 298A. Voting system security improvements described.
``Sec. 298B. Eligibility of States.
``Sec. 298C. Reports to Congress.
``Sec. 298D. Authorization of appropriations.
(b) Qualified Election Infrastructure Vendors.--
(1) In general.--The Secretary, in consultation with the
Chair, shall establish and publish criteria for qualified
election infrastructure vendors for purposes of section 298A of
the Help America Vote Act of 2002 (as added by this Act).
(2) Criteria.--The criteria established under paragraph (1)
shall include each of the following requirements:
(A) The vendor shall--
(i) be owned and controlled by a citizen or
permanent resident of the United States or a
member of the Five Eyes intelligence-sharing
alliance; and
(ii) in the case of any election
infrastructure which is a voting machine,
ensure that such voting machine is assembled in
the United States.
(B) The vendor shall disclose to the Secretary and
the Chair, and to the chief State election official of
any State to which the vendor provides any goods and
services with funds provided under part 8 of subtitle D
of title II of the Help America Vote Act of 2002 (as
added by this Act), of any sourcing outside the United
States for parts of the election infrastructure.
(C) The vendor shall disclose to the Secretary and
the Chair, and to the chief State election official of
any State to which the vendor provides any goods and
services with funds provided under such part 8, the
identification of any entity or individual with a more
than 5 percent ownership interest in the vendor.
(D) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with the cybersecurity best
practices issued by the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(E) The vendor agrees to maintain its information
technology infrastructure in a manner that is
consistent with the cybersecurity best practices issued
by the Cybersecurity and Infrastructure Security Agency
of the Department of Homeland Security.
(F) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with the supply chain best
practices issued by the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(G) The vendor agrees to ensure that it has
personnel policies and practices in place that are
consistent with personnel best practices, including
cybersecurity training and background checks, issued by
the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security.
(H) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with data integrity best
practices, including requirements for encrypted
transfers and validation, testing and checking printed
materials for accuracy, and disclosure of quality
control incidents, issued by the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(I) The vendor agrees to meet the requirements of
paragraph (3) with respect to any known or suspected
cybersecurity incidents involving any of the goods and
services provided by the vendor pursuant to a grant
under part 8 of subtitle D of title II of the Help
America Vote Act of 2002 (as added by this Act).
(J) The vendor agrees to permit independent
security testing by the Election Assistance Commission
(in accordance with section 231(a) of the Help America
Vote Act of 2002 (52 U.S.C. 20971)) and by the
Secretary of the goods and services provided by the
vendor pursuant to a grant under part 8 of subtitle D
of title II of the Help America Vote Act of 2002 (as
added by this Act).
(3) Cybersecurity incident reporting requirements.--
(A) In general.--A vendor meets the requirements of
this paragraph if, upon becoming aware of the
possibility that an election cybersecurity incident has
occurred involving any of the goods and services
provided by the vendor pursuant to a grant under part 8
of subtitle D of title II of the Help America Vote Act
of 2002 (as added by this Act)--
(i) the vendor promptly assesses whether or
not such an incident occurred, and submits a
notification meeting the requirements of
subparagraph (B) to the Secretary and the Chair
of the assessment as soon as practicable (but
in no case later than 3 days after the vendor
first becomes aware of the possibility that the
incident occurred);
(ii) if the incident involves goods or
services provided to an election agency, the
vendor submits a notification meeting the
requirements of subparagraph (B) to the agency
as soon as practicable (but in no case later
than 3 days after the vendor first becomes
aware of the possibility that the incident
occurred), and cooperates with the agency in
providing any other necessary notifications
relating to the incident; and
(iii) the vendor provides all necessary
updates to any notification submitted under
clause (i) or clause (ii).
(B) Contents of notifications.--Each notification
submitted under clause (i) or clause (ii) of
subparagraph (A) shall contain the following
information with respect to any election cybersecurity
incident covered by the notification:
(i) The date, time, and time zone when the
election cybersecurity incident began, if
known.
(ii) The date, time, and time zone when the
election cybersecurity incident was detected.
(iii) The date, time, and duration of the
election cybersecurity incident.
(iv) The circumstances of the election
cybersecurity incident, including the specific
election infrastructure systems believed to
have been accessed and information acquired, if
any.
(v) Any planned and implemented technical
measures to respond to and recover from the
incident.
(vi) In the case of any notification which
is an update to a prior notification, any
additional material information relating to the
incident, including technical data, as it
becomes available.
(C) Development of criteria for reporting.--Not
later than 1 year after the date of enactment of this
Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall, in consultation
with the Election Infrastructure Sector Coordinating
Council, develop criteria for incidents which are
required to be reported in accordance with subparagraph
(A).
(4) Definitions.--In this subsection:
(A) Chair.--The term ``Chair'' means the Chair of
the Election Assistance Commission.
(B) Chief state election official.--The term
``chief State election official'' means, with respect
to a State, the individual designated by the State
under section 10 of the National Voter Registration Act
of 1993 (52 U.S.C. 20509) to be responsible for
coordination of the State's responsibilities under such
Act.
(C) Election agency.--The term ``election agency''
means any component of a State, or any component of a
unit of local government in a State, which is
responsible for the administration of elections for
Federal office in the State.
(D) Election infrastructure.--The term ``election
infrastructure'' means storage facilities, polling
places, and centralized vote tabulation locations used
to support the administration of elections for public
office, as well as related information and
communications technology, including voter registration
databases, voting machines, electronic mail and other
communications systems (including electronic mail and
other systems of vendors who have entered into
contracts with election agencies to support the
administration of elections, manage the election
process, and report and display election results), and
other systems used to manage the election process and
to report and display election results on behalf of an
election agency.
(E) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(F) State.--The term ``State'' has the meaning
given such term in section 901 of the Help America Vote
Act of 2002 (52 U.S.C. 21141).
Subtitle K--Provisional Ballots
SEC. 3911. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT
OF UNIFORM AND NONDISCRIMINATORY STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act of 2002
(52 U.S.C. 21082), as amended by section 1601(a), is amended--
(1) by redesignating subsection (e) as subsection (h); and
(2) by inserting after subsection (d) the following new
subsections:
``(e) Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4), if a
provisional ballot is cast within the same county in which the
voter is registered or otherwise eligible to vote, then
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the county, the appropriate
election official of the jurisdiction in which the individual
is registered or otherwise eligible to vote shall count each
vote on such ballot for each election in which the individual
who cast such ballot is eligible to vote.
``(2) Rule of construction.--Nothing in this subsection
shall prohibit a State or jurisdiction from counting a
provisional ballot which is cast in a different county within
the State than the county in which the voter is registered or
otherwise eligible to vote.
``(3) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.
``(f) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.
``(g) Additional Conditions Prohibited.--If an individual in a
State is eligible to cast a provisional ballot as provided under this
section, the State may not impose any additional conditions or
requirements (including conditions or requirements regarding the
timeframe in which a provisional ballot may be cast) on the eligibility
of the individual to cast such provisional ballot.''.
(b) Conforming Amendment.--Section 302(h) of such Act (52 U.S.C.
21082(g)), as amended by section 1601(a) and redesignated by subsection
(a), is amended by striking ``subsection (d)(4)'' and inserting
``subsections (d)(4), (e)(3), and (f)(2)''.
TITLE IV--VOTING SYSTEM SECURITY
SEC. 4001. POST-ELECTION AUDIT REQUIREMENT.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.), as amended by section 3601, is amended by
inserting after section 303A the following new section:
``SEC. 303B. POST-ELECTION AUDITS.
``(a) Definitions.--In this section:
``(1) Post-election audit.--Except as provided in
subsection (c)(1)(B), the term `post-election audit' means,
with respect to any election contest, a post-election process
that--
``(A) has a probability of at least 95 percent of
correcting the reported outcome if the reported outcome
is not the correct outcome;
``(B) will not change the outcome if the reported
outcome is the correct outcome; and
``(C) involves a manual adjudication of voter
intent from some or all of the ballots validly cast in
the election contest.
``(2) Reported outcome; correct outcome; outcome.--
``(A) Reported outcome.--The term `reported
outcome' means the outcome of an election contest which
is determined according to the canvass and which will
become the official, certified outcome unless it is
revised by an audit, recount, or other legal process.
``(B) Correct outcome.--The term `correct outcome'
means the outcome that would be determined by a manual
adjudication of voter intent for all votes validly cast
in the election contest.
``(C) Outcome.--The term `outcome' means the winner
or set of winners of an election contest.
``(3) Manual adjudication of voter intent.--The term
`manual adjudication of voter intent' means direct inspection
and determination by humans, without assistance from electronic
or mechanical tabulation devices, of the ballot choices marked
by voters on each voter-verifiable paper record.
``(4) Ballot manifest.--The term `ballot manifest' means a
record maintained by each jurisdiction that--
``(A) is created without reliance on any part of
the voting system used to tabulate votes;
``(B) functions as a sampling frame for conducting
a post-election audit; and
``(C) accounts for all ballots validly cast
regardless of how they were tabulated and includes a
precise description of the manner in which the ballots
are physically stored, including the total number of
physical groups of ballots, the numbering system for
each group, a unique label for each group, and the
number of ballots in each such group.
``(b) Requirements.--
``(1) In general.--
``(A) Audits.--
``(i) In general.--Each State and
jurisdiction shall administer post-election
audits of the results of all election contests
for Federal office held in the State in
accordance with the requirements of paragraph
(2).
``(ii) Exception.--Clause (i) shall not
apply to any election contest for which the
State or jurisdiction conducts a full recount
through a manual adjudication of voter intent.
``(B) Full manual tabulation.--If a post-election
audit conducted under subparagraph (A) corrects the
reported outcome of an election contest, the State or
jurisdiction shall use the results of the manual
adjudication of voter intent conducted as part of the
post-election audit as the official results of the
election contest.
``(2) Audit requirements.--
``(A) Rules and procedures.--
``(i) In general.--Not later than 6 years
after the date of the enactment of this
section, the chief State election official of
the State shall establish rules and procedures
for conducting post-election audits.
``(ii) Matters included.--The rules and
procedures established under clause (i) shall
include the following:
``(I) Rules and procedures for
ensuring the security of ballots and
documenting that prescribed procedures
were followed.
``(II) Rules and procedures for
ensuring the accuracy of ballot
manifests produced by jurisdictions.
``(III) Rules and procedures for
governing the format of ballot
manifests and other data involved in
post-election audits.
``(IV) Methods to ensure that any
cast vote records used in a post-
election audit are those used by the
voting system to tally the results of
the election contest sent to the chief
State election official of the State
and made public.
``(V) Rules and procedures for the
random selection of ballots to be
inspected manually during each audit.
``(VI) Rules and procedures for the
calculations and other methods to be
used in the audit and to determine
whether and when the audit of each
election contest is complete.
``(VII) Rules and procedures for
testing any software used to conduct
post-election audits.
``(B) Public report.--
``(i) In general.--After the completion of
the post-election audit and at least 5 days
before the election contest is certified by the
State, the State shall make public and submit
to the Commission a report on the results of
the audit, together with such information as
necessary to confirm that the audit was
conducted properly.
``(ii) Format of data.--All data published
with the report under clause (i) shall be
published in machine-readable, open data
formats.
``(iii) Protection of anonymity of votes.--
Information and data published by the State
under this subparagraph shall not compromise
the anonymity of votes.
``(iv) Report made available by
commission.--After receiving any report
submitted under clause (i), the Commission
shall make such report available on its
website.
``(3) Effective date; waiver.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), each State and jurisdiction
shall be required to comply with the requirements of
this subsection for the first regularly scheduled
election for Federal office occurring in 2032 and for
each subsequent election for Federal office.
``(B) Waiver.--Except as provided in subparagraph
(C), if a State certifies to the Election Assistance
Commission not later than the first regularly scheduled
election for Federal office occurring in 2032, that the
State will not meet the deadline described in
subparagraph (A) because it would be impracticable to
do so and includes in the certification the reasons for
the failure to meet such deadline, subparagraph (A) of
this subsection and subsection (c)(2)(A) shall apply to
the State as if the reference in such subsections to
`2032' were a reference to `2034'.
``(C) Additional waiver period.--If a State
certifies to the Election Assistance Commission not
later than the first regularly scheduled election for
Federal office occurring in 2034, that the State will
not meet the deadline described in subparagraph (B)
because it would be impracticable to do so and includes
in the certification the reasons for the failure to
meet such deadline, subparagraph (B) of this subsection
and subsection (c)(2)(A) shall apply to the State as if
the reference in such subsections to `2034' were a
reference to `2036'.
``(c) Phased Implementation.--
``(1) Post-election audits.--
``(A) In general.--For the regularly scheduled
elections for Federal office occurring in 2024 and
2026, each State shall administer a post-election audit
of the result of at least one statewide election
contest for Federal office held in the State, or if no
such statewide contest is on the ballot, one election
contest for Federal office chosen at random.
``(B) Post-election audit defined.--In this
subsection, the term `post-election audit' means a
post-election process that involves a manual
adjudication of voter intent from a sample of ballots
validly cast in the election contest.
``(2) Post-election audits for select contests.--Subject to
subparagraphs (B) and (C) of subsection (b)(3), for the
regularly scheduled elections for Federal office occurring in
2028 and for each subsequent election for Federal office that
occurs prior to the first regularly scheduled election for
Federal office occurring in 2032, each State shall administer a
post-election audit of the result of at least one statewide
election contest for Federal office held in the State, or if no
such statewide contest is on the ballot, one election contest
for Federal office chosen at random.
``(3) States that administer post-election audits for all
contests.--A State shall be exempt from the requirements of
this subsection for any regularly scheduled election for
Federal office in which the State meets the requirements of
subsection (b).''.
(b) Clerical Amendment.--The table of contents for such Act, as
amended by section 3601, is amended by inserting after the item
relating to section 303A the following new item:
``Sec. 303B. Post-election audits.''.
(c) Study on Post-election Audit Best Practices.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall establish an advisory committee
to study post-election audits and establish best practices for
post-election audit methodologies and procedures.
(2) Advisory committee.--The Director of the National
Institute of Standards and Technology shall appoint individuals
to the advisory committee and secure the representation of--
(A) State and local election officials;
(B) individuals with experience and expertise in
election security;
(C) individuals with experience and expertise in
post-election audit procedures; and
(D) individuals with experience and expertise in
statistical methods.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out the
purposes of this subsection.
SEC. 4002. ELECTION INFRASTRUCTURE DESIGNATION.
Subparagraph (J) of section 2001(3) of the Homeland Security Act of
2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election
infrastructure'' before the period at the end.
SEC. 4003. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL BOOKS AND
REMOTE BALLOT MARKING SYSTEMS.
(a) Inclusion Under Voluntary Voting System Guidelines.--Section
222 of the Help America Vote Act of 2002 (52 U.S.C. 20962) is amended--
(1) by redesignating subsections (a), (b), (c), (d), and
(e) as subsections (b), (c), (d), (e), and (f);
(2) by inserting after the section heading the following:
``(a) Voluntary Voting System Guidelines.--The Commission shall
adopt voluntary voting system guidelines that describe functionality,
accessibility, and security principles for the design, development, and
operation of voting systems, electronic poll books, and remote ballot
marking systems.''; and
(3) by adding at the end the following new subsections:
``(g) Initial Guidelines for Electronic Poll Books and Remote
Ballot Marking Systems.--
``(1) Adoption date.--The Commission shall adopt initial
voluntary voting system guidelines for electronic poll books
and remote ballot marking systems by January 1, 2022.
``(2) Special rule for initial guidelines.--The Commission
may adopt initial voluntary voting system guidelines for
electronic poll books and remote ballot marking systems without
modifying the most recently adopted voluntary voting system
guidelines for voting systems.
``(h) Definitions.--In this section:
``(1) Voting system defined.--The term `voting system' has
the same meaning given that term in section 301.
``(2) Electronic poll book defined.--The term `electronic
poll book' means the total combination of mechanical,
electromechanical, or electronic equipment (including the
software, firmware, and documentation required to program,
control, and support the equipment) that is used--
``(A) to retain the list of registered voters at a
polling location, or vote center, or other location at
which voters cast votes in an election for Federal
office; and
``(B) to identify registered voters who are
eligible to vote in an election.
``(3) Remote ballot marking system defined.--The term
`remote ballot marking system' means an election system that--
``(A) is used by a voter to mark their ballots
outside of a voting center or polling place; and
``(B) allows a voter to receive a blank ballot to
mark electronically, print, and then cast by returning
the printed ballot to the elections office or other
designated location.''.
(b) Providing for Certification of Electronic Poll Books and Remote
Ballot Marking System.--Section 231(a) of the Help America Vote Act of
2002 (52 U.S.C. 20971(a)) is amended, in each of paragraphs (1) and
(2), by inserting ``, electronic poll books, and remote ballot marking
systems'' after ``software''.
SEC. 4004. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
(a) Requiring States to Submit Reports.--Title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by
inserting after section 301 the following new section:
``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
``(a) Requiring States to Submit Reports.--Not later than 120 days
before the date of each regularly scheduled general election for
Federal office, the chief State election official of a State shall
submit a report to the Commission containing a detailed voting system
usage plan for each jurisdiction in the State which will administer the
election, including a detailed plan for the usage of electronic poll
books and other equipment and components of such system. If a
jurisdiction acquires and implements a new voting system within the 120
days before the date of the election, it shall notify the chief State
election official of the State, who shall submit to the Commission in a
timely manner an updated report under the preceding sentence.
``(b) Effective Date.--Subsection (a) shall apply with respect to
the regularly scheduled general election for Federal office held in
November 2022 and each succeeding regularly scheduled general election
for Federal office''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 301 the
following new item:
``Sec. 301A. Pre-election reports on voting system usage.''.
SEC. 4005. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES.
(a) Requirement.--Section 301(a) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)), as amended by section 3904 and section 3906,
is further amended by adding at the end the following new paragraph:
``(10) Voting machine requirements.--
``(A) Manufacturing requirements.--By not later
than the date of the regularly scheduled general
election for Federal office occurring in November 2024,
each State shall seek to ensure to the extent
practicable that any voting machine used in such
election and in any subsequent election for Federal
office is manufactured in the United States.
``(B) Assembly requirements.--By not later than the
date of the regularly scheduled general election for
Federal office occurring in November 2024, each State
shall seek to ensure that any voting machine purchased
or acquired for such election and in any subsequent
election for Federal office is assembled in the United
States.
``(C) Software and code requirements.--By not later
than the date of the regularly scheduled general
election for Federal office occurring in November 2024,
each State shall seek to ensure that any software or
code developed for any voting system purchased or
acquired for such election and in any subsequent
election for Federal office is developed and stored in
the United States.''.
(b) Conforming Amendment Relating to Effective Date.--Section
301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as amended by section
3907, is amended by striking ``paragraph (2)'' and inserting
``subsection (a)(10) and paragraph (2)''.
SEC. 4006. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
DIVISION C--CIVIC PARTICIPATION AND EMPOWERMENT
TITLE V--NONPARTISAN REDISTRICTING REFORM
SEC. 5001. FINDING OF CONSTITUTIONAL AUTHORITY.
Congress finds that it has the authority to establish the terms and
conditions States must follow in carrying out congressional
redistricting after an apportionment of Members of the House of
Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives;
(2) the authority granted to Congress under section 5 of
the 14th amendment to the Constitution gives Congress the power
to enact laws to enforce section 2 of such amendment, which
requires Representatives to be apportioned among the several
States according to their number;
(3) the authority granted to Congress under section 5 of
the 14th amendment to the Constitution gives Congress the power
to enact laws to enforce section 1 of such amendment, including
protections against excessive partisan gerrymandering that
Federal courts have not enforced because they understand such
enforcement to be committed to Congress by the Constitution;
(4) of the authority granted to Congress to enforce article
IV, section 4, of the Constitution, and the guarantee of a
Republican Form of Government to every State, which Federal
courts have not enforced because they understand such
enforcement to be committed to Congress by the Constitution;
and
(5) requiring States to use uniform redistricting criteria
is an appropriate and important exercise of such authority.
SEC. 5002. BAN ON MID-DECADE REDISTRICTING.
A State that has been redistricted in accordance with this title
may not be redistricted again until after the next apportionment of
Representatives under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to
conduct such subsequent redistricting to comply with the Constitution
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), the terms or conditions of this title, or applicable State law.
SEC. 5003. CRITERIA FOR REDISTRICTING.
(a) Requiring Plans to Meet Criteria.--A State may not use a
congressional redistricting plan which is not in compliance with this
section.
(b) Ranked Criteria.--Under the redistricting plan of a State,
there shall be established single-member congressional districts using
the following criteria as set forth in the following order of priority:
(1) Districts shall comply with the United States
Constitution, including the requirement that they substantially
equalize total population.
(2) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), including by creating any
districts where, if based upon the totality of the
circumstances, 2 or more politically cohesive groups protected
by such Act are able to elect representatives of choice in
coalition with one another, and all applicable Federal laws.
(3)(A) Districts shall be drawn, to the extent that the
totality of the circumstances warrant, to ensure the practical
ability of a group protected under the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.) to participate in the political
process and to nominate candidates and to elect representatives
of choice is not diluted or diminished, regardless of whether
or not such protected group constitutes a majority of a
district's citizen voting age population.
(B) For purposes of subparagraph (A), the assessment of
whether a protected group has the practical ability to nominate
candidates and to elect representatives of choice shall require
the consideration of the following factors:
(i) Whether the group is politically cohesive.
(ii) Whether there is racially polarized voting in
the relevant geographic region.
(iii) If there is racially polarized voting in the
relevant geographic region, whether the preferred
candidates of the group nevertheless receive a
sufficient amount of consistent crossover support from
other voters such that the group is a functional
majority with the ability to both nominate candidates
and elect representatives of choice.
(4)(A) Districts shall be drawn to represent communities of
interest and neighborhoods to the extent practicable after
compliance with the requirements of paragraphs (1) through (3).
A community of interest is defined as an area for which the
record before the entity responsible for developing and
adopting the redistricting plan demonstrates the existence of
broadly shared interests and representational needs, including
shared interests and representational needs rooted in common
ethnic, racial, economic, Indian, social, cultural, geographic,
or historic identities, or arising from similar socioeconomic
conditions. The term communities of interest may, if the record
warrants, include political subdivisions such as counties,
municipalities, Indian lands, or school districts, but shall
not include common relationships with political parties or
political candidates.
(B) For purposes of subparagraph (A), in considering the
needs of multiple, overlapping communities of interest, the
entity responsible for developing and adopting the
redistricting plan shall give greater weight to those
communities of interest whose representational needs would most
benefit from the community's inclusion in a single
congressional district.
(c) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--A State may not use a redistricting plan
to conduct an election that, when considered on a statewide
basis, has been drawn with the intent or has the effect of
materially favoring or disfavoring any political party.
(2) Determination of effect.--The determination of whether
a redistricting plan has the effect of materially favoring or
disfavoring a political party shall be based on an evaluation
of the totality of circumstances which, at a minimum, shall
involve consideration of each of the following factors:
(A) Computer modeling based on relevant statewide
general elections for Federal office held over the 8
years preceding the adoption of the redistricting plan
setting forth the probable electoral outcomes for the
plan under a range of reasonably foreseeable
conditions.
(B) An analysis of whether the redistricting plan
is statistically likely to result in partisan advantage
or disadvantage on a statewide basis, the degree of any
such advantage or disadvantage, and whether such
advantage or disadvantage is likely to be present under
a range of reasonably foreseeable electoral conditions.
(C) A comparison of the modeled electoral outcomes
for the redistricting plan to the modeled electoral
outcomes for alternative plans that demonstrably comply
with the requirements of paragraphs (1), (2), and (3)
of subsection (b) in order to determine whether
reasonable alternatives exist that would result in
materially lower levels of partisan advantage or
disadvantage on a statewide basis. For purposes of this
subparagraph, alternative plans considered may include
both actual plans proposed during the redistricting
process and other plans prepared for purposes of
comparison.
(D) Any other relevant information, including how
broad support for the redistricting plan was among
members of the entity responsible for developing and
adopting the plan and whether the processes leading to
the development and adoption of the plan were
transparent and equally open to all members of the
entity and to the public.
(3) Rebuttable presumption.--
(A) Trigger.--In any civil action brought under
section 5006 in which a party asserts a claim that a
State has enacted a redistricting plan which is in
violation of this subsection, a party may file a motion
not later than 30 days after the enactment of the plan
(or, in the case of a plan enacted before the effective
date of this Act, not later than 30 days after the
effective date of this Act) requesting that the court
determine whether a presumption of such a violation
exists. If such a motion is timely filed, the court
shall hold a hearing not later than 15 days after the
date the motion is filed to assess whether a
presumption of such a violation exists.
(B) Assessment.--To conduct the assessment required
under subparagraph (A), the court shall do the
following:
(i) Determine the number of congressional
districts under the plan that would have been
carried by each political party's candidates
for the office of President and the office of
Senator in the 2 most recent general elections
for the office of President and the 2 most
recent general elections for the office of
Senator (other than special general elections)
immediately preceding the enactment of the
plan, except that if a State conducts a primary
election for the office of Senator which is
open to candidates of all political parties,
the primary election shall be used instead of
the general election and the number of
districts carried by a party's candidates for
the office of Senator shall be determined on
the basis of the combined vote share of all
candidates in the election who are affiliated
with such party.
(ii) Determine, for each of the 4 elections
assessed under clause (i), whether the number
of districts that would have been carried by
any party's candidate as determined under
clause (i) results in partisan advantage or
disadvantage in excess of 7 percent or one
congressional district, whichever is greater,
as determined by standard quantitative measures
of partisan fairness that relate a party's
share of the statewide vote to that party's
share of seats.
(C) Presumption of violation.--A plan is presumed
to violate paragraph (1) if it exceeds the threshold
described in clause (ii) of subparagraph (B) with
respect to 2 or more of the 4 elections assessed under
such subparagraph.
(D) Stay of use of plan.--Notwithstanding any other
provision of this title, in any action under this
paragraph, the following rules shall apply:
(i) Upon filing of a motion under
subparagraph (A), a State's use of the plan
which is the subject of the motion shall be
automatically stayed pending resolution of such
motion.
(ii) If after considering the motion, the
court rules that the plan is presumed under
subparagraph (C) to violate paragraph (1), a
State may not use such plan until and unless
the court which is carrying out the
determination of the effect of the plan under
paragraph (2) determines that, notwithstanding
the presumptive violation, the plan does not
violate paragraph (1).
(E) No effect on other assessments.--The absence of
a presumption of a violation with respect to a
redistricting plan as determined under this paragraph
shall not affect the determination of the effect of the
plan under paragraph (2).
(4) Determination of intent.--A court may rely on all
available evidence when determining whether a redistricting
plan was drawn with the intent to materially favor or disfavor
a political party, including evidence of the partisan effects
of a plan, the degree of support the plan received from members
of the entity responsible for developing and adopting the plan,
and whether the processes leading to development and adoption
of the plan were transparent and equally open to all members of
the entity and to the public.
(5) No violation based on certain criteria.--No
redistricting plan shall be found to be in violation of
paragraph (1) because of the proper application of the criteria
set forth in paragraphs (1), (2), or (3) of subsection (b),
unless one or more alternative plans could have complied with
such paragraphs without having the effect of materially
favoring or disfavoring a political party.
(d) Factors Prohibited From Consideration.--In developing the
redistricting plan for the State, the State may not take into
consideration any of the following factors, except as necessary to
comply with the criteria described in paragraphs (1) through (3) of
subsection (b), to achieve partisan fairness and comply with subsection
(b), and to enable the redistricting plan to be measured against the
external metrics described in section 5004(c):
(1) The residence of any Member of the House of
Representatives or candidate.
(2) The political party affiliation or voting history of
the population of a district.
(e) Additional Criteria.--A State may not rely upon criteria not
set forth in this section to justify non-compliance with the
requirements of this section.
(f) Applicability.--
(1) In general.--This section applies to any authority,
whether appointed, elected, judicial, or otherwise, responsible
for enacting the congressional redistricting plan of a State.
(2) Date of enactment.--This section applies to any
congressional redistricting plan that would be, or is, in
effect after the date of enactment of this Act, regardless of
the date of enactment by the State of the congressional
redistricting plan.
(g) Severability of Criteria.--If any of the criteria set forth in
this section, or the application of such criteria to any person or
circumstance, is held to be unconstitutional, the remaining criteria
set forth in this section, and the application of such criteria to any
person or circumstance, shall not be affected by the holding.
SEC. 5004. DEVELOPMENT OF PLAN.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The entity
responsible for developing and adopting the congressional
redistricting plan of a State shall solicit and take into
consideration comments from the public throughout the process
of developing the plan, and shall carry out its duties in an
open and transparent manner which provides for the widest
public dissemination reasonably possible of its proposed and
final redistricting plans.
(2) Website.--
(A) Features.--The entity shall maintain a public
Internet site which is not affiliated with or
maintained by the office of any elected official and
which includes the following features:
(i) All proposed redistricting plans and
the final redistricting plan, including the
accompanying written evaluation under
subsection (c).
(ii) All comments received from the public
submitted under paragraph (1).
(iii) Access in an easily usable format to
the demographic and other data used by the
entity to develop and analyze the proposed
redistricting plans, together with any reports
analyzing and evaluating such plans and access
to software that members of the public may use
to draw maps of proposed districts.
(iv) A method by which members of the
public may submit comments directly to the
entity.
(B) Searchable format.--The entity shall ensure
that all information posted and maintained on the site
under this paragraph, including information and
proposed maps submitted by the public, shall be
maintained in an easily searchable format.
(3) Multiple language requirements for all notices.--The
entity responsible for developing and adopting the plan shall
make each notice which is required to be posted and published
under this section available in any language in which the State
(or any jurisdiction in the State) is required to provide
election materials under section 203 of the Voting Rights Act
of 1965 (52 U.S.C. 10503).
(b) Development of Plan.--
(1) Hearings.--The entity responsible for developing and
adopting the congressional redistricting plan shall hold
hearings both before and after releasing proposed plans in
order to solicit public input on the content of such plans.
These hearings shall--
(A) be held in different regions of the State and
streamed live on the public Internet site maintained
under subsection (a)(2);
(B) be sufficient in number, scheduled at times and
places, and noticed and conducted in a manner to ensure
that all members of the public, including members of
racial, ethnic, and language minorities protected under
the Voting Rights Act of 1965, have a meaningful
opportunity to attend and provide input both before and
after the entity releases proposed plans.
(2) Posting of maps.--The entity responsible for developing
and adopting the congressional redistricting plan shall make
proposed plans, amendments to proposed plans, and the data
needed to analyze such plans for compliance with the criteria
of this title available for public review, including on the
public Internet site required under subsection (a)(2), for a
period of not less than 5 days before any vote or hearing is
held on any such plan or any amendment to such a plan.
(c) Written Evaluation of Plan Against External Metrics.--The
entity responsible for developing and adopting the congressional
redistricting plan for a State shall include with each redistricting
plan voted upon by such entity, or a committee of such entity, and
published under this section a written evaluation that measures each
such plan against external metrics which cover the criteria set forth
in section 5003(b), including the impact of the plan on the ability of
members of a class of citizens protected by the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.) to elect candidates of choice, the
degree to which the plan preserves or divides communities of interest,
and any analysis used by the State to assess compliance with the
requirements of section 5003(b) and (c).
(d) Public Input and Comments.--The entity responsible for
developing and adopting the congressional redistricting plan for a
State shall make all public comments received about potential plans,
including alternative plans, available to the public on the Internet
site required under subsection (a)(2), at no cost, not later than 24
hours prior to holding a vote on final adoption of a plan.
SEC. 5005. FAILURE BY STATE TO ENACT PLAN.
(a) Deadline for Enactment of Plan.--Each State shall enact a final
congressional redistricting plan following transmission of a notice of
apportionment to the President by the earliest of--
(1) the deadline set forth in State law;
(2) February 15 of the year in which regularly scheduled
general elections for Federal office are held in the State; or
(3) 90 days before the date of the next regularly scheduled
primary election for Federal office held in the State.
(b) Development of Plan by Court in Case of Missed Deadline.--If a
State has not enacted a final congressional redistricting plan by the
applicable deadline under subsection (a), or it appears likely that a
State will fail to enact a final congressional redistricting plan by
such deadline--
(1) any citizen of the State may file an action in the
United States district court for the applicable venue asking
the district court to assume jurisdiction;
(2) the United States district court for the applicable
venue, acting through a 3-judge court convened pursuant to
section 2284 of title 28, United States Code, shall have the
exclusive authority to develop and publish the congressional
redistricting plan for the State; and
(3) the final congressional redistricting plan developed
and published by the court under this section shall be deemed
to be enacted on the date on which the court publishes the
final congressional redistricting plan, as described in
subsection (e).
(c) Applicable Venue.--For purposes of this section, the
``applicable venue'' with respect to a State is the District of
Columbia or the judicial district in which the capital of the State is
located, as selected by the first party to file with the court
sufficient evidence that a State has failed to, or is reasonably likely
to fail to, enact a final redistricting plan for the State prior to the
expiration of the applicable deadline set forth in subsection (a).
(d) Procedures for Development of Plan.--
(1) Criteria.--In developing a redistricting plan for a
State under this section, the court shall adhere to the same
terms and conditions that applied (or that would have applied,
as the case may be) to the development of a plan by the State
under section 5003.
(2) Access to information and records.--The court shall
have access to any information, data, software, or other
records and material that was used (or that would have been
used, as the case may be) by the State in carrying out its
duties under this title.
(3) Hearing; public participation.--In developing a
redistricting plan for a State, the court shall--
(A) hold one or more evidentiary hearings at which
interested members of the public may appear and be
heard and present testimony, including expert
testimony, in accordance with the rules of the court;
and
(B) consider other submissions and comments by the
public, including proposals for redistricting plans to
cover the entire State or any portion of the State.
(4) Use of special master.--To assist in the development
and publication of a redistricting plan for a State under this
section, the court may appoint a special master to make
recommendations to the court on possible plans for the State.
(e) Publication of Plan.--
(1) Public availability of initial plan.--Upon completing
the development of one or more initial redistricting plans, the
court shall make the plans available to the public at no cost,
and shall also make available the underlying data used to
develop the plans and a written evaluation of the plans against
external metrics (as described in section 5004(c)).
(2) Publication of final plan.--At any time after the
expiration of the 14-day period which begins on the date the
court makes the plans available to the public under paragraph
(1), and taking into consideration any submissions and comments
by the public which are received during such period, the court
shall develop and publish the final redistricting plan for the
State.
(f) Use of Interim Plan.--In the event that the court is not able
to develop and publish a final redistricting plan for the State with
sufficient time for an upcoming election to proceed, the court may
develop and publish an interim redistricting plan which shall serve as
the redistricting plan for the State until the court develops and
publishes a final plan in accordance with this section. Nothing in this
subsection may be construed to limit or otherwise affect the authority
or discretion of the court to develop and publish the final
redistricting plan, including the discretion to make any changes the
court deems necessary to an interim redistricting plan.
(g) Appeals.--Review on appeal of any final or interim plan adopted
by the court in accordance with this section shall be governed by the
appellate process in section 5006.
(h) Stay of State Proceedings.--The filing of an action under this
section shall act as a stay of any proceedings in State court with
respect to the State's congressional redistricting plan unless
otherwise ordered by the court.
SEC. 5006. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action for such relief as may be appropriate to
carry out this title.
(2) Availability of private right of action.--Any citizen
of a State who is aggrieved by the failure of the State to meet
the requirements of the Constitution or Federal law, including
this title, with respect to the State's congressional
redistricting, may bring a civil action in the United States
district court for the applicable venue for such relief as may
be appropriate to remedy the failure.
(3) Delivery of complaint to house and senate.--In any
action brought under this section, a copy of the complaint
shall be delivered promptly to the Clerk of the House of
Representatives and the Secretary of the Senate.
(4) Exclusive jurisdiction and applicable venue.--The
district courts of the United States shall have exclusive
jurisdiction to hear and determine claims asserting that a
congressional redistricting plan violates the requirements of
the Constitution or Federal law, including this title. The
applicable venue for such an action shall be the United States
District Court for the District of Columbia or for the judicial
district in which the capital of the State is located, as
selected by the person bringing the action, except that the
applicable venue for a civil action that includes a claim that
a redistricting plan is in violation of section 5003(c) shall
be the District of Columbia.
(5) Use of 3-judge court.--If an action under this section
raises statewide claims under the Constitution or this title,
the action shall be heard by a 3-judge court convened pursuant
to section 2284 of title 28, United States Code.
(6) Review of final decision.--A final decision in an
action brought under this section shall be reviewable on appeal
by the United States Court of Appeals for the District of
Columbia Circuit. There shall be no right of appeal in such
proceedings to any other court of appeals. Such appeal shall be
taken by the filing of a notice of appeal within 10 days of the
entry of the final decision. A final decision by the Court of
Appeals may be reviewed by the Supreme Court of the United
States by writ of certiorari.
(b) Expedited Consideration.--In any action brought under this
section, it shall be the duty of the district court, the United States
Court of Appeals for the District of Columbia Circuit, and the Supreme
Court of the United States (if it chooses to hear the action) to
advance on the docket and to expedite to the greatest possible extent
the disposition of the action and appeal.
(c) Remedies.--
(1) Adoption of replacement plan.--
(A) In general.--If the district court in an action
under this section finds that the congressional
redistricting plan of a State violates, in whole or in
part, the requirements of this title--
(i) the court shall adopt a replacement
congressional redistricting plan for the State
in accordance with the process set forth in
section 5005; or
(ii) if circumstances warrant and no delay
to an upcoming regularly scheduled election for
the House of Representatives in the State would
result, the district court, in its discretion,
may allow a State to develop and propose a
remedial congressional redistricting plan for
review by the court to determine whether the
plan is in compliance with this title, except
that--
(I) the State may not develop and
propose a remedial plan under this
clause if the court determines that the
congressional redistricting plan of the
State was enacted with discriminatory
intent in violation of the Constitution
or section 5003(b); and
(II) nothing in this clause may be
construed to permit a State to use such
a remedial plan which has not been
approved by the court.
(B) Prohibiting use of plans in violation of
requirements.--No court shall order a State to use a
congressional redistricting plan which violates, in
whole or in part, the requirements of this title, or to
conduct an election under terms and conditions which
violate, in whole or in part, the requirements of this
title.
(C) Special rule in case final adjudication not
expected within 3 months of election.--If final
adjudication of an action under this section is not
reasonably expected to be completed at least 3 months
prior to the next regularly scheduled primary election
for the House of Representatives in the State, the
district court shall, as the balance of equities
warrant--
(i) develop, adopt, and order the use of an
interim congressional redistricting plan in
accordance with section 5005(f) to address any
claims under this title for which a party
seeking relief has demonstrated a substantial
likelihood of success; and
(ii) order adjustments to the timing of
primary elections for the House of
Representatives and other related deadlines, as
needed, to allow sufficient opportunity for
adjudication of the matter and adoption of a
remedial or replacement plan for use in the
next regularly scheduled general elections for
the House of Representatives.
(2) No stay pending appeal.--Notwithstanding the appeal of
an order finding that a congressional redistricting plan of a
State violates, in whole or in part, the requirements of this
title, no stay shall issue which shall bar the development or
adoption of a replacement or remedial plan under this
subsection, as may be directed by the district court, pending
such appeal. If such a replacement or remedial plan has been
adopted, no appellate court may stay or otherwise enjoin the
use of such plan during the pendency of an appeal, except upon
an order holding, based on the record, that adoption of such
plan was an abuse of discretion.
(3) Special authority of court of appeals.--
(A) Ordering of new remedial plan.--If, upon
consideration of an appeal under this title, the Court
of Appeals determines that a plan does not comply with
the requirements of this title, it shall direct that
the District Court promptly develop a new remedial plan
with assistance of a special master for consideration
by the Court of Appeals.
(B) Failure of district court to take timely
action.--If, at any point during the pendency of an
action under this section, the District Court fails to
take action necessary to permit resolution of the case
prior to the next regularly scheduled election for the
House of Representatives in the State or fails to grant
the relief described in paragraph (1)(C), any party may
seek a writ of mandamus from the Court of Appeals for
the District of Columbia Circuit. The Court of Appeals
shall have jurisdiction over the motion for a writ of
mandamus and shall establish an expedited briefing and
hearing schedule for resolution of the motion. If the
Court of Appeals determines that a writ should be
granted, the Court of Appeals shall take any action
necessary, including developing a congressional
redistricting plan with assistance of a special master
to ensure that a remedial plan is adopted in time for
use in the next regularly scheduled election for the
House of Representatives in the State.
(4) Effect of enactment of replacement plan.--A State's
enactment of a redistricting plan which replaces a plan which
is the subject of an action under this section shall not be
construed to limit or otherwise affect the authority of the
court to adjudicate or grant relief with respect to any claims
or issues not addressed by the replacement plan, including
claims that the plan which is the subject of the action was
enacted, in whole or in part, with discriminatory intent, or
claims to consider whether relief should be granted under
section 3(c) of the Voting Rights Act of 1965 (52 U.S.C.
10302(c)) based on the plan which is the subject of the action.
(d) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney fees, including litigation expenses, and costs.
(e) Relation to Other Laws.--
(1) Rights and remedies additional to other rights and
remedies.--The rights and remedies established by this section
are in addition to all other rights and remedies provided by
law, and neither the rights and remedies established by this
section nor any other provision of this title shall supersede,
restrict, or limit the application of the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.).
(2) Voting rights act of 1965.--Nothing in this title
authorizes or requires conduct that is prohibited by the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(f) Legislative Privilege.--No person, legislature, or State may
claim legislative privilege under either State or Federal law in a
civil action brought under this section or in any other legal
challenge, under either State or Federal law, to a redistricting plan
enacted under this title.
(g) Removal.--
(1) In general.--At any time, a civil action brought in a
State court which asserts a claim for which the district courts
of the United States have exclusive jurisdiction under this
title may be removed by any party in the case, including an
intervenor, by filing, in the district court for an applicable
venue under this section, a notice of removal signed pursuant
to Rule 11 of the Federal Rules of Civil Procedure containing a
short and plain statement of the grounds for removal. Consent
of parties shall not be required for removal.
(2) Claims not within the original or supplemental
jurisdiction.--If a civil action removed in accordance with
paragraph (1) contains claims not within the original or
supplemental jurisdiction of the district court, the district
court shall sever all such claims and remand them to the State
court from which the action was removed.
SEC. 5007. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this title or in any amendment made by this title may be
construed to affect the manner in which a State carries out elections
for State or local office, including the process by which a State
establishes the districts used in such elections.
SEC. 5008. EFFECTIVE DATE.
(a) In General.--This title and the amendments made by this title
shall apply on the date of enactment of this title.
(b) Application to Apportionment Resulting From 2020 Decennial
Census.--Notwithstanding subsection (a), this title and the amendments
made by this title, other than section 5004, shall apply with respect
to each congressional redistricting plan enacted pursuant to the notice
of apportionment transmitted to the President on April 26, 2021,
without regard to whether or not a State enacted such a plan prior to
the date of the enactment of this Act.
TITLE VI--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--DISCLOSE Act
SEC. 6001. SHORT TITLE.
This subtitle may be cited as the ``Democracy Is Strengthened by
Casting Light On Spending in Elections Act of 2021'' or the ``DISCLOSE
Act of 2021''.
PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN
ELECTIONS
SEC. 6002. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN
DISBURSEMENTS AND ACTIVITIES.
Section 319(b) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving such
subparagraphs 2 ems to the right;
(2) by striking ``As used in this section, the term'' and
inserting the following: ``Definitions.--For purposes of this
section--
``(1) Foreign national.--The term'';
(3) by moving paragraphs (1) and (2) two ems to the right
and redesignating them as subparagraphs (A) and (B),
respectively; and
(4) by adding at the end the following new paragraph:
``(2) Contribution and donation.--For purposes of
paragraphs (1) and (2) of subsection (a), the term
`contribution or donation' includes any disbursement to a
political committee which accepts donations or contributions
that do not comply with any of the limitations, prohibitions,
and reporting requirements of this Act (or any disbursement to
or on behalf of any account of a political committee which is
established for the purpose of accepting such donations or
contributions), or to any other person for the purpose of
funding an expenditure, independent expenditure, or
electioneering communication (as defined in section
304(f)(3)).''.
SEC. 6003. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL
ELECTIONS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section
319 the following new section:
``SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS.
``(a) Audit.--
``(1) In general.--The Commission shall conduct an audit
after each Federal election cycle to determine the incidence of
illicit foreign money in such Federal election cycle.
``(2) Procedures.--In carrying out paragraph (1), the
Commission shall conduct random audits of any disbursements
required to be reported under this Act, in accordance with
procedures established by the Commission.
``(b) Report.--Not later than 180 days after the end of each
Federal election cycle, the Commission shall submit to Congress a
report containing--
``(1) results of the audit required by subsection (a)(1);
``(2) an analysis of the extent to which illicit foreign
money was used to carry out disinformation and propaganda
campaigns focused on depressing turnout among rural communities
and the success or failure of these efforts, together with
recommendations to address these efforts in future elections;
``(3) an analysis of the extent to which illicit foreign
money was used to carry out disinformation and propaganda
campaigns focused on depressing turnout among African-American
and other minority communities and the success or failure of
these efforts, together with recommendations to address these
efforts in future elections;
``(4) an analysis of the extent to which illicit foreign
money was used to carry out disinformation and propaganda
campaigns focused on influencing military and veteran
communities and the success or failure of these efforts,
together with recommendations to address these efforts in
future elections; and
``(5) recommendations to address the presence of illicit
foreign money in elections, as appropriate.
``(c) Definitions.--As used in this section:
``(1) The term `Federal election cycle' means the period
which begins on the day after the date of a regularly scheduled
general election for Federal office and which ends on the date
of the first regularly scheduled general election for Federal
office held after such date.
``(2) The term `illicit foreign money' means any
disbursement by a foreign national (as defined in section
319(b)) prohibited under such section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the Federal election cycle that began during
November 2020, and each succeeding Federal election cycle.
SEC. 6004. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN
NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND
REFERENDA.
(a) In General.--Section 319(b) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30121(b)), as amended by section 6002, is
amended by adding at the end the following new paragraph:
``(3) Federal, state, or local election.--The term
`Federal, State, or local election' includes a State or local
ballot initiative or referendum, but only in the case of--
``(A) a covered foreign national described in
section 304(j)(3)(C);
``(B) a foreign principal described in section
1(b)(2) or 1(b)(3) of the Foreign Agent Registration
Act of 1938, as amended (22 U.S.C. 611(b)(2) or (b)(3))
or an agent of such a foreign principal under such
Act.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections held in 2022 or any succeeding year.
SEC. 6005. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN MONEY BAN.
(a) Disbursements Described.--Section 319(a)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B); and
(2) by striking subparagraph (C) and inserting the
following:
``(C) an expenditure;
``(D) an independent expenditure;
``(E) a disbursement for an electioneering
communication (within the meaning of section
304(f)(3));
``(F) a disbursement for a communication which is
placed or promoted for a fee on a website, web
application, or digital application that refers to a
clearly identified candidate for election for Federal
office and is disseminated within 60 days before a
general, special or runoff election for the office
sought by the candidate or 30 days before a primary or
preference election, or a convention or caucus of a
political party that has authority to nominate a
candidate for the office sought by the candidate;
``(G) a disbursement by a covered foreign national
described in section 304(j)(3)(C) for a broadcast,
cable or satellite communication, or for a
communication which is placed or promoted for a fee on
a website, web application, or digital application,
that promotes, supports, attacks or opposes the
election of a clearly identified candidate for Federal,
State, or local office (regardless of whether the
communication contains express advocacy or the
functional equivalent of express advocacy);
``(H) a disbursement for a broadcast, cable, or
satellite communication, or for any communication which
is placed or promoted for a fee on an online platform
(as defined in section 304(k)(3)), that discusses a
national legislative issue of public importance in a
year in which a regularly scheduled general election
for Federal office is held, but only if the
disbursement is made by a covered foreign national
described in section 304(j)(3)(C);
``(I) a disbursement by a covered foreign national
described in section 304(j)(3)(C) to compensate any
person for internet activity that promotes, supports,
attacks or opposes the election of a clearly identified
candidate for Federal, State, or local office
(regardless of whether the activity contains express
advocacy or the functional equivalent of express
advocacy); or
``(J) a disbursement by a covered foreign national
described in section 304(j)(3)(C) for a Federal
judicial nomination communication (as defined in
section 324(g)(2));''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to disbursements made on or after the date of the
enactment of this Act.
SEC. 6006. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL ELECTION
CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS.
(a) Prohibition.--Chapter 29 of title 18, United States Code, as
amended by section 2001(a) and section 3101(a), is amended by adding at
the end the following:
``Sec. 614. Establishment of corporation to conceal election
contributions and donations by foreign nationals
``(a) Offense.--It shall be unlawful for an owner, officer,
attorney, or incorporation agent of a corporation, company, or other
entity to establish or use the corporation, company, or other entity
with the intent to conceal an activity of a foreign national (as
defined in section 319 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121)) prohibited under such section 319.
``(b) Penalty.--Any person who violates subsection (a) shall be
imprisoned for not more than 5 years, fined under this title, or
both.''.
(b) Table of Sections.--The table of sections for chapter 29 of
title 18, United States Code, as amended by section 2001(b) and section
3101(b), is amended by inserting after the item relating to section 612
the following:
``614. Establishment of corporation to conceal election contributions
and donations by foreign nationals.''.
PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 6011. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) In General.--Section 324 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30126) is amended to read as follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED
ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000 in
an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed
under this subsection, for the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the first
such disclosure date) and ending on the first such
disclosure date; and
``(B) in the case of any subsequent statement filed
under this subsection, for the period beginning on the
previous disclosure date and ending on such disclosure
date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and,
in the case of a covered organization that is a
corporation (other than a business concern that is an
issuer of a class of securities registered under
section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 78l) or that is required to file reports under
section 15(d) of that Act (15 U.S.C. 78o(d))) or an
entity described in subsection (e)(2), a list of the
beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by
name and current residential or business street
address; and
``(ii) if any beneficial owner exercises
control over the entity through another legal
entity, such as a corporation, partnership,
limited liability company, or trust, identifies
each such other legal entity and each such
beneficial owner who will use that other entity
to exercise control over the entity.
``(B) The amount of each campaign-related
disbursement made by such organization during the
period covered by the statement of more than $1,000,
and the name and address of the person to whom the
disbursement was made.
``(C) In the case of a campaign-related
disbursement that is not a covered transfer, the
election to which the campaign-related disbursement
pertains and if the disbursement is made for a public
communication, the name of any candidate identified in
such communication and whether such communication is in
support of or in opposition to a candidate.
``(D) A certification by the chief executive
officer or person who is the head of the covered
organization that the campaign-related disbursement is
not made in cooperation, consultation, or concert with
or at the request or suggestion of a candidate,
authorized committee, or agent of a candidate,
political party, or agent of a political party.
``(E)(i) If the covered organization makes
campaign-related disbursements using exclusively funds
in a segregated bank account consisting of funds that
were paid directly to such account by persons other
than the covered organization that controls the
account, for each such payment to the account--
``(I) the name and address of each person
who made such payment during the period covered
by the statement;
``(II) the date and amount of such payment;
and
``(III) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle (or, if earlier, the period
beginning one year before the disclosure date)
and ending on the disclosure date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of
$10,000 or more during the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2022, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be calendar year 2022.
``(F)(i) If the covered organization makes
campaign-related disbursements using funds other than
funds in a segregated bank account described in
subparagraph (E), for each payment to the covered
organization--
``(I) the name and address of each person
who made such payment during the period covered
by the statement;
``(II) the date and amount of such payment;
and
``(III) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle (or, if earlier, the period
beginning one year before the disclosure date)
and ending on the disclosure date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate
amount of $10,000 or more during the period beginning
on the first day of the election reporting cycle (or,
if earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2022, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be calendar year 2022.
``(G) Such other information as required in rules
established by the Commission to promote the purposes
of this section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of
business.--The requirement to include in a statement
filed under paragraph (1) the information described in
paragraph (2) shall not apply to amounts received by
the covered organization in commercial transactions in
the ordinary course of any trade or business conducted
by the covered organization or in the form of
investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this
subparagraph, amounts received by a covered
organization as remittances from an employee to the
employee's collective bargaining representative shall
be treated as amounts received in commercial
transactions in the ordinary course of the business
conducted by the covered organization.
``(B) Donor restriction on use of funds.--The
requirement to include in a statement submitted under
paragraph (1) the information described in subparagraph
(F) of paragraph (2) shall not apply if--
``(i) the person described in such
subparagraph prohibited, in writing, the use of
the payment made by such person for campaign-
related disbursements; and
``(ii) the covered organization agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
any account used to make campaign-related
disbursements.
``(C) Threat of harassment or reprisal.--The
requirement to include any information relating to the
name or address of any person (other than a candidate)
in a statement submitted under paragraph (1) shall not
apply if the inclusion of the information would subject
the person to serious threats, harassment, or
reprisals.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in
clause (ii), the term `beneficial owner' means,
with respect to any entity, a natural person
who, directly or indirectly--
``(I) exercises substantial control
over an entity through ownership,
voting rights, agreement, or otherwise;
or
``(II) has a substantial interest
in or receives substantial economic
benefits from the assets of an entity.
``(ii) Exceptions.--The term `beneficial
owner' shall not include--
``(I) a minor child;
``(II) a person acting as a
nominee, intermediary, custodian, or
agent on behalf of another person;
``(III) a person acting solely as
an employee of an entity and whose
control over or economic benefits from
the entity derives solely from the
employment status of the person;
``(IV) a person whose only interest
in an entity is through a right of
inheritance, unless the person also
meets the requirements of clause (i);
or
``(V) a creditor of an entity,
unless the creditor also meets the
requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions
under clause (ii) shall not apply if used for
the purpose of evading, circumventing, or
abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Disclosure date.--The term `disclosure date'
means--
``(i) the first date during any election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000; and
``(ii) any other date during such election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000 since the most recent disclosure
date for such election reporting cycle.
``(C) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on
the date of the most recent general election for
Federal office.
``(D) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or
other payment.
``(b) Coordination With Other Provisions.--
``(1) Other reports filed with the commission.--Information
included in a statement filed under this section may be
excluded from statements and reports filed under section 304.
``(2) Treatment as separate segregated fund.--A segregated
bank account referred to in subsection (a)(2)(E) may be treated
as a separate segregated fund for purposes of section 527(f)(3)
of the Internal Revenue Code of 1986.
``(c) Filing.--Statements required to be filed under subsection (a)
shall be subject to the requirements of section 304(d) to the same
extent and in the same manner as if such reports had been required
under subsection (c) or (g) of section 304.
``(d) Campaign-Related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure which expressly
advocates the election or defeat of a clearly
identified candidate for election for Federal office,
or is the functional equivalent of express advocacy
because, when taken as a whole, it can be interpreted
by a reasonable person only as advocating the election
or defeat of a candidate for election for Federal
office.
``(B) An applicable public communication.
``(C) An electioneering communication, as defined
in section 304(f)(3).
``(D) A covered transfer.
``(2) Applicable public communications.--
``(A) In general.--The term `applicable public
communication' means any public communication that
refers to a clearly identified candidate for election
for Federal office and which promotes or supports the
election of a candidate for that office, or attacks or
opposes the election of a candidate for that office,
without regard to whether the communication expressly
advocates a vote for or against a candidate for that
office.
``(B) Exception.--Such term shall not include any
news story, commentary, or editorial distributed
through the facilities of any broadcasting station or
any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are
owned or controlled by any political party, political
committee, or candidate.
``(3) Intent not required.--A disbursement for an item
described in subparagraph (A), (B), (C) or (D) of paragraph (1)
shall be treated as a campaign-related disbursement regardless
of the intent of the person making the disbursement.
``(e) Covered Organization Defined.--In this section, the term
`covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for purposes of this Act (other than
an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such Code
(other than an organization described in section 501(c)(3) of
such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee
under this Act (except as provided in paragraph (6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act, but
only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the
amounts be used for--
``(i) campaign-related disbursements (other
than covered transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(B) made such transfer or payment in response to
a solicitation or other request for a donation or
payment for--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(C) engaged in discussions with the recipient of
the transfer or payment regarding--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) donating or transferring any amount
of such transfer or payment to another person
for the purpose of making or paying for such
campaign-related disbursements; or
``(D) knew or had reason to know that the person
receiving the transfer or payment would make campaign-
related disbursements in an aggregate amount of $50,000
or more during the 2-year period beginning on the date
of the transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization
in a commercial transaction in the ordinary course of
any trade or business conducted by the covered
organization or in the form of investments made by the
covered organization.
``(B) A disbursement made by a covered organization
if--
``(i) the covered organization prohibited,
in writing, the use of such disbursement for
campaign-related disbursements; and
``(ii) the recipient of the disbursement
agreed to follow the prohibition and deposited
the disbursement in an account which is
segregated from any account used to make
campaign-related disbursements.
``(3) Special rule regarding transfers among affiliates.--
``(A) Special rule.--A transfer of an amount by one
covered organization to another covered organization
which is treated as a transfer between affiliates under
subparagraph (C) shall be considered a covered transfer
by the covered organization which transfers the amount
only if the aggregate amount transferred during the
year by such covered organization to that same covered
organization is equal to or greater than $50,000.
``(B) Determination of amount of certain payments
among affiliates.--In determining the amount of a
transfer between affiliates for purposes of
subparagraph (A), to the extent that the transfer
consists of funds attributable to dues, fees, or
assessments which are paid by individuals on a regular,
periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the
transfer shall be attributed to the individuals paying
the dues, fees, or assessments and shall not be
attributed to the covered organization.
``(C) Description of transfers between
affiliates.--A transfer of amounts from one covered
organization to another covered organization shall be
treated as a transfer between affiliates if--
``(i) one of the organizations is an
affiliate of the other organization; or
``(ii) each of the organizations is an
affiliate of the same organization,
except that the transfer shall not be treated as a
transfer between affiliates if one of the organizations
is established for the purpose of making campaign-
related disbursements.
``(D) Determination of affiliate status.--For
purposes of subparagraph (C), a covered organization is
an affiliate of another covered organization if--
``(i) the governing instrument of the
organization requires it to be bound by
decisions of the other organization;
``(ii) the governing board of the
organization includes persons who are
specifically designated representatives of the
other organization or are members of the
governing board, officers, or paid executive
staff members of the other organization, or
whose service on the governing board is
contingent upon the approval of the other
organization; or
``(iii) the organization is chartered by
the other organization.
``(E) Coverage of transfers to affiliated section
501(c)(3) organizations.--This paragraph shall apply
with respect to an amount transferred by a covered
organization to an organization described in paragraph
(3) of section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
Code in the same manner as this paragraph applies to an
amount transferred by a covered organization to another
covered organization.
``(g) No Effect on Other Reporting Requirements.--Except as
provided in subsection (b)(1), nothing in this section shall be
construed to waive or otherwise affect any other requirement of this
Act which relates to the reporting of campaign-related
disbursements.''.
(b) Conforming Amendment.--Section 304(f)(6) of such Act (52 U.S.C.
30104) is amended by striking ``Any requirement'' and inserting
``Except as provided in section 324(b), any requirement''.
(c) Regulations.--Not later than 6 months after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
regulations relating the application of the exemption under section
324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by
paragraph (1)). Such regulations--
(1) shall require that the legal burden of establishing
eligibility for such exemption is upon the organization
required to make the report required under section 324(a)(1) of
such Act (as added by paragraph (1)), and
(2) shall be consistent with the principles applied in
Citizens United v. Federal Election Commission, 558 U.S. 310
(2010).
SEC. 6012. REPORTING OF FEDERAL JUDICIAL NOMINATION DISBURSEMENTS.
(a) Findings.--Congress makes the following findings:
(1) A fair and impartial judiciary is critical for our
democracy and crucial to maintain the faith of the people of
the United States in the justice system. As the Supreme Court
held in Caperton v. Massey, ``there is a serious risk of actual
bias--based on objective and reasonable perceptions--when a
person with a personal stake in a particular case had a
significant and disproportionate influence in placing the judge
on the case.'' ( Caperton v. A. T. Massey Coal Co., 556 U.S.
868, 884 (2009)).
(2) Public trust in government is at a historic low.
According to polling, most Americans believe that corporations
have too much power and influence in politics and the courts.
(3) The prevalence and pervasiveness of dark money drives
public concern about corruption in politics and the courts.
Dark money is funding for organizations and political
activities that cannot be traced to actual donors. It is made
possible by loopholes in our tax laws and regulations, weak
oversight by the Internal Revenue Service, and donor-friendly
court decisions.
(4) Under current law, ``social welfare'' organizations and
business leagues can use funds to influence elections so long
as political activity is not their ``primary'' activity. Super
PACs can accept and spend unlimited contributions from any non-
foreign source. These groups can spend tens of millions of
dollars on political activities, all without disclosing a
single donor. Such dark money groups spent an estimated
$1,050,000,000 in the 2020 election cycle.
(5) Dark money is used to shape judicial decision-making.
This can take many forms, akin to agency capture: influencing
judicial selection by controlling who gets nominated and
funding candidate advertisements; creating public relations
campaigns aimed at mobilizing the judiciary around particular
issues; and drafting law review articles, amicus briefs, and
other products which tell judges how to decide a given case and
provide ready-made arguments for willing judges to adopt.
(6) Over the past decade, nonprofit organizations that do
not disclose their donors have spent hundreds of millions of
dollars to influence the nomination and confirmation process
for Federal judges. One organization alone has spent nearly
$40,000,000 on advertisements supporting or opposing Supreme
Court nominees since 2016.
(7) Anonymous money spent on judicial nominations is not
subject to any disclosure requirements. Federal election laws
only regulate contributions and expenditures relating to
electoral politics; thus, expenditures, contributions, and
advocacy efforts for Federal judgeships are not covered under
the Federal Election Campaign Act of 1971. Without more
disclosure, the public has no way of knowing whether the people
spending money supporting or opposing judicial nominations have
business before the courts.
(8) Congress and the American people have a compelling
interest in knowing who is funding these campaigns to select
and confirm judges to lifetime appointments on the Federal
bench.
(b) Reporting.--Section 324 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30126), as amended by section 6011, is amended by
redesignating subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
``(g) Application to Federal Judicial Nominations.--
``(1) In general.--For purposes of this section--
``(A) a disbursement by a covered organization for
a Federal judicial nomination communication shall be
treated as a campaign-related disbursement; and
``(B) in the case of campaign-related disbursements
which are for Federal judicial nomination
communications--
``(i) the dollar amounts in paragraphs (1)
and (2) of subsection (a) shall be applied
separately with respect to such disbursements
and other campaign-related disbursements;
``(ii) the election reporting cycle shall
be the calendar year in which the disbursement
for the Federal judicial nomination
communication is made;
``(iii) references to a candidate in
subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C)
shall be treated as references to a nominee for
a Federal judge or justice;
``(iv) the reference to an election in
subsection (a)(2)(C) shall be treated as a
reference to the nomination of such nominee.
``(2) Federal judicial nomination communication.--
``(A) In general.--The term `Federal judicial
nomination communication' means any communication--
``(i) that is by means of any broadcast,
cable, or satellite, paid internet, or paid
digital communication, paid promotion,
newspaper, magazine, outdoor advertising
facility, mass mailing, telephone bank,
telephone messaging effort of more than 500
substantially similar calls or electronic
messages within a 30-day period, or any other
form of general public political advertising;
and
``(ii) which promotes, supports, attacks,
or opposes the nomination or Senate
confirmation of an individual as a Federal
judge or justice.
``(B) Exception.--Such term shall not include any
news story, commentary, or editorial distributed
through the facilities of any broadcasting station or
any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are
owned or controlled by any political party, political
committee, or candidate.
``(C) Intent not required.--A disbursement for an
item described in subparagraph (A) shall be treated as
a disbursement for a Federal judicial nomination
communication regardless of the intent of the person
making the disbursement.''.
SEC. 6013. COORDINATION WITH FINCEN.
(a) In General.--The Director of the Financial Crimes Enforcement
Network of the Department of the Treasury shall provide the Federal
Election Commission with such information as necessary to assist in
administering and enforcing section 324 of the Federal Election
Campaign Act of 1971, as amended by this part.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Federal Election Commission,
in consultation with the Director of the Financial Crimes Enforcement
Network of the Department of the Treasury, shall submit to Congress a
report with recommendations for providing further legislative authority
to assist in the administration and enforcement of such section 324.
SEC. 6014. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR
CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED
TRANSFERS.
Section 319(b)(2) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(a)(1)(A)), as amended by section 6002, is amended--
(1) by striking ``includes any disbursement'' and inserting
``includes--
``(A) any disbursement'';
(2) by striking the period at the end and inserting ``;
and'', and
(3) by adding at the end the following new subparagraph:
``(B) any disbursement, other than a disbursement
described in section 324(a)(3)(A), to another person
who made a campaign-related disbursement consisting of
a covered transfer (as described in section 324) during
the 2-year period ending on the date of the
disbursement.''.
SEC. 6015. EFFECTIVE DATE.
The amendments made by this part shall apply with respect to
disbursements made on or after January 1, 2022, and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
PART 3--OTHER ADMINISTRATIVE REFORMS
SEC. 6021. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding
before the Supreme Court on certiorari)'' after ``appeal''.
SEC. 6022. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS.
(a) In General.--Title IV of the Federal Election Campaign Act of
1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section
406 the following new section:
``SEC. 407. JUDICIAL REVIEW.
``(a) In General.--If any action is brought for declaratory or
injunctive relief to challenge, whether facially or as-applied, the
constitutionality or lawfulness of any provision of this Act or of
chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to
with respect to any action of the Commission under chapter 95 or 96 of
the Internal Revenue Code of 1986, the following rules shall apply:
``(1) The action shall be filed in the United States
District Court for the District of Columbia and an appeal from
the decision of the district court may be taken to the Court of
Appeals for the District of Columbia Circuit.
``(2) In the case of an action relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision, the party filing the action shall concurrently
deliver a copy of the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
``(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals for
the District of Columbia Circuit to advance on the docket and
to expedite to the greatest possible extent the disposition of
the action and appeal.
``(b) Clarifying Scope of Jurisdiction.--If an action at the time
of its commencement is not subject to subsection (a), but an amendment,
counterclaim, cross-claim, affirmative defense, or any other pleading
or motion is filed challenging, whether facially or as-applied, the
constitutionality or lawfulness of this Act or of chapter 95 or 96 of
the Internal Revenue Code of 1986, or is brought to with respect to any
action of the Commission under chapter 95 or 96 of the Internal Revenue
Code of 1986, the district court shall transfer the action to the
District Court for the District of Columbia, and the action shall
thereafter be conducted pursuant to subsection (a).
``(c) Intervention by Members of Congress.--In any action described
in subsection (a) relating to declaratory or injunctive relief to
challenge the constitutionality of a provision, any Member of the House
of Representatives (including a Delegate or Resident Commissioner to
the Congress) or Senate shall have the right to intervene either in
support of or opposition to the position of a party to the case
regarding the constitutionality of the provision. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action,
the court in any such action may make such orders as it considers
necessary, including orders to require interveners taking similar
positions to file joint papers or to be represented by a single
attorney at oral argument.
``(d) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), for declaratory or injunctive relief to challenge, whether
facially or as-applied, the constitutionality of any provision of this
Act or chapter 95 or 96 of the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) Section 9011 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9011. JUDICIAL REVIEW.
``For provisions relating to judicial review of certifications,
determinations, and actions by the Commission under this chapter, see
section 407 of the Federal Election Campaign Act of 1971.''.
(2) Section 9041 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9041. JUDICIAL REVIEW.
``For provisions relating to judicial review of actions by the
Commission under this chapter, see section 407 of the Federal Election
Campaign Act of 1971.''.
(3) Section 310 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30110) is repealed.
(4) Section 403 of the Bipartisan Campaign Reform Act of
2002 (52 U.S.C. 30110 note) is repealed.
(c) Effective Date.--The amendments made by this section shall
apply to actions brought on or after January 1, 2021.
Subtitle B--Honest Ads
SEC. 6101. SHORT TITLE.
This subtitle may be cited as the ``Honest Ads Act''.
SEC. 6102. PURPOSE.
The purpose of this subtitle is to enhance the integrity of
American democracy and national security by improving disclosure
requirements for online political advertisements in order to uphold the
Supreme Court's well-established standard that the electorate bears the
right to be fully informed.
SEC. 6103. FINDINGS.
Congress makes the following findings:
(1) In 2002, the Bipartisan Campaign Reform Act of 2002
(Public Law 107-155) became law, establishing disclosure
requirements for political advertisements distributed from a
television or radio broadcast station or provider of cable or
satellite television. In 2003, the Supreme Court upheld
regulations on electioneering communications established under
the Act, noting that such requirements ``provide the electorate
with information and insure that the voters are fully informed
about the person or group who is speaking.'' The Court
reaffirmed this conclusion in 2010 by an 8-1 vote.
(2) In its 2006 rulemaking, the Federal Election
Commission, the independent Federal agency charged with
protecting the integrity of the Federal campaign finance
process, noted that 18 percent of all Americans cited the
internet as their leading source of news about the 2004
Presidential election. By contrast, Gallup and the Knight
Foundation found in 2020 that the majority of Americans, 58
percent, got most of their news about elections online.
(3) According to a study from Borrell Associates, in 2016,
$1,415,000,000 was spent on online advertising, more than
quadruple the amount in 2012.
(4) Effective and complete transparency for voters must
include information about the true and original source of money
given, transferred, and spent on political advertisements made
online.
(5) Campaign finance disclosure is a narrowly tailored and
minimally restrictive means to advance substantial government
interests, including fostering an informed electorate capable
of engaging in self-government and holding their elected
officials accountable, detecting and deterring quid pro quo
corruption, and identifying information necessary to enforce
other campaign finance laws, including campaign contribution
limits and the prohibition on foreign money in United States
campaigns. To further these substantial interests, campaign
finance disclosure must be timely and complete, and must
disclose the true and original source of money given,
transferred, and spent to influence Federal elections.
(6) As the Supreme Court recognized in its per curiam
opinion in Buckley v. Valeo, 424 U.S. 1 (1976), ``disclosure
requirements certainly in most applications appear to be the
least restrictive means of curbing the evils of campaign
ignorance and corruption that Congress found to exist.''
Buckley, 424 U.S. at 68. In Citizens United v. FEC, the Court
reiterated that ``disclosure is a less restrictive alternative
to more comprehensive regulations of speech.'' 558 U.S. 310,
369 (2010).
(7) No subsequent decision has called these holdings into
question, including the Court's decision in Americans for
Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That
case did not involve campaign finance disclosure, and the Court
did not overturn its longstanding recognition of the
substantial interests furthered by such disclosure.
(8) Paid advertising on large online platforms is different
from advertising placed on other common media in terms of the
comparatively low cost of reaching large numbers of people, the
availability of sophisticated microtargeting, and the ease with
which online advertisers, particularly those located outside
the United States, can evade disclosure requirements. Requiring
large online platforms to maintain public files of information
about the online political ads they disseminate is the best and
least restrictive means to ensure the voting public has
complete information about who is trying to influence their
votes and to aid enforcement of other laws, including the
prohibition on foreign money in domestic campaigns.
(9) The reach of a few large internet platforms--larger
than any broadcast, satellite, or cable provider--has greatly
facilitated the scope and effectiveness of disinformation
campaigns. For instance, the largest platform has over
210,000,000 American users--over 160,000,000 of them on a daily
basis. By contrast, the largest cable television provider has
22,430,000 subscribers, while the largest satellite television
provider has 21,000,000 subscribers. And the most-watched
television broadcast in United States history had 118,000,000
viewers.
(10) The public nature of broadcast television, radio, and
satellite ensures a level of publicity for any political
advertisement. These communications are accessible to the
press, fact-checkers, and political opponents. This creates
strong disincentives for a candidate to disseminate materially
false, inflammatory, or contradictory messages to the public.
Social media platforms, in contrast, can target portions of the
electorate with direct, ephemeral advertisements often on the
basis of private information the platform has on individuals,
enabling political advertisements that are contradictory,
racially or socially inflammatory, or materially false.
(11) According to comscore, 2 companies own 8 of the 10
most popular smart phone applications as of June 2017,
including the most popular social media and email services
which deliver information and news to users without requiring
proactivity by the user. Those same 2 companies accounted for
99 percent of revenue growth from digital advertising in 2016,
including 77 percent of gross spending. 79 percent of online
Americans--representing 68 percent of all Americans--use the
single largest social network, while 66 percent of these users
are most likely to get their news from that site.
(12) Large social media platforms are the only entities in
possession of certain key data related to paid online ads,
including the exact audience targeted by those ads and their
number of impressions. Such information, which cannot be
reliably disclosed by the purchasers of ads, is extremely
useful for informing the electorate, guarding against
corruption, and aiding in the enforcement of existing campaign
finance regulations.
(13) Paid advertisements on social media platforms have
served as critical tools for foreign online influence
campaigns--even those that rely on large amounts of unpaid
content--because such ads allow foreign actors to test the
effectiveness of different messages, expose their messages to
audiences who have not sought out such content, and recruit
audiences for future campaigns and posts.
(14) In testimony before the Senate Select Committee on
Intelligence titled, ``Disinformation: A Primer in Russian
Active Measures and Influence Campaigns'', multiple expert
witnesses testified that while the disinformation tactics of
foreign adversaries have not necessarily changed, social media
services now provide ``platform[s] practically purpose-built
for active measures[.]'' Similarly, as Gen. Keith B. Alexander
(RET.), the former Director of the National Security Agency,
testified, during the Cold War ``if the Soviet Union sought to
manipulate information flow, it would have to do so principally
through its own propaganda outlets or through active measures
that would generate specific news: planting of leaflets,
inciting of violence, creation of other false materials and
narratives. But the news itself was hard to manipulate because
it would have required actual control of the organs of media,
which took long-term efforts to penetrate. Today, however,
because the clear majority of the information on social media
sites is uncurated and there is a rapid proliferation of
information sources and other sites that can reinforce
information, there is an increasing likelihood that the
information available to average consumers may be inaccurate
(whether intentionally or otherwise) and may be more easily
manipulable than in prior eras.''.
(15) On November 24, 2016, The Washington Post reported
findings from 2 teams of independent researchers that concluded
Russians ``exploited American-made technology platforms to
attack U.S. democracy at a particularly vulnerable moment ***
as part of a broadly effective strategy of sowing distrust in
U.S. democracy and its leaders.''.
(16) On January 6, 2017, the Office of the Director of
National Intelligence published a report titled ``Assessing
Russian Activities and Intentions in Recent U.S. Elections'',
noting that ``Russian President Vladimir Putin ordered an
influence campaign in 2016 aimed at the US presidential
election * * *''. Moscow's influence campaign followed a
Russian messaging strategy that blends covert intelligence
operation--such as cyber activity--with overt efforts by
Russian Government agencies, state-funded media, third-party
intermediaries, and paid social media users or ``trolls''.
(17) On September 6, 2017, the nation's largest social
media platform disclosed that between June 2015 and May 2017,
Russian entities purchased $100,000 in political
advertisements, publishing roughly 3,000 ads linked to fake
accounts associated with the Internet Research Agency, a pro-
Kremlin organization. According to the company, the ads
purchased focused ``on amplifying divisive social and political
messages ***''.
(18) Findings from a 2017 study on the manipulation of
public opinion through social media conducted by the
Computational Propaganda Research Project at the Oxford
Internet Institute found that the Kremlin is using pro-Russian
bots to manipulate public discourse to a highly targeted
audience. With a sample of nearly 1,300,000 tweets, researchers
found that in the 2016 election's 3 decisive States, propaganda
constituted 40 percent of the sampled election-related tweets
that went to Pennsylvanians, 34 percent to Michigan voters, and
30 percent to those in Wisconsin. In other swing States, the
figure reached 42 percent in Missouri, 41 percent in Florida,
40 percent in North Carolina, 38 percent in Colorado, and 35
percent in Ohio.
(19) 2018 reporting by the Washington Post estimated that
paid Russian ads received more than 37,000,000 impressions in
2016 and 2017.
(20) A 2019 Senate Select Committee on Intelligence's
Report on Russian Active Measures Campaigns and Interference in
the 2016 U.S. Election Volume 2: Russia's Use of Social Media
with Additional Views, the Committee recommended ``that
Congress examine legislative approaches to ensuring Americans
know the sources of online political advertisements. The
Federal Election Campaign Act of 1971 requires political
advertisements on television, radio and satellite to disclose
the sponsor of the advertisement. The same requirements should
apply online. This will also help to ensure that the IRA or any
similarly situated actors cannot use paid advertisements for
purposes of foreign interference.''.
(21) A 2020 study by researchers at New York University
found undisclosed political advertisement purchases on a large
social media platform by a Chinese state media company in
violation of that platform's supposed prohibitions on foreign
spending on ads of social, national, or electoral importance.
(22) The same study also found that ``there are persistent
issues with advertisers failing to disclose political ads'' and
that in one social media platform's political ad archive,
68,879 pages (54.6 percent of pages with political ads included
in the archive) never provided a disclosure. Overall, there
were 357,099 ads run on that platforms without a disclosure,
accounting for at least $37,000,000 in spending on political
ads.
(23) A 2020 report by the bipartisan and bicameral U.S.
Cyberspace Solarium Commission found that ``Although foreign
nationals are banned from contributing to U.S. political
campaigns, they are still allowed to purchase U.S. political
advertisements online, making the internet a fertile
environment for conducting a malign influence campaign to
undermine American elections.'' The Commission concluded that
Russian interference in the 2016 election was and still is
possible, ``because the FECA, which establishes rules for
transparency in television, radio, and print media political
advertising, has not been amended to extend the same political
advertising requirements to internet platforms,'' and that
``[a]pplying these standards across all media of communication
would, among other things, increase transparency of funding for
political advertisements, which would in turn strengthen
regulators' ability to reduce improper foreign influence in our
elections.''
(24) On March 16, 2021, the Office of the Director of
National Intelligence released the declassified Intelligence
Community assessment of foreign threats to the 2020 U.S.
Federal elections. The declassified report found: ``Throughout
the election cycle, Russia's online influence actors sought to
affect U.S. public perceptions of the candidates, as well as
advance Moscow's longstanding goals of undermining confidence
in US election processes and increasing sociopolitical
divisions among the American people.'' The report also
determined that Iran sought to influence the election by
``creating and amplifying social media content that criticized
[candidates].''
(25) According to a Wall Street Journal report in April
2021, voluntary ad libraries operated by major platforms rely
on foreign governments to self-report political ad purchases.
These ad-buys, including those diminishing major human rights
violations like the Uighur genocide, are under-reported by
foreign government purchasers, with no substantial oversight or
repercussions from the platforms.
(26) Multiple reports have indicated that online ads have
become a key vector for strategic influence by the People's
Republic of China. An April 2021 Wall Street Journal report
noted that the Chinese government and Chinese state-owned
enterprises are major purchasers of ads on the U.S.'s largest
social media platform, including to advance Chinese propaganda.
(27) Large online platforms have made changes to their
policies intended to make it harder for foreign actors to
purchase political ads. However, these private actions have not
been taken by all platforms, have not been reliably enforced,
and are subject to immediate change at the discretion of the
platforms.
(28) The Federal Election Commission has failed to take
action to address online political advertisements and current
regulations on political advertisements do not provide
sufficient transparency to uphold the public's right to be
fully informed about political advertisements made online.
SEC. 6104. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the dramatic increase in digital political
advertisements, and the growing centrality of online platforms
in the lives of Americans, requires the Congress and the
Federal Election Commission to take meaningful action to ensure
that laws and regulations provide the accountability and
transparency that is fundamental to our democracy;
(2) free and fair elections require both transparency and
accountability which give the public a right to know the true
sources of funding for political advertisements, be they
foreign or domestic, in order to make informed political
choices and hold elected officials accountable; and
(3) transparency of funding for political advertisements is
essential to enforce other campaign finance laws, including the
prohibition on campaign spending by foreign nationals.
SEC. 6105. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Paragraph (22) of section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by
striking ``or satellite communication'' and inserting ``satellite, paid
internet, or paid digital communication''.
(b) Treatment of Contributions and Expenditures.--Section 301 of
such Act (52 U.S.C. 30101) is amended--
(1) in paragraph (8)(B)(v), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types of
general public political advertising'' and inserting ``in any
public communication''; and
(2) in paragraph (9)(B)--
(A) by amending clause (i) to read as follows:
``(i) any news story, commentary, or
editorial distributed through the facilities of
any broadcasting station or any print, online,
or digital newspaper, magazine, blog,
publication, or periodical, unless such
broadcasting, print, online, or digital
facilities are owned or controlled by any
political party, political committee, or
candidate;''; and
(B) in clause (iv), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types
of general public political advertising'' and inserting
``in any public communication''.
(c) Disclosure and Disclaimer Statements.--Subsection (a) of
section 318 of such Act (52 U.S.C. 30120) is amended--
(1) by striking ``financing any communication through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``financing any public
communication''; and
(2) by striking ``solicits any contribution through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``solicits any
contribution through any public communication''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated the final regulations necessary to carry out this part and
the amendments made by this part by the deadline set forth in
subsection (e).
(e) Regulation.--Not later than 1 year after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
regulations on what constitutes a paid internet or paid digital
communication for purposes of paragraph (22) of section 301 of the
Federal Election Campaign Act of 1971(52 U.S.C. 30101(22)), as amended
by subsection (a), except that such regulation shall not define a paid
internet or paid digital communication to include communications for
which the only payment consists of internal resources, such as employee
compensation, of the entity paying for the communication.
SEC. 6106. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.
(a) Expansion to Online Communications.--
(1) Application to qualified internet and digital
communications.--
(A) In general.--Subparagraph (A) of section
304(f)(3) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or
satellite communication'' each place it appears in
clauses (i) and (ii) and inserting ``satellite, or
qualified internet or digital communication''.
(B) Qualified internet or digital communication.--
Paragraph (3) of section 304(f) of such Act (52 U.S.C.
30104(f)) is amended by adding at the end the following
new subparagraph:
``(D) Qualified internet or digital
communication.--The term `qualified internet or digital
communication' means any communication which is placed
or promoted for a fee on an online platform (as defined
in subsection (k)(3)).''.
(2) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any
broadcast, cable, or satellite'' before ``communication''.
(3) News exemption.--Section 304(f)(3)(B)(i) of such Act
(52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station or any online or digital newspaper,
magazine, blog, publication, or periodical,
unless such broadcasting, online, or digital
facilities are owned or controlled by any
political party, political committee, or
candidate;''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to communications made on or after January 1, 2022
and shall take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out such
amendments.
SEC. 6107. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE
COMMUNICATIONS.
(a) Clear and Conspicuous Manner Requirement.--Subsection (a) of
section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30120(a)) is amended--
(1) by striking ``shall clearly state'' each place it
appears in paragraphs (1), (2), and (3) and inserting ``shall
state in a clear and conspicuous manner''; and
(2) by adding at the end the following flush sentence:
``For purposes of this section, a communication does not make a
statement in a clear and conspicuous manner if it is difficult
to read or hear or if the placement is easily overlooked.''.
(b) Special Rules for Qualified Internet or Digital
Communications.--
(1) In general.--Section 318 of such Act (52 U.S.C. 30120)
is amended by adding at the end the following new subsection:
``(e) Special Rules for Qualified Internet or Digital
Communications.--
``(1) Special rules with respect to statements.--In the
case of any qualified internet or digital communication (as
defined in section 304(f)(3)(D)) which is disseminated through
a medium in which the provision of all of the information
specified in this section is not possible, the communication
shall, in a clear and conspicuous manner--
``(A) state the name of the person who paid for the
communication; and
``(B) provide a means for the recipient of the
communication to obtain the remainder of the
information required under this section with minimal
effort and without receiving or viewing any additional
material other than such required information.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement in qualified internet or digital
communication (as defined in section 304(f)(3)(D)) shall be
considered to be made in a clear and conspicuous manner as
provided in subsection (a) if the communication meets the
following requirements:
``(A) Text or graphic communications.--In the case
of a text or graphic communication, the statement--
``(i) appears in letters at least as large
as the majority of the text in the
communication; and
``(ii) meets the requirements of paragraphs
(2) and (3) of subsection (c).
``(B) Audio communications.--In the case of an
audio communication, the statement is spoken in a
clearly audible and intelligible manner at the
beginning or end of the communication and lasts at
least 3 seconds.
``(C) Video communications.--In the case of a video
communication which also includes audio, the
statement--
``(i) is included at either the beginning
or the end of the communication; and
``(ii) is made both in--
``(I) a written format that meets
the requirements of subparagraph (A)
and appears for at least 4 seconds; and
``(II) an audible format that meets
the requirements of subparagraph (B).
``(D) Other communications.--In the case of any
other type of communication, the statement is at least
as clear and conspicuous as the statement specified in
subparagraph (A), (B), or (C).''.
(2) Nonapplication of certain exceptions.--The exceptions
provided in section 110.11(f)(1)(i) and (ii) of title 11, Code
of Federal Regulations, or any successor to such rules, shall
have no application to qualified internet or digital
communications (as defined in section 304(f)(3)(D) of the
Federal Election Campaign Act of 1971).
(c) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is
amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through
radio'' and inserting ``which is in an audio format'';
and
(B) by striking ``By radio'' in the heading and
inserting ``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through
television'' and inserting ``which is in video
format''; and
(B) by striking ``By television'' in the heading
and inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or
television'' and inserting ``made in audio or video
format''; and
(B) by striking ``through television'' in the
second sentence and inserting ``in video format''.
(d) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall take
effect without regard to whether or not the Federal Election Commission
has promulgated regulations to carry out such amendments.
SEC. 6108. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104), as amended by section 3802, is amended by
adding at the end the following new subsection:
``(k) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--
``(i) In general.--An online platform shall
maintain, and make available for online public
inspection in machine readable format, a
complete record of any request to purchase on
such online platform a qualified political
advertisement which is made by a person whose
aggregate requests to purchase qualified
political advertisements on such online
platform during the calendar year exceeds $500.
``(ii) Requirement relating to political
ads sold by third party advertising vendors.--
An online platform that displays a qualified
political advertisement sold by a third party
advertising vendor as defined in (3)(C), shall
include on its own platform an easily
accessible and identifiable link to the records
maintained by the third-party advertising
vendor under clause (i) regarding such
qualified political advertisement.
``(B) Requirements for advertisers.--Any person who
requests to purchase a qualified political
advertisement on an online platform shall provide the
online platform with such information as is necessary
for the online platform to comply with the requirements
of subparagraph (A).
``(2) Contents of record.--A record maintained under
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political
advertisement;
``(B) a description of the audience targeted by the
advertisement, the number of views generated from the
advertisement, and the date and time that the
advertisement is first displayed and last displayed;
and
``(C) information regarding--
``(i) the total cost of the advertisement;
``(ii) the name of the candidate to which
the advertisement refers and the office to
which the candidate is seeking election, the
election to which the advertisement refers, or
the national legislative issue to which the
advertisement refers (as applicable);
``(iii) in the case of a request made by,
or on behalf of, a candidate, the name of the
candidate, the authorized committee of the
candidate, and the treasurer of such committee;
and
``(iv) in the case of any request not
described in clause (iii), the name of the
person purchasing the advertisement, the name
and address of a contact person for such
person, and a list of the chief executive
officers or members of the executive committee
or of the board of directors of such person.
``(3) Online platform.--
``(A) In general.--For purposes of this subsection,
subject to subparagraph (B), the term `online platform'
means any public-facing website, web application, or
digital application (including a social network, ad
network, or search engine) which--
``(i)(I) sells qualified political
advertisements; and
``(II) has 50,000,000 or more unique
monthly United States visitors or users for a
majority of months during the preceding 12
months; or
``(ii) is a third-party advertising vendor
that has 50,000,000 or more unique monthly
United States visitors in the aggregate on any
advertisement space that it has sold or bought
for a majority of months during the preceding
12 months, as measured by an independent
digital ratings service accredited by the Media
Ratings Council (or its successor).
``(B) Exemption.--Such term shall not include any
online platform that is a distribution facility of any
broadcasting station or newspaper, magazine, blog,
publication, or periodical.
``(C) Third-party advertising vendor defined.--For
purposes of this subsection, the term `third-party
advertising vendor' includes, but is not limited to,
any third-party advertising vendor network, advertising
agency, advertiser, or third-party advertisement
serving company that buys and sells advertisement space
on behalf of unaffiliated third-party websites, search
engines, digital applications, or social media sites.
``(4) Qualified political advertisement.--For purposes of
this subsection, the term `qualified political advertisement'
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of
public importance.
``(5) Time to maintain file.--The information required
under this subsection shall be made available as soon as
possible and shall be retained by the online platform for a
period of not less than 4 years.
``(6) Special rule.--For purposes of this subsection,
multiple versions of an advertisement that contain no material
differences (such as versions that differ only because they
contain a recipient's name, or differ only in size, color,
font, or layout) may be treated as a single qualified political
advertisement.
``(7) Penalties.--For penalties for failure by online
platforms, and persons requesting to purchase a qualified
political advertisement on online platforms, to comply with the
requirements of this subsection, see section 309.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated the final regulations necessary to carry out this part and
the amendments made by this part by the deadline set forth in
subsection (c).
(c) Rulemaking.--Not later than 120 days after the date of the
enactment of this Act, the Federal Election Commission shall establish
rules--
(1) requiring common data formats for the record required
to be maintained under section 304(k) of the Federal Election
Campaign Act of 1971 (as added by subsection (a)) so that all
online platforms submit and maintain data online in a common,
machine-readable and publicly accessible format; and
(2) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date.
(d) Reporting.--Not later than 2 years after the date of the
enactment of this Act, and biannually thereafter, the Chairman of the
Federal Election Commission shall submit a report to Congress on--
(1) matters relating to compliance with and the enforcement
of the requirements of section 304(k) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) identifying ways to bring transparency and
accountability to political advertisements distributed online
for free.
SEC. 6109. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT
EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING
COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE
ADVERTISING.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121) is amended by adding at the end the following new subsection:
``(c) Responsibilities of Broadcast Stations, Providers of Cable
and Satellite Television, and Online Platforms.--
``(1) In general.--Each television or radio broadcast
station, provider of cable or satellite television, or online
platform (as defined in section 304(k)(3)) shall make
reasonable efforts to ensure that communications described in
section 318(a) and made available by such station, provider, or
platform are not purchased by a foreign national, directly or
indirectly.
``(2) Regulations.-- Not later than 1 year after the date
of the enactment of this subsection, the Commission shall
promulgate regulations on what constitutes reasonable efforts
under paragraph (1).''.
SEC. 6110. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING
SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE
NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE
SHARED.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104), as amended by section 3802 and section
6108(a), is amended by adding at the end the following new subsection:
``(l) Ensuring Display and Sharing of Sponsor Identification in
Online Political Advertisements.--
``(1) Requirement.--An online platform displaying a
qualified political advertisement shall--
``(A) display with the advertisement a visible
notice identifying the sponsor of the advertisement
(or, if it is not practical for the platform to display
such a notice, a notice that the advertisement is
sponsored by a person other than the platform); and
``(B) ensure that the notice will continue to be
displayed if a viewer of the advertisement shares the
advertisement with others on that platform.
``(2) Definitions.--In this subsection--
``(A) the term `online platform' has the meaning
given such term in subsection (k)(3); and
``(B) the term ``qualified political advertisement'
has the meaning given such term in subsection
(k)(4).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to advertisements displayed on or after the 120-day
period which begins on the date of the enactment of this Act and shall
take effect without regard to whether or not the Federal Election
Commission has promulgated regulations to carry out such amendments.
Subtitle C--Spotlight Act
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ``Spotlight Act''.
SEC. 6202. INCLUSION OF CONTRIBUTOR INFORMATION ON ANNUAL RETURNS OF
CERTAIN ORGANIZATIONS.
(a) Repeal of Regulations.--The final regulations of the Department
of the Treasury relating to guidance under section 6033 regarding the
reporting requirements of exempt organizations (published at 85 Fed.
Reg. 31959 (May 28, 2020)) shall have no force and effect.
(b) Inclusion of Contributor Information.--
(1) Social welfare organizations.--Section 6033(f)(1) of
the Internal Revenue Code of 1986 is amended by inserting
``(5),'' after ``paragraphs''.
(2) Labor organizations and business leagues.--Section 6033
of such Code is amended by redesignating subsection (o) as
subsection (p) and by inserting after subsection (n) the
following new subsection:
``(o) Additional Requirements for Organizations Described in
Subsections (c)(5) and (c)(6) of Section 501.--Every organization which
is described in paragraph (5) or (6) of section 501(c) and which is
subject to the requirements of subsection (a) shall include on the
return required under subsection (a) the information referred to in
subsection (b)(5).''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns required to be filed for taxable years
ending after the date of the enactment of this Act.
(c) Modification to Discretionary Exceptions.--Section
6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended to read
as follows:
``(B) Discretionary exceptions.--
``(i) In general.--Paragraph (1) shall not
apply to any organization if the Secretary made
a determination under this subparagraph before
July 16, 2018, that such filing is not
necessary to the efficient administration of
the internal revenue laws.
``(ii) Recommendations for other
exceptions.--The Secretary may recommend to
Congress that Congress relieve any organization
required under paragraph (1) to file an
information return from filing such a return if
the Secretary determines that such filing does
not advance a national security, law
enforcement, or tax administration purpose.''.
TITLE VII--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Stopping Super PAC-Candidate Coordination
SEC. 7001. SHORT TITLE.
This subtitle may be cited as the ``Stop Super PAC-Candidate
Coordination Act''.
SEC. 7002. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS
CONTRIBUTIONS TO CANDIDATES.
(a) Treatment as Contribution to Candidate.--Section 301(8)(A) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is
amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment made by any person (other than
a candidate, an authorized committee of a candidate, or
a political committee of a political party) for a
coordinated expenditure (as such term is defined in
section 326) which is not otherwise treated as a
contribution under clause (i) or clause (ii).''.
(b) Definitions.--Title III of such Act (52 U.S.C. 30101 et seq.)
is amended by adding at the end the following new section:
``SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES.
``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, or any payment for a covered
communication described in subsection (d), which is
made in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, an
authorized committee of a candidate, a political
committee of a political party, or agents of the
candidate or committee, as defined in subsection (b);
or
``(B) any payment for any communication which
republishes, disseminates, or distributes, in whole or
in part, any video or broadcast or any written,
graphic, or other form of campaign material prepared by
the candidate or committee or by agents of the
candidate or committee (including any excerpt or use of
any video from any such broadcast or written, graphic,
or other form of campaign material).
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered communication
described in subsection (d)) shall not be treated as a
coordinated expenditure under this subsection if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the
facilities of any broadcasting station, newspaper,
magazine, or other periodical publication, unless such
facilities are owned or controlled by any political
party, political committee, or candidate; or
``(B) the communication constitutes a candidate
debate or forum conducted pursuant to regulations
adopted by the Commission pursuant to section
304(f)(3)(B)(iii), or which solely promotes such a
debate or forum and is made by or on behalf of the
person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment
is made `in cooperation, consultation, or concert with, or at
the request or suggestion of,' a candidate, an authorized
committee of a candidate, a political committee of a political
party, or agents of the candidate or committee, if the payment,
or any communication for which the payment is made, is not made
entirely independently of the candidate, committee, or agents.
For purposes of the previous sentence, a payment or
communication not made entirely independently of the candidate
or committee includes any payment or communication made
pursuant to any general or particular understanding with, or
pursuant to any communication with, the candidate, committee,
or agents about the payment or communication.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered to
be made by a person in cooperation, consultation, or concert
with, or at the request or suggestion of, a candidate or
committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with any agent of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no communication
between the person and the candidate or committee, or any agent
of the candidate or committee, regarding the candidate's or
committee's campaign advertising, message, strategy, policy,
polling, allocation of resources, fundraising, or other
campaign activities.
``(3) No effect on party coordination standard.--Nothing in
this section shall be construed to affect the determination of
coordination between a candidate and a political committee of a
political party for purposes of section 315(d).
``(4) No safe harbor for use of firewall.--A person shall
be determined to have made a payment in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate or committee, in accordance with this section
without regard to whether or not the person established and
used a firewall or similar procedures to restrict the sharing
of information between individuals who are employed by or who
are serving as agents for the person making the payment.
``(c) Payments by Coordinated Spenders for Covered
Communications.--
``(1) Payments made in cooperation, consultation, or
concert with candidates.--For purposes of subsection (a)(1)(A),
if the person who makes a payment for a covered communication,
as defined in subsection (d), is a coordinated spender under
paragraph (2) with respect to the candidate as described in
subsection (d)(1), the payment for the covered communication is
made in cooperation, consultation, or concert with the
candidate.
``(2) Coordinated spender defined.--For purposes of this
subsection, the term `coordinated spender' means, with respect
to a candidate or an authorized committee of a candidate, a
person (other than a political committee of a political party)
for which any of the following applies:
``(A) During the 4-year period ending on the date
on which the person makes the payment, the person was
directly or indirectly formed or established by or at
the request or suggestion of, or with the encouragement
of, the candidate (including an individual who later
becomes a candidate) or committee or agents of the
candidate or committee, including with the approval of
the candidate or committee or agents of the candidate
or committee.
``(B) The candidate or committee or any agent of
the candidate or committee solicits funds, appears at a
fundraising event, or engages in other fundraising
activity on the person's behalf during the election
cycle involved, including by providing the person with
names of potential donors or other lists to be used by
the person in engaging in fundraising activity,
regardless of whether the person pays fair market value
for the names or lists provided. For purposes of this
subparagraph, the term `election cycle' means, with
respect to an election for Federal office, the period
beginning on the day after the date of the most recent
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election) and ending on the date of the next
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election).
``(C) The person is established, directed, or
managed by the candidate or committee or by any person
who, during the 4-year period ending on the date on
which the person makes the payment, has been employed
or retained as a political, campaign media, or
fundraising adviser or consultant for the candidate or
committee or for any other entity directly or
indirectly controlled by the candidate or committee, or
has held a formal position with the candidate or
committee (including a position as an employee of the
office of the candidate at any time the candidate held
any Federal, State, or local public office during the
4-year period).
``(D) The person has retained the professional
services of any person who, during the 2-year period
ending on the date on which the person makes the
payment, has provided or is providing professional
services relating to the campaign to the candidate or
committee, without regard to whether the person
providing the professional services used a firewall.
For purposes of this subparagraph, the term
`professional services' includes any services in
support of the candidate's or committee's campaign
activities, including advertising, message, strategy,
policy, polling, allocation of resources, fundraising,
and campaign operations, but does not include
accounting or legal services.
``(E) The person is established, directed, or
managed by a member of the immediate family of the
candidate, or the person or any officer or agent of the
person has had more than incidental discussions about
the candidate's campaign with a member of the immediate
family of the candidate. For purposes of this
subparagraph, the term `immediate family' has the
meaning given such term in section 9004(e) of the
Internal Revenue Code of 1986.
``(d) Covered Communication Defined.--
``(1) In general.--For purposes of this section, the term
`covered communication' means, with respect to a candidate or
an authorized committee of a candidate, a public communication
(as defined in section 301(22)) which--
``(A) expressly advocates the election of the
candidate or the defeat of an opponent of the candidate
(or contains the functional equivalent of express
advocacy);
``(B) promotes or supports the election of the
candidate, or attacks or opposes the election of an
opponent of the candidate (regardless of whether the
communication expressly advocates the election or
defeat of a candidate or contains the functional
equivalent of express advocacy); or
``(C) refers to the candidate or an opponent of the
candidate but is not described in subparagraph (A) or
subparagraph (B), but only if the communication is
disseminated during the applicable election period.
``(2) Applicable election period.--In paragraph (1)(C), the
`applicable election period' with respect to a communication
means--
``(A) in the case of a communication which refers
to a candidate in a general, special, or runoff
election, the 120-day period which ends on the date of
the election; or
``(B) in the case of a communication which refers
to a candidate in a primary or preference election, or
convention or caucus of a political party that has
authority to nominate a candidate, the 60-day period
which ends on the date of the election or convention or
caucus.
``(3) Special rules for communications involving
congressional candidates.--For purposes of this subsection, a
public communication shall not be considered to be a covered
communication with respect to a candidate for election for an
office other than the office of President or Vice President
unless it is publicly disseminated or distributed in the
jurisdiction of the office the candidate is seeking.
``(e) Penalty.--
``(1) Determination of amount.--Any person who knowingly
and willfully commits a violation of this Act by making a
contribution which consists of a payment for a coordinated
expenditure shall be fined an amount equal to the greater of--
``(A) in the case of a person who makes a
contribution which consists of a payment for a
coordinated expenditure in an amount exceeding the
applicable contribution limit under this Act, 300
percent of the amount by which the amount of the
payment made by the person exceeds such applicable
contribution limit; or
``(B) in the case of a person who is prohibited
under this Act from making a contribution in any
amount, 300 percent of the amount of the payment made
by the person for the coordinated expenditure.
``(2) Joint and several liability.--Any director, manager,
or officer of a person who is subject to a penalty under
paragraph (1) shall be jointly and severally liable for any
amount of such penalty that is not paid by the person prior to
the expiration of the 1-year period which begins on the date
the Commission imposes the penalty or the 1-year period which
begins on the date of the final judgment following any judicial
review of the Commission's action, whichever is later.''.
(c) Effective Date.--
(1) Repeal of existing regulations on coordination.--
Effective upon the expiration of the 90-day period which begins
on the date of the enactment of this Act--
(A) the regulations on coordinated communications
adopted by the Federal Election Commission which are in
effect on the date of the enactment of this Act (as set
forth under the heading ``Coordination'' in subpart C
of part 109 of title 11, Code of Federal Regulations)
are repealed; and
(B) the Federal Election Commission shall
promulgate new regulations on coordinated
communications which reflect the amendments made by
this Act.
(2) Effective date.--The amendments made by this section
shall apply with respect to payments made on or after the
expiration of the 120-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Federal Election Commission has promulgated regulations in
accordance with paragraph (1)(B) as of the expiration of such
period.
SEC. 7003. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY
FEDERAL CANDIDATES AND OFFICEHOLDERS.
(a) In General.--Section 323(e)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) solicit, receive, direct, or transfer funds
to or on behalf of any political committee which
accepts donations or contributions that do not comply
with the limitations, prohibitions, and reporting
requirements of this Act (or to or on behalf of any
account of a political committee which is established
for the purpose of accepting such donations or
contributions), or to or on behalf of any political
organization under section 527 of the Internal Revenue
Code of 1986 which accepts such donations or
contributions (other than a committee of a State or
local political party or a candidate for election for
State or local office).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring after January 1, 2022.
Subtitle B--Restoring Integrity to America's Elections
SEC. 7101. SHORT TITLE.
This subtitle may be cited as the ``Restoring Integrity to
America's Elections Act''.
SEC. 7102. REVISION TO ENFORCEMENT PROCESS.
(a) Standard for Initiating Investigations and Determining Whether
Violations Have Occurred.--
(1) Revision of standards.--Section 309(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended
by striking paragraphs (2) and (3) and inserting the following:
``(2)(A) The general counsel, upon receiving a complaint filed with
the Commission under paragraph (1) or upon the basis of information
ascertained by the Commission in the normal course of carrying out its
supervisory responsibilities, shall make a determination as to whether
or not there is reason to believe that a person has committed, or is
about to commit, a violation of this Act or chapter 95 or chapter 96 of
the Internal Revenue Code of 1986, and as to whether or not the
Commission should either initiate an investigation of the matter or
that the complaint should be dismissed. The general counsel shall
promptly provide notification to the Commission of such determination
and the reasons therefore, together with any written response submitted
under paragraph (1) by the person alleged to have committed the
violation. Upon the expiration of the 30-day period which begins on the
date the general counsel provides such notification, the general
counsel's determination shall take effect, unless during such 30-day
period the Commission, by vote of a majority of the members of the
Commission who are serving at the time, overrules the general counsel's
determination. If the determination by the general counsel that the
Commission should investigate the matter takes effect, or if the
determination by the general counsel that the complaint should be
dismissed is overruled as provided under the previous sentence, the
general counsel shall initiate an investigation of the matter on behalf
of the Commission.
``(B) If the Commission initiates an investigation pursuant to
subparagraph (A), the Commission, through the Chair, shall notify the
subject of the investigation of the alleged violation. Such
notification shall set forth the factual basis for such alleged
violation. The Commission shall make an investigation of such alleged
violation, which may include a field investigation or audit, in
accordance with the provisions of this section. The general counsel
shall provide notification to the Commission of any intent to issue a
subpoena or conduct any other form of discovery pursuant to the
investigation. Upon the expiration of the 15-day period which begins on
the date the general counsel provides such notification, the general
counsel may issue the subpoena or conduct the discovery, unless during
such 15-day period the Commission, by vote of a majority of the members
of the Commission who are serving at the time, prohibits the general
counsel from issuing the subpoena or conducting the discovery.
``(3)(A) Upon completion of an investigation under paragraph (2),
the general counsel shall make a determination as to whether or not
there is probable cause to believe that a person has committed, or is
about to commit, a violation of this Act or chapter 95 or chapter 96 of
the Internal Revenue Code of 1986, and shall promptly submit such
determination to the Commission, and shall include with the
determination a brief stating the position of the general counsel on
the legal and factual issues of the case.
``(B) At the time the general counsel submits to the Commission the
determination under subparagraph (A), the general counsel shall
simultaneously notify the respondent of such determination and the
reasons therefore, shall provide the respondent with an opportunity to
submit a brief within 30 days stating the position of the respondent on
the legal and factual issues of the case and replying to the brief of
the general counsel. The general counsel shall promptly submit such
brief to the Commission upon receipt.
``(C) Upon the expiration of the 30-day period which begins on the
date the general counsel submits the determination to the Commission
under subparagraph (A) (or, if the respondent submits a brief under
subparagraph (B), upon the expiration of the 30-day period which begins
on the date the general counsel submits the respondent's brief to the
Commission under such subparagraph), the general counsel's
determination shall take effect, unless during such 30-day period the
Commission, by vote of a majority of the members of the Commission who
are serving at the time, overrules the general counsel's determination.
If the determination by the general counsel that there is probable
cause to believe that a person has committed, or is about to commit, a
violation of this Act or chapter 95 or chapter 96 of the Internal
Revenue Code of 1986, or if the determination by the general counsel
that there is not probable cause that a person has committed or is
about to commit such a violation is overruled as provided under the
previous sentence, for purposes of this subsection, the Commission
shall be deemed to have determined that there is probable cause that
the person has committed or is about to commit such a violation.''.
(2) Conforming amendment relating to initial response to
filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C.
30109(a)(1)) is amended--
(A) in the third sentence, by striking ``the
Commission'' and inserting ``the general counsel''; and
(B) by amending the fourth sentence to read as
follows: ``Not later than 15 days after receiving
notice from the general counsel under the previous
sentence, the person may provide the general counsel
with a written response that no action should be taken
against such person on the basis of the complaint.''.
(b) Revision of Standard for Review of Dismissal of Complaints.--
(1) In general.--Section 309(a)(8) of such Act (52 U.S.C.
30109(a)(8)) is amended to read as follows:
``(8)(A)(i) Any party aggrieved by an order of the Commission
dismissing a complaint filed by such party may file a petition with the
United States District Court for the District of Columbia. Any petition
under this subparagraph shall be filed within 60 days after the date on
which the party received notice of the dismissal of the complaint.
``(ii) In any proceeding under this subparagraph, the court shall
determine by de novo review whether the agency's dismissal of the
complaint is contrary to law. In any matter in which the penalty for
the alleged violation is greater than $50,000, the court should
disregard any claim or defense by the Commission of prosecutorial
discretion as a basis for dismissing the complaint.
``(B)(i) Any party who has filed a complaint with the Commission
and who is aggrieved by a failure of the Commission, within one year
after the filing of the complaint, to act on such complaint, may file a
petition with the United States District Court for the District of
Columbia.
``(ii) In any proceeding under this subparagraph, the court shall
determine by de novo review whether the agency's failure to act on the
complaint is contrary to law.
``(C) In any proceeding under this paragraph the court may declare
that the dismissal of the complaint or the failure to act is contrary
to law, and may direct the Commission to conform with such declaration
within 30 days, failing which the complainant may bring, in the name of
such complainant, a civil action to remedy the violation involved in
the original complaint.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply--
(A) in the case of complaints which are dismissed
by the Federal Election Commission, with respect to
complaints which are dismissed on or after the date of
the enactment of this Act; and
(B) in the case of complaints upon which the
Federal Election Commission failed to act, with respect
to complaints which were filed on or after the date of
the enactment of this Act.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
new regulations on the enforcement process under section 309 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30109) to take into
account the amendments made by this section.
SEC. 7103. ACTING GENERAL COUNSEL.
Section 306(f)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(f)(1)) is amended by adding at the end the following new
sentence: ``In the event of a vacancy in the position of the General
Counsel, the most senior attorney employed within the Office of the
General Counsel at the time the vacancy arises shall exercise all the
responsibilities of the General Counsel until the vacancy is filled.''.
SEC. 7104. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY
OPINIONS BY PERSONS OPPOSING THE REQUESTS.
(a) In General.--Section 308 of such Act (52 U.S.C. 30108) is
amended by adding at the end the following new subsection:
``(e) To the extent that the Commission provides an opportunity for
a person requesting an advisory opinion under this section (or counsel
for such person) to appear before the Commission to present testimony
in support of the request, and the person (or counsel) accepts such
opportunity, the Commission shall provide a reasonable opportunity for
an interested party who submitted written comments under subsection (d)
in response to the request (or counsel for such interested party) to
appear before the Commission to present testimony in response to the
request.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to requests for advisory opinions under section 308
of the Federal Election Campaign Act of 1971 which are made on or after
the date of the enactment of this Act.
SEC. 7105. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY.
(a) Extension of Authority.--Section 309(a)(4)(C)(v) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended
by striking ``, and that end on or before December 31, 2023''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on December 31, 2021.
SEC. 7106. RESTRICTIONS ON EX PARTE COMMUNICATIONS.
Section 306(e) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(e)) is amended--
(1) by striking ``(e) The Commission'' and inserting
``(e)(1) The Commission''; and
(2) by adding at the end the following new paragraph:
``(2) Members and employees of the Commission shall be subject to
limitations on ex parte communications, as provided in the regulations
promulgated by the Commission regarding such communications which are
in effect on the date of the enactment of this paragraph.''.
SEC. 7107. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN
SUPREME COURT.
(a) Clarifying Authority.--Section 306(f)(4) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by
striking ``any action instituted under this Act, either (A) by
attorneys'' and inserting ``any action instituted under this Act,
including an action before the Supreme Court of the United States,
either (A) by the General Counsel of the Commission and other
attorneys''.
(b) Effective Date.--The amendment made by paragraph (1) shall
apply with respect to actions instituted before, on, or after the date
of the enactment of this Act.
SEC. 7108. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.
(a) Requirement.--Section 311(a)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the
semicolon at the end and inserting the following: ``, and shall ensure
that all such forms (including forms in an electronic format) permit
the person using the form to include an accent mark as part of the
person's identification;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the expiration of the 90-day period which begins on
the date of the enactment of this Act.
SEC. 7109. EXTENSION OF THE STATUTES OF LIMITATIONS FOR OFFENSES UNDER
THE FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) Civil Offenses.--Section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by inserting after
paragraph (9) the following new paragraph:
``(10) No person shall be subject to a civil penalty under this
subsection with respect to a violation of this Act unless a complaint
is filed with the Commission with respect to the violation under
paragraph (1), or the Commission responds to information with respect
to the violation which is ascertained in the normal course of carrying
out its supervisory responsibilities under paragraph (2), not later
than 10 years after the date on which the violation occurred.''.
(b) Criminal Offenses.--Section 406(a) of such Act (52 U.S.C.
30145(a)) is amended by striking ``5 years'' and inserting ``10
years''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after the date of
enactment of this Act.
SEC. 7110. EFFECTIVE DATE; TRANSITION.
(a) In General.--Except as otherwise provided, this subtitle and
the amendments made by this subtitle shall take effect and apply on the
date of the enactment of this Act, without regard to whether or not the
Federal Election Commission has promulgated regulations to carry out
this subtitle and the amendments made by this subtitle.
(b) Transition.--
(1) No effect on existing cases or proceedings.--Nothing in
this subtitle or in any amendment made by this subtitle shall
affect any of the powers exercised by the Federal Election
Commission prior to the date of the enactment of this Act,
including any investigation initiated by the Commission prior
to such date or any proceeding (including any enforcement
action) pending as of such date.
(2) Treatment of certain complaints.--If, as of the date of
the enactment of this Act, the General Counsel of the Federal
Election Commission has not made any recommendation to the
Commission under section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109) with respect to a
complaint filed prior to the date of the enactment of this Act,
this subtitle and the amendments made by this subtitle shall
apply with respect to the complaint in the same manner as this
subtitle and the amendments made by this subtitle apply with
respect to a complaint filed on or after the date of the
enactment of this Act.
TITLE VIII--CITIZEN EMPOWERMENT
Subtitle A--Funding to Promote Democracy
PART 1--PAYMENTS AND ALLOCATIONS TO STATES
SEC. 8001. STATE DEMOCRACY PROMOTION PROGRAM.
(a) Establishment.--There is established a program to be known as
the ``State Democracy Promotion Program'' under which the Director of
the Office of State Democracy Promotion shall make allocations to each
State for each fiscal year to carry out democracy promotion activities
described in subsection (b).
(b) Democracy Promotion Activities Described.--The democracy
promotion activities described in this subsection are as follows:
(1) Activities to promote innovation to improve efficiency
and smooth functioning in the administration of elections for
Federal office and to secure the infrastructure used in the
administration of such elections, including making upgrades to
voting equipment and voter registration systems, securing
voting locations, expanding polling places and the availability
of early and mail voting, recruiting and training nonpartisan
election officials, and promoting cybersecurity.
(2) Activities to ensure equitable access to democracy,
including the following:
(A) Enabling candidates who seek office in the
State to receive payments as participating candidates
under title V of the Federal Election Campaign Act of
1971 (as added by subtitle B), but only if the State
will enable candidates to receive such payments during
an entire election cycle.
(B) Operating a Democracy Credit Program under part
1 of subtitle B, but only if the State will operate the
program during an entire election cycle.
(C) Other activities to ensure equitable access to
democracy, including administering a ranked-choice
voting system and carrying out Congressional
redistricting through independent commissions.
(3) Activities to increase access to voting in elections
for Federal office by underserved communities, individuals with
disabilities, racial and language minority groups, individuals
entitled to vote by absentee ballot under the Uniformed and
Overseas Citizens Absentee Voting Act, and voters residing in
Indian lands.
(c) Permitting States to Retain and Reserve Allocations for Future
Use.--A State may retain and reserve an allocation received for a
fiscal year to carry out democracy promotion activities in any
subsequent fiscal year.
(d) Requiring Submission and Approval of State Plan.--
(1) In general.--A State shall receive an allocation under
the Program for a fiscal year if--
(A) not later than 90 days before the first day of
the fiscal year, the chief State election official of
the State submits to the Director the State plan
described in section 8002; and
(B) not later than 45 days before the first day of
the fiscal year, the Director, in consultation with the
Election Assistance Commission and the Federal Election
Commission as described in paragraph (3), determines
that the State plan will enable the State to carry out
democracy promotion activities and approves the plan.
(2) Submission and approval of revised plan.--If the
Director does not approve the State plan as submitted by the
State under paragraph (1) with respect to a fiscal year, the
State shall receive a payment under the Program for the fiscal
year if, at any time prior to the end of the fiscal year--
(A) the chief State election official of the State
submits a revised version of the State plan; and
(B) the Director, in consultation with the Election
Assistance Commission and the Federal Election
Commission as described in paragraph (3), determines
that the revised version of the State plan will enable
the State to carry out democracy promotion activities
and approves the plan.
(3) Election assistance commission and federal election
commission consultation.--With respect to a State plan
submitted under paragraph (1) or a revised plan submitted under
paragraph (2)--
(A) the Director shall, prior to making a
determination on approval of the plan, consult with the
Election Assistance Commission with respect to the
proposed State activities described in subsection
(b)(1) and with the Federal Election Commission with
respect to the proposed State activities described in
subsection (b)(2)(A) and (b)(2)(B); and
(B) the Election Assistance Commission and the
Federal Election Commission shall submit to the
Director a written assessment with respect to whether
the proposed activities of the plan satisfy the
requirements of this Act.
(4) Consultation with legislature.--The chief State
election official of the State shall develop the State plan
submitted under paragraph (1) and the revised plan submitted
under paragraph (2) in consultation with the majority party and
minority party leaders of each house of the State legislature.
(e) State Report on Use of Allocations.--Not later than 90 days
after the last day of a fiscal year for which an allocation was made to
the State under the Program, the chief State election official of the
State shall submit a report to the Director describing how the State
used the allocation, including a description of the democracy promotion
activities the State carried out with the allocation.
(f) Effective Date.--This section shall apply with respect to
fiscal year 2023 and each succeeding fiscal year.
SEC. 8002. STATE PLAN.
(a) Contents.--A State plan under this section with respect to a
State is a plan containing each of the following:
(1) A description of the democracy promotion activities the
State will carry out with the payment made under the Program.
(2) A statement of whether or not the State intends to
retain and reserve the payment for future democracy promotion
activities.
(3) A description of how the State intends to allocate
funds to carry out the proposed activities, which shall include
the amount the State intends to allocate to each such activity,
including (if applicable) a specific allocation for--
(A) activities described in subsection 8001(b)(1)
(relating to election administration);
(B) activities described in section 8001(b)(2)(A)
(relating to payments to participating candidates in
the State under title V of the Federal Election
Campaign Act of 1971); and
(C) activities described in section 8001(b)(2)(B)
(relating to the operation of a Democracy Credit
Program under part 1 of subtitle B).
(4) A description of how the State will establish the fund
described in subsection (b) for purposes of administering the
democracy promotion activities which the State will carry out
with the payment, including information on fund management.
(5) A description of the State-based administrative
complaint procedures established for purposes of section
8003(b).
(6) A statement regarding whether the proposed activities
to be funded are permitted under State law, or whether the
official intends to seek legal authorization for such
activities.
(b) Requirements for Fund.--
(1) Fund described.--For purposes of subsection (a)(4), a
fund described in this subsection with respect to a State is a
fund which is established in the treasury of the State
government, which is used in accordance with paragraph (2), and
which consists of the following amounts:
(A) Amounts appropriated or otherwise made
available by the State for carrying out the democracy
promotion activities for which the payment is made to
the State under the Program.
(B) The payment made to the State under the
Program.
(C) Such other amounts as may be appropriated under
law.
(D) Interest earned on deposits of the fund.
(2) Use of fund.--Amounts in the fund shall be used by the
State exclusively to carry out democracy promotion activities
for which the payment is made to the State under the Program.
(3) Treatment of states that require changes to state
law.--In the case of a State that requires State legislation to
establish the fund described in this subsection, the Director
shall defer disbursement of the payment to such State under the
Program until such time as legislation establishing the fund is
enacted.
SEC. 8003. PROHIBITING REDUCTION IN ACCESS TO PARTICIPATION IN
ELECTIONS.
(a) Prohibiting Use of Payments.--A State may not use a payment
made under the Program to carry out any activity which has the purpose
or effect of diminishing the ability of any citizen of the United
States to participate in the electoral process.
(b) State-based Administrative Complaint Procedures.--
(1) Establishment.--A State receiving a payment under the
Program shall establish uniform and nondiscriminatory State-
based administrative complaint procedures under which any
person who believes that a violation of subsection (a) has
occurred, is occurring, or is about to occur may file a
complaint.
(2) Notification to director.--The State shall transmit to
the Director a description of each complaint filed under the
procedures, together with--
(A) if the State provides a remedy with respect to
the complaint, a description of the remedy; or
(B) if the State dismisses the complaint, a
statement of the reasons for the dismissal.
(3) Review by director.--
(A) Request for review.--Any person who is
dissatisfied with the final decision under a State-
based administrative complaint procedure under this
subsection may, not later than 60 days after the
decision is made, file a request with the Director to
review the decision.
(B) Action by director.--Upon receiving a request
under subparagraph (A), the Director shall review the
decision and, in accordance with such procedures as the
Director may establish, including procedures to provide
notice and an opportunity for a hearing, may uphold the
decision or reverse the decision and provide an
appropriate remedy.
(4) Right to petition for review.--
(A) In general.--Any person aggrieved by an action
of the Director under subparagraph (B) of paragraph (3)
may file a petition with the United States District
Court for the District of Columbia.
(B) Deadline to file petition.--Any petition under
this subparagraph shall be filed not later than 60 days
after the date of the action taken by the Director
under subparagraph (B) of paragraph (3).
(C) Standard of review.--In any proceeding under
this paragraph, the court shall determine whether the
action of the Director was arbitrary, capricious, an
abuse of discretion, or otherwise not in accordance
with law under section 706 of title 5, United States
Code, and may direct the Office to conform with any
such determination within 30 days.
(c) Action by Attorney General for Declaratory and Injunctive
Relief.--The Attorney General may bring a civil action against any
State in an appropriate United States District Court for such
declaratory and injunctive relief (including a temporary restraining
order, a permanent or temporary injunction, or other order) as may be
necessary to enforce subsection (a).
SEC. 8004. AMOUNT OF STATE ALLOCATION.
(a) State-specific Amount.--The amount of the allocation made to a
State under the Program for a fiscal year shall be equal to the product
of--
(1) the Congressional district allocation amount
(determined under subsection (b)); and
(2) the number of Congressional districts in the State for
the next regularly scheduled general election for Federal
office held in the State.
(b) Congressional District Allocation Amount.--For purposes of
subsection (a), the ``Congressional district allocation amount'' with
respect to a fiscal year is equal to the quotient of--
(1) the aggregate amount available for allocations to
States under the Program for the fiscal year, as determined by
the Director under subsection (c); divided by
(2) the total number of Congressional districts in all
States.
(c) Determination of Aggregate Amount Available for Allocations;
Notification to States.--Not later than 120 days before the first day
of each fiscal year, the Director--
(1) shall, in accordance with section 8012, determine and
establish the aggregate amount available for allocations to
States under the Program for the fiscal year; and
(2) shall notify each State of the amount of the State's
allocation under the Program for the fiscal year.
(d) Source of Payments.--The amounts used to make allocations and
payments under the Program shall be derived solely from the Trust Fund.
SEC. 8005. PROCEDURES FOR DISBURSEMENTS OF PAYMENTS AND ALLOCATIONS.
(a) Direct Payments to States for Certain Activities Under State
Plan.--
(1) Direct payment.--If the approved State plan of a State
includes activities for which allocations are not made under
subsections (b), (c), or (d), upon approving the State plan
under section 8002, the Director shall direct the Secretary of
the Treasury to disburse amounts from the Trust Fund for
payment to the State in the aggregate amount provided under the
plan for such activities.
(2) Timing.--As soon as practicable after the Director
directs the Secretary of the Treasury to disburse amounts for
payment to a State under paragraph (1), the Secretary of the
Treasury shall make the payment to the State under such
paragraph.
(3) Continuing availability of funds after appropriation.--
A payment made to a State under this subsection shall be
available without fiscal year limitation.
(b) Allocation to Election Assistance Commission for Payments to
States for Certain Election Administration Activities.--
(1) Allocation.--If the approved State plan of a State
includes activities described in section 8001(b)(1), upon
approving the State plan under section 8002, the Director shall
direct the Secretary of the Treasury to allocate to the
Election Assistance Commission the amount provided for such
activities under the plan.
(2) Payment to state.--As soon as practicable after
receiving an allocation under paragraph (1) with respect to a
State, the Election Assistance Commission shall make a payment
to the State in the amount of the State's allocation.
(3) Continuing availability of funds after appropriation.--
A payment made to a State by the Election Assistance Commission
under this subsection shall be available without fiscal year
limitation.
(c) Allocation to Federal Election Commission for Payments to
Participating Candidates From State.--If the approved State plan of a
State includes activities described in section 8001(b)(2)(A), relating
to payments to participating candidates in the State under title V of
the Federal Election Campaign Act of 1971, upon approving the State
plan under section 8002, the Director shall direct the Secretary of the
Treasury to allocate to the Federal Election Commission the amount
provided for such activities under the plan.
(d) Allocation to Federal Election Commission for Payments for
Democracy Credit Program.--If the approved State plan of a State
includes activities described in section 8001(b)(2)(B), relating to
payments to the State for the operation of a Democracy Credit Program
under part 1 of subtitle B, upon approving the State plan under section
8002, the Director shall direct the Secretary of the Treasury to
allocate to the Federal Election Commission the amount provided for
such activities under the plan.
SEC. 8006. OFFICE OF STATE DEMOCRACY PROMOTION.
(a) Establishment.--There is established as an independent
establishment in the executive branch the Office of State Democracy
Promotion.
(b) Director.--
(1) In general.--The Office shall be headed by a Director,
who shall be appointed by the President with the advice and
consent of the Senate.
(2) Term of service.--The Director shall serve for a term
of 6 years and may be reappointed to an additional term, and
may continue serving as Director until a replacement is
appointed. A vacancy in the position of Director shall be
filled in the same manner as the original appointment.
(3) Compensation.--The Director shall be paid at an annual
rate of pay equal to the annual rate in effect for level II of
the Executive Schedule.
(c) General Counsel and Other Staff.--
(1) General counsel.--The Director shall appoint a general
counsel who shall be paid at an annual rate of pay equal to the
annual rate in effect for level III of the Executive Schedule.
In the event of a vacancy in the position of the Director, the
General Counsel shall exercise all the responsibilities of the
Director until such vacancy is filled.
(2) Senior staff.--The Director may appoint and fix the pay
of staff designated as Senior staff, such as a Deputy Director,
who may be paid at an annual rate of pay equal to the annual
rate in effect for level IV of the Executive Schedule.
(3) Other staff.--In addition to the General Counsel and
Senior staff, the Director may appoint and fix the pay of such
other staff as the Director considers necessary to carry out
the duties of the Office, except that no such staff may be
compensated at an annual rate exceeding the daily equivalent of
the annual rate of basic pay in effect for grade GS-15 of the
General Schedule.
(d) Duties.--The duties of the Office are as follows:
(1) Administration of program.--The Director shall
administer the Program, in consultation with the Election
Assistance Commission and the Federal Election Commission,
including by holding quarterly meetings of representatives from
such Commissions.
(2) Oversight of trust fund.--The Director shall oversee
the operation of the Trust Fund and monitor its balances, in
consultation with the Secretary of the Treasury. The Director
may hold funds in reserve to cover the expenses of the Office
and to preserve the solvency of the Trust Fund.
(3) Reports.--Not later than 180 days after the date of the
regularly scheduled general election for Federal office held in
2024 and each succeeding regularly scheduled general election
for Federal office thereafter, the Director shall submit to the
Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration
of the Senate a report on the activities carried out under the
Program and the amounts deposited into and paid from the Trust
Fund during the two most recent fiscal years.
(e) Coverage Under Inspector General Act of 1978 for Conducting
Audits and Investigations.--
(1) In general.--Section 8G(a)(2) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by inserting ``the
Office of State Democracy Promotion,'' after ``Election
Assistance Commission,''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 180 days after the appointment of the
Director.
(f) Coverage Under Hatch Act.--Clause (i) of section 7323(b)(2)(B)
of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subclause (XIII); and
(2) by adding at the end the following new subclause:
``(XV) the Office of State Democracy Promotion;
or''.
(g) Regulations.--
(1) In general.--Except as provided in paragraph (2), not
later than 270 days after the date of enactment of this Act,
the Director shall promulgate such rules and regulations as the
Director considers necessary and appropriate to carry out the
duties of the Office under this Act and the amendments made by
this Act.
(2) State plan submission and approval and distribution of
funds.--Not later than 90 days after the date of the
confirmation or appointment of the Director, the Director shall
promulgate such rules and regulations as the Director considers
necessary and appropriate to carry out the requirements of this
part and the amendments made by this part.
(3) Comments by the election assistance commission and the
federal election commission.--The Election Assistance
Commission and the Federal Election Assistance shall timely
submit comments with respect to any proposed regulations
promulgated by the Director under this subsection.
(h) Authorization of Appropriations.--There are authorized to be
appropriated from the Trust Fund such sums as may be necessary to carry
out the activities of the Office for fiscal year 2023 and each
succeeding fiscal year.
PART 2--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND
SEC. 8011. STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND.
(a) Establishment.--There is established in the Treasury a fund to
be known as the ``State Election Assistance and Innovation Trust
Fund''.
(b) Contents.--The Trust Fund shall consist solely of--
(1) amounts transferred under section 3015 of title 18,
United States Code, section 9706 of title 31, United States
Code, and section 6761 of the Internal Revenue Code of 1986 (as
added by section 8013);
(2) amounts transferred under section 9006(d) of the
Internal Revenue Code of 1986 (as added by section 8014); and
(3) gifts or bequests deposited pursuant to subsection (d).
(c) Use of Funds.--Amounts in the Trust Fund shall be used to make
payments and allocations under the Program (as described in section
8012(a)) and to carry out the activities of the Office.
(d) Acceptance of Gifts.--The Office may accept gifts or bequests
for deposit into the Trust Fund.
(e) No Taxpayer Funds Permitted.--No taxpayer funds may be
deposited into the Trust Fund.
(f) Effective Date.--This section shall take effect on the date of
the enactment of this subtitle.
SEC. 8012. USES OF FUND.
(a) Payments and Allocations Described.--For each fiscal year,
amounts in the Fund shall be used as follows:
(1) Payments to States under the Program, as described in
section 8005(a).
(2) Allocations to the Election Assistance Commission, to
be used for payments for certain election administration
activities, as described in section 8005(b).
(3) Allocations to the Federal Election Commission, to be
used for payments to participating candidates under title V of
the Federal Election Campaign Act of 1971, as described in
section 8005(c).
(4) Allocations to the Federal Election Commission, to be
used for payments to States operating a Democracy Credit
Program under part 1 of subtitle B, as described in section
8005(d).
(b) Determination of Aggregate Amount of State Allocations.--The
Director, in consultation with the Election Assistance Commission and
the Federal Election Commission, shall determine and establish the
aggregate amount of State allocations for each fiscal year, taking into
account the anticipated balances of the Trust Fund.
SEC. 8013. ASSESSMENTS AGAINST FINES AND PENALTIES.
(a) Assessments Relating to Criminal Offenses.--
(1) In general.--Chapter 201 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3015. Special assessments for State Election Assistance and
Innovation Trust Fund
``(a) Assessments.--
``(1) Convictions of crimes.--In addition to any assessment
imposed under this chapter, the court shall assess on any
organizational defendant or any defendant who is a corporate
officer or person with equivalent authority in any other
organization who is convicted of a criminal offense under
Federal law an amount equal to 4.75 percent of any fine imposed
on that defendant in the sentence imposed for that conviction.
``(2) Settlements.--The court shall assess on any
organizational defendant or defendant who is a corporate
officer or person with equivalent authority in any other
organization who has entered into a settlement agreement or
consent decree with the United States in satisfaction of any
allegation that the defendant committed a criminal offense
under Federal law an amount equal to 4.75 percent of the amount
of the settlement.
``(b) Manner of Collection.--An amount assessed under subsection
(a) shall be collected in the manner in which fines are collected in
criminal cases.
``(c) Transfers.--In a manner consistent with section 3302(b) of
title 31, there shall be transferred from the General Fund of the
Treasury to the State Election Assistance and Innovation Trust Fund
under section 8011 of the Freedom to Vote Act an amount equal to the
amount of the assessments collected under this section.''.
(2) Clerical amendment.--The table of sections of chapter
201 of title 18, United States Code, is amended by adding at
the end the following:
``3015. Special assessments for State Election Assistance and
Innovation Trust Fund.''.
(b) Assessments Relating to Civil Penalties.--
(1) In general.--Chapter 97 of title 31, United States
Code, is amended by adding at the end the following new
section:
``Sec. 9706. Special assessments for State Election Assistance and
Innovation Trust Fund
``(a) Assessments.--
``(1) Civil penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose a civil penalty shall assess on each
person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, on whom such a penalty is imposed an amount equal
to 4.75 percent of the amount of the penalty.
``(2) Administrative penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose an administrative penalty shall assess on
each person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, on whom such a penalty is imposed an amount equal
to 4.75 percent of the amount of the penalty.
``(3) Settlements.--Any entity of the Federal Government
which is authorized under any law, rule, or regulation to enter
into a settlement agreement or consent decree with any person,
other than a natural person who is not a corporate officer or
person with equivalent authority in any other organization, in
satisfaction of any allegation of an action or omission by the
person which would be subject to a civil penalty or
administrative penalty shall assess on such person an amount
equal to 4.75 percent of the amount of the settlement.
``(b) Manner of Collection.--An amount assessed under subsection
(a) shall be collected--
``(1) in the case of an amount assessed under paragraph (1)
of such subsection, in the manner in which civil penalties are
collected by the entity of the Federal Government involved;
``(2) in the case of an amount assessed under paragraph (2)
of such subsection, in the manner in which administrative
penalties are collected by the entity of the Federal Government
involved; and
``(3) in the case of an amount assessed under paragraph (3)
of such subsection, in the manner in which amounts are
collected pursuant to settlement agreements or consent decrees
entered into by the entity of the Federal Government involved.
``(c) Transfers.--In a manner consistent with section 3302(b) of
this title, there shall be transferred from the General Fund of the
Treasury to the State Election Assistance and Innovation Trust Fund
under section 8011 of the Freedom to Vote Act an amount equal to the
amount of the assessments collected under this section.
``(d) Exception for Penalties and Settlements Under Authority of
the Internal Revenue Code of 1986.--
``(1) In general.--No assessment shall be made under
subsection (a) with respect to any civil or administrative
penalty imposed, or any settlement agreement or consent decree
entered into, under the authority of the Internal Revenue Code
of 1986.
``(2) Cross reference.--For application of special
assessments for the State Election Assistance and Innovation
Trust Fund with respect to certain penalties under the Internal
Revenue Code of 1986, see section 6761 of the Internal Revenue
Code of 1986.''.
(2) Clerical amendment.--The table of sections of chapter
97 of title 31, United States Code, is amended by adding at the
end the following:
``9706. Special assessments for State Election Assistance and
Innovation Trust Fund.''.
(c) Assessments Relating to Certain Penalties Under the Internal
Revenue Code of 1986.--
(1) In general.--Chapter 68 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subchapter:
``Subchapter D--Special Assessments for State Election Assistance and
Innovation Trust Fund
``SEC. 6761. SPECIAL ASSESSMENTS FOR STATE ELECTION ASSISTANCE AND
INNOVATION TRUST FUND.
``(a) In General.--Each person required to pay a covered penalty
shall pay an additional amount equal to 4.75 percent of the amount of
such penalty.
``(b) Covered Penalty.--For purposes of this section, the term
`covered penalty' means any addition to tax, additional amount,
penalty, or other liability provided under subchapter A or B.
``(c) Exception for Certain Individuals.--
``(1) In general.--In the case of a taxpayer who is an
individual, subsection (a) shall not apply to any covered
penalty if such taxpayer is an exempt taxpayer for the taxable
year for which such covered penalty is assessed.
``(2) Exempt taxpayer.--For purposes of this subsection, a
taxpayer is an exempt taxpayer for any taxable year if the
taxable income of such taxpayer for such taxable year does not
exceed the dollar amount at which begins the highest rate
bracket in effect under section 1 with respect to such taxpayer
for such taxable year.
``(d) Application of Certain Rules.--Except as provided in
subsection (e), the additional amount determined under subsection (a)
shall be treated for purposes of this title in the same manner as the
covered penalty to which such additional amount relates.
``(e) Transfer to State Election Administration and Innovation
Trust Fund.--The Secretary shall deposit any additional amount under
subsection (a) in the General Fund of the Treasury and shall transfer
from such General Fund to the State Election Assistance and Innovation
Trust Fund under section 8011 of the Freedom to Vote Act an amount
equal to the amounts so deposited (and, notwithstanding subsection (d),
such additional amount shall not be the basis for any deposit,
transfer, credit, appropriation, or any other payment, to any other
trust fund or account). Rules similar to the rules of section 9601
shall apply for purposes of this subsection.''.
(2) Clerical amendment.--The table of subchapters for
chapter 68 of such Code is amended by adding at the end the
following new item:
``subchapter d--special assessments for state election assistance and
innovation trust fund''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
convictions, agreements, and penalties which occur on or after
the date of the enactment of this Act.
(2) Assessments relating to certain penalties under the
internal revenue code of 1986.--The amendments made by
subsection (c) shall apply to covered penalties assessed after
the date of the enactment of this Act.
SEC. 8014. TRANSFER OF BALANCE OF PRESIDENTIAL ELECTION CAMPAIGN FUND.
Section 9006 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(d) Transfer of Balance to State Election Assistance and
Innovation Trust Fund.--Effective December 31, 2021, the Secretary
shall transfer from the fund to the State Election Assistance and
Innovation Trust Fund under section 8011 of the Freedom to Vote Act an
amount equal to the balance of the fund as of such date, reduced by the
amount of any payments required to be made from the fund under section
9008(i).''.
PART 3--GENERAL PROVISIONS
SEC. 8021. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) The term ``chief State election official'' has the
meaning given such term in section 253(e) of the Help America
Vote Act of 2002 (52 U.S.C. 21003(e)).
(2) The term ``Director'' means the Director of the Office.
(3) The term ``election cycle'' means the period beginning
on the day after the date of the most recent regularly
scheduled general election for Federal office and ending on the
date of the next regularly scheduled general election for
Federal office.
(4) The term ``Indian lands'' includes--
(A) Indian country, as defined under section 1151
of title 18, United States Code;
(B) any land in Alaska owned, pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), by an Indian Tribe that is a Native village (as
defined in section 3 of that Act (43 U.S.C. 1602)) or
by a Village Corporation that is associated with an
Indian Tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
(C) any land on which the seat of the Tribal
government is located; and
(D) any land that is part or all of a Tribal
designated statistical area associated with an Indian
Tribe, or is part or all of an Alaska Native village
statistical area associated with an Indian Tribe, as
defined by the Census Bureau for the purposes of the
most recent decennial census.
(5) The term ``Office'' means the Office of State Democracy
Promotion established under section 8005.
(6) The term ``Program'' means the State Democracy
Promotion Program established under section 8001.
(7) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(8) The term ``Trust Fund'' means the State Election
Assistance and Innovation Trust Fund established under section
8011.
SEC. 8022. RULE OF CONSTRUCTION REGARDING CALCULATION OF DEADLINES.
(a) In General.--With respect to the calculation of any period of
time for the purposes of a deadline in this subtitle, the last day of
the period shall be included in such calculation, unless such day is a
Saturday, a Sunday, or a legal public holiday, in which case the period
of such deadline shall be extended until the end of the next day which
is not a Saturday, a Sunday, a legal public holiday.
(b) Legal Public Holiday Defined.--For the purposes of this
section, the term ``legal public holiday'' means a day described in
section 6103(a) of title 5, United States Code.
Subtitle B--Elections for House of Representatives
SEC. 8101. SHORT TITLE.
This subtitle may be cited as the ``Government By the People Act of
2021''.
PART 1--OPTIONAL DEMOCRACY CREDIT PROGRAM
SEC. 8102. ESTABLISHMENT OF PROGRAM.
(a) Establishment.--The Federal Election Commission (hereafter in
this part referred to as the ``Commission'') shall establish a program
under which the Commission shall make payments to States to operate a
credit program which is described in section 8103 during an election
cycle.
(b) Requirements for Program.--A State is eligible to operate a
credit program under this part with respect to an election cycle if,
not later than 180 days before the cycle begins, the State submits to
the Commission a statement containing--
(1) information and assurances that the State will operate
a credit program which contains the elements described in
section 8103(a);
(2) information and assurances that the State will
establish fraud prevention mechanisms described in section
8103(b);
(3) information and assurances that the State will
establish a commission to oversee and implement the program as
described in section 8103(c);
(4) information and assurances that the State will carry
out a public information campaign as described in section
8103(d);
(5) information and assurances that the State will submit
reports as required under section 8104;
(6) information and assurances that, not later than 90 days
before the beginning of the cycle, the State will complete any
actions necessary to operate the program during the cycle; and
(7) such other information and assurances as the Commission
may require.
(c) Reimbursement of Costs.--
(1) Reimbursement.--Upon receiving the report submitted by
a State under section 8104(a) with respect to an election
cycle, the Commission shall transmit a payment to the State in
an amount equal to the reasonable costs incurred by the State
in operating the credit program under this part during the
cycle.
(2) Source of funds.--Payments to a State under the program
shall be made using amounts allocated to the Commission for
purposes of making payments under this part with respect to the
State from the State Election Assistance and Innovation Trust
Fund (hereafter referred to as the ``Fund'') under section
8012, in the amount allocated with respect to the State under
section 8005(d).
(3) Mandatory reduction of payments in case of insufficient
allocations.--
(A) Advance audits by commission.--Not later than
90 days before the first day of each program operation
period, the Commission, in consultation with the
Director of the Office of State Democracy Promotion,
shall--
(i) audit the Fund to determine whether,
after first making payments to States under
section 8005(a), then making allocations to the
Election Assistance Commission under section
8005(b), and then making allocations to the
Commission under section 8005(c), the amount
allocated to the State for making payments
under this part will be sufficient to make
payments to the State in the amounts provided
under this subsection; and
(ii) submit a report to Congress describing
the results of the audit.
(B) Reductions in amount of payments.--
(i) Automatic reduction on pro rata
basis.--If, on the basis of the audit described
in subparagraph (A), the Commission determines
that the amount allocated to the State for
making payments under this part is not, or may
not be, sufficient to make payments to the
State under this part in the full amount
provided under this subsection with respect to
an election cycle, the Commission shall reduce
each amount which would otherwise be paid to a
State under this subsection by such pro rata
amount as may be necessary to ensure that the
aggregate amount of payments anticipated to be
made with respect to the cycle will not exceed
the amount allocated to the State for making
payments under this part with respect to such
cycle.
(ii) Restoration of reductions in case of
availability of sufficient funds during
election cycle.--If, after reducing the amount
paid to a State with respect to an election
cycle under clause (i), the Commission
determines that the amount allocated to the
State for making payments under this part is
sufficient to restore the amount by which such
payments were reduced (or any portion thereof),
to the extent that such amounts are available,
the Commission may make a payment to the State
with respect to the cycle in the amount by
which such State's payments were reduced under
clause (i) (or any portion thereof, as the case
may be).
(iii) No use of amounts from other
sources.--In any case in which the Commission
determines that the amount allocated to the
State for making payments under this part is
insufficient to make payments to the State
under this part, moneys shall not be made
available from any other source for the purpose
of making such payments.
(4) Cap on amount of payment.--The aggregate amount of
payments made to any State with respect to two consecutive
election cycles period may not exceed $10,000,000. If the State
determines that the maximum payment amount under this paragraph
with respect to such cycles is not, or may not be, sufficient
to cover the reasonable costs incurred by the State in
operating the program under this part for such cycles, the
State shall reduce the amount of the credit provided to each
qualified individual by such pro rata amount as may be
necessary to ensure that the reasonable costs incurred by the
State in operating the program will not exceed the amount paid
to the State with respect to such cycles.
(d) Continuing Availability of Funds After Appropriation.--A
payment made to a State under this part shall be available without
fiscal year limitation.
SEC. 8103. CREDIT PROGRAM DESCRIBED.
(a) General Elements of Program.--
(1) Elements described.--The elements of a credit program
operated by a State under this part are as follows:
(A) The State shall provide each qualified
individual upon the individual's request with a credit
worth $25 to be known as a ``Democracy Credit'' during
the election cycle which will be assigned a routing
number and which at the option of the individual will
be provided in either paper or electronic form.
(B) Using the routing number assigned to the
Democracy Credit, the individual may submit the
Democracy Credit in either electronic or paper form to
qualified candidates for election for the office of
Representative in, or Delegate or Resident Commissioner
to, the Congress and allocate such portion of the value
of the Democracy Credit in increments of $5 as the
individual may select to any such candidate.
(C) If the candidate transmits the Democracy Credit
to the Commission, the Commission shall pay the
candidate the portion of the value of the Democracy
Credit that the individual allocated to the candidate,
which shall be considered a contribution by the
individual to the candidate for purposes of the Federal
Election Campaign Act of 1971.
(2) Designation of qualified individuals.--For purposes of
paragraph (1)(A), a ``qualified individual'' with respect to a
State means an individual--
(A) who is a resident of the State;
(B) who will be of voting age as of the date of the
election for the candidate to whom the individual
submits a Democracy Credit; and
(C) who is not prohibited under Federal law from
making contributions to candidates for election for
Federal office.
(3) Treatment as contribution to candidate.--For purposes
of the Federal Election Campaign Act of 1971, the submission of
a Democracy Credit to a candidate by an individual shall be
treated as a contribution to the candidate by the individual in
the amount of the portion of the value of the Credit that the
individual allocated to the candidate.
(b) Fraud Prevention Mechanism.--In addition to the elements
described in subsection (a), a State operating a credit program under
this part shall permit an individual to revoke a Democracy Credit not
later than 2 days after submitting the Democracy Credit to a candidate.
(c) Oversight Commission.--In addition to the elements described in
subsection (a), a State operating a credit program under this part
shall establish a commission or designate an existing entity to oversee
and implement the program in the State, except that no such commission
or entity may be comprised of elected officials.
(d) Public Information Campaign.--In addition to the elements
described in subsection (a), a State operating a credit program under
this part shall carry out a public information campaign to disseminate
awareness of the program among qualified individuals.
(e) No Taxpayer Funds Permitted to Carry Out Program.--No taxpayer
funds shall be used to carry out the credit program under this part.
SEC. 8104. REPORTS.
(a) State Reports.--Not later than 6 months after each first
election cycle during which the State operates a program under this
part, the State shall submit a report to the Commission analyzing the
operation and effectiveness of the program during the cycle and
including such other information as the Commission may require.
(b) Study and Report on Impact and Effectiveness of Credit
Programs.--
(1) Study.--The Federal Election Commission shall conduct a
study on the efficacy of political credit programs, including
the program under this part and other similar programs, in
expanding and diversifying the pool of individuals who
participate in the electoral process, including those who
participate as donors and those who participate as candidates.
(2) Report.--Not later than 1 year after the first election
cycle for which States operate the program under this part, the
Commission shall publish and submit to Congress a report on the
study conducted under paragraph (1).
SEC. 8105. ELECTION CYCLE DEFINED.
In this part, the term ``election cycle'' means the period
beginning on the day after the date of the most recent regularly
scheduled general election for Federal office and ending on the date of
the next regularly scheduled general election for Federal office.
PART 2--OPTIONAL SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF
REPRESENTATIVES
SEC. 8111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CANDIDATES.
The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.)
is amended by adding at the end the following:
``TITLE V--SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF
REPRESENTATIVES
``Subtitle A--Benefits
``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--If a candidate for election to the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress is certified as a participating candidate under this title
with respect to an election for such office, the candidate shall be
entitled to payments as provided under this title.
``(b) Amount of Payment.--The amount of a payment made under this
title shall be equal to 600 percent of the amount of qualified small
dollar contributions received by the candidate since the most recent
payment made to the candidate under this title during the election
cycle, without regard to whether or not the candidate received any of
the contributions before, during, or after the Small Dollar Democracy
qualifying period applicable to the candidate under section 511(c).
``(c) Limit on Aggregate Amount of Payments.--The aggregate amount
of payments made to a participating candidate with respect to an
election cycle under this title may not exceed 50 percent of the
average of the 20 greatest amounts of disbursements made by the
authorized committees of any winning candidate for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress during the most recent election cycle, rounded to the nearest
$100,000.
``(d) No Taxpayer Funds Permitted.--No taxpayer funds shall be used
to make payments under this title.
``SEC. 502. PROCEDURES FOR MAKING PAYMENTS.
``(a) In General.--The Commission shall make a payment under
section 501 to a candidate who is certified as a participating
candidate upon receipt from the candidate of a request for a payment
which includes--
``(1) a statement of the number and amount of qualified
small dollar contributions received by the candidate since the
most recent payment made to the candidate under this title
during the election cycle;
``(2) a statement of the amount of the payment the
candidate anticipates receiving with respect to the request;
``(3) a statement of the total amount of payments the
candidate has received under this title as of the date of the
statement; and
``(4) such other information and assurances as the
Commission may require.
``(b) Restrictions on Submission of Requests.--A candidate may not
submit a request under subsection (a) unless each of the following
applies:
``(1) The amount of the qualified small dollar
contributions in the statement referred to in subsection (a)(1)
is equal to or greater than $5,000, unless the request is
submitted during the 30-day period which ends on the date of a
general election.
``(2) The candidate did not receive a payment under this
title during the 7-day period which ends on the date the
candidate submits the request.
``(c) Time of Payment.--The Commission shall, in coordination with
the Secretary of the Treasury, take such steps as may be necessary to
ensure that the Secretary is able to make payments under this section
from the Treasury not later than 2 business days after the receipt of a
request submitted under subsection (a).
``SEC. 503. USE OF FUNDS.
``(a) Use of Funds for Authorized Campaign Expenditures.--A
candidate shall use payments made under this title, including payments
provided with respect to a previous election cycle which are withheld
from remittance to the Commission in accordance with section 524(a)(2),
only for making direct payments for the receipt of goods and services
which constitute authorized expenditures (as determined in accordance
with title III) in connection with the election cycle involved.
``(b) Prohibiting Use of Funds for Legal Expenses, Fines, or
Penalties.--Notwithstanding title III, a candidate may not use payments
made under this title for the payment of expenses incurred in
connection with any action, claim, or other matter before the
Commission or before any court, hearing officer, arbitrator, or other
dispute resolution entity, or for the payment of any fine or civil
monetary penalty.
``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED.
``(a) In General.--In this title, the term `qualified small dollar
contribution' means, with respect to a candidate and the authorized
committees of a candidate, a contribution that meets the following
requirements:
``(1) The contribution is in an amount that is--
``(A) not less than $1; and
``(B) not more than $200.
``(2)(A) The contribution is made directly by an individual
to the candidate or an authorized committee of the candidate
and is not--
``(i) forwarded from the individual making the
contribution to the candidate or committee by another
person; or
``(ii) received by the candidate or committee with
the knowledge that the contribution was made at the
request, suggestion, or recommendation of another
person.
``(B) In this paragraph--
``(i) the term `person' does not include an
individual (other than an individual described in
section 304(i)(7) of the Federal Election Campaign Act
of 1971), a political committee of a political party,
or any political committee which is not a separate
segregated fund described in section 316(b) of the
Federal Election Campaign Act of 1971 and which does
not make contributions or independent expenditures,
does not engage in lobbying activity under the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is
not established by, controlled by, or affiliated with a
registered lobbyist under such Act, an agent of a
registered lobbyist under such Act, or an organization
which retains or employs a registered lobbyist under
such Act; and
``(ii) a contribution is not `made at the request,
suggestion, or recommendation of another person' solely
on the grounds that the contribution is made in
response to information provided to the individual
making the contribution by any person, so long as the
candidate or authorized committee does not know the
identity of the person who provided the information to
such individual.
``(3) The individual who makes the contribution does not
make contributions to the candidate or the authorized
committees of the candidate with respect to the election
involved in an aggregate amount that exceeds the amount
described in paragraph (1)(B), or any contribution to the
candidate or the authorized committees of the candidate with
respect to the election involved that otherwise is not a
qualified small dollar contribution.
``(b) Treatment of Democracy Credits.--Any payment received by a
candidate and the authorized committees of a candidate which consists
of a Democracy Credit under the Government By the People Act of 2021
shall be considered a qualified small dollar contribution for purposes
of this title, so long as the individual making the payment meets the
requirements of paragraphs (2) and (3) of subsection (a).
``(c) Restriction on Subsequent Contributions.--
``(1) Prohibiting donor from making subsequent nonqualified
contributions during election cycle.--
``(A) In general.--An individual who makes a
qualified small dollar contribution to a candidate or
the authorized committees of a candidate with respect
to an election may not make any subsequent contribution
to such candidate or the authorized committees of such
candidate with respect to the election cycle which is
not a qualified small dollar contribution.
``(B) Exception for contributions to candidates who
voluntarily withdraw from participation during
qualifying period.--Subparagraph (A) does not apply
with respect to a contribution made to a candidate who,
during the Small Dollar Democracy qualifying period
described in section 511(c), submits a statement to the
Commission under section 513(c) to voluntarily withdraw
from participating in the program under this title.
``(2) Treatment of subsequent nonqualified contributions.--
If, notwithstanding the prohibition described in paragraph (1),
an individual who makes a qualified small dollar contribution
to a candidate or the authorized committees of a candidate with
respect to an election makes a subsequent contribution to such
candidate or the authorized committees of such candidate with
respect to the election which is prohibited under paragraph (1)
because it is not a qualified small dollar contribution, the
candidate may take one of the following actions:
``(A) Not later than 2 weeks after receiving the
contribution, the candidate may return the subsequent
contribution to the individual. In the case of a
subsequent contribution which is not a qualified small
dollar contribution because the contribution fails to
meet the requirements of paragraph (3) of subsection
(a) (relating to the aggregate amount of contributions
made to the candidate or the authorized committees of
the candidate by the individual making the
contribution), the candidate may return an amount equal
to the difference between the amount of the subsequent
contribution and the amount described in paragraph
(1)(B) of subsection (a).
``(B) The candidate may retain the subsequent
contribution, so long as not later than 2 weeks after
receiving the subsequent contribution, the candidate
remits to the Commission an amount equal to any
payments received by the candidate under this title
which are attributable to the qualified small dollar
contribution made by the individual involved. Such
amount shall be used to supplement the allocation made
to the Commission with respect to candidates from the
State in which the candidate seeks office, as described
in section 541(a).
``(3) No effect on ability to make multiple
contributions.--Nothing in this section may be construed to
prohibit an individual from making multiple qualified small
dollar contributions to any candidate or any number of
candidates, so long as each contribution meets each of the
requirements of paragraphs (1), (2), and (3) of subsection (a).
``(d) Notification Requirements for Candidates.--
``(1) Notification.--Each authorized committee of a
candidate who seeks to be a participating candidate under this
title shall provide the following information in any materials
for the solicitation of contributions, including any internet
site through which individuals may make contributions to the
committee:
``(A) A statement that if the candidate is
certified as a participating candidate under this
title, the candidate will receive matching payments in
an amount which is based on the total amount of
qualified small dollar contributions received.
``(B) A statement that a contribution which meets
the requirements set forth in subsection (a) shall be
treated as a qualified small dollar contribution under
this title.
``(C) A statement that if a contribution is treated
as qualified small dollar contribution under this
title, the individual who makes the contribution may
not make any contribution to the candidate or the
authorized committees of the candidate during the
election cycle which is not a qualified small dollar
contribution.
``(2) Alternative methods of meeting requirements.--An
authorized committee may meet the requirements of paragraph
(1)--
``(A) by including the information described in
paragraph (1) in the receipt provided under section
512(b)(3) to a person making a qualified small dollar
contribution; or
``(B) by modifying the information it provides to
persons making contributions which is otherwise
required under title III (including information it
provides through the internet).
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for the office of Representative in,
or Delegate or Resident Commissioner to, the Congress is eligible to be
certified as a participating candidate under this title with respect to
an election if the candidate meets the following requirements:
``(1) The candidate files with the Commission a statement
of intent to seek certification as a participating candidate.
``(2) The candidate meets the qualifying requirements of
section 512.
``(3) The candidate files with the Commission a statement
certifying that the authorized committees of the candidate meet
the requirements of section 504(d).
``(4) Not later than the last day of the Small Dollar
Democracy qualifying period, the candidate files with the
Commission an affidavit signed by the candidate and the
treasurer of the candidate's principal campaign committee
declaring that the candidate--
``(A) has complied and, if certified, will comply
with the contribution and expenditure requirements of
section 521;
``(B) if certified, will run only as a
participating candidate for all elections for the
office that such candidate is seeking during that
election cycle; and
``(C) has either qualified or will take steps to
qualify under State law to be on the ballot.
``(5) The candidate files with the Commission a
certification that the candidate will not use any allocation
from the Fund to directly or indirectly pay salaries, fees,
consulting expenses, or any other compensation for services
rendered to themselves, family members (including spouses as
well as children, parents, siblings, or any of their spouses),
or any entity or organization in which they have an ownership
interest.
``(b) General Election.--Notwithstanding subsection (a), a
candidate shall not be eligible to be certified as a participating
candidate under this title for a general election or a general runoff
election unless the candidate's party nominated the candidate to be
placed on the ballot for the general election or the candidate is
otherwise qualified to be on the ballot under State law.
``(c) Small Dollar Democracy Qualifying Period Defined.--The term
`Small Dollar Democracy qualifying period' means, with respect to any
candidate for an office, the 180-day period (during the election cycle
for such office) which begins on the date on which the candidate files
a statement of intent under section 511(a)(1), except that such period
may not continue after the date that is 30 days before the date of the
general election for the office.
``SEC. 512. QUALIFYING REQUIREMENTS.
``(a) Receipt of Qualified Small Dollar Contributions.--A candidate
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress meets the requirement of this section if,
during the Small Dollar Democracy qualifying period described in
section 511(c), each of the following occurs:
``(1) Not fewer than 1,000 individuals make a qualified
small dollar contribution to the candidate.
``(2) The candidate obtains a total dollar amount of
qualified small dollar contributions which is equal to or
greater than $50,000.
``(b) Requirements Relating to Receipt of Qualified Small Dollar
Contribution.--Each qualified small dollar contribution--
``(1) may be made by means of a personal check, money
order, debit card, credit card, electronic payment account, or
any other method deemed appropriate by the Commission;
``(2) shall be accompanied by a signed statement (or, in
the case of a contribution made online or through other
electronic means, an electronic equivalent) containing the
contributor's name and address; and
``(3) shall be acknowledged by a receipt that is sent to
the contributor with a copy (in paper or electronic form) kept
by the candidate for the Commission.
``(c) Verification of Contributions.--The Commission shall
establish procedures for the auditing and verification of the
contributions received and expenditures made by participating
candidates under this title, including procedures for random audits, to
ensure that such contributions and expenditures meet the requirements
of this title.
``SEC. 513. CERTIFICATION.
``(a) Deadline and Notification.--
``(1) In general.--Not later than 5 business days after a
candidate files an affidavit under section 511(a)(4), the
Commission shall--
``(A) determine whether or not the candidate meets
the requirements for certification as a participating
candidate;
``(B) if the Commission determines that the
candidate meets such requirements, certify the
candidate as a participating candidate; and
``(C) notify the candidate of the Commission's
determination.
``(2) Deemed certification for all elections in election
cycle.--If the Commission certifies a candidate as a
participating candidate with respect to the first election of
the election cycle involved, the Commission shall be deemed to
have certified the candidate as a participating candidate with
respect to all subsequent elections of the election cycle.
``(b) Revocation of Certification.--
``(1) In general.--The Commission shall revoke a
certification under subsection (a) if--
``(A) a candidate fails to qualify to appear on the
ballot at any time after the date of certification
(other than a candidate certified as a participating
candidate with respect to a primary election who fails
to qualify to appear on the ballot for a subsequent
election in that election cycle);
``(B) a candidate ceases to be a candidate for the
office involved, as determined on the basis of an
official announcement by an authorized committee of the
candidate or on the basis of a reasonable determination
by the Commission; or
``(C) a candidate otherwise fails to comply with
the requirements of this title, including any
regulatory requirements prescribed by the Commission.
``(2) Existence of criminal sanction.--The Commission shall
revoke a certification under subsection (a) if a penalty is
assessed against the candidate under section 309(d) with
respect to the election.
``(3) Effect of revocation.--If a candidate's certification
is revoked under this subsection--
``(A) the candidate may not receive payments under
this title during the remainder of the election cycle
involved; and
``(B) in the case of a candidate whose
certification is revoked pursuant to subparagraph (A)
or subparagraph (C) of paragraph (1)--
``(i) the candidate shall repay to the
Commission an amount equal to the payments
received under this title with respect to the
election cycle involved plus interest (at a
rate determined by the Commission on the basis
of an appropriate annual percentage rate for
the month involved) on any such amount
received, which shall be used by the Commission
to supplement the allocation made to the
Commission with respect to the State in which
the candidate seeks office, as described in
section 541(a); and
``(ii) the candidate may not be certified
as a participating candidate under this title
with respect to the next election cycle.
``(4) Prohibiting participation in future elections for
candidates with multiple revocations.--If the Commission
revokes the certification of an individual as a participating
candidate under this title pursuant to subparagraph (A) or
subparagraph (C) of paragraph (1) a total of 3 times, the
individual may not be certified as a participating candidate
under this title with respect to any subsequent election.
``(c) Voluntary Withdrawal From Participating During Qualifying
Period.--At any time during the Small Dollar Democracy qualifying
period described in section 511(c), a candidate may withdraw from
participation in the program under this title by submitting to the
Commission a statement of withdrawal (without regard to whether or not
the Commission has certified the candidate as a participating candidate
under this title as of the time the candidate submits such statement),
so long as the candidate has not submitted a request for payment under
section 502.
``(d) Participating Candidate Defined.--In this title, a
`participating candidate' means a candidate for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress who is certified under this section as eligible to receive
benefits under this title.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
``(a) Permitted Sources of Contributions and Expenditures.--Except
as provided in subsection (c), a participating candidate with respect
to an election shall, with respect to all elections occurring during
the election cycle for the office involved, accept no contributions
from any source and make no expenditures from any amounts, other than
the following:
``(1) Qualified small dollar contributions.
``(2) Payments under this title.
``(3) Contributions from political committees established
and maintained by a national or State political party, subject
to the applicable limitations of section 315.
``(4) Subject to subsection (b), personal funds of the
candidate or of any immediate family member of the candidate
(other than funds received through qualified small dollar
contributions).
``(5) Contributions from individuals who are otherwise
permitted to make contributions under this Act, subject to the
applicable limitations of section 315, except that the
aggregate amount of contributions a participating candidate may
accept from any individual with respect to any election during
the election cycle may not exceed $1,000.
``(6) Contributions from multicandidate political
committees, subject to the applicable limitations of section
315.
``(b) Special Rules for Personal Funds.--
``(1) Limit on amount.--A candidate who is certified as a
participating candidate may use personal funds (including
personal funds of any immediate family member of the candidate)
so long as--
``(A) the aggregate amount used with respect to the
election cycle (including any period of the cycle
occurring prior to the candidate's certification as a
participating candidate) does not exceed $50,000; and
``(B) the funds are used only for making direct
payments for the receipt of goods and services which
constitute authorized expenditures in connection with
the election cycle involved.
``(2) Immediate family member defined.--In this subsection,
the term `immediate family member' means, with respect to a
candidate--
``(A) the candidate's spouse;
``(B) a child, stepchild, parent, grandparent,
brother, half-brother, sister, or half-sister of the
candidate or the candidate's spouse; and
``(C) the spouse of any person described in
subparagraph (B).
``(c) Exceptions.--
``(1) Exception for contributions received prior to filing
of statement of intent.--A candidate who has accepted
contributions that are not described in subsection (a) is not
in violation of subsection (a), but only if all such
contributions are--
``(A) returned to the contributor;
``(B) submitted to the Commission, to be used to
supplement the allocation made to the Commission with
respect to the State in which the candidate seeks
office, as described in section 541(a); or
``(C) spent in accordance with paragraph (2).
``(2) Exception for expenditures made prior to filing of
statement of intent.--If a candidate has made expenditures
prior to the date the candidate files a statement of intent
under section 511(a)(1) that the candidate is prohibited from
making under subsection (a) or subsection (b), the candidate is
not in violation of such subsection if the aggregate amount of
the prohibited expenditures is less than the amount referred to
in section 512(a)(2) (relating to the total dollar amount of
qualified small dollar contributions which the candidate is
required to obtain) which is applicable to the candidate.
``(3) Exception for campaign surpluses from a previous
election.--Notwithstanding paragraph (1), unexpended
contributions received by the candidate or an authorized
committee of the candidate with respect to a previous election
may be retained, but only if the candidate places the funds in
escrow and refrains from raising additional funds for or
spending funds from that account during the election cycle in
which a candidate is a participating candidate.
``(4) Exception for contributions received before the
effective date of this title.--Contributions received and
expenditures made by the candidate or an authorized committee
of the candidate prior to the effective date of this title
shall not constitute a violation of subsection (a) or (b).
Unexpended contributions shall be treated the same as campaign
surpluses under paragraph (3), and expenditures made shall
count against the limit in paragraph (2).
``(d) Special Rule for Coordinated Party Expenditures.--For
purposes of this section, a payment made by a political party in
coordination with a participating candidate shall not be treated as a
contribution to or as an expenditure made by the participating
candidate.
``(e) Prohibition on Joint Fundraising Committees.--
``(1) Prohibition.--An authorized committee of a candidate
who is certified as a participating candidate under this title
with respect to an election may not establish a joint
fundraising committee with a political committee other than
another authorized committee of the candidate.
``(2) Status of existing committees for prior elections.--
If a candidate established a joint fundraising committee
described in paragraph (1) with respect to a prior election for
which the candidate was not certified as a participating
candidate under this title and the candidate does not terminate
the committee, the candidate shall not be considered to be in
violation of paragraph (1) so long as that joint fundraising
committee does not receive any contributions or make any
disbursements during the election cycle for which the candidate
is certified as a participating candidate under this title.
``(f) Prohibition on Leadership PACs.--
``(1) Prohibition.--A candidate who is certified as a
participating candidate under this title with respect to an
election may not associate with, establish, finance, maintain,
or control a leadership PAC.
``(2) Status of existing leadership pacs.--If a candidate
established, financed, maintained, or controlled a leadership
PAC prior to being certified as a participating candidate under
this title and the candidate does not terminate the leadership
PAC, the candidate shall not be considered to be in violation
of paragraph (1) so long as the leadership PAC does not receive
any contributions or make any disbursements during the election
cycle for which the candidate is certified as a participating
candidate under this title.
``(3) Leadership pac defined.--In this subsection, the term
`leadership PAC' has the meaning given such term in section
304(i)(8)(B).
``SEC. 522. ADMINISTRATION OF CAMPAIGN.
``(a) Separate Accounting for Various Permitted Contributions.--
Each authorized committee of a candidate certified as a participating
candidate under this title--
``(1) shall provide for separate accounting of each type of
contribution described in section 521(a) which is received by
the committee; and
``(2) shall provide for separate accounting for the
payments received under this title.
``(b) Enhanced Disclosure of Information on Donors.--
``(1) Mandatory identification of individuals making
qualified small dollar contributions.--Each authorized
committee of a participating candidate under this title shall,
in accordance with section 304(b)(3)(A), include in the reports
the committee submits under section 304 the identification of
each person who makes a qualified small dollar contribution to
the committee.
``(2) Mandatory disclosure through internet.--Each
authorized committee of a participating candidate under this
title shall ensure that all information reported to the
Commission under this Act with respect to contributions and
expenditures of the committee is available to the public on the
internet (whether through a site established for purposes of
this subsection, a hyperlink on another public site of the
committee, or a hyperlink on a report filed electronically with
the Commission) in a searchable, sortable, and downloadable
manner.
``SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUBLIC FUNDS.
``(a) Mandatory Spending of Available Private Funds.--An authorized
committee of a candidate certified as a participating candidate under
this title may not make any expenditure of any payments received under
this title in any amount unless the committee has made an expenditure
in an equivalent amount of funds received by the committee which are
described in paragraphs (1), (3), (4), (5), and (6) of section 521(a).
``(b) Limitation.--Subsection (a) applies to an authorized
committee only to the extent that the funds referred to in such
subsection are available to the committee at the time the committee
makes an expenditure of a payment received under this title.
``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION.
``(a) Remittance Required.--Not later than the date that is 180
days after the last election for which a candidate certified as a
participating candidate qualifies to be on the ballot during the
election cycle involved, such participating candidate shall remit to
the Commission an amount equal to the balance of the payments received
under this title by the authorized committees of the candidate which
remain unexpended as of such date, which shall be used to supplement
the allocation made to the Commission with respect to the State in
which the candidate seeks office, as described in section 541(a).
``(b) Permitting Candidates Participating in Next Election Cycle To
Retain Portion of Unspent Funds.--Notwithstanding subsection (a), a
participating candidate may withhold not more than $100,000 from the
amount required to be remitted under subsection (a) if the candidate
files a signed affidavit with the Commission that the candidate will
seek certification as a participating candidate with respect to the
next election cycle, except that the candidate may not use any portion
of the amount withheld until the candidate is certified as a
participating candidate with respect to that next election cycle. If
the candidate fails to seek certification as a participating candidate
prior to the last day of the Small Dollar Democracy qualifying period
for the next election cycle (as described in section 511), or if the
Commission notifies the candidate of the Commission's determination
does not meet the requirements for certification as a participating
candidate with respect to such cycle, the candidate shall immediately
remit to the Commission the amount withheld.
``Subtitle D--Enhanced Match Support
``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION.
``(a) Availability of Enhanced Support.--In addition to the
payments made under subtitle A, the Commission shall make an additional
payment to an eligible candidate under this subtitle.
``(b) Use of Funds.--A candidate shall use the additional payment
under this subtitle only for authorized expenditures in connection with
the election involved.
``SEC. 532. ELIGIBILITY.
``(a) In General.--A candidate is eligible to receive an additional
payment under this subtitle if the candidate meets each of the
following requirements:
``(1) The candidate is on the ballot for the general
election for the office the candidate seeks.
``(2) The candidate is certified as a participating
candidate under this title with respect to the election.
``(3) During the enhanced support qualifying period, the
candidate receives qualified small dollar contributions in a
total amount of not less than $50,000.
``(4) During the enhanced support qualifying period, the
candidate submits to the Commission a request for the payment
which includes--
``(A) a statement of the number and amount of
qualified small dollar contributions received by the
candidate during the enhanced support qualifying
period;
``(B) a statement of the amount of the payment the
candidate anticipates receiving with respect to the
request; and
``(C) such other information and assurances as the
Commission may require.
``(5) After submitting a request for the additional payment
under paragraph (4), the candidate does not submit any other
application for an additional payment under this subtitle.
``(b) Enhanced Support Qualifying Period Described.--In this
subtitle, the term `enhanced support qualifying period' means, with
respect to a general election, the period which begins 60 days before
the date of the election and ends 14 days before the date of the
election.
``SEC. 533. AMOUNT.
``(a) In General.--Subject to subsection (b), the amount of the
additional payment made to an eligible candidate under this subtitle
shall be an amount equal to 50 percent of--
``(1) the amount of the payment made to the candidate under
section 501(b) with respect to the qualified small dollar
contributions which are received by the candidate during the
enhanced support qualifying period (as included in the request
submitted by the candidate under section 532(a)(4)); or
``(2) in the case of a candidate who is not eligible to
receive a payment under section 501(b) with respect to such
qualified small dollar contributions because the candidate has
reached the limit on the aggregate amount of payments under
subtitle A for the election cycle under section 501(c), the
amount of the payment which would have been made to the
candidate under section 501(b) with respect to such qualified
small dollar contributions if the candidate had not reached
such limit.
``(b) Limit.--The amount of the additional payment determined under
subsection (a) with respect to a candidate may not exceed $500,000.
``(c) No Effect on Aggregate Limit.--The amount of the additional
payment made to a candidate under this subtitle shall not be included
in determining the aggregate amount of payments made to a participating
candidate with respect to an election cycle under section 501(c).
``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT FUNDS
AFTER ELECTION.
``Notwithstanding section 524(a)(2), a candidate who receives an
additional payment under this subtitle with respect to an election is
not permitted to withhold any portion from the amount of unspent funds
the candidate is required to remit to the Commission under section
524(a)(1).
``Subtitle E--Administrative Provisions
``SEC. 541. SOURCE OF PAYMENTS.
``(a) Allocations From State Election Assistance and Innovation
Trust Fund.--The amounts used to make payments to participating
candidates under this title who seek office in a State shall be derived
from the allocations made to the Commission with respect to the State
from the State Election Assistance and Innovation Trust Fund (hereafter
referred to as the `Fund') under section 8012 of the Freedom to Vote
Act, as provided under section 8005(c) of such Act.
``(b) Use of Allocations to Make Payments to Participating
Candidates.--
``(1) Payments to participating candidates.--The
allocations made to the Commission as described in subsection
(a) shall be available without further appropriation or fiscal
year limitation to make payments to participating candidates as
provided in this title.
``(2) Mandatory reduction of payments in case of
insufficient amounts.--
``(A) Advance audits by commission.--Not later than
90 days before the first day of each election cycle
(beginning with the first election cycle that begins
after the date of the enactment of this title), the
Commission, in consultation with the Director of the
Office of State Democracy Promotion, shall--
``(i) audit the Fund to determine whether,
after first making allocations for payments to
States under section 8005(a) of the Freedom to
Vote Act, and then making allocations to the
Election Assistance Commission under section
8005(b) of such Act, the amount of the
allocation made to the Commission with respect
to candidates who seek office in a State as
described in subsection (a) will be sufficient
to make payments to participating candidates in
the State in the amounts provided in this title
during such election cycle; and
``(ii) submit a report to Congress
describing the results of the audit.
``(B) Reductions in amount of payments.--
``(i) Automatic reduction on pro rata
basis.--If, on the basis of the audit described
in subparagraph (A), the Commission determines
that the amount anticipated to be available in
the Fund for payments to participating
candidates in a State with respect to the
election cycle involved is not, or may not be,
sufficient to satisfy the full entitlements of
participating candidates in the State to
payments under this title for such election
cycle, the Commission shall reduce each amount
which would otherwise be paid to a
participating candidate in the State under this
title by such pro rata amount as may be
necessary to ensure that the aggregate amount
of payments anticipated to be made to
participating candidates in the State with
respect to the election cycle will not exceed
the amount anticipated to be available for such
payments with respect to such election cycle.
``(ii) Restoration of reductions in case of
availability of sufficient funds during
election cycle.--If, after reducing the amounts
paid to participating candidates in a State
with respect to an election cycle under clause
(i), the Commission determines that the
allocation made to the Commission with respect
to candidates in the State as described in
subsection (a) is sufficient to restore the
amount by which such payments were reduced (or
any portion thereof), to the extent that such
amounts are available, the Commission may make
a payment on a pro rata basis to each such
participating candidate with respect to the
election cycle in the amount by which such
candidate's payments were reduced under clause
(i) (or any portion thereof, as the case may
be).
``(iii) No use of amounts from other
sources.--In any case in which the Commission
determines that the allocation made to the
Commission with respect to candidates in a
State as described in subsection (a) is
insufficient to make payments to participating
candidates in the State under this title,
moneys shall not be made available from any
other source for the purpose of making such
payments.
``(c) Effective Date.--This section shall take effect on the date
of the enactment of this title.
``SEC. 542. ADMINISTRATION THROUGH DEDICATED DIVISION WITHIN
COMMISSION.
``(a) Administration Through Dedicated Division.--
``(1) Establishment.--The Commission shall establish a
separate division within the Commission which is dedicated to
issuing regulations to carry out this title and to otherwise
carrying out the operation of this title.
``(2) Appointment of director and staff.--Not later than
June 1, 2022, the Commission shall appoint a director to head
the division established under this section and such other
staff as the Commission considers appropriate to enable the
division to carry out its duties.
``(3) Private right of action.--Any person aggrieved by the
failure of the Commission to meet the requirements of this
subsection may file an action in an appropriate district court
of the United States for such relief, including declaratory and
injunctive relief, as may be appropriate.
``(b) Regulations.--The Commission, acting through the dedicated
division established under this section, shall prescribe regulations to
carry out the purposes of this title, including regulations--
``(1) to establish procedures for verifying the amount of
qualified small dollar contributions with respect to a
candidate;
``(2) to establish procedures for effectively and
efficiently monitoring and enforcing the limits on the raising
of qualified small dollar contributions;
``(3) to establish procedures for effectively and
efficiently monitoring and enforcing the limits on the use of
personal funds by participating candidates;
``(4) to establish procedures for monitoring the use of
payments made from the allocation made to the Commission as
described in section 541(a) and matching contributions under
this title through audits of not fewer than \1/10\ (or, in the
case of the first 3 election cycles during which the program
under this title is in effect, not fewer than \1/3\) of all
participating candidates or other mechanisms; and
``(5) to establish rules for preventing fraud in the
operation of this title which supplement similar rules which
apply under this Act.
``SEC. 543. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and Expenditure
Requirements.--If a candidate who has been certified as a participating
candidate accepts a contribution or makes an expenditure that is
prohibited under section 521, the Commission may assess a civil penalty
against the candidate in an amount that is not more than 3 times the
amount of the contribution or expenditure. Any amounts collected under
this subsection shall be used to supplement the allocation made to the
Commission with respect to the State in which the candidate seeks
office, as described in section 541(a).
``(b) Repayment for Improper Use of Payments.--
``(1) In general.--If the Commission determines that any
payment made to a participating candidate was not used as
provided for in this title or that a participating candidate
has violated any of the dates for remission of funds contained
in this title, the Commission shall so notify the candidate and
the candidate shall pay to the Commission an amount which shall
be used to supplement the allocation made to the Commission
with respect to the State in which the candidate seeks office,
as described in section 541(a) and which shall be equal to--
``(A) the amount of payments so used or not
remitted, as appropriate; and
``(B) interest on any such amounts (at a rate
determined by the Commission).
``(2) Other action not precluded.--Any action by the
Commission in accordance with this subsection shall not
preclude enforcement proceedings by the Commission in
accordance with section 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.
``(c) Prohibiting Certain Candidates From Qualifying as
Participating Candidates.--
``(1) Candidates with multiple civil penalties.--If the
Commission assesses 3 or more civil penalties under subsection
(a) against a candidate (with respect to either a single
election or multiple elections), the Commission may refuse to
certify the candidate as a participating candidate under this
title with respect to any subsequent election, except that if
each of the penalties were assessed as the result of a knowing
and willful violation of any provision of this Act, the
candidate is not eligible to be certified as a participating
candidate under this title with respect to any subsequent
election.
``(2) Candidates subject to criminal penalty.--A candidate
is not eligible to be certified as a participating candidate
under this title with respect to an election if a penalty has
been assessed against the candidate under section 309(d) with
respect to any previous election.
``(d) Imposition of Criminal Penalties.--For criminal penalties for
the failure of a participating candidate to comply with the
requirements of this title, see section 309(d).
``SEC. 544. APPEALS PROCESS.
``(a) Review of Actions.--Any action by the Commission in carrying
out this title shall be subject to review by the United States Court of
Appeals for the District of Columbia upon petition filed in the Court
not later than 30 days after the Commission takes the action for which
the review is sought.
``(b) Procedures.--The provisions of chapter 7 of title 5, United
States Code, apply to judicial review under this section.
``SEC. 545. INDEXING OF AMOUNTS.
``(a) Indexing.--In any calendar year after 2026, section
315(c)(1)(B) shall apply to each amount described in subsection (b) in
the same manner as such section applies to the limitations established
under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such
section, except that for purposes of applying such section to the
amounts described in subsection (b), the `base period' shall be 2026.
``(b) Amounts Described.--The amounts described in this subsection
are as follows:
``(1) The amount referred to in section 502(b)(1) (relating
to the minimum amount of qualified small dollar contributions
included in a request for payment).
``(2) The amounts referred to in section 504(a)(1)
(relating to the amount of a qualified small dollar
contribution).
``(3) The amount referred to in section 512(a)(2) (relating
to the total dollar amount of qualified small dollar
contributions).
``(4) The amount referred to in section 521(a)(5) (relating
to the aggregate amount of contributions a participating
candidate may accept from any individual with respect to an
election).
``(5) The amount referred to in section 521(b)(1)(A)
(relating to the amount of personal funds that may be used by a
candidate who is certified as a participating candidate).
``(6) The amounts referred to in section 524(a)(2)
(relating to the amount of unspent funds a candidate may retain
for use in the next election cycle).
``(7) The amount referred to in section 532(a)(3) (relating
to the total dollar amount of qualified small dollar
contributions for a candidate seeking an additional payment
under subtitle D).
``(8) The amount referred to in section 533(b) (relating to
the limit on the amount of an additional payment made to a
candidate under subtitle D).
``SEC. 546. ELECTION CYCLE DEFINED.
``In this title, the term `election cycle' means, with respect to
an election for an office, the period beginning on the day after the
date of the most recent general election for that office (or, if the
general election resulted in a runoff election, the date of the runoff
election) and ending on the date of the next general election for that
office (or, if the general election resulted in a runoff election, the
date of the runoff election).''.
SEC. 8112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE AND
POLITICAL PARTY COMMITTEES ON BEHALF OF PARTICIPATING
CANDIDATES.
(a) Authorizing Contributions Only From Separate Accounts
Consisting of Qualified Small Dollar Contributions.--Section 315(a) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is
amended by adding at the end the following new paragraph:
``(10) In the case of a multicandidate political committee or any
political committee of a political party, the committee may make a
contribution to a candidate who is a participating candidate under
title V with respect to an election only if the contribution is paid
from a separate, segregated account of the committee which consists
solely of contributions which meet the following requirements:
``(A) Each such contribution is in an amount which meets
the requirements for the amount of a qualified small dollar
contribution under section 504(a)(1) with respect to the
election involved.
``(B) Each such contribution is made by an individual who
is not otherwise prohibited from making a contribution under
this Act.
``(C) The individual who makes the contribution does not
make contributions to the committee during the year in an
aggregate amount that exceeds the limit described in section
504(a)(1).''.
(b) Permitting Unlimited Coordinated Expenditures From Small Dollar
Sources by Political Parties.--Section 315(d) of such Act (52 U.S.C.
30116(d)) is amended--
(1) in paragraph (3), by striking ``The national
committee'' and inserting ``Except as provided in paragraph
(6), the national committee''; and
(2) by adding at the end the following new paragraph:
``(6) The limits described in paragraph (3) do not apply in the
case of expenditures in connection with the general election campaign
of a candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress who is a participating candidate
under title V with respect to the election, but only if--
``(A) the expenditures are paid from a separate, segregated
account of the committee which is described in subsection
(a)(10); and
``(B) the expenditures are the sole source of funding
provided by the committee to the candidate.''.
SEC. 8113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES
FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION.
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114) is amended by adding at the end the following new subsection:
``(d) Restrictions on Permitted Uses of Funds by Candidates
Receiving Small Dollar Financing.--Notwithstanding paragraph (2), (3),
or (4) of subsection (a), if a candidate for election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress is certified as a participating candidate under title V with
respect to the election, any contribution which the candidate is
permitted to accept under such title may be used only for authorized
expenditures in connection with the candidate's campaign for such
office, subject to section 503(b).''.
SEC. 8114. DEADLINE FOR REGULATIONS.
Not later than October 1, 2022, the Federal Election Commission
shall promulgate such regulations as may be necessary to carry out this
part and the amendments made by this part.
Subtitle C--Personal Use Services as Authorized Campaign Expenditures
SEC. 8201. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This subtitle may be cited as the ``Help America
Run Act''.
(b) Findings.--Congress finds the following:
(1) Everyday Americans experience barriers to entry before
they can consider running for office to serve their
communities.
(2) Current law states that campaign funds cannot be spent
on everyday expenses that would exist whether or not a
candidate were running for office, like childcare and food.
While the law seems neutral, its actual effect is to privilege
the independently wealthy who want to run, because given the
demands of running for office, candidates who must work to pay
for childcare or to afford health insurance are effectively
being left out of the process, even if they have sufficient
support to mount a viable campaign.
(3) Thus current practice favors those prospective
candidates who do not need to rely on a regular paycheck to
make ends meet. The consequence is that everyday Americans who
have firsthand knowledge of the importance of stable childcare,
a safety net, or great public schools are less likely to get a
seat at the table. This governance by the few is antithetical
to the democratic experiment, but most importantly, when
lawmakers do not share the concerns of everyday Americans,
their policies reflect that.
(4) These circumstances have contributed to a Congress that
does not always reflect everyday Americans. The New York Times
reported in 2019 that fewer than 5 percent of representatives
cite blue-collar or service jobs in their biographies. A 2015
survey by the Center for Responsive Politics showed that the
median net worth of lawmakers was just over $1 million in 2013,
or 18 times the wealth of the typical American household.
(5) These circumstances have also contributed to a
governing body that does not reflect the nation it serves. For
instance, women are 51 percent of the American population. Yet
even with a record number of women serving in the One Hundred
Sixteenth Congress, the Pew Research Center notes that more
than three out of four Members of this Congress are male. The
Center for American Women And Politics found that one third of
women legislators surveyed had been actively discouraged from
running for office, often by political professionals. This type
of discouragement, combined with the prohibitions on using
campaign funds for domestic needs like childcare, burdens that
still fall disproportionately on American women, particularly
disadvantages working mothers. These barriers may explain why
only 10 women in history have given birth while serving in
Congress, in spite of the prevalence of working parents in
other professions. Yet working mothers and fathers are best
positioned to create policy that reflects the lived experience
of most Americans.
(6) Working mothers, those caring for their elderly
parents, and young professionals who rely on their jobs for
health insurance should have the freedom to run to serve the
people of the United States. Their networks and net worth are
simply not the best indicators of their strength as prospective
public servants. In fact, helping ordinary Americans to run may
create better policy for all Americans.
(c) Purpose.--It is the purpose of this subtitle to ensure that all
Americans who are otherwise qualified to serve this Nation are able to
run for office, regardless of their economic status. By expanding
permissible uses of campaign funds and providing modest assurance that
testing a run for office will not cost one's livelihood, the Help
America Run Act will facilitate the candidacy of representatives who
more accurately reflect the experiences, challenges, and ideals of
everyday Americans.
SEC. 8202. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE
SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE.
(a) Personal Use Services as Authorized Campaign Expenditure.--
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114), as amended by section 8113, is amended by adding at the end the
following new subsection:
``(e) Treatment of Payments for Child Care and Other Personal Use
Services as Authorized Campaign Expenditure.--
``(1) Authorized expenditures.--For purposes of subsection
(a), the payment by an authorized committee of a candidate for
any of the personal use services described in paragraph (3)
shall be treated as an authorized expenditure if the services
are necessary to enable the participation of the candidate in
campaign-connected activities.
``(2) Limitations.--
``(A) Limit on total amount of payments.--The total
amount of payments made by an authorized committee of a
candidate for personal use services described in
paragraph (3) may not exceed the limit which is
applicable under any law, rule, or regulation on the
amount of payments which may be made by the committee
for the salary of the candidate (without regard to
whether or not the committee makes payments to the
candidate for that purpose).
``(B) Corresponding reduction in amount of salary
paid to candidate.--To the extent that an authorized
committee of a candidate makes payments for the salary
of the candidate, any limit on the amount of such
payments which is applicable under any law, rule, or
regulation shall be reduced by the amount of any
payments made to or on behalf of the candidate for
personal use services described in paragraph (3), other
than personal use services described in subparagraph
(D) of such paragraph.
``(C) Exclusion of candidates who are
officeholders.--Paragraph (1) does not apply with
respect to an authorized committee of a candidate who
is a holder of Federal office.
``(3) Personal use services described.--The personal use
services described in this paragraph are as follows:
``(A) Child care services.
``(B) Elder care services.
``(C) Services similar to the services described in
subparagraph (A) or subparagraph (B) which are provided
on behalf of any dependent who is a qualifying relative
under section 152 of the Internal Revenue Code of 1986.
``(D) Health insurance premiums.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
Subtitle D--Empowering Small Dollar Donations
SEC. 8301. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE ENHANCED
SUPPORT FOR CANDIDATES THROUGH USE OF SEPARATE SMALL
DOLLAR ACCOUNTS.
(a) Increase in Limit on Contributions to Candidates.--Section
315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30116(a)(2)(A)) is amended by striking ``exceed $5,000'' and inserting
``exceed $5,000 or, in the case of a contribution made by a national
committee of a political party from an account described in paragraph
(11), exceed $10,000''.
(b) Elimination of Limit on Coordinated Expenditures.--Section
315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is amended by striking
``subsection (a)(9)'' and inserting ``subsection (a)(9) or subsection
(a)(11)''.
(c) Accounts Described.--Section 315(a) of such Act (52 U.S.C.
30116(a)), as amended by section 8112(a), is amended by adding at the
end the following new paragraph:
``(11) An account described in this paragraph is a separate,
segregated account of a national committee of a political party
(including a national congressional campaign committee of a political
party) consisting exclusively of contributions made during a calendar
year by individuals whose aggregate contributions to the committee
during the year do not exceed $200.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after the date of the
enactment of this Act and shall take effect without regard to whether
or not the Federal Election Commission has promulgated regulations to
carry out such amendments.
Subtitle E--Severability
SEC. 8401. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
Calendar No. 125
117th CONGRESS
1st Session
S. 2747
_______________________________________________________________________
|
Freedom to Vote Act
|
A bill to expand Americans' access to the ballot box and reduce the influence of big money in politics, and for other purposes.
|
Freedom to Vote Act
Automatic Voter Registration Act of 2021
DISCLOSE
Act of 2021
Deceptive Practices and Voter
Intimidation Prevention Act of 2021
Democracy Is Strengthened by
Casting Light On Spending in Elections Act of 2021
Democracy Restoration Act of
2021
Government By the People Act of
2021
Help America
Run Act
Honest Ads Act
Restoring Integrity to
America's Elections Act
Spotlight Act
Stop Super PAC-Candidate
Coordination Act
Voter Confidence and Increased
Accessibility Act of 2021
Voter Empowerment Act of 2021
Voter Registration Modernization Act of 2021
|
Sen. Klobuchar, Amy
|
D
|
MN
|
11,303
| 8,434
|
H.R.9424
|
Health
|
Creating Access to Residency Education Act of 2022
This bill requires the Centers for Medicare & Medicaid Services to award matching funds to teaching hospitals or other graduate medical education training programs for medical residency training programs in states where there are fewer than 44 medical residents per 100,000 people.
Recipients must cover one third of the costs for primary care residency training programs and one half of the costs for programs in other fields.
|
To amend the Public Health Service Act to authorize grants for graduate
medical education partnerships in States with a low ratio of medical
residents relative to the general population.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Access to Residency
Education Act of 2022''.
SEC. 2. GRADUATE MEDICAL EDUCATION PARTNERSHIPS IN STATES WITH A LOW
RATIO OF MEDICAL RESIDENTS RELATIVE TO GENERAL
POPULATION.
Part B of title III of the Public Health Service Act is amended by
inserting after section 317U (42 U.S.C. 247b-23) the following:
``SEC. 317V. GRADUATE MEDICAL EDUCATION PARTNERSHIPS IN STATES WITH A
LOW RATIO OF MEDICAL RESIDENTS RELATIVE TO GENERAL
POPULATION.
``(a) In General.--The Administrator of the Centers for Medicare &
Medicaid Services (in this section referred to as the `Administrator')
shall make grants to, or enter into contracts with, eligible entities
to support the creation of new medical residency training programs or
slots within existing programs in States in which there is a low ratio
of medical residents relative to the general population.
``(b) Eligibility.--To be eligible to receive Federal funding under
this section, an entity must--
``(1) be located in a State in which there are fewer than
44 medical residents per population of 100,000; and
``(2) be a public or nonprofit teaching hospital or an
accredited graduate medical education training program.
``(c) Partnerships.--In supporting the creation of new medical
residency training programs or slots through a grant or contract under
this section, an eligible entity may enter into a partnership with a
State, local government, community health center, local health
department, hospital, or other organization deemed by the entity to be
appropriate.
``(d) Matching Funds.--An agreement awarding a grant or contract
under this section shall--
``(1) in the case of a new or existing medical residency
training program in the field of primary care--
``(A) require the entity awarded such grant or
contract to provide one-third of the cost of the slots
to be funded through the agreement; and
``(B) to the extent and in the amounts made
available in advance in appropriations Acts, require
the Administrator to provide the remaining two-thirds
of the cost of such slots; and
``(2) in the case of a new or existing medical residency
training program in any other field--
``(A) require the award recipient to provide one-
half of the cost of the slots to be funded through the
agreement; and
``(B) to the extent and in the amounts made
available in advance in appropriations Acts, require
the Administrator to provide the remaining one-half of
the cost of such slots.
``(e) Requirements.--The Administrator shall establish application
processes for eligible entities to receive funding under this section,
including multiyear commitments to ensure the continued funding of
graduate medical education slots for residents in training.
``(f) Definition.--For purposes of this section, the Administrator
shall define the term `primary care'.
``(g) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be
necessary.''.
<all>
|
Creating Access to Residency Education Act of 2022
|
To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low ratio of medical residents relative to the general population.
|
Creating Access to Residency Education Act of 2022
|
Rep. Castor, Kathy
|
D
|
FL
|
11,304
| 13,946
|
H.R.8027
|
Science, Technology, Communications
|
This bill establishes a Technology Competitiveness Council.
The President shall establish such council within the Executive Office of the President.
The council's responsibilities include
The strategy shall be designed to maintain U.S. leadership in critical and emerging technologies essential to U.S. national security and economic prosperity.
|
To establish within the Executive Office of the President a Technology
Competitiveness Council.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TECHNOLOGY COMPETITIVENESS COUNCIL.
(a) In General.--The National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.) is
amended by adding at the end the following:
``TITLE VII--TECHNOLOGY COMPETITIVENESS COUNCIL
``SEC. 701. ESTABLISHMENT OF COUNCIL.
``The President shall establish within the Executive Office of the
President a Technology Competitiveness Council (in this title referred
to as the `Council').
``SEC. 702. MEMBERSHIP OF COUNCIL.
``The Council shall be composed of the following members:
``(1) The Vice President, who shall be Chair of the
Council.
``(2) The following executive branch officials:
``(A) The Secretary of State.
``(B) The Secretary of the Treasury.
``(C) The Secretary of Defense.
``(D) The Attorney General.
``(E) The Secretary of Commerce.
``(F) The Secretary of Energy.
``(G) The Secretary of Homeland Security.
``(H) The Director of the Office of Management and
Budget.
``(I) The Assistant to the President for Technology
Competitiveness.
``(J) The Assistant to the President for National
Security Affairs.
``(K) The Assistant to the President for Science
and Technology.
``(L) The Assistant to the President for Economic
Policy.
``(M) The Assistant to the President for Domestic
Policy.
``(N) The United States Trade Representative.
``(O) The Chairman of the Joint Chiefs of Staff.
``(P) The heads of such other executive departments
and agencies and other senior officials within the
Executive Office of the President, as may be determined
by the Chair of the Council.
``SEC. 703. OPERATION OF COUNCIL.
``(a) Responsibilities of the Chair.--
``(1) In general.--The Chair shall convene and preside over
meetings of the Council and shall determine the agenda for the
Council.
``(2) Committees.--The Chair may authorize the
establishment of such committees of the Council, including an
executive committee, and of such working groups, composed of
senior designees of the Council members and of other officials,
as he or she deems necessary or appropriate for the efficient
conduct of Council functions.
``(3) Reporting.--The Chair shall report to the President
on the activities and recommendations of the Council. The Chair
shall advise the Council as appropriate regarding the
President's directions with respect to the Council's activities
and national technology policy generally.
``(b) Administration.--
``(1) In general.--The Council shall have a staff, headed
by the Assistant to the President for Technology
Competitiveness.
``(2) Personnel, funding, and administrative support.--The
Office of Administration in the Executive Office of the
President shall provide the Council with such personnel,
funding, and administrative support, as directed by the Chair
or, upon the Chair's direction, the Assistant to the President
for Technology Competitiveness, subject to the availability of
appropriations.
``(3) Resources.--Subject to the availability of
appropriations, heads of agencies serving on the Council shall
make resources, including but not limited to personnel and
office support, available to the Council as reasonably
requested by the Chair or, upon the Chair's direction, the
Assistant to the President for Technology Competitiveness.
``(4) Information and assistance.--The heads of agencies
shall provide to the Council such information and assistance as
the Chair may request to carry out the functions described in
section 704.
``(5) Coordination.--The Council shall coordinate with the
National Security Council on Technology Policy and Strategy
matters relating primarily to national security to ensure that
the activities of the Council are carried out in a manner that
is consistent with the responsibilities and authorities of the
National Security Council.
``SEC. 704. FUNCTIONS OF COUNCIL.
``(a) In General.--The Council shall be responsible for--
``(1) developing recommendations for the President on
United States technology competitiveness and technology-related
issues, advising and assisting the President in the development
and implementation of national technology policy and strategy,
and performing such other duties as the President may
prescribe;
``(2) developing and overseeing the implementation of a
National Technology Strategy as described in subsection (b);
``(3) serving as a forum for balancing national security,
economic, and technology considerations of United States
departments and agencies as they pertain to technology
research, development, commercial interests, and national
security applications;
``(4) coordinating policies across Federal departments and
agencies related to United States competitiveness in critical
and emerging technologies and ensuring that policies designed
to promote United States leadership and protect existing
competitive advantages are integrated and mutually reinforcing;
and
``(5) synchronizing budgets and strategies, in consultation
with the Director of the Office of Management and Budget, in
accordance with the National Technology Strategy.
``(b) National Technology Strategy.--
``(1) In general.--The Council shall be responsible for
developing and annually submitting to the President a National
Technology Strategy designed to maintain United States
leadership in critical and emerging technologies essential to
United States national security and economic prosperity.
``(2) Requirements.--The National Technology Strategy
required by paragraph (1) shall contain at least the following
elements:
``(A) An assessment of the United States
Government's efforts to preserve United States
leadership in key emerging technologies and prevent
United States strategic competitors from leveraging
advanced technologies to gain strategic military or
economic advantages over the United States.
``(B) A review of existing United States Government
technology policy, including long-range goals.
``(C) An analysis of technology trends and
assessment of the relative competitiveness of United
States technology sectors in relation to strategic
competitors.
``(D) Identification of sectors critical for the
long-term resilience of United States innovation
leadership across design, manufacturing, supply chains,
and markets.
``(E) Recommendations for domestic policy
incentives to sustain an innovation economy and develop
specific, high-cost sectors necessary for long-term
national security ends.
``(F) Recommendations for policies to protect
United States and allied leadership in critical areas
through targeted export controls, investment screening,
and counterintelligence activities.
``(G) Identification of priority domestic research
and development areas critical to national security and
necessary to sustain United States leadership, and
directing funding to fill gaps in basic and applied
research where the private sector does not focus.
``(H) Recommendations for talent programs to grow
United States talent in key critical and emerging
technologies and enhance the ability of the Federal
Government to recruit and retain individuals with
critical skills into Federal service.
``(I) Methods to foster the development of
international partnerships to reinforce domestic policy
actions, build new markets, engage in collaborative
research, and create an international environment that
reflects United States values and protects United
States interests.''.
(b) Initial National Technology Strategy.--The National Technology
Council established pursuant to section 701 of the National Science and
Technology Policy, Organization, and Priorities Act of 1976, as added
by this Act, shall provide the first National Technology Strategy
required by section 704(b) of such Act, not later than the date that is
1 year after the date of the enactment of this Act.
<all>
|
To establish within the Executive Office of the President a Technology Competitiveness Council.
|
To establish within the Executive Office of the President a Technology Competitiveness Council.
|
Official Titles - House of Representatives
Official Title as Introduced
To establish within the Executive Office of the President a Technology Competitiveness Council.
|
Rep. Bacon, Don
|
R
|
NE
|
11,305
| 7,871
|
H.R.2356
|
Health
|
Better Wound Care at Home Act
This bill modifies the Medicare payment methodology for disposable negative pressure wound therapy devices. In particular, the bill specifies that payment must be a national payment rate for the device itself and not for related professional services or visits, and must be made as an add-on payment for the device under the prospective payment system for home health services.
|
To amend title XVIII of the Social Security Act to make technical
amendments to the separate payment under the Medicare program for
disposable negative pressure wound therapy devices.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better Wound Care at Home Act''.
SEC. 2. TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT FOR
DISPOSABLE NEGATIVE PRESSURE WOUND THERAPY DEVICES.
(a) In General.--Section 1834(s) of the Social Security Act (42
U.S.C. 1395m(s)) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``Effective as of January 1, 2022, such separate
payment shall be a national payment rate established each year
for the applicable disposable device itself, and not for the
related professional services or home visit to furnish the
device, and shall be made under the prospective payment system
established under section 1895, as an add-on payment for the
device in addition to other payments available to a home health
agency under such section.'';
(2) in paragraph (3), by adding at the end the following
new sentences: ``In calculating the separate payment amount for
applicable disposable devices in a given year, the Secretary
shall assume no facility level adjustments are applied and the
wage adjustment factor shall be 1.0, regardless of the wage
adjustment factor that would otherwise apply under section
1833(t). The separate payment for the applicable disposable
device shall be made under the prospective payment system
established under section 1895, and nothing in this paragraph
shall be construed to authorize the separate payment for the
applicable disposable device to be under a different payment
system.''; and
(3) by adding at the end the following new paragraph:
``(4) Implementation.--As part of submitting claims
eligible for or related to the separate add-on payment
established under this subsection, the Secretary shall accept
and process claims submitted using the type of bill that is
most commonly used by home health agencies to bill services
under a home health plan of care, and the Secretary shall not
require home health agencies to account for the time spent
applying the applicable disposable device separately from the
time spent treating other conditions or to submit claims for
payment under a payment system other than the prospective
payment system established under section 1895. Notwithstanding
any other provision of law, the Secretary may implement this
subsection by program instruction or otherwise.''.
<all>
|
Better Wound Care at Home Act
|
To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices.
|
Better Wound Care at Home Act
|
Rep. Butterfield, G. K.
|
D
|
NC
|
11,306
| 5,615
|
H.R.8593
|
Government Operations and Politics
|
Territories Statistics Collection Equity Act
This bill requires implementation of a plan for federal agencies to collect and publish statistics regarding the U.S. territories in the same manner as statistics are collected and reported for the states.
Specifically, the bill directs the Interagency Council on Statistical Policy to publish a list and assessment of existing federal statistical programs that collect and publish data for the U.S. territories comparable to the states.
The council must submit to Congress a plan to collect and publish statistics regarding the territories in the same manner as statistics are collected and reported by federal agencies for the states.
The council, in coordination with agencies, must implement the plan no later than four years after enactment of this bill.
|
To direct the Interagency Council on Statistical Policy to develop a
plan to collect and publish statistics regarding the Territories of the
United States in the same manner as statistics are collected and
reported by Federal agencies for the several States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Territories Statistics Collection
Equity Act''.
SEC. 2. INCLUDING U.S. TERRITORIES IN FEDERAL STATISTICAL PROGRAMS.
(a) Assessment.--Not later than 6 months after the date of the
enactment of this Act, the head of the Interagency Council on
Statistical Policy shall publish a list and assessment of existing
Federal statistical programs that collect and publish data for the U.S.
Territories comparable to the several States. The assessment under this
subsection shall include the following:
(1) For each statistical program where a comparable program
for the U.S. Territories does not exist, an explanation as to
why the program does not include the U.S. Territories.
(2) Impediments to data collection, analysis, and
publishing with respect to the U.S. Territories.
(3) A detailed description of the level of local government
participation required in Federal statistical programs.
(b) Plan.--Not later than 12 months after the date of the enactment
of this Act, the head of the Interagency Council on Statistical Policy
shall submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a plan to collect and publish statistics regarding the U.S.
Territories in the same manner as statistics are collected and reported
by Federal agencies for the several States. The plan shall include--
(1) recommendations for including the U.S. Territories in
Federal statistical programs; and
(2) cost estimates for Federal and local governments for
necessary changes to implement the recommendations under
paragraph (1).
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, and every 12 months thereafter until the plan is fully
implemented, the head of the Interagency Council on Statistical Policy
shall submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that includes--
(1) a description of the plan developed under subsection
(a); and
(2) information on the implementation of such plan.
(d) Implementation.--Not later than 4 years after the date of the
enactment of this Act, the head of the Interagency Council on
Statistical Policy, in coordination with the heads of appropriate
Federal agencies, shall fully implement the plan developed under
subsection (a).
SEC. 3. U.S. TERRITORIES DEFINED.
For the purposes of this Act, the term ``U.S. Territories'' means
American Samoa, the Commonwealth of the Northern Mariana Islands, Guam,
Puerto Rico, and the Virgin Islands of the United States.
<all>
|
Territories Statistics Collection Equity Act
|
To direct the Interagency Council on Statistical Policy to develop a plan to collect and publish statistics regarding the Territories of the United States in the same manner as statistics are collected and reported by Federal agencies for the several States, and for other purposes.
|
Territories Statistics Collection Equity Act
|
Rep. Grijalva, Raúl M.
|
D
|
AZ
|
11,307
| 2,346
|
S.2639
|
Health
|
State Public Option Act
This bill allows residents who are not already eligible for Medicaid and not concurrently enrolled in other health insurance coverage to buy into a state Medicaid plan beginning January 1, 2022, at the option of the state. State Medicaid programs may set premiums and cost-sharing requirements for such coverage in accordance with specified limitations.
The bill also (1) provides the enhanced Federal Medical Assistance Percentage (i.e., federal matching rate) to every state that expands Medicaid coverage for individuals who are newly eligible under the Patient Protection and Affordable Care Act, regardless of when such expansion takes place; and (2) requires state Medicaid programs to cover comprehensive reproductive health care services, including abortion services.
|
To establish a State public option through Medicaid to provide
Americans with the choice of a high-quality, low-cost health insurance
plan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Public Option Act''.
SEC. 2. MEDICAID BUY-IN OPTION.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(10)--
(A) in subparagraph (A)(ii)--
(i) in subclause (XXII), by striking ``;
or'' and inserting a semicolon;
(ii) in subclause (XXIII), by adding ``or''
at the end; and
(iii) by adding at the end the following
new subclause:
``(XXIV) beginning January 1, 2022,
who are residents of the State and are
not concurrently enrolled in another
health insurance coverage plan,
subject, in the case of individuals
described in subsection (tt) and
notwithstanding section 1916 (except
for subsection (k) of such section), to
payment of premiums or other cost-
sharing charges;''; and
(B) in the matter following subparagraph (G), by
inserting ``or subparagraph (A)(ii)(XXIV)'' after
``described in subparagraph (A)(i)(VIII)''; and
(2) by adding at the end the following new subsection:
``(tt) Previously Undescribed Individuals.--Individuals described
in this subsection are individuals who are--
``(1) described in subclause (XXIV) of subsection
(a)(10)(A)(ii); and
``(2) are not described in any other subclause of such
subsection or any other provision in this Act which provides
for eligibility for medical assistance.''.
(b) Provision of at Least Minimum Coverage.--
(1) In general.--Section 1902(k)(1) of the Social Security
Act (42 U.S.C. 1396a(k)(1)) is amended by inserting ``or an
individual described in subclause (XXIV) of subsection
(a)(10)(A)(ii)'' after ``an individual described in subclause
(VIII) of subsection (a)(10)(A)(i)'' each place it appears.
(2) Conforming amendment.--Section 1903(i)(26) of the
Social Security Act (42 U.S.C. 1396b(i)(26)) is amended by
striking ``individuals described in subclause (VIII) of
subsection (a)(10)(A)(i)'' and inserting ``individuals
described in subsections (a)(10)(A)(i)(VIII) or
(a)(10)(A)(ii)(XXIV) of section 1902''.
(c) Federal Financial Participation in Buy-In Program.--
(1) Enhanced match for administrative expenses.--Section
1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is
amended--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following
new paragraph:
``(7) an amount equal to 90 percent of the sums expended
during such quarter which are attributable to reasonable
administrative expenses related to the administration of a
Medicaid buy-in program for individuals described in section
1902(a)(10)(A)(ii)(XXIV); plus''.
(2) Treatment of premium and cost-sharing revenues from
medicaid buy-in program.--
(A) In general.--For purposes of section 1903(a)(1)
of the Social Security Act (42 U.S.C. 1396b(a)(1)), for
any fiscal quarter during which a State collects
premiums, cost-sharing, or similar charges under
subsection (k) of section 1916 of such Act (42 U.S.C.
1396o) (as added by this Act), including any advance
payments of premium tax credits under section 1412 of
the Patient Protection and Affordable Care Act or
payments for cost-sharing reductions under section 1402
of such Act that are received by the State, the total
amount expended during such quarter as medical
assistance for individuals who buy into Medicaid
coverage under subclause (XXIV) of section
1902(a)(10)(A)(ii) of the Social Security Act (as added
by this Act) shall be reduced by the amount of such
premiums or charges.
(B) Treatment of excess premiums.--Each State that
collects premiums or similar charges under subsection
(k) of section 1916 of the Social Security Act (42
U.S.C. 1396o) (as added by this Act) in a fiscal year
shall pay to the Secretary of Health and Human
Services, at such time and in such form and manner as
the Secretary shall specify, an amount equal to 50
percent of the amount, if any, by which--
(i) the total amount of such premiums and
charges collected by the State for such year;
exceeds
(ii) the total amount expended by the State
during such year as medical assistance for
individuals who buy into Medicaid coverage
under subclause (XXIV) of section
1902(a)(10)(A)(ii) of such Act (as added by
this Act).
(d) Cost-Sharing Requirement.--Section 1916 of the Social Security
Act (42 U.S.C. 1396o) is amended by adding at the end the following new
subsection:
``(k) Premiums and Cost-Sharing for Individuals Participating in
Medicaid Buy-In Program.--
``(1) In general.--Subject to paragraph (2), with respect
to individuals who are eligible for medical assistance under
subsection (a)(10)(A)(ii)(XXIV) of section 1902 and are
described in subsection (tt) of such section, a State may--
``(A) impose premiums, deductibles, cost-sharing,
or other similar charges that are actuarially fair; and
``(B) vary the premium rate imposed on an
individual based only on the factors described in
section 2701(a)(1)(A) of the Public Health Service Act
and subject to the same limitations on the weight which
may be given to such factors under such section.
``(2) Limitations.--
``(A) Premiums.--The total amount of premiums
imposed for a year under this subsection with respect
to all individuals described in paragraph (1) in a
family shall not exceed an amount equal to 8.5 percent
of the family's household income (as defined in section
36B(d)(2) of the Internal Revenue Code of 1986) for the
year involved.
``(B) Other cost-sharing.--
``(i) In general.--The cost-sharing
limitations described in section 1302(c) of the
Patient Protection and Affordable Care Act
shall apply to cost-sharing (as defined in such
section) for medical assistance provided under
section 1902(a)(10)(A)(ii)(XXIV) in the same
manner as such limitations apply to cost-
sharing under qualified health plans under
title I of such Act.
``(ii) Availability of cost-sharing
reductions.--Individuals provided medical
assistance under section
1902(a)(10)(A)(ii)(XXIV) and subject to cost-
sharing under this subsection are eligible for
cost-sharing reductions under section 1402 of
the Patient Protection and Affordable Care Act
(subject to the income eligibility threshold in
subsection (b)(2) of such section), and in
applying such section--
``(I) enrollment in a State plan
under section 1902(a)(10)(A)(ii)(XXIV)
shall be treated as coverage under a
qualified health plan in the silver
level of coverage in the individual
market offered through an Exchange
established for or by the State under
title I of the Patient Protection and
Affordable Care Act; and
``(II) the State agency
administering such plan shall be
treated as the issuer of such plan.
``(3) Premiums and cost-sharing for certain other
individuals.--If an individual is eligible for medical
assistance under subsection (a)(10)(A)(ii)(XXIV) of section
1902 and is not described in subsection (tt) of such section, a
State--
``(A) shall not impose premiums and cost-sharing on
the individual under this subsection; and
``(B) may impose premiums and cost-sharing on the
individual to the extent allowed by another provision
of this Act (other than section
1902(a)(10)(A)(ii)(XXIV)) which provides for
eligibility for medical assistance, but only if the
individual is described in such other provision.
``(4) Application of premium assistance tax credits.--An
individual who is required to pay premiums under this
subsection for a year for medical assistance shall be eligible
for a premium assistance credit under section 36B of the
Internal Revenue Code to the same extent that such individual
would be eligible for a premium assistance credit under such
section if such individual had paid the same amount in premiums
for coverage under a qualified health plan for such year.''.
(e) Managed Care.--Section 1932(a)(1)(A)(i) of the Social Security
Act (42 U.S.C. 1396u-2(a)(1)(A)(i)) is amended by inserting ``,
including an individual who is eligible for such assistance after
buying into such coverage under section 1902(a)(10)(A)(ii)(XXIV),''
after ``the State plan under this title''.
(f) Offering Buy-In Program on State Exchange; Enrollment
Periods.--
(1) In general.--A State that has elected to allow
individuals to buy into Medicaid coverage under section
1902(a)(10)(A)(ii)(XXIV) of the Social Security Act (as added
by this Act) shall allow individuals to enroll in such coverage
through the Federal, federally facilitated, or State Exchange
established pursuant to title I of the Patient Protection and
Affordable Care Act.
(2) Enrollment periods.--A State may limit the enrollment
of individuals into Medicaid coverage under section
1902(a)(10)(A)(ii)(XXIV) of the Social Security Act (as added
by this Act) to the enrollment periods provided for under
section 1311(c)(6) of the Patient Protection and Affordable
Care Act.
(g) Application of Advanced Premium Tax Credits to Medicaid Buy-In
Plans.--
(1) In general.--Section 36B of the Internal Revenue Code
of 1986 is amended--
(A) in subsection (b)(3)(B), by adding at the end
the following new sentence:
``If an applicable taxpayer resides in a rating area in
which no silver plan is offered on the individual
market but the taxpayer buys into Medicaid coverage
under section 1902(a)(10)(A)(ii)(XXIV) of the Social
Security Act, such Medicaid coverage shall be deemed to
be the applicable second lowest cost silver plan with
respect to such taxpayer.''; and
(B) by adding at the end the following new
subsection:
``(h) Application to Individuals Purchasing Medicaid Coverage.--In
the case of any individual who buys into Medicaid coverage under
section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this
section shall be applied with the following modifications:
``(1) The amount determined under subsection (b)(2)(A)
shall be increased by the amount of the monthly premiums paid
for such coverage.
``(2) Subsection (c)(2)(A)(i) shall be applied by treating
coverage under the Medicaid program under title XIX of the
Social Security Act in the same manner as a qualified health
plan that was enrolled in through an Exchange.
``(3) In applying subsection (c)(2)(B)--
``(A) an individual shall not be considered to be
eligible for minimum essential coverage described in
section 5000A(f)(1)(A)(ii) by reason of eligibility for
medical assistance under a State Medicaid program under
section 1902(a)(10)(A)(ii)(XXIV); and
``(B) an individual who is not covered by minimum
essential coverage described in section 5000A(f)(1)(B)
shall not be considered to be eligible for such
coverage.''.
(2) Advanced payment of credit.--
(A) In general.--The Secretary of Health and Human
Services, in consultation with the Secretary of the
Treasury, shall establish a program under which--
(i) upon request of a State agency
administering a State Medicaid program under
title XIX of the Social Security Act, advance
determinations are made in a manner similar to
advanced determinations under section 1412 of
the Patient Protection and Affordable Care Act
with respect to the income eligibility of
individuals enrolling in such program for the
premium tax credit allowable under section 36B
of the Internal Revenue Code of 1986 and the
cost-sharing reductions under section 1402 of
the Patient Protection and Affordable Care Act;
(ii) the Secretary notifies--
(I) the State agency administering
the program and the Secretary of the
Treasury of the advance determinations;
and
(II) the Secretary of the Treasury
of the name and employer identification
number of each employer with respect to
whom 1 or more employees of the
employer were determined to be eligible
for the premium tax credit under
section 36B of the Internal Revenue
Code of 1986 and the cost-sharing
reductions under section 1402 of the
Patient Protection and Affordable Care
Act because--
(aa) the employer did not
provide minimum essential
coverage; or
(bb) the employer provided
such minimum essential coverage
but it was determined under
section 36B(c)(2)(C) of such
Code to either be unaffordable
to the employee or not provide
the required minimum actuarial
value; and
(iii) the Secretary of the Treasury makes
advance payments of such credit or reductions
to the State agency administering the program
in order to reduce the premiums payable by
individuals eligible for such credit.
(B) Determinations and payments.--Rules similar to
subsections (b) and (c) of section 1412 of the Patient
Protection and Affordable Care Act shall apply for
purposes of this subsection.
(C) Coordination with credit.--
(i) In general.--Section 36B of the
Internal Revenue Code of 1986 is amended by
inserting ``and under section 2(g)(2) of the
State Public Option Act'' after ``section 1412
of the Patient Protection and Affordable Care
Act'' each place it appears in subsections
(f)(1), (f)(2), and (g)(1).
(ii) Information reporting.--Section
36B(f)(3) of such Code is amended by adding at
the end the following flush sentence: ``In the
case of any coverage under the Medicaid program
under title XIX of the Social Security Act for
which a credit under this section is allowable
by reason of subsection (h), the State agency
administering the Medicaid program shall be
treated as an Exchange for purposes of this
paragraph and subparagraph (A) shall not
apply.''.
(3) Conforming amendment relating to employer
responsibility.--Paragraph (6) of section 4980H(c) of the
Internal Revenue Code of 1986 is amended by inserting ``,
except that for purposes of subsections (a)(2) and (b)(2), the
term `qualified health plan' shall include any plan described
in section 36B(h)'' after ``such Act''.
(h) Conforming Amendments.--
(1) Section 1902(a)(10) of the Social Security Act (42
U.S.C. 1396a(a)(10)), as amended by subsection (a), is further
amended, in the matter following subparagraph (G)--
(A) by striking ``and (XVIII)'' and inserting ``,
(XVIII)''; and
(B) by inserting ``, and (XIX) the medical
assistance made available to an individual described in
subparagraph (A)(ii)(XXIV) shall be limited to medical
assistance described in subsection (k)(1)'' before the
semicolon.
(2) Section 1903(f)(4) of the Social Security Act (42
U.S.C. 1396b(f)(4)) is amended by inserting
``1902(a)(10)(A)(ii)(XXIV),'' after
``1902(a)(10)(A)(ii)(XXII),''.
(3) Section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)) is amended, in the matter preceding paragraph (1)--
(A) by striking ``or'' at the end of clause (xvi);
(B) by inserting ``or'' at the end of clause
(xvii); and
(C) by inserting after clause (xvii) the following
new clause:
``(xviii) individuals described in section
1902(a)(10)(A)(ii)(XXIV),''.
(4) Section 1916A(a)(1) of the Social Security Act (42
U.S.C. 1396o-1(a)(1)) is amended by striking ``or (j)'' and
inserting ``(j), or (k)''.
(5) Section 1937(a)(1)(B) of the Social Security Act (42
U.S.C. 1396u-7(a)(1)(B)) is amended by inserting ``, subclause
(XXIV) of section 1902(a)(10)(A)(ii),'' after
``1902(a)(10)(A)(i)''.
SEC. 3. DEVELOPMENT OF STATE-LEVEL METRICS ON MEDICAID BENEFICIARY
ACCESS AND SATISFACTION.
(a) In General.--
(1) Development of metrics.--Not later than 1 year after
the date of enactment of this Act, the Director of the Agency
for Healthcare Research and Quality, in consultation with State
Medicaid Directors, shall develop standardized, State-level
metrics of access to, and satisfaction with, providers,
including primary care and specialist providers, with respect
to individuals who are enrolled in State Medicaid plans under
title XIX of the Social Security Act.
(2) Process.--The Director of the Agency for Healthcare
Research and Quality shall develop the metrics described in
paragraph (1) through a public process, which shall provide
opportunities for stakeholders to participate.
(b) Updating Metrics.--The Director of the Agency for Healthcare
Research and Quality, in consultation with the Deputy Administrator for
the Center for Medicaid and CHIP Services and State Medicaid Directors,
shall update the metrics developed under subsection (a) not less than
once every 3 years.
(c) State Implementation Funding.--The Director of the Agency for
Healthcare Research and Quality may award funds, from the amount
appropriated under subsection (d), to States for the purpose of
implementing the metrics developed under this section.
(d) Appropriation.--There is appropriated to the Director of the
Agency for Healthcare Research and Quality, out of any funds in the
Treasury not otherwise appropriated, $200,000,000 for fiscal year 2022,
to remain available until expended, for the purpose of carrying out
this section.
SEC. 4. RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO
PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND
INCLUSION OF ADDITIONAL PROVIDERS.
(a) Renewal of Payment Floor; Additional Providers.--
(1) In general.--Section 1902(a)(13) of the Social Security
Act (42 U.S.C. 1396a(a)(13)) is amended by striking
subparagraph (C) and inserting the following:
``(C) payment for primary care services (as defined
in subsection (jj)) at a rate that is not less than 100
percent of the payment rate that applies to such
services and physician under part B of title XVIII (or,
if greater, the payment rate that would be applicable
under such part if the conversion factor under section
1848(d) for the year involved were the conversion
factor under such section for 2009), and that is not
less than the rate that would otherwise apply to such
services under this title if the rate were determined
without regard to this subparagraph, and that are--
``(i) furnished in 2013 and 2014, by a
physician with a primary specialty designation
of family medicine, general internal medicine,
or pediatric medicine; or
``(ii) furnished in the period that begins
on the first day of the first month that begins
after the date of enactment of the State Public
Option Act--
``(I) by a physician with a primary
specialty designation of family
medicine, general internal medicine, or
pediatric medicine, but only if the
physician self-attests that the
physician is Board certified in family
medicine, general internal medicine, or
pediatric medicine;
``(II) by a physician with a
primary specialty designation of
obstetrics and gynecology, but only if
the physician self-attests that the
physician is Board certified in
obstetrics and gynecology;
``(III) by an advanced practice
clinician, as defined by the Secretary,
that works under the supervision of--
``(aa) a physician that
satisfies the criteria
specified in subclause (I) or
(II); or
``(bb) a nurse practitioner
or a physician assistant (as
such terms are defined in
section 1861(aa)(5)(A)) who is
working in accordance with
State law, or a certified
nurse-midwife (as defined in
section 1861(gg)) who is
working in accordance with
State law;
``(IV) by a rural health clinic,
federally qualified health center, or
other health clinic that receives
reimbursement on a fee schedule
applicable to a physician, a nurse
practitioner or a physician assistant
(as such terms are defined in section
1861(aa)(5)(A)) who is working in
accordance with State law, or a
certified nurse-midwife (as defined in
section 1861(gg)) who is working in
accordance with State law, for services
furnished by a physician, nurse
practitioner, physician assistant, or
certified nurse-midwife, or services
furnished by an advanced practice
clinician supervised by a physician
described in subclause (I)(aa) or
(II)(aa), another advanced practice
clinician, or a certified nurse-
midwife; or
``(V) by a nurse practitioner or a
physician assistant (as such terms are
defined in section 1861(aa)(5)(A)) who
is working in accordance with State
law, or a certified nurse-midwife (as
defined in section 1861(gg)) who is
working in accordance with State law,
in accordance with procedures that
ensure that the portion of the payment
for such services that the nurse
practitioner, physician assistant, or
certified nurse-midwife is paid is not
less than the amount that the nurse
practitioner, physician assistant, or
certified nurse-midwife would be paid
if the services were provided under
part B of title XVIII;''.
(2) Conforming amendments.--Section 1905(dd) of the Social
Security Act (42 U.S.C. 1396d(dd)) is amended--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding'';
(B) by inserting ``or furnished during the
additional period specified in paragraph (2),'' after
``2015,''; and
(C) by adding at the end the following:
``(2) Additional period.--For purposes of paragraph (1),
the additional period specified in this paragraph is the period
that begins on the first day of the first month that begins
after the date of enactment of the State Public Option Act.''.
(b) Improved Targeting of Primary Care.--Section 1902(jj) of the
Social Security Act (42 U.S.C. 1396a(jj)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively and realigning the left
margins accordingly;
(2) by striking ``For purposes of'' and inserting the
following:
``(1) In general.--For purposes of''; and
(3) by adding at the end the following:
``(2) Exclusions.--Such term does not include any services
described in subparagraph (A) or (B) of paragraph (1) if such
services are provided in an emergency department of a
hospital.''.
(c) Ensuring Payment by Managed Care Entities.--
(1) In general.--Section 1903(m)(2)(A) of the Social
Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended--
(A) in clause (xii), by striking ``and'' after the
semicolon;
(B) in clause (xiii)--
(i) by realigning the left margin so as to
align with the left margin of clause (xii); and
(ii) by striking the period at the end of
clause (xiii) and inserting ``; and''; and
(C) by inserting after clause (xiii) the following:
``(xiv) such contract provides that (I) payments to
providers specified in section 1902(a)(13)(C) for primary care
services defined in section 1902(jj) that are furnished during
a year or period specified in section 1902(a)(13)(C) and
section 1905(dd) are at least equal to the amounts set forth
and required by the Secretary by regulation, (II) the entity
shall, upon request, provide documentation to the State,
sufficient to enable the State and the Secretary to ensure
compliance with subclause (I), and (III) the Secretary shall
approve payments described in subclause (I) that are furnished
through an agreed upon capitation, partial capitation, or other
value-based payment arrangement if the capitation, partial
capitation, or other value-based payment arrangement is based
on a reasonable methodology and the entity provides
documentation to the State sufficient to enable the State and
the Secretary to ensure compliance with subclause (I).''.
(2) Conforming amendment.--Section 1932(f) of the Social
Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting
``and clause (xiv) of section 1903(m)(2)(A)'' before the
period.
SEC. 5. INCREASED FMAP FOR MEDICAL ASSISTANCE TO NEWLY ELIGIBLE
INDIVIDUALS.
(a) In General.--Section 1905(y)(1) of the Social Security Act (42
U.S.C. 1396d(y)(1)) is amended--
(1) in subparagraph (A), by striking ``2014, 2015, and
2016'' and inserting ``each of the first 3 consecutive 12-month
periods in which the State provides medical assistance to newly
eligible individuals'';
(2) in subparagraph (B), by striking ``2017'' and inserting
``the fourth consecutive 12-month period in which the State
provides medical assistance to newly eligible individuals'';
(3) in subparagraph (C), by striking ``2018'' and inserting
``the fifth consecutive 12-month period in which the State
provides medical assistance to newly eligible individuals'';
(4) in subparagraph (D), by striking ``2019'' and inserting
``the sixth consecutive 12-month period in which the State
provides medical assistance to newly eligible individuals'';
and
(5) in subparagraph (E), by striking ``2020 and each year
thereafter'' and inserting ``the seventh consecutive 12-month
period in which the State provides medical assistance to newly
eligible individuals and each such period thereafter''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of Public Law 111-148.
SEC. 6. MEDICAID COVERAGE OF COMPREHENSIVE REPRODUCTIVE HEALTH CARE
SERVICES.
(a) Inclusion of Comprehensive Reproductive Health Care Services as
Medical Assistance.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)), as amended by section 2(h), is further amended--
(1) in paragraph (30), by striking ``and'' at the end;
(2) by redesignating paragraph (31) as paragraph (32); and
(3) by inserting after paragraph (30) the following new
paragraph:
``(31) comprehensive reproductive health care services,
including abortion services and abortion-related services;
and''.
(b) Requiring Coverage of Comprehensive Reproductive Health Care
Services as Condition of State Plan Approval.--Section 1902(a)(10)(A)
of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)), as amended by
subsections (a) and (h) of section 2, is further amended, in the matter
preceding clause (i), by striking ``and (30)'' and inserting ``(30),
and (31)''.
(c) Conforming Amendment.--Section 1932(e)(1)(B) of the Social
Security Act (42 U.S.C. 1396u-2(e)(1)(B)) is amended by striking
``Clause (i)'' and inserting ``With respect to the period beginning
before January 1, 2023, clause (i)''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to medical assistance furnished on or after January
1, 2023.
<all>
|
State Public Option Act
|
A bill to establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan.
|
State Public Option Act
|
Sen. Schatz, Brian
|
D
|
HI
|
11,308
| 12,373
|
H.R.5740
|
Environmental Protection
|
This bill provides statutory authority for the rule published on August 27, 2019, by the Department of the Interior entitled Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat. The rule addressed procedures and criteria used for (1) listing or removing species from the lists of endangered and threatened wildlife and plants, and (2) designating critical habitat.
|
To codify certain regulations relating to endangered species and
threatened species listing and critical habitat designation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CODIFICATION OF REGULATIONS RELATING TO ENDANGERED SPECIES
AND THREATENED SPECIES LISTING AND CRITICAL HABITAT
DESIGNATION.
The amendments to part 424 of title 50, Code of Federal
Regulations, made by the final rule promulgated by the Secretary of the
Interior entitled ``Endangered Threatened Wildlife and Plants;
Regulations for Listing Species and Designating Critical Habitat'' and
published August 27, 2019 (84 Fed. Reg. 45020), shall have the force
and effect of law.
<all>
|
To codify certain regulations relating to endangered species and threatened species listing and critical habitat designation.
|
To codify certain regulations relating to endangered species and threatened species listing and critical habitat designation.
|
Official Titles - House of Representatives
Official Title as Introduced
To codify certain regulations relating to endangered species and threatened species listing and critical habitat designation.
|
Rep. Newhouse, Dan
|
R
|
WA
|
11,309
| 2,460
|
S.2506
|
Public Lands and Natural Resources
|
Tree Spiking Mitigation Act of 2021
This bill directs the Forest Service and the Bureau of Land Management (BLM) to coordinate to take necessary actions to ensure the detection, identification, and, as determined to be appropriate, mitigation of tree spiking devices located on federal lands. A tree spiking device includes spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber to impede logging.
To carry out such activities, the Forest Service and the BLM shall prioritize areas in which (1) incidences of tree spiking devices have occurred, or (2) the Forest Service and the BLM suspect that there are tree spiking devices.
No later than 90 days after the enactment of this bill, the Forest Service and the BLM shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices.
|
To require the Secretary of Agriculture, acting through the Chief of
the Forest Service, and the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, to take actions to
mitigate tree spiking devices on certain Federal land, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tree Spiking Mitigation Act of
2021''.
SEC. 2. DETECTION, IDENTIFICATION, AND MITIGATION OF TREE SPIKING
DEVICES ON FEDERAL LAND.
(a) In General.--The Secretaries, acting in coordination, shall
take necessary actions to ensure the detection, identification, and, as
the Secretaries determine to be appropriate, mitigation of tree spiking
devices located on Federal land.
(b) Prioritization.--For purposes of carrying out activities under
subsection (a), the Secretaries shall prioritize areas in which--
(1) incidences of tree spiking devices have occurred; or
(2) the Secretaries suspect that there are tree spiking
devices.
(c) Memoranda of Understanding.--The Secretaries may enter into
memoranda of understanding for carrying out activities on Federal land
under this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretaries to carry out this section $10,000,000
for fiscal year 2022, to remain available until September 30, 2026.
SEC. 3. UPDATES TO SAFETY GUIDELINES AND TRAINING PROTOCOLS.
Not later than 90 days after the date of enactment of this Act, the
Secretaries shall, where appropriate, update safety guidelines and
training protocols to include the awareness, detection, identification,
and mitigation of tree spiking devices.
SEC. 4. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a))),
except--
(i) the national grasslands and land
utilization projects administered under title
III of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.); or
(ii) National Forest System land east of
the 100th meridian; and
(B) land under the jurisdiction of the Secretary of
the Interior, acting through the Director of the Bureau
of Land Management.
(2) Secretaries.--The term ``Secretaries'' means each of--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service; and
(B) the Secretary of the Interior, acting through
the Director of the Bureau of Land Management.
(3) Tree spiking device.--The term ``tree spiking device''
means any tree spiking device described in section 1864(d)(3)
of title 18, United States Code.
<all>
|
Tree Spiking Mitigation Act of 2021
|
A bill to require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes.
|
Tree Spiking Mitigation Act of 2021
|
Sen. Barrasso, John
|
R
|
WY
|
11,310
| 12,582
|
H.R.7194
|
Labor and Employment
|
Employee Rights Act This bill makes various changes with respect to the collective bargaining process and labor relations. For example, the bill permits an employer to refuse to collectively bargain with a union within 90 days prior to the expiration of a collective bargaining agreement if the employer receives evidence that the majority of the employees in the bargaining unit do not support the union. The bill requires support from a majority of the employees in the bargaining unit (not just a majority of the employees voting) when electing union representation. The bill also requires unions to provide bargaining unit employees with the right to vote by secret ballot, including when voting whether to engage in a strike or refusal to work. Further, union dues, fees, assessments, and other contributions may be used for only collective bargaining or contract administrative functions. Additionally, the bill establishes a process for nullifying executive orders that the Office of Management and Budget determines are likely to result in an employer ordering a plant closure or mass layoff.
|
To reform the labor laws of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Rights Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--ENHANCING EMPLOYEE RIGHTS
Sec. 101. Enhanced employee rights.
Sec. 102. Interference with commerce by threats or violence.
Sec. 103. Additional labor rights under the National Labor Relations
Act.
TITLE II--EMPLOYEE BENEFITS AND ADVANCEMENT
Sec. 201. Payment of higher wages.
Sec. 202. Employment relationships.
Sec. 203. Preventing Federal actions that cause job losses.
TITLE III--STRUCTURAL REFORMS
Sec. 301. Tribal sovereignty.
Sec. 302. Labor organizations required to file Form T-1 Trust Annual
Reports.
TITLE IV--ADDITIONAL REFORMS TO EXISTING LABOR RIGHTS AND PROTECTIONS
Sec. 401. Notice of rights and protections; voter registration lists.
Sec. 402. Labor organization use of personal information.
Sec. 403. Notices for labor organization cards declaring purpose and
disclosure of dues and fees.
TITLE I--ENHANCING EMPLOYEE RIGHTS
SEC. 101. ENHANCED EMPLOYEE RIGHTS.
(a) Amendments to the National Labor Relations Act.--
(1) Unfair labor practices.--Section 8(b)(1) of the
National Labor Relations Act (29 U.S.C. 158(b)(1)) is amended
by striking ``restrain or'' and inserting ``interfere with,
restrain, or''.
(2) Representatives and elections.--The National Labor
Relations Act is amended--
(A) in section 8 (29 U.S.C. 158), by adding at the
end the following:
``(h)(1) Except as described in paragraph (3), it shall not be an
unfair labor practice under subsection (a) for an employer that, not
more than 90 days prior to the expiration of a collective bargaining
agreement in effect between a representative of employees of the
employer in a bargaining unit and the employer, receives evidence that
the majority of the employees in the unit do not support the
representative for purposes of collective bargaining to refuse to
bargain collectively with the representative prior to the expiration of
the agreement for the purpose of negotiating a new or renewed
collective bargaining agreement.
``(2) An employer that refuses to bargain collectively in
accordance with paragraph (1) shall provide notice of the refusal to
the representative of the bargaining unit on the date of such refusal.
``(3)(A) It shall be an unfair labor practice for an employer
described in paragraph (1) to refuse to bargain collectively with the
representative of the bargaining unit described in such paragraph for
the purpose of negotiating a new or renewed collective bargaining
agreement prior to the expiration of the agreement in effect between
the representative and the employer if the representative reestablishes
in accordance with subparagraph (B) that a majority of the employees in
the unit for purposes of collective bargaining support the
representative.
``(B) A representative reestablishes majority support under
subparagraph (A), if, not more than 45 days after the date of the
notice of refusal under paragraph (2), the representative, in
accordance with section 9, files a petition with the Board and is
selected for purposes of collective bargaining by secret ballot, in an
election conducted by the Board, by the majority of the employees in
the unit.''; and
(B) in section 9(a) (29 U.S.C. 159(a))--
(i) by striking ``designated or selected
for the purposes of collective bargaining'' and
inserting ``for the purposes of collective
bargaining selected by secret ballot in an
election conducted by the Board,''; and
(ii) by inserting before the period the
following: ``: Provided further, That, for
purposes of determining the majority of the
employees in a secret ballot election in a
unit, the term `majority' shall mean the
majority of all the employees in the unit, and
not the majority of employees voting in the
election: Provided further, That, for any
bargaining unit that is voluntarily recognized
for the purposes of collective bargaining as of
the date of enactment of the Employee Rights
Act, the Board shall, not later than 120 days
after such date of enactment, conduct a secret
ballot election among the represented employees
in the bargaining unit and, if a majority of
the votes cast in such election reject the
continuing representation by the labor
organization, the labor organization shall
cease representation of employees in the
bargaining unit and any obligations to or on
behalf of the labor organization in a
collectively bargained contract then in effect
shall terminate''.
(3) Fair representation in elections.--Section 9 of the
National Labor Relations Act (29 U.S.C. 159) is amended--
(A) in subsection (b), by inserting ``prior to an
election'' after ``in each case''; and
(B) in subsection (c)--
(i) in the flush matter following paragraph
(1)(B)--
(I) by inserting ``of 14 days in
advance'' after ``appropriate hearing
upon due notice'';
(II) by inserting ``, and a review
of post-hearing appeals,'' after ``the
record of such hearing''; and
(III) by adding at the end the
following: ``The employer shall provide
the Board a list consisting only of
employee names and home addresses of
all eligible voters within 7 days
following the Board's determination of
the appropriate unit or following any
agreement between the employer and the
labor organization regarding the
eligible voters. Any employee may elect
to be excluded from such list by
notifying the employer in writing.'';
and
(ii) by adding at the end the following:
``(6)(A) No election shall take place after the filing of any
petition unless and until--
``(i) a hearing is conducted before a qualified hearing
officer in accordance with due process on any and all material,
factual issues regarding jurisdiction, statutory coverage,
appropriate unit, unit inclusion or exclusion, or eligibility
of individuals; and
``(ii) the issues are resolved by a regional director,
subject to appeal and review, or by the Board.
``(B) No election results shall be final and no labor organization
shall be certified as the bargaining representative of the employees in
an appropriate unit unless and until--
``(i) the Board has ruled on each pre-election issue not
resolved before the election; and
``(ii) the Board conducts a hearing in accordance with due
process and resolves each issue pertaining to the conduct or
results of the election.''.
(4) Penalties.--Section 10(c) of the National Labor
Relations Act (29 U.S.C. 160(c)) is amended by inserting before
``And provided further'' the following: ``Provided further,
That in a case the Board has found that any labor organization
has interfered with, restrained, or coerced employees in the
exercise of their rights under section 7 to form or join a
labor organization or to refrain therefrom, including the
filing of a decertification petition, the Board shall order the
labor organization to be liable to the affected employees for
wages lost and labor organization dues or fees collected
unlawfully, if any, and an additional amount as liquidated
damages: Provided further, That any labor organization found to
have interfered with, restrained, or coerced an employee in
connection with the filing of a decertification petition shall
be prohibited from filing objections to an election held
pursuant to such petition:''.
(b) Amendments to the Labor-Management Reporting and Disclosure Act
of 1959.--
(1) Definition.--Section 3(k) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 402(k)) is
amended by striking ``ballot, voting machine, or otherwise,
but'' and inserting ``paper ballot, voting machine, or
electronic ballot cast in the privacy of a voting booth and''.
(2) Rights of members.--Section 101(a)(1) of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C.
411(a)(1)) is amended by adding at the end the following
``Every employee in a bargaining unit represented by a labor
organization, regardless of membership status in the labor
organization, shall have the same right as members to vote by
secret ballot regarding whether to ratify a collective
bargaining agreement with, or to engage in a strike or refusal
to work of any kind against, their employer.''.
(3) Right not to subsidize labor organization
nonrepresentational activities.--Title I of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411
et seq.) is amended by adding at the end the following:
``SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZATION
NONREPRESENTATIONAL ACTIVITIES.
``No employee's labor organization dues, fees, assessments, or
other contributions shall be used or contributed to any person,
organization, or entity for any purpose not directly related to the
labor organization's collective bargaining or contract administration
functions on behalf of the represented unit employee unless the
employee member, or nonmember required to make such payments as a
condition of employment, authorizes such expenditure in writing, after
a notice period of not less than 35 days. An initial authorization
provided by an employee under the preceding sentence shall expire not
later than 1 year after the date on which such authorization is signed
by the employee. There shall be no automatic renewal of an
authorization under this section.''.
(4) Limitations.--Section 101(a) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 411(a)) is
amended by adding at the end the following:
``(6) Limitation.--No strike shall commence without the consent of
a majority of all represented unit employees affected, determined by a
secret ballot vote conducted by a neutral, private organization chosen
by agreement between the employer and the labor organization involved.
In any case in which the employer involved has made an offer for a
collective bargaining agreement, the represented unit employees
involved shall be provided the opportunity for a secret ballot vote on
such offer prior to any vote relating to the commencement of a strike.
The cost of any such election shall be borne by the labor
organization.''.
(5) Reporting by labor organizations.--Section 201(c) of
the Labor-Management Reporting and Disclosure Act of 1959 (29
U.S.C. 431(c)) is amended--
(A) by inserting ``and the independently verified
annual audit report of the labor organization's
financial condition and operations'' after ``required
to be contained in such report'';
(B) by inserting ``and represented unit
nonmembers'' after ``members'';
(C) by inserting ``and represented unit nonmember''
after ``any member'';
(D) by inserting ``or represented unit nonmember''
after ``to permit such member'';
(E) by striking ``and'' after ``any books,
records,''; and
(F) by striking ``necessary to verify such report''
and inserting ``, and independently verified annual
audit report of the labor organization's financial
condition and operations necessary to verify such
report required to be submitted under this title''.
(6) Acts of violence.--Section 610 of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 530) is
amended--
(A) by striking ``It shall'' and inserting ``(a) It
shall''; and
(B) by adding at the end the following:
``(b) It shall be unlawful for any person, through the use of force
or violence, or threat of the use of force or violence, to restrain,
coerce, or intimidate, or attempt to restrain, coerce, or intimidate
any person for the purpose of obtaining from any person any right to
represent employees or any compensation or other term or condition of
employment. Any person who willfully violates this subsection shall be
fined not more than $100,000 or imprisoned for not more than 10 years,
or both.
``(c) The lawfulness of a labor organization's objectives shall not
remove or exempt from the definition of extortion conduct by the labor
organization or its agents that otherwise constitutes extortion as
defined by section 1951(b)(2) of title 18, United States Code.''.
SEC. 102. INTERFERENCE WITH COMMERCE BY THREATS OR VIOLENCE.
Section 1951 of title 18, United States Code, is amended to read as
follows:
``Sec. 1951. Interference with commerce by threats or violence
``(a) Prohibition.--Except as provided in subsection (c), whoever
in any way or degree obstructs, delays, or affects commerce or the
movement of any article or commodity in commerce, by robbery or
extortion, or attempts or conspires so to do, or commits or threatens
physical violence to any person or property in furtherance of a plan or
purpose to do anything in violation of this section, shall be fined not
more than $100,000, imprisoned for a term of not more than 20 years, or
both.
``(b) Definitions.--For purposes of this section--
``(1) the term `commerce' means any--
``(A) commerce within the District of Columbia, or
any territory or possession of the United States;
``(B) commerce between any point in a State,
territory, possession, or the District of Columbia and
any point outside thereof;
``(C) commerce between points within the same State
through any place outside that State; and
``(D) other commerce over which the United States
has jurisdiction;
``(2) the term `extortion' means the obtaining of property
from any person, with the consent of that person, if that
consent is induced--
``(A) by actual or threatened use of force or
violence, or fear thereof;
``(B) by wrongful use of fear not involving force
or violence; or
``(C) under color of official right;
``(3) the term `labor dispute' has the same meaning as in
section 2(9) of the National Labor Relations Act (29 U.S.C.
152(9)); and
``(4) the term `robbery' means the unlawful taking or
obtaining of personal property from the person or in the
presence of another, against his or her will, by means of
actual or threatened force or violence, or fear of injury,
immediate or future--
``(A) to his or her person or property, or property
in his or her custody or possession; or
``(B) to the person or property of a relative or
member of his or her family, or of anyone in his or her
company at the time of the taking or obtaining.
``(c) Exempted Conduct.--
``(1) In general.--Subsection (a) does not apply to any
conduct that--
``(A) is incidental to otherwise peaceful picketing
during the course of a labor dispute;
``(B) consists solely of minor bodily injury, or
minor damage to property, or threat or fear of such
minor injury or damage; and
``(C) is not part of a pattern of violent conduct
or of coordinated violent activity.
``(2) State and local jurisdiction.--Any violation of this
section that involves any conduct described in paragraph (1)
shall be subject to prosecution only by the appropriate State
and local authorities.
``(d) Effect on Other Law.--Nothing in this section shall be
construed--
``(1) to repeal, amend, or otherwise affect--
``(A) section 6 of the Clayton Act (15 U.S.C. 17);
``(B) section 20 of the Clayton Act (29 U.S.C. 52);
``(C) any provision of the Norris-LaGuardia Act (29
U.S.C. 101 et seq.);
``(D) any provision of the National Labor Relations
Act (29 U.S.C. 151 et seq.); or
``(E) any provision of the Railway Labor Act (45
U.S.C. 151 et seq.); or
``(2) to preclude Federal jurisdiction over any violation
of this section, on the basis that the conduct at issue--
``(A) is also a violation of State or local law; or
``(B) occurred during the course of a labor dispute
or in pursuit of a legitimate business or labor
objective.''.
SEC. 103. ADDITIONAL LABOR RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT.
(a) Religious Conscientious Exemption.--Section 19 of the National
Labor Relations Act (29 U.S.C. 169) is amended--
(1) by striking ``Any employee'' and inserting ``(a) Any
employee'';
(2) by striking ``; except that'' and all that follows
through ``chosen by the employee''; and
(3) by adding at the end the following:
``(b)(1) Notwithstanding any other provision in this Act, a
qualified employer shall not be required to comply with any provision
in this Act that requires the employer to recognize, bargain with, or
financially support any labor organization.
``(2) For purposes of this subsection--
``(A) the term `qualified employer' means an employer--
``(i) that has a board of directors, of which a
majority of the individuals serving on such board are
qualified individuals;
``(ii) that has a stock, of which the majority is
owned or controlled by a qualified individual or
qualified individuals; or
``(iii) whose management is controlled, in
majority, by a qualified individual or qualified
individuals; and
``(B) the term `qualified individual' means an individual
who is a member of and adheres to established and traditional
tenets or teachings of a bona fide religion, body, or sect
which has historically held conscientious objections to
recognizing, bargaining with, or financially supporting labor
organizations.''.
(b) New Elections in Cases of Labor Organization Misconduct.--
Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)), as
amended by section 101(a)(3)(B), is further amended by adding at the
end the following:
``(7) In any case in which the Board determines that the results of
an election under this subsection were influenced by the misconduct of
a labor organization, including misconduct through interference,
restraint, or coercion of an employee with respect to such election,
the Board shall set aside the results of such election and order a new
election with appropriate additional safeguards necessary to ensure a
fair election process.''.
(c) Rights of Employers Regarding Employer-Issued Technology.--The
National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
(1) by inserting after section 7 (29 U.S.C. 157) the
following:
``SEC. 7A. RIGHTS OF EMPLOYERS REGARDING EMPLOYER-ISSUED TECHNOLOGY.
``An employer shall have the right to determine how technology
issued by the employer (including communication devices and systems) is
used by employees and to prohibit employees from using any such
technology for efforts to form, join, or assist a labor
organization.''; and
(2) in section 8 (29 U.S.C. 158), as amended by section
101(a)(2)(A), by adding at the end the following:
``(i) It shall be an unfair labor practice for an employee or a
labor organization to interfere with the right of an employer under
section 7A, including by violating or encouraging employees to violate
a prohibition of an employer described in such section.''.
(d) Rejecting Arbitrated First Collective Bargaining Agreements.--
Section 9 of the National Labor Relations Act (29 U.S.C. 159) is
amended by adding at the end the following:
``(f) Notwithstanding any other provision of law, in the case of
any collective bargaining agreement that was made through arbitration
and that is the first such agreement between an employer and a labor
organization, the employees covered by such agreement shall have the
right to vote on the ratification of such agreement through a secret
ballot election. In the case that such employees exercise such right
and a majority of the employees vote against ratifying the agreement,
the agreement shall be null and void.''.
(e) Waiting Period After Failed Labor Organization Vote.--Section
9(c) of the National Labor Relations Act (29 U.S.C. 159(c)), as amended
by subsection (b), is further amended--
(1) in paragraph (3), by striking the first sentence; and
(2) by adding at the end the following:
``(8)(A) Subject to subparagraph (B), no election shall be
conducted pursuant to this subsection in any bargaining unit within
which, in the preceding 2-year period, a valid election was held and a
majority of the employees in such bargaining unit voted against
representation.
``(B) An election may be held in a case described in subparagraph
(A) during the period described in such subparagraph if the bargaining
unit described in such subparagraph experiences turnover, expansion, or
alteration by merger of unit represented employees exceeding 50 percent
of the bargaining unit on the date on which the election resulting in a
majority of the employees in the unit voting against representation
occurred.''.
(f) Collective or Class Actions.--Section 7 of the National Labor
Relations Act (29 U.S.C. 157) is amended by adding at the end the
following: ``Nothing in this section shall confer the right of an
employee to support or engage in a class or collective action.''.
TITLE II--EMPLOYEE BENEFITS AND ADVANCEMENT
SEC. 201. PAYMENT OF HIGHER WAGES.
Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a))
is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Notwithstanding a labor organization's exclusive
representation of employees in a unit, or the terms and conditions of
any collective bargaining contract or agreement then in effect, nothing
in either--
``(A) paragraph (1) or (5) of section 8(a), or
``(B) a collective bargaining contract or agreement renewed
or entered into after the date of enactment of the Employee
Rights Act,
shall prohibit an employer from paying an employee in the unit greater
wages, pay, or other compensation for, or by reason of, his or her
services as an employee of such employer, than provided for in such
contract or agreement.''.
SEC. 202. EMPLOYMENT RELATIONSHIPS.
(a) Amendments to the Fair Labor Standards Act of 1938 To Harmonize
the Definition of Employee.--
(1) Definition of employee.--Section 3(e)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by
inserting before the period the following: ``, as determined
under the usual common law rules''.
(2) Definition of employ.--Section 3(g) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(g)) is amended by
inserting ``an employee'' after ``permit''.
(b) Clarification of Joint Employment.--
(1) National labor relations act.--Section 2(2) of the
National Labor Relations Act (29 U.S.C. 152(2)) is amended--
(A) by striking ``The term `employer''' and
inserting ``(A) The term `employer'''; and
(B) by adding at the end the following:
``(B) An employer may be considered a joint employer of the
employees of another employer only if each employer directly, actually,
and immediately, and not in a limited and routine manner, exercises
significant control over the essential terms and conditions of
employment of the employees of the other employer, such as hiring such
employees, discharging such employees, determining the rate of pay and
benefits of such employees, supervising such employees on a day-to-day
basis, assigning such employees a work schedule, position, or task, or
disciplining such employees.''.
(2) Fair labor standards act of 1938.--Section 3(d) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) is
amended--
(A) by striking ```Employer' includes'' and
inserting ``(1) `Employer' includes''; and
(B) by adding at the end the following:
``(2) An employer may be considered a joint employer of the
employees of another employer for purposes of this Act only if each
employer meets the criteria set forth in section 2(2)(B) of the
National Labor Relations Act (29 U.S.C. 152(2)(B)) except that, for
purposes of determining joint-employer status under this Act, the terms
`employee' and `employer' referenced in such section shall have the
meanings given such terms in this section.''.
(c) Benefits for Individuals Accessing Work Through a Digital
Marketplace Company.--
(1) In general.--Notwithstanding any other provision of
law, the fact that an individual accessing work through a
digital marketplace company receives retirement or fringe
benefits from such digital marketplace company shall not
establish, or support the establishment of, an employee and
employer relationship between the individual accessing work
through a digital marketplace company and the digital
marketplace company, respectively, under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.), the National
Labor Relations Act (29 U.S.C. 151 et seq.), or any other
Federal law.
(2) Definitions.--In this subsection:
(A) Digital marketplace company.--The term
``digital marketplace company'' means a business entity
affecting commerce that--
(i)(I) maintains an online-enabled
application or platform to facilitate the
exchange of goods or services by users of the
online-enabled application or platform; or
(II) licenses access to an online-enabled
application or platform to facilitate the
exchange of goods or services; and
(ii) does not require a licensee using the
online-enabled application or platform to
generate business to accept any specific job
request as a condition of maintaining access to
the entity's online-enabled application or
platform.
(B) Individual accessing work through a digital
marketplace company.--The term ``individual accessing
work through a digital marketplace company'' means an
individual who--
(i) is provided with the option to accept
or reject job requests through an online-
enabled application or platform maintained by a
digital marketplace company; and
(ii) provides services to digital platform
consumers upon connection through a digital
network maintained by the digital marketplace
company in exchange for compensation or payment
of a fee.
(d) Provision of Technical Assistance.--Notwithstanding any other
provision of law, under the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.), the National Labor Relations Act (29 U.S.C. 151 et seq.),
or any other Federal law, none of the following may be construed, alone
or in combination with any other factor, as establishing an employer
and employee relationship between a franchisor (or any employee of the
franchisor) and a franchisee (or any employee of the franchisee):
(1) The franchisor (or any employee of the franchisor)
provides the franchisee (or any employee of the franchisee)
with, or requires such franchisee (or any employee of the
franchisee) to use, a handbook, or other training, on sexual
harassment, human trafficking, workplace violence,
discrimination, or opportunities for apprenticeships or
scholarships.
(2) The franchisor (or any employee of the franchisor)
requires the franchisee (or any employee of the franchisee) to
adopt a policy on sexual harassment, human trafficking,
workplace violence, discrimination, opportunities for
apprenticeships or scholarships, child care, or paid leave,
including a requirement for such franchisee (or any employee of
the franchisee) to report to the franchisor (or any employee of
the franchisor) any violations or suspected violations of such
policy.
(e) Protection of Employer Rights.--
(1) Purposes.--The purposes of this subsection are--
(A) to preserve the balance of rights between
employers, employees, and labor organizations; and
(B) to alleviate pressure on employers to hire
individuals who seek or gain employment in order to
disrupt the workplace of the employer or otherwise
inflict economic harm designed to put the employer out
of business.
(2) Clarification of employer rights regarding hiring.--
Section 8 of the National Labor Relations Act (29 U.S.C. 158),
as amended by section 103(c)(2), is further amended by adding
at the end the following:
``(j) Nothing in subsection (a) shall be construed as requiring an
employer to employ any person who seeks or has sought employment with
the employer in furtherance of other employment or membership in a
labor organization.''.
SEC. 203. PREVENTING FEDERAL ACTIONS THAT CAUSE JOB LOSSES.
(a) Definitions.--In this section:
(1) Agency; rule.--The terms ``agency'' and ``rule'' have
the meanings given those terms in section 551 of title 5,
United States Code.
(2) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(3) Employer.--The term ``employer'' has the meaning given
the term in section 2 of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101).
(4) Mass layoff; plant closing.--The terms ``mass layoff''
and ``plant closing'' have the meanings given those terms in
section 2 of the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2101), except that those terms do not include a
mass layoff or plant closing described in section 4 of that Act
(29 U.S.C. 2103).
(5) Rescission resolution.--The term ``rescission
resolution'' means a joint resolution--
(A) relating to an Executive order for which the
Director has submitted notice to Congress under
subsection (d)(2) that the Executive order is likely to
result in an employer ordering a plant closing or mass
layoff;
(B) which does not have a preamble;
(C) the title of which is as follows: ``Joint
resolution relating to nullifying the Executive order
relating to ___.'', the blank space being filled in
with the title of the Executive order; and
(D) the matter after the resolving clause of which
is as follows: ``That--
``(1) effective as if enacted on the date on which the
Executive order was issued, the provisions of Executive Order
____, entitled `______' are rescinded and shall have no force
or effect; and
``(2) none of the funds appropriated or otherwise made
available by any Act may be used to implement, administer, or
otherwise carry out the Executive order described in paragraph
(1), or any successor Executive order or regulation.'', the
blank spaces being filled in with the number and title,
respectively, of the Executive order.
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(b) Review Process of Agency Rules.--
(1) In general.--The head of an agency shall include in
each report relating to a rule submitted to each House of
Congress and the Comptroller General of the United States under
section 801(a)(1)(A) of title 5, United States Code, a
regulatory impact statement that includes--
(A) a determination of whether the rule is likely
to result in an employer ordering--
(i) a plant closing; or
(ii) a mass layoff; and
(B) if the head of the agency makes a positive
determination under subparagraph (A), a list of each
State in which an employer is likely to order a plant
closing or mass layoff as a result of the rule.
(2) Considerations.--In making a determination on a rule
under paragraph (1)(A), the head of an agency shall consider
comments received from the public.
(3) Notification.--Not later than the date on which the
head of an agency issues a rule for which the head of the
agency makes a positive determination under paragraph (1)(A),
the head of the agency shall notify--
(A) the Governor of any State included in a list
described in paragraph (1)(B) of the likelihood of an
employer ordering a plant closing or mass layoff in
that State as a result of the rule; and
(B) any employees likely to be impacted by an
employer ordering a plant closing or mass layoff that
may occur as a result of the rule.
(c) Time Limit for Congressional Review Inapplicable.--With respect
to a rule for which the head of an agency makes a positive
determination under subsection (b)(1)(A), the period during which a
joint resolution described in section 802(a) of title 5, United States
Code, relating to the rule may be introduced shall be unlimited.
(d) Review Process of Executive Orders.--
(1) In general.--Not later than 7 days after the date on
which the President issues an Executive order, the Director
shall determine whether the Executive order is likely to result
in an employer ordering a mass layoff or plant closing.
(2) Notification.--Not later than 15 days after the date on
which the President issues an Executive order for which the
Director makes a positive determination under paragraph (1),
the Director shall submit a notice to Congress and the Governor
of any State in which an employer is likely to order a plant
closing or mass layoff as a result of the Executive order,
which shall contain the following message:
``In accordance with section 203 of the Employee Rights
Act, I am notifying you that the President has issued Executive
Order Number ___, which I have determined would likely result
in an employer ordering a plant closing or mass layoff at
_____.'', the blank spaces being filled in with the number of
the Executive order and the address of the single site of
employment at which an employer is likely to order a plant
closing or mass layoff, respectively.
(e) Nullification of Executive Actions.--
(1) In general.--It shall be in order, not later than 60
days (excluding days either House of Congress is adjourned for
more than 3 days during a session of Congress) after the date
on which the Director notifies Congress of an Executive order
that is likely to result in an employer ordering a plant
closing or mass layoff under subsection (d)(2), to introduce a
rescission resolution in the House of Representatives or the
Senate with respect to the Executive order.
(2) Congressional consideration of proposed rescission
resolutions.--
(A) Procedure in house and senate.--
(i) Referral.--Any rescission resolution
introduced under paragraph (1) shall be
referred to the appropriate committee of the
House of Representatives or the Senate, as the
case may be.
(ii) Discharge of committee.--
(I) In general.--If the committee
to which a rescission resolution with
respect to an Executive order has been
referred has not reported it at the end
of 25 calendar days of continuous
session of the Congress after its
introduction, it is in order to move
to--
(aa) discharge the
committee from further
consideration of the rescission
resolution; or
(bb) discharge the
committee from further
consideration of any other
rescission resolution with
respect to the same Executive
order, which has been referred
to the committee.
(II) Motion to discharge.--A motion
to discharge may be made only by an
individual favoring the rescission
resolution and may be made only if
supported by one-fifth of the Members
of the House involved (a quorum being
present). The motion is highly
privileged in the House and privileged
in the Senate (except that it may not
be made after the committee has
reported a rescission resolution with
respect to the same Executive order)
and debate thereon shall be limited to
not more than 1 hour, the time to be
divided in the House equally between
those favoring and those opposing the
rescission resolution, and to be
divided in the Senate equally between,
and controlled by, the majority leader
and the minority leader or their
designees. An amendment to the motion
is not in order, and it is not in order
to move to reconsider the vote by which
the motion is agreed to or disagreed
to.
(iii) Floor consideration in the house.--
(I) When the committee of the House
of Representatives has reported, or has
been discharged from further
consideration of a rescission
resolution, it shall at any time
thereafter be in order (even though a
previous motion to the same effect has
been disagreed to) to move to proceed
to the consideration of the rescission
resolution. The motion shall be highly
privileged and not debatable. An
amendment to the motion shall not be in
order, nor shall it be in order to move
to reconsider the vote by which the
motion is agreed to or disagreed to.
(II) Debate on a rescission
resolution shall be limited to not more
than 2 hours, which shall be divided
equally between those favoring and
those opposing the rescission
resolution or resolution. A motion
further to limit debate shall not be
debatable. It shall not be in order to
move to reconsider the vote by which a
rescission resolution is agreed to or
disagreed to.
(III) Motions to postpone, made
with respect to the consideration of a
rescission resolution, and motions to
proceed to the consideration of other
business, shall be decided without
debate.
(IV) All appeals from the decisions
of the Chair relating to the
application of the Rules of the House
of Representatives to the procedure
relating to any rescission resolution
shall be decided without debate.
(V) Except to the extent
specifically provided in the preceding
provisions of this subsection,
consideration of any rescission
resolution and amendments thereto (or
any conference report thereon) shall be
governed by the Rules of the House of
Representatives applicable to other
rescission resolutions and resolutions,
amendments, and conference reports in
similar circumstances.
(iv) Floor consideration in the senate.--
(I) Debate in the Senate on any
rescission resolution, and all
amendments thereto and debatable
motions and appeals in connection
therewith, shall be limited to not more
than 10 hours. The time shall be
equally divided between, and controlled
by, the majority leader and the
minority leader or their designees.
(II) Debate in the Senate on any
amendment to a rescission resolution
shall be limited to 2 hours, to be
equally divided between, and controlled
by, the mover and the manager of the
rescission resolution. Debate on any
amendment to an amendment to such a
rescission resolution and debate on any
debatable motion or appeal in
connection with such a rescission
resolution shall be limited to 1 hour,
to be equally divided between, and
controlled by, the mover and the
manager of the rescission resolution,
except that in the event the manager of
the rescission resolution is in favor
in any such amendment, motion, or
appeal, the time in opposition thereto
shall be controlled by the minority
leader or his designee. No amendment
that is not germane to the provisions
of a rescission resolution shall be
received. Such leaders, or either of
them, may, from the time under their
control on the passage of a rescission
resolution, allot additional time to
any Senator during the consideration of
any amendment, debatable motion, or
appeal.
(III) A motion to further limit
debate is not debatable. A motion to
recommit a rescission resolution
(except a motion to recommit with
instructions to report back within a
specified number of days, not to exceed
3, excluding any day on which the
Senate is not in session) is not in
order. Debate on any such motion to
recommit shall be limited to one hour,
to be equally divided between, and
controlled by, the mover and the
manager of the concurrent resolution.
(IV) The conference report on any
rescission resolution shall be in order
in the Senate at any time after the
third day (excluding Saturdays,
Sundays, and legal holidays) following
the day on which such a conference
report is reported and is available to
Members of the Senate. A motion to
proceed to the consideration of the
conference report may be made even
though a previous motion to the same
effect has been disagreed to.
(V) During Senate consideration of
the conference report on any rescission
resolution, debate shall be limited to
2 hours, to be equally divided between,
and controlled by, the majority leader
and minority leader or their designees.
Debate on any debatable motion or
appeal related to the conference report
shall be limited to 30 minutes, to be
equally divided between, and controlled
by, the mover and the manager of the
conference report.
(VI) Should the conference report
be defeated, debate on any request for
a new conference and the appointment of
conferees shall be limited to one hour,
to be equally divided, between, and
controlled by, the manager of the
conference report and the minority
leader or his designee, and should any
motion be made to instruct the
conferees before the conferees are
named, debate on such motion shall be
limited to 30 minutes, to be equally
divided between, and controlled by, the
mover and the manager of the conference
report. Debate on any amendment to any
such instructions shall be limited to
20 minutes, to be equally divided
between, and controlled by the mover
and the manager of the conference
report. In all cases when the manager
of the conference report is in favor of
any motion, appeal, or amendment, the
time in opposition shall be under the
control of the minority leader or his
designee.
(VII) In any case in which there
are amendments in disagreement, time on
each amendment shall be limited to 30
minutes, to be equally divided between,
and controlled by, the manager of the
conference report and the minority
leader or his designee. No amendment
that is not germane to the provisions
of such amendments shall be received.
(3) Continuity of session of congress.--For the purpose of
this subsection, continuity of a session of the Congress shall
be considered as broken only by an adjournment of the Congress
sine die.
TITLE III--STRUCTURAL REFORMS
SEC. 301. TRIBAL SOVEREIGNTY.
Section 2 of the National Labor Relations Act (29 U.S.C. 152) is
amended--
(1) in paragraph (2), by inserting ``or any Indian tribe,
or any enterprise or institution owned and operated by an
Indian tribe and located on its Indian lands,'' after
``subdivision thereof,''; and
(2) by adding at the end the following:
``(15) The term `Indian tribe' means any Indian tribe,
band, nation, pueblo, or other organized group or community
which is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``(16) The term `Indian' means any individual who is a
member of an Indian tribe.
``(17) The term `Indian lands' means--
``(A) all lands within the limits of any Indian
reservation;
``(B) any lands title to which is either held in
trust by the United States for the benefit of any
Indian tribe or Indian or held by any Indian tribe or
Indian subject to restriction by the United States
against alienation; and
``(C) any lands in the State of Oklahoma that are
within the boundaries of a former reservation (as
defined by the Secretary of the Interior) of a
Federally recognized Indian tribe.''.
SEC. 302. LABOR ORGANIZATIONS REQUIRED TO FILE FORM T-1 TRUST ANNUAL
REPORTS.
Section 201 of the Labor-Management Reporting and Disclosure Act of
1959 (29 U.S.C. 431) is amended by adding at the end the following:
``(d) Form T-1 Annual Trust Report.--
``(1) Definition of covered labor organization.--In this
subsection, the term `covered labor organization' means a labor
organization whose total annual receipts equal or exceed
$250,000.
``(2) Conditions.--Each covered labor organization shall
file an annual report containing the information described in
paragraph (3) for each trust in which a labor organization is
interested if the labor organization (alone or in combination
with other labor organizations)--
``(A) has, at any time during or prior to the
reporting period, selected or appointed the majority of
the governing board of the trust in office at any time
during the reporting period; or
``(B) contributes more than 50 percent of the
receipts of the trust during the reporting period.
``(3) Report.--A report required under paragraph (2) shall
contain information pertaining to the financial operations of
the labor organization and the trust, including any
transactions or major receipts or disbursements by the trust
during the reporting period.''.
TITLE IV--ADDITIONAL REFORMS TO EXISTING LABOR RIGHTS AND PROTECTIONS
SEC. 401. NOTICE OF RIGHTS AND PROTECTIONS; VOTER REGISTRATION LISTS.
Section 8 of the National Labor Relations Act (29 U.S.C. 158), as
amended by section 202(e), is further amended by adding at the end the
following:
``(k)(1) The Board shall promulgate regulations requiring each
employer to post and maintain, in conspicuous places where notices to
employees and applicants for employment are customarily posted both
physically and electronically, a notice setting forth the rights and
protections afforded to employees under this Act, which shall include
the right and process to rescind the authority of a labor organization
under section 9(e), an explanation that any employee in a collective
bargaining unit may be exempt from the activities of the labor
organization, and that any fees collected by such labor organization
may not be used for political activities, and with respect to a State
or Territory in which membership in a labor organization may not be a
condition of employment, an employee may opt out of any such fees, and
with respect to a State or Territory in which such membership may be a
condition of employment, such fees may only be used by the labor
organization for collective bargaining and representational activities.
``(2) Whenever the Board directs an election under section 9(c) or
approves an election agreement, the employer of employees in the
bargaining unit shall, not later than two business days after the Board
directs such election or approves such election agreement, provide a
voter list to a labor organization that has petitioned to represent
such employees. Such voter list shall include the names of all
employees in the bargaining unit and not more than one additional form
of personal contact information for the employee (such as a telephone
number, an email address, or a mailing address) chosen by the employee
in writing. The voter list shall be provided in a searchable electronic
format generally approved by the Board unless the employer certifies
that the employer does not possess the capacity to produce the list in
the required form. Not later than nine months after the date of
enactment of the Employee Rights Act, the Board shall promulgate
regulations implementing the requirements of this paragraph.
``(3) It shall be an unfair labor practice for an employer to
violate any requirement under this subsection.''.
SEC. 402. LABOR ORGANIZATION USE OF PERSONAL INFORMATION.
Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b))
is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking ``8(b).'' and inserting
``8(b); and''; and
(3) by adding at the end the following:
``(8) to fail to protect the personal information of an
employee received for an organizing drive, to use such
information for any reason other than a representation
proceeding, or to use such information after the conclusion of
a representation proceeding.''.
SEC. 403. NOTICES FOR LABOR ORGANIZATION CARDS DECLARING PURPOSE AND
DISCLOSURE OF DUES AND FEES.
Section 8 of the National Labor Relations Act (29 U.S.C. 158), as
amended by section 401, is further amended by adding at the end the
following:
``(l)(1) Labor organization authorization cards shall be
accompanied by a written notice--
``(A) specifying that such cards will be used to certify
the labor organization as the exclusive bargaining
representative of the employee; and
``(B) clarifying the rights of the employee and the total
monthly dues and fees charged by the labor organization.
``(2) A card shall not be considered valid without the written
notice required under paragraph (1).
``(3) Failure by a labor organization to comply with paragraph (1)
shall constitute an unfair labor practice.''.
<all>
|
Employee Rights Act
|
To reform the labor laws of the United States, and for other purposes.
|
Employee Rights Act
|
Rep. Allen, Rick W.
|
R
|
GA
|
11,311
| 11,619
|
H.R.4720
|
Taxation
|
Energy Sector Innovation Credit Act of 2021
This bill adds new tax credits for investment in qualified emerging technology energy property and for the production of electricity from emerging energy technology. The bill defines qualified emerging energy property as property that is constructed, reconstructed, erected, or acquired by the taxpayer and is (1) a facility for the production of electricity from emerging energy technology, (2) carbon capture equipment, or (3) energy storage technology.
The bill also adds a new tax credit for the production of electricity from clean hydrogen. The bill defines clean hydrogen as hydrogen that is produced through a production method for which the rate of the greenhouse gas emission is greater than zero and not greater that 2,500g CO2-e per kilogram of hydrogen produced, or is equal to or less than zero.
|
To amend the Internal Revenue Code of 1986 to provide investment and
production tax credits for emerging energy technologies, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Sector Innovation Credit Act
of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Promising energy resources with zero or very low market
penetration often face significant incumbency disadvantages as
they establish a foothold, including suboptimal resource
location relative to existing grid infrastructure and the lack
of economies of scale.
(2) Energy sector innovation can confer numerous benefits
to jobs and the economy, the environment and climate, and the
general social welfare.
(3) Energy sector innovation can come in numerous forms,
not all of which are readily quantifiable, including--
(A) diversifying and increasing the Nation's energy
generation portfolio and energy security,
(B) improving the dispatchability and reliability
of energy generation, and
(C) improving energy efficiency, emissions
reductions, or other markers of performance.
SEC. 3. INVESTMENT CREDIT FOR EMERGING ENERGY TECHNOLOGY.
(a) In General.--Subpart E of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 48C the following new section:
``SEC. 48D. EMERGING ENERGY TECHNOLOGY CREDIT.
``(a) Establishment of Credit.--For purposes of section 46, the
emerging energy technology credit for any taxable year is an amount
equal to the applicable percentage (as determined under subsection (c))
of the basis of any qualified emerging energy property placed in
service by the taxpayer during such taxable year.
``(b) Qualified Emerging Energy Property.--
``(1) In general.--The term `qualified emerging energy
property' means property which is constructed, reconstructed,
erected, or acquired by the taxpayer, and the original use of
which commences with the taxpayer, which is--
``(A) a qualified production facility (as defined
in section 45U(d)),
``(B) carbon capture equipment, or
``(C) energy storage technology.
``(2) Carbon capture equipment.--
``(A) In general.--For purposes of this section,
the term `carbon capture equipment' means property
which contains equipment that can separate and capture
qualified carbon oxide (as defined in section 45Q(c))
and is placed in service at, and used in connection
with, a facility--
``(i) which satisfies the requirements
under section 45Q(d)(2), and
``(ii) which is--
``(I) an electric generating
facility which--
``(aa) was originally
placed in service before such
property, and
``(bb) is a point source of
air pollutants,
``(II) a manufacturing or
industrial facility--
``(aa) which was originally
placed in service before such
property,
``(bb) which is a point
source of air pollutants, and
``(cc) for which such
property is primarily used to
capture qualified carbon oxide
(as defined in section 45Q(c))
which would otherwise be
released into the atmosphere as
a result of--
``(AA) the
production of ammonia,
helium, or ethanol at
such facility, or
``(BB) the
processing of natural
gas at such facility,
or
``(III) a manufacturing or
industrial facility described in
subclause (II) for which item (cc) of
such subclause does not apply.
``(B) Direct air capture.--
``(i) In general.--For purposes of this
section, the term `carbon capture equipment'
shall include any direct air capture facility
which can capture not less than 5,000 metric
tons of qualified carbon oxide (as defined in
section 45Q(c)) annually.
``(ii) Direct air capture facility.--The
term `direct air capture facility' has the same
meaning given such term under section 45Q(e)(1)
(as in effect on the date of enactment of this
section).
``(C) Rules regarding capture of carbon oxide.--
With respect to any qualified carbon oxide captured
using property described in subparagraph (A) or (B),
the taxpayer shall physically or contractually ensure
the disposal, utilization, or use of such qualified
carbon oxide in a manner consistent with the
requirements under section 45Q.
``(3) Energy storage technology.--For purposes of this
section, the term `energy storage technology' means stationary
equipment which--
``(A) is capable of absorbing energy, storing
energy for a period of time, and dispatching the stored
energy using batteries, compressed air, pumped
hydropower, thermal energy storage, liquid air,
regenerative fuel cells, flywheels, capacitors,
superconducting magnets, stacked objects, or other
technologies identified by the Secretary, in
consultation with the Secretary of Energy, and
``(B) has a capacity of not less than 1 megawatt.
``(4) Application with other credits.--
``(A) In general.--The term `qualified emerging
energy property' shall not include any property for
which, for the taxable year or any prior taxable year--
``(i) electricity produced from such
property is taken into account for purposes of
the credit allowed under section 45, 45J, or
45U,
``(ii) qualified carbon oxide captured by
such property is taken into account for
purposes of the credit allowed under section
45Q,
``(iii) the basis of such property is taken
into account for purposes of the credit allowed
under section 48, 48A, 48B, or 48C, or
``(iv) hydrogen produced from such property
is taken into account for purposes of the
credit allowed under section 45V.
``(B) Denial of double benefit.--With respect to
any section described in clause (i), (ii), (iii), or
(iv) of subparagraph (A), no credit shall be allowed
under such section for any taxable year with respect to
any property for which a credit is allowed under this
section for such taxable year or any prior taxable
year.
``(C) Additional rule.--Subparagraphs (A)(ii) and
(B) shall not apply for purposes of the credit allowed
under this section or section 45Q with respect to any
qualified carbon oxide captured using property
described in subparagraph (A) or (B) of paragraph (2)
if such carbon oxide is disposed of in a manner
consistent with section 45Q(a)(3)(B).
``(c) Applicable Percentages.--
``(1) Qualified production facilities.--In the case of any
qualified production facility which satisfies the requirements
for--
``(A) a tier 1 facility (as described in clause (i)
of section 45U(b)(2)(A)), the applicable percentage
shall be 40 percent,
``(B) a tier 2 facility (as described in clause
(ii) of such section), the applicable percentage shall
be 30 percent,
``(C) a tier 3 facility (as described in clause
(iii) of such section), the applicable percentage shall
be 20 percent, and
``(D) a tier 4 facility (as described in clause
(iv) of such section), the applicable percentage shall
be 10 percent.
``(2) Carbon capture equipment.--
``(A) In general.--With respect to carbon capture
equipment, the applicable percentage shall be--
``(i) in the case of tier 1 equipment, 40
percent,
``(ii) in the case of tier 2 equipment, 30
percent,
``(iii) in the case of tier 3 equipment, 20
percent,
``(iv) in the case of tier 4 equipment, 10
percent, and
``(v) in the case of any other such
equipment, zero percent.
``(B) Equipment tiers.--
``(i) In general.--For purposes of this
paragraph--
``(I) Tier 1 equipment.--The term
`tier 1 equipment' means any carbon
capture equipment for which the market
penetration level for the calendar year
preceding the calendar year in which
construction of such equipment began is
less than 0.75 percent.
``(II) Tier 2 equipment.--The term
`tier 2 equipment' has the same meaning
given the term `tier 1 equipment' under
subclause (I), except that `at least
0.75 percent but less than 1.5 percent'
shall be substituted for `less than
0.75 percent'.
``(III) Tier 3 equipment.--The term
`tier 3 equipment' has the same meaning
given the term `tier 1 equipment' under
subclause (I), except that `at least
1.5 percent but less than 2.25 percent'
shall be substituted for `less than
0.75 percent'.
``(IV) Tier 4 equipment.--The term
`tier 4 equipment' has the same meaning
given the term `tier 1 equipment' under
subclause (I), except that `at least
2.25 percent but less than 3 percent'
shall be substituted for `less than
0.75 percent'.
``(ii) Market penetration level.--For
purposes of this subparagraph, the term `market
penetration level' means, with respect to any
calendar year, the amount equal to the greater
of--
``(I) the amount (expressed as a
percentage) equal to the quotient of--
``(aa) the total amount
(expressed in metric tons) of
carbon oxide captured and
disposed of, used, or utilized
in a manner consistent with the
requirements under section 45Q
by carbon capture equipment
within the United States during
such calendar year (as
determined by the Secretary on
the basis of data reported by
the Energy Information
Administration and the
Environmental Protection
Agency), divided by
``(bb) the total amount of
greenhouse gas emissions in the
United States (expressed in
metric tons of CO2-e) during
the most recent calendar year
ending prior to the date of
enactment of this section for
which such data is available to
the Administrator of the
Environmental Protection
Agency, or
``(II) the amount determined under
this clause for the preceding calendar
year.
``(C) Division of equipment for purposes of
determining tier.--For purposes of determining the
applicable tier for any carbon capture equipment under
subparagraph (B), such subparagraph shall be applied
separately (and the total amount of carbon oxide
captured by such equipment shall be determined
separately) with respect to--
``(i) any such equipment described in
subclause (I) of subsection (b)(2)(A)(ii),
``(ii) any such equipment described in
subclause (II) of such subsection,
``(iii) any such equipment described in
subclause (III) of such subsection, and
``(iv) any such equipment described in
subparagraph (B) of subsection (b)(2).
``(D) Determination of tier.--For purposes of this
paragraph, the determination as to whether any carbon
capture equipment qualifies as a tier 1, 2, 3, or 4
equipment shall be made--
``(i) during the year in which construction
of such equipment begins (as determined under
rules similar to the rules in section 45U(e)),
and
``(ii) based on the determinations included
in the report described in section
45U(b)(2)(D)(i)(II) with respect to such
calendar year.
``(E) Reporting.--The Secretary shall, as part of
the reports published pursuant to section
45U(b)(2)(D)(i) and in the same manner as described
under such section, publish the applicable market
penetration level and tier for any carbon capture
equipment (as determined separately for such equipment
pursuant to subparagraph (C)).
``(3) Energy storage technology.--
``(A) In general.--With respect to energy storage
technology, the applicable percentage shall be--
``(i) in the case of tier 1 technology, 40
percent,
``(ii) in the case of tier 2 technology, 30
percent,
``(iii) in the case of tier 3 technology,
20 percent,
``(iv) in the case of tier 4 technology, 10
percent, and
``(v) in the case of any other such
technology, zero percent.
``(B) Technology tiers.--
``(i) In general.--For purposes of this
paragraph--
``(I) Tier 1 technology.--The term
`tier 1 technology' means any energy
storage technology for which the market
penetration level for the calendar year
preceding the calendar year in which
construction of such technology began
is less than 0.75 percent.
``(II) Tier 2 technology.--The term
`tier 2 technology' has the same
meaning given the term `tier 1
technology' under subclause (I), except
that `at least 0.75 percent but less
than 1.5 percent' shall be substituted
for `less than 0.75 percent'.
``(III) Tier 3 technology.--The
term `tier 3 technology' has the same
meaning given the term `tier 1
technology' under subclause (I), except
that `at least 1.5 percent but less
than 2.25 percent' shall be substituted
for `less than 0.75 percent'.
``(IV) Tier 4 technology.--The term
`tier 4 technology' has the same
meaning given the term `tier 1
technology' under subclause (I), except
that `at least 2.25 percent but less
than 3 percent' shall be substituted
for `less than 0.75 percent'.
``(ii) Market penetration level.--For
purposes of this subparagraph, the term `market
penetration level' means, with respect to any
calendar year, the amount equal to the greater
of--
``(I) the amount (expressed as a
percentage) equal to the quotient of--
``(aa) the total nameplate
capacity (expressed in
megawatts) of energy storage
technology in operation within
the United States at the
beginning of such calendar year
(as determined by the Secretary
on the basis of data reported
by the Energy Information
Administration), divided by
``(bb) the total domestic
electricity production
nameplate capacity (expressed
in megawatts) at the close of
such year, or
``(II) the amount determined under
this clause for the preceding calendar
year.
``(C) Division of technology for purposes of
determining tier.--
``(i) In general.--For purposes of
determining the applicable tier for any energy
storage technology under subparagraph (B), such
subparagraph shall be applied separately (and
the total capacity of such technology shall be
determined separately) with respect to--
``(I) any such technology which is
lithium-ion based,
``(II) any such technology which
uses pumped hydropower,
``(III) any such technology which--
``(aa) is not described in
subclause (I) or (II), and
``(bb) is classified as
short-duration storage under
clause (ii), and
``(IV) any such technology which--
``(aa) is not described in
subclause (I) or (II), and
``(bb) is classified as
long-duration storage under
clause (ii).
``(ii) Classification.--The Secretary of
Energy (in consultation with the Secretary)
shall issue such regulations or other guidance
as the Secretary of Energy determines necessary
or appropriate to define the terms `short-
duration storage' and `long-duration storage'
for purposes of classifying energy storage
technology under clause (i).
``(D) Determination of tier.--For purposes of this
paragraph, the determination as to whether any energy
storage technology qualifies as a tier 1, 2, 3, or 4
technology shall be made--
``(i) during the year in which construction
of such technology begins (as determined under
rules similar to the rules in section 45U(e)),
and
``(ii) based on the determinations included
in the report described in section
45U(b)(2)(D)(i)(II) with respect to such
calendar year.
``(E) Reporting.--The Secretary shall, as part of
the reports published pursuant to section
45U(b)(2)(D)(i) and in the same manner as described
under such section, publish the applicable market
penetration level and tier for any energy storage
technology (as determined separately for such
technology pursuant to subparagraph (C)).
``(d) Special Rules.--
``(1) Certain qualified progress expenditure rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(2) Transfer of credit.--
``(A) In general.--If, with respect to a credit
allowed under subsection (a) for any taxable year, the
taxpayer elects the application of this paragraph for
such taxable year with respect to all (or any portion
specified in such election) of such credit, the
eligible project partner specified in such election,
and not the taxpayer, shall be treated as the taxpayer
for purposes of this title with respect to such credit
(or such portion thereof).
``(B) Eligible project partner.--
``(i) In general.--For purposes of this
paragraph, the term `eligible project partner'
means, with respect to any qualified emerging
energy property, any person who--
``(I) has an ownership interest in
such property,
``(II) provided equipment for or
services in the construction of such
property,
``(III) provides electric
transmission or distribution services
for such property,
``(IV) purchases electricity from
such property pursuant to a contract,
or
``(V) provides financing for such
property.
``(ii) Financing.--For purposes of clause
(i)(V), any amount paid as consideration for a
transfer described in subparagraph (A) shall
not be treated as financing for qualified
emerging energy property.
``(C) Deduction for payments in connection with
transfer.--A deduction under part VI of subchapter B
shall be allowed in an amount equal to the amount paid
by the taxpayer as consideration for a transfer
described in subparagraph (A).
``(D) Taxable year in which credit taken into
account.--In the case of any credit (or portion
thereof) with respect to which an election is made
under subparagraph (A), such credit shall be taken into
account in the first taxable year of the eligible
project partner ending with, or after, the electing
taxpayer's taxable year with respect to which the
credit was determined.
``(E) Limitations on election.--
``(i) Time for election.--An election under
this paragraph to transfer any portion of the
credit allowed under subsection (a) shall be
made not later than the due date for the return
of tax for the electing taxpayer's taxable year
with respect to which the credit was
determined.
``(ii) No further transfers.--No election
may be made under this paragraph by a taxpayer
with respect to any portion of the credit
allowed under subsection (a) which has been
previously transferred to such taxpayer under
this paragraph.
``(F) Treatment of transfer under private use
rules.--For purposes of section 141(b)(1), any benefit
derived by an eligible project partner in connection
with an election under this paragraph shall not be
taken into account as a private business use.
``(G) Special rules for public property.--
``(i) In general.--If, with respect to a
credit under subsection (a) for any taxable
year--
``(I) a qualified public entity
would be the taxpayer (but for this
subparagraph), and
``(II) such entity elects the
application of subparagraph (A) for
such taxable year with respect to all
(or any portion specified in such
election) of such credit,
the eligible project partner specified in such
election, and not the qualified public entity,
shall be treated as the taxpayer for purposes
of this title with respect to such credit (or
such portion thereof).
``(ii) Qualified public entity.--For
purposes of this subparagraph, the term
`qualified public entity' means--
``(I) any State or local
government, or a political subdivision
thereof, or
``(II) an Indian tribal government.
``(H) Property used by certain tax-exempt
organizations and governmental units.--In the case of a
taxpayer making an election under this paragraph, the
credit subject to such an election shall be determined
notwithstanding--
``(i) section 50(b)(3), and
``(ii) in the case of any entity described
in section 50(b)(4)(A)(i), section 50(b)(4).
``(I) Additional election requirements.--The
Secretary may prescribe such regulations as may be
appropriate to carry out the purposes of this
paragraph, including--
``(i) rules for determining which persons
are eligible project partners with respect to
any qualified emerging energy property, and
``(ii) requiring information to be included
in an election under subparagraph (A) or
imposing additional reporting requirements.
``(e) Regulations.--The Secretary (in consultation with the
Secretary of Energy and the Administrator of the Environmental
Protection Agency) shall issue such regulations or other guidance as
the Secretary determines necessary or appropriate to carry out the
purposes of this section, including rules for reporting--
``(1) for purposes of paragraph (2)(B)(ii) of subsection
(c), the amount of carbon oxide captured by carbon capture
equipment, and
``(2) for purposes of paragraph (3)(B)(ii) of such
subsection, the capacity of energy storage technology.''.
(b) Special Rule for Proceeds of Transfers for Mutual or
Cooperative Electric Companies.--Section 501(c)(12)(I) of such Code is
amended by inserting ``or 48D(d)(2)'' after ``section 45J(e)(1)''.
(c) Conforming Amendments.--
(1) Section 46 of such Code is amended by striking ``and''
at the end of paragraph (5), by striking the period at the end
of paragraph (6) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(7) the emerging energy technology credit.''.
(2) Section 49(a)(1)(C) of such Code is amended by striking
``and'' at the end of clause (iv), by striking the period at
the end of clause (v) and inserting ``, and'', and by adding at
the end the following new clause:
``(vi) the basis of any qualified emerging
energy property (as defined in section
48D(b)(1)).''.
(3) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 48C the following new item:
``Sec. 48D. Emerging energy technology credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
the date of the enactment of this Act, under rules similar to the rules
of section 48(m) of the Internal Revenue Code of 1986 (as in effect on
the day before the date of the enactment of the Revenue Reconciliation
Act of 1990).
SEC. 4. PRODUCTION CREDIT FOR EMERGING ENERGY TECHNOLOGY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45U. ELECTRICITY PRODUCED FROM EMERGING ENERGY TECHNOLOGY.
``(a) General Rule.--For purposes of section 38, the emerging
energy technology production credit determined under this section for
any taxable year beginning in the credit period with respect to a
qualified production facility of the taxpayer is an amount equal to the
applicable percentage of the lesser of--
``(1) the annual gross receipts of the taxpayer from the
sale of electricity generated at the qualified production
facility to an unrelated person (within the meaning of section
45(e)(4)) during such taxable year, or
``(2) the product of--
``(A) 150 percent of the national average wholesale
price of a kilowatt hour of electricity in the calendar
year which began 2 years prior to the calendar year in
which such taxable year begins, multiplied by
``(B) the number of kilowatt hours of electricity
produced at the qualified production facility and sold
to an unrelated person (within the meaning of section
45(e)(4)) during such taxable year.
``(b) Applicable Percentage.--
``(1) In general.--For purposes of subsection (a), the
applicable percentage is--
``(A) in the case of a tier 1 facility, 60 percent,
``(B) in the case of a tier 2 facility, 45 percent,
``(C) in the case of a tier 3 facility, 30 percent,
``(D) in the case of a tier 4 facility, 15 percent,
and
``(E) in the case of any other facility, zero
percent.
``(2) Facility tiers.--
``(A) In general.--For purposes of this section--
``(i) Tier 1 facility.--The term `tier 1
facility' means any qualified production
facility which generates electricity from an
individual energy production technology--
``(I) described in subsection
(d)(2)(A), and
``(II) for which the market
penetration level for the calendar year
preceding the calendar year in which
construction of such facility began is
less than 0.75 percent.
``(ii) Tier 2 facility.--The term `tier 2
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 0.75 percent but less than 1.5
percent' shall be substituted for `less than
0.75 percent'.
``(iii) Tier 3 facility.--The term `tier 3
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 1.5 percent but less than 2.25
percent' shall be substituted for `less than
0.75 percent'.
``(iv) Tier 4 facility.--The term `tier 4
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 2.25 percent but less than 3 percent'
shall be substituted for `less than 0.75
percent'.
``(B) Market penetration level.--For purposes of
this paragraph, the term `market penetration level'
means, with respect to any calendar year, the amount
equal to the greater of--
``(i) the amount (expressed as a
percentage) equal to the quotient of--
``(I) the sum of all electricity
produced (expressed in terawatt hours)
from the individual energy production
technology by all qualified production
facilities (as defined in subsection
(d)(1), except that subparagraph (D) of
such subsection shall not apply) during
such calendar year (as determined by
the Secretary on the basis of data
reported by the Energy Information
Administration), divided by
``(II) the total domestic power
sector electricity production
(expressed in terawatt hours) for such
calendar year, or
``(ii) the amount determined under this
subparagraph for the preceding calendar year.
``(C) Construction begins.--For purposes of this
subsection and section 48D, the determination as to
whether a facility qualifies as a tier 1, 2, 3, or 4
facility shall be--
``(i) made during the calendar year in
which construction of such facility begins,
``(ii) based on the determinations included
in the report described in subparagraph
(D)(i)(II) with respect to such calendar year,
and
``(iii) contingent on the taxpayer
maintaining a continuous program of
construction or continuous efforts to advance
towards completion of the facility.
``(D) Guidance and reports.--
``(i) Reports.--
``(I) Estimates.--During the month
of December of the calendar year which
includes the date of enactment of this
section, and during the month of
December of each subsequent year, the
Secretary of Energy (in consultation
with the Secretary) shall publish an
annual report which contains estimates
with respect to the applicable market
penetration level and tier for each
individual energy production technology
described in subsection (d)(2)(A) which
has been used to generate electricity
by any qualified production facility
(as defined in subsection (d)(1),
except that subparagraph (D) of such
subsection shall not apply) during such
calendar year.
``(II) Final report.--During the
month of February of each calendar year
beginning after the date of enactment
of this section, the Secretary of
Energy (in consultation with the
Secretary) shall publish an annual
report which provides the final
determination with respect to the
applicable market penetration level and
tier for each individual energy
production technology described in
subsection (d)(2)(A) which has been
used to generate electricity by any
qualified production facility (as
defined in subsection (d)(1), except
that subparagraph (D) of such
subsection shall not apply) during the
preceding calendar year.
``(III) Previous years.--In the
case of a facility which began
construction during a calendar year
preceding the calendar year which
includes the date of enactment of this
section, for purposes of determining
whether such facility qualifies as a
tier 1, 2, 3, or 4 facility under
subparagraph (C), the Secretary of
Energy (in consultation with the
Secretary) shall include, as part of
the first report described in subclause
(II) which is published after the date
of enactment of this section, the final
determination with respect to the
applicable market penetration level and
tier for each individual energy
production technology described in
subsection (d)(2)(A) which has been
used to generate electricity by any
qualified production facility (as
defined in subsection (d)(1), except
that subparagraph (D) of such
subsection shall not apply) during such
preceding calendar years as are
determined by the Secretary to be
relevant for purposes of the
administration of this section.
``(ii) Classification of energy production
technology.--The Secretary of Energy (in
consultation with the Secretary) shall issue
such regulations or other guidance (as well as
any subsequent updates to such regulations or
guidance) as the Secretary of Energy determines
necessary or appropriate to ensure that any
qualified production facility or technology
used for the production of electricity is
classified within a single energy production
technology for purposes of subsection (d)(2).
In the case of any technology used for the
production of electricity which may be
classified within 2 or more different
categories of energy production technology
under such subsection, the Secretary of Energy
shall make the determination as to the correct
category with respect to such technology as
rapidly as possible, with such determinations
to be included in any report described in
clause (i).
``(iii) National average wholesale price.--
For purposes of determining the amount
applicable under subsection (a)(2)(A) with
respect to any calendar year, the Secretary of
Energy (in consultation with the Secretary)
shall include in any report described in clause
(i) a determination with respect to the
national average wholesale price of a kilowatt
hour of electricity during such calendar year.
``(c) Credit Period.--For purposes of this section, the credit
period with respect to any qualified production facility is the 10-year
period beginning with the date the facility was originally placed in
service.
``(d) Qualified Production Facility.--
``(1) In general.--For purposes of this section, the term
`qualified production facility' means any electric generating
facility which--
``(A) is located in the United States or a
possession of the United States (as such terms are used
in section 638),
``(B) generates electricity using energy production
technology,
``(C) produces such electricity with an emissions
rate less than 100g CO2-e per kWh, and
``(D) is placed in service after the date of
enactment of this section.
``(2) Energy production technology.--
``(A) In general.--For purposes of paragraph (1),
each of the following shall be treated as an individual
energy production technology:
``(i) Traditional nuclear fission.
``(ii) Light water reactor-based advanced
nuclear fission.
``(iii) Non-light water reactor-based
advanced nuclear fission.
``(iv) Nuclear fusion.
``(v) Concentrating solar thermal power.
``(vi) Silicon photovoltaic.
``(vii) Cadmium telluride and copper indium
gallium selenide solar.
``(viii) Emerging photovoltaics.
``(ix) Enhanced geothermal.
``(x) Hydrothermal.
``(xi) Marine energy.
``(xii) Fixed bottom offshore wind.
``(xiii) Floating offshore wind.
``(xiv) Traditional onshore wind.
``(xv) New onshore wind.
``(xvi) Coal.
``(xvii) Natural gas.
``(xviii) Petroleum.
``(xix) Open-loop biomass.
``(xx) Closed-loop biomass.
``(xxi) Hydropower.
``(B) Additional specifications.--
``(i) Nuclear fission.--
``(I) Traditional nuclear
fission.--For purposes of clause (i) of
subparagraph (A), the term `traditional
nuclear fission' means any nuclear
fission which is not described in
subclause (II) or (III).
``(II) Light water reactor-based
advanced nuclear fission.--For purposes
of clause (ii) of such subparagraph,
the term `light water reactor-based
advanced nuclear fission' shall include
small modular light water reactors.
``(III) Non-light water reactor-
based advanced nuclear fission.--For
purposes of clause (iii) of such
subparagraph, the term `non-light water
reactor-based advanced nuclear fission'
means any advanced nuclear fission
which is not included under clause (ii)
of such subparagraph.
``(ii) Nuclear fusion.--For purposes of
clause (iv) of subparagraph (A), only nuclear
fusion for which net power is produced from the
fusion reaction shall be included.
``(iii) Emerging photovoltaics.--For
purposes of clause (viii) of such subparagraph,
the term `emerging photovoltaics' includes
perovskite-based and perovskite-enhanced solar,
quantum dots, organic photovoltaics, multi-
junction tandem devices, and any photovoltaic
solar technology not included under clause
(vii) of such subparagraph.
``(iv) Marine energy.--For purposes of
clause (xi) of such subparagraph, the term
`marine energy' has the same meaning given such
term under section 632 of the Energy
Independence and Security Act of 2007 (42
U.S.C. 17211).
``(v) Traditional onshore wind.--For
purposes of clause (xiv) of subparagraph (A),
the term `traditional onshore wind' means any
energy production technology of a design which
is the same as or substantially similar to wind
technology that has achieved megawatt scale or
larger deployment in the United States as of
the date of enactment of this section.
``(vi) New onshore wind.--For purposes of
clause (xv) of such subparagraph, the term `new
onshore wind' means any energy production
technology which is not included in clause
(xiv) of such subparagraph.
``(vii) Open-loop biomass.--For purposes of
clause (xix) of such subparagraph, the term
`open-loop biomass' has the same meaning given
such term under section 45(c)(3).
``(viii) Closed-loop biomass.--For purposes
of clause (xx) of such subparagraph, the term
`closed-loop biomass' has the same meaning
given such term under section 45(c)(2).
``(3) Emissions rate.--
``(A) Exclusions.--For purposes of paragraph
(1)(C), the emissions rate shall not include--
``(i) any emissions which are captured
using carbon capture equipment, provided that
any carbon oxide captured using such equipment
is disposed of, used, or utilized in a manner
consistent with the requirements under section
45Q, or
``(ii) in the case of electricity generated
from any fossil fuel, any upstream or fugitive
emissions, such as emissions related to the
extraction, transportation, storage of such
fuel.
``(B) Lifecycle analysis.--For purposes of
paragraph (1)(C), in the case of any facility which
generates electricity through combustion of a non-
fossil fuel, the emissions rate shall be determined
based on a lifecycle analysis.
``(4) Application with other credits.--
``(A) In general.--The term `qualified production
facility' shall not include any facility for which, for
the taxable year or any prior taxable year--
``(i) electricity produced from such
facility is taken into account for purposes of
the credit allowed under section 45 or 45J,
``(ii) qualified carbon oxide captured by
such facility is taken into account for
purposes of the credit allowed under section
45Q,
``(iii) the basis of any property which is
part of such facility is taken into account for
purposes of the credit allowed under section
48, 48A, 48B, 48C, or 48D, or
``(iv) hydrogen produced from such facility
is taken into account for purposes of the
credit allowed under section 45V.
``(B) Denial of double benefit.--With respect to
any section described in clause (i), (ii), (iii), or
(iv) of subparagraph (A), no credit shall be allowed
under such section for any taxable year with respect to
any property for which a credit is allowed under this
section for such taxable year or any prior taxable
year.
``(5) CO2-e.--In this section, the term `CO2-e' means the
quantity of a greenhouse gas that has a global warming
potential equivalent to 1 metric ton of carbon dioxide, as
determined under table A-1 of subpart A of part 98 of title 40,
Code of Federal Regulations, as in effect on the date of
enactment of this section.
``(e) Determination of When Construction Begins; Continuous Program
of Construction or Continuity of Effort.--
``(1) In general.--For purposes of this section,
construction of a facility begins when--
``(A) physical work of a significant nature begins,
or
``(B) during the year in which the taxpayer begins
physical work, a facility has invested not less than--
``(i) 2 percent of construction costs, or
``(ii) $50,000,000.
``(2) Work performed.--For purposes of paragraph (1), any
work performed--
``(A) by the taxpayer, or
``(B) for the taxpayer by other persons under a
binding written contract which is entered into prior to
the manufacture, construction, or production of the
property for use by the taxpayer in the taxpayer's
trade or business (or for the taxpayer's production of
income),
shall be taken into account in determining whether construction
has begun.
``(3) Continuous program of construction.--For purposes of
this section, the term `continuous program of construction'
means continuing physical work of a significant nature, as
determined by the Secretary based upon relevant facts and
circumstances.
``(4) Continuous efforts.--For purposes of this section,
the term `continuous efforts' means making continuous efforts
towards completion of the facility, as determined by the
Secretary based upon relevant facts and circumstances.
``(f) Transfer of Credit.--Rules similar to the rules of subsection
(d)(2) of section 48D shall apply for purposes of this section.
``(g) Regulations.--Not later than 18 months after the date of the
enactment of this section, the Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this section.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (32), by striking the period at the
end of paragraph (33) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(34) the emerging energy technology production credit
determined under section 45U(a).''.
(c) Special Rule for Proceeds of Transfers for Mutual or
Cooperative Electric Companies.--Section 501(c)(12)(I) of such Code, as
amended by section 3(b), is amended by striking ``or 48D(d)(2)'' and
inserting ``, 45U(f), or 48D(d)(2)''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45U. Electricity produced from emerging energy technology.''.
(e) Effective Date.--The amendments made by this section shall
apply to electricity produced and sold in taxable years beginning after
the date of the enactment of this Act.
SEC. 5. CLEAN HYDROGEN PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986, as amended by section 4, is
amended by adding at the end the following new section:
``SEC. 45V. CLEAN HYDROGEN PRODUCTION.
``(a) General Rule.--
``(1) Amount of credit.--For purposes of section 38, the
clean hydrogen production credit determined under this section
for any taxable year beginning in the credit period with
respect to a qualified hydrogen production facility of the
taxpayer is an amount equal to the product of--
``(A) the applicable percentage of an amount equal
to 250 percent of the national average wholesale price
of a kilogram of hydrogen in the calendar year which
began 2 years prior to the calendar year in which such
taxable year begins, and
``(B) subject to paragraph (2), the amount of clean
hydrogen produced at the qualified hydrogen production
facility during such taxable year.
``(2) Increase for zero-emissions hydrogen.--In the case of
any clean hydrogen described in subsection (d)(1)(A)(ii), the
amount determined under paragraph (1)(B) with respect to such
clean hydrogen shall be equal to twice the amount otherwise
determined under such paragraph.
``(b) Applicable Percentage.--
``(1) In general.--For purposes of subsection (a)(1)(A),
the applicable percentage is--
``(A) in the case of a tier 1 facility, 60 percent,
``(B) in the case of a tier 2 facility, 45 percent,
``(C) in the case of a tier 3 facility, 30 percent,
``(D) in the case of a tier 4 facility, 15 percent,
and
``(E) in the case of any other facility, zero
percent.
``(2) Facility tiers.--
``(A) In general.--For purposes of this
subsection--
``(i) Tier 1 facility.--The term `tier 1
facility' means any qualified hydrogen
production facility which produces clean
hydrogen from a qualified production method for
which the market penetration level for the
calendar year preceding the calendar year in
which construction or modification of such
facility began is less than 0.75 percent.
``(ii) Tier 2 facility.--The term `tier 2
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 0.75 percent but less than 1.5
percent' shall be substituted for `less than
0.75 percent'.
``(iii) Tier 3 facility.--The term `tier 3
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 1.5 percent but less than 2.25
percent' shall be substituted for `less than
0.75 percent'.
``(iv) Tier 4 facility.--The term `tier 4
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 2.25 percent but less than 3 percent'
shall be substituted for `less than 0.75
percent'.
``(B) Market penetration level.--For purposes of
this paragraph, the term `market penetration level'
means, with respect to any calendar year, the amount
equal to the greater of--
``(i) the amount (expressed as a
percentage) equal to the quotient of--
``(I) subject to subsection
(d)(1)(C), the total energy content
(expressed in megawatt hours) of all
clean hydrogen produced using the
qualified production method by all
qualified hydrogen production
facilities (as defined in subsection
(d)(2)(A), except that clause (iii) of
such subsection shall not apply) during
such calendar year (as determined by
the Secretary on the basis of data
reported by the Energy Information
Administration), divided by
``(II) the total domestic power
sector electricity production
(expressed in megawatt hours) for such
calendar year, or
``(ii) the amount determined under this
subparagraph for the preceding calendar year.
``(C) Division of production methods for purposes
of determining tier.--For purposes of determining the
applicable tier for any qualified production method
under subparagraph (B), such subparagraph shall be
applied separately with respect to--
``(i) any such method described in
subparagraph (A) of subsection (d)(3), and
``(ii) any such method described in
subparagraph (B) of such subsection.
``(D) Construction begins.--For purposes of this
subsection, the determination as to whether a facility
qualifies as a tier 1, 2, 3, or 4 facility shall be--
``(i) made during the year in which
construction or modification of such facility
begins,
``(ii) based on the determinations included
in the report described in section
45U(b)(2)(D)(i)(II) with respect to such
calendar year, and
``(iii) contingent on the taxpayer
maintaining a continuous program of
construction or continuous efforts to advance
towards completion of the facility.
``(E) Reports.--
``(i) In general.--The Secretary shall, as
part of the reports published pursuant to
section 45U(b)(2)(D)(i) and in the same manner
as described under such section, publish the
applicable market penetration level and tier
for each qualified production method which has
been used to produce clean hydrogen by any
qualified hydrogen production facility (as
defined in subsection (d)(2)(A), except that
clause (iii) of such subsection shall not
apply).
``(ii) National average wholesale price.--
For purposes of determining the amount
applicable under subsection (a)(1)(A) with
respect to any calendar year, the Secretary of
Energy (in consultation with the Secretary)
shall include in any report described in
section 45U(b)(2)(D)(i) a determination with
respect to the national average wholesale price
of a kilogram of hydrogen during such calendar
year.
``(c) Credit Period.--For purposes of this section, the credit
period with respect to any qualified hydrogen production facility is--
``(1) in the case of a facility described in subclause (I)
of subsection (d)(2)(A)(iii), the 10-year period beginning with
the date the facility was originally placed in service, or
``(2) in the case of a facility described in subclause (II)
of such subsection, the 10-year period beginning with the date
that the property required to modify such facility is placed in
service.
``(d) Definitions.--In this section--
``(1) Clean hydrogen.--
``(A) In general.--The term `clean hydrogen' means
hydrogen which, as determined based on a lifecycle
analysis, is produced through a qualified production
method for which the rate of the greenhouse gas
emissions--
``(i) is greater than zero and not greater
than 2,500g CO2-e (as defined in section
45U(d)(5)) per kilogram of hydrogen produced,
or
``(ii) is equal to or less than zero.
``(B) Special rules.--
``(i) Emissions from generation of
electricity.--In the case of any hydrogen
produced from a qualified production method
described in paragraph (3)(A)--
``(I) if such method uses
electricity generated from a renewable
energy resource (as defined in section
403 of the Renewable Energy Resources
Act of 1980 (42 U.S.C. 7372)) or
nuclear power, such hydrogen shall be
deemed to be clean hydrogen described
in subparagraph (A)(ii), or
``(II) if such method uses
electricity generated from a source
that emits greenhouse gases during
production, any such emissions which
are released into the atmosphere during
such production shall be included for
purposes of determining the rate of the
greenhouse gas emissions under
subparagraph (A).
``(ii) Non-electrolysis or use of fossil
fuels.--In the case of any hydrogen produced--
``(I) through the use of fossil
fuels or through the use of electricity
which is generated through combustion
of a fossil fuel, or
``(II) using a method described in
paragraph (3)(B),
subparagraph (A) shall be applied with respect
to such hydrogen on the basis of a lifecycle
analysis.
``(iii) Exclusion of hydrogen emissions.--
For purposes of subparagraph (A), with respect
to hydrogen produced through a qualified
production method, any such hydrogen which is
released into the atmosphere during such
production shall not be included for purposes
of determining the rate of the greenhouse gas
emissions under such subparagraph.
``(iv) Carbon capture.--For purposes of
determining the rate of the greenhouse gas
emissions under subparagraph (A), such
subparagraph shall not apply with respect to
any qualified carbon oxide (as defined in
section 45Q(c)) captured using carbon capture
equipment if such carbon oxide is disposed of,
used, or utilized in a manner consistent with
the requirements under section 45Q.
``(v) Upstream and downstream emissions.--
``(I) In general.--In the case of
hydrogen produced using a qualified
production method described in clause
(ii), for purposes of the application
of subparagraph (A) based on a
lifecycle analysis with respect to such
method, such subparagraph shall not
apply with respect to--
``(aa) any upstream
emissions, and
``(bb) any downstream
emissions related to the
compression, liquefaction, use,
or transport of hydrogen
subsequent to production.
``(II) High-temperature
electrolysis.--For purposes of
determining the rate of the greenhouse
gas emissions under subparagraph (A)
with respect to hydrogen produced using
high-temperature electrolysis, such
subparagraph shall apply with respect
to any direct emissions resulting from
the fuel source used to create heat to
which clause (iv) does not apply.
``(III) Upstream emissions.--For
purposes of this clause, the term
`upstream emissions' means the quantity
of greenhouse gases, expressed in
metric tons of CO2-e, emitted to the
atmosphere resulting from the
extraction, processing, transportation,
financing, or other preparation of
hydrogen for use.
``(C) Energy content.--For purposes of subsection
(b)(2)(B)(i)(I), the energy content of 1 kilogram of
clean hydrogen shall be deemed to be equal to 33.6
kilowatt hours of energy.
``(2) Qualified hydrogen production facility.--
``(A) In general.--The term `qualified hydrogen
production facility' means any facility--
``(i) which is located in the United States
or a possession of the United States (as such
terms are used in section 638),
``(ii) which produces clean hydrogen using
a qualified production method, and
``(iii)(I) which is placed in service after
the date of enactment of this section, or
``(II) which--
``(aa) was originally placed in
service before the date of enactment of
this section and, prior to the
modification described in item (bb),
did not produce clean hydrogen, and
``(bb) after the date of enactment
of this section, is modified to produce
clean hydrogen, including--
``(AA) modification of a
facility which, prior to such
modification, produced hydrogen
which did not satisfy the
requirements under paragraph
(1)(A), or
``(BB) for purposes of
paragraph (1)(B)(iv),
installation of carbon capture
equipment.
``(B) Application with other credits.--
``(i) In general.--With respect to any
taxable year, the term `qualified hydrogen
production facility' shall not include--
``(I) any facility which--
``(aa) produces
electricity--
``(AA) which is
taken into account for
purposes of the credit
allowed under section
45, 45J, or 45U for
such taxable year or
any previous taxable
year, and
``(BB) which is
used by such facility
for the production of
clean hydrogen, or
``(bb) for such taxable
year or any previous taxable
year, the basis of any property
which is part of such facility
is taken into account for
purposes of the credit allowed
under section 48, 48A, 48B,
48C, or 48D,
``(II) any facility which receives
electricity--
``(aa)(AA) from another
facility for which a credit is
allowed for such taxable year
or any previous taxable year
with respect to such
electricity under section 45,
45J, or 45U, or
``(BB) from another
facility or project for which,
for such taxable year or any
previous taxable year, the
basis of any property which is
part of such facility or
project is taken into account
for purposes of the credit
allowed under section 48, 48A,
48B, 48C, or 48D, and
``(bb) which is used by
such facility for the
production of clean hydrogen,
or
``(III) any carbon capture
equipment placed in service at a
facility which is used to capture
qualified carbon oxide which is taken
into account in such taxable year or
any previous taxable year for purposes
of the credit allowed under section
45Q.
``(ii) Denial of double benefit.--With
respect to any section described in clause (I),
(II), or (III) of clause (i), no credit shall
be allowed under such section for any taxable
year with respect to any property for which a
credit is allowed under this section for such
taxable year or any prior taxable year.
``(3) Qualified production method.--The term `qualified
production method' means--
``(A) electrolysis, and
``(B) any method not described in subparagraph (A).
``(e) Transfer of Credit.--
``(1) In general.--If, with respect to a credit allowed
under subsection (a) for any taxable year, the taxpayer elects
the application of this subsection for such taxable year with
respect to all (or any portion specified in such election) of
such credit, the eligible project partner specified in such
election, and not the taxpayer, shall be treated as the
taxpayer for purposes of this title with respect to such credit
(or such portion thereof).
``(2) Eligible project partner.--
``(A) In general.--For purposes of this subsection,
the term `eligible project partner' means, with respect
to any qualified hydrogen production facility, any
person who--
``(i) has an ownership interest in such
facility,
``(ii) provided equipment for or services
in the construction of such facility,
``(iii) provides electricity or feedstock
for production of hydrogen at such facility,
``(iv) purchases hydrogen, or a direct
product thereof, produced at such facility
pursuant to a contract, or
``(v) provides financing for such facility.
``(B) Financing.--For purposes of subparagraph
(A)(v), any amount paid as consideration for a transfer
described in paragraph (1) shall not be treated as
financing for a qualified hydrogen production facility.
``(C) Other rules.--Rules similar to the rules of
subparagraphs (C) through (I) of section 48D(d)(2)
shall apply for purposes of this subsection.
``(f) Determination of When Construction Begins; Continuous Program
of Construction or Continuity of Effort.--Rules similar to the rules of
section 45U(e) shall apply for purposes of this section.
``(g) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this section.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of the Internal Revenue Code of 1986, as amended by section 4(b),
is amended by striking ``plus'' at the end of paragraph (33), by
striking the period at the end of paragraph (34) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(35) the clean hydrogen production credit determined
under section 45V(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986, as amended by section 4(d), is amended by adding at the end the
following new item:
``Sec. 45V. Clean hydrogen production.''.
(d) Effective Date.--The amendments made by this section shall
apply to hydrogen produced in taxable years beginning after the date of
the enactment of this Act.
SEC. 6. REPORT ON ADDITIONAL ENERGY PRODUCTION TECHNOLOGY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and every 5 years thereafter, the Secretary of Energy
(referred to in this section as the ``Secretary'') shall submit a
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate which--
(1) identifies new and emerging energy production
technologies which--
(A) have less than 2 percent market penetration
level (as defined in subsection (b)(2)(B) of section
45U of the Internal Revenue Code of 1986 (as added by
section 4 of this Act)); and
(B) the Secretary recommends should be added to
subsection (d)(2)(A) of such section as an individual
energy production technology;
(2) includes legislative language to carry out the
recommendations described in paragraph (1)(B); and
(3) considers petitions and comments submitted under
subsection (b).
(b) Report Process.--
(1) In general.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register and on a publicly available internet website
of the Department of Energy a notice requesting members of the
public to submit to the Department of Energy during the 60-day
period beginning on the date of such publication petitions for
inclusion of any technology used for the production of
electricity as an individual energy production technology under
subsection (d)(2) of section 45U of the Internal Revenue Code
of 1986 (as added by section 4 of this Act).
(2) Content.--Each petition described in paragraph (1)
shall include the following information:
(A) The name and address of the petitioner.
(B) A description of the technology used for the
production of electricity.
(C) A certification as to whether such technology
satisfies the requirements under subsection (d)(1)(C)
of section 45U of the Internal Revenue Code of 1986.
(D) Such other information as the Secretary may
require.
(3) Procedures.--The Secretary shall prescribe and publish
in the Federal Register and on a publicly available internet
website of the Department of Energy procedures to be complied
with by members of the public submitting petitions for
inclusion under paragraph (1).
(c) Review.--
(1) Publication and public availability.--As soon as
practicable, the Secretary shall publish on a publicly
available internet website of the Department of Energy the
petitions for inclusions submitted under paragraph (1) of
subsection (b) that contain the information required under
paragraph (2) of such subsection.
(2) Public comment.--
(A) In general.--The Secretary shall publish in the
Federal Register and on a publicly available internet
website of the Department of Energy a notice requesting
members of the public to submit to the Department of
Energy comments on the petitions for inclusion
published by the Department of Energy under paragraph
(1).
(B) Publication.--The Secretary shall publish a
notice in the Federal Register directing members of the
public to a publicly available internet website of the
Department of Energy to view the comments of the
members of the public received under subparagraph (A).
(d) Sense of Congress.--It is the sense of Congress that, to
incentivize innovation in energy generation technologies and to promote
the reliability of and performance improvements in the United States
energy sector, Congress should, not later than 90 days after the
Secretary submits any report under subsection (a), consider a bill to
add any technology used for the production of electricity which is
included in such report to the list of individual energy production
technologies under section 45U(d)(2) of the Internal Revenue Code of
1986.
<all>
|
Energy Sector Innovation Credit Act of 2021
|
To amend the Internal Revenue Code of 1986 to provide investment and production tax credits for emerging energy technologies, and for other purposes.
|
Energy Sector Innovation Credit Act of 2021
|
Rep. Reed, Tom
|
R
|
NY
|
11,312
| 9,274
|
H.R.2418
|
Education
|
Student Loan Forgiveness for Frontline Health Workers Act
This bill establishes temporary programs to provide federal and private student loan forgiveness to certain frontline health care workers. Frontline health care workers are those individuals who have made significant contributions to the medical response (e.g., patient care, medical research, or testing) to the COVID-19 (i.e., coronavirus disease 2019) national emergency.
Specifically, the Department of Education (ED) must carry out a program to forgive the outstanding balance of principal and interest due on federal student loans for borrowers who are frontline health care workers.
Additionally, the Department of the Treasury must carry out a program to repay in full the outstanding balance of principal and interest due on certain private student loans for borrowers who are frontline health care workers.
ED and Treasury must coordinate to ensure that eligibility determinations are consistent across both programs and that frontline health care workers who are eligible for both programs may apply for loan forgiveness with a single application. Further, such programs must be available to frontline health care workers who were borrowers of eligible loans and who died as a result of COVID-19.
The bill specifies the notification requirements related to the availability of these programs.
ED, Treasury, and the Department of Health and Human Services must jointly establish an intergovernmental working group to assist with the administration of these programs, including the development of the application process.
The bill also excludes discharged student loan debt under these programs from an individual's gross income.
|
To provide student loan forgiveness to health care workers who are on
the front line in response to COVID-19.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Forgiveness for
Frontline Health Workers Act''.
SEC. 2. FEDERAL STUDENT LOAN FORGIVENESS FOR FRONTLINE HEALTH CARE
WORKERS.
(a) Forgiveness Required.--Notwithstanding any other provision of
law, the Secretary of Education shall carry out a program in accordance
with this Act to forgive the outstanding balance of interest and
principal due on the applicable eligible Federal student loans of
borrowers who are frontline health care workers.
(b) Method of Loan Forgiveness.--In carrying out the loan
forgiveness program required under subsection (a), as soon as
practicable after the Secretary of Education has confirmed that an
applicant is a frontline health care worker who is a borrower of an
eligible Federal student loan, the Secretary of Education shall--
(1) through the holder of a loan, assume the obligation to
repay the outstanding balance of interest and principal due on
the applicable eligible Federal student loans of the borrower
made, insured, or guaranteed under part B of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1071 et seq.); and
(2) cancel the outstanding balance of interest and
principal due on the applicable eligible Federal student loans
of the borrower made under part D or part E of such title.
(c) Repayment Refunds Prohibited.--Nothing in this section shall be
construed to authorize any refunding of any eligible Federal student
loan repayment made before the date a borrower's loans are forgiven in
accordance with this section.
(d) Exclusion From Taxable Income.--The amount of a borrower's
eligible Federal student loans forgiven under this section shall not be
included in the gross income of the borrower for purposes of the
Internal Revenue Code of 1986.
(e) Notice to Borrowers in Statements.--With each billing statement
sent to a borrower during the two-year period beginning on the 15th day
after the date of enactment of this Act, the Secretary of Education
shall include, and shall require each holder of eligible Federal
student loans to include, a notice informing the borrower of the
availability of the Federal student loan forgiveness and private
student loan repayment programs for frontline health care workers under
this Act, including where to find information about how to qualify as a
frontline health care worker, how to apply to such programs, and the
application deadline for such programs.
SEC. 3. PRIVATE STUDENT LOAN REPAYMENT FOR FRONTLINE HEALTH CARE
WORKERS.
(a) Repayment Required.--Notwithstanding any other provision of
law, the Secretary of the Treasury shall carry out a program in
accordance with this Act under which the Secretary shall repay in full
the outstanding balance of principal and interest due on the applicable
eligible private student loans of borrowers who are frontline health
care workers.
(b) Method of Loan Repayment.--In carrying out the program required
under subsection (a), as soon as practicable after the Secretary of the
Treasury has confirmed that an applicant is a frontline health care
worker who is a borrower of an eligible private student loan, the
Secretary of the Treasury shall pay to the private educational lender
of each of the applicable eligible private student loans of the
borrower an amount equal to the sum of the unpaid principal, accrued
unpaid interest, and late charges of such applicable eligible private
student loans, as calculated on the date of the repayment of such loans
by the Secretary of the Treasury, in order to discharge the borrower
from any remaining obligation to the private educational lender with
respect to such applicable eligible private student loans.
(c) Repayment Refunds Prohibited.--Nothing in this section shall be
construed to authorize any refunding of any repayment of a loan made
before the date a borrower's loans are paid by the Secretary of the
Treasury in accordance with this section.
(d) Exclusion From Taxable Income.--The amount of a borrower's
eligible private student loans paid by the Secretary of the Treasury
under this section shall not be included in the gross income of the
borrower for purposes of the Internal Revenue Code of 1986.
(e) Notice to Borrowers in Statements.--Section 128(e) of the Truth
in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the
following new paragraph:
``(12) Notice required along with billing statements.--With
each billing statement sent to the borrower during the two-year
period beginning on the 15th day after the date of enactment of
the Student Loan Forgiveness for Frontline Health Workers Act,
the private educational lender shall include a notice informing
the borrower of the availability of the Federal student loan
forgiveness and private student loan repayment programs for
frontline health care workers under the Student Loan
Forgiveness for Frontline Health Workers Act, including where
to find information about how to qualify as a frontline health
care worker, how to apply to such programs, and the application
deadline for such programs.''.
SEC. 4. COORDINATED PROGRAM REQUIREMENTS.
The Secretaries concerned shall jointly develop the programs
required under section 2 and section 3 of this Act, and shall
coordinate and consult with one another in carrying out such programs
to ensure that--
(1) determinations of eligibility are uniform and
consistent across both programs;
(2) frontline health care workers who are borrowers of both
eligible Federal student loans and eligible private student
loans may apply for both loan forgiveness under section 2 and
loan repayment under section 3 with submission of only one
application;
(3) borrowers with outstanding eligible Federal student
loans and borrowers with outstanding eligible private student
loans are notified of the availability of both programs
required under this Act; and
(4) such programs are made available to frontline health
care workers who were borrowers of eligible Federal student
loans, eligible private student loans, or both, and who died as
a result of the coronavirus, to relieve the families and
estates of such deceased frontline health care workers of the
burden of the student loans of the such workers.
SEC. 5. NOTICE TO THE PUBLIC.
Not later than 15 days after the date of enactment of this Act, the
Secretaries concerned, in consultation with institutions of higher
education and lenders and holders of Federal student loans and private
education loans, shall take such actions as may be necessary to ensure
that borrowers who have outstanding eligible Federal student loans,
outstanding eligible private student loans, or both, are aware of the
loan forgiveness and loan repayment programs authorized by this Act.
Such information shall--
(1) be presented in a form that is widely available to the
public, especially to borrowers with eligible Federal student
loans, eligible private student loans, or both;
(2) be easily understandable; and
(3) clearly notify borrowers that to be considered for loan
forgiveness or loan repayment (or both) under this Act,
borrowers must submit an application to the Secretaries
concerned, and must do so during the application period
described in section 6.
SEC. 6. APPLICATION AND DETERMINATION OF ELIGIBILITY.
(a) Application Period.--An individual may apply for loan
forgiveness under section 2, loan repayment under section 3, or both,
by submitting an application to the Secretaries concerned during the
period that begins on the date that is 60 days after the date of
enactment of this Act and that ends on the date that is 2 years after
the end of the qualifying period.
(b) Determination of Eligibility.--
(1) Development of application.--Not later than 60 days
after the date of enactment of this Act, the Secretaries
concerned shall jointly, in consultation with the Secretary of
Health and Human Services and the Intergovernmental Working
Group (in accordance with section 7), develop one application
for borrowers of both eligible Federal student loans and
eligible private student loans to apply for loan forgiveness or
loan repayment, or both, under this Act.
(2) Application requirements.--The application required
under paragraph (1) may only include such information as is
necessary for the Secretaries concerned to make a determination
of whether the applicant--
(A) is a frontline health care worker, without
consideration of the period of time the applicant
served as such a worker; and
(B) is a borrower of an applicable eligible Federal
student loan, an applicable eligible private student
loan, or both.
(3) Determination.--Not later than 30 days after the date
on which the Secretaries concerned receive an application from
an individual in accordance with this Act, the Secretaries
concerned shall--
(A) confirm that such individual is a frontline
health care worker who is a borrower of an applicable
eligible Federal student loan, an applicable eligible
private student loan, or both, then notify the
individual of such confirmation, and grant the
individual loan forgiveness or loan repayment, or both,
in accordance with sections 2 and 3 of this Act; or
(B) determine that such individual is not a
frontline health care worker who is a borrower of an
applicable eligible Federal student loan, an eligible
private student loan, or both, then deny such
application, and provide a notification to the
individual that includes--
(i) that the application was denied;
(ii) the reason for such denial; and
(iii) if the application was denied because
the Secretaries concerned determined that the
applicant was not a frontline health care
worker, an explanation that the individual may
appeal the denial to the Intergovernmental
Working Group within 30 days of the date of
such denial, and information on how the
applicant may submit such an appeal.
(4) Treatment after successful appeal.--In the case that an
individual appeals the denial of an application to the
Intergovernmental Working Group in accordance with section 7,
and the individual is determined by the Intergovernmental
Working Group to be a frontline health care worker, the
Secretaries concerned shall grant the individual loan
forgiveness or loan repayment, or both, in accordance with
sections 2 and 3 of this Act not later than 30 days after the
Secretaries concerned are notified of the outcome of the appeal
by the Intergovernmental Working Group.
SEC. 7. INTERGOVERNMENTAL WORKING GROUP.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the Secretaries concerned and the Secretary of
Health and Human Services shall jointly establish an Intergovernmental
Working Group to assist, in accordance with this section, with the
administration of the programs required under this Act.
(b) Membership.--The Intergovernmental Working Group shall have 9
members, of whom--
(1) five members shall be selected by the Secretary of
Health and Human Services from employees of the Department of
Health and Human Services who are knowledgeable concerning the
education, training, employment, and medical practices of
health care professionals and the health care workforce;
(2) two members shall be selected by the Secretary of
Education from employees of the Department of Education who are
knowledgeable concerning eligible Federal student loans and the
administration of such loans; and
(3) two members shall be selected by the Secretary of the
Treasury from employees of the Department of the Treasury who
are knowledgeable concerning eligible private student loans,
the administration of such loans, and private educational
lenders.
(c) Duties.--The Intergovernmental Working Group established under
this section shall--
(1) develop a procedure or list of requirements to
determine whether an individual has made significant
contributions to the medical response to the qualifying
emergency for purposes of determining whether the individual is
a frontline health care worker as defined in section 9(1)(C);
(2) determine what information an individual needs to
provide for the Secretaries concerned to determine whether the
individual has made significant contributions to the medical
response to the qualifying emergency for purposes of
determining whether the individual is a frontline health care
worker as defined in section 9(1)(B);
(3) not later than 15 days after the date on which the
Council is established, report the information described in
paragraphs (1) and (2) to the Secretaries concerned for
inclusion in the application developed in accordance with
section 6(b)(1);
(4) not later than 60 days after the date on which the
Council is established, develop a process by which--
(A) an applicant who is denied loan forgiveness or
loan repayment (or both) under this Act by the
Secretaries concerned because of a determination that
the applicant is not a frontline health care worker
may, within 30 days of the date of such denial, submit
an appeal of such denial to the Intergovernmental
Working Group; and
(B) the Intergovernmental Working Group will review
the appeal and make a determination with respect to
whether the applicant is a frontline health care
worker; and
(5) upon the request for an appeal by an applicant
described in paragraph (4), using the appeals process developed
under such paragraph, determine within 30 days after submission
of the appeal by the applicant, whether the applicant is a
frontline health care worker, and notify the Secretaries
concerned and the applicant of the outcome of such appeal
within 15 days of such determination.
SEC. 8. TERMINATION OF AUTHORITY.
The authority of the Secretaries concerned to carry out the loan
forgiveness program under section 2 and loan repayment program under
section 3, and the authority of the Intergovernmental Working Group to
carry out the activities authorized under section 7, shall cease on the
date that is 180 days after the end date of the application period
described in section 6(a).
SEC. 9. DEFINITIONS.
In this Act:
(1) Frontline health care worker.--The term ``frontline
health care worker'' means an individual who, in exchange for
payment or as a volunteer, for any period during a qualifying
emergency--
(A) is a--
(i) doctor, medical resident, medical
intern, medical fellow, nurse, home health care
worker, mental health professional, or other
health care professional who is licensed,
registered, or certified under Federal or State
law to provide health care services and who
provides COVID-related health care services;
(ii) a student enrolled at an institution
of higher education in a medical, nursing, or
other relevant health care program of study who
provides COVID-related health care services;
(iii) a laboratory worker who conducts,
evaluates, or analyzes coronavirus testing;
(iv) a medical researcher who conducts
research related to the prevention, treatment,
or cure of the coronavirus; or
(v) an emergency medical services worker
who responds to health emergencies or
transports patients to hospitals or other
medical facilities; or
(B) does not meet the requirements of any of the
clauses under subparagraph (A), but is a health care
professional who is licensed, registered, or certified
under Federal or State law to provide health care and
has made significant contributions to the medical
response to the qualifying emergency.
(2) Applicable loans.--For the purposes of this Act, the
term ``applicable'', when used with respect to an eligible
Federal student loan or an eligible private student loan,
means--
(A) in the case of a frontline health care worker
who has obtained a graduate education degree or
certificate--
(i) any eligible Federal student loan for
the graduate education of such worker
(including a consolidation loan, to the extent
that such consolidation loan was used to repay
loans for graduate education); and
(ii) any eligible private student loan for
the graduate education of such worker; or
(B) in the case of a frontline health care worker
who has not obtained a graduate education degree or
certificate--
(i) any eligible Federal student loan for
the undergraduate education of such worker
(including a consolidation loan, to the extent
that such consolidation loan was used to repay
loans for undergraduate education), provided
that such loan was used for undergraduate
education in a relevant health care program of
study that is necessary for an individual to
enter or advance within the specific health
care-related occupation of the worker; and
(ii) any eligible private student loan for
the undergraduate education of such worker,
provided that such loan was used for
undergraduate education in a relevant health
care program of study that is necessary for an
individual to enter or advance within the
specific health care-related occupation of the
worker.
(3) Coronavirus.--The term ``coronavirus'' has the meaning
given the term in section 506 of the Coronavirus Preparedness
and Response Supplemental Appropriations Act, 2020 (Public Law
116-123).
(4) COVID-related health care services.--The term ``COVID-
related health care services'' means any health care services
that relate to--
(A) the diagnosis, prevention, or treatment of the
coronavirus, including through telehealth services;
(B) the assessment or care of the health of a human
being related to an actual or suspected case of the
coronavirus, including through telehealth services; or
(C) patient care in a setting where there is a
reasonable expectation of risk of exposure to the
coronavirus.
(5) Eligible federal student loan.--The term ``eligible
Federal student loan'' means any loan made, insured, or
guaranteed under part B, part D, or part E of title IV of the
Higher Education Act of 1965 before the date of enactment of
this Act, including a consolidation loan under such title.
(6) Eligible private student loan.--The term ``eligible
private student loan'' means a private education loan, as
defined in section 140(a) of the Truth in Lending Act (15
U.S.C. 1650(a)), that was expressly for the cost of attendance
(as defined in section 472) at an institution of higher
education participating in a loan program under part B, part D,
or part E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.), as of the date that the loan was
disbursed, and that was made before the date of enactment of
this Act.
(7) Graduate education.--The term ``graduate education''
means a postbaccalaureate program of study at an institution of
higher education that--
(A) leads to a master's degree;
(B) leads to a doctoral degree; or
(C) does not lead to a graduate degree, but awards
or is necessary to obtain a professional certification
or licensing credential that is required for
employment.
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(9) Private educational lender.--The term ``private
educational lender'' has the meaning given the term in section
140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).
(10) Qualifying emergency.--The term ``qualifying
emergency'' means--
(A) a public health emergency related to the
coronavirus declared by the Secretary of Health and
Human Services pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d);
(B) an event related to the coronavirus for which--
(i) the President declared a major disaster
or an emergency under section 401 or 501,
respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 and 5191); or
(ii) the governor of a State or territory
of the United States declared an emergency; or
(C) a national emergency related to the coronavirus
declared by the President under section 201 of the
National Emergencies Act (50 U.S.C. 1601 et seq.).
(11) Secretaries concerned.--The term ``Secretaries
concerned'' means--
(A) the Secretary of Education, with respect to
eligible Federal student loans and borrowers of such
loans; and
(B) the Secretary of the Treasury, with respect to
eligible private student loans and borrowers of such
loans.
(12) Undergraduate education.--The term ``undergraduate
education'' means a postsecondary program of study at an
institution of higher education that--
(A) leads to an associate's degree;
(B) leads to a baccalaureate degree; or
(C) does not lead to an associate's or
baccalaureate degree, but awards or is necessary to
obtain a certification or licensing credential that is
required for employment.
<all>
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Student Loan Forgiveness for Frontline Health Workers Act
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To provide student loan forgiveness to health care workers who are on the front line in response to COVID-19.
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Student Loan Forgiveness for Frontline Health Workers Act
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Rep. Maloney, Carolyn B.
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D
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NY
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11,313
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S.4863
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Commerce
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Women's Business Centers Improvement Act of 2022
This bill reauthorizes the Women's Business Center Program through FY2026, raises the cap on individual center grants, establishes an accreditation program for grant recipients, and revises the duties of the Office of Women's Business Ownership.
Specifically, the bill modifies the Women's Business Center Program to enable the Small Business Administration (SBA) to provide initial and continuation grants to eligible entities to operate women's business centers for the benefit of women-owned small businesses. The SBA must also publish standards for a program to accredit entities that receive grants from the Women's Business Center Program, and such entities' receipt of continuation grants shall be contingent upon their obtaining accreditation.
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To amend the Small Business Act to improve the Women's Business Center
Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Business Centers Improvement
Act of 2022''.
SEC. 2. AMENDMENTS TO WOMEN'S BUSINESS CENTER PROGRAM.
Section 29 of the Small Business Act (15 U.S.C. 656) is amended to
read as follows:
``SEC. 29. WOMEN'S BUSINESS CENTER PROGRAM.
``(a) Definitions.--In this section:
``(1) Assistant administrator.--The term `Assistant
Administrator' means the Assistant Administrator of the Office
of Women's Business Ownership established under subsection (j).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an organization described in section 501(c)
of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code;
``(B) a State, regional, or local economic
development organization, if the organization certifies
that grant funds received under this section will not
be commingled with other funds;
``(C) an institution of higher education, as
defined in section 101 of the Higher Education Act of
1965, unless the institution is receiving a grant under
section 21;
``(D) a development, credit, or finance corporation
chartered by a State, if the corporation certifies that
grant funds received under this section will not be
commingled with other funds; or
``(E) any combination of entities listed in
subparagraphs (A) through (D).
``(3) Relevant organizations.--The term `relevant
organizations' means--
``(A) organizations that advocate for or work with
women entrepreneurs, women's business ownership, or
women's business centers; and
``(B) other organizations as the Administrator
determines appropriate.
``(4) Resource partners.--The term `resource partners'
means small business development centers, chapters of the
Service Corps of Retired Executives established under section
8(b)(1)(B), and Veteran Business Outreach Centers described in
section 32.
``(5) Women's business center.--The term `women's business
center' means the location at which counseling and training on
the management, operations (including manufacturing, services,
and retail), access to capital, international trade, government
procurement opportunities, and any other matter that is needed
to start, maintain, or expand a small business concern owned
and controlled by women.
``(6) Women's business center organization.--The term
`Women's Business Center Organization' means a membership
organization formed by women's business centers to pursue
matters of common concern.
``(b) Authority.--
``(1) Establishment.--There is established a Women's
Business Center Program under which the Administrator may enter
into a cooperative agreement with an eligible entity to provide
a grant to the eligible entity to operate 1 or more women's
business centers for the benefit of small business concerns
owned and controlled by women.
``(2) Use of funds.--A women's business center established
using funds made available under this section shall be designed
to provide entrepreneurial counseling and training that meets
the needs of the small business concerns owned and controlled
by women, especially concerns owned and controlled by women who
are both socially and economically disadvantaged, as defined in
section 8(a), and shall provide--
``(A) financial assistance, including counseling
and training on how to--
``(i) apply for and secure business credit
and investment capital;
``(ii) prepare and present financial
statements; and
``(iii) manage cash flow and other
financial operations of a small business
concern;
``(B) management assistance, including counseling
and training on how to plan, organize, staff, direct,
and control each major activity and function of a small
business concern;
``(C) marketing assistance, including counseling
and training on how to--
``(i) identify and segment domestic and
international market opportunities;
``(ii) prepare and execute marketing plans;
``(iii) develop pricing strategies;
``(iv) locate contract opportunities;
``(v) negotiate contracts; and
``(vi) use various public relations and
advertising techniques; and
``(D) other services, as needed, in order to meet
the changing and evolving needs of the small business
community.
``(3) Types of grants.--
``(A) Initial grant.--The amount of an initial
grant, which shall be for a 5-year term, provided under
this section to an eligible entity shall be not more
than $300,000 annually (as that amount is annually
adjusted by the Administrator to reflect the change in
inflation).
``(B) Continuation grants.--
``(i) In general.--The Administrator may
award a continuation grant, which shall be for
a 5-year term, of not more than $300,000
annually (as that amount is annually adjusted
by the Administrator to reflect the change in
inflation) to an eligible entity that received
an initial grant under subparagraph (A).
``(ii) No limitation.--There shall be no
limitation on the number of continuation grants
an eligible entity may receive under this
section.
``(c) Application.--
``(1) Initial grants and continuation grants.--To receive
an initial grant or continuation grant under this section, an
eligible entity shall submit an application to the
Administrator in such form, in such manner, and containing such
information as the Administrator may require, including--
``(A) a certification that the eligible entity--
``(i) has designated an executive director
or program manager, who may be compensated
using grant funds awarded under this section or
other sources, to manage each women's business
center for which a grant under subsection (b)
is sought; and
``(ii) meets accounting and reporting
requirements established by the Director of the
Office of Management and Budget;
``(B) information demonstrating the experience and
effectiveness of the eligible entity in--
``(i) providing entrepreneurial counseling
and training described in subsection (b)(2);
``(ii) providing training and services to a
representative number of women who are both
socially and economically disadvantaged; and
``(iii) working with resource partners,
offices of the Administration, and other public
and private entities engaging in
entrepreneurial and small business development;
and
``(C) a 5-year plan that--
``(i) includes information relating to the
assistance to be provided by each women's
business center in the area in which each
center is located;
``(ii) describes the ability of the
eligible entity to meet the needs of the market
to be served by each women's business center;
``(iii) describes the ability of the
eligible entity to obtain the matching funds
required under subsection (e); and
``(iv) describes the ability of the
eligible entity to provide entrepreneurial
counseling and training described in subsection
(b)(2), including to a representative number of
women who are both socially and economically
disadvantaged.
``(2) Record retention.--
``(A) In general.--The Administrator shall maintain
a copy of each application submitted under this
subsection for not less than 5 years.
``(B) Paperwork reduction.--The Administrator shall
take steps to reduce, to the maximum extent
practicable, the paperwork burden associated with
carrying out subparagraph (A).
``(d) Selection of Eligible Entities.--
``(1) In general.--In selecting recipients of initial
grants, the Administrator shall consider--
``(A) the experience of the applicant in providing
entrepreneurial counseling and training;
``(B) the amount of time needed for the applicant
to commence operation of a women's business center;
``(C) the capacity of the applicant to meet the
accreditation standards established under subsection
(j)(4) in a timely manner and the likelihood that the
recipient will become accredited;
``(D) the ability of the applicant to sustain
operations, including the applicant's ability to obtain
matching funds under subsection (e), for a 5-year
period;
``(E) the proposed location of a women's business
center to be operated by the applicant and the
location's proximity to Veteran Business Outreach
Centers and to recipients of grants under section
8(b)(1) or 21;
``(F) the counsel of a Women's Business Center
Organization or another relevant organization on the
level of unmet need in the area where the women's
business center is to be located; and
``(G) whether the applicant has received trainings
conducted by, utilized services provided by, or engaged
with a Women's Business Center Organization or another
relevant organization in the preparation of the
application.
``(2) Selection criteria.--
``(A) Rulemaking.--The Administrator shall issue
regulations to specify the criteria for review and
selection of applicants under this subsection.
``(B) Effect of regulations at time of
application.--Unless otherwise required by an Act of
Congress or an order of a Federal court, any
application for an opportunity to award a grant under
this section shall be governed by the regulations
issued pursuant to subparagraph (A) that are in effect
at the time of the public announcement of such
opportunity made by the Administrator pursuant to
subsection (k)(1).
``(C) Rule of construction.--Nothing in this
paragraph may be construed as prohibiting the
Administrator from modifying the regulations issued
pursuant to subparagraph (A) as the regulations apply
to an opportunity to be awarded a grant under this
section that the Administrator has not yet publicly
announced pursuant to subsection (k)(1).
``(e) Matching Requirements.--
``(1) In general.--Subject to paragraph (5), upon approval
of an application submitted under subsection (c), the eligible
entity shall agree to obtain contributions from non-Federal
sources--
``(A) in the first and second year of the term of
an initial grant, if applicable, 1 non-Federal dollar
for every 2 Federal dollars; and
``(B) in each subsequent year of the term of an
initial grant, if applicable, or for the term of a
continuation grant, 1 non-Federal dollar for each
Federal dollar.
``(2) Form of matching funds.--Not more than one-half of
non-Federal matching funds described in paragraph (1) may be in
the form of in-kind contributions that are budget line items
only, including office equipment and office space.
``(3) Solicitation.--Notwithstanding any other provision of
law, an eligible entity may--
``(A) solicit cash and in-kind contributions from
private individuals and entities to be used to operate
a women's business center; and
``(B) use amounts made available by the
Administrator under this section for the cost of
solicitation and management of the contributions
received, subject to the limitations set by the
Administrator.
``(4) Disbursement of funds.--The Administrator may
disburse an amount not greater than 25 percent of the total
amount of a grant awarded to an eligible entity before the
eligible entity obtains the matching funds described in
paragraph (1).
``(5) Failure to obtain matching funds.--
``(A) In general.--If an eligible entity fails to
obtain the required matching funds described in
paragraph (1), the eligible entity may not be eligible
to receive advance disbursements pursuant to paragraph
(4) during the remainder of the term, if applicable, of
an initial grant awarded under this section.
``(B) Continuation grant.--Before approving the
eligible entity for a continuation grant under this
section, the Administrator shall make a written
determination, including the reasons for the
determination, of whether the Administrator believes
that the eligible entity will be able to obtain the
requisite matching funding under paragraph (1) for the
continuation grant.
``(6) Waiver of non-federal share.--
``(A) In general.--Upon request by an eligible
entity and in accordance with this paragraph, the
Administrator may waive, in whole or in part, the
requirement to obtain matching funds under paragraph
(1) for a grant awarded under this section for the
eligible entity for a 1-year term of the grant.
``(B) Considerations.--In determining whether to
issue a waiver under this paragraph, the Administrator
shall consider--
``(i) the economic conditions affecting the
eligible entity;
``(ii) the demonstrated ability of the
eligible entity to raise non-Federal funds; and
``(iii) the performance of the eligible
entity under the initial grant.
``(C) Limitation.--The Administrator may not issue
a waiver under this paragraph if the Administrator
determines that granting the waiver would undermine the
credibility of the Women's Business Center Program.
``(7) Excess non-federal dollars.--The amount of non-
Federal dollars obtained by an eligible entity that is greater
than the amount that is required to be obtained by the eligible
entity under this subsection shall not be subject to the
requirements of part 200 of title 2, Code of Federal
Regulations, or any successor thereto, if the amount of non-
Federal dollars--
``(A) is not used as matching funds for purposes of
implementing the Women's Business Center Program; and
``(B) was not obtained by using funds granted under
the Women's Business Center Program.
``(8) Carryover.--An eligible entity may use excess non-
Federal dollars described in paragraph (7) to satisfy the
matching funds requirement under paragraph (1) for the
subsequent 1-year grant term, if applicable, except that the
amounts shall be subject to the requirements of part 200 of
title 2, Code of Federal Regulations, or any successor thereto.
``(f) Other Requirements.--
``(1) Separation of funds.--An eligible entity shall--
``(A) operate a women's business center under this
section separately from other projects, if any, of the
eligible entity; and
``(B) separately maintain and account for any grant
funds received under this section.
``(2) Examination of eligible entities.--
``(A) Required site visit.--Before receiving an
initial grant under this section, each applicant shall
have a site visit by an employee of the Administration
in order to ensure that the applicant has sufficient
resources to provide the services for which the grant
is being provided.
``(B) Annual review.--An employee of the
Administration shall--
``(i) conduct an annual programmatic and
financial examination of each eligible entity,
as described in subsection (g); and
``(ii) provide the results of the
examination to the eligible entity.
``(3) Remediation of problems.--
``(A) Plan of action.--If an examination of an
eligible entity conducted under paragraph (2)(B)
identifies any problems, the eligible entity shall, not
later than 45 calendar days after receiving a copy of
the results of the examination, provide the Assistant
Administrator with a plan of action, including specific
milestones, for correcting those problems.
``(B) Plan of action review by the assistant
administrator.--Not later than 30 days after receipt of
the plan of action, the Assistant Administrator shall
review the plan of action submitted under subparagraph
(A), and if the Assistant Administrator determines that
the plan--
``(i) will bring the eligible entity into
compliance with all the terms of a cooperative
agreement described in subsection (b), the
Assistant Administrator shall approve the plan;
or
``(ii) is inadequate to remedy the problems
identified in the annual examination to which
the plan of action relates, the Assistant
Administrator shall set forth the reasons in
writing and provide the determination to the
eligible entity not later than 15 calendar days
after the date of determination.
``(C) Amendment to plan of action.--An eligible
entity receiving a determination under subparagraph
(B)(ii) shall have 30 calendar days from the receipt of
the determination to amend the plan of action to
satisfy the problems identified by the Assistant
Administrator and resubmit the plan to the Assistant
Administrator.
``(D) Amended plan review by the assistant
administrator.--Not later than 15 calendar days after
receipt of an amended plan of action under subparagraph
(C), the Assistant Administrator shall approve or
reject the plan and provide the approval or rejection
in writing to the eligible entity.
``(E) Appeal of assistant administrator
determination.--
``(i) In general.--If the Assistant
Administrator rejects an amended plan of action
under subparagraph (D), the eligible entity
shall have the opportunity to appeal the
decision to the Administrator, who may delegate
the appeal to an appropriate officer of the
Administration.
``(ii) Opportunity for explanation.--Any
appeal described in clause (i) shall provide an
opportunity for the eligible entity to provide,
in writing, an explanation of why the amended
plan of action of the eligible entity remedies
the problems identified in the annual
examination conducted under paragraph (2)(B).
``(iii) Notice of determination.--The
Administrator shall provide to the eligible
entity a determination of the appeal, in
writing, not later than 15 calendar days after
the eligible entity files an appeal under this
subparagraph.
``(iv) Effect of failure to act.--If the
Administrator fails to act on an appeal made
under this subparagraph within the 15-day
period specified under clause (iii), the
amended plan of action of the eligible entity
submitted under subparagraph (C) shall be
deemed to be approved.
``(4) Termination of grant.--
``(A) In general.--The Administrator shall
terminate a grant to an eligible entity under this
section if the eligible entity fails to comply with--
``(i) a plan of action approved by the
Assistant Administrator under paragraph
(3)(B)(i); or
``(ii) an amended plan of action approved
by the Assistant Administrator under paragraph
(3)(D) or approved on appeal under paragraph
(3)(E).
``(B) Appeal of termination.--An eligible entity
shall have the opportunity to challenge the termination
of a grant under subparagraph (A) on the record and
after an opportunity for a hearing.
``(C) Final agency action.--A determination made
pursuant to subparagraph (B) shall be considered final
agency action for the purposes of chapter 7 of title 5,
United States Code.
``(5) Engagement with majority women's business center
organization, women's business centers, and other relevant
organizations.--If, on the date of enactment of the Women's
Business Centers Improvement Act of 2022, a majority of women's
business centers that are operating pursuant to agreements with
the Administration are members of an individual Women's
Business Center Organization, the Administrator shall--
``(A) recognize the existence and activities of the
Organization; and
``(B) consult with the Organization, and to the
extent practicable, women's business centers and other
relevant organizations, on the development of documents
with respect to--
``(i) announcing the annual scope of
activities pursuant to this section;
``(ii) requesting proposals to deliver
assistance as provided in this section; and
``(iii) the governance, general operations,
and administration of the Women's Business
Center Program, including general best
practices in the operation of that Program and
the development of regulations and financial
examinations under that Program.
``(6) Enforcement.--
``(A) Grants.--The Assistant Administrator shall
develop policies and procedures to minimize the
possibility of awarding a grant to an eligible entity
that will operate a women's business center that likely
will not remain in compliance with program and
financial requirements.
``(B) Individual cooperative agreements.--The
Assistant Administrator shall enforce the terms of any
individual cooperative agreement described in paragraph
(5)(B)(iii).
``(g) Program Examination.--
``(1) In general.--The Administration shall--
``(A) develop and implement an annual programmatic
and financial examination of each eligible entity
receiving a grant under this section, under which each
eligible entity shall provide to the Administration--
``(i) an itemized cost breakdown of actual
expenditures for costs incurred during the
preceding year; and
``(ii) documentation regarding the amount
of matching assistance from non-Federal sources
obtained and expended by the eligible entity
during the preceding year in order to meet the
requirements of subsection (e) and, with
respect to any in-kind contributions described
in subsection (e)(2) that were used to satisfy
the requirements of subsection (e),
verification of the existence and valuation of
those contributions; and
``(B) analyze the results of each examination and,
based on that analysis, make a determination regarding
the programmatic and financial viability of each
women's business center operated by the eligible
entity.
``(2) Conditions for continued funding.--In determining
whether to award a continuation grant to an eligible entity,
the Administrator shall--
``(A) consider the results of the most recent
examination of the eligible entity under paragraph (1);
``(B) determine if--
``(i) the eligible entity has failed to
provide, or provided inadequate, information
under paragraph (1)(A); or
``(ii) the eligible entity has failed to
provide any information required to be provided
by a women's business center for purposes of
the management report under subsection (l)(1),
or the information provided by the center is
inadequate; and
``(C) consider the accreditation status as
described in subsection (j)(4).
``(h) Contract Authority.--
``(1) Eligible entity.--An eligible entity that receives a
grant under this section may enter into a contract with a
Federal department or agency to provide specific assistance to
small business concerns owned and controlled by women and other
underserved small business concerns, if performance of that
contract does not hinder the ability of the eligible entity to
carry out the terms of a grant received under this section.
``(2) Administrator.--
``(A) In general.--The authority of the
Administrator to enter into contracts shall be in
effect for each fiscal year only to the extent and in
the amounts as are provided in advance in
appropriations Acts.
``(B) Adverse contract action.--After the
Administrator has entered into a contract, either as a
grant or a cooperative agreement, with any applicant
under this section, the Administrator shall not
suspend, terminate, or fail to renew or extend the
contract unless the Administrator provides the
applicant with written notification setting forth the
reasons therefore and affords the applicant an
opportunity for a hearing, appeal, or other
administrative proceeding under chapter 5 of title 5,
United States Code.
``(i) Privacy Requirements.--
``(1) In general.--A women's business center may not
disclose the name, address, email address, or telephone number
of any individual or small business concern receiving
assistance under this section without the consent of that
individual or small business concern, unless--
``(A) the Administrator orders the disclosure after
the Administrator is ordered to make a disclosure by a
court in any civil or criminal enforcement action
initiated by a Federal or State agency; or
``(B) the Administrator considers a disclosure to
be necessary for the purpose of conducting a financial
audit of a women's business center, except that the
disclosure shall be limited to the information
necessary for the audit.
``(2) Administration use of information.--This subsection
shall not--
``(A) restrict the access of the Administration to
women's business center data; or
``(B) prevent the Administration from using
information about individuals who use women's business
centers to conduct surveys of those individuals.
``(3) Regulations.--The Administrator shall issue
regulations to establish standards for disclosures for purposes
of a financial audit described in paragraph (1)(B).
``(j) Office of Women's Business Ownership.--
``(1) Establishment.--There is established within the
Administration an Office of Women's Business Ownership, which
shall be--
``(A) responsible for the administration of the
Administration's programs for the development of
women's business enterprises, as defined in section 408
of the Women's Business Ownership Act of 1988 (15
U.S.C. 7108); and
``(B) administered by an Assistant Administrator,
who shall be appointed by the Administrator.
``(2) Assistant administrator of the office of women's
business ownership.--
``(A) Qualification.--The position of Assistant
Administrator shall be--
``(i) a Senior Executive Service position
under section 3132(a)(2) of title 5, United
States Code; and
``(ii) a noncareer appointee, as defined in
section 3132(a)(7) of that title.
``(B) Duties.--The Assistant Administrator shall
administer the programs and services of the Office of
Women's Business Ownership and perform the following
functions:
``(i) Recommend the annual administrative
and program budgets of the Office and eligible
entities receiving a grant under the Women's
Business Center Program.
``(ii) Review the annual budgets submitted
by each eligible entity receiving a grant under
the Women's Business Center Program.
``(iii) Collaborate with other Federal
departments and agencies, State and local
governments, nonprofit organizations, and for-
profit organizations to maximize utilization of
taxpayer dollars and reduce or eliminate any
duplication among the programs overseen by the
Office of Women's Business Ownership and those
of other entities that provide similar services
to women entrepreneurs.
``(iv) Maintain a clearinghouse to provide
for the dissemination and exchange of
information between women's business centers.
``(v) Serve as the vice chairperson of the
Interagency Committee on Women's Business
Enterprise and as the liaison for the National
Women's Business Council.
``(3) Mission.--The mission of the Office of Women's
Business Ownership shall be to assist women entrepreneurs to
start, grow, and compete in global markets by providing quality
support with access to capital, access to markets, job
creation, growth, and counseling by--
``(A) fostering participation of women
entrepreneurs in the economy by overseeing a network of
women's business centers throughout States and
territories;
``(B) creating public-private partnerships to
support women entrepreneurs and conduct outreach and
education to small business concerns owned and
controlled by women; and
``(C) working with other programs of the
Administrator to--
``(i) ensure women are well-represented in
those programs and being served by those
programs; and
``(ii) identify gaps where participation by
women in those programs could be increased.
``(4) Accreditation program.--
``(A) Establishment.--Not later than 270 days after
the date of enactment of the Women's Business Centers
Improvement Act of 2022, the Administrator shall
publish standards for a program to accredit eligible
entities that receive a grant under this section.
``(B) Public comment; transition.--Before
publishing the standards under subparagraph (A), the
Administrator--
``(i) shall provide a period of not less
than 60 days for public comment on the
standards; and
``(ii) may not terminate a grant under this
section absent evidence of fraud or other
criminal misconduct by the recipient.
``(C) Contracting authority.--The Administrator may
provide financial support, by contract or otherwise, to
a Women's Business Center Organization to provide
assistance in establishing the standards required under
subparagraph (A) or for carrying out an accreditation
program pursuant to those standards.
``(5) Continuation grant considerations.--
``(A) In general.--In determining whether to award
a continuation grant under this section, the
Administrator shall consider the results of the annual
programmatic and financial examination conducted under
subsection (g) and the accreditation program.
``(B) Accreditation requirement.--On and after the
date that is 2 years after the date of enactment of the
Women's Business Centers Improvement Act of 2022, the
Administration may not award a continuation grant under
this section unless the applicable eligible entity has
been approved under the accreditation program conducted
pursuant to this subsection, except that the Assistant
Administrator for the Office of Women's Business
Ownership may waive the accreditation requirement, in
the discretion of the Assistant Administrator, upon a
showing that the eligible entity is making a good faith
effort to obtain accreditation.
``(6) Annual conference.--
``(A) In general.--Each women's business center
shall participate in annual professional development at
an annual conference facilitated by the Administrator.
``(B) Collaboration.--The Administrator shall
collaborate with 1 or more Women's Business Center
Organizations, women's business centers, or other
relevant organizations in carrying out the
responsibilities of the Administrator under
subparagraph (A).
``(k) Notification Requirements Under the Women's Business Center
Program.--The Administrator shall provide the following:
``(1) A public announcement of any opportunity to be
awarded grants under this section, to include the selection
criteria under subsection (d) and any applicable regulations.
``(2) To any applicant for a grant under this section that
failed to obtain a grant, an opportunity to debrief with the
Administrator to review the reasons for the failure of the
applicant.
``(3) To an eligible entity that receives an initial grant
under this section, if a site visit or review of the eligible
entity is carried out by an officer or employee of the
Administration (other than the Inspector General), a copy of
the site visit report or evaluation, as applicable, not later
than 30 calendar days after the completion of the visit or
evaluation.
``(l) Annual Management Report.--
``(1) In general.--The Administrator shall prepare and
submit to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of the House
of Representatives an annual report on the effectiveness of
women's business centers operated through a grant awarded under
this section.
``(2) Information for report.--Each women's business center
shall, annually and upon request, provide the Administrator
with sufficient information to complete the report required
under paragraph (1), including the information described in
paragraph (3).
``(3) Contents.--Each report submitted under paragraph (1)
shall summarize--
``(A) information concerning, with respect to each
women's business center established pursuant to a grant
awarded under this section, the most recent analysis of
the annual programmatic and financial examination of
the applicable eligible entity, as required under
subsection (g)(1)(B), and the subsequent determination
made by the Administration under that subsection;
``(B) the total number of individuals and the
number of unique individuals counseled or trained
through the Women's Business Center Program;
``(C) the total number of hours of counseling and
training services provided through the Program;
``(D) to the extent practicable, the demographics
of Program participants to include the gender, race,
ethnicity, and age of each participant;
``(E) the number of Program participants who are
veterans;
``(F) the number of new businesses started by
participants in the Program;
``(G) to the extent practicable, the number of jobs
supported, created, or retained with assistance from
women's business centers;
``(H) the total amount of capital secured by
participants in the Program, including through loans
and equity investment of the Administration;
``(I) the number of participants in the Program
receiving financial assistance, including the type and
dollar amount, under a loan program of the
Administration;
``(J) an estimate of gross receipts, including to
the extent practicable a description of any change in
revenue of small business concerns assisted through the
Program;
``(K) the number of referrals of individuals to
other resources and programs of the Administration;
``(L) the results of satisfaction surveys of
participants, including a summary of any comments
received from those participants; and
``(M) any recommendations by the Administrator to
improve the delivery of services by women's business
centers.
``(m) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Administration to carry out this section, to remain
available until expended, $31,500,000 for each of fiscal years
2023 through 2026.
``(2) Use of amounts.--
``(A) In general.--Except as provided in
subparagraph (B), amounts made available under this
subsection for fiscal year 2023, and each fiscal year
thereafter, may only be used for grant awards and may
not be used for costs incurred by the Administration in
connection with the management and administration of
the program under this section.
``(B) Exceptions.--Of the amount made available
under this subsection for a fiscal year, for the fiscal
year beginning after the date of enactment of the
Women's Business Centers Improvement Act of 2022 and
each fiscal year thereafter through fiscal year 2026,
2.6 percent shall be available for costs incurred by
the Administration in connection with the management
and administration of the program under this section.
``(C) Accreditation and annual conference.--Of the
amounts made available in any fiscal year to carry out
this section, not more than $250,000 may be used by the
Administration to pay for expenses related to carrying
out paragraphs (4) and (6) of subsection (j).
``(3) Expedited acquisition.--Notwithstanding any other
provision of law, the Administrator may use expedited
acquisition methods as the Administrator determines to be
appropriate to carry out this section, except that the
Administrator shall ensure that all small business concerns are
provided a reasonable opportunity to submit proposals.''.
SEC. 3. EFFECT ON EXISTING GRANTS.
(a) Terms and Conditions.--A nonprofit organization receiving a
grant under section 29(m) of the Small Business Act (15 U.S.C. 656(m)),
as in effect on the day before the date of enactment of this Act, shall
continue to receive the grant under the terms and conditions in effect
for the grant on the day before the date of enactment of this Act,
except that the nonprofit organization may not apply for a continuation
of the grant under section 29(m)(5) of the Small Business Act (15
U.S.C. 656(m)(5)), as in effect on the day before the date of enactment
of this Act.
(b) Length of Continuation Grant.--The Administrator of the Small
Business Administration may award a grant under section 29 of the Small
Business Act (15 U.S.C. 656), as amended by this Act, to a nonprofit
organization receiving a grant under section (m) of such section 29, as
in effect on the day before the date of enactment of this Act, for the
period--
(1) beginning on the day after the last day of the grant
agreement under such section 29(m); and
(2) ending at the end of the third fiscal year beginning
after the date of enactment of this Act.
SEC. 4. REGULATIONS.
Not later than 270 days after the date of enactment of this Act,
the Administrator of Small Business Administration shall issue rules as
are necessary to carry out section 29 of the Small Business Act (15
U.S.C. 656), as amended by this Act, and ensure that a period of public
comment for those rules is not less than 60 days.
<all>
|
Women’s Business Centers Improvement Act of 2022
|
A bill to amend the Small Business Act to improve the Women's Business Center Program, and for other purposes.
|
Women’s Business Centers Improvement Act of 2022
|
Sen. Cardin, Benjamin L.
|
D
|
MD
|
11,314
| 6,387
|
H.R.8049
|
Transportation and Public Works
|
American Aerospace Supply Chain Resiliency, Innovation, and Advancement Act of 2022
This bill directs the Department of Transportation to establish an Aerospace Supply Chain Resiliency Task Force to identify and assess risks to the U.S. aerospace supply chain and identify best practices and make recommendations to mitigate such risks.
The task force must convene for an initial meeting within 120 days after enactment of the bill and at least every 90 days thereafter. It must also report to Congress on the activities it carries out, including recommendations for regulatory, policy, or legislative action to improve government efforts to reduce barriers, mitigate risk, and bolster the resiliency of the U.S. aerospace supply chain.
The task force shall terminate upon submission of the report to Congress.
|
To require the Secretary of Transportation to establish the Aerospace
Supply Chain Resiliency Task Force, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Aerospace Supply Chain
Resiliency, Innovation, and Advancement Act of 2022''.
SEC. 2. AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall establish the
Aerospace Supply Chain Resiliency Task Force (in this section referred
to as the ``Task Force'') to--
(1) identify and assess risks to United States aerospace
supply chains, including the availability of raw materials and
critical manufactured goods, with respect to--
(A) major end items produced by the aerospace
industry; and
(B) the infrastructure of the National Airspace
System; and
(2) identify best practices and make recommendations to
mitigate risks identified under paragraph (1) and support a
robust United States aerospace supply chain.
(b) Membership.--
(1) In general.--The Secretary shall appoint not more than
21 individuals to the Task Force.
(2) Composition.--In appointing individuals to the Task
Force, the Secretary shall appoint--
(A) At least 1 individual representing each of the
following:
(i) Manufacturers of aircraft.
(ii) Manufacturers of avionics.
(iii) Manufacturers of aircraft propulsion
systems.
(iv) Manufacturers of aircraft structures.
(v) Manufacturers of communications,
navigation, and surveillance equipment used for
the provision of air traffic services.
(vi) Commercial air carriers.
(vii) General aviation operators.
(viii) Rotorcraft operators.
(ix) Unmanned aircraft system operators.
(x) Aircraft maintenance providers.
(xi) Aviation safety organizations.
(B) At least 1 individual representing certified
labor representatives of each of the following:
(i) Aircraft mechanics.
(ii) Aircraft engineers.
(iii) Aircraft manufacturers.
(iv) Airway transportation system
specialists employed by the Federal Aviation
Administration.
(C) Individuals with expertise in logistics,
economics, supply chain management, or another field or
discipline related to the resilience of industrial
supply chains.
(c) Activities.--In carrying out the responsibilities of the Task
Force described in subsection (a), the Task Force shall--
(1) engage with the aerospace industry to document trends
in changes to production throughput and lead times of major end
items produced by the aerospace industry;
(2) determine the extent to which United States aerospace
supply chains are potentially exposed to significant
disturbances, including the existence of and potential for
supply chain issues such as chokepoints, bottlenecks, or
shortages that could prevent or inhibit the production or flow
of major end items and services;
(3) explore new solutions to resolve such supply chain
issues identified under paragraph (2), including through the
use of--
(A) existing aerospace infrastructure; and
(B) aerospace infrastructure, manufacturing
capabilities, and production capacities in small or
rural communities;
(4) evaluate the potential for the introduction and
integration of advanced technology to--
(A) relieve such supply chain issues; and
(B) fill such gaps;
(5) utilize, to the maximum extent practicable, existing
supply chain studies, reports, and materials in carrying out
the activities described in this subsection; and
(6) provide recommendations to address, manage, and relieve
such supply chain issues.
(d) Meetings.--
(1) In general.--Except as provided in paragraph (2), the
Task Force shall convene at such times and places, and by such
means, as the Secretary determines to be appropriate, which may
include the use of remote conference technology.
(2) Timing.--The Task Force shall convene for an initial
meeting not later than 120 days after the date of enactment of
this Act and at least every 90 days thereafter.
(e) Reports to Congress.--
(1) Report of task force.--
(A) In general.--Not later than 1 year after the
date of the initial meeting of the Task Force, the Task
Force shall submit to the appropriate committees of
Congress a report on the activities of the Task Force.
(B) Contents.--The report required under
subparagraph (A) shall include--
(i) best practices and recommendations
identified pursuant to subsection (a)(2);
(ii) a detailed description of the findings
of the Task Force pursuant to the activities
required by subsection (c); and
(iii) recommendations of the Task Force, if
any, for regulatory, policy, or legislative
action to improve Government efforts to reduce
barriers, mitigate risk, and bolster the
resiliency of United States aerospace supply
chains.
(2) Report of secretary.--Not later than 180 days after the
submission of the report required under paragraph (1), the
Secretary shall submit a report to the appropriate committees
of Congress on the status or implementation of recommendations
of the Task Force included in the report required under
paragraph (1).
(f) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Task Force.
(g) Sunset.--The Task Force shall terminate upon the submission of
the report required by subsection (e)(1).
(h) Definitions.--In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Major end item.--The term ``major end item'' means--
(A) an aircraft;
(B) an aircraft engine or propulsion system;
(C) communications, navigation, or surveillance
equipment used in the provision of air traffic
services; and
(D) any other end item the manufacture and
operation of which has a significant effect on air
commerce, as determined by the Secretary.
<all>
|
American Aerospace Supply Chain Resiliency, Innovation, and Advancement Act of 2022
|
To require the Secretary of Transportation to establish the Aerospace Supply Chain Resiliency Task Force, and for other purposes.
|
American Aerospace Supply Chain Resiliency, Innovation, and Advancement Act of 2022
|
Rep. Graves, Garret
|
R
|
LA
|
11,315
| 7,681
|
H.R.5436
|
Health
|
Gun Suicide Prevention Act This bill prohibits manufacturers and retailers from selling firearms unless the firearm includes a label with the toll-free telephone number for the National Suicide Prevention Lifeline.
|
To prohibit the sale of a firearm unless the firearm or packaging
carries a label that provides the number of the National Suicide
Prevention Lifeline.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Suicide Prevention Act''.
SEC. 2. LABELING REQUIREMENT.
(a) Prohibition.--Notwithstanding the exclusion of firearms from
the definition of consumer product in section 3(a)(5)(E) of the
Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), it shall be
unlawful for a manufacturer or retailer to sell or offer for sale any
firearm that does not meet the requirements of subsection (b).
(b) National Suicide Prevention Hotline Label.--A firearm meets the
requirements of this subsection if a clear and conspicuous label is
attached to the firearm or appears on any packaging of the firearm and
on any descriptive material included with the firearm that--
(1) is written in both English and Spanish;
(2) in English, reads ``IF YOU OR SOMEONE YOU KNOW IS
CONTEMPLATING SUICIDE, PLEASE CALL THE NATIONAL SUICIDE
PREVENTION LIFELINE AT'' followed by the toll-free phone number
of the National Suicide Prevention Lifeline, maintained by the
Assistant Secretary for Mental Health and Substance Use under
section 520E-3 of the Public Health Service Act (42 U.S.C.
290bb-36c), or any successor to such toll-free number; and
(3) contains a yellow triangle containing an exclamation
mark that appears immediately before the words ``IF YOU'' on
the label.
(c) Enforcement.--A violation of the prohibition in subsection (a)
shall be treated as a violation of section 19(a) of the Consumer
Product Safety Act (15 U.S.C. 2068). Any person who violates subsection
(a) shall be subject to the penalties set forth in section 20 and 21 of
such Act (15 U.S.C. 2069; 2070).
(d) Retailer Defined.--In this section, the term ``retailer''
includes a dealer, as such term is definition in section 921(a) of
title 18, United States Code.
(e) Effective Date.--This Act shall take effect on the date that is
two years after the date of enactment of this Act.
<all>
|
Gun Suicide Prevention Act
|
To prohibit the sale of a firearm unless the firearm or packaging carries a label that provides the number of the National Suicide Prevention Lifeline.
|
Gun Suicide Prevention Act
|
Rep. Brownley, Julia
|
D
|
CA
|
11,316
| 7,791
|
H.R.2023
|
Education
|
Reading Early and Addressing Dyslexia Act or the READ Act
This bill directs the Department of Education (ED) to establish an early literacy and dyslexia intervention pilot program to award grants to five state educational agencies to address early reading deficiencies and dyslexia.
Under the program, ED must identify (1) evidence-based methods of screening students in grades K-3 for early reading deficiencies and dyslexia; (2) intensive interventions for these students, including phonological awareness and phonemic awareness, sound symbol recognition, and decoding skills; and (3) best practices to instruct educators on the science of reading and how to execute screenings and intensive interventions for these students.
Each participating state educational agency must select at least two local educational agencies (LEAs) to participate in the program.
Participating LEAs must
The bill also directs ED to establish an online platform to provide educational agencies with resources, such as methods of targeting instruction for early reading deficiencies and dyslexia.
|
To authorize a pilot program for dyslexia screening and early literacy
intervention using evidence-based services for students suspected of
having an early reading deficiency or dyslexia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reading Early and Addressing
Dyslexia Act'' or the ``READ Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) More than 30,000,000 adults in the United States are
not able to read or write above a third-grade level.
(2) Of adults in the United States who live in poverty,
nearly half have low levels of literacy.
(3) Children whose parents have low levels of literacy are
more than 70 percent more likely to also have low levels of
literacy and are more likely to get poor grades, display
behavioral problems, have high absentee rates, repeat school
years, or drop out.
(4) The 2019 National Assessment of Educational Progress
4th Grade Reading Level Assessment showed the national average
reading score for 2019 was lower than 2017.
(5) More than 70 percent of State prison inmates have low
levels of literacy.
(6) Low levels of literacy are connected to over
$230,000,000,000 a year in health care costs in the United
States.
(7) Dyslexia is thought to be the most common
neurocognitive disorder, affecting about 10 percent of children
in school.
(8) In 1997, Congress asked the Director of the National
Institute of Child Health and Human Development at the National
Institutes of Health, in consultation with the Secretary of
Education, to convene a national panel, the National Reading
Panel, to assess the status of research-based knowledge,
including the effectiveness of various approaches to teaching
children to read. The report, released in 2000, documented
overwhelming evidence that instruction in phonics enhances all
students' success in learning to read.
(9) In 2014, in response to the Pennsylvania General
Assembly's passage of Act 69 of 2014, the Pennsylvania
Department of Education developed the Dyslexia Screening and
Early Literacy Intervention Pilot Program, which established a
three-year early literacy intervention and dyslexia pilot
program using evidence-based screening and then evidence-based
instruction and intervention for students found to be at risk
for future reading difficulties. Such Program identified
students in kindergarten who were deemed at risk for reading
difficulties, including dyslexia, using screening tests.
(10) Alabama, Arkansas, Colorado, Connecticut, Kansas,
Louisiana, Montana, New Jersey, Oklahoma, Rhode Island, and
South Carolina have all commissioned task forces on early
literacy or dyslexia.
(11) Arkansas, Arizona, Oregon, Ohio, Indiana, Illinois,
Massachusetts, Montana, Nevada, North Dakota, South Carolina,
and Wyoming have put into place protocols and procedures to
screen for early reading deficiencies and dyslexia.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) it is in the interest of the Nation to ensure all
children in the United States, regardless of ability,
disability, or circumstance, be afforded a high-quality
education that includes the promotion of literacy skills; and
(2) the Individual with Disabilities Education Act (20
U.S.C. 1400 et seq.) should be robustly funded.
SEC. 3. DEFINITIONS.
For the purposes of the pilot program authorized by this Act:
(1) Dyslexia.--The term ``dyslexia'' means a condition
that--
(A) is characterized by difficulty with accurate or
fluent word recognition and by poor spelling and
decoding abilities that typically results from a
deficit in one or more processes related to the
phonological component of language;
(B) is often unrelated to other cognitive abilities
and the provision of effective classroom instruction;
and
(C) may result in problems in reading comprehension
and reduced reading experience that may impede the
growth of vocabulary and background knowledge.
(2) Comprehensive literacy instruction.--The term
``comprehensive literacy instruction'' has the meaning given
such term in section 2221(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6641(b)).
(3) Intensive intervention.--
(A) In general.--The term ``intensive
intervention'' means a structured literacy program that
includes explicit, multisensory, and systematic phonics
instruction and is delivered in the manner proscribed
by the developer of the structured literacy program by
a teacher trained in such program.
(B) Phonics instruction terms.--With respect to
phonics instruction that is part of intensive
intervention--
(i) the term ``explicit'' means instruction
in which a teacher clearly explains and models
key skills, with well-chosen examples, and
students are not expected to develop the skills
based mainly on exposure and incidental
learning opportunities;
(ii) the term ``multisensory'' means
instruction that combines listening, speaking,
reading, and a tactile or kinesthetic activity;
and
(iii) the term ``systematic'' means
instruction that is planned and provided in
specific sequence, with important prerequisite
skills taught before more advanced skills, and
with care taken not to introduce skills in a
way that is confusing to students.
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) State educational agency.--The term ``State educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 4. EARLY LITERACY AND DYSLEXIA INTERVENTION PILOT PROGRAM.
(a) Authorization.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish an Early Literacy
and Dyslexia Intervention Pilot Program (hereinafter referred to as the
``Pilot Program''), in accordance with this Act, to award grants to
State educational agencies to provide evidence-based early screening,
multi-tier support systems, and comprehensive literacy education, using
evidence-based methods of screening and intensive intervention
identified in accordance with subsection (d), for students served by
the participating local educational agencies in such States. The early
screening and support systems identified in accordance with subsection
(d) and carried out under the Pilot Program shall screen and support
students for potential risk factors for early reading deficiencies and
dyslexia, such as low phonemic awareness, low letter and symbol naming,
and inability to remember sequences.
(b) Grant Selection and Distribution.--
(1) Grant selection.--The Secretary shall award grants
under this Act to 5 State educational agencies to participate
in the Pilot Program. The Secretary shall ensure that the State
educational agencies awarded grants under this Act serve
geographically, racially, and economically diverse student
populations.
(2) Grant period.--A grant awarded to a State educational
agency under this Act shall be for a period of 3 consecutive
school years, and shall be for not more than $500,000 for each
school year of the grant period.
(c) Participating Local Educational Agencies.--Each State
educational agency awarded a grant under this Act shall select no fewer
than 2 local educational agencies in the State to participate in the
Pilot Program under this Act. To be eligible to be selected as a
participating local educational agency, a local educational agency
shall--
(1) have a total enrollment of at least 3,000 students;
(2) provide full-day kindergarten; and
(3) submit an application to the State educational agency
at such time and containing such information as may be required
by the Secretary and the State educational agency.
(d) Identification of Evidence-Based Methods of Screening and
Intensive Intervention.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall, in consultation with
recognized, expert organizations described in section 5(a)(1), State
educational agencies the Secretary is consulting with in accordance
with section 5(b), and the State educational agencies selected to
participate in the Pilot Program, identify--
(1) one or more intensive interventions for students in
kindergarten through grade 3, which shall include--
(A) phonological awareness and phonemic awareness;
(B) sound symbol recognition;
(C) alphabet knowledge;
(D) decoding skills;
(E) encoding skills; and
(F) rapid naming; and
(2) best practices to instruct educators on--
(A) the science of reading;
(B) how to execute the intensive interventions
identified in accordance with paragraph (1);
(C) understanding and identifying early reading
deficiencies and dyslexia, including how to execute
methods of screening identified in accordance with
paragraph (3); and
(D) how to execute the intensive intervention
identified in accordance with paragraph (4);
(3) one or more evidence-based methods of screening
appropriate for students in kindergarten through grade 3 for
potential risk factors for early reading deficiencies and
dyslexia, which may include the Dynamic Indicators of Basic
Early Literacy Skills tests and phonological and phonemic
processing and rapid automatized naming tests;
(4) evidence-based intensive intervention for students
identified as being at risk for, suspected of having, or having
early reading deficiencies or dyslexia, or both; and
(5) a methodology for evaluating the effects of the Pilot
Program on the students identified as having early reading
deficiencies or dyslexia, or both.
(e) Activities.--Each State educational agency participating in the
Pilot Program shall ensure that the following activities are carried
out using the methods of screening and intensive intervention
identified in accordance with subsection (d):
(1) Provide intensive interventions identified in
accordance with subsection (d)(1) that develop basic reading
skills and incorporate systematic phonics instruction to every
student in kindergarten through grade 3 who is served by a
participating local educational agency in the State.
(2) Three times during each school year during the grant
period, including at the beginning of the school year, during
the middle of the school year, and during the final academic
period of the school year, use evidence-based methods of
screening identified in accordance with subsection (d)(3) to
screen each student in kindergarten through grade 3 enrolled in
each participating local educational agency in the State for
low phonemic awareness and other evidence-based risk factors
for early reading deficiencies and dyslexia.
(3) For each student who is suspected of having an early
reading deficiency or dyslexia, or both, based on the results
of a screening conducted in accordance with paragraph (2)--
(A) notify the parent or guardian of such student
that the student was screened, the results of the
student's screening, and that the student is eligible
to receive reading intervention services as part of the
Pilot Program;
(B) provide to the parent or guardian of such
student information about additional screening and
services available through the Pilot Program, and
information on other resources available through the
local educational agency and State to parents and
students about early reading deficiencies and dyslexia,
and recommended evidence-based resources and
interventions; and
(C) in order to provide additional screening,
diagnostic assessments, or services to the student
under the Pilot Program, require consent from the
parent or guardian of such student indicating that the
parent or guardian voluntarily and knowingly consents
to the continued participation of the student in the
Pilot Program.
(4) For each student suspected of having an early reading
deficiency or dyslexia based on the results of a screening
whose parent or guardian has consented to continued
participation in the Pilot Program--
(A) conduct diagnostic assessments that--
(i) are nationally standardized, norm-
referenced screening assessments of
phonological awareness, alphabetic knowledge,
concept of word and grapheme phoneme
correspondence; and
(ii) are proven to have predictive validity
and classification accuracy; and
(B) provide intensive intervention identified in
accordance with subsection (d)(4) in areas identified
by the screening, diagnostic assessments, or progress
monitoring data collected by intervention teachers,
that includes timely targeted instruction and strategic
reteaching of specific unlearned material or concepts
until mastery is achieved.
(f) Student Participation.--Participation of a student in the Pilot
Program, including participation in screening and receipt of intensive
intervention, shall not at any time preclude a parent or guardian from
requesting or receiving an evaluation of such student for special
education services, including during the course of intensive
intervention carried out under the Pilot Program.
(g) Reports to Secretary.--At the end of each school year of the
Pilot Program, each participating State educational agency shall report
to the Secretary on the activities of the State educational agency, and
each participating local educational agency in the State, carried out
under the Pilot Program, including any data and information the
Secretary may require.
SEC. 5. CONSULTATION.
(a) Consultation and Grantee Assistance.--In establishing,
operating, and evaluating the Pilot Program, the Secretary shall--
(1) consult with nationally recognized organizations that
recognize, support, and advocate for science-based literacy
instruction, and specialize in, and have expertise with, the
scientific basis of dyslexia and intensive intervention; and
(2) provide State educational agencies participating in the
Pilot Program with assistance related to implementation and
execution of the Pilot Program, including access to--
(A) technical support mechanisms (such as training
and printed reference materials); and
(B) the State educational agencies consulting with
the Secretary in accordance with subsection (b).
(b) Consultation With State Educational Agencies.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall select at least one
State educational agency with experience implementing and
carrying out a program similar to the Pilot Program to be
carried out by State educational agencies under this Act. The
Secretary shall consult with the selected State educational
agencies with respect to providing assistance to State
educational agencies participating in the Pilot Program. Such
assistance may include designated staff assistance,
conferences, shadowing, resource building and sharing, and any
other assistance the Secretary determines to be appropriate.
(2) Selection.--To be qualified to be selected as a State
educational agency to consult with the Secretary in accordance
with paragraph (1), a State educational agency shall--
(A) submit to the Secretary an application, at such
time and containing such information as the Secretary
may require; and
(B) have implemented, before the date of enactment
of this Act, and carried out for not less than one
calendar year before such date, a statewide program
that--
(i) incorporated evidenced-based reading
instruction for all students served by the
State;
(ii) identified students at-risk for early
reading deficiencies or dyslexia in
kindergarten;
(iii) provided evidenced-based intensive
intervention beginning in kindergarten for
students identified as at-risk;
(iv) collected data to study the impact of
such program; and
(v) used an outside research institution to
analyze the data and determine the impact on
student outcomes.
(3) Ineligibility for pilot program.--Any State educational
agency selected to consult with the Secretary for the purposes
of this subsection shall not be eligible for a grant to
participate in the Pilot Program.
SEC. 6. EVALUATION.
(a) Evaluation.--Not later than one year after the date of
enactment of this Act, the Secretary shall enter into a contract with a
nationally recognized educational evaluation institution or
organization to provide an evaluation of the Pilot Program, which shall
be completed not later than one year after the completion of the third
school year of the Pilot Program. Such evaluation shall review the
effectiveness of evidence-based early reading assistance programs for
students with risk factors for early reading deficiencies and dyslexia.
(b) Publication of Results.--The Secretary shall make available to
the public on the website of the Department of Education the results of
the evaluation carried out under subsection (a).
SEC. 7. REPORT; STUDY; RESOURCE SHARING.
(a) Pilot Program Report.--Not later than the 30 days after the
completion of the evaluation required under section 6, the Secretary
shall submit a report to Congress on the outcome of the Pilot Program
and other related matters. Such report shall include--
(1) qualitative and quantitative data on the outcomes of
State and local educational agencies and students who
participated in the Program;
(2) qualitative and quantitative data on the experience of
educators who participated in the Program;
(3) a list of the methods of screening used to evaluate
students for low phonemic awareness and other evidence-based
risk factors for early reading deficiencies and dyslexia, and
how many participating State educational agencies,
participating local educational agencies, and participating
schools used each such method;
(4) for each school year of the Pilot Program, the number
of students in kindergarten through grade 3 in each
participating State educational agency, participating local
educational agency, and participating school who were--
(A) screened for low phonemic awareness and other
evidence-based risk factors for early reading
deficiencies and dyslexia;
(B) suspected of having an early reading deficiency
or dyslexia based on the results of such screening; and
(C) identified as having early reading deficiencies
or dyslexia based on a diagnostic assessment; and
(5) any regulatory, legal, or resource barriers to
continuing and expanding the Program.
(b) Study.--Not later than 180 days after the completion of the
evaluation required under section 6, the Secretary shall provide to
Congress, based on the data collected as part of the Pilot Program and
evaluation carried out under this Act and any other data available to
the Secretary--
(1) an assessment of--
(A) the impact of practices put in place under the
Pilot Program, including the practice of instructing
teachers on the science of reading;
(B) the value of the inclusion of the science of
reading courses for teacher licensing and
certification; and
(C) how students perform when taught by teachers
who have received instruction on the science of
reading; and
(2) based on the data collected as part of the Program,
whether the Secretary recommends reconvening the National
Reading Panel.
(c) Resource Sharing.--Not later than January 1, 2025, the
Secretary shall use the report required under subsection (a) and the
results of the study under subsection (b) to create and make available
an online platform to provide State and local educational agencies with
resources to identify and best serve students in kindergarten through
grade 3 who are identified as being at risk for, suspected of having,
or having early reading deficiencies or dyslexia, which shall include--
(1) evidence-based methods of screening designed
specifically for students identified as being at risk for,
suspected of having, or having early reading deficiencies or
dyslexia;
(2) methods of targeted instruction for early reading
deficiencies and dyslexia;
(3) guidance on developing instructional plans for students
identified as having early reading deficiencies or dyslexia;
(4) developmentally appropriate curricula and engaging
instructional materials and practices for students identified
as having early reading deficiencies or dyslexia;
(5) structured multisensory approaches to teach language
and reading skills to all students, including students
identified as being at risk for, suspected of having, or having
early reading deficiencies or dyslexia; and
(6) a list of suggested training programs for teachers on
effective reading instruction methods.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to award grants to State
educational agencies in accordance with this Act, not more than
$2,500,000 for each year of the Pilot Program.
<all>
|
READ Act
|
To authorize a pilot program for dyslexia screening and early literacy intervention using evidence-based services for students suspected of having an early reading deficiency or dyslexia, and for other purposes.
|
READ Act
Reading Early and Addressing Dyslexia Act
|
Rep. Houlahan, Chrissy
|
D
|
PA
|
11,317
| 3,135
|
S.347
|
Health
|
Data to Save Moms Act
This bill expands data collection and research on maternal morbidity and mortality among minority populations.
Specifically, the bill adds requirements to a program within the Centers for Disease Control and Prevention (CDC) that supports maternal mortality review committees. To the extent practicable, the committees must
The CDC may also award grants to committees to increase their engagement with local communities, such as by bringing on community representatives as committee members.
Additionally, the Centers for Medicare & Medicaid Services and the Agency for Healthcare Research and Quality must consult with diverse stakeholders to review maternal health data collection processes and quality measures and make recommendations to improve them.
The Indian Health Service and the Department of Health and Human Services must also arrange for studies on adverse maternal health outcomes among tribal and minority populations, respectively.
|
To improve the collection and review of maternal health data to address
maternal mortality, severe maternal morbidity, and other adverse
maternal health outcomes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Data to Save Moms Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Maternity care provider.--The term ``maternity care
provider'' means a health care provider who--
(A) is a physician, physician assistant, midwife
who meets at a minimum the international definition of
the midwife and global standards for midwifery
education as established by the International
Confederation of Midwives, nurse practitioner, or
clinical nurse specialist; and
(B) has a focus on maternal or perinatal health.
(2) Maternal mortality.--The term ``maternal mortality''
means a death occurring during or within a one-year period
after pregnancy, caused by pregnancy-related or childbirth
complications, including a suicide, overdose, or other death
resulting from a mental health or substance use disorder
attributed to or aggravated by pregnancy-related or childbirth
complications.
(3) Perinatal health worker.--The term ``perinatal health
worker'' means a doula, community health worker, peer
supporter, breastfeeding and lactation educator or counselor,
nutritionist or dietitian, childbirth educator, social worker,
home visitor, language interpreter, or navigator.
(4) Postpartum and postpartum period.--The terms
``postpartum'' and ``postpartum period'' refer to the 1-year
period beginning on the last day of the pregnancy of an
individual.
(5) Racial and ethnic minority group.--The term ``racial
and ethnic minority group'' has the meaning given such term in
section 1707(g)(1) of the Public Health Service Act (42 U.S.C.
300u-6(g)(1)).
(6) Severe maternal morbidity.--The term ``severe maternal
morbidity'' means a health condition, including mental health
conditions and substance use disorders, attributed to or
aggravated by pregnancy or childbirth that results in
significant short-term or long-term consequences to the health
of the individual who was pregnant.
(7) Social determinants of maternal health.--The term
``social determinants of maternal health'' means non-clinical
factors that impact maternal health outcomes, including--
(A) economic factors, which may include poverty,
employment, food security, support for and access to
lactation and other infant feeding options, housing
stability, and related factors;
(B) neighborhood factors, which may include quality
of housing, access to transportation, access to child
care, availability of healthy foods and nutrition
counseling, availability of clean water, air and water
quality, ambient temperatures, neighborhood crime and
violence, access to broadband, and related factors;
(C) social and community factors, which may include
systemic racism, gender discrimination or
discrimination based on other protected classes,
workplace conditions, incarceration, and related
factors;
(D) household factors, which may include ability to
conduct lead testing and abatement, car seat
installation, indoor air temperatures, and related
factors;
(E) education access and quality factors, which may
include educational attainment, language and literacy,
and related factors; and
(F) health care access factors, including health
insurance coverage, access to culturally congruent
health care services, providers, and non-clinical
support, access to home visiting services, access to
wellness and stress management programs, health
literacy, access to telehealth and items required to
receive telehealth services, and related factors.
SEC. 3. FUNDING FOR MATERNAL MORTALITY REVIEW COMMITTEES TO PROMOTE
REPRESENTATIVE COMMUNITY ENGAGEMENT.
(a) In General.--Section 317K(d) of the Public Health Service Act
(42 U.S.C. 247b-12(d)) is amended by adding at the end the following:
``(9) Grants to promote representative community engagement
in maternal mortality review committees.--
``(A) In general.--The Secretary may, using funds
made available pursuant to subparagraph (C), provide
assistance to an applicable maternal mortality review
committee of a State, Indian tribe, tribal
organization, or urban Indian organization--
``(i) to select for inclusion in the
membership of such a committee community
members from the State, Indian tribe, tribal
organization, or urban Indian organization by--
``(I) prioritizing community
members who can increase the diversity
of the committee's membership with
respect to race and ethnicity,
location, and professional background,
including members with non-clinical
experiences; and
``(II) to the extent applicable,
using funds reserved under subsection
(f), to address barriers to maternal
mortality review committee
participation for community members,
including required training,
transportation barriers, compensation,
and other supports as may be necessary;
``(ii) to establish initiatives to conduct
outreach and community engagement efforts
within communities throughout the State or
Tribe to seek input from community members on
the work of such maternal mortality review
committee, with a particular focus on outreach
to minority women; and
``(iii) to release public reports
assessing--
``(I) the pregnancy-related death
and pregnancy-associated death review
processes of the maternal mortality
review committee, with a particular
focus on the maternal mortality review
committee's sensitivity to the unique
circumstances of pregnant and
postpartum individuals from racial and
ethnic minority groups (as such term is
defined in section 1707(g)(1)) who have
suffered pregnancy-related deaths; and
``(II) the impact of the use of
funds made available pursuant to
subparagraph (C) on increasing the
diversity of the maternal mortality
review committee membership and
promoting community engagement efforts
throughout the State or Tribe.
``(B) Technical assistance.--The Secretary shall
provide (either directly through the Department of
Health and Human Services or by contract) technical
assistance to any maternal mortality review committee
receiving a grant under this paragraph on best
practices for increasing the diversity of the maternal
mortality review committee's membership and for
conducting effective community engagement throughout
the State or Tribe.
``(C) Authorization of appropriations.--In addition
to any funds made available under subsection (f), there
are authorized to be appropriated to carry out this
paragraph $10,000,000 for each of fiscal years 2022
through 2026.''.
(b) Definitions.--Section 317K(e) of the Public Health Service Act
(42 U.S.C. 247b-12(e)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)(B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the term `urban Indian organization' has the meaning
given such term in section 4 of the Indian Health Care
Improvement Act.''.
(c) Reservation of Funds.--Section 317K(f) of the Public Health
Service Act (42 U.S.C. 247b-12(f)) is amended by adding at the end the
following: ``Of the amount made available under the preceding sentence
for a fiscal year, not less than $1,500,000 shall be reserved for
grants to Indian tribes, tribal organizations, or urban Indian
organizations.''.
SEC. 4. DATA COLLECTION AND REVIEW.
Section 317K(d)(3)(A)(i) of the Public Health Service Act (42
U.S.C. 247b-12(d)(3)(A)(i)) is amended--
(1) by redesignating subclauses (II) and (III) as
subclauses (V) and (VI), respectively; and
(2) by inserting after subclause (I) the following:
``(II) to the extent practicable,
reviewing cases of severe maternal
morbidity, according to the most up-to-
date indicators;
``(III) to the extent practicable,
reviewing deaths during pregnancy or up
to 1 year after the end of a pregnancy
from suicide, overdose, or other death
from a mental health condition or
substance use disorder attributed to or
aggravated by pregnancy or childbirth
complications;
``(IV) to the extent practicable,
consulting with local community-based
organizations representing pregnant and
postpartum individuals from demographic
groups disproportionately impacted by
poor maternal health outcomes to ensure
that, in addition to clinical factors,
non-clinical factors that might have
contributed to a pregnancy-related
death are appropriately considered;''.
SEC. 5. REVIEW OF MATERNAL HEALTH DATA COLLECTION PROCESSES AND QUALITY
MEASURES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Administrator for Centers for Medicare & Medicaid Serves
and the Director of the Agency for Healthcare Research and Quality,
shall consult with relevant stakeholders--
(1) to review existing maternal health data collection
processes and quality measures; and
(2) make recommendations to improve such processes and
measures, including topics described in subsection (c).
(b) Collaboration.--In carrying out this section, the Secretary
shall consult with a diverse group of maternal health stakeholders,
which may include--
(1) pregnant and postpartum individuals and their family
members, and nonprofit organizations representing such
individuals, with a particular focus on patients from racial
and ethnic minority groups;
(2) community-based organizations that provide support for
pregnant and postpartum individuals, with a particular focus on
patients from racial and ethnic minority groups;
(3) membership organizations for maternity care providers;
(4) organizations representing perinatal health workers;
(5) organizations that focus on maternal mental or
behavioral health;
(6) organizations that focus on intimate partner violence;
(7) institutions of higher education, with a particular
focus on minority-serving institutions;
(8) licensed and accredited hospitals, birth centers,
midwifery practices, or other medical practices that provide
maternal health care services to pregnant and postpartum
patients;
(9) relevant State and local public agencies, including
State maternal mortality review committees; and
(10) the National Quality Forum, or such other standard-
setting organizations specified by the Secretary.
(c) Topics.--The review of maternal health data collection
processes and recommendations to improve such processes and measures
required under subsection (a) shall assess all available relevant
information, including information from State-level sources, and shall
consider at least the following:
(1) Current State and Tribal practices for maternal health,
maternal mortality, and severe maternal morbidity data
collection and dissemination, including consideration of--
(A) the timeliness of processes for amending a
death certificate when new information pertaining to
the death becomes available to reflect whether the
death was a pregnancy-related death;
(B) relevant data collected with electronic health
records, including data on race, ethnicity,
socioeconomic status, insurance type, and other
relevant demographic information;
(C) maternal health data collected and publicly
reported by hospitals, health systems, midwifery
practices, and birth centers;
(D) the barriers preventing States from correlating
maternal outcome data with race and ethnicity data;
(E) processes for determining the cause of a
pregnancy-associated death in States that do not have a
maternal mortality review committee;
(F) whether maternal mortality review committees
include multidisciplinary and diverse membership (as
described in section 317K(d)(1)(A) of the Public Health
Service Act (42 U.S.C. 247b-12(d)(1)(A));
(G) whether members of maternal mortality review
committees participate in trainings on bias, racism, or
discrimination, and the quality of such trainings;
(H) the extent to which States have implemented
systematic processes of listening to the stories of
pregnant and postpartum individuals and their family
members, with a particular focus on pregnant and
postpartum individuals from racial and ethnic minority
groups (as such term is defined in section 1707(g)(1)
of the Public Health Service Act (42 U.S.C. 300u-
6(g)(1))) and their family members, to fully understand
the causes of, and inform potential solutions to, the
maternal mortality and severe maternal morbidity crisis
within their respective States;
(I) the extent to which maternal mortality review
committees are considering social determinants of
maternal health when examining the causes of pregnancy-
associated and pregnancy-related deaths;
(J) the extent to which maternal mortality review
committees are making actionable recommendations based
on their reviews of adverse maternal health outcomes
and the extent to which such recommendations are being
implemented by appropriate stakeholders;
(K) the legal and administrative barriers
preventing the collection, collation, and dissemination
of State maternity care data;
(L) the effectiveness of data collection and
reporting processes in separating pregnancy-associated
deaths from pregnancy-related deaths;
(M) the current Federal, State, local, and Tribal
funding support for the activities referred to in
subparagraphs (A) through (L).
(2) Whether the funding support referred to in paragraph
(1)(M) is adequate for States to carry out optimal data
collection and dissemination processes with respect to maternal
health, maternal mortality, and severe maternal morbidity.
(3) Current quality measures for maternity care, including
prenatal measures, labor and delivery measures, and postpartum
measures, including topics such as--
(A) effective quality measures for maternity care
used by hospitals, health systems, midwifery practices,
birth centers, health plans, and other relevant
entities;
(B) the sufficiency of current outcome measures
used to evaluate maternity care for driving improved
care, experiences, and outcomes in maternity care
payment and delivery system models;
(C) maternal health quality measures that other
countries effectively use;
(D) validated measures that have been used for
research purposes that could be tested, refined, and
submitted for national endorsement;
(E) barriers preventing maternity care providers
and insurers from implementing quality measures that
are aligned with best practices;
(F) the frequency with which maternity care quality
measures are reviewed and revised;
(G) the strengths and weaknesses of the Prenatal
and Postpartum Care measures of the Health Plan
Employer Data and Information Set measures established
by the National Committee for Quality Assurance;
(H) the strengths and weaknesses of maternity care
quality measures under the Medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
and the Children's Health Insurance Program under title
XXI of such Act (42 U.S.C. 1397 et seq.), including the
extent to which States voluntarily report relevant
measures;
(I) the extent to which maternity care quality
measures are informed by patient experiences that
include measures of patient-reported experience of
care;
(J) the current processes for collecting stratified
data on the race and ethnicity of pregnant and
postpartum individuals in hospitals, health systems,
midwifery practices, and birth centers, and for
incorporating such racially and ethnically stratified
data in maternity care quality measures;
(K) the extent to which maternity care quality
measures account for the unique experiences of pregnant
and postpartum individuals from racial and ethnic
minority groups (as such term is defined in section
1707(g)(1) of the Public Health Service Act (42 U.S.C.
300u-6(g)(1))); and
(L) the extent to which hospitals, health systems,
midwifery practices, and birth centers are implementing
existing maternity care quality measures.
(4) Recommendations on authorizing additional funds and
providing additional technical assistance to improve maternal
mortality review committees and State and Tribal maternal
health data collection and reporting processes.
(5) Recommendations for new authorities that may be granted
to maternal mortality review committees to be able to--
(A) access records from other Federal and State
agencies and departments that may be necessary to
identify causes of pregnancy-associated and pregnancy-
related deaths that are unique to pregnant and
postpartum individuals from specific populations, such
as veterans and individuals who are incarcerated; and
(B) work with relevant experts who are not members
of the maternal mortality review committee to assist in
the review of pregnancy-associated deaths of pregnant
and postpartum individuals from specific populations,
such as veterans and individuals who are incarcerated.
(6) Recommendations to improve and standardize current
quality measures for maternity care, with a particular focus on
racial and ethnic disparities in maternal health outcomes.
(7) Recommendations to improve the coordination by the
Department of Health and Human Services of the efforts
undertaken by the agencies and organizations within the
Department related to maternal health data and quality
measures.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress and make publicly
available a report on the results of the review of maternal health data
collection processes and quality measures and recommendations to
improve such processes and measures required under subsection (a).
(e) Definitions.--In this section:
(1) Maternal mortality review committee.--The term
``maternal mortality review committee'' means a maternal
mortality review committee duly authorized by a State and
receiving funding under section 317K(a)(2)(D) of the Public
Health Service Act (42 U.S.C. 247b-12(a)(2)(D)).
(2) Pregnancy-associated death.--The term ``pregnancy-
associated'', with respect to a death, means a death of a
pregnant or postpartum individual, by any cause, that occurs
during, or within 1 year following, the individual's pregnancy,
regardless of the outcome, duration, or site of the pregnancy.
(3) Pregnancy-related death.--The term ``pregnancy-
related'', with respect to a death, means a death of a pregnant
or postpartum individual that occurs during, or within 1 year
following, the individual's pregnancy, from a pregnancy
complication, a chain of events initiated by pregnancy, or the
aggravation of an unrelated condition by the physiologic
effects of pregnancy.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2022 through 2025.
SEC. 6. INDIAN HEALTH SERVICE STUDY AND REPORT ON MATERNAL MORTALITY
AND SEVERE MATERNAL MORBIDITY.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Indian Health Service.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Maternal mortality review committee.--The term
``maternal mortality review committee'' means a maternal
mortality review committee duly authorized by a State and
receiving funding under section 317k(a)(2)(D) of the Public
Health Service Act (42 U.S.C. 247b-12(a)(2)(D)).
(4) Tribal epidemiology center.--The term ``Tribal
epidemiology center'' means a Tribal epidemiology center
established under section 214 of the Indian Health Care
Improvement Act (25 U.S.C. 1621m).
(5) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Urban indian organization.--The term ``urban Indian
organization'' has the meaning given the term in section 4 of
the Indian Health Care Improvement Act (25 U.S.C. 1603).
(b) Study and Report.--
(1) Study.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Director, in
coordination with the individuals selected under
subsection (c), shall enter into an agreement with an
independent research organization or a Tribal
epidemiology center to conduct a comprehensive study on
maternal mortality and severe maternal morbidity in
Indian and Alaska Native populations.
(B) Report.--The agreement entered into under
subparagraph (A) shall require that the independent
research organization or Tribal epidemiology center
submit to the Director a report describing the results
of the study conducted pursuant to that agreement by
not later than 2 years after the date of enactment of
this Act.
(2) Contents of study.--The study conducted under paragraph
(1) shall--
(A) examine the causes of maternal mortality and
severe maternal morbidity that are unique to Indians
and Alaska Natives;
(B) include a systematic process of listening to
the stories of pregnant and postpartum Indians and
Alaska Natives to fully understand the causes of, and
inform potential solutions to, the maternal mortality
and severe maternal morbidity crisis within the Indian
and Alaska Native communities;
(C) identify the different settings in which
pregnant and postpartum Indians and Alaska Natives
receive maternity care, such as--
(i) facilities operated by the Indian
Health Service;
(ii) an Indian health program operated by
an Indian Tribe or tribal organization pursuant
to a grant from, or contract, cooperative
agreement, or compact with, the Indian Health
Service pursuant to the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5301 et seq.); and
(iii) an urban Indian health program
operated by an urban Indian organization
pursuant to a grant from or contract with the
Indian Health Service pursuant to title V of
the Indian Health Care Improvement Act (25
U.S.C. 1651 et seq.);
(D) determine the different landscapes of maternity
care received by pregnant and postpartum Indians and
Alaska Natives at the different settings identified
under subparagraph (C);
(E) review processes for coordinating programs of
the Indian Health Service with social services provided
through other programs administered by the Secretary of
Health and Human Services (other than the Medicare
program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.), the Medicaid program under
title XIX of that Act (42 U.S.C. 1396 et seq.), and the
State Children's Health Insurance Program established
under title XXI of that Act (42 U.S.C. 1397aa et
seq.));
(F) review current data collection and quality
measurement processes and practices with respect to
pregnant and postpartum Indians and Alaska Natives;
(G) assess causes and frequency of maternal mental
health conditions and substance use disorders with
respect to Indians and Alaska Natives;
(H) consider social determinants of health,
including poverty, lack of health insurance,
unemployment, sexual violence, and environmental
conditions in Tribal areas;
(I) consider the role that historical mistreatment
of Indian and Alaska Native women has played in causing
currently high rates of maternal mortality and severe
maternal morbidity;
(J) consider how current funding of the Indian
Health Service affects the ability of the Indian Health
Service to deliver quality maternity care; and
(K) consider the extent to which the delivery of
maternity care services is culturally appropriate for
pregnant and postpartum Indians and Alaska Natives.
(3) Report.--Not later than 3 years after the date of
enactment of this Act, the Director shall submit to Congress a
report describing the results of the study conducted under
paragraph (1), including recommendations for policies and
practices that can be adopted to improve maternal health
outcomes for pregnant and postpartum Indians and Alaska
Natives, including recommendations--
(A) on how to improve maternal health outcomes for
Indians and Alaska Natives receiving care at the
different settings identified under paragraph (2)(C);
(B) on how to reduce misclassification of pregnant
and postpartum Indians and Alaska Natives, including
consideration of best practices in training for members
of maternal mortality review committees to be able to
correctly classify Indians and Alaska Natives; and
(C) informed by the stories shared by pregnant and
postpartum Indians and Alaska Natives under paragraph
(2)(B) to improve maternal health outcomes for those
individuals.
(c) Participating Individuals.--
(1) In general.--The Director shall select from among
individuals nominated by Indian Tribes, tribal organizations,
and urban Indian organizations 12 individuals for participation
in the study conducted under subsection (b)(1).
(2) Requirement.--In selecting members under paragraph (1),
the Director shall ensure that each of the 12 service areas of
the Indian Health Service is represented.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2022 through 2024.
SEC. 7. GRANTS TO MINORITY-SERVING INSTITUTIONS TO STUDY MATERNAL
MORTALITY, SEVERE MATERNAL MORBIDITY, AND OTHER ADVERSE
MATERNAL HEALTH OUTCOMES.
(a) In General.--The Secretary of Health and Human Services shall
establish a program under which the Secretary shall award grants to
research centers, health professions schools and programs, and other
entities at minority-serving institutions to study specific aspects of
the maternal health crisis among pregnant and postpartum individuals
from racial and ethnic minority groups. Such research may--
(1) include the development and implementation of
systematic processes of listening to the stories of pregnant
and postpartum individuals from racial and ethnic minority
groups, and perinatal health workers supporting such
individuals, to fully understand the causes of, and inform
potential solutions to, the maternal mortality and severe
maternal morbidity crisis within their respective communities;
(2) assess the potential causes of relatively low rates of
maternal mortality among Hispanic individuals, including
potential racial misclassification and other data collection
and reporting issues that might be misrepresenting maternal
mortality rates among Hispanic individuals in the United
States; and
(3) assess differences in rates of adverse maternal health
outcomes among subgroups identifying as Hispanic.
(b) Application.--To be eligible to receive a grant under
subsection (a), an entity described in such subsection shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(c) Technical Assistance.--The Secretary may use not more than 10
percent of the funds made available under subsection (g)--
(1) to conduct outreach to minority-serving institutions to
raise awareness of the availability of grants under this
subsection (a);
(2) to provide technical assistance in the application
process for such a grant; and
(3) to promote capacity building as needed to enable
entities described in such subsection to submit such an
application.
(d) Reporting Requirement.--Each entity awarded a grant under this
section shall periodically submit to the Secretary a report on the
status of activities conducted using the grant.
(e) Evaluation.--Beginning one year after the date on which the
first grant is awarded under this section, the Secretary shall submit
to Congress an annual report summarizing the findings of research
conducted using funds made available under this section.
(f) Minority-Serving Institutions Defined.--In this section, the
term ``minority-serving institution'' has the meaning given the term in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 through 2026.
<all>
|
Data to Save Moms Act
|
A bill to improve the collection and review of maternal health data to address maternal mortality, serve maternal morbidity, and other adverse maternal health outcomes.
|
Data to Save Moms Act
|
Sen. Smith, Tina
|
D
|
MN
|
11,318
| 4,558
|
S.336
|
Public Lands and Natural Resources
|
This bill reauthorizes through FY2036 the authority of the Department of the Interior to make any grants or provide any financial assistance for the Ohio & Erie National Heritage Canalway in Ohio.
The bill increases the total amount that may be appropriated for the canalway.
|
To amend the Omnibus Parks and Public Lands Management Act of 1996 to
reauthorize the Ohio & Erie National Heritage Canalway, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REAUTHORIZATION OF OHIO & ERIE NATIONAL HERITAGE CANALWAY.
Division II of the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104-333; 110 Stat. 4274; 122 Stat. 824; 122 Stat. 826;
127 Stat. 3801; 127 Stat. 420; 128 Stat. 314; 133 Stat. 778) is
amended--
(1) in section 809, by striking ``2021'' and inserting
``2036''; and
(2) in section 810(a), by striking ``$20,000,000'' and
inserting ``$30,000,000''.
<all>
|
A bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to reauthorize the Ohio & Erie National Heritage Canalway, and for other purposes.
|
A bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to reauthorize the Ohio & Erie National Heritage Canalway, and for other purposes.
|
Official Titles - Senate
Official Title as Introduced
A bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to reauthorize the Ohio & Erie National Heritage Canalway, and for other purposes.
|
Sen. Brown, Sherrod
|
D
|
OH
|
11,319
| 3,118
|
S.3573
|
International Affairs
|
This bill requires the Department of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office (TECRO) to rename its office in Washington, DC, the Taiwan Representative Office. (The U.S.-Taiwan relationship is unofficial, and TECRO is Taiwan's principal representative office in the United States.)
|
To direct the Secretary of State to seek to enter into negotiations
with the Taipei Economic and Cultural Representative Office to rename
its office the ``Taiwan Representative Office'', and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DESIGNATION OF AND REFERENCES TO TAIWAN REPRESENTATIVE
OFFICE.
(a) Statement of Policy.--It shall be the policy of the United
States, consistent with the Taiwan Relations Act (22 U.S.C. 3301 et
seq.) and the Six Assurances, to provide the people of Taiwan with de
facto diplomatic treatment equivalent to foreign countries, nations,
states, governments, or similar entities, and, consistent with this
policy, to rename the ``Taipei Economic and Cultural Representative
Office'' in the United States as the ``Taiwan Representative Office''.
(b) Renaming.--The Secretary of State shall seek to enter into
negotiations with the Taipei Economic and Cultural Representative
Office to rename its office in Washington, DC, the ``Taiwan
Representative Office''.
(c) References.--If the Taipei Economic and Cultural Representative
Office is designated as the Taiwan Representative Office, any reference
in a law, map, regulation, document, paper, or other record of the
United States Government to the Taipei Economic and Cultural
Representative Office shall be deemed to be a reference to the Taiwan
Representative Office, including for all official purposes of the
United States Government, all courts of the United States, and any
proceedings therein.
(d) Rule of Construction.--Nothing in this section shall be
construed as entailing restoration of diplomatic relations with the
Republic of China (Taiwan) or altering the position of the United
States with respect to the international status of Taiwan.
<all>
|
A bill to direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the "Taiwan Representative Office", and for other purposes.
|
A bill to direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the "Taiwan Representative Office", and for other purposes.
|
Official Titles - Senate
Official Title as Introduced
A bill to direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the "Taiwan Representative Office", and for other purposes.
|
Sen. Rubio, Marco
|
R
|
FL
|
11,320
| 2,504
|
S.1644
|
Health
|
Promising Pathway Act
This bill establishes a provisional approval pathway for medicines intended for serious or life-threatening diseases, including illnesses posing a threat of epidemic or pandemic. The period of the provisional approval is for two years and is potentially renewable.
The Food and Drug Administration (FDA) must establish a priority review system to evaluate completed provisional approval applications within 90 days of receipt. A provisional approval application may be approved if the FDA determines that (1) there is substantial evidence of safety for the drug; and (2) there is relevant early evidence of efficacy, based on adequate and well-controlled investigations.
During the COVID-19 (i.e., coronavirus disease 2019) pandemic, or another epidemic or pandemic, the FDA must accept and review various portions of a provisional approval application on a rolling basis.
The manufacturer of a provisionally approved drug must require patients to participate in an observational registry. A manufacturer that fails to comply with registry requirements is subject to civil penalties.
A provisionally approved drug must be labeled as such.
If a drug that receives provisional approval status is not brought to market within 180 days of the approval, the approval must be rescinded.
The bill also limits the liability of a manufacturer of a provisionally approved drug with respect to any claim under state law alleging that the drug is unsafe or ineffective.
Private health insurers and federal health care programs shall not deny coverage of a provisionally approved drug on the basis of it being experimental.
|
To amend the Federal Food, Drug, and Cosmetic Act to establish a time-
limited provisional approval pathway, subject to specific obligations,
for certain drugs and biological products, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promising Pathway Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The drugs and biological products intended to be
reviewed under the pathway established under this Act are for
the treatment and prevention of serious diseases or conditions,
especially those for which there are no available on-label
meaningful or disease-modifying treatments, where speed to
access is critical.
(2) The approval pathway established under this Act is
intended to allow drug and biological product applications to
be more rapidly reviewed by the U.S. Food and Drug
Administration (FDA), with the FDA reviewing various portions
of new drug and biological product applications as they become
available.
(3) The approval pathway established under this Act
establishes a clear approval pathway that can be utilized by
sponsors to receive rolling review of applications for drugs
and biological products intended to treat serious diseases,
including drugs and biological products intended to treat
COVID-19 that reduce the risk of death, severe disease, and
progression of symptoms in those exposed to the virus.
(4) The approval pathway established under this Act will
enable sponsors to receive early, time-limited, and provisional
approval for drugs and biological products that have
demonstrated substantial evidence of safety and relevant early
evidence that establishes that the drug provides a positive
therapeutic outcome.
(5) The approval pathway established under this Act will
allow for the use of real-world evidence and scientifically
substantiated surrogates, other than those previously validated
by the FDA, to predict the clinical benefits and ultimately
support provisional approval.
(6) Drugs and biological products granted provisional
approval under the pathway established under this Act are
limited to a 2-year approval period, renewable every 2 years,
for up to 6 years. Full approval can awarded at any time, for
any drug or biological product provisionally approved under
this pathway that establishes a 15 percent improvement in an
important endpoint compared to standard therapies.
(7) The approval pathway established under this Act
prohibits denial of coverage for any drug or biological product
provisionally approved under this approval pathway on account
of it being experimental.
(8) Informed consent is required for any patients using a
drug or biological product approved under the provisional
approval pathway established under this Act. Any patients using
a drug or biological product reviewed under this approval
pathway must participate in an observational registry until
those drugs or biological products receive full approval, with
approval contingent on registry participation.
(9) This Act requires that registries track aggregated, de-
identified data that will be readily available to approved
researchers for public health research purposes.
(10) This Act creates, within the Office of the
Commissioner at the FDA, the position of the Patient Advocate
General to provide assistance to patients and their families
utilizing drugs and biological products.
SEC. 3. PROVISIONAL APPROVAL OF NEW HUMAN DRUGS.
(a) In General.--Subchapter A of chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at
the end of the following:
``SEC. 524B. PROVISIONAL APPROVAL OF NEW HUMAN DRUGS.
``(a) Priority Review and Evaluation of Applications.--
``(1) In general.--The Secretary shall establish a priority
review system to evaluate applications submitted under this
pathway for provisional approval within 90 days of receipt of a
completed application.
``(2) Review of applications during epidemics and
pandemics.--In the case of an epidemic or pandemic, including
with respect to COVID-19, the Secretary shall accept and review
various portions of an application submitted under the pathway
under this section for provisional approval on a rolling basis,
and the review of any part of an application so submitted shall
be completed not later than 3 weeks after submission.
``(3) Other designations.--If a drug submitted for review
under the pathway under this section is eligible for a special
designation by the Secretary under this Act, including as a
drug for a rare disease or condition under section 526, all
benefits of such other designation shall be available for use
under provisional approval, including any tax credits and
waiving of fees under chapter VII.
``(b) Eligibility.--A drug may be eligible for provisional approval
under this section if the Secretary determines that the drug is
intended for the treatment, prevention, or medical diagnosis of--
``(1) a serious or life-threatening disease or condition
for which there is a reasonable likelihood that premature death
will occur without early medical intervention for an individual
contracting or being diagnosed with such disease or condition;
or
``(2) a disease or condition that poses a threat of
epidemic or pandemic.
``(c) Standard of Review for Approval.--
``(1) Requirements.--An application for provisional
approval under this section may be approved only if the
Secretary determines that--
``(A) there is substantial evidence of safety for
the drug, such that there is evidence consisting of
adequate and well-controlled investigations, including
clinical investigations, by experts qualified by
scientific training and experience to evaluate the
safety of the drug involved, on the basis of which it
could fairly and responsibly be concluded that the drug
will have the effect it purports or is represented to
have under the conditions of use prescribed,
recommended, or suggested in the labeling or proposed
labeling; and
``(B) there is relevant early evidence based on
adequate and well-controlled investigations, including
early-stage clinical investigations, to establish
that--
``(i) the drug provides a positive
therapeutic outcome; and
``(ii) the outcome of the drug is
consistent with or greater than currently
marketed on-label therapies, with equal or
fewer side effects, if there are currently
marketed on-label therapies.
``(2) Protocols.--The Secretary shall promulgate rules that
establish the appropriate protocols for a sponsor of an
application for provisional approval under this section and the
Commissioner to follow to enable rolling, real-time, mid-trial
submission while preserving the integrity of the ongoing trial
and without penalizing the sponsor for making use of this
pathway.
``(3) Real world evidence.--The Secretary shall allow the
use of real world evidence (as defined in section 505F(b)),
including real world data used to generate real world evidence,
to support an application for provisional approval under this
section, and to fulfill the follow-up requirements and support
applications for full approval as described under section 505
or section 351 of the Public Health Service Act, as applicable.
``(4) Use of scientifically substantiated surrogates.--
``(A) In general.--The sponsor of an application
for provisional approval under this section may use
scientifically substantiated surrogates to support such
application.
``(B) Definition.--In subparagraph (A), the term
`scientifically substantiated surrogates' means
surrogate endpoints to predict clinical benefit other
than such endpoints previously validated by the
Secretary, based on--
``(i) epidemiologic, therapeutic,
pathophysiologic, or other evidence; or
``(ii) an effect on a clinical endpoint
other than survival or irreversible morbidity
of interest.
``(d) Transparency and Patient Monitoring Requirements.--
``(1) Registries.--
``(A) In general.--The sponsor of a drug
provisionally approved under this section shall require
that all patients who use such drug participate in an
observational registry and consent to the sponsor's
collection, and submission to the registry, of data
related to the patient's use of such drug until such
drug receives full approval under section 505 or
section 351 of the Public Health Service Act, or the
provisional approval is rescinded.
``(B) Requirements for registries.--An
observational registry described in subparagraph (A)
may be run by a third party, such as a government, for
profit, or non-profit organization, and shall track all
patients who use the provisionally approved drug.
``(C) Accessibility.--An observational registry
described in subparagraph (A) shall be easily
accessible for--
``(i) all patients who are participating in
any registry related to a provisionally
approved drug that allows for easy,
unrestricted (or transparent) access for such
patients to their patient data and related
information regarding their usage of the
provisionally approved drug; and
``(ii) approved researchers and medical
professionals who may access data maintained in
the registry, which access shall be for public
health research and only in a de-identified,
aggregated manner.
``(2) Funding.--An observational registry under this
subsection shall be maintained, as applicable--
``(A) by the sponsor of the drug provisionally
approved under this section that is the subject of the
registry;
``(B) by a third party, such as a government, for
profit, or nonprofit organization; or
``(C) the Federal Government, in the case of any
drug so approved that is intended to treat a disease or
condition associated with an epidemic or pandemic.
``(3) Sponsor requirements.--
``(A) In general.--For any drug application
provisionally approved under this section, the
Secretary shall notify the sponsor of the exact data
such sponsor is required to submit to an observational
registry.
``(B) Annual review of the registry; penalties.--
The Secretary shall conduct an annual review of
observational registries established under this
subsection. If, at such an annual review, less than 90
percent of patients are participating in an
observational registry with respect to a drug approved
under this section, the Secretary shall issue to the
sponsor of such drug a civil monetary penalty of not
more than $100,000. If a violation of this section is
not corrected within the 30-day period following
notification, the sponsor shall, in addition to any
penalty under this subparagraph be subject to a civil
monetary penalty of not more than $10,000 for each day
of the violation after such period until the violation
is corrected. If application patient participation in
an observational registry is not at or above 90 percent
within 6 months of issuance of such penalty, the
provisional approval shall be withdrawn.
``(4) Annual report to congress.--The Secretary shall
submit an annual report to Congress on all drugs granted
provisional approval under this section. Such report shall
include--
``(A) the number of patients treated with each such
drug, and the number of patients tracked in an
observational registry with respect to each such drug;
``(B) a discussion of the minimum amount of data
required in the registries, including patient
treatments and uses, length of use, side effects
encountered, relevant biomarkers or scientifically
substantiated surrogates, scan results, cause of death
and how long the patient lived, and adverse drug
effects;
``(C) a list of all such drugs for which an
application for full approval under section 505 of this
Act or section 351 of the Public Health Service Act, or
an application for an extension of provisional approval
under this section, has been submitted; and
``(D) a list of all applications denied provisional
approval under this section, together with an
explanation for the decisions to deny each such
application.
``(e) Withdrawal of Provisional Approval.--
``(1) In general.--The Secretary shall withdraw provisional
approval under this section if there are a significant numbers
of patients who experience serious adverse effects, compared to
the other currently marketed on-label therapies that are
available for the applicable disease or condition.
``(2) Effect of withdrawal.--If a provisional approval is
withdrawn under this subsection, the sponsor may not make the
drug available to any new patients, but may be allowed to
continue to make such drug available to patients who started
taking the drug prior to the date of withdrawal, for as long a
period as dictated by patient need, as determined by the
Secretary.
``(f) Transparency.--Any scientific, medical, academic, or health
care journal publishing an article explaining, releasing, conveying or
announcing research findings which were funded by the Department of
Health and Human Services shall be prohibited from publishing such
research unless--
``(1) such article conveying research findings is made
publicly available on the journal's internet website without a
paywall or charge not later than 3 months after the date on
which such article was first provided to subscribers of such
journal (or first made available for purchase); and
``(2) the article's author or researcher or author's
institution (or, in the case of multiple authors, researchers,
or institutions, all such authors, researchers, or
institutions) received less than 30 percent of funding for such
research from the Department of Health and Human Services
throughout the period of time the research was conducted.
``(g) Informed Consent.--Prior to receiving a drug provisionally
approved under this section, the sponsor of the drug shall receive from
each patient, or the patient's representative, informed consent,
through a signed informed consent form, acknowledging that such patient
understands that the drug did not undergo the usual process for full
approval of a drug by the Food and Drug Administration, and that such
patient is willing to accept the risks involved in taking such drug.
``(h) Postmarket Controls and Labeling.--
``(1) FDA annual review of registry data.--The Secretary
shall annually review the data made available through the
observational registries under subsection (d) and make a
determination regarding whether the side effect profile of any
drug approved under this pathway does not support the benefit
provided, or the data shows the benefit is less than the
benefits offered through other, fully approved drugs.
``(2) Labeling.--The sponsor of the provisionally approved
drug shall ensure that all labeling and promotional materials
for the drug bear the statement `provisionally approved by the
FDA pending a full demonstration of effectiveness under
application number ______' (specifying the application number
assigned by the Secretary in place of the blank). All
promotional, educational and marketing materials for
provisionally approved products shall be reviewed and approved
by the Secretary before such materials are distributed.
``(3) Rescission of provisional approval.--If the Secretary
determines that the side effect profile of any drug included in
such observational registries does not support the benefit
provided by such drug, or that the data shows that the benefit
is less than the benefits offered through other, fully approved
drugs, the Secretary shall rescind such provisional approval.
``(i) Duration of Provisional Approval; Requirement To Bring Drug
to Market.--
``(1) Duration; renewals.--The period of provisional
approval for a drug approved under this section is effective
for a 2-year period. The sponsor may request renewal for
provisional approval status for up to 3 subsequent 2-year
periods by the Secretary. Provisional approval status with
respect to a drug shall not exceed a total of 6 years from the
initial date the sponsor was awarded provisional approval
status.
``(2) Marketing requirement.--If any drug that receives
provisional approval status under this section is not brought
to market within 180 days of the approval, such approval shall
be rescinded.
``(j) Limitation on Liability.--With respect to any claim under
State law alleging that a drug sold or otherwise made available
pursuant to a grant of provisional approval under this section is
unsafe or ineffective, no liability in a cause of action shall lie
against a sponsor or manufacturer, unless the relevant conduct
constitutes reckless or willful misconduct, gross negligence, or an
intentional tort under any applicable State law.
``(k) Applying for Full Approval.--
``(1) In general.--Except as provided under paragraph (2),
the sponsor of a drug granted provisional approval pursuant to
this section may, at any point, submit an application for full
approval of such drug under section 505 of this Act or section
351 of the Public Health Service Act, as applicable.
``(2) Effect of recession on approval and automatic
approval.--
``(A) In general.--The sponsor of a drug granted
provisional approval pursuant to this section that has
been rescinded under subsection (h)(3), may submit an
application for full approval of such drug under
section 505 of this Act or section 351 of the Public
Health Service Act at any time.
``(B) Automatic approval.--Such full approval may
be awarded at any time for any drug granted provisional
approval pursuant to this section if the sponsor of the
drug establishes a 15 percent improvement in an
important endpoint, including surrogate endpoints not
validated by the Food and Drug Administration, compared
to a standard drug.
``(3) Real-time epidemic and pandemic vaccine approval.--
``(A) In general.--In the case of a vaccine
developed in response to an epidemic or pandemic,
including COVID-19, the Secretary shall share data
information regarding the approval of the vaccine with
the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention as the
review nears completion.
``(B) Evaluation.--Any vaccine that has been
approved by the Secretary for an epidemic or pandemic-
related disease, including COVID-19, shall be evaluated
by the Advisory Committee on Immunization Practices of
the Centers for Disease Control and Prevention not
later than 1 week after the date of submission to the
Advisory Committee by the Secretary of the vaccine.
``(l) Patient Advocate General.--Not later than 6 months after the
date of enactment of the Promising Pathway Act, the Secretary shall
establish within the Office of the Commissioner, the position of
Patient Advocate General, who shall provide assistance to patients and
their families who use drugs under evaluation in this pathway or drugs
reviewed or approved under section 505 or section 351 of the Public
Health Service Act. Such assistance shall include providing bi-
informational communication about maintaining patient health, delivery
of proper informed consent, participating in clinical investigations,
completing required documentation in order to participate in the
applicable programs, and providing other information.''.
(b) Conforming Amendment.--Section 505(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(a)) is amended by inserting ``,
or there is in effect a provisional approval under section 524B with
respect to such drug'' before the period.
(c) Reimbursement.--
(1) Private health insurers.--Section 2719A of the Public
Health Service Act (42 U.S.C. 300gg-19a) is amended by adding
at the end the following:
``(e) Treatment of Certain Drugs.--A group health plan or health
insurance issuer of group or individual health insurance coverage shall
not deny coverage of any drug provisionally approved under section 524B
of the Federal Food, Drug, and Cosmetic Act on the basis of such drug
being experimental. In determining coverage under the applicable plan
or coverage, a group health plan or health insurance issuer shall treat
a drug provisionally approved under such section in the same manner as
such plan or coverage would treat a drug approved under section 505 of
the Federal Food, Drug, and Cosmetic Act or section 351 of this Act.
Nothing in this subsection shall be construed to require a group health
plan or health insurance issuer to cover any specific drug
provisionally approved under such section 524B.''.
(2) Federal health care programs.--The requirement under
subsection (e) of section 2719A of the Public Health Service
Act (as added by paragraph (1)) shall apply with respect to
coverage determinations under a Federal health care program (as
defined in section 1128B(f) of the Social Security Act (42
U.S.C. 1320a-7b(f))) in the same manner such requirement
applies under such subsection (e).
(3) Conforming amendment.--Section 1927(k)(2)(A)(i) of the
Social Security Act (42 U.S.C. 1396r-8(k)(2)(A)(i)) is
amended--
(A) by striking ``or which'' and inserting ``,
which''; and
(B) by inserting ``, or which is provisionally
approved under section 524B of such Act'' before the
semicolon.
<all>
|
Promising Pathway Act
|
A bill to amend the Federal Food, Drug, and Cosmetic Act to establish a time-limited provisional approval pathway, subject to specific obligations, for certain drugs and biological products, and for other purposes.
|
Promising Pathway Act
|
Sen. Braun, Mike
|
R
|
IN
|
11,321
| 6,745
|
H.R.6447
|
Government Operations and Politics
|
Financial Accountability for Uniquely Compensated Individuals Act or the FAUCI Act
This bill broadens the scope of executive branch employees and officers whose financial disclosures are subject to automatic electronic publication by including highly compensated executive branch officers and employees.
The bill also requires the Office of Government Ethics to provide public access to a list of highly compensated executive branch officers and employees who file confidential financial disclosures under existing law, including the specific types of information disclosed in the confidential report.
|
To amend the STOCK Act to require the public availability of financial
disclosure forms of certain special consultants and information
relating to certain confidential filers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Accountability for
Uniquely Compensated Individuals Act'' or the ``FAUCI Act''.
SEC. 2. PUBLIC AVAILABILITY OF FINANCIAL DISCLOSURE FORMS OF CERTAIN
SPECIAL CONSULTANTS AND INFORMATION RELATING TO CERTAIN
CONFIDENTIAL FILERS.
(a) In General.--Section 11(b)(1) of the STOCK Act (Public Law 112-
105; 5 U.S.C. App. 105 note) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, through databases maintained on the official website of the
Office of Government Ethics'' after ``enable'';
(2) by striking the undesignated matter following
subparagraph (B); and
(3) in subparagraph (B)--
(A) in each of clauses (i) and (iii), by striking
the comma at the end of the clause and inserting a
semicolon;
(B) in clause (i), by inserting ``any officer or
employee in the executive branch (including a special
Government employee (as defined in section 202 of title
18, United States Code) and any special consultant
appointed under section 207(f) of the Public Health
Service Act (42 U.S.C. 209(f))) whose annual rate of
pay is equal to or greater than the annual rate of pay
for a Member of Congress under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C.
4501),'' before ``and any officer'';
(C) in clause (ii), by striking ``, and'' at the
end and inserting a semicolon;
(D) in clause (iii), by adding ``and'' at the end;
and
(E) by inserting after clause (iii) the following:
``(iv) a list of the name, position, and
salary of each individual whose annual rate of
pay is equal to or greater than the annual rate
of pay for a Member of Congress under section
601(a) of the Legislative Reorganization Act of
1946 (2 U.S.C. 4501) that filed a confidential
financial disclosure report under section
107(a)(1) of the Ethics in Government Act of
1978 (5 U.S.C. App.), including a description
of the specific type of information included in
the financial disclosure report filed by the
individual.''.
(b) Applicable Deadlines.--The Director of the Office of Government
Ethics shall publish on the public website of the Office of Government
Ethics any information with respect to which public access is required
by an amendment made by subsection (a)--
(1) not later than 45 days after the date of enactment of
this Act, in the case of information required for calendar year
2020;
(2) not later than 180 days after the date of enactment of
this Act, in the case of information required for each of
calendar years 2017 through 2019;
(3) not later than 1 year after the date of enactment of
this Act, in the case of information required for each of
calendar years 2014 through 2016;
(4) not later than May 15, 2022, in the case of information
required for calendar year 2021;
(5) not later than 30 days after the date on which the
financial disclosure is filed, in the case of information
required by an amendment made by subsection (a)(3)(B) for
calendar year 2022 and each calendar year thereafter; and
(6) not later than May 15 of the subsequent calendar year,
in the case of information required by an amendment made by
subsection (a)(3)(E) for calendar year 2022 and each calendar
year thereafter.
<all>
|
FAUCI Act
|
To amend the STOCK Act to require the public availability of financial disclosure forms of certain special consultants and information relating to certain confidential filers, and for other purposes.
|
FAUCI Act
Financial Accountability for Uniquely Compensated Individuals Act
|
Rep. Gooden, Lance
|
R
|
TX
|
11,322
| 13,022
|
H.R.2431
|
Environmental Protection
|
Voices for Environmental Justice Act
This bill authorizes the Environmental Protection Agency (EPA) to award grants to eligible entities to participate in decisions impacting the health and safety of their communities in connection with an actual or potential release of a covered hazardous air pollutant. Additionally, the bill authorizes the EPA to award grants to eligible entities to participate in decisions impacting the health and safety of their communities relating to the permitting or permit renewal of a solid waste disposal facility or hazardous waste facility.
An eligible entity must be a group of individuals who reside in a community that (1) is a population or community of color, an indigenous community, or a low-income community; and (2) is in close proximity to the site of an actual or potential release of a covered hazardous air pollutant.
Covered hazardous air pollutants include those listed on the Toxics Release Inventory or those identified as carcinogenic by an assessment under the Integrated Risk Information System of the EPA.
|
To authorize the Administrator of the Environmental Protection Agency
to award grants to entities to enable such entities to participate in
decisions impacting the health and safety of their communities in
connection with the release of certain hazardous air pollutants and the
permitting of solid waste disposal facilities and hazardous waste
facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voices for Environmental Justice
Act''.
SEC. 2. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS.
Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended
by adding at the end the following new section:
``SEC. 330. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE
GRANTS.
``(a) In General.--The Administrator may award grants to eligible
entities to enable such entities to participate in decisions impacting
the health and safety of their communities in connection with an actual
or potential release of a covered hazardous air pollutant.
``(b) Timing.--
``(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the process for eligible entities to apply
for a grant under this section, including the required content
and form of applications, the manner in which applications must
be submitted, and any applicable deadlines.
``(2) First grant.--Not later than 180 days after the
issuance of guidance under paragraph (1), the Administrator
shall award the first grant under this section.
``(c) Eligible Entity.--To be eligible for a grant under this
section, an applicant shall be a group of individuals who reside in a
community that--
``(1) is a population of color, a community of color, an
indigenous community, or a low-income community; and
``(2) is in close proximity to the site of an actual or
potential release of a covered hazardous air pollutant.
``(d) Use of Funds.--An eligible entity receiving a grant under
this section shall use the grant to participate in decisions impacting
the health and safety of the community involved in connection with an
actual or potential release of a covered hazardous air pollutant,
including--
``(1) interpreting information with regard to the nature of
the hazard, cumulative impacts studies, health impacts studies,
remedial investigation and feasibility studies, agency
decisions, remedial design, and operation and maintenance of
necessary monitors; and
``(2) performing additional air pollution monitoring.
``(e) Limitations on Amount; Renewal.--
``(1) Amount.--
``(A) In general.--The amount of a grant under this
section (excluding any renewals of the grant) may not
exceed $50,000 for any grant recipient.
``(B) Exception.--The Administrator may waive the
limitation in subparagraph (A) with respect to an
applicant in any case where the Administrator
determines that such waiver is necessary for the
community involved to obtain the necessary technical
assistance.
``(2) Renewal.--Grants may be renewed for each step in the
regulatory, removal, or remediation process in connection with
a facility with the potential to release a covered hazardous
air pollutant.
``(f) Definitions.--In this section:
``(1) The term `community of color' means any
geographically distinct area the population of color of which
is higher than the average population of color of the State in
which the community is located.
``(2) The term `covered hazardous air pollutant' means a
hazardous air pollutant (as defined in section 112 of the Clean
Air Act) that--
``(A) is listed on the toxics release inventory
under section 313(c) of the Emergency Planning and
Community Right-To-Know Act of 1986; or
``(B) is identified as carcinogenic by an
assessment under the Integrated Risk Information System
(IRIS) of the Environmental Protection Agency.
``(3) The term `indigenous community' means--
``(A) a federally recognized Indian Tribe;
``(B) a State-recognized Indian Tribe;
``(C) an Alaska Native or Native Hawaiian community
or organization; and
``(D) any other community of indigenous people,
including communities in other countries.
``(4) The term `low income' means an annual household
income equal to, or less than, the greater of--
``(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
``(B) 200 percent of the Federal poverty line.
``(5) The term `population of color' means a population of
individuals who identify as--
``(A) Black;
``(B) African American;
``(C) Asian;
``(D) Pacific Islander;
``(E) another non-White race;
``(F) Hispanic;
``(G) Latino; or
``(H) linguistically isolated.''.
SEC. 3. ENVIRONMENTAL JUSTICE COMMUNITY SOLID WASTE DISPOSAL TECHNICAL
ASSISTANCE GRANTS.
(a) Grants.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C.
6941 et seq.) is amended by adding at the end the following new
section:
``SEC. 4011. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE
GRANTS.
``(a) In General.--The Administrator may award grants to eligible
entities to enable such entities to participate in decisions impacting
the health and safety of their communities relating to the permitting
or permit renewal of a solid waste disposal facility or hazardous waste
facility.
``(b) Timing.--
``(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the process for eligible entities to apply
for a grant under this section, including the required content
and form of applications, the manner in which applications must
be submitted, and any applicable deadlines.
``(2) First grant.--Not later than 180 days after the
issuance of guidance under paragraph (1), the Administrator
shall award the first grant under this section.
``(c) Eligible Entity.--To be eligible for a grant under this
section, an applicant shall be a group of individuals who reside in a
community that--
``(1) is a population of color, a community of color, an
indigenous community, or a low-income community; and
``(2) is in close proximity to a facility described in
subsection (a) for which a decision relating to a permit or
permit renewal for such facility is required.
``(d) Use of Funds.--An eligible entity receiving a grant under
this section shall use the grant to participate in decisions impacting
the health and safety of the community involved that are related to the
permitting or permit renewal of a solid waste disposal facility or
hazardous waste facility, including--
``(1) interpreting information with regard to--
``(A) cumulative impacts studies;
``(B) health impacts studies;
``(C) relevant agency decisions; and
``(D) operation and maintenance of necessary
monitors; and
``(2) performing environmental monitoring.
``(e) Limitations on Amount; Renewal.--
``(1) Amount.--
``(A) In general.--The amount of a grant under this
section (excluding any renewals of the grant) may not
exceed $50,000 for any grant recipient.
``(B) Exception.--The Administrator may waive the
limitation in subparagraph (A) with respect to an
applicant in any case where the Administrator
determines that such waiver is necessary for the
community involved to obtain the necessary technical
assistance.
``(2) Renewal.--Grants may be renewed for each step in the
process for the permitting or permit renewal of a solid waste
disposal facility or hazardous waste facility.
``(f) Definitions.--In this section:
``(1) The term `community of color' means any
geographically distinct area the population of color of which
is higher than the average population of color of the State in
which the community is located.
``(2) The term `indigenous community' means--
``(A) a federally recognized Indian Tribe;
``(B) a State-recognized Indian Tribe;
``(C) an Alaska Native or Native Hawaiian community
or organization; and
``(D) any other community of indigenous people,
including communities in other countries.
``(3) The term `low income' means an annual household
income equal to, or less than, the greater of--
``(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
``(B) 200 percent of the Federal poverty line.
``(4) The term `population of color' means a population of
individuals who identify as--
``(A) Black;
``(B) African American;
``(C) Asian;
``(D) Pacific Islander;
``(E) another non-White race;
``(F) Hispanic;
``(G) Latino; or
``(H) linguistically isolated.''.
(b) Clerical Amendment.--The table of contents for the Solid Waste
Disposal Act is amended by adding after the item relating to section
4010 the following:
``Sec. 4011. Environmental justice community technical assistance
grants.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out section 330 of
the Clean Air Act (as added by section 2 of this Act) and section 4011
of the Solid Waste Disposal Act (as added by section 3 of this Act)
$5,000,000 for each of fiscal years 2022 through 2026.
<all>
|
Voices for Environmental Justice Act
|
To authorize the Administrator of the Environmental Protection Agency to award grants to entities to enable such entities to participate in decisions impacting the health and safety of their communities in connection with the release of certain hazardous air pollutants and the permitting of solid waste disposal facilities and hazardous waste facilities, and for other purposes.
|
Voices for Environmental Justice Act
|
Rep. Ruiz, Raul
|
D
|
CA
|
11,323
| 8,762
|
H.R.555
|
Crime and Law Enforcement
|
Protecting the Dignity of Unborn Children Act of 2021
This bill establishes a new criminal offense for recklessly disposing of or abandoning fetal remains in a landfill or in any navigable waters of the United States.
The term fetal remains means any part (except a cremated part) of a deceased human fetus following an abortion.
A violator is subject to a fine, up to three years in prison, or both.
|
To amend title 18, United States Code, to prohibit the unlawful
disposal of fetal remains, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting the Dignity of Unborn
Children Act of 2021''.
SEC. 2. PROHIBITING UNLAWFUL DISPOSAL OF FETAL REMAINS.
Part I of title 18, United States Code, is amended by adding at the
end the following:
``CHAPTER 125--UNLAWFUL DISPOSAL OF FETAL REMAINS
``SEC. 2741. UNLAWFUL DISPOSAL OF FETAL REMAINS.
``(a) In General.--Whoever recklessly disposes of or abandons fetal
remains in a landfill or in any of the navigable waters of the United
States shall be imprisoned not more than 3 years or fined under this
title, or both.
``(b) Rule of Construction.--Nothing in this section shall be
construed to authorize the prosecution of any woman for the disposal of
the remains of her unborn child.
``(c) Definitions.--In this section:
``(1) Fetal remains.--The term `fetal remains' means any
part of a human fetus that is deceased by reason of an
abortion, but does not include any such part that has been
cremated.
``(2) Landfill.--The term `landfill' means a sanitary
landfill, as such term is defined in section 1004(26) of the
Solid Waste Disposal Act.
``(3) Navigable waters.--The term `navigable waters' has
the meaning given such term in section 502(7) of the Federal
Water Pollution Control Act.''.
<all>
|
Protecting the Dignity of Unborn Children Act of 2021
|
To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains, and for other purposes.
|
Protecting the Dignity of Unborn Children Act of 2021
|
Rep. Latta, Robert E.
|
R
|
OH
|
11,324
| 1,125
|
S.4749
|
Crime and Law Enforcement
|
COPS Responsible Administration and Management Act
This bill provides for evaluations of the Community Oriented Policing Services (COPS) program with respect to its administration and effectiveness, as well as the compliance of grantees with civil rights laws. It also provides for grants and other changes to the COPS program to support (1) state and local participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation, and (2) conformance of state and local law enforcement agencies with federal policies that generally prohibit chokeholds and no-knock entries.
|
To improve grants administered by the Office of Community Oriented
Policing Services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COPS Responsible Administration and
Management Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Office of Community Oriented Policing Services
(referred to in this section as the ``COPS Office'') was
established within the Department of Justice pursuant to the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322; 108 Stat. 1796) in order to provide grant funding
to law enforcement agencies to improve policing and add 100,000
police officers to law enforcement agencies across the United
States.
(2) Since 1994, the COPS Office has distributed more than
$14,000,000,000 to more than 13,000 State, local, and Tribal
law enforcement agencies to fund the hiring and redeployment of
more than 135,000 law enforcement officers under the program
established under part Q of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.)
(referred to in this section as the ``COPS program'').
(3) For fiscal year 2022, Congress appropriated
$246,000,000 for the COPS Hiring Program under section
1701(b)(2) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381(b)(2)) (referred to in
this section as the ``CHP'').
(4) The total amounts appropriated for the COPS programs
has steadily increased over the last several years from
$222,000,000 for fiscal year 2017 to $512,000,000 for fiscal
year 2022, adding to the administrative of responsibilities and
workload of the COPS Office.
(5) For fiscal years 2021 and 2022, in addition to
continued funding for the CHP, COPS Office grants were awarded
for a wide variety of purposes for law enforcement agencies to
improve public safety and implement best practices.
(6) In authorizing COPS program funding at increasing
levels each year, Congress is obligated to monitor how these
Federal dollars are invested and that funds are spent as
effectively as possible to carry out the goals of the COPS
program.
(7) As the COPS program has expanded to provide increased
funding for public safety, the critical need to dedicate
resources to administering this program, overseeing its
implementation, and tracking its efficacy becomes more
pressing. Law enforcement agencies will likely need more
resources to comply with accountability requirements as
additional law enforcement officers are hired and training
programs are made more robust.
(8) The Federal Government should be investing in evidence-
based, proven training strategies that will make the
communities of the United States safer. Yet, many training
techniques have not been sufficiently studied or do not
empirically reduce use of force incidents.
(9) When local law enforcement agencies receive Federal
funding, they must comply with civil rights laws.
(10) It is the duty of Congress to--
(A) ensure the accountability of recipients of
Federal funds;
(B) manage taxpayer dollars in a responsible and
efficient manner; and
(C) prevent Federal dollars from supporting
policing, or any other practices, that violate the
civil and constitutional rights the people of the
United States.
(11) It is the duty of Congress to ensure that Federal
funds are invested in effective law enforcement training
techniques and technologies that--
(A) reduce negative or dangerous encounters between
communities and police, including use of force
incidents;
(B) increase the diversion to mental health and
other social service of calls for service; and
(C) improve public safety.
(12) The COPS Office does not evaluate its programs or
grant awards to ensure investments in activities that--
(A) improve police relationships with communities;
and
(B) reduce negative or dangerous interactions
between law enforcement officers and the public,
including use of force incidents.
(13) Congress must act to remedy this lack of oversight and
ensure that--
(A) the COPS program is operating in an effective
way; and
(B) funds are invested in activities that promote
and enhance public safety and respect the dignity and
rights of all people.
(14) To ensure the efficient administration and responsible
management of the COPS program, Congress must provide the
Department of Justice sufficient resources to achieve these
goals.
(15) Accountability and transparency in law enforcement and
all other government activities are essential to a healthy
democracy and a functional system of public safety. Providing
the Department of Justice and law enforcement agencies with the
resources to implement, monitor, and optimize policing
strategies will improve both community safety and public trust
in law enforcement.
SEC. 3. EVALUATION OF THE ADMINISTRATION OF THE COPS OFFICE GRANT
PROGRAM.
Not later than 1 year after the date of enactment of this Act, the
Director of the Office of Management and Budget shall--
(1) conduct a review of the grant program established under
section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381), including a review of
grants used for the purpose described in subsection (b)(2) of
that section, to assess--
(A) the efficiency of the administration of the
program, including the processes for developing and
drafting solicitations, reviewing grant applications,
and choosing grant recipients; and
(B) the oversight of grant awards, including--
(i) audits of grant awards;
(ii) a verification that funds are used for
the approved program activities;
(iii) reporting requirements and analysis
of information reported by grant recipients;
(iv) evaluation of the outcomes and impacts
of the grant program across demographic
categories; and
(v) other performance metrics use to assess
the effectiveness of program activities in
achieving the stated goals of--
(I) improving community
relationships; and
(II) the reduction of negative or
dangerous interactions between law
enforcement officers and the public,
including use of force incidents;
(2) conduct a review of all Federal grant programs to
identify duplicative grants; and
(3) submit to the Attorney General, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary of
the House of Representatives a report that--
(A) summarizes the findings of the reviews
performed under paragraph (1) and (2);
(B) makes recommendations to enhance the
administration, oversight, transparency and management
of the grant program described in paragraph (1); and
(C) identifies duplicative grants and makes
recommendations for the consolidation or
discontinuation of grant programs where possible.
SEC. 4. EFFECTIVENESS OF GRANTS.
(a) Evaluation Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, Director of the Office of Management and
Budget, in consultation with appropriate experts and
stakeholders, shall develop a plan for the Office of Community
Oriented Policing Services to evaluate the effectiveness of
grants awarded under section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) in
achieving--
(A) the goals and objectives of improving public
safety through a reduction in negative or dangerous
interactions between law enforcement officers and the
public, including use of force incidents; and
(B) compliance with Federal law.
(2) Contents.--The plan developed under paragraph (1)
shall--
(A) establish--
(i) implementable reporting requirements
for the purpose of assessing grant-funded
activities;
(ii) performance metrics that--
(I) promote compliance with civil
and human rights law and principles;
(II) reduce negative or dangerous
interactions between law enforcement
officers and the public, including use
of force incidents; and
(III) measure the impact of grant
activities on communities across
demographic categories;
(iii) the role of components of the Federal
Government other than the Office of Community
Oriented Policing Services in assisting in the
oversight of those grants, including the Office
of Management and Budget, the Office of the
Inspector General of the Department of Justice,
the Bureau of Justice Statistics, the Bureau of
Justice Assistance, and the National Institute
of Justice; and
(iv) the process for the continued support
of promising practices through the development
and testing of innovative strategies;
(B) build knowledge about effective practices and
outcomes;
(C) support new, creative approaches to preventing
crime and promoting safe communities;
(D) include a plan for the discontinuation of
grant-funded activities that are in violation of the
laws described in section 5(1) or other civil rights
laws;
(E) include a description of the resources
necessary for the Department of Justice and the Office
of Community Oriented Policing Services to implement
the plan.
(b) Implementation of Evaluation Plan.--Not later than 180 days
after the date of completion of the plan required under subsection
(a)(1), the Attorney General, in consultation with the Director of the
Office of Management and Budget, the Inspector General of the
Department of Justice, the Director of the Bureau of Justice
Statistics, the Director of the Bureau of Justice Assistance, and the
Director of the National Institute of Justice, shall implement the
plan.
(c) Funding.--There are authorized to be appropriated to the
Director of the Office of Community Oriented Policing Services to carry
out subsection (b) $10,000,000 for each of fiscal years 2023 through
2028.
SEC. 5. CIVIL RIGHTS COMPLIANCE.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Attorney General, in coordination with the
Director of the Office of Justice Programs, the Director of the Office
of Community Oriented Policing Services, and the Director of the Office
on Violence Against Women, shall--
(1) conduct a review of the implementation and
administrative enforcement by the Department of Justice of
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) and section 809(c)(1) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10228(c)(1)) in
connection with Federal financial assistance the Department of
Justice provides under any grant program;
(2) implement a formal review process to ensure that
recipients of grants under section 1701 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381) are in compliance with civil rights laws;
(3) establish a system for verifying that an applicant for
grants administered by the Department of Justice demonstrate
compliance with civil rights laws before the date on which the
applicant receives any funds from such a grant;
(4) suspend the award of any grant administered by the
Department of Justice to a law enforcement agency that does not
cooperate with a civil rights compliance review or
investigation conducted by the Attorney General, including an
investigation conducted pursuant to section 210401 of the
Violent Crime Control and Law Enforcement Act of 1994 (34
U.S.C. 12601), by rejecting document requests, restricting
access to information or data, or otherwise obstructing the
review or investigation, until the law enforcement agency--
(A) cooperates with the review or investigation;
or
(B) otherwise demonstrates compliance with the laws
described in paragraph (1); and
(5) submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report summarizing the findings of the review
conducted under paragraph (1).
SEC. 6. IMPROVING THE COPS GRANT PROGRAM.
(a) Use-of-Force Data Grants.--Not later than 1 year after the date
of enactment of this Act, the Attorney General shall--
(1) establish a grant program within the Office of
Community Oriented Policing Services to provide grants to law
enforcement agencies of States, units of local government, or
Tribal governments to pay for the costs associated with
participation in the National Use-of-Force Data Collection of
the Federal Bureau of Investigation; and
(2) through the Bureau of Justice Assistance, develop and
provide technical assistance to law enforcement agencies of
State, units of local government, or Tribal governments for
participation in the National Use-of-Force Data Collection of
the Federal Bureau of Investigation.
(b) Uniformity in Policing Policies.--
(1) In general.--Subject to paragraph (2), the law
enforcement agency of a State, unit of local of government, or
Tribal government that applies for a grant under section 1701
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10381) shall certify in the application for the
grant that the law enforcement agency has in place a chokehold
policy and a no-knock entry policy consistent with--
(A) Executive Order 14074 (87 Fed. Reg. 32945;
relating to accountable policing and criminal justice
practices); and
(B) the policy contained in the memorandum issued
by the Department of Justice on September 13, 2021
entitled ``Chokeholds & carotid restraints; knock and
announce requirement''.
(2) More stringent rules.--The law enforcement agency of a
State, unit of local government, or Tribal law enforcement that
applies for a grant under section 1701 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381) may certify in the application for the grant that the
law enforcement agency has in place a policy that--
(A) is more stringent than a policy described in
paragraph (1);
(B) entirely bans the use of chokeholds or carotid
restraints; or
(C) entirely bans the use of no-knock entries.
(c) Preferential Consideration.--In awarding grants under section
1701 of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10381), the Attorney General shall give preferential
consideration to applicants that--
(1) participate in the National Use-of-Force Data
Collection of the Federal Bureau of Investigation; or
(2) have implemented a policy described in subparagraph (B)
or (C) of subsection (b)(2).
(d) Funding.--There are authorized to be appropriated to the
Director of the Office of Community Oriented Policing Services
$20,000,000 for each of fiscal years 2023 through 2028 to increase
staff, hire analysts, establish data collection and review systems, and
establish the grant program under subsection (a)(1).
<all>
|
COPS Responsible Administration and Management Act
|
A bill to improve grants administered by the Office of Community Oriented Policing Services, and for other purposes.
|
COPS Responsible Administration and Management Act
|
Sen. Booker, Cory A.
|
D
|
NJ
|
11,325
| 14,823
|
H.R.9155
|
Taxation
|
No Bonuses for Executives Act of 2022
This bill imposes the alternative minimum tax on state regulated electric utilities that are in bankruptcy proceedings and that make incentive-based payments, other than salary, to any of their 13 highest compensated employees, and that own or lease infrastructure other than climate-resilient infrastructure (i.e., infrastructure capable of reducing the impact of major weather events and natural disasters).
|
To amend the Internal Revenue Code of 1986 to impose the alternative
minimum tax on certain State regulated electric utilities that have not
fully adopted climate-resilient infrastructure.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Bonuses for Executives Act of
2022''.
SEC. 2. ALTERNATIVE MINIMUM TAX IMPOSED ON CERTAIN STATE REGULATED
ELECTRIC UTILITIES.
(a) In General.--Section 55(a) of the Internal Revenue Code of 1986
is amended by inserting ``a corporation described in subsection (f)
or'' after ``In the case of''.
(b) Certain State Regulated Electric Utilities.--Section 55 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(f) Certain State Regulated Electric Utilities.--
``(1) In general.--A corporation is described in this
subsection if it is--
``(A) a State regulated electric utility (as such
term is defined in section 3(18) of the Public Utility
Regulatory Policies Act of 1978),
``(B) a debtor in a case commenced under title 11
of the United States Code on January 29, 2019, and
``(C) a corporation that--
``(i) makes payments, other than payments
of salary, that are incentive-based cash
payments to any of the 13 highest-compensated
employees of such corporation, and
``(ii) owns or leases infrastructure other
than climate-resilient infrastructure.
``(2) Climate-resilient infrastructure.--For purposes of
this section, the term `climate-resilient infrastructure' means
infrastructure with the ability to reduce the impact of major
weather events and natural disasters.
``(3) Special rule for affiliated groups.--If any member of
an affiliated group of corporations that files a consolidated
return is a corporation described in this subsection, all
members of such group shall be considered corporations
described in this subsection for purposes of chapter 6 of the
Internal Revenue Code of 1986.''.
(c) Conforming Amendments.--
(1) Section 38(c)(6) of the Internal Revenue Code of 1986
is amended by inserting ``described in section 55(f)'' after
``In the case of a corporation''.
(2) Section 55(b)(1) of such Code is amended to read as
follows:
``(1) Amount of tentative tax.--
``(A) Noncorporate taxpayers.--
``(i) In general.--In the case of a
taxpayer other than a corporation, the
tentative minimum tax for the taxable year is
the sum of--
``(I) 26 percent of so much of the
taxable excess as does not exceed
$175,000, plus--
``(II) 28 percent of so much of the
taxable excess as exceeds $175,000.
The amount determined under the preceding
sentence shall be reduced by the alternative
minimum tax foreign tax credit for the taxable
year.
``(ii) Taxable excess.--For purposes of
this subsection, the term `taxable excess'
means so much of the alternative minimum
taxable income for the taxable year as exceeds
the exemption amount.
``(iii) Married individual filing separate
return.--In the case of a married individual
filing a separate return, clause (i) shall be
applied by substituting 50 percent of the
dollar amount otherwise applicable under
subclause (I) and subclause (II) thereof. For
purposes of the preceding sentence, marital
status shall be determined under section 7703.
``(B) Corporations.--In the case of a corporation
described in subsection (f), the tentative minimum tax
for the taxable year is--
``(i) 20 percent of so much of the
alternative minimum taxable income for the
taxable year as exceeds the exemption amount,
reduced by
``(ii) the alternative minimum tax foreign
tax credit for the taxable year.''.
(3) Section 55(b)(3) of such Code is amended by striking
``paragraph (1)(A)'' and inserting ``paragraph (1)(A)(i)''.
(4) Section 59(a) of such Code is amended--
(A) in paragraph (1)(C), by striking ``section
55(b)(1) in lieu of the highest rate of tax specified
in section 1'' and inserting ``subparagraph (A)(i) or
(B)(i) of section 55(b)(1) (whichever applies) in lieu
of the highest rate of tax specified in section 1 or 11
(whichever applies)''; and
(B) in paragraph (2), by striking ``means'' and all
that follows and inserting the following: ``means--
``(A) in the case of a taxpayer other than a
corporation, the amount determined under the first
sentence of section 55(b)(1)(A)(i), or
``(B) in the case of a corporation described in
section 55(f), the amount determined under section
55(b)(1)(B)(i).''.
(5) Section 897(a)(2)(A) of such Code is amended by
striking ``section 55(b)(1)'' and inserting ``section
55(b)(1)(A)''.
(6) Section 911(f) of such Code is amended--
(A) by striking ``section 55(b)(1)(B)'' each place
it appears and inserting ``section 55(b)(1)(A)(ii)'';
and
(B) in paragraph (1)(B), by striking ``section
55(b)(1)(A)'' and inserting ``section 55(b)(1)(A)(i)''.
(7) Section 55(c)(1) of such Code is amended by inserting
before the first period the following: ``, the section 936
credit allowable under section 27(b), and the Puerto Rico
economic activity credit under section 30A''.
(8) Section 55(d) of such Code is amended--
(A) redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively, and inserting
after paragraph (1) the following:
``(2) Corporations.--In the case of a corporation, the term
`exemption amount' means $40,000.'';
(B) in paragraph (3) (as so redesignated), by
striking ``and'' at the end of subparagraph (B), by
striking the period and inserting ``, and'' at the end
of subparagraph (C), and by adding at the end the
following:
``(D) $150,000 in the case of a taxpayer described
in paragraph (2).'';
(C) in paragraph (4) (as so redesignated)--
(i) in subparagraph (B)(i), by striking
``(b)(1)(A)'' and inserting ``(b)(1)(A)(i)'';
and
(ii) in subparagraph (B)(iii), by striking
``paragraph (2)'' and inserting ``paragraph
(3)''.
(9) Section 55 of such Code is amended by restoring
subsection (e) as though it had not been struck by Public Law
115-97.
(10) Section 56(b)(2) of such Code is amended by
redesignating subparagraph (C) as subparagraph (D) and by
inserting after subparagraph (B) the following:
``(C) Special rule for personal holding
companies.--In the case of circulation expenditures
described in section 173, the adjustments provided in
this paragraph shall apply also to a personal holding
company (as defined in section 542).''.
(11) Section 56 of such Code is amended by restoring
subsections (c) and (g) as though they had not been struck by
Public Law 115-97.
(12) Section 848 of such Code is amended by restoring
subsection (i) as though it had not been struck by Public Law
115-97.
(13) Section 58(a) of such Code is amended by redesignating
paragraph (3) as paragraph (4) and by inserting the following
after paragraph (2):
``(3) Application to personal service corporations.--For
purposes of paragraph (1), a personal service corporation
(within the meaning of section 469(j)(2)) shall be treated as a
taxpayer other than a corporation.''.
(14) Section 59 of such Code is amended by restoring
subsections (b) and (f) as though they had not been struck by
Public Law 115-97.
(15) Section 11(d) of such Code is amended by striking
``the tax imposed by subsection (a)'' and inserting ``the taxes
imposed by subsection (a) and section 55''.
(16) Section 12 of such Code is amended by restoring
paragraph (7) as though it had not been struck by Public Law
115-97.
(17) Section 168(k) of such Code is amended by restoring
paragraph (4) as though it had not been struck by Public Law
115-97.
(18) Section 882(a)(1) of such Code is amended by inserting
``, 55,'' after ``section 11''.
(19) Section 962(a)(1) of such Code is amended by inserting
``and 55'' after ``section 11''.
(20) Section 6425(c)(1)(A) of such Code is amended to read
as it read before the passage of Public Law 115-97.
(21) Section 6655(e)(2) of such Code is amended by
inserting ``and alternative minimum taxable income'' each place
it appeared before the passage of Public Law 115-97.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
<all>
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No Bonuses for Executives Act of 2022
|
To amend the Internal Revenue Code of 1986 to impose the alternative minimum tax on certain State regulated electric utilities that have not fully adopted climate-resilient infrastructure.
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No Bonuses for Executives Act of 2022
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Rep. Harder, Josh
|
D
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CA
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11,326
| 3,559
|
S.3088
|
Social Welfare
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Five Freedoms for America's Children Act
This bill establishes and modifies programs concerning children's health, financial security, education, nutrition, and welfare. Among other changes, the bill (1) provides for the automatic enrollment of all children under the age of 19 in Medicaid; (2) establishes savings accounts, and provides for annual deposits of federal funds into these accounts, for children of income-eligible parents; (3) provides mandatory funding for the Head Start Program; (4) facilitates the participation of income-eligible children in school-based nutrition programs through certain automatic certifications; and (5) establishes grant programs to address institutional and systemic child abuse.
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To ensure America's children have the freedom to be healthy, to be
economically secure, to learn, to not be hungry, and to be safe from
harm.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Five Freedoms for America's Children
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--FREEDOM TO BE HEALTHY
Sec. 101. Medicaid for all children from birth to age 19.
TITLE II--FREEDOM TO BE ECONOMICALLY SECURE
Sec. 201. Establishment of child savings account program.
TITLE III--FREEDOM TO LEARN
Sec. 301. Increased mandatory funding for child care.
Sec. 302. Mandatory appropriations for Head Start Act.
Sec. 303. Enhancement of Child and Dependent Care Tax Credit.
TITLE IV--FREEDOM FROM HUNGER
Sec. 401. Mandatory direct certification.
Sec. 402. Direct certification for children receiving Social Security
income.
Sec. 403. Retroactive reimbursement.
Sec. 404. Universal Medicaid direct certification.
Sec. 405. Universal meal service in high poverty areas.
Sec. 406. Statewide free universal school meals demonstration projects.
TITLE V--FREEDOM TO BE SAFE FROM HARM
Subtitle A--Funding for the Child Abuse Prevention and Treatment Act
Sec. 501. Additional CAPTA funding.
Subtitle B--Funding for Grants To Protect Children From Institutional
and Systemic Abuse
Sec. 511. Purpose.
Sec. 512. Definitions.
Sec. 513. Grant program.
TITLE I--FREEDOM TO BE HEALTHY
SEC. 101. MEDICAID FOR ALL CHILDREN FROM BIRTH TO AGE 19.
(a) In General.--Section 1902(a)(10)(A)(i) of the Social Security
Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended--
(1) by striking ``or'' at the end of subclause (VIII);
(2) in subclause (IX)(dd), by inserting ``or'' at the end;
and
(3) by adding at the end the following new subclause:
``(X) beginning on the date that is
2 years after the date of enactment of
the Five Freedoms for America's
Children Act, who are individuals who
have not attained 19 years of age;''.
(b) Automatic Enrollment.--Section 1902(e) of the Social Security
Act is amended by striking paragraph (4) and inserting the following:
``(4) Automatic enrollment of children.--
``(A) In general.--Any child born in a State on or
after the date that is 2 years after the date of
enactment of the Five Freedoms for America's Children
Act shall be considered to have applied for medical
assistance under the State plan and shall be
automatically enrolled for such assistance on the date
of their birth.
``(B) Notification requirement.--The State shall
inform the parent, guardian, or custodial relative of a
child who is automatically enrolled in the State plan
under subparagraph (A) of the services that will be
covered, appropriate methods for using such services,
medical support obligations (under section 1912(a))
created by enrollment (if applicable), the actions the
parent, guardian, or relative must take (if any) to
maintain enrollment, and the actions the parent,
guardian, or relative may take to disenroll the child.
``(C) Opt-out if other coverage is available.--The
State shall establish a process to allow the parent,
guardian, or custodial relative of a child who is
automatically enrolled in the State plan under
subparagraph (A) to disenroll the child from the State
plan through affirmation in writing if the child is
enrolled in other health benefits coverage that--
``(i) at a minimum, provides the essential
health benefits defined by the Secretary under
section 1302(b) of the Patient Protection and
Affordable Care Act; and
``(ii) meets such other requirements as the
Secretary determines appropriate.''.
(c) Exclusion From Definition of Minimum Essential Coverage.--
Section 36B(c)(2) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
``(D) Treatment of certain coverage under the
medicaid program.--For purposes of subparagraph (B), an
individual shall not be treated as eligible for minimum
essential coverage if--
``(i) such coverage consists of eligibility
for medical assistance under a State Medicaid
program under section 1902(a)(10)(A)(i)(X) of
the Social Security Act; and
``(ii) the individual is not enrolled in
such a program for such medical assistance.''.
(d) Coverage of Children Without Regard to Immigration Status.--
Section 1903(v) of the Social Security Act (42 U.S.C. 1396b(v)) is
amended--
(1) in paragraph (1), by striking ``and (4)'' and inserting
``, (4), and (5)'';
(2) in paragraph (4)(A)(ii)--
(A) in the clause header, by inserting ``aged 19 to
20'' after ``Children''; and
(B) by inserting ``who have attained 19 years of
age but are'' before ``under 21 years of age''; and
(3) by adding at the end the following paragraph:
``(5)(A) Notwithstanding any other provision of law, on and after
the date that is 2 years after the date of enactment of the Five
Freedoms for America's Children Act, a State shall provide medical
assistance under this title to any individual residing in the United
States who is eligible for medical assistance under section
1902(a)(10)(A)(i)(X), without regard to whether the individual is
lawfully residing in the United States.
``(B) No debt shall accrue under an affidavit of support against
any sponsor of an individual provided medical assistance in accordance
with subparagraph (A) and the cost of such assistance shall not be
considered as an unreimbursed cost.''.
(e) Conforming Amendments.--
(1) Section 1137(f) of the Social Security Act (42 U.S.C.
1320b-7(f)) is amended by inserting ``or to individuals who are
eligible for medical assistance under section
1902(a)(10)(A)(i)(X) and are provided such assistance in
accordance with section 1903(v)(5)'' before the period.
(2) Section 2107(e)(1)(N) of the Social Security Act (42
U.S.C. 1397gg(e)(1)(N)) is amended by inserting ``who have
attained age 19 or 20'' after ``immigrant children''.
(f) 100 Percent Federal Matching Payments for Medical Assistance
for Children.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (b), by striking ``and (ii)'' and
inserting ``(ii), and (jj)''; and
(B) by adding at the end the following new
subsection:
``(jj) Enhanced FMAP for Certain Children.--Notwithstanding
subsection (b), beginning on the date that is 2 years after the date of
enactment of the Five Freedoms for America's Children Act, the Federal
medical assistance percentage shall be 100 percent with respect to
amounts expended by a State for medical assistance for individuals--
``(1) who are eligible for medical assistance under section
1902(a)(10)(A)(i)(X); and
``(2) who would not have been eligible for medical
assistance for full benefits (as defined in subsection
(y)(2)(B)) under the State plan under this title or a waiver of
such plan as such plan or waiver was in effect on January 1,
2021.''.
(2) Conforming amendment.--Section 9817(a)(1) of the
American Rescue Plan Act of 2021 (Public Law 117-2) is amended
by striking ``or (ii) of section 1905'' and inserting ``(ii),
or (jj) of section 1905''.
TITLE II--FREEDOM TO BE ECONOMICALLY SECURE
SEC. 201. ESTABLISHMENT OF CHILD SAVINGS ACCOUNT PROGRAM.
(a) Establishment of Program.--The Secretary of the Treasury shall,
not later than December 31, 2022, establish a permanent program, to be
known as the ``Federal Child Savings Account Program'', which meets the
requirements of this section to establish and maintain a savings
account meeting the requirements of subsection (c) on behalf of
eligible individuals.
(b) Program Specifications.--
(1) In general.--
(A) Savings accounts.--The Federal Child Savings
Account Program established under this section shall--
(i) permit the parent or guardian of an
eligible individual to establish a savings
account which meets the requirements of this
subsection and subsection (c) on behalf of the
individual;
(ii) establish a savings account which
meets the requirements of this subsection and
subsection (c) on behalf of--
(I) eligible individuals who are in
foster care, in coordination with the
Administration for Children and
Families; and
(II) other eligible individuals on
whose behalf no account has been
established by a parent or guardian
under clause (i) as of the time the
first deposit under paragraph (4)(A) is
due to be made on behalf of such
individuals,
and notify such individuals of the
establishment of such accounts;
(iii) require the assets of each savings
account established under the program to be
held by the designated custodian;
(iv) within the limitations of paragraph
(3), permit contributions to be made
periodically to such savings accounts by direct
deposit through payroll deduction or by
electronic means, and by methods that provide
access for the unbanked;
(v) provide for the annual deposit under
paragraph (4) and the matching contributions
under paragraph (5) to be made to such savings
accounts, if applicable;
(vi) as provided in subsection (c), permit
distributions and rollovers from such savings
accounts upon request of the parent or guardian
of the individual on whose behalf the account
is established before the individual has
attained age 18, or upon request of such
individual after such individual has attained
age 18;
(vii) include procedures to consolidate
multiple accounts established for the same
individual and return excess contributions on
an annual basis, with notice provided to the
parent or guardian of the individual (or, if
appropriate, to the individual) and a procedure
for resolution of disputes; and
(viii) ensure that such savings accounts
are invested solely in United States Treasury
bonds.
(B) Regulations, etc.--The Secretary of the
Treasury shall have authority to promulgate such
regulations, rules, and other guidance as are necessary
to implement the Federal Child Savings Account Program,
and are consistent with this section and section 529B
of the Internal Revenue Code of 1986, including--
(i) rules regarding the provision of
periodic notices to individuals and parents or
guardians of individuals, as appropriate, on
whose behalf accounts are established under the
program, including information on account
balances and activity;
(ii) rules regarding beneficiary
designation in the case of the death of the
individual on whose behalf an account was
established; and
(iii) coordination rules permitting savings
accounts to be established under the Federal
Child Savings Account Program in connection
with State and local laws that provide
contributions to savings accounts for
residents.
(C) Pilot program for deposits made with federal
partners.--The Secretary of the Treasury may, in
fulfillment of subparagraph (A)(iv), establish a pilot
program which would allow grocery stores, pharmacies,
banks, and other similar businesses to partner with the
Federal Government to accept cash deposits from
customers and to remit such deposits to the Treasury
for payment into savings accounts under the Federal
Child Savings Account Program.
(2) No fees.--No fees shall be assessed on participants in
the Federal Child Savings Account Program.
(3) Limitations.--
(A) Contribution minimum.--The Secretary of the
Treasury may establish minimum amounts for initial and
additional contributions to a savings account under the
Federal Child Savings Account Program, not to exceed
$5.
(B) Contribution limitation.--
(i) In general.--Contributions to a savings
account under the Federal Child Savings Account
Program during any taxable year (other than the
contribution made under paragraph (4)) shall
not be accepted to the extent such
contributions exceed $2,500.
(ii) Phaseout.--The $2,500 amount under
clause (i) shall be reduced (but not below
zero) by $125 for each $2,000 (or fraction
thereof) by which the taxpayer's modified
adjusted gross income for the taxable year
exceeds $200,000.
(C) Limitation on participation.--Within a
reasonable amount of time before the date an eligible
individual attains age 17, the designated custodian
shall provide notice to the eligible individual and the
parent or guardian of the eligible individual that--
(i) no deposits under paragraph (4) or (5)
will be made for calendar years after the year
in which the individual attains age 17;
(ii) no further contributions made by any
person will be accepted after the date the
individual attains age 26; and
(iii) the individual (or, as provided, the
individual's parent or guardian) may elect to
have the account balance rolled over or
distributed as provided, and at the time
specified, in subsection (c).
(4) Annual deposit.--
(A) In general.--Within a reasonable amount of time
(not to exceed 60 days) after the filing of the return
of tax for each taxable year by a taxpayer claiming an
eligible individual as a dependent, the Secretary of
the Treasury shall deposit $500 into the savings
account established for such individual under the
Federal Child Savings Account Program.
(B) Phaseout.--The $500 amount under subparagraph
(A) shall be reduced (but not below zero) by $25 for
each $1,000 (or fraction thereof) by which the
taxpayer's modified adjusted gross income for the
taxable year exceeds $100,000.
(C) Deposit on behalf of children in foster care.--
At an appropriate time each year as determined by the
Secretary of the Treasury in coordination with the
Administration for Children and Families, such
Secretary shall deposit $500 into the savings account
established under such Program for any eligible
individual in foster care in any State with respect to
whom no deposit was made for such year under
subparagraph (A).
(5) Matching contributions.--If a credit is allowed under
section 32 of the Internal Revenue Code of 1986 to the parent
or guardian or an eligible individual for a taxable year, with
respect to contributions made by such parent or guardian to the
savings account of such eligible individual under the Federal
Child Savings Account Program during the succeeding taxable
year, the Secretary of the Treasury shall deposit into such
savings account an amount equal to so much of such
contributions as does not exceed $250. Such deposit shall be
made in addition to the deposit under paragraph (4).
(6) Designated custodian.--For purposes of this section,
the designated custodian is the person designated by the
Secretary of the Treasury to act as custodian of the savings
accounts established on behalf of participants in the Federal
Child Savings Account Program.
(7) State.--For purposes of this section, the term
``State'' includes the District of Columbia, any possession of
the United States, and any Indian tribe (as defined in section
45A(c)(6) of the Internal Revenue Code of 1986).
(8) Deposit of matching contributions into roth ira.--If a
parent or guardian of an eligible individual is eligible to
receive any matching contribution under paragraph (5), such
parent or guardian may elect either to have such matching
contribution paid to the savings account of such eligible
individual under the Federal Child Savings Account Program or
to a Roth IRA of such parent or guardian. The Secretary of the
Treasury shall establish a permanent program that creates and
maintains a Roth IRA (within the meaning of section 408A of the
Internal Revenue Code) on behalf of a parent or guardian who
elects for the matching contribution to be made to his or her
Roth IRA and who either affirmatively chooses to participate in
the program or does not identify a Roth IRA for receipt of the
matching contribution. The permanent program shall provide for
investment of account balances solely within United States
Treasury bonds and shall not charge any fees to account owners.
(9) Inflation adjustments.--
(A) In general.--In the case of any calendar year
after 2023, the $2,500 amount in paragraph (3)(B), the
$500 amount in paragraphs (4)(A), (4)(B), and (4)(C),
and the $250 amount in paragraph (5) shall each be
increased by an amount equal to--
(i) such dollar amount; multiplied by
(ii) the cost-of-living adjustment
determined under section 1(f)(3) of the
Internal Revenue Code of 1986 for the calendar
year, determined by substituting ``calendar
year 2022'' for ``calendar year 2016'' in
subparagraph (A)(ii) thereof.
(B) Rounding.--If any dollar amount increased under
subparagraph (A) is not a multiple of $5, such dollar
amount shall be rounded to the nearest multiple of $5.
(10) Accounts may not be assigned.--An account established
on behalf of an individual under the Federal Child Savings
Account Program may not be pledged or assigned to any other
person.
(11) Modified adjusted gross income.--For purposes of this
subsection, the term ``modified adjusted gross income'' means
adjusted gross income (as defined in section 62 of the Internal
Revenue Code of 1986) increased by--
(A) any amount excluded from gross income under
section 911 of such Code;
(B) any amount of interest received or accrued by
the taxpayer during the taxable year which is exempt
from tax; and
(C) an amount equal to the portion of the
taxpayer's social security benefits (as defined in
section 86(d) of such Code) which is not included in
gross income under such section 86 for the taxable
year.
(c) Distributions From Savings Account.--
(1) In general.--After the earlier of--
(A) the date the individual on whose behalf the
savings account under the Federal Child Savings Account
Program was established attains age 26; or
(B) the date such individual receives a bachelor's
degree or associate's degree, or enlists in active duty
military service of the United States,
amounts in such account may be contributed in a direct transfer
to a Roth IRA (as defined in section 408A(b) of the Internal
Revenue Code of 1986) or a designated Roth account (within the
meaning of section 402A of such Code) according to the rules of
the Internal Revenue Code of 1986, or distributed to the
individual in cash.
(2) Distributions for higher education expenses.--Without
regard to the date requirements of paragraph (1), a portion of
the amount in a savings account established under the Federal
Child Savings Account Program may be distributed in cash to the
individual or to the parent or guardian of the individual for
the payment of qualified higher education expenses of the
individual at an eligible educational institution. The
aggregate amount so distributed shall not exceed 50 percent of
the amount in such account as of the due date for the first
payment of tuition for the enrollment of the individual on
whose behalf the account is established as an eligible student
at such eligible educational institution.
(3) Contribution to able account.--Without regard to the
date requirements of paragraph (1), all or a portion of the
amount in a savings account established under the Federal Child
Savings Account Program may be contributed in a direct transfer
to an ABLE account established for the benefit of the
individual under section 529A of the Internal Revenue Code of
1986 (if the individual is eligible for purposes of section
529A(e)(1) of such Code).
(4) Definitions.--Any term used in this subsection which is
also used in section 529 of the Internal Revenue Code of 1986
has the same meaning as when used in such section.
(d) Eligible Individual.--For purposes of this section, the term
``eligible individual'' means a child who has not attained age 18 and
is a resident of the United States.
(e) Treatment of Accounts Under Certain Federal Programs.--
(1) Account funds disregarded for purposes of certain other
means-tested federal programs.--Notwithstanding any other
provision of Federal law that requires consideration of one or
more financial circumstances of an individual, for the purpose
of determining eligibility to receive, or the amount of, any
assistance or benefit authorized by such provision to be
provided to or for the benefit of such individual, any amount
(including earnings thereon) in an individual's account
established under the Federal Child Savings Account Program,
any contributions to such account, and any distribution (or
portion thereof) which is exempt from the tax under section
529B(d)(3) of the Internal Revenue Code of 1986 shall be
disregarded for such purpose with respect to any period during
which such individual maintains, makes contributions to, or
receives distributions from such account, except that--
(A) a distribution for qualified acquisition costs
(within the meaning of section 529B(d)(3)(C)(ii) of
such Code) shall not be so disregarded; and
(B) any amount (including such earnings) in such
account shall be considered a resource of the
individual to the extent that such amount exceeds
$100,000.
(2) Suspension of ssi benefits during periods of excessive
account funds.--
(A) In general.--The benefits of an individual
under the supplemental security income program under
title XVI of the Social Security Act shall not be
terminated, but shall be suspended, by reason of excess
resources of the individual attributable to an amount
in the account of the individual established under the
Federal Child Savings Account Program not disregarded
under paragraph (1).
(B) No impact on medicaid eligibility.--An
individual who would be receiving payment of such
supplemental security income benefits but for the
application of subparagraph (A) shall be treated for
purposes of title XIX of the Social Security Act as if
the individual continued to be receiving payment of
such benefits.
(f) Disclosure of Taxpayer Information.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(23) Disclosure of return information for purposes of
administration of the federal child savings account program.--
The Secretary shall disclose to any officer or employee of the
Department of the Treasury, as necessary for the administration
of the Federal Child Savings Account Program established under
section 201(a) of the Five Freedoms for America's Children Act,
return information relating to taxpayer identity, dependents,
adjusted gross income, and whether the taxpayer has claimed the
earned income credit under section 32 for the taxable year.''.
(2) Prohibition of redisclosure.--Paragraph (3) of section
6103(a) of the Internal Revenue Code of 1986 is amended by
striking ``or (21)'' and inserting ``(21), or (23)''.
(g) Child Savings Account Program.--Part VIII of subchapter F of
chapter 1 of the Internal Revenue Code of 1986 is amended by inserting
after section 529A the following new section:
``SEC. 529B. CHILD SAVINGS ACCOUNT PROGRAM.
``(a) General Rule.--The Federal Child Savings Account Program
shall be exempt from taxation under this subtitle.
``(b) Federal Child Savings Account Program.--For purposes of this
title, the term `Federal Child Savings Account Program' means the
program established under section 201(a) of the Five Freedoms for
America's Children Act.
``(c) Treatment of Contributions and Earnings.--
``(1) In general.--No amount shall be includible in gross
income of an individual on whose behalf an account is
established under the Federal Child Savings Account Program, or
of any taxpayer claiming such individual as a dependent, with
respect to any earnings under the program.
``(2) Governmental and matching contributions.--Gross
income of an individual on whose behalf an account is
established under the Federal Child Savings Account Program, or
of any taxpayer claiming such individual as a dependent, shall
not include the amount of any deposit made to the individual's
account under the program pursuant to section 201(b)(4)(A),
201(b)(4)(C), or 201(b)(5) of the Five Freedoms for America's
Children Act.
``(d) Treatment of Distributions.--
``(1) In general.--Gross income shall not include any cash
distribution from an account under the Federal Child Savings
Account Program permitted under section 201(c) of the Five
Freedoms for America's Children Act.
``(2) Treatment of rollovers.--
``(A) Roth iras.--Any contribution from the Federal
Child Savings Account Program to a Roth IRA permitted
under section 201(c)(1) of the Five Freedoms for
America's Children Act shall be treated--
``(i) as a contribution from another Roth
IRA as described in section 408A(e)(1)(A), and
``(ii) as having been contributed to such
Roth IRA in a direct trustee-to-trustee
transfer within 60 days of the distribution for
purposes of section 408(d)(3).
``(B) Designated roth accounts.--Any contribution
from the Federal Child Savings Account Program to a
designated Roth account permitted under section
201(c)(1) of the Five Freedoms for America's Children
Act shall be treated--
``(i) as a contribution from another
designated Roth account for purposes of section
402A(c)(3), and
``(ii) as having been contributed to such
designated Roth account in a direct trustee-to-
trustee transfer within 60 days of the
distribution for purposes of section 402(c).
``(C) ABLE accounts.--Any contribution from the
Federal Child Savings Account Program to an ABLE
account permitted under section 201(c)(3) of the Five
Freedoms for America's Children Act shall be treated--
``(i) as a contribution from another ABLE
account as described in section
529A(c)(1)(C)(i), and
``(ii) as having been contributed to such
ABLE account within 60 days of the distribution
for purposes of such section.
``(3) Tax on nonqualified use.--
``(A) In general.--The tax imposed by this title
for the taxable year shall be increased by an amount
equal to 20 percent of the amount of any distribution
other than a rollover described in paragraph (2) from
an account under the Federal Child Savings Account
Program during the taxable year, unless the qualified
expenses of the individual on whose behalf the account
was established paid or incurred during the taxable
year of the distribution are equal to or exceed the
amount of such distribution.
``(B) Distributions from roth ira.--If any amount
is contributed to a Roth IRA in a rollover distribution
from an account under the Federal Child Savings Program
as provided in section 201(c)(1) of the Five Freedoms
for America's Children Act, the tax imposed by this
title for any taxable year shall be increased by an
amount equal to 20 percent of the amount of any
distribution from such Roth IRA within the 5-year
period beginning on the date of the rollover, to the
extent that such distribution from the Roth IRA, when
aggregated with all other distributions from such Roth
IRA during such 5-year period, does not exceed the
amount contributed in such rollover distribution. The
preceding sentence shall not apply to the extent the
qualified expenses of the individual on whose behalf
the account under the Federal Child Savings Account
Program was established which are paid or incurred
during the taxable year of the distribution from the
Roth IRA are equal to or exceed the amount of such
distribution.
``(C) Qualified expenses.--For purposes of
subparagraphs (A) and (B), the term `qualified
expenses' means amounts paid or incurred by an
individual--
``(i) as collateral required for a loan
provided by the Small Business Administration,
``(ii) as qualified acquisition costs (as
defined in section 72(t)(8)(C)) with respect to
a residence intended to be the primary
residence of the individual, or
``(iii) for qualified higher education
expenses of the individual at an eligible
educational institution.
``(4) Definitions.--Any term used in this subsection which
is also used in section 529 of the Internal Revenue Code of
1986 has the same meaning as when used in such section.''.
(h) Clerical Amendment.--The table of sections for part VIII of
subchapter F of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 529A the
following new item:
``Sec. 529B. Child Savings Account Program.''.
(i) Appropriation.--There is hereby appropriated to the Secretary
of the Treasury, to remain available until spent without fiscal year
limitation--
(1) $100,000,000 for technology and technology systems
necessary for the implementation and administration of the
Federal Child Savings Account Program;
(2) $25,000,000 for each fiscal year beginning with fiscal
year 2022 for the administration of the Federal Child Savings
Account Program; and
(3) such sums as are necessary to make contributions to
Federal Child Savings Accounts as required under paragraphs
(4)(A), (4)(C), and (5) of subsection (c).
TITLE III--FREEDOM TO LEARN
SEC. 301. INCREASED MANDATORY FUNDING FOR CHILD CARE.
(a) In General.--Section 418(a)(3) of the Social Security Act (42
U.S.C. 618(a)(3)) is amended to read as follows:
``(3) Appropriation.--
``(A) In general.--For grants under this section,
there are appropriated $10,000,000,000 for each fiscal
year.
``(B) Indian tribes and tribal organizations.--The
Secretary shall reserve not less than 3 percent, and
not more than 5 percent, of the aggregate amount
appropriated to carry out this section in each fiscal
year for grants to Indian tribes and tribal
organizations.
``(C) Territories.--The Secretary shall reserve not
less than 2 percent, and not more than 4 percent, of
the aggregate amount appropriated to carry out this
section in each fiscal year for grants to territories.
``(D) States.--The Secretary shall use the
remainder of the aggregate amount appropriated to carry
out this section in each fiscal year, after the
application of subparagraphs (B) and (C), for grants to
States.''.
(b) Uses for Increased Funding.--Section 418 of such Act (42 U.S.C.
618) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c), the following:
``(d) Special Rules for Increased Funding for States.--With respect
to fiscal year 2022 and each fiscal year thereafter--
``(1) a State shall give priority to using the additional
funds received by the State under this section for a fiscal
year as a result of the amendment made by section 301(a) of the
Five Freedoms for America's Children Act for the provision of
financial assistance for eligible children (which may include
increased payment rates under section 658(e)(4)) of the Child
Care and Development Block Grant Act of 1990, rather than for
activities under section 658G of that Act or administrative
activities; and
``(2) a State may only use such additional funds to
supplement, and not supplant, funds for child care assistance
or for other child-related initiatives that would, in the
absence of such additional Federal funds, be made available
from other Federal, State, and local sources for such
assistance or initiatives.''.
(c) Conforming Amendments.--Section 418(a) of such Act (42 U.S.C.
618(a)) is amended--
(1) in paragraph (2)(A), by striking ``after'' and
inserting ``after the application of subparagraphs (B) and (C)
of paragraph (3) and''; and
(2) in paragraph (4)(E), by striking ``paragraph'' and
inserting ``subsection''.
(d) Effective Date.--The amendments made by this section take
effect on October 1, 2021.
SEC. 302. MANDATORY APPROPRIATIONS FOR HEAD START ACT.
Section 639 of the Head Start Act (42 U.S.C. 9834) is amended to
read as follows:
``SEC. 639. MANDATORY APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated, and
there are appropriated, to carry out this subchapter (other than
section 657B)--
``(1) for fiscal year 2022, $18,000,000,000; and
``(2) for each subsequent fiscal year, the amount that was
applicable for the previous fiscal year, adjusted by the total
percentage change that occurred in the Consumer Price Index for
all Urban Consumers, as published by the Bureau of Labor
Statistics of the Department of Labor, for the 12-month period
ending June 30 preceding the fiscal year.
``(b) Supplement, Not Supplant.--Funds available under subsection
(a) to carry out this subchapter shall be used to supplement, and not
supplant, other Federal, State, and local funds available to carry out
the activities supported under this subchapter.''.
SEC. 303. ENHANCEMENT OF CHILD AND DEPENDENT CARE TAX CREDIT.
(a) In General.--Paragraph (2) of section 21(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(2) Applicable percentage.--
``(A) In general.--For purposes of paragraph (1),
the term `applicable percentage' means 50 percent
reduced (but not below the phaseout percentage) by 1
percentage point for each $2,000 (or fraction thereof)
by which the taxpayer's adjusted gross income for the
taxable year exceeds $125,000.
``(B) Phaseout percentage.--For purposes of
subparagraph (A), the term `phaseout percentage' means
20 percent reduced (but not below zero) by 1 percentage
point for each $2,000 (or fraction thereof) by which
the taxpayer's adjusted gross income for the taxable
year exceeds $400,000.''.
(b) Increase in Dollar Limit on Amount Creditable.--Subsection (c)
of section 21 of the Internal Revenue Code of 1986 is amended--
(1) in paragraph (1), by striking ``$3,000'' and inserting
``$8,000''; and
(2) in paragraph (2), by striking ``$6,000'' and inserting
``$16,000''.
(c) Special Rule for Married Couples Filing Separate Returns.--
Paragraph (2) of section 21(e) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(2) Married couples filing separate returns.--
``(A) In general.--In the case of married
individuals who do not file a joint return for the
taxable year--
``(i) the applicable percentage under
subsection (a)(2) and the number of qualifying
individuals and aggregate amount excludable
under section 129 for purposes of subsection
(c) shall be determined with respect to each
such individual as if the individual had filed
a joint return with the individual's spouse,
and
``(ii) the aggregate amount of the credits
allowed under this section for such taxable
year with respect to both spouses shall not
exceed the amount which would have been allowed
under this section if the individuals had filed
a joint return.
``(B) Regulations.--The Secretary shall prescribe
such regulations or other guidance as is necessary to
carry out the purposes of this subsection.''.
(d) Adjustment for Inflation.--Section 21 of the Internal Revenue
Code of 1986 is amended--
(1) by striking subsections (g) and (h);
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection:
``(f) Inflation Adjustment.--
``(1) In general.--In the case of a calendar year beginning
after 2022, the $125,000 amount in paragraph (2) of subsection
(a) and the dollar amounts in subsection (c) shall each be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2021' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
``(2) Rounding.--If any dollar amount, after being
increased under paragraph (1), is not a multiple of $100, such
dollar amount shall be rounded to the next lowest multiple of
$100.''.
(e) Credit To Be Refundable.--
(1) In general.--The Internal Revenue Code of 1986 is
amended--
(A) by redesignating section 21 as section 36C; and
(B) by moving section 36C, as so redesignated, from
subpart A of part IV of subchapter A of chapter 1 to
the location immediately before section 37 in subpart C
of part IV of subchapter A of chapter 1.
(2) Technical amendments.--
(A) Paragraph (1) of section 23(f) of the Internal
Revenue Code of 1986 is amended by striking ``21(e)''
and inserting ``36C(e)''.
(B) Paragraph (6) of section 35(g) of such Code is
amended by striking ``21(e)'' and inserting ``36C(e)''.
(C) Paragraph (1) of section 36C(a) of such Code
(as redesignated by paragraph (1)) is amended by
striking ``this chapter'' and inserting ``this
subtitle''.
(D) Subparagraph (C) of section 129(a)(2) of such
Code is amended by striking ``section 21(e)'' and
inserting ``section 36C(e)''.
(E) Paragraph (2) of section 129(b) of such Code is
amended by striking ``section 21(d)(2)'' and inserting
``section 36C(d)(2)''.
(F) Paragraph (1) of section 129(e) of such Code is
amended by striking ``section 21(b)(2)'' and inserting
``section 36C(b)(2)''.
(G) Subsection (e) of section 213 of such Code is
amended by striking ``section 21'' and inserting
``section 36C''.
(H) Subparagraph (H) of section 6213(g)(2) of such
Code is amended by striking ``section 21'' and
inserting ``section 36C''.
(I) Subparagraph (L) of section 6213(g)(2) of such
Code is amended by striking ``section 21, 24, or 32,''
and inserting ``section 24, 32, or 36C,''.
(J) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``36C,''
after ``36B,''.
(K) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item
relating to section 36B the following:
``Sec. 36C. Expenses for household and dependent care services
necessary for gainful employment.''.
(L) The table of sections for subpart A of such
part IV is amended by striking the item relating to
section 21.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
TITLE IV--FREEDOM FROM HUNGER
SEC. 401. MANDATORY DIRECT CERTIFICATION.
Section 9(b)(5) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(b)(5)) is amended--
(1) in the paragraph heading, by striking ``Discretionary
certification'' and inserting ``Direct certification of
additional low-income children''; and
(2) in the matter preceding subparagraph (A), by striking
``may'' and inserting ``shall''.
SEC. 402. DIRECT CERTIFICATION FOR CHILDREN RECEIVING SOCIAL SECURITY
INCOME.
(a) In General.--Section 9(b)(5) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(5)) is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E)(ii), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following:
``(F) a child who receives supplemental security
income payments under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.).''.
(b) Data From Social Security Administration.--Section 9(b) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is
amended by adding at the end the following:
``(16) Data from social security administration.--In the
case of direct certification under paragraph (5) or (12)(A) of
a child who receives supplemental security income payments
under title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.), the Commissioner of Social Security shall provide a
local educational agency with the data necessary to certify the
child in accordance with a data-sharing agreement between the
Commissioner and the State in which the local educational
agency is located.''.
SEC. 403. RETROACTIVE REIMBURSEMENT.
Section 9(b)(9) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(b)(9)) is amended by adding at the end the following:
``(D) Retroactive reimbursement.--
``(i) Definitions.--In this subparagraph:
``(I) Change in eligibility.--The
term `change in eligibility' means,
with respect to eligibility for the
school lunch program under this Act--
``(aa) a change from
eligibility for reduced price
meals to eligibility for free
meals; and
``(bb) a change from
noneligibility to eligibility
for free or reduced price
meals.
``(II) Meal claim.--The term `meal
claim' means any documentation provided
by a school food authority to a State
agency in order to receive
reimbursement under this Act for the
cost of a meal served to a child by the
school food authority.
``(III) Previously submitted.--The
term `previously submitted', with
respect to a meal claim, means a meal
claim submitted on or after the
retroactive date.
``(IV) Retroactive date.--The term
`retroactive date' means the first day
of the current school year.
``(ii) Retroactivity.--
``(I) Submission of meal claims.--A
local educational agency shall--
``(aa) revise and resubmit
a previously submitted meal
claim to reflect a change in
eligibility described in
subclause (i)(I)(aa) of a
child; and
``(bb) submit a meal claim
for any meal provided on or
after the retroactive date for
a child that has a change of
eligibility described in
subclause (i)(I)(bb).
``(II) Reimbursement by
secretary.--The Secretary shall
reimburse each meal claim submitted by
a local educational agency under
subclause (I).
``(iii) Reimbursement to families.--A local
educational agency that receives a
reimbursement under clause (ii)(II) shall
reimburse the household of a child for any fees
paid by the household on or after the
retroactive date and prior to the change in
eligibility of the child.''.
SEC. 404. UNIVERSAL MEDICAID DIRECT CERTIFICATION.
Section 9(b)(15) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(b)(15)) is amended--
(1) in subparagraph (A)--
(A) by striking clause (i) and inserting the
following:
``(i) Eligible child.--
``(I) In general.--The term
`eligible child' means a child who--
``(aa)(AA) is eligible for
and receiving medical
assistance under the Medicaid
program; and
``(BB) is a member of a
family with an income as
measured by the Medicaid
program that does not exceed,
in the case of eligibility for
free meals, 133 percent of the
poverty line (as defined in
section 673(2) of the Community
Services Block Grant Act (42
U.S.C. 9902(2)), including any
revision required by such
section) applicable to a family
of the size used for purposes
of determining eligibility for
the Medicaid program, or, in
the case of eligibility for
reduced price meals, the
applicable family size income
level under the income
eligibility guidelines for
reduced price meals; or
``(bb) is a member of a
household (as that term is
defined in section 245.2 of
title 7, Code of Federal
Regulations (or successor
regulations)) with a child
described in item (aa).
``(II) Other children.--The term
`eligible child' includes a child who
is eligible for and receiving medical
assistance under the Medicaid program
under subclause (I) of section
1902(a)(10)(A)(i) of the Social
Security Act (42 U.S.C.
1396a(a)(10)(A)(i))--
``(aa) on the basis of
receiving aid or assistance
under the State plan approved
under part E of title IV of
that Act (42 U.S.C. 670 et
seq.);
``(bb) by reason of section
473(b) of that Act (42 U.S.C.
673(b)); or
``(cc) under subclause (II)
of section 1902(a)(10)(A)(i) of
that Act (42 U.S.C.
1396a(a)(10)(A)(i)).''; and
(B) by adding at the end the following:
``(iii) Without further application.--The
term `without further application' has the
meaning given the term in paragraph (4)(G).'';
and
(2) by striking subparagraphs (B) through (H) and inserting
the following:
``(B) Agreement.--For the school year beginning on
July 1, 2022, and each school year thereafter, each
State shall enter into an agreement described in
subparagraph (C) with the 1 or more State agencies
conducting eligibility determinations for the Medicaid
program.
``(C) Procedures.--
``(i) In general.--Subject to subparagraph
(D) and paragraph (6), an agreement entered
into under subparagraph (B) shall establish
procedures under which an eligible child shall
be certified as eligible, without further
application, for--
``(I) free or reduced price lunch
under this Act; and
``(II) free or reduced price
breakfast under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
``(ii) Free meals.--Each agreement entered
into under subparagraph (B) shall ensure that a
child who is simultaneously eligible for
reduced price meals under this paragraph or
based on an income eligibility determination,
and for free meals based on documentation
provided under subsection (d)(2), shall be
certified for free meals.
``(D) Certification.--Subject to paragraph (6), and
according to an agreement entered into under
subparagraph (B), the local educational agency
conducting eligibility determinations under that
agreement shall certify an eligible child as eligible,
without further application, for--
``(i) free or reduced price lunch under
this Act; and
``(ii) free or reduced price breakfast
under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773).''.
SEC. 405. UNIVERSAL MEAL SERVICE IN HIGH POVERTY AREAS.
Section 11(a)(1)(F) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1759a(a)(1)(F)) is amended by striking clause (vii) and
inserting the following:
``(vii) Multiplier.--For each school year
beginning on or before July 1, 2022, the
multiplier shall be 2.5.''.
SEC. 406. STATEWIDE FREE UNIVERSAL SCHOOL MEALS DEMONSTRATION PROJECTS.
Section 11(a)(1) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the
following:
``(G) Statewide free universal school meals
demonstration projects.--
``(i) Definitions.--In this subparagraph:
``(I) Demonstration project.--The
term `demonstration project' means a
demonstration project carried out under
clause (ii).
``(II) Eligible school.--
``(aa) In general.--The
term `eligible school' means a
school that participates in the
school lunch program under this
Act and the school breakfast
program under section 4 of the
Child Nutrition Act of 1966 (42
U.S.C. 1773).
``(bb) Exclusion.--The term
`eligible school' does not
include a residential child
care institution (as defined in
section 210.2 of title 7, Code
of Federal Regulations (or
successor regulations)).
``(III) Identified student.--The
term `identified student' has the
meaning given the term in subparagraph
(F)(i).
``(IV) Selected state.--The term
`selected State' means a State selected
to carry out a demonstration project
under clause (iii)(I).
``(ii) Establishment.--Not later than July
1, 2023, the Secretary shall carry out
demonstration projects in selected States under
which school meals are provided at no charge to
every student at an eligible school in the
selected State.
``(iii) State selection.--
``(I) In general.--The Secretary
shall select not more than 5 States to
each carry out a demonstration project.
``(II) Applications.--A State
seeking to carry out a demonstration
project shall submit to the Secretary
an application at such time, in such
manner, and containing such information
as the Secretary may require.
``(III) Priority.--In carrying out
subclause (I), the Secretary shall give
priority to a State based on--
``(aa) the level of
childhood poverty in the State;
``(bb) the extent to which
the State has implemented
subparagraph (F);
``(cc) the extent to which
the direct certification rate
of the State meets the required
percentage (as defined in
section 9(b)(4)(F)(i));
``(dd) the extent to which
the State demonstrates a
commitment to providing
technical assistance to local
educational agencies that will
implement the demonstration
project in the State; and
``(ee) the extent to which
the State demonstrates a
commitment to providing non-
Federal funding under clause
(vi)(III).
``(iv) Start date.--A demonstration project
shall begin in a selected State on the first
day of the school year in that State.
``(v) Special assistance payments.--
``(I) First year.--For each month
of the first school year during which a
demonstration project is carried out, a
selected State shall receive special
assistance payments at the rate for
free meals for a percentage of all
reimbursable meals served in eligible
schools in the State in an amount equal
to the product obtained by
multiplying--
``(aa) 1.9; and
``(bb) the percentage of
identified students in eligible
schools in the State as of the
last day of the prior school
year, up to a maximum of 100
percent.
``(II) Subsequent years.--For each
month of the second school year and
each subsequent school year during
which a demonstration project is
carried out, a selected State shall
receive special assistance payments at
the rate for free meals for a
percentage of all reimbursable meals
served in eligible schools in the State
in an amount equal to the product
obtained by multiplying--
``(aa) 1.9; and
``(bb) the higher of--
``(AA) the
percentage of
identified students in
eligible schools as of
the last day of the
prior school year; and
``(BB) the
percentage of
identified students in
eligible schools as of
the last day of the
school year prior to
the first school year
during which a
demonstration project
is carried out, up to a
maximum of 100 percent.
``(III) Payment for other meals.--
With respect to the reimbursable meals
described in subclauses (I) and (II)
for which a selected State is not
receiving special assistance payments
under this clause, the reimbursement
rate shall be the rate provided under
section 4.
``(IV) Payments in lieu of.--A
special assistance payment made under
this clause shall be in lieu of any
other special assistance payment made
under this paragraph.
``(vi) State implementation.--
``(I) Preliminary activities.--Each
selected State shall, in the school
year preceding the first school year
during which the demonstration project
shall be carried out in the State--
``(aa) identify each
eligible school in the State;
``(bb) in consultation with
the Secretary, combine the
percentage of identified
students across eligible
schools for the purpose of
calculating the maximum
reimbursement rate to ensure
that the special assistance
payments received under clause
(v) are for the maximum amount;
``(cc) inform local
educational agencies of the
demonstration project; and
``(dd) coordinate with
local educational agencies to
provide information about the
demonstration project to
parents or guardians of
students attending eligible
schools.
``(II) Meal service.--As part of a
demonstration project, an eligible
school in a selected State--
``(aa) shall not collect
applications for free and
reduced price lunches under
this Act; and
``(bb) shall make school
meals available to all children
at the school at no charge.
``(III) Non-federal funding.--
``(aa) In general.--Each
selected State may support the
demonstration project using--
``(AA) funds from
State and local sources
that are used for the
maintenance of the free
lunch program under
this Act and the free
breakfast program under
section 4 of the Child
Nutrition Act of 1966
(42 U.S.C. 1773); and
``(BB) State
revenues appropriated
or used for program
purposes under section
7 of this Act.
``(bb) Non-federal
contributions.--In addition to
the funding received under this
Act and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et
seq.), each selected State
shall provide funding from non-
Federal sources to ensure that
local educational agencies in
the State receive the free
reimbursement rate for not less
than 90 percent of the meals
served at eligible schools.
``(cc) Continuation of free
rate.--
``(AA) Definition
of covered school
year.--In this item,
the term `covered
school year' means the
school year preceding
the first school year
during which a
demonstration project
is carried out.
``(BB) Free rate.--
A selected State that
receives special
assistance payments at
the free reimbursement
rate under subparagraph
(F) for more than 90
percent of the meals
served at eligible
schools in the covered
school year shall
continue to receive the
free reimbursement rate
for not less than the
same percentage of
meals in each school
year during which a
demonstration project
is carried out.
``(vii) Report.--
``(I) In general.--Not later than
September 30, 2027, the Secretary,
acting through the Administrator of the
Food and Nutrition Service, shall
submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate
and the Committees on Agriculture and
Education and Labor of the House of
Representatives a report that evaluates
the impact of each demonstration
project in a selected State with
respect to--
``(aa) academic
achievement, absenteeism,
tardiness, the school
environment, child food
insecurity in the selected
State, and other key factors
identified in consultation with
the Secretary of Education;
``(bb) the rate of
participation in the free lunch
program under this Act and the
free breakfast program under
section 4 of the Child
Nutrition Act of 1966 (42
U.S.C. 1773) among identified
students and other students;
``(cc) school meal
services, finances, and
operations in the selected
State;
``(dd) administrative costs
to the selected State and the
school food authorities
participating in the
demonstration project; and
``(ee) the integrity of the
operation of the free lunch
program under this Act in the
selected State.
``(II) Funding.--
``(aa) In general.--On
October 1, 2023, out of any
funds in the Treasury not
otherwise appropriated, the
Secretary of the Treasury shall
transfer to the Secretary to
carry out this clause
$3,000,000, to remain available
until September 30, 2027.
``(bb) Receipt and
acceptance.--The Secretary
shall be entitled to receive,
shall accept, and shall use to
carry out this clause the funds
transferred under item (aa),
without further
appropriation.''.
TITLE V--FREEDOM TO BE SAFE FROM HARM
Subtitle A--Funding for the Child Abuse Prevention and Treatment Act
SEC. 501. ADDITIONAL CAPTA FUNDING.
(a) Additional Amounts for State Grants To Improve Child Protective
Services.--Section 106 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106a) is amended by adding at the end the following:
``(g) Additional Funding.--
``(1) In general.--To carry out this section, in addition
to amounts made available under section 112 for such purposes,
there are authorized to be appropriated, and there are
appropriated, out of amounts in the Treasury not otherwise
appropriated, $250,000,000 for each of fiscal years 2022
through 2031, to remain available until expended.
``(2) Allotments.--Except as otherwise provided in this
section, out of the amounts appropriated under paragraph (1),
the Secretary shall make allotments to each eligible State and
territory in an amount equal to the sum of--
``(A) $50,000; and
``(B) an amount that bears the same relationship to
any amounts appropriated under paragraph (1) that
remain after all such States and territories have
received $50,000, as the number of children under the
age of 18 in the State or territory bears to the number
of such children in all States and territories that
apply for such a grant.
``(3) Eligible state.--To be eligible to receive an
allotment under paragraph (2), a State or territory shall
demonstrate in its application for a grant under this section
that such State or territory, for purposes of carrying out the
programs supported by such grant, will expend the same amount,
or more, of State or territory funds in the fiscal year for
which the grant is awarded as such State or territory expended
for such purposes in the previous fiscal year.
``(4) Definitions.--In this subsection, the terms `State'
and `territory' have the meanings given such terms in
subsection (f)(1).''.
(b) Additional Amounts for Community-Based Grants for the
Prevention of Child Abuse and Neglect.--
(1) In general.--Section 203 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5116b) is amended--
(A) in subsection (a), by striking ``amount
appropriated under section 210'' and inserting
``amounts appropriated under section 209 and subsection
(d)(1)''; and
(B) by adding at the end the following:
``(d) Additional Funding.--
``(1) Additional appropriation.--To carry out this title,
in addition to amounts made available under section 209 for
such purposes, there are authorized to be appropriated, and
there are appropriated, out of amounts in the Treasury not
otherwise appropriated, $250,000,000 for each of fiscal years
2022 through 2031, to remain available until expended.
``(2) Allotments.--
``(A) In general.--The Secretary shall allot the
amount appropriated under paragraph (1) for a fiscal
year and remaining after the reservation under
subsection (a) among eligible States in the same manner
the Secretary allots amounts appropriated under section
209 pursuant to subsection (b). For purposes of this
paragraph, the allotment formula described in
subsection (b) shall be applied substituting `eligible
State' for `State' each place such term appears in such
subsection, and substituting `eligible States' for
`States' each place such term appears in such
subsection.
``(B) Eligible state.--For purposes of this
paragraph, the term `eligible State' means a State that
demonstrates in its application for a grant under
section 204 that such State, for purposes of carrying
out the programs supported by a grant under this title,
will expend the same amount, or more, of State funds in
the fiscal year for which the grant is awarded as such
State expended for such purposes in the previous fiscal
year.''.
(2) Clarification.--Section 204(4) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116d(4)) is amended by
inserting ``(excluding any amount received under section
203(d))'' after ``received under this title''.
Subtitle B--Funding for Grants To Protect Children From Institutional
and Systemic Abuse
SEC. 511. PURPOSE.
The purpose of this subtitle is to support and assist States in
investigating, recognizing, reporting and preventing institutional and
systemic child abuse.
SEC. 512. DEFINITIONS.
In this subtitle:
(1) Institutional and systemic child abuse.--The term
``institutional and systemic child abuse'' means a pattern of
any form of abuse or neglect of a child when occurring while
the child is in the care of a public or private facility in the
State, including a correctional facility, detention facility,
treatment facility, childcare center, educational or religious
institution, and hospital.
(2) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(3) Unit of local government.--The term ``unit of local
government'' means--
(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
(B) any law enforcement district or judicial
enforcement district that--
(i) is established under applicable State
law; and
(ii) has the authority to, in a manner
independent of other State entities, establish
a budget and raise revenues; or
(C) an Indian Tribe that performs law enforcement
functions, as determined by the Secretary of the
Interior.
SEC. 513. GRANT PROGRAM.
(a) Grants Required.--The Attorney General shall make grants to
States to assist States in investigating, recognizing, reporting, and
preventing institutional and systemic child abuse.
(b) Allocation of Funds.--Funds shall be allocated annually among
eligible States on the basis of relative population of individuals
under the age of 18, but the amount allocated to any State in a fiscal
year shall not be less than $500,000.
(c) Requirements.--
(1) Plan.--
(A) In general.--To be eligible for a grant under
this subtitle, a State shall submit to the Attorney
General a plan for carrying out programs, projects, and
activities using the funds made available through the
grant during a 5-year period.
(B) Update.--A State shall annually update a plan
submitted under subparagraph (A) to include new
programs, projects, and activities dedicated to
recognizing, reporting, investigating, and preventing
institutional and systemic child abuse.
(C) Regulations.--The Attorney General shall
promulgate regulations that require that any plan
submitted under this paragraph--
(i) provide that not less than 70 percent
of funds allocated to the State shall be
distributed to the attorney general of the
State or other chief law enforcement officer
for--
(I) conducting investigations into
institutional and systemic child abuse;
and
(II) planning, establishing,
operating, coordinating, and evaluating
evidence-based and trauma-informed
projects to develop more effective
education, training, and research into
preventing institutional and systemic
child abuse;
(ii) provide that not less than 20 percent
of funds allocated to the State shall be
distributed equitably to units of local
government for planning, establishing,
operating, coordinating, and evaluating
evidence-based and trauma-informed projects to
develop more effective education, training, and
research into preventing institutional and
systemic child abuse;
(iii) designate a senior official reporting
to the attorney general of the State or other
chief law enforcement officer as responsible
for--
(I) supervising the preparation and
administration of the plan submitted
under subparagraph (A); and
(II) overseeing all investigations,
education, training, and research in
the office of the attorney general of
the State or other chief law
enforcement officer related to
institutional and systemic child abuse;
and
(iv) contain satisfactory evidence that the
official designated in accordance with clause
(iii) has or will have authority, by
legislation if necessary, to implement the plan
in accordance with this subtitle.
(2) Annual performance reports.--Each State awarded a grant
under this subtitle shall submit to the Attorney General an
annual performance report that--
(A) describes the progress of the State in
implementing the original plan submitted under
paragraph (1)(A); and
(B) describes the status of compliance with the
requirements of the plan.
(3) Rule of construction.--Nothing in this subsection may
be construed to require the dissemination of any information
that the Attorney General determines--
(A) is law enforcement sensitive and should only be
disclosed within the law enforcement community; or
(B) poses a threat to a child.
(d) Noncompliance.--
(1) Failure to comply with requirements.--If a State fails
to comply with any of the applicable requirements in subsection
(c), in any fiscal year beginning after September 30, 2021--
(A) subject to subparagraph (B), the amount
allocated to the State under subsection (b) for the
subsequent fiscal year shall be reduced by not less
than 20 percent for each such requirement with respect
to which the failure occurs; and
(B) the State shall be ineligible to receive any
allocation under such section for such fiscal year
unless--
(i) the State agrees to expend 50 percent
of the amount allocated to the State for such
fiscal year to achieve compliance with any
requirement with respect to which the State is
in noncompliance; or
(ii) the Attorney General determines that
the State--
(I) has achieved substantial
compliance with the requirements with
respect to which the State was not in
compliance; and
(II) has made, through appropriate
executive or legislative action, an
unequivocal commitment to achieving
full compliance with such requirements
within a reasonable time.
(2) Nonsubmission or nonqualification of plan.--
(A) In general.--If a State does not submit a plan,
fails to submit a plan, or submits a plan or any
modification thereof, that the Attorney General, after
reasonable notice and opportunity for hearing,
determines does not meet the requirements of this
subtitle, the Attorney General shall endeavor to make
the allocation to the State under subsection (b)
available to local public and private nonprofit
agencies within the State for use in carrying out
activities described in subsection (c)(1)(C)(i)(II).
(B) Other funds.--The Attorney General shall make
funds that remain available after disbursements under
subparagraph (A), and any other unobligated funds,
available on an equitable basis to those States that
have achieved full compliance with the requirements
under this subtitle.
(e) Regulations.--The Attorney General shall promulgate regulations
to carry out this subtitle.
(f) Administrative Expenses.--The Attorney General may use not more
than 5 percent of the funds appropriated for a fiscal year to carry out
this subtitle for the Federal administrative costs of carrying out this
subtitle for that fiscal year.
(g) Direct Appropriation.--To carry out this subtitle, there are
authorized to be appropriated, and there are appropriated, out of
amounts in the Treasury not otherwise appropriated, $250,000,000 for
each of fiscal years 2022 through 2031, to remain available until
expended.
<all>
|
Five Freedoms for America’s Children Act
|
A bill to ensure America's children have the freedom to be healthy, to be economically secure, to learn, to not be hungry, and to be safe from harm.
|
Five Freedoms for America’s Children Act
|
Sen. Casey, Robert P., Jr.
|
D
|
PA
|
11,327
| 8,765
|
H.R.1560
|
Crime and Law Enforcement
|
Resources for Victims of Gun Violence Act of 2021
This bill establishes the Advisory Council to Support Victims of Gun Violence.
Among other things, the advisory council must assess the needs of victims of gun violence and disseminate information about helpful resources.
|
To establish a Federal Advisory Council to Support Victims of Gun
Violence.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resources for Victims of Gun
Violence Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the United States, more than 100 individuals are
killed with guns every day, totaling nearly 40,000 individuals
who die from gun violence every year.
(2) Additionally, more than 230 individuals sustain a
nonfatal gun injury every day. According to a recent national
poll, an estimated 10,000,000 individuals in the United States
have been shot and injured in their lifetimes.
(3) In that same poll, approximately 58 percent of adults
in the United States reported that they, or someone they care
for, have experienced a form of gun violence, including a gun
suicide, a gun homicide, domestic violence involving a gun, or
an unintentional shooting.
(4) Nearly two-thirds of gun-related deaths in the United
States are suicides. Most individuals who attempt suicide do
not die--unless they use a gun. Approximately 90 percent of gun
suicide attempts end in death, whereas 4 percent of suicide
attempts not involving a firearm result in death.
(5) This is particularly concerning for veterans, children,
and teenagers. Veterans are 1.5 times more likely than non-
veterans to die by suicide, and in 2017, 69 percent of veteran
suicides were by gun. Among children and teenagers, the rate of
gun suicide has increased 59 percent over the past 10 years.
(6) An estimated 40,000,000 adults in the United States
report someone they cared for had attempted or died by suicide
with a gun.
(7) More than one-third of gun-related deaths in the United
States are homicides, and in 2015, the gun homicide rate in the
United States was nearly 25 times higher than in other high-
income countries.
(8) Gun homicides in the United States occur
disproportionately in cities, particularly in racially
segregated neighborhoods with high rates of poverty. Gun
homicide disproportionately affects communities of color, and
Black Americans represent the majority of gun homicide victims.
(9) More than 600 mass shootings, defined as shootings in
which 4 or more individuals were shot and killed or injured,
took place in the United States in 2020, and more than 2,600
mass shootings have taken place since the shooting at Sandy
Hook Elementary School in Newtown, Connecticut, in 2012.
(10) Firearms are the leading cause of death for children
and teenagers. In 2019, more than 3,300 children and teenagers
were shot and killed. Each year, approximately 15,600 children
and teenagers are shot and injured. Black children and
teenagers are 14 times more likely than their white peers to
die by gun homicide.
(11) During an average year in the United States, more than
600 women are shot to death by an intimate partner, and many
more women are shot and injured by an intimate partner. Nearly
1,000,000 women in the United States who are alive today have
been shot or shot at by an intimate partner, and approximately
4,500,000 women in the United States today have been threatened
with a gun by an intimate partner.
(12) More than 10,300 violent hate crimes committed in the
United States in an average year involve a gun, or more than 28
each day. The vast majority of hate crimes are directed against
communities of color, religious minorities, and individuals in
the LGBTQ+ community.
(13) In 2020, communities and cities across the United
States experienced an increase in gun violence and gun
homicides as the country struggled with the economic and social
uncertainty caused by the COVID-19 pandemic.
(14) From March 2020 through November 2020, an estimated
17,400,000 guns were sold, an 81 percent increase over the same
period in 2019. This unprecedented surge in gun sales put
children, victims of domestic abuse, and communities of color
at an even greater risk of gun violence.
(15) The individuals who survive gun violence every year in
the United States face a lifelong process of physical and
emotional healing, in addition to the heavy economic costs
faced by those survivors, their families and communities, and
society as a whole. Furthermore, victims of gun violence are
often unaware of or have trouble accessing many available
resources that could help them in their recovery.
(16) Victims of gun violence experience persistent mental
health problems, including post-traumatic stress, depression,
self-harm, anxiety, and substance abuse. The National Center
for PTSD (Post-Traumatic Stress Disorder) of the Department of
Veterans Affairs estimates that 28 percent of individuals who
witness a mass shooting develop PTSD, and about one-third of
those individuals develop acute stress disorder. Victims of gun
violence suffer from increased rates of unemployment, and young
victims of gun violence are more likely to have lower grades
and more absences from school.
(17) Young people who survive gun-related incidents are
also at risk of experiencing gun violence again in the future.
One study estimated that nearly one-fourth of the individuals
who survive a gun shooting at age 24 or younger will be shot
again within the next 10 years.
(18) Given the immense physical and emotional toll of gun
violence on victims, Congress must do more to ensure that
victims of gun violence have access to the resources they need
to recover from their trauma--especially for victims
experiencing common, everyday gun violence in racially
segregated neighborhoods with high rates of poverty and chronic
disinvestment.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the Advisory Council to Support Victims of Gun Violence
established under section 4.
(2) Appropriate committees.--The term ``appropriate
committees'' means the following:
(A) The Committee on Health, Education, Labor, and
Pensions of the Senate.
(B) The Committee on the Judiciary of the Senate.
(C) The Committee on Education and Labor of the
House of Representatives.
(D) The Committee on Energy and Commerce of the
House of Representatives.
(E) The Committee on the Judiciary of the House of
Representatives.
(F) Any other relevant committee of the Senate or
of the House of Representatives with jurisdiction over
matters affecting victims of gun violence.
(3) Gun violence.--The term ``gun violence'' means--
(A) suicide involving firearms;
(B) homicide involving firearms;
(C) domestic violence involving firearms;
(D) hate crimes involving firearms;
(E) youth violence involving firearms;
(F) mass shootings;
(G) unintentional shootings;
(H) non-fatal shootings; and
(I) threats or exposure to violent acts involving
firearms.
(4) Victim assistance professional.--The term ``victim
assistance professional'' means a professional who assists
victims of gun violence, including--
(A) a medical professional, including an emergency
medical professional;
(B) a social worker;
(C) a provider of long-term services or care; and
(D) a victim advocate.
(5) Victim of gun violence.--The term ``victim of gun
violence'' means--
(A) an individual who has been wounded as a result
of gun violence;
(B) an individual who has been threatened with an
act of gun violence;
(C) an individual who has witnessed an act of gun
violence; and
(D) a relative, classmate, coworker, or other
associate of--
(i) an individual who has been killed as a
result of gun violence; or
(ii) an individual described in
subparagraph (A) or (B).
SEC. 4. ADVISORY COUNCIL TO SUPPORT VICTIMS OF GUN VIOLENCE.
(a) Establishment.--There is established an Advisory Council to
Support Victims of Gun Violence.
(b) Membership.--
(1) In general.--The Advisory Council shall be composed of
the following members or their designees:
(A) The Secretary of Health and Human Services.
(B) The Attorney General.
(C) The Secretary of Education.
(D) The Secretary of Housing and Urban Development.
(E) The Secretary of Veterans Affairs.
(F) The Commissioner of the Social Security
Administration.
(G) The Assistant Secretary for Mental Health and
Substance Use.
(H) The Director of the Centers for Disease Control
and Prevention.
(I) The Director of the National Institutes of
Health.
(J) The Administrator of the Administration for
Community Living.
(K) The Director of the Office on Violence Against
Women.
(L) The Director of the Office for Victims of
Crime.
(M) The chairman of the Board of the Legal Services
Corporation.
(N) As appropriate, the head of any other Federal
department or agency identified by the Secretary of
Health and Human Services as having responsibilities,
or administering programs, relating to issues affecting
victims of gun violence.
(2) Additional members.--In addition to the members
described in paragraph (1), the Advisory Council shall be
composed of the following:
(A) Not fewer than 2 and not more than 5 victims of
gun violence, who shall be appointed by the Secretary
of Health and Human Services.
(B) Not fewer than 2 and not more than 5 victim
assistance professionals, who shall be appointed by the
Secretary of Health and Human Services.
(3) Lead agency.--The Department of Health and Human
Services shall be the lead agency for the Advisory Council.
(c) Duties.--
(1) Assessment.--The Advisory Council shall--
(A) survey victims of gun violence and victim
assistance professionals about their needs in order to
inform the content of information disseminated under
paragraph (2) and the report published under paragraph
(3);
(B) conduct a literature review and assess past or
ongoing programs designed to assist victims of gun
violence or individuals with similar needs to
determine--
(i) the effectiveness of the programs; and
(ii) best and promising practices for
assisting victims of gun violence; and
(C) assess the administration of compensation funds
established after mass shootings to determine best and
promising practices to direct victims of gun violence
to sources of funding.
(2) Information.--
(A) In general.--The Advisory Council shall
identify, promote, coordinate, and disseminate to the
public information, resources, and best and promising
practices available to help victims of gun violence--
(i) meet their medical, financial,
educational, workplace, housing,
transportation, assistive technology, and
accessibility needs;
(ii) maintain their mental health and
emotional well-being;
(iii) seek legal redress for their injuries
and protection against any ongoing threats to
their safety; and
(iv) access government programs, services,
and benefits for which they may be eligible or
to which they may be entitled.
(B) Contact information.--The Advisory Council
shall include in the information disseminated under
subparagraph (A) the websites and telephone contact
information for helplines of relevant Federal agencies,
State agencies, and nonprofit organizations.
(C) Availability.--The Advisory Council shall make
the information described in subparagraphs (A) and (B)
available--
(i) online through a public website; and
(ii) by submitting a hard copy and making
available additional hard copies to--
(I) each Member of Congress;
(II) each field office of the
Social Security Administration;
(III) each State agency that is
responsible for administering health
and human services, for dissemination
to medical facilities;
(IV) each State agency that is
responsible for administering education
programs, for dissemination to schools;
and
(V) the office of each State
attorney general, for dissemination to
local prosecutor's offices.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Advisory Council shall--
(A) prepare a report that--
(i) includes the best and promising
practices, resources, and other useful
information for victims of gun violence
identified under paragraph (2);
(ii) identifies any gaps in items described
in clause (i); and
(iii) if applicable, identifies any
additional Federal or State legislative
authority necessary to implement the activities
described in clause (i) or address the gaps
described in clause (ii);
(B) submit the report prepared under subparagraph
(A) to--
(i) the appropriate committees;
(ii) each State agency that is responsible
for administering health and human services;
(iii) each State agency that is responsible
for administering education programs; and
(iv) the office of each State attorney
general; and
(C) make the report prepared under subparagraph (A)
available to the public online in an accessible format.
(4) Follow-up report.--Not later than 2 years after the
date on which the Advisory Council prepares the report under
paragraph (3), the Advisory Council shall--
(A) submit to the entities described in
subparagraph (B) of that paragraph a follow-up report
that includes the information identified in
subparagraph (A) of that paragraph; and
(B) make the follow-up report described in
subparagraph (A) available to the public online in an
accessible format.
(5) Public input.--
(A) In general.--The Advisory Council shall
establish a process to collect public input to inform
the development of, and provide updates to, the best
and promising practices, resources, and other
information described in paragraph (2), including by
conducting outreach to entities and individuals
described in subparagraph (B) of this paragraph that--
(i) have a range of experience with the
types of gun violence described in section
3(3); and
(ii) include representation from
communities disproportionately affected by gun
violence.
(B) Entities and individuals.--The entities and
individuals described in this subparagraph are--
(i) States, local governments, and
organizations that provide information to, or
support for, victims of gun violence;
(ii) victims of gun violence; and
(iii) victim assistance professionals.
(C) Nature of outreach.--In conducting outreach
under subparagraph (A), the Advisory Council shall ask
for input on--
(i) information, resources, and best and
promising practices available, including
identification of any gaps and unmet needs;
(ii) recommendations that would help
victims of gun violence--
(I) better meet their medical,
financial, educational, workplace,
housing, transportation, assistive
technology, and accessibility needs;
(II) maintain their mental health
and emotional well-being;
(III) seek legal redress for their
injuries and protection against any
ongoing threats to their safety; and
(IV) access government programs,
services, and benefits for which the
victims may be eligible or to which the
victims may be entitled; and
(iii) any other subject areas discovered
during the process that would help victims of
gun violence.
(d) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Advisory Council.
(e) Funding.--No additional funds are authorized to be appropriated
to carry out this Act.
(f) Sunset.--The Advisory Council shall terminate on the date that
is 5 years after the date of establishment of the Advisory Council.
<all>
|
Resources for Victims of Gun Violence Act of 2021
|
To establish a Federal Advisory Council to Support Victims of Gun Violence.
|
Resources for Victims of Gun Violence Act of 2021
|
Rep. Evans, Dwight
|
D
|
PA
|
11,328
| 14,473
|
H.R.7080
|
Finance and Financial Sector
|
Nowhere to Hide Oligarchs' Assets Act
This bill expands the scope of the Financial Crimes Enforcement Network's (FinCEN's) authority to obtain records related to financial crimes. Specifically, FinCEN may request a nationwide geographic targeting order requiring additional recordkeeping and reporting requirements applicable to domestic financial institutions or nonfinancial trades or businesses. Under current law, such an order must be limited to a specific geographic area.
Additionally, the bill expands existing recordkeeping and reporting requirements applicable to U.S. residents, citizens, and entities when transacting with a foreign financial agency to also include transactions with a foreign nonfinancial trade or business.
|
To amend section 5326(a), of title 31, United States Code, to clarify
that an order may be issued that covers the entirety of the United
States, to amend section 5314 of title 31, United States Code, to allow
the Financial Crimes Enforcement Network to obtain necessary
information concerning foreign non-financial trades or businesses
involved in illicit financial activities, including those of Russian
and Belarussian oligarchs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nowhere to Hide Oligarchs' Assets
Act''.
SEC. 2. RECORDS OF CERTAIN DOMESTIC TRANSACTIONS.
Section 5326(a) of title 31, United States Code, is amended by
striking ``in a geographic area''.
SEC. 3. RECORDS AND REPORTS ON FOREIGN FINANCIAL AGENCY TRANSACTIONS
AND FOREIGN NONFINANCIAL TRADE OR BUSINESS TRANSACTIONS.
(a) In General.--Section 5314 of title 31, United States Code, is
amended--
(1) in the heading, by striking ``foreign financial agency
transactions'' and inserting ``foreign financial agency
transactions and foreign nonfinancial trade or business
transactions''; and
(2) in subsection (a) by striking ``foreign financial
agency'' each place it occurs and inserting ``foreign financial
agency or foreign nonfinancial trade or business''.
(b) Conforming Amendment.--The table of sections located in
subchapter II of Chapter 53 of Subtitle IV of Title 31 is amended in
the item relating to section 5314 by striking ``foreign financial
agency transactions'' and inserting ``foreign financial agency
transactions and foreign nonfinancial trade or business transactions''.
<all>
|
Nowhere to Hide Oligarchs’ Assets Act
|
To amend section 5326(a), of title 31, United States Code, to clarify that an order may be issued that covers the entirety of the United States, to amend section 5314 of title 31, United States Code, to allow the Financial Crimes Enforcement Network to obtain necessary information concerning foreign non-financial trades or businesses involved in illicit financial activities, including those of Russian and Belarussian oligarchs, and for other purposes.
|
Nowhere to Hide Oligarchs’ Assets Act
|
Rep. Waters, Maxine
|
D
|
CA
|
11,329
| 9,347
|
H.R.6119
|
Economics and Public Finance
|
Further Extending Government Funding Act
This act provides continuing FY2022 appropriations for federal agencies, provides supplemental appropriations, and extends several expiring authorities.
Specifically, the act provides continuing FY2022 appropriations to federal agencies through the earlier of February 18, 2022, or the enactment of the applicable appropriations act.
It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2022 appropriations bills have not been enacted when the existing CR expires on December 3, 2021.
The CR funds most programs and activities at the FY2021 levels with several exceptions that provide funding flexibility and additional appropriations for various programs.
In addition, the act provides supplemental appropriations to several federal agencies for activities related to the evacuees from Afghanistan. Specifically, the act provides appropriations to
The act also extends several expiring authorities, including
|
[117th Congress Public Law 70]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 1499]]
Public Law 117-70
117th Congress
An Act
Making further continuing appropriations for the fiscal year ending
September 30, 2022, and for other purposes. <<NOTE: Dec. 3,
2021 - [H.R. 6119]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Further
Extending Government Funding Act.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Further Extending Government Funding
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2022
DIVISION B--ADDITIONAL AFGHANISTAN SUPPLEMENTAL APPROPRIATIONS ACT, 2022
DIVISION C--EXTENSIONS
Title I--Extensions
Title II--Budgetary Effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--FURTHER <<NOTE: Further Continuing Appropriations Act,
2022.>> CONTINUING APPROPRIATIONS ACT, 2022
Sec. 101. The Continuing Appropriations Act, 2022 (division A of
Public Law 117-43) is amended--
(1) <<NOTE: Ante, p. 346.>> by striking the date specified
in section 106(3) and inserting ``February 18, 2022'';
(2) <<NOTE: Ante, p. 348.>> in section 118, by striking
``first quarter'' and inserting ``first and second quarters'';
(3) <<NOTE: Ante, p. 352.>> in section 137, by striking
``$22,080,000'' and inserting ``$44,838,000'' and by striking
``$2,261,000'' and inserting ``$4,547,000''; and
(4) <<NOTE: Applicability.>> by adding after section 157
the following new sections:
``Sec. 158. Section 9(i)(2) of the Food and Nutrition Act of 2008
(7 U.S.C. 2018(i)(2)) shall be applied by substituting the date
specified in section 106(3) of this Act for `December 31, 2021'.
``Sec. 159. Section <<NOTE: Repeal.>> 533 of title V of division B
of Public Law 116-260 is repealed.
[[Page 135 STAT. 1500]]
``Sec. 160. (a) Notwithstanding section 101, section 748 of title
VII of division E of Public Law 116-260 shall be applied during the
period covered by this Act by--
``(1) substituting `2023' for `2022';
``(2) substituting `2022' for `2021' each place it appears;
``(3) substituting `2021' for `2020' each place it appears;
and
``(4) substituting `section 748 of division E of Public Law
116-260, as in effect on September 30, 2021' for `section 749 of
division C of Public Law 116-93' each place it appears.
``(b) <<NOTE: Effective date.>> Subsection (a) shall not take
effect until the first day of the first applicable pay period beginning
on or after January 1, 2022.
``Sec. 161. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act shall be applied by substituting the date
specified in section 106(3) of this Act for `December 31, 2021' each
place it appears.
``Sec. 162. In addition to amounts otherwise provided by this Act,
there is appropriated $1,600,000,000, for an additional amount for
fiscal year 2022, to remain available until September 30, 2024, for the
account specified and for the activities specified, in section 141 of
this Act.
``Sec. 163. During the period covered by this Act, section
506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318) shall
be applied by substituting `$200,000,000' for `$100,000,000'.''.
This division may be cited as the ``Further Continuing
Appropriations Act, 2022''.
DIVISION B--ADDITIONAL <<NOTE: Additional Afghanistan Supplemental
Appropriations Act, 2022.>> AFGHANISTAN SUPPLEMENTAL APPROPRIATIONS
ACT, 2022
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$128,000,000, to remain available until September 30, 2022, for support
of Operation Allies Welcome by the Department of Defense.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$7,000,000, to remain available until September 30, 2022, for support of
Operation Allies Welcome by the Department of Defense.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$32,000,000, to remain available until September 30, 2022,
[[Page 135 STAT. 1501]]
for support of Operation Allies Welcome by the Department of Defense.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$145,000,000, to remain available until September 30, 2022, for support
of Operation Allies Welcome by the Department of Defense.
OPERATION AND MAINTENANCE
Overseas Humanitarian, Disaster, and Civic Aid
For an additional amount for ``Overseas Humanitarian, Disaster, and
Civic Aid'', $4,000,000,000, to remain available until September 30,
2023, for support of Operation Allies Welcome by the Department of
Defense.
GENERAL PROVISIONS--THIS TITLE
Sec. 1101. Not <<NOTE: Time period. Reports.>> later than 30 days
after the date of enactment of this Act, and every 30 days thereafter
through fiscal year 2022, the Secretary of Defense shall provide a
written report to the congressional defense committees describing the
execution of funds provided in this title, including the amounts
obligated and expended, in total and since the previous report; the
nature of the costs incurred or services provided by such funds; and any
reimbursements or funds transferred by another Federal agency to the
Department of Defense which relates to the purpose of the funds provided
by this title.
Sec. 1102. Notwithstanding any other provision of law, funds
provided by this title shall only be for the purposes specified, and
shall not be subject to any transfer authority provided by law.
TITLE II
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For an additional amount for ``Operations and Support'',
$147,456,000, to remain available until September 30, 2022, for
necessary expenses in support of Operation Allies Welcome, including the
provision of staffing and support services for Safe Havens: Provided,
That amounts <<NOTE: Transfer authority.>> provided under this heading
in this Act may be transferred by the Secretary of Homeland Security to
other appropriations in the Department of Homeland Security only for
necessary expenses of Operation Allies Welcome and not for any other
purpose: Provided further, That amounts made available under this
heading in this Act shall be available in addition to any other
appropriations available for the same purpose, including appropriations
available pursuant to the authority of
[[Page 135 STAT. 1502]]
section 506(a)(2) of the Foreign Assistance Act of 1961: Provided
further, That, beginning <<NOTE: Reports.>> not later than January 31,
2022, the Office of the Secretary shall report monthly to the Committees
on Appropriations of the Senate and the House of Representatives on the
use of transfer authority provided under this heading in this Act.
TITLE III
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for ``CDC-Wide Activities and Program
Support'', $8,000,000, to remain available until September 30, 2022, for
support of Operation Allies Welcome for medical support, screening, and
other related public health activities related to Afghan arrivals and
refugees.
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$1,263,728,000, to remain available until September 30, 2023, for
support of Operation Allies Welcome for carrying out refugee and entrant
assistance activities in support of citizens or nationals of Afghanistan
paroled into the United States under section 212(d)(5) of the
Immigration and Nationality Act and citizens or nationals of Afghanistan
for whom such refugee and entrant assistance activities are authorized:
Provided, That amounts <<NOTE: Grants. Contracts.>> made available
under this heading in this Act may be used for grants or contracts with
qualified nonprofit organizations to provide culturally and
linguistically appropriate services, including wrap-around services
during temporary housing and after resettlement, housing assistance,
medical assistance, legal assistance, education services, and case
management assistance: Provided further, That <<NOTE: Allocation.>>
the Director of the Office of Refugee Resettlement, in carrying out
section 412(c)(1)(A) of the Immigration and Nationality Act with amounts
made available under this heading in this Act, may allocate such amounts
among the States in a manner that accounts for the most current data
available.
TITLE IV
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $44,300,000,
to remain available until expended, for support for Operation Allies
Welcome and related efforts by the Department of State, including
additional relocations of individuals at risk as a result of the
situation in Afghanistan and related expenses, and to reimburse the
account under this heading in prior Acts making
[[Page 135 STAT. 1503]]
appropriations for the Department of State, foreign operations, and
related programs for obligations previously incurred.
emergencies in the diplomatic and consular service
For an <<NOTE: Reimbursement.>> additional amount for ``Emergencies
in the Diplomatic and Consular Service'', $36,000,000, to remain
available until expended, for support for Operation Allies Welcome and
related efforts by the Department of State, including additional
relocations of individuals at risk as a result of the situation in
Afghanistan and related expenses, and to reimburse the account under
this heading in prior Acts making appropriations for the Department of
State, foreign operations, and related programs for obligations
previously incurred.
BILATERAL ECONOMIC ASSISTANCE
Department of State
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency Refugee and
Migration Assistance Fund'', $1,200,000,000, to remain available until
expended, notwithstanding section 2(c)(2) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)(2)), for support for Operation
Allies Welcome and related efforts by the Department of State, including
additional relocations of individuals at risk as a result of the
situation in Afghanistan and related expenses.
GENERAL PROVISION--THIS TITLE
Sec. 1401. The Secretary of State shall include in the reports
required by section 2402 of title IV of the Afghanistan Supplemental
Appropriations Act, 2022 (division C of Public Law 117-43) the proposed
uses of funds appropriated under this title.
TITLE V
GENERAL PROVISIONS--THIS ACT
Sec. 1501. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 1502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 1503. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2022.
Sec. 1504. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
[[Page 135 STAT. 1504]]
Sec. 1505. Not <<NOTE: Reports.>> later than January 15, 2022, the
Director of the Office of Management and Budget shall provide to the
Committees on Appropriations of the House of Representatives and the
Senate a written report on Operation Allies Welcome: Provided, That
such report <<NOTE: Strategy. Plans. Timeline. Cost estimate.>> shall
describe the strategy and transition plan leading to the conclusion of
Operation Allies Welcome; a plan, including timeline, for relocating all
Afghans currently residing at Department of Defense facilities to
longer-term housing; the activities and responsibilities assigned to
each Federal agency involved in such strategy and transition plan; and
an estimate of the costs from each such agency for carrying out such
strategy and transition plan.
This division may be cited as the ``Additional Afghanistan
Supplemental Appropriations Act, 2022''.
DIVISION C--EXTENSIONS
TITLE I--EXTENSIONS
SEC. 2101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR
NATIONAL DISASTER MEDICAL SYSTEM.
Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C.
300hh-11(c)(4)(B)) is amended by striking ``December 3, 2021'' and
inserting ``February 18, 2022''.
SEC. 2102. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT.
Section 3014(a) of title 18, United States Code, is amended by
striking ``December 31, 2021'' and inserting ``February 18, 2022''.
SEC. 2103. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED
SUBSTANCES.
Effective <<NOTE: Effective date.>> as if included in the enactment
of the Temporary Reauthorization and Study of the Emergency Scheduling
of Fentanyl Analogues Act (Public Law 116-114), section 2 of such Act
(as amended by Public Law 117-43) <<NOTE: Ante, p. 380.>> is amended by
striking ``January 28, 2022'' and inserting ``February 18, 2022''.
SEC. 2104. EXTENDING INCREASED FMAP FOR CERTAIN TERRITORIES.
(a) In General.--Section 1905(ff)(3) of the Social Security Act (42
U.S.C. 1396d(ff)(3)) is amended by striking ``December 3, 2021'' and
inserting ``February 18, 2022''.
(b) Reduction of Medicare Improvement Fund.--Section 1898(b)(1) of
the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking
``$69,000,000'' and inserting ``$56,000,000''.
TITLE II--BUDGETARY EFFECTS
SEC. 2201. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this division
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
[[Page 135 STAT. 1505]]
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division
shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
Approved December 3, 2021.
LEGISLATIVE HISTORY--H.R. 6119:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 167 (2021):
Dec. 2, considered and passed House and Senate.
<all>
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Further Extending Government Funding
|
Making further continuing appropriations for the fiscal year ending September 30, 2022, and for other purposes.
|
Further Extending Government Funding Act
Further Extending Government Funding Act
Additional Afghanistan Supplemental Appropriations Act, 2022
Further Continuing Appropriations Act, 2022
Additional Afghanistan Supplemental Appropriations Act, 2022
Further Continuing Appropriations Act, 2022
Further Extending Government Funding Act
Additional Afghanistan Supplemental Appropriations Act, 2022
Further Continuing Appropriations Act, 2022
|
Rep. DeLauro, Rosa L.
|
D
|
CT
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11,330
| 5,985
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H.R.3473
|
Transportation and Public Works
|
Build Local, Hire Local Act
This bill imposes various requirements on certain federally assisted infrastructure projects. The bill also creates infrastructure-related grant programs and establishes the Buy America Bureau.
Such federally assisted infrastructure projects must (1) employ a certain percentage of local workers to the maximum extent practicable; and (2) prioritize hiring certain individuals, such as veterans and those facing barriers to employment. A certain percentage of funds for these projects must be used for contracts with small businesses that have fewer than 10 employees.
When applying for a contract, grant, or loan related to a project, the applying entity must disclose whether there are any rulings, such as a civil judgment, finding that the entity has violated certain federal labor and occupational safety laws in the last three years.
In addition, the Department of Transportation must award grants to entities in disadvantaged and underserved communities for infrastructure projects that create connected, economically prosperous, and environmentally healthy communities. Further, the Department of Labor must provide grants to workforce development boards and industry partnerships for job training programs to train certain groups, such as individuals with barriers to employment, for jobs in targeted infrastructure industries.
The bill also establishes the Buy America Bureau within the Department of Commerce to oversee project compliance with existing laws that require the use of U.S.-made materials in certain federally funded projects.
|
To establish an expansive infrastructure program to create local jobs
and raise the quality of life in every community, to launch middle
class career pathways in infrastructure, and to invest in high-quality
American jobs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Build Local, Hire
Local Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--CREATING JOBS AND RAISING THE QUALITY OF LIFE IN EVERY
COMMUNITY
Subtitle A--Creating Local Jobs Across the Country
Sec. 111. Targeted hiring requirements for construction jobs created by
covered infrastructure programs.
Sec. 112. Compliance with court orders.
Subtitle B--Rebuilding Our Infrastructure With American Business
Sec. 121. Definitions.
Sec. 122. Increasing meaningful small business participation.
Sec. 123. Requiring meaningful participation from targeted businesses.
Sec. 124. Compliance with court orders.
Sec. 125. Expansion of Small Business Administration Surety Bond
Program.
Subtitle C--Encouraging the Use of U.S. Employment Plans and Best-Value
Contracting Analysis
Sec. 131. Creating a best-value analysis for Federal expenditures on
infrastructure, use of U.S. Employment
Plans, and preferences for registered
apprenticeship programs and neutrality in
union organizing.
Subtitle D--Improving Safety, Connectivity, and Access to Better
Opportunities
Sec. 141. Accessibility data program.
Sec. 142. Establishment of performance measures for transportation
accessibility.
Sec. 143. Technical assistance program.
Sec. 144. Connect Communities Program.
TITLE II--LAUNCHING MIDDLE CLASS CAREER PATHWAYS IN INFRASTRUCTURE
Sec. 201. Building American Infrastructure and Careers Program.
Sec. 202. Infrastructure workforce equity capacity building program.
Sec. 203. Authorization of appropriations.
TITLE III--INVESTING IN HIGH-QUALITY AMERICAN JOBS
Sec. 301. Wage rate.
Sec. 302. Raise labor standards, improve working conditions, and
strengthen workers' bargaining power.
Sec. 303. Buy America Bureau.
SEC. 2. FINDINGS.
Congress finds that--
(1) infrastructure plays a vital role in the lives of all
people in the United States;
(2) the aging infrastructure of the United States is in
need of a significant investment to repair, rebuild, and
modernize, and in the process, the Federal Government can take
necessary steps to address economic and racial injustices that
have limited opportunities for far too many people of the
United States;
(3) decades of disinvestment and exclusionary policies have
isolated many people of color, low-income people, and disabled
individuals in the United States from opportunity across the
urban centers, deindustrialized cities, rural regions, and
Tribal areas of the United States, including horribly
inadequate investment to ensure universal access to clean air
and water, safe and reliable transportation, affordable
housing, quality living wage jobs, high-speed internet,
modernized schools, and parks and community facilities;
(4) while the construction of the National Highway System
remains one of the most transformative achievements in the
history of the United States, it came at the expense of many
low-income communities as well as minority neighborhoods of all
income levels that were destroyed by the construction and
isolated from the broader community and from economic
opportunity;
(5) investing in repairing, rebuilding, and modernizing the
infrastructure of the United States presents an opportunity to
learn from the mistakes of the past and reimagine how
communities can design and build infrastructure to be more
equitable, helping to address structural inequities faced by
marginalized communities nationwide, including a lack of good
paying jobs, affordable, accessible, and inclusive housing,
decaying roads, bridges, and schools, inadequate access to
technology, and exposure to toxic emissions and poisoned water;
(6) accessibility to quality infrastructure, training, and
jobs is an issue across the United States, spanning from rural
and Tribal areas to urban and suburban areas;
(7) transportation infrastructure has a significant impact
on access to jobs, education, healthcare, healthy foods, and
other essential services;
(8) accessibility to essential services is defined not only
by speed, but also by ease of access, which includes the
ability to safely and conveniently access services by all modes
of travel;
(9) with a shortage of construction firms that are ready
and able to take on the large-scale infrastructure projects the
United States demands, the close to 478,000 specialty trade
contractors in smaller minority, women, and disadvantaged
businesses could be supported to meet this demand;
(10) small businesses and under-represented contractors,
including minority-, women-, veteran-owned businesses, and
businesses owned by disabled individuals should have the
opportunity to rebuild their communities and employ hardworking
people of the United States along the way;
(11) as of 2018, about \1/4\ of the infrastructure
workforce is projected to retire or permanently leave their
jobs over the next decade, compounding the infrastructure
crisis in the United States;
(12) as of 2019, the Board of Governors of the Federal
Reserve System finds that skilled trades and many occupations
that do not require a 4-year degree are not considered to be at
significant risk of automation;
(13) infrastructure jobs include a wide range of employment
opportunities in both the public and private sectors, including
design, manufacturing, construction, operation, governance, and
maintenance of infrastructure assets in the United States;
(14) more than 1 in 10 jobs in the United States is a
transportation- or infrastructure-related job;
(15) many infrastructure jobs provide competitive wages
with low barriers to entry, many of which require on-the-job
training in lieu of formal 4-year degree higher education
programs;
(16) in spite of rising income inequality, infrastructure
jobs paid approximately 30 percent more to low income
individuals than other occupations in 2018;
(17) women, people of color, and particularly women of
color are underrepresented in construction jobs;
(18) while women across all occupations currently make up
about 50 percent of the workforce, women in construction and
extraction occupations has hovered around 3 percent for the
last 3 decades;
(19) while Black Americans make up about 12 percent of the
overall workforce, Black Americans only represent 7 percent of
construction and extraction occupations;
(20) by focusing on improving workforce development systems
through targeted employment strategies, the Federal Government
can improve the quality of future projects and better ensure
that all communities benefit from investments that--
(A) protect workers;
(B) expand opportunities for advancement;
(C) establish strong labor standards; and
(D) redress discriminatory policies that have
unfairly burdened low-income communities and
communities of color with pollution and geographic
isolation; and
(21) the Federal Government should make concerted efforts
to close the workforce gap, through coordination with States
and units of local government, workforce development agencies,
national and regional nonprofit intermediaries, labor
organizations, and institutions of higher education and other
educational institutions, including historically Black colleges
and universities and Hispanic-serving institutions, to recruit,
train, and retain the next generation of infrastructure workers
in the United States, with a focus on--
(A) achieving gender, ethnic, racial, and ability
diversity; and
(B) recruiting and training individuals from
communities with high unemployment rates, including
African-American communities, Hispanic communities,
Indian Tribes, the disabled community, and the LGBTQ
community.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered infrastructure program.--The term ``covered
infrastructure program'' means any of the following:
(A) Direct and guaranteed loans and grants under
section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)).
(B) Distance learning and telemedicine grants under
section 2333 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 950aaa-2).
(C) Broadband loans and loan guarantees under title
IV of the Rural Electrification Act of 1936 (7 U.S.C.
950bb et seq.).
(D) The community connect grant program established
under title III of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations, 2004 (Public Law 108-199; 118 Stat.
29).
(E) Solid waste management grants under section
310B(b) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(b)).
(F) A program or project carried out under the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3121 et seq.).
(G) Financial assistance for development,
implementation, or modification of a State energy
conservation plan under section 363 of the Energy
Policy and Conservation Act (42 U.S.C. 6323).
(H) State water pollution control revolving funds
established under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.).
(I) State drinking water treatment revolving loan
funds established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12).
(J) Grants for construction of health centers
provided by the Secretary of Health and Human Services.
(K) Grants for construction, renovation, or repair
of non-Federal research facilities provided by the
Director of the National Institutes of Health.
(L) The public transportation security assistance
grant program under section 1406 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1135).
(M) Assistance provided under the Public Housing
Capital Fund established under section 9(d) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(d)).
(N) The community development block grant program
under title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.).
(O) The Indian housing block grant program under
section 101 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4111).
(P) The rural water supply program under section
103 of the Rural Water Supply Act of 2006 (43 U.S.C.
2402).
(Q) Financial assistance provided under the Water
Infrastructure Finance and Innovation Act (33 U.S.C.
3901 et seq.).
(R) Assistance provided under title 23, United
States Code.
(S) Assistance provided under chapter 53 of title
49, United States Code.
(T) Programs for civil works projects, including
water resources projects, under the jurisdiction of the
Corps of Engineers.
(U) Assistance provided for a freight or passenger
rail project under subtitle V of title 49, United
States Code.
(V) Assistance provided for an airport development
project under chapter 471 of title 49, United States
Code.
(W) Assistance for an environmental cleanup project
under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(X) Assistance provided under section 7007 and 7008
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7707, 7708).
(Y) Mutual and self-help housing assistance
provided under section 523 of the Housing Act of 1949
(42 U.S.C. 1490c).
(Z) Site development loans provided under section
524 of the Housing Act of 1949 (42 U.S.C. 1490d).
(AA) Loan guarantees for rural rental housing
provided under section 538 of the Housing Act of 1949
(42 U.S.C. 1490p-2).
(BB) Assistance provided by the Community
Development Financial Institutions Fund established
under section 104(a) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4703(a)).
(CC) Grants awarded from the Capital Magnet Fund
established under section 1339 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992
(12 U.S.C. 4569).
(DD) Assistance provided under the Connect America
Fund of the Federal Communications Commission under
subpart D of part 54 of title 47, Code of Federal
Regulations (or a successor regulation).
(EE) The Connect Communities Program under section
144.
(FF) Any similar program, as determined by the
Director of the Office of Management and Budget, in
consultation with the heads of the relevant Federal
agencies.
(2) Disabled individual.--The term ``disabled individual''
means an individual with a disability (as defined in section 3
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102)).
(3) Head of the relevant federal agency.--The term ``head
of the relevant Federal agency'' means the head of a Federal
department or agency that administers or has jurisdiction over
a covered infrastructure program.
(4) Local workforce development board.--The term ``local
workforce development board'' has the meaning given the term
``local board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(5) Registered apprenticeship program.--The term
``registered apprenticeship program'' has the meaning given the
term in section 3131(e)(3)(B) of the Internal Revenue Code of
1986.
(6) State workforce development board.--The term ``State
workforce development board'' has the meaning given the term
``State board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(7) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
TITLE I--CREATING JOBS AND RAISING THE QUALITY OF LIFE IN EVERY
COMMUNITY
Subtitle A--Creating Local Jobs Across the Country
SEC. 111. TARGETED HIRING REQUIREMENTS FOR CONSTRUCTION JOBS CREATED BY
COVERED INFRASTRUCTURE PROGRAMS.
(a) Definition of Local.--
(1) In general.--In this section, the term ``local'', with
respect to hiring for a project, means hiring within the
geographical boundaries of the area in which the project is
located, as determined by the recipient of assistance under a
covered infrastructure program, in coordination with the head
of the relevant Federal agency, subject to the requirement that
the geographical area shall--
(A) include high-poverty, high-unemployment zip
codes; and
(B) be the size of a county, multi-county,
statewide, or multi-State region.
(2) Savings provision.--Nothing in paragraph (1) prohibits
interstate hiring.
(b) Requirement.--
(1) In general.--Notwithstanding any other provision of law
and to the maximum extent practicable, except to the extent
that the head of the relevant Federal agency determines
otherwise, in the case of any construction project carried out
under a covered infrastructure program, the head of the
relevant Federal agency shall ensure that, of the workers hired
for the project (including workers hired for related
maintenance, service, or operations activities for the
project), the applicable percentage described in paragraph (2)
are hired through local hiring, in partnership with a
registered apprenticeship program, if applicable, or with a
State workforce development board or local workforce
development board, if applicable.
(2) Applicable percentage.--The applicable percentage
referred to in paragraph (1) is--
(A) for fiscal year 2022, 10 percent;
(B) for fiscal year 2023, 20 percent;
(C) for fiscal year 2024, 30 percent;
(D) for fiscal year 2025, 40 percent; and
(E) for fiscal year 2026 and each fiscal year
thereafter, 50 percent.
(c) Priority.--In carrying out subsection (b), the head of the
relevant Federal agency shall ensure that the entity carrying out the
project gives priority to--
(1) individuals with a barrier to employment (as defined in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102)), including ex-offenders and disabled individuals;
(2) veterans; and
(3) individuals that represent populations that are
traditionally underrepresented in the infrastructure workforce,
such as women and racial and ethnic minorities.
(d) Reports and Oversight.--
(1) In general.--Not less frequently than annually, the
Secretary of Labor, in consultation with the heads of the
relevant Federal agencies, shall--
(A) submit to Congress a report on the
implementation of this section; and
(B) make the report under subparagraph (A),
including any related data, publicly available on the
internet.
(2) GAO review.--Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) carry out a review of the implementation of
this section to determine compliance with this section;
and
(B) submit to Congress a report on the results of
the review under subparagraph (A), including any
suggestions or recommendations for legislative,
regulatory, or other changes to improve the
implementation of this section or compliance with this
section.
SEC. 112. COMPLIANCE WITH COURT ORDERS.
Nothing in this subtitle limits the eligibility of an individual or
entity to receive assistance made available under a covered
infrastructure program if the individual or entity is prevented, in
whole or in part, from complying with section 111(b) because a Federal
court issues a final order in which the court finds that a requirement
or the implementation of that section is unconstitutional.
Subtitle B--Rebuilding Our Infrastructure With American Business
SEC. 121. DEFINITIONS.
In this subtitle:
(1) Owned and controlled.--The term ``owned and
controlled'', with respect to a business, means--
(A) ownership of at least 51 percent of the
business, or in the case of any publicly owned
business, ownership of at least 51 percent of the
stock; and
(B) control of the management and daily business
operations of the business.
(2) Small business concern.--
(A) In general.--The term ``small business
concern'' means a small business concern (within the
meaning of section 3(a) of the Small Business Act (15
U.S.C. 632(a))).
(B) Exclusions.--The term ``small business
concern'' does not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or individuals
that have average annual gross receipts during the
preceding 3 fiscal years in excess of $23,980,000, as
adjusted annually by the head of the relevant Federal
agency for inflation.
(3) Socially or economically disadvantaged individual.--The
term ``socially or economically disadvantaged individual''
means any socially and economically disadvantaged individuals
within the meaning of section 8(d) of the Small Business Act
(15 U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act.
SEC. 122. INCREASING MEANINGFUL SMALL BUSINESS PARTICIPATION.
(a) In General.--Except to the extent that the head of the relevant
Federal agency determines otherwise--
(1) not less than the percentage described in subsection
(b) for the applicable fiscal year of the amounts made
available for each covered infrastructure program shall be
expended through small business concerns; and
(2) not less than the percentage described in subsection
(b) for the applicable fiscal year of the total number of
projects that receive assistance under each covered
infrastructure program shall be subcontracted through a small
business concern.
(b) Percentage Described.--The percentage referred to in each of
paragraphs (1) and (2) of subsection (a) is--
(1) for fiscal year 2022, 6 percent;
(2) for fiscal year 2023, 12 percent;
(3) for fiscal year 2024, 19 percent;
(4) for fiscal year 2025, 26 percent; and
(5) for fiscal year 2026 and each fiscal year thereafter,
33 percent.
(c) Report.--Not less frequently than once each fiscal year, the
Administrator of the Small Business Administration, in consultation
with the heads of the relevant Federal agencies, shall submit to
Congress a report on the implementation of subsection (a).
SEC. 123. REQUIRING MEANINGFUL PARTICIPATION FROM TARGETED BUSINESSES.
(a) Purpose.--The purpose of this section is to ensure that
businesses with fewer than 10 employees, which are Main Street
businesses that anchor neighborhoods and help families build wealth,
have opportunities to participate in projects carried out under covered
infrastructure programs.
(b) Requirement.--Except to the extent that the head of the
relevant Federal agency determines otherwise, not less than the
percentage described in subsection (c) for the applicable fiscal year
of the amounts made available for a covered infrastructure program
shall be expended through businesses with fewer than 10 employees.
(c) Percentage Described.--The percentage referred to in subsection
(b) is--
(1) for fiscal year 2022, 6 percent;
(2) for fiscal year 2023, 12 percent;
(3) for fiscal year 2024, 18 percent;
(4) for fiscal year 2025, 24 percent; and
(5) for fiscal year 2026 and each fiscal year thereafter,
30 percent.
(d) Report.--Not less frequently than once each fiscal year, the
Secretary of Commerce, in consultation with the Administrator of the
Small Business Administration and the heads of the relevant Federal
agencies, shall submit to Congress a report on the implementation of
subsection (b).
SEC. 124. COMPLIANCE WITH COURT ORDERS.
Nothing in this subtitle limits the eligibility of an individual or
entity to receive assistance made available under a covered
infrastructure program if the individual or entity is prevented, in
whole or in part, from complying with section 122(a) or 123(b), as
applicable, because a Federal court issues a final order in which the
court finds that a requirement or the implementation of section 122(a)
or 123(b), as applicable, is unconstitutional.
SEC. 125. EXPANSION OF SMALL BUSINESS ADMINISTRATION SURETY BOND
PROGRAM.
Section 411(a)(1)(A) of the Small Business Investment Act of 1958
(15 U.S.C. 694b(a)(1)(A)) is amended by striking ``$6,500,000'' and
inserting ``$10,000,000''.
Subtitle C--Encouraging the Use of U.S. Employment Plans and Best-Value
Contracting Analysis
SEC. 131. CREATING A BEST-VALUE ANALYSIS FOR FEDERAL EXPENDITURES ON
INFRASTRUCTURE, USE OF U.S. EMPLOYMENT PLANS, AND
PREFERENCES FOR REGISTERED APPRENTICESHIP PROGRAMS AND
NEUTRALITY IN UNION ORGANIZING.
(a) Definitions.--In this section:
(1) Commitment to high-quality career and business
opportunities.--The term ``commitment to high-quality career
and business opportunities'' means participation in a
registered apprenticeship program.
(2) U.S. employment plan.--The term ``U.S. Employment
Plan'' means a plan under which an entity receiving Federal
assistance for a project under a covered infrastructure program
shall--
(A) include in a request for proposal an
encouragement for bidders to include, with respect to
the project--
(i) high-quality wage, benefit, and
training commitments by the bidder and the
supply chain of the bidder for the project; and
(ii) a commitment to recruit and hire
individuals described in section 111(c) if the
project results in the hiring of employees not
currently or previously employed by the bidder
and the supply chain of the bidder for the
project;
(B) give preference for the award of the contract
to a bidder that includes the commitments described in
clauses (i) and (ii) of subparagraph (A); and
(C) ensure that each bidder that includes the
commitments described in clauses (i) and (ii) of
subparagraph (A) that is awarded a contract complies
with those commitments.
(b) Best-Value Framework.--To the maximum extent practicable, a
recipient of assistance under a covered infrastructure program is
encouraged--
(1) to ensure that each dollar invested in infrastructure
uses a best-value contracting framework to maximize the local
value of federally funded contracts by evaluating bids on price
and other criteria prioritized in the bid, such as--
(A) equity;
(B) environmental and climate justice;
(C) impact on greenhouse gas emissions;
(D) resilience;
(E) the results of a 40-year life-cycle analysis;
(F) safety;
(G) commitment to creating or sustaining high-
quality job opportunities affiliated with registered
apprenticeship programs for disadvantaged or
underrepresented individuals in infrastructure
industries in the United States; and
(H) access to jobs and essential services by all
modes of travel for all users, including disabled
individuals;
(2) in evaluating bids, to give at least equal weight to
the criteria described in paragraph (1) as to past performance;
and
(3) to ensure community engagement, transparency, and
accountability in carrying out each stage of the project.
(c) Preference for Registered Apprenticeship Programs.--To the
maximum extent practicable, a recipient of assistance under a covered
infrastructure program, with respect to the project for which the
assistance is received, shall give preference to a bidder that
demonstrates a commitment to high-quality job opportunities affiliated
with registered apprenticeship programs.
(d) Preference for Neutrality in Union Organizing.--Notwithstanding
any other provision of law, the head of each relevant Federal agency,
in consultation with the Secretary of Labor, shall give preference in
providing assistance under a covered infrastructure program to an
entity that commits to giving preference in awarding contracts and
subcontracts for projects carried out with that assistance to bidders
that have an explicit neutrality policy on any issue involving the
organization of employees for purposes of collective bargaining.
(e) Use of U.S. Employment Plan.--Notwithstanding any other
provision of law, in carrying out a project under a covered
infrastructure program, each entity that receives Federal assistance
shall use a U.S. Employment Plan for each contract of $5,000,000 or
more for the purchase of manufactured goods or of services, based on an
independent cost estimate.
(f) Report.--Not less frequently than once each fiscal year, the
heads of the relevant Federal agencies shall jointly submit to Congress
a report describing the implementation of this section.
(g) Intent of Congress.--
(1) In general.--It is the intent of Congress--
(A) to encourage recipients of Federal assistance
under covered infrastructure programs to use a best-
value contracting framework described in subsection
(b)(1) for the purchase of goods and services;
(B) to encourage recipients of Federal assistance
under covered infrastructure programs to use
preferences for registered apprenticeship programs and
neutrality in union organizing as described in
subsections (c) and (d) when evaluating bids for
projects using that assistance;
(C) to require that recipients of Federal
assistance under covered infrastructure programs use
the U.S. Employment Plan in carrying out the project
for which the assistance was provided; and
(D) that full and open competition under covered
infrastructure programs means a procedural competition
that prevents corruption, favoritism, and unfair
treatment by recipient agencies.
(2) Inclusion.--A best-value contracting framework
described in subsection (b)(1) is a framework that authorizes a
recipient of Federal assistance under a covered infrastructure
program, in awarding contracts, to evaluate a range of factors,
including price, the quality of products, the quality of
services, and commitments to the creation of good jobs for all
people in the United States.
Subtitle D--Improving Safety, Connectivity, and Access to Better
Opportunities
SEC. 141. ACCESSIBILITY DATA PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation (referred to in this
section as the ``Secretary'') shall carry out an accessibility data
program (referred to in this section as the ``program'').
(b) Purpose.--The purpose of the program is to develop or procure
an accessibility data set and make that data set available to each
eligible entity selected to participate in the program to improve the
transportation planning of those eligible entities by--
(1) measuring the level of access by multiple
transportation modes to important destinations, which may
include--
(A) jobs, including areas with a concentration of
available jobs;
(B) health care facilities;
(C) child care services;
(D) educational and workforce training facilities;
(E) affordable and accessible housing;
(F) food sources; and
(G) connections between modes, including
connections to--
(i) high-quality transit or rail service;
(ii) safe bicycling corridors; and
(iii) safe sidewalks that achieve
compliance with applicable requirements of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(2) disaggregating the level of access by multiple
transportation modes by a variety of population categories,
which may include--
(A) low-income populations;
(B) minority populations;
(C) age;
(D) disability; and
(E) geographical location; and
(3) assessing the change in accessibility that would result
from new transportation investments.
(c) Eligible Entities.--An entity eligible to participate in the
program is--
(1) a State (as defined in section 101(a) of title 23,
United States Code);
(2) a metropolitan planning organization; or
(3) a rural planning organization.
(d) Application.--To be eligible to participate in the program, an
eligible entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require, including information relating to--
(1) previous experience of the eligible entity measuring
transportation access or other performance management
experience;
(2) the types of important destinations to which the
eligible entity intends to measure access;
(3) the types of data disaggregation the eligible entity
intends to pursue; and
(4) a general description of the methodology the eligible
entity intends to apply.
(e) Selection.--The Secretary shall seek to achieve diversity of
participants in the program, including--
(1) by selecting a range of eligible entities that shall
include not less than--
(A) 5 States;
(B) 10 metropolitan planning organizations, of
which--
(i) 5 shall each serve an area with a
population of not more than 200,000 people; and
(ii) 5 shall each serve an area with a
population of 200,000 or more people; and
(C) 5 rural planning organizations; and
(2) among the eligible entities selected under paragraph
(1)--
(A) a range of capacity and previous experience
with measuring transportation access; and
(B) a variety of proposed methodologies and focus
areas for measuring level access.
(f) Duties.--For each eligible entity participating in the program,
the Secretary shall--
(1) develop or acquire an accessibility data set described
in subsection (b); and
(2) submit the data set to the eligible entity.
(g) Methodology.--In calculating the measures for the data set
under the program, the Secretary shall ensure that methodology is open
source.
(h) Availability.--The Secretary shall make an accessibility data
set under the program available to--
(1) units of local government within the jurisdiction of
the eligible entity participating in the program; and
(2) researchers.
(i) Report.--Not later than 120 days after the last date on which
the Secretary submits data sets to the eligible entity under subsection
(f), the Secretary shall submit to Congress a report on the results of
the program, including the feasibility of developing and providing
periodic accessibility data sets for all States, regions, and
localities.
(j) Public Availability of Data.--The Secretary may make publicly
available on the internet the data sets and the report under subsection
(i).
(k) Funding.--The Secretary shall carry out the program using
amounts made available to the Secretary for administrative expenses to
carry out programs under the authority of the Secretary.
SEC. 142. ESTABLISHMENT OF PERFORMANCE MEASURES FOR TRANSPORTATION
ACCESSIBILITY.
(a) Connectivity and Accessibility Performance Measures.--Section
150 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``and in the
case of paragraph (7), not later than 3 years after the
date of enactment of the Build Local, Hire Local Act,''
after ``MAP-21,''; and
(B) by adding at the end the following:
``(7) Multimodal transportation connectivity and
accessibility.--
``(A) Definition of disadvantaged population.--In
this paragraph, the term `disadvantaged population'
means a low-income population, a minority population,
or people with disabilities, as determined by the
Secretary.
``(B) Regulations.--The Secretary shall issue such
regulations as are necessary to establish performance
measures relating to transportation connectivity and
accessibility for States, metropolitan planning
organizations, and units of local government to improve
the connectivity and accessibility of roadways, public
transportation infrastructure, pedestrian and bikeway
infrastructure, and other transportation
infrastructure.
``(C) Inclusions.--The performance measures
established pursuant to subparagraph (B) shall include
measures to assess--
``(i) with respect to the general
population serviced by a transportation
system--
``(I) the change in cumulative
access to employment opportunities and
other essential services, including
educational and workforce training
locations, health care facilities,
recreational assets, and supermarkets
and grocers;
``(II) multimodal choice and
enhanced interconnections among modes--
``(aa) to offer variety of
choice between and among modes;
``(bb) to provide
accessible and reliable
transportation for all users;
and
``(cc) to encourage travel
demand management among local
and statewide employers; and
``(III) any other issues the
Secretary determines to be appropriate;
and
``(ii) with respect to disadvantaged
populations serviced by a transportation
system--
``(I) transportation accessibility
for disadvantaged populations;
``(II) change in cumulative
accessibility for disadvantaged
populations to employment opportunities
and other essential services, including
educational and workforce training
locations, health care facilities,
recreational assets, and supermarkets
and grocers; and
``(III) any other issues the
Secretary determines to be
appropriate.'';
(2) in subsection (d)(1), by striking ``and (6)'' and
inserting ``(6), and (7)''; and
(3) by adding at the end the following:
``(f) Report on Multimodal Transportation Connectivity and
Accessibility.--Not less frequently than annually--
``(1) each State, metropolitan planning organization, and
unit of local government shall submit to the Secretary the
progress of that entity toward achieving the performance
measures under subsection (c)(7); and
``(2) the Secretary shall--
``(A) submit to Congress a report that includes the
results of the reporting under paragraph (1); and
``(B) make publicly available on the internet the
report under subparagraph (A) and any accompanying
data.''.
(b) Highway Metropolitan Planning Coordination.--Section
134(h)(2)(B) of title 23, United States Code, is amended by adding at
the end the following:
``(iii) Multimodal transportation
accessibility performance targets.--Selection
of performance targets by a metropolitan
planning organization shall be coordinated, to
the maximum extent practicable, with the
relevant State, local transportation planning
agencies, and providers of public
transportation to ensure consistency with
section 150(c)(7).''.
(c) Public Transportation Metropolitan Planning Coordination.--
Section 5303(h)(2)(B) of title 49, United States Code, is amended by
adding at the end the following:
``(iii) Multimodal transportation
accessibility performance targets.--Selection
of performance targets by a metropolitan
planning organization shall be coordinated, to
the maximum extent practicable, with the
relevant State, local transportation planning
agencies, and providers of public
transportation to ensure consistency with
section 150(c)(7) of title 23.''.
SEC. 143. TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Transportation (referred to in
this section as the ``Secretary''), in coordination with the
Administrator of the Federal Highway Administration, the Administrator
of the Federal Transit Administration, the Secretary of Housing and
Urban Development, and the Secretary of Agriculture shall establish a
program (referred to in this section as the ``program'') to provide
technical assistance to local communities adjacent to planned or
existing transportation infrastructure projects to explore design and
policy approaches to create connected, economically prosperous, and
environmentally and physically healthy communities that--
(1) avoid displacement of the current population; and
(2) maximize high-quality jobs in the United States that
pay family-sustaining wages.
(b) Purposes.--The purposes of the program are--
(1) to identify innovative solutions to infrastructure
challenges, including reconnecting communities that--
(A) are bifurcated by infrastructure such as
highways or viaducts;
(B) lack safe, reliable, and affordable
transportation choices; or
(C) have been disconnected due to natural
disasters, in particular, communities in areas that are
being harmed the most by climate change; and
(2) to inform the transportation planning and project life
cycle by actively encouraging community input and feedback.
(c) Application.--To be eligible to receive technical assistance
under the program, a local community described in subsection (a) shall
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including--
(1) a description of the ``community team'' that will
participate in the program, which shall consist of--
(A) elected officials;
(B) senior transportation professionals;
(C) State workforce development boards or local
workforce development boards; and
(D) a cross-section of residents of the local
community;
(2) a description of a neighborhood infrastructure
challenge, including all modes and users of transportation, in
the local community that limits access to social or economic
centers or other essential services;
(3) an explanation of the goals the local community aims to
achieve with assistance under the program; and
(4) letters of support from the applicable State department
of transportation and other entities, such as community groups,
transit agencies, port authorities, metropolitan planning
organizations, and political subdivisions of State and local
governments.
(d) Priority.--In selecting local communities to participate in the
program, the Secretary shall give priority to a local community that is
economically disadvantaged.
(e) Technical Assistance.--The Secretary shall provide to a local
community that is selected to participate in the program--
(1) technical assistance to inform, prepare, and enable the
local community to better engage in--
(A) Federal transportation planning;
(B) programming and planning to improve resiliency
and environmental sustainability and reduce greenhouse
gas emissions;
(C) the environmental review process under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(D) life-cycle analysis of a prospective project;
(E) Federal assistance programs; and
(F) policies that maximize the creation of high-
quality jobs in the United States; and
(2) technical expertise through representatives from
regional and national design, architecture, engineering, and
planning firms and public, private, and nonprofit land use
professionals.
(f) Funding.--The Secretary shall use not less than 10 percent of
the amounts made available to carry out section 144 for each fiscal
year to carry out the program.
SEC. 144. CONNECT COMMUNITIES PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary of Transportation (referred
to in this section as the ``Secretary''), in coordination with
the Administrator of the Federal Highway Administration, the
Administrator of the Federal Transit Administration, the
Secretary of Housing and Urban Development, the Secretary of
Labor, the Administrator of the Environmental Protection
Agency, and the Secretary of Agriculture shall carry out a
competitive grant program to be known as the ``Connect
Communities Program'' (referred to in this section as the
``program'') to provide grants for projects to create
connected, economically prosperous, and environmentally and
physically healthy communities in--
(A) areas that are economically disadvantaged,
including areas that have experienced levels of poverty
of 20 percent or more, high levels of outmigration, and
high levels of deindustrialization;
(B) areas that currently lack accessible and
affordable transportation options in terms of--
(i) lack of access to jobs and services;
and
(ii) lack of physical accessibility;
(C) neighborhoods bifurcated by large-scale
infrastructure projects; or
(D) areas that have been negatively impacted by
climate change.
(2) Goals.--The goals of the program are--
(A) to reduce the cost of construction, operations,
and maintenance of arterial highways;
(B) to demonstrate the social, economic, and
environmental benefits that result from replacing a
grade-separated facility with an at-grade boulevard;
(C) to improve neighborhood connectivity, including
the re-establishment of through streets eliminated as a
result of the construction of the grade-separated
facility;
(D) to increase the total acreage of land within
the project corridor returned to productive use,
including commercial, residential, recreational, and
habitat restoration uses;
(E) to improve the resiliency and reduce the
environmental impact of existing infrastructure assets;
and
(F) to increase the connectivity of disadvantaged
communities to economic opportunity.
(b) Eligibility.--
(1) Eligible entities.--An entity eligible to receive a
grant under the program is--
(A) a State (as defined in section 101(a) of title
23, United States Code) or any other territory or
possession of the United States;
(B) an Indian Tribe;
(C) a unit of local government;
(D) a political subdivision of a State or local
government;
(E) a transit agency;
(F) a metropolitan planning organization;
(G) a nonprofit organization, including a community
mission-based organization;
(H) a community development financial institution
(as defined in section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4702));
(I) a special purpose district or public authority
with a transportation function, including a port
authority;
(J) a Federal land management agency that applies
jointly with a State or group of States; or
(K) a multistate or multijurisdictional group of
entities described in subparagraphs (A) through (J).
(2) Eligible projects.--A project eligible to be carried
out with funds from a grant provided under the program is--
(A) a project for community-based redevelopment,
rehabilitation, or replacement of infrastructure,
including--
(i) the removal of a limited access
highway, a viaduct or overpass, an Interstate
route, an interchange, a bridge, or any other
principal arterial facility that has--
(I) historically had detrimental
effects on minority and low-income
communities; or
(II) created barriers to community
connectivity due to high speeds, grade
separations or other design factors;
and
(ii) if necessary to achieve the purposes
of the program, road realignment or new
construction;
(B) a project to prevent the displacement of
minority or low-income individuals or businesses during
and after redevelopment, rehabilitation, or replacement
of infrastructure;
(C) a project for transit-oriented development in a
low-income area or that benefits low-income individuals
that includes 1 or more of--
(i) transit-supportive, accessible, mixed-
use development (including commercial
development, affordable and accessible housing,
and market-rate housing) that is within 2 miles
of and accessible to 1 or more public
transportation facilities that--
(I) achieve compliance with--
(aa) applicable
requirements of the Americans
with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.); and
(bb) the most recent public
rights-of-way accessibility
guidelines developed by the
Architectural and
Transportation Barriers
Compliance Board established by
section 502(a)(1) of the
Rehabilitation Act of 1973 (29
U.S.C. 792(a)(1)); and
(II) are connected with high
frequency to job centers;
(ii) the facilitation of multimodal
connectivity and accessibility to employment
opportunities and other essential services,
including educational and workforce training
locations, health care facilities, recreational
assets, and supermarkets and grocers; and
(iii) an increase in access to transit hubs
for pedestrian and bicycle traffic;
(D) a public transportation project eligible for
assistance under chapter 53 of title 49, United States
Code, that will achieve the purposes of the program,
including--
(i) an investment in intermodal projects;
and
(ii) a new fixed guideway capital project
or a small start project (as those terms are
defined in section 5309(a) of title 49, United
States Code), if a grant under the program will
expedite the completion of the project and the
entry into revenue service of the project;
(E) a passenger rail transportation project that
achieves the purpose of the program;
(F) a project to improve the resiliency of
infrastructure against natural disasters;
(G) a project to reduce the environmental impact of
existing infrastructure assets;
(H) a project to bring a community into compliance
with the performance measures established under section
150(c)(7) of title 23, United States Code; and
(I) any other project that the Secretary determines
would achieve the purpose of the program.
(3) Eligible areas.--An eligible project under paragraph
(2) shall be carried out in an area or neighborhood described
in subparagraphs (A) through (D) of subsection (a)(1).
(c) Applications.--
(1) In general.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require, including--
(A) a project plan developed with assistance under
section 143 or independently, as applicable;
(B) a description of how the project meets the
criteria described in subsection (d);
(C) a certification that the eligible entity has
solicited public comments on the project plan that
includes--
(i) a certification that the eligible
entity has held 2 or more public hearings, at
least 1 of which was held outside of standard
business hours in a location that was open and
accessible to the community in which the
proposed project is located;
(ii) a description of the process for
receiving public comments, including
involvement of residents and stakeholders in
the community in which the project will occur;
(iii) a summary of the comments received;
and
(iv) such other information as the
Secretary may require;
(D) a description of how the grant would be used
and the current status of project planning;
(E) a description of how the project will address
the purposes of the program, including plans to avoid
displacement of current residents in the project area;
(F) a description of how the eligible entity will
prioritize the well-being and advancement of
disadvantaged populations through the project and as an
outcome of the project;
(G) an assessment of--
(i) the accessibility of employment
opportunities and other essential services,
including educational and workforce training
locations, health care facilities, recreational
assets, and supermarkets and grocers, within
the area to public transportation facilities
and nearby affordable housing; and
(ii) how the proposed project will relate
to identified needs in those areas;
(H) an assessment of transportation options in the
area, including--
(i) public transportation options;
(ii) options for people with low incomes,
people living in high-poverty areas, elderly
people, and people with disabilities; and
(iii) any obstacles to providing access to
locations that offer employment opportunities
and other essential services, including
educational and workforce training locations,
health care facilities, recreational assets,
and supermarkets and grocers;
(I) an assessment of methods for lowering the
combined cost of housing and transportation for
families in the region, particularly for families that
utilize workforce housing and for low-, very low-, and
extremely low-income families;
(J) an assessment of how the project will
revitalize existing communities, including--
(i) the approximate number of jobs the
project will create;
(ii) the services the project will deliver
to workers and the community; and
(iii) any antidisplacement efforts that
will be included in the project;
(K) a plan for evaluating progress in increasing
opportunities for and improvements to the quality of
life for disadvantaged populations and the broader
community in which the project is completed; and
(L) information about the status of applicable
Federal environmental reviews and approvals for the
project, including reviews and approvals under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(2) Multiple projects.--An eligible entity may submit an
application for multiple projects in 1 application.
(3) Definition of workforce housing.--For the purpose of
paragraph (1)(I), the term ``workforce housing'' means housing,
the cost of which does not exceed 30 percent of--
(A) the amount equal to 120 percent of the median
income in the area, as determined by the Secretary,
with appropriate adjustments for the size of the
family; or
(B) if the Secretary determines that there are
unusually high or low incomes in the area, another
amount, as determined by the Secretary.
(d) Selection.--
(1) In general.--The Secretary shall select projects to
receive grants under the program based on--
(A) how the project will contribute to a state of
good repair for infrastructure assets;
(B) how the project would increase economic
competitiveness, including the effects of revitalizing
communities, neighborhoods, and commercial centers
supported by existing infrastructure;
(C) how the project will support environmental
protection, including resiliency, by increasing demand
for nonmotorized transportation and public
transportation;
(D) how or whether the project will prevent
residents in the area from being forcibly or
unwillingly displaced;
(E) the anticipated effects on quality of life for
all residents in the project area;
(F) whether the project uses innovative strategies,
including innovative technologies, innovative project
delivery, or innovative financing;
(G) the extent to which the project--
(i) is supported by a broad range of
stakeholders;
(ii) demonstrates collaboration among
neighboring and regional jurisdictions; and
(iii) is coordinated with projects with
similar objectives, such as projects for
economic development, housing, water and waste
infrastructure, power and electric
infrastructure, broadband, and land use plans
and policies;
(H) how the project will increase non-Federal
revenue for transportation infrastructure investment;
(I) demonstrated project readiness, including use
of technical assistance under section 143; and
(J) the costs and benefits of the project.
(2) Priority.--The Secretary shall give priority to
projects that have been developed under the technical
assistance program under section 143.
(e) Distribution of Grants.--
(1) In general.--In providing grants under the program, the
Secretary shall ensure--
(A) an equitable geographic distribution of funds;
and
(B) an appropriate balance in addressing the needs
of urban, suburban, rural, and Tribal communities.
(2) Limitation.--For each fiscal year, the Secretary shall
ensure that the total amount of funds provided through grants
under the program for each State is not more than $150,000,000.
(f) Amount of Grant.--
(1) In general.--Except as provided in paragraph (2) and
subject to subsection (e)(2), a grant provided under the
program shall be in an amount that is not less than $5,000,000.
(2) Rural and tribal areas.--In the case of a project in a
rural area (as defined in section 101(a) of title 23, United
States Code), or in a Tribal area, a grant provided under the
program shall be in an amount that is not less than $1,000,000.
(g) Use of Funds.--
(1) In general.--Subject to paragraph (2), an eligible
entity that receives a grant under the program may use the
grant funds for--
(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, permitting, preliminary
engineering and design work, and other preconstruction
activities; and
(B) construction, reconstruction, rehabilitation,
replacement, acquisition of real property (including
land relating to the project and improvements to land),
environmental mitigation, construction contingencies,
and acquisition of equipment.
(2) Limitation.--Not more than 20 percent of the amount of
the grant may be used for the activities described in paragraph
(1)(A).
(h) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project carried out with a grant
under the program shall not exceed 80 percent.
(2) Hardship areas.--The Federal share of the cost of a
project carried out with a grant under the program may be up to
100 percent if the Secretary identifies the area in which the
project will be carried out as a hardship area, as determined
by the Secretary.
(i) TIFIA Program.--On the request of an eligible entity, the
Secretary may use 5 percent of the grant for the purpose of paying the
subsidy and administrative costs necessary to provide Federal credit
assistance under chapter 6 of title 23, United States Code, for the
project.
(j) Standards.--Notwithstanding any other provision of law, a
project carried out with a grant under the program shall not be subject
to the traffic volume requirements under section 109(b) of title 23,
United States Code.
(k) Performance Measures.--
(1) In general.--For each year until the project is
completed, each eligible entity that receives a grant under the
program shall agree to establish, in coordination with the
Secretary, performance measures and reporting requirements in
addition to measures and requirements under this section that
shall be met at the end of each year in which the eligible
entity receives funds under the grant program.
(2) Violation of grant agreement.--If the Secretary
determines that an eligible entity has not met the performance
measures established under paragraph (1), is not making
reasonable progress toward meeting those measures, or is
otherwise in violation of the grant agreement, the Secretary
may--
(A) withhold additional financial assistance until
the performance measures are met; or
(B) terminate the grant agreement.
(l) Community Advisory Board.--
(1) In general.--For each project carried out with a grant
under the program, the eligible entity shall form a community
advisory board.
(2) Composition.--A community advisory board shall be
composed of representatives of--
(A) the relevant State and units of local
government;
(B) the relevant State workforce development board
or local workforce development board;
(C) relevant metropolitan planning organizations;
(D) labor organizations;
(E) residents or organizational representation of
the area in which the project is occurring; and
(F) any other relevant representatives important to
the implementation of the project, such as a county
board of developmental disabilities, as determined by
the eligible entity, in coordination with the
Secretary.
(3) Duties.--A community advisory board shall, with respect
to the applicable project--
(A) ensure community engagement, transparency, and
accountability in carrying out each stage of the
project; and
(B) track, evaluate, and report progress on clear
and meaningful indicators related to--
(i) targeted hiring commitments;
(ii) quality wage, benefits, and training
commitments;
(iii) goals for participation by small
businesses and businesses in accordance with
section 123(b) in the project;
(iv) progress made on the objectives of the
program as described in subsection (a); and
(v) any other relevant areas, as determined
by the eligible entity, in coordination with
the Secretary.
(4) Stipend.--The eligible entity may provide a stipend to
representatives on the community advisory board based on the
expressed need of representatives, on approval by the
Secretary.
(m) Reports.--
(1) In general.--Not less frequently than once each year,
each eligible entity that receives a grant under the program,
in coordination with the applicable community advisory board
under subsection (l), shall submit to the Secretary periodic
reports on the use of the grant funds.
(2) Contents.--A periodic report under paragraph (1) shall
include--
(A) the amount of Federal funds received,
obligated, and expended by the eligible entity under
the program;
(B) the number of projects that have been put out
to bid using the grant funds and the amount of Federal
funds associated with each project;
(C) the number of projects for which contracts have
been awarded for the project carried out under the
program and the amount of Federal funds associated with
the contracts;
(D) the number of projects for which work has begun
under the contracts referred to in subparagraph (C) and
the amount of Federal funds associated with the
contracts;
(E) the number of projects for which work has been
completed under the contracts referred to in
subparagraph (C) and the amount of Federal funds
associated with the contracts;
(F) the number of direct, on-project jobs created
or sustained by the Federal funds provided for projects
under the program and, to the extent possible, the
estimated indirect jobs created or sustained in the
associated supplying industries, including--
(i) the number of job-years created and the
total increase in employment in the project
area since the date of enactment of this Act;
and
(ii) information on local hiring, hiring of
economically disadvantaged individuals, and
hiring of individuals with a barrier to
employment (including ex-offenders) and
disabled individuals, with respect to the
project;
(G) an analysis of the contracts awarded that
indicates participation levels of small businesses and
disadvantaged businesses;
(H) suggestions for improvements in transportation
accessibility for disadvantaged populations, based on
criteria developed by the Secretary; and
(I) any other criteria the Secretary determines to
be appropriate.
(3) Report to congress.--Each fiscal year, the Secretary
shall transmit to Congress the reports received by the
Secretary under paragraph (1).
(4) GAO report on infrastructure removals.--Not later than
2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to
Congress a report on infrastructure removal, including--
(A) an identification of examples of projects to
remove infrastructure using assistance from a covered
infrastructure program;
(B) an evaluation of the effect of infrastructure
removal projects on the surrounding area, including
impacts to the local economy, congestion effects,
safety outcomes, and impacts on the movement of freight
and people;
(C) an analysis of the costs and benefits of
removing underutilized infrastructure assets that are
nearing the end of the useful life of the assets
compared to replacing or reconstructing the assets; and
(D) recommendations for integrating the findings
and results under subparagraphs (A) through (C) into
infrastructure planning and decisionmaking processes.
(n) Funding.--There is authorized to be appropriated to carry out
the program $5,000,000,000 for each of fiscal years 2022 through 2026.
TITLE II--LAUNCHING MIDDLE CLASS CAREER PATHWAYS IN INFRASTRUCTURE
SEC. 201. BUILDING AMERICAN INFRASTRUCTURE AND CAREERS PROGRAM.
(a) Definitions.--
(1) WIOA definitions.--In this section--
(A) the terms ``career pathway'', ``community-based
organization'', ``individual with a barrier to
employment'', ``industry or sector partnership'',
``integrated education and training'', ``recognized
postsecondary credential'', and ``workforce development
system'' have the meanings given those terms in section
3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102); and
(B) the term ``postsecondary educational
institution'' has the meaning given the term in section
203 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3272).
(2) Other definitions.--In this section:
(A) Career and technical education.--The term
``career and technical education'' has the meaning
given the term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(B) Eligible entity.--The term ``eligible entity''
means--
(i) a local workforce development board;
(ii) a State workforce development board;
(iii) an industry or sector partnership,
which may be led by any member of such
partnership, including--
(I) a community-based organization;
(II) a recognized State labor
organization, central labor council, or
another labor representative, as
appropriate; or
(III) an education or training
provider; or
(iv) any combination of entities described
in any of clauses (i) through (iii).
(C) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(D) Supportive services.--The term ``supportive
services'' means services such as transportation, child
care, dependent care, housing, and needs-related
payments, that are necessary to enable an individual to
participate in activities authorized under this Act or
under the Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.).
(E) Targeted infrastructure industry.--The term
``targeted infrastructure industry'' means an
infrastructure industry, including transportation
(including surface, transit, aviation, or railway
transportation), construction, energy, water,
information technology, or utilities industries, that
the eligible entity identifies in accordance with
subsection (c)(2)(A).
(F) Work-based learning program.--The term ``work-
based learning program'' means a program that provides
workers with paid work experience and corresponding
classroom instruction, delivered in an employment
relationship that both the business and worker intend
to be permanent.
(b) Establishment of Building American Infrastructure and Careers
Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Transportation, the Secretary of Energy, the
Secretary of Commerce, the Secretary of Education, the
Administrator of the Environmental Protection Agency, and the
Chief of Engineers of the Army Corps of Engineers, shall
establish a program, to be known as the ``Building American
Infrastructure and Careers Program'', to provide grants under
paragraph (2) to eligible entities for the purposes of--
(A) promoting careers and quality employment
practices in targeted infrastructure industries among
individuals with a barrier to employment (including ex-
offenders), veterans, or individuals who are
traditionally underrepresented in the targeted
infrastructure industries;
(B) leveraging the existing capacity of workforce
development systems through demonstrated partnerships
to strategically facilitate and align quality training,
including industry or sector partnerships, registered
apprenticeship programs, and pre-apprenticeship
programs affiliated with registered apprenticeship
programs, and hiring that create a pipeline of
qualified workers; and
(C) advancing efficiency and performance on
projects in targeted infrastructure industries.
(2) Grants.--
(A) In general.--The Secretary, in consultation
with the Secretary of Transportation, the Secretary of
Energy, the Secretary of Commerce, the Secretary of
Education, the Administrator of the Environmental
Protection Agency, and the Chief of Engineers of the
Army Corps of Engineers, shall award grants on a
competitive basis to eligible entities that submit an
application meeting the requirements under subsection
(c) for such eligible entities to, subject to
subparagraph (E), carry out a job training program
including the activities described in subsection (d)
for assisting individuals with a barrier to employment
(including ex-offenders), veterans, or individuals who
are traditionally underrepresented in the targeted
infrastructure industry, in obtaining and maintaining
employment in a targeted infrastructure industry.
(B) Types of grants.--A grant awarded under this
section may be in the form of--
(i) an implementation grant, for entities
seeking an initial grant under this section, in
order for such entity to establish and carry
out a job training program described in
subparagraph (A); or
(ii) a renewal grant for entities that have
already received an implementation grant under
this section for such a job training program,
in order for such entity to continue carrying
out such job training program.
(C) Duration.--Each grant awarded under this
section shall be for a period not to exceed 3 years.
(D) Amount.--The amount of a grant awarded under
this section may not exceed--
(i) for an implementation grant,
$2,500,000; and
(ii) for a renewal grant, $1,500,000.
(E) Construction industry.--Notwithstanding any
other provision in this section, if the targeted
infrastructure industry for a grant awarded under this
section is the construction industry, the grant shall
only be available for the establishment or operation of
a pre-apprenticeship program affiliated with a
registered apprenticeship program.
(3) Award basis.--
(A) Geographic diversity.--The Secretary shall
award grants under this section in a manner that
ensures geographic diversity in the areas in which
activities will be carried out under the grants,
including a balance between rural and tribal areas and
urban areas.
(B) Priority for targeted hiring or u.s. employment
plan projects.--In awarding grants under this section,
the Secretary shall give priority to eligible entities
that--
(i) ensure that not less than 50 percent of
the workers hired to participate in the job
training program are hired through local hiring
in accordance with section 111, including by
prioritizing individuals with a barrier to
employment (including ex-offenders), disabled
individuals, veterans, and individuals that
represent populations that are traditionally
underrepresented in the infrastructure
workforce; or
(ii) ensure the commitments described in
clauses (i) and (ii) of section 131(a)(2)(A)
with respect to carrying out the job training
program.
(C) Priority for renewal grants.--In awarding
renewal grants under this section, the Secretary shall
give priority to eligible entities that demonstrate
long-term sustainability of an industry or sector
partnership.
(c) Application Process.--
(1) In general.--An eligible entity seeking a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may reasonably require, including the contents
described in paragraph (2).
(2) Contents.--An application submitted under paragraph (1)
shall contain, at a minimum--
(A) an identification of the targeted
infrastructure industry to be served by the job
training program supported by a grant under this
section;
(B) a description of the individuals with a barrier
to employment, veterans, or individuals who are
traditionally underrepresented in the targeted
infrastructure industry, that will be served by such
program, including--
(i) an analysis of the labor market in the
targeted infrastructure industry;
(ii) a description of the barriers to
employment that may affect such individuals;
and
(iii) a description of strategies that the
program will employ to help such individuals
overcome such barriers;
(C) a description of the credentials that the
program will assist such individuals in obtaining,
which credentials--
(i) shall be nationally portable;
(ii) shall be recognized postsecondary
credentials or, if not available for the
industry, other credentials determined by the
Secretary to be appropriate; and
(iii) shall be related to the targeted
infrastructure industry; and
(D) a description of the services described in
subsection (d)(3) that the program will offer to such
individuals.
(d) Activities.--
(1) In general.--Each job training program supported under
this section--
(A) shall include--
(i) activities designed to achieve the
strategic objectives described in paragraph
(2); and
(ii) the services described in paragraph
(3) for individuals with a barrier to
employment (including ex-offenders), veterans,
or individuals who are traditionally
underrepresented in the targeted infrastructure
industry; and
(B) may include a partnership between the eligible
entity and an employer to assist such employer in
carrying out a work-based learning program, including a
registered apprenticeship program or a pre-
apprenticeship program affiliated with a registered
apprenticeship program.
(2) Strategic objectives.--The strategic objectives
described in this paragraph are the following:
(A)(i) Recruiting key stakeholders in the targeted
infrastructure industry, which stakeholders may include
employers, labor organizations, local workforce
development boards, and education and training
providers, including providers of career and technical
education.
(ii) Regularly convening such stakeholders in a
collaborative manner that supports the sharing of
information, ideas, and challenges, which are common to
the targeted infrastructure industry.
(B) Identifying the training needs of employers in
the targeted infrastructure industry, including--
(i) needs for skills critical to
competitiveness and innovation in such
industry;
(ii) needs of registered apprenticeship
programs, pre-apprenticeship programs
affiliated with registered apprenticeship
programs, or other work-based learning programs
that may be supported by a grant under this
section; and
(iii) needs for the alignment of a job
training program supported under this section
with career pathways.
(C) Facilitating actions, through industry or
sector partnerships, registered apprenticeship
programs, or pre-apprenticeship programs affiliated
with registered apprenticeship programs, that lead to
economies of scale by aggregating training and
education needs of multiple employers in the targeted
infrastructure industry.
(D) Assisting postsecondary educational
institutions, training institutions, sponsors of
registered apprenticeship programs, and all other
providers of career and technical education and
training programs that may be receiving assistance
under this section, align curricula, entrance
requirements, and programs to the targeted
infrastructure industry needs and the credentials
described in subsection (c)(2)(C), particularly for
high-skill, high-priority occupations related to the
targeted infrastructure industry.
(E) Providing information on the activities carried
out through the job training program supported under
this section to the State agency carrying out the State
program under the Wagner-Peyser Act (29 U.S.C. 49 et
seq.), including staff of the agency that provide
services under such Act, to enable the agency to inform
recipients of unemployment compensation of the
employment and training opportunities that may be
offered through such job training program supported
under this section.
(F) Assisting employers in the targeted
infrastructure industry to attract potential workers
from a diverse jobseeker base, including individuals
with a barrier to employment (including ex-offenders),
veterans, or individuals who are traditionally
underrepresented in the targeted infrastructure
industry, by identifying any such barriers, reasons for
such underrepresentation, or related issues for
veterans through analysis of the labor market in the
targeted infrastructure industry and implementing
strategies to help such individuals overcome such
barriers, reduce such underrepresentation, and address
such issues.
(3) Services.--
(A) In general.--Each job training program
supported by a grant under this section shall provide
services to individuals with a barrier to employment,
veterans, or individuals who are traditionally
underrepresented in the targeted infrastructure
industry, which may include--
(i) pre-employment services as described in
subparagraph (B); and
(ii) employment services as described in
subparagraph (C).
(B) Pre-employment services.--The pre-employment
services described in this subparagraph may include--
(i) skills training, including career and
technical education, and integrated education
and training, with respect to the targeted
infrastructure industry;
(ii) initial assessments of such
individuals;
(iii) services to provide work attire and
necessary tools for a work site in the targeted
infrastructure industry;
(iv) supportive services, such as child
care and transportation;
(v) mentoring services; and
(vi) job placement assistance.
(C) Employment services.--The employment services
described in this subparagraph are services provided to
individuals with a barrier to employment (including ex-
offenders), veterans, or individuals who are
traditionally underrepresented in the targeted
infrastructure industry, and that are employed in a
work-based learning program in the targeted
infrastructure industry. A job training program
supported by a grant under this section shall provide
such services to such individuals during their first 6
months of employment through such program, to assure
the individuals succeed in the program. Such services
may include--
(i) ongoing case management and services,
including the services described in
subparagraph (B);
(ii) continued skills training, including
career and technical education, integrated
education and training, and soft-skills
training such as problem solving and leadership
training, conducted in collaboration with the
employers of such individuals;
(iii) additional mentorship and retention
supports for such individuals; and
(iv) targeted training for the employer
participating in the work-based learning
program, including for frontline managers,
journey level workers (such as mentors) working
with individuals with a barrier to employment,
veterans, or individuals who are traditionally
underrepresented in the targeted infrastructure
industry, and human resource representatives of
the employer.
(e) Evaluations.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Transportation, the Secretary of Energy, the
Secretary of Commerce, the Secretary of Education, the
Administrator of the Environmental Protection Agency, and the
Chief of Engineers of the Army Corps of Engineers, shall
prepare and submit a report to Congress that evaluates the
effectiveness of the grants awarded under this section in
advancing the strategic objectives described in subsection
(d)(2), and the purposes described in subsection (b)(1).
(2) Data.--The report required under paragraph (1) shall
provide and analyze each of the following:
(A) The number of participants in job training
programs supported under this section, disaggregated by
age, race or ethnicity, gender, status as an individual
with a barrier to employment, and income.
(B) The percentage of such participants who were in
unsubsidized employment prior to enrolling in such
program.
(C) The median earnings of such participants prior
to enrolling in such program.
(D) The percentage of such participants who are in
unsubsidized employment during the second quarter after
exit from such program and salary statistics of such
participants, including mean and median earnings.
(E) The percentage of such participants who are in
unsubsidized employment during the fourth quarter after
exit from such program and the salary statistics of
such participants, including mean and median earnings.
(F) The percentage of such participants who obtain
a recognized postsecondary credential, or a secondary
school diploma or its recognized equivalent, during
participation in or within 1 year after exit from such
program.
(G) The percentage of such participants who, during
a program year, are in an education or training program
that leads to a recognized postsecondary credential or
employment and who are achieving measurable skill gains
toward such a credential or employment.
SEC. 202. INFRASTRUCTURE WORKFORCE EQUITY CAPACITY BUILDING PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) has an affiliate network in not less than 3
communities and across not less than 2 States;
(B) has the programmatic capability to serve
individuals with a barrier to employment or individuals
who are traditionally underrepresented in
infrastructure industries;
(C) has clearly and convincingly demonstrated that
it has the capacity to provide technical assistance to
entities carrying out job training programs under
section 201; and
(D) submits an application in accordance with
subsection (c).
(2) Individual with a barrier to employment.--The term
``individual with a barrier to employment'' has the meaning
given such term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(b) Capacity Building Program.--The Secretary shall reserve 10
percent of the amounts appropriated under section 203 to award grants,
contracts, or other agreements or arrangements as the Secretary
determines appropriate, to eligible entities for the purpose of
building the capacity of entities receiving a grant under section 201
to implement the activities described in subsection (d) of such section
to more effectively serve individuals with a barrier to employment,
including ex-offenders, veterans, or individuals who are traditionally
underrepresented in the targeted infrastructure industry served through
the job training program supported under such section 201.
(c) Application.--An entity seeking an award under this section
shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may reasonably
require.
(d) Use of Funds.--An award made under this section may be used to
provide technical assistance to entities receiving a grant under
section 201 in order for such entities to carry out the activities
described in subsection (d) of that section. Such technical assistance
may include assistance with--
(1) the development and training of staff;
(2) the provision of outreach, intake, assessments, and
service delivery;
(3) the coordination of services across providers and
programs; and
(4) the development of performance accountability measures.
(e) Amount.--The amount of a grant awarded under this section may
not exceed $5,000,000.
(f) Report.--An eligible entity receiving a grant under this
section shall, not later than 6 months after the grant is awarded,
submit to the Secretary a report that includes--
(1) a description of the impact of the technical assistance
provided under this section on the outcomes of grants under
section 201; and
(2) such other criteria as determined by the Secretary.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$1,000,000,000 for each of fiscal years 2022 through 2026.
TITLE III--INVESTING IN HIGH-QUALITY AMERICAN JOBS
SEC. 301. WAGE RATE.
(a) Davis-Bacon Act.--
(1) In general.--Notwithstanding any other provision of
law, for fiscal year 2022 and each fiscal year thereafter, all
laborers and mechanics employed by contractors or
subcontractors on projects assisted in whole or in part under a
covered infrastructure program, including projects described in
paragraph (3) assisted in whole or in part under such programs,
without regard to the form or type of Federal assistance
provided under such program, shall be paid wages at rates not
less than those prevailing on projects of a similar character
in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United
States Code (commonly known as the ``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(3) Revolving loan funds.--A project described in this
paragraph is a project, in the case of a covered infrastructure
program that capitalizes revolving loan funds, that is assisted
in whole or in part with amounts deposited in the revolving
loan fund, including loan repayments and interest earned.
(b) Service Employees.--
(1) In general.--Notwithstanding any other provision of
law, for fiscal year 2022 and each fiscal year thereafter, all
service employees who are not covered under subsection (a)
shall be paid a wage and fringe benefits that are not less than
the minimum wage and fringe benefits determined in accordance
with paragraphs (1) and (2), respectively, of section 6703 of
title 41, United States Code.
(2) Definition of service employee.--In this subsection,
the term ``service employee''--
(A) means an individual employed by a contractor or
subcontractor in the performance of a project that is
assisted in whole or in part under a covered
infrastructure program, without regard to the form or
type of Federal assistance provided under such program,
and that the principal purpose of which is to furnish
services in the United States;
(B) includes an individual without regard to any
contractual relationship alleged to exist between the
individual and a contractor or subcontractor; but
(C) does not include an individual employed in a
bona fide executive, administrative, or professional
capacity, as those terms are defined in part 541 of
title 29, Code of Federal Regulations.
(3) Authority.--With respect to paragraphs (1) and (2), the
Secretary of Labor shall have the authority and functions set
forth in chapter 67 of title 41, United States Code.
SEC. 302. RAISE LABOR STANDARDS, IMPROVE WORKING CONDITIONS, AND
STRENGTHEN WORKERS' BARGAINING POWER.
(a) Definitions.--In this section--
(1) the term ``covered award'' means an award of not less
than $500,000 made to an entity under a covered infrastructure
program by the head of the relevant Federal agency; and
(2) the term ``covered subaward'' means a subaward of not
less than $500,000 made to an entity under a covered
infrastructure program by another entity receiving a covered
award.
(b) Required Pre-Grant, Loan, or Contract Award Actions.--
(1) Disclosures.--The head of a relevant Federal agency
shall require an entity applying for a covered award--
(A) to represent, to the best of the entity's
knowledge and belief, whether there has been any
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance
issued by the Secretary of Labor, rendered against the
entity in the preceding 3 years for violations of--
(i) the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.);
(ii) the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.);
(iii) the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1801 et seq.);
(iv) the National Labor Relations Act (29
U.S.C. 151 et seq.);
(v) subchapter IV of chapter 31 of title
40, United States Code (commonly known as the
``Davis-Bacon Act'');
(vi) chapter 67 of title 41, United States
Code (commonly known as the ``Service Contract
Act'');
(vii) Executive Order 11246 (42 U.S.C.
2000e note; relating to equal employment
opportunity), including any amendment to such
Executive order;
(viii) section 503 of the Rehabilitation
Act of 1973 (29 U.S.C. 793);
(ix) section 4212 of title 38, United
States Code;
(x) the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.);
(xi) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.);
(xii) the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.);
(xiii) the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 621 et seq.);
(xiv) Executive Order 13658 (79 Fed. Reg.
9851; relating to establishing a minimum wage
for contractors);
(xv) subsection (h) of this section; or
(xvi) equivalent State laws, as defined in
guidance issued by the Secretary of Labor; and
(2) to require any applicant for a covered subaward from
the entity--
(A) to represent to the best of the applicant's
knowledge and belief, whether there has been any
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance
issued by the Secretary of Labor, rendered against the
applicant in the preceding 3 years for violations of
any of the labor laws listed in paragraph (1); and
(B) to update such information not less than every
6 months for the duration of the covered subaward.
(c) Pre-Award Corrective Measures.--The head of a relevant Federal
agency shall, prior to awarding a covered award, provide an entity that
makes a disclosure under subsection (b)(1) an opportunity to report any
steps taken to correct a violation of or improve compliance with the
labor laws listed in subsection (b)(1), including any agreements
entered into by the entity with an enforcement agency.
(d) Disclosure of Violations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall establish a
website that--
(A) is available to the public at no cost;
(B) indicates each violation disclosed under
subsection (b) or (e)(1) with respect to an entity
applying for, or receiving, a covered award or covered
subaward until such violation is corrected and the
entity is in compliance with all labor laws listed in
subsection (b)(1); and
(C) is designed to enable interested parties to
easily identify entities applying for, or receiving,
covered awards or covered subawards that are in
violation of any labor laws listed in subsection (b)(1)
and steps taken by such entities to correct the
violations or improve compliance with such laws.
(2) Fulfilling reporting requirements.--The Secretary of
Labor, in consultation with the Director of the Office of
Management and Budget and the heads of the relevant Federal
agencies, shall include on the website established under
paragraph (1) the ability for all entities that apply for or
receive covered awards or covered subawards to fulfill
reporting requirements under this section.
(3) Agency cooperation.--The heads of the relevant Federal
agencies shall provide the Secretary of Labor with the data
necessary to maintain the website established under paragraph
(1).
(e) Post-Award Grant, Loan, or Contract Actions.--
(1) Information updates.--The head of a relevant Federal
agency shall require each entity receiving a covered award or
covered subaward to, not later than once every 6 months, update
the information provided under paragraph (1) or (2), as
applicable, of subsection (b).
(2) Corrective actions.--
(A) Entity awarded assistance.--The head of a
relevant Federal agency, in consultation with the Labor
Compliance Advisor designated by such head under
subsection (f) and in coordination with the heads of
the other relevant Federal agencies as applicable,
shall determine whether any information provided under
paragraph (1) by an entity receiving a covered award
warrants corrective action. Such action--
(i) may include--
(I) an agreement requiring
appropriate remedial measures;
(II) compliance assistance;
(III) resolving issues to avoid
further violations;
(IV) the decision not to exercise
an option on assistance awarded or to
terminate the assistance awarded; or
(V) in coordination with the heads
of the other relevant Federal agencies,
the decision to debar or suspend the
entity from future participation in any
of the covered infrastructure programs;
and
(ii) shall include disclosure on the
website established under subsection (d).
(B) Subawards.--An entity that receives a covered
award, in consultation with head of the relevant
Federal agency and the Labor Compliance Advisor
designated by such head under subsection (f), shall
determine whether any information provided under
subsection (b)(2) by a recipient of a covered subaward
warrants corrective action, including remedial
measures, compliance assistance, and resolving issues
to avoid further violations.
(3) Department of labor investigations.--The Secretary of
Labor shall, as appropriate, inform the heads of the relevant
Federal agencies of investigations by the Secretary of entities
receiving covered awards or covered subawards for purposes of
determining the appropriateness of actions described in
subparagraphs (A) and (B) of paragraph (2).
(f) Labor Compliance Advisors.--
(1) In general.--Each head of a relevant Federal agency
shall designate a senior official to serve as the Labor
Compliance Advisor for the agency.
(2) Duties.--The Labor Compliance Advisor shall--
(A) meet quarterly with the Deputy Secretary,
Deputy Administrator, or equivalent official of the
agency with regard to matters covered under this
section;
(B) work with officials of the agency to promote
greater awareness and understanding of--
(i) the labor laws listed in subsection
(b)(1), including recordkeeping, reporting, and
notice requirements under such laws; and
(ii) best practices for compliance with
such laws;
(C) advise the head of the relevant Federal agency
whether agreements are in place or are otherwise needed
to address appropriate remedial measures, compliance
assistance, steps to resolve issues to avoid violations
of the labor laws listed in subsection (b)(1), or other
related matters concerning entities applying for or
receiving covered awards or covered subawards;
(D) coordinate assistance for entities that apply
for or receive covered awards or covered subawards that
are seeking help in addressing and preventing
violations of such labor laws;
(E) in consultation with the Secretary of Labor or
other relevant enforcement agencies, provide assistance
to the head of the relevant Federal agency regarding
appropriate actions to be taken in response to
violations, by entities applying for or receiving
covered awards or covered subawards, of the labor laws
listed in subsection (b)(1) identified prior to or
after receipt of such awards, and to address complaints
in a timely manner, by--
(i) providing assistance to officials of
the agency in reviewing the information
provided under subsections (b) and (e)(1), or
other information indicating a violation of
such a labor law, in order to assess the
serious, repeated, willful, or pervasive nature
of such violation and evaluate steps entities
applying for or receiving covered awards or
covered subawards have taken to correct
violations of or improve compliance with such
laws;
(ii) helping officials of the agency
determine the appropriate response to address
violations of the labor laws listed in
subsection (b)(1), or other information
indicating such violations, particularly
serious, repeated, willful, or pervasive
violations, including agreements requiring
appropriate remedial measures, decisions not to
award assistance or exercise an option on an
award of assistance, termination of an award of
assistance, or referral of details to be posted
on the website established under subsection
(d);
(iii) providing assistance to officials of
the agency in receiving and responding to, or
making referrals of, complaints alleging
violations of the labor laws listed in
subsection (b)(1) by entities applying for or
receiving covered awards or covered subawards;
(iv) supporting officials of the agency in
the coordination of actions taken pursuant to
this section to ensure agency-wide consistency,
to the extent practicable; and
(v) as appropriate, sending information to
agency suspension and debarment officials in
accordance with agency procedures;
(F) consult with the head of the relevant Federal
agency, and the Secretary of Labor as necessary, in the
development of regulations, policies, and guidance
addressing compliance with the labor laws listed in
subsection (b)(1) by entities applying for or receiving
covered awards or covered subawards;
(G) make recommendations to the head of the
relevant Federal agency to strengthen agency management
of compliance with such labor laws by entities applying
for or receiving covered awards or covered subawards;
(H) publicly report, on an annual basis, a summary
of actions taken by the head of the relevant Federal
agency to promote greater compliance with the labor
laws listed in subsection (b)(1), including the head's
response to serious, repeated, willful, or pervasive
violations of such labor laws; and
(I) participate in the interagency meetings
regularly convened by the Secretary of Labor under
subsection (g)(2).
(g) Measures To Ensure Government-Wide Consistency.--Not later than
1 year after the date of enactment of this Act, the Secretary of Labor
shall--
(1) develop a process--
(A) for the Labor Compliance Advisors designated
under subsection (f) to consult with the Secretary of
Labor in carrying out the responsibilities of such
Advisors under subsection (f)(2)(E); and
(B) by which the head of the relevant Federal
agencies and Labor Compliance Advisors may give
appropriate consideration to determinations and
agreements made by the Secretary of Labor and such
heads;
(2) regularly convene interagency meetings of Labor
Compliance Advisors to share and promote best practices for
improving compliance with the labor laws listed in subsection
(b)(1); and
(3) designate an appropriate contact within the Department
of Labor with whom the heads of the relevant Federal agencies
may consult with respect to requirements and activities under
this section.
(h) Workforce Diversity Programs.--
(1) In general.--The head of a relevant Federal agency, in
coordination with the Secretary of Labor, shall require each
entity that has not less than 50 employees and receives a
covered award or covered subaward to develop and maintain a
workforce diversity program in accordance with this subsection
to ensure equal employment opportunity through the recruitment,
selection, and advancement of individuals who are qualified for
the applicable position and who are individuals with a barrier
to employment (including ex-offenders), racial or ethnic
minorities, women, disabled individuals, or veterans.
(2) Structure of workforce diversity programs.--A workforce
diversity program required under paragraph (1) of an entity
described in such paragraph shall include programs, policies,
practices, and procedures that fulfill the purposes of this
subsection. Such programs, policies, practices, and procedures
shall--
(A) contain a diagnostic component that includes
more than 1 quantitative analysis designed to evaluate
the composition of the workforce of the entity and
compare such composition to the composition of other
relevant workforces;
(B) include action-oriented programs, such as
programs for training and outreach;
(C) include internal auditing and reporting systems
as a means of--
(i) measuring the entity's progress toward
achieving a diverse workforce; and
(ii) monitoring and examining employment
decisions and compensation systems to evaluate
the impact of those systems on diverse
applicants and employees;
(D) be incorporated into the entity's personnel
policies, practices, and procedures;
(E) be updated annually for the duration of the
project assisted by the covered award or covered
subaward; and
(F) be readily available for reporting to the
Secretary for the purposes of compliance review.
(3) Designation of responsibility.--An entity described in
paragraph (1) shall provide for the implementation of the
workforce diversity program required under such paragraph by--
(A) assigning responsibility and accountability to
an official of the entity; and
(B) providing the assigned official with the
authority, resources, and support of and access to top
management of the entity to ensure the effective
implementation of such program.
(4) Identification of problem areas.--
(A) In general.--An entity described in paragraph
(1) shall perform an in-depth analysis of the
employment process of the entity to determine--
(i) whether impediments to equal employment
opportunity exist in such process; and
(ii) if such impediments exist, the aspects
of such process in which such impediments
exist.
(B) Evaluations.--An analysis under subparagraph
(A) shall include an analysis of--
(i) whether, across different positions of
the entity, there are problems of utilization
or distribution of individuals who are
qualified for such positions and are
individuals with a barrier to employment
(including ex-offenders), racial or ethnic
minorities, women, disabled individuals, or
veterans;
(ii) personnel activity to determine
whether there are selection disparities, which
such analysis may include an analysis of the
number of applications and interviews, hires,
terminations, promotions, and other personnel
actions of the entity;
(iii) compensation systems to determine
whether there are disparities in compensation;
(iv) selection, recruitment, referral, and
other personnel procedures to determine whether
such procedures result in disparities in the
employment or advancement of individuals who
are qualified for the applicable position and
are individuals with a barrier to employment
(including ex-offenders), racial or ethnic
minorities, women, disabled individuals, or
veterans; and
(v) any other issue that may impact the
success of the workforce diversity program
required of the entity under paragraph (1).
(5) Action-oriented programs.--An entity described in
paragraph (1) shall develop and execute action-oriented
programs designed to--
(A) correct any problem areas identified under this
subsection; and
(B) attain established goals and objectives that--
(i) require the entity to follow different
procedures than those procedures that may have
previously produced inadequate results; and
(ii) demonstrate the entity has made good
faith efforts to remove identified barriers to
workforce diversity, expand employment
opportunities, and produce measurable results
to achieve improved workforce diversity.
(6) Internal audit and reporting system.--An entity
described in paragraph (1) shall develop and implement an
auditing system that periodically measures the effectiveness of
the workforce diversity program developed and maintained by the
entity under such paragraph. Such system shall include
requirements for the entity to--
(A) monitor records of all personnel activity,
including referrals, placements, transfers, promotions,
terminations, and compensation, at all levels of
employment with the entity to ensure the workforce
diversity program is carried out in accordance with the
purposes of this subsection;
(B) require internal reporting on a scheduled basis
as to the degree to which equal employment opportunity
and organizational objectives are attained;
(C) review the results of reports required under
this subsection with all levels of management of the
entity; and
(D) advise top management of the entity of the
effectiveness of the program and submit recommendations
to improve unsatisfactory performance with respect to
the program.
(7) Compliance status.--
(A) In general.--In determining whether an entity
described in paragraph (1) has complied with the
requirements for the workforce diversity program under
this subsection, the head of the relevant Federal
agency, in coordination with the Secretary of Labor,
shall--
(i) review the nature and extent of the
entity's good faith in carrying out activities
under paragraphs (4), (5), and (6), and the
appropriateness of those activities to identify
equal employment opportunity problems; and
(ii) analyze statistical data and other
non-statistical information to indicate whether
employees and applicants of the entity are
being treated without regard to their race,
color, religion, sex, sexual orientation,
gender identity, national origin, or disability
status.
(B) Technical assistance.--The head of the relevant
Federal agency, in coordination with the Secretary of
Labor, may provide technical assistance to an entity
described in paragraph (1) to assist such entity in
achieving compliance with the requirements under this
subsection, which may include an agreement between the
head of the relevant Federal agency and the entity
requiring appropriate remedial measures.
(C) Corrective action.--If an entity described in
paragraph (1) remains in noncompliance with the
requirements under this subsection following technical
assistance under subparagraph (B), the head of the
relevant Federal agency, in coordination with the
Secretary of Labor and the heads of the other relevant
Federal agencies as applicable, may take corrective
action against the entity. Such action may include--
(i) the decision not to exercise an option
on assistance awarded or to terminate the
assistance awarded; or
(ii) in coordination with the heads of the
other relevant Federal agencies, the decision
to debar or suspend the entity from future
participation in any of the covered
infrastructure programs.
(i) Paycheck Transparency.--
(1) In general.--Except as provided in paragraph (3), each
head of a relevant Federal agency shall require entities
receiving a covered award or a covered subaward to provide each
individual described in paragraph (2) with a document for each
pay period containing information concerning, with respect to
such individual for such pay period--
(A) hours worked, including overtime hours worked;
(B) pay, including any additions made to or
deductions made from pay; and
(C) job classification.
(2) Individuals described.--An individual described in this
paragraph is any individual performing work on a project for an
entity, receiving a covered award or covered subaward, that is
required to maintain wage records with respect to such
individual under--
(A) the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.);
(B) subchapter IV of chapter 31 of title 40, United
States Code (commonly referred to as the ``Davis-Bacon
Act'');
(C) chapter 67 of title 41, United States Code
(commonly known as the ``Service Contract Act''); or
(D) any applicable State law.
(3) Exceptions.--
(A) Employees exempt from overtime requirements.--A
document provided under paragraph (1) to an individual
who is exempt under section 13 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213) from the overtime
compensation requirements under section 7 of such Act
(29 U.S.C. 207) shall not be required to include a
record of the hours worked by the individual if the
entity receiving the covered award or covered subaward
informs the individual of the status of such individual
as exempt from such overtime compensation requirements.
(B) Substantially similar state laws.--The
requirements under this subsection shall be deemed to
be satisfied if the entity receiving the covered award
or covered subaward complies with State or local
requirements that the Secretary of Labor has determined
are substantially similar to the requirements under
this subsection.
(4) Independent contractors.--If an entity receiving a
covered award or covered subaward treats an individual
performing work on a project assisted by such award or subaward
as an independent contractor, and not as an employee, of the
entity, the entity shall provide the individual a document
informing the individual of the status of the individual as an
independent contractor.
(j) Notice of Hire.--
(1) In general.--Each head of a relevant Federal agency
shall require entities receiving a covered award or a covered
subaward to provide each individual described in subsection
(i)(2), at the time of hiring, a written notice containing each
of the following:
(A) The name of the entity, including any name used
by the entity in conducting business.
(B) The physical address of the entity's main
office or principal place of business, and a mailing
address, if different from such physical address.
(C) The telephone number of the entity.
(D) The date on which the individual will regularly
receive a paycheck from the entity.
(E) The individual's rate of pay, and the basis of
that rate, including (as applicable)--
(i) by the hour, shift, day, week, salary,
piece, or commission;
(ii) any allowances claimed as part of the
minimum wage, including tips and meal or
lodging allowances; and
(iii) overtime rate of pay, including any
exemptions from overtime pay.
(F) The individual's job classification, and the
prevailing wage for the corresponding class of laborers
and mechanics employed on projects of a similar
character in the locality in which the work is to be
performed.
(2) Enforcement.--
(A) Fine.--
(i) In general.--The head of a relevant
Federal agency may assess a civil fine, subject
to clause (ii), of $500 against an entity that
knowingly violates paragraph (1) for each
individual to whom the entity failed to notify
in violation of such paragraph.
(ii) Inflation.--The head of a relevant
Federal agency shall, for each year beginning 1
year after the date of enactment of this Act,
adjust the amount under clause (i) for
inflation.
(B) Rebuttable presumption.--The failure to provide
a notice in compliance with paragraph (1) shall be a
rebuttable presumption that an entity required to
provide such notice knowingly violated such paragraph.
(k) Neutrality.--
(1) Allowable costs.--Except as provided in paragraph (2),
an entity receiving a covered award or covered subaward may use
the assistance of such award or subaward for costs incurred in
maintaining satisfactory relations between the entity and
employees of the entity on a project assisted by the award or
subaward, including costs of shop stewards, labor management
committees, employee publications, and other related
activities.
(2) Limitation on federal assistance.--
(A) In general.--No Federal assistance made
available under a covered award or covered subaward may
be used for costs incurred in--
(i) activities undertaken to persuade
employees of any entity to exercise or not to
exercise, or concerning the manner of such
employees in exercising or not exercising, the
right to organize and bargain collectively
through representatives of the employees' own
choosing; or
(ii) any other activities that are subject
to the requirements under section 203(b) of the
Labor-Management Reporting and Disclosure Act
of 1959 (29 U.S.C. 433(b)).
(B) Examples.--Examples of costs prohibited under
subparagraph (A) include the costs of--
(i) preparing and distributing materials
for a purpose described in subparagraph (A);
(ii) hiring or consulting legal counsel or
consultants for such purpose;
(iii) meetings held for such purpose
(including paying the salaries of the attendees
at such meetings); and
(iv) planning or conducting activities for
such purpose during work hours by managers,
supervisors, or labor organization
representatives.
(l) Complaint and Dispute Transparency.--
(1) In general.--
(A) Awards.--Each head of a relevant Federal agency
shall require entities receiving a covered award to
agree that any decision to arbitrate the claim of an
employee or independent contractor performing work for
a project assisted by the award that arises under title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or that involves any tort related to or arising
out of sexual assault or sexual harassment may only be
made with the voluntary consent of the employee or
independent contractor after the dispute arises.
(B) Subawards.--Each head of a relevant Federal
agency shall require that an entity covered under
subparagraph (A) incorporate the requirement under such
subparagraph into each subaward made for a project
assisted by the award.
(2) Exception for employees and independents contractors.--
(A) In general.--The requirements under paragraph
(1) shall not apply with respect to an employee or
independent contractor who--
(i) is covered by a collective bargaining
agreement negotiated between the entity
receiving an award or subaward and a labor
organization representing the employee or
independent contractor; or
(ii) except as provided in subparagraph
(B), entered into a valid agreement to
arbitrate claims described in such paragraph
before the entity received the award or
subaward described in such paragraph.
(B) Applicability.--The requirements under
paragraph (1) shall apply with respect to an employee
or independent contractor of an entity receiving a
covered award or covered subaward--
(i) if the entity receiving the award or
subaward is permitted to change the terms of
the agreement described in subparagraph (A)(ii)
with the employee or independent contractor; or
(ii) in the event such agreement is
renegotiated or replaced after the entity
receives the award or subaward.
(m) Definition of Individual With a Barrier to Employment.--In this
section, the term ``individual with a barrier to employment'' has the
meaning given such term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
SEC. 303. BUY AMERICA BUREAU.
(a) Definitions.--In this section:
(1) Buy america law.--The term ``Buy America law'' means--
(A) section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States
Code;
(C) section 22905(a) of title 49, United States
Code;
(D) section 50101(a) of title 49, United States
Code;
(E) section 608 of the Federal Water Pollution
Control Act (33 U.S.C. 1388); and
(F) section 1452(a)(4) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(a)(4)).
(2) Director.--The term ``Director'' means the Director of
the Buy America Bureau established by subsection (b).
(b) Establishment.--There is established in the Department of
Commerce an office, to be known as the ``Buy America Bureau''.
(c) Leadership.--The Buy America Bureau shall be headed by a
Director, who shall--
(1) be appointed by the Secretary of Commerce; and
(2) report to the Secretary of Commerce.
(d) Duties.--The Director shall--
(1) establish a program to certify and conduct oversight of
third-party auditors that work with entities that receive
assistance under a covered infrastructure program to ensure
compliance with Buy America laws;
(2) establish guidelines for ensuring transparency in the
Buy America auditing process under paragraph (1), including--
(A) the use of and fulfillment of requests pursuant
to section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act''); and
(B) the disclosure of information relating to a Buy
America audit by third-party auditors under paragraph
(1);
(3) establish guidelines to support the establishment,
strengthening, and oversight of compliance with Buy America
laws, taking into consideration and seeking to maximize the
direct and indirect domestic jobs benefitted or created;
(4) establish a clearinghouse website to make publicly
available information on--
(A) Buy America audits conducted by third-party
auditors under paragraph (1);
(B) third-party auditors that have received a
certification from the Director under paragraph (1);
and
(C) requested waivers of Buy America laws under
covered infrastructure programs; and
(5) submit to Congress an annual report on--
(A) waivers from a Buy America law that have been
requested;
(B) waivers from a Buy America law that have been
granted; and
(C) any supply chain gaps in the United States that
may need to be addressed to improve compliance with Buy
America laws without a waiver.
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Build Local, Hire Local Act
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To establish an expansive infrastructure program to create local jobs and raise the quality of life in every community, to launch middle class career pathways in infrastructure, and to invest in high-quality American jobs, and for other purposes.
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Build Local, Hire Local Act
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Rep. Bass, Karen
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D
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CA
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11,331
| 9,210
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H.R.702
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Labor and Employment
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This bill requires the Department of Labor to award grants to states to develop, administer, and evaluate registered apprenticeship programs focused on early childhood education.
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To direct the Secretary of Labor to award grants to develop,
administer, and evaluate early childhood education apprenticeships, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. GRANTS FOR EARLY CHILDHOOD EDUCATION APPRENTICESHIP
PROGRAMS.
(a) Establishment.--The Secretary, in consultation with the
Secretary of Health and Human Services and the Secretary of Education,
shall award grants to States to develop, administer, and evaluate
apprenticeships.
(b) Application.--A State seeking a grant under this Act shall
submit an application to the Secretary for approval at such time, in
such manner, and containing such information as the Secretary may
require.
(c) Uses of Funds.--
(1) Required uses.--A grant under subsection (a) shall be
used for activities that develop, administer, and evaluate an
apprenticeship, including--
(A) equipping apprentices with specialized
knowledge, skills, and competencies required to work in
early childhood education;
(B) increasing the number of apprentices (including
apprentices that are in areas that are underserved or
rural) with a recognized postsecondary credential, a
certificate of completion of an apprenticeship, or a
degree from an institution of higher education;
(C) promoting recruitment and retention of
apprentices;
(D) providing a pathway to career advancement for
apprentices by assisting such apprentices in completing
an apprenticeship and tracking the percent of such
completions, including the apprentices who--
(i) attend an institution of higher
education after completing an apprenticeship;
and
(ii) enter into employment that is
unsubsidized after completing an
apprenticeship;
(E) supporting partnerships with institutions of
higher education in the State, businesses, and other
entities participating in an apprenticeship to provide
for academic credit for instruction related to the
apprenticeship and the application of such credit
toward a degree at an institution of higher education;
and
(F) developing strategies to hire and retain
qualified supervisors for apprentices that support such
apprentices through--
(i) professional development;
(ii) mentorship;
(iii) evaluation; and
(iv) training.
(2) Permitted uses.--In addition to the requirements under
paragraph (1), a grant under subsection (a) may be used to--
(A) coordinate with the State apprenticeship agency
to determine and disseminate best practices,
recommended curricula, or other resources on
administering effective apprenticeships for businesses,
institutions of higher education, or other entities
participating in an apprenticeship; and
(B) establish primary indicators of performance
with respect to apprentices and individuals who have
completed an apprenticeship to be shared on State and
national workforce registries (commonly known as
``Registered Apprenticeship Partners Information Data
Systems''), including--
(i) the percentage of individuals who have
completed an apprenticeship and remain employed
full-time in early childhood education--
(I) 6 months after completing such
apprenticeship; and
(II) 1 year after completing such
apprenticeship;
(ii) the median earnings of individuals who
have completed an apprenticeship and are
employed full-time in early childhood education
within 6 months after completing such
apprenticeship;
(iii) the percentage of apprentices who
obtain a recognized postsecondary credential, a
secondary school diploma, or the recognized
equivalent of such diploma while participating
in an apprenticeship; and
(iv) the percentage of individuals who have
completed an apprenticeship and who begin or
obtain a recognized postsecondary credential or
degree, a secondary school diploma, or the
recognized equivalent of such diploma within 1
year after completing an apprenticeship.
(d) Priority.--The Secretary shall prioritize State applicants
that--
(1) have developed partnerships with--
(A) Indian Tribes in such State; or
(B) institutions of higher education that serve
minority populations;
(2) have a statewide credit articulation agreement in place
that ensures credit transfer between participating institutions
of higher education in the State and other relevant credential
programs; or
(3) assure that no less than 25 percent of the grant funds
will be used to support apprenticeships in underserved or rural
communities.
(e) Grant Term and Limitation.--
(1) Term.--The term of a grant made under this Act shall be
3 years.
(2) Limitation.--The Secretary shall award no greater than
20 grants each fiscal year.
(f) Cost-Sharing.--
(1) In general.--The Federal share of the cost of any
activity carried out using a grant made under this Act shall be
not more than 75 percent.
(2) In-kind contributions.--The non-Federal share of the
total cost of any activity carried out using a grant made under
this Act may be in the form of donations or in-kind
contributions of goods or services fairly valued.
(g) State Evaluation and Report to Secretary.--
(1) Evaluation and report.--Not later than 1 year after
receiving a grant under this Act, and annually thereafter for
the duration of the grant, a State shall submit to the
Secretary a report containing an evaluation of the
apprenticeships to determine which program strategies made
progress toward--
(A) increasing the aggregate number of apprentices;
and
(B) increasing the retention rates of apprentices.
(2) Rule for reporting data.--The disaggregation of data
under this Act shall not be required when the number of
apprentices in a category is insufficient to yield
statistically reliable information or when the results would
reveal personally identifiable information about an apprentice.
(h) Report to Congress.--Not later than 5 years after the date of
the enactment of this Act, the Secretary shall submit to Congress a
report on the effectiveness of each State that received a grant under
this Act to develop, administer, and evaluate apprenticeships,
including evaluating--
(1) an increase in the number of apprentices in early
childhood education;
(2) an increase in the retention rates of individuals who
work in early childhood education after completing an
apprenticeship;
(3) the career path of apprentices and individuals who have
completed an apprenticeship; and
(4) an increase in the number of credentials and degrees
obtained by apprentices.
(i) Funding.--To carry out the grant program under this Act, the
Secretary shall use amounts allocated under section 414(c) of the
American Competitiveness and Workforce Improvement Act of 1998 (29
U.S.C. 3224a).
(j) Definitions.--In this Act:
(1) Apprentice.--The term ``apprentice'' means an
individual participating in a registered apprenticeship program
focused on early childhood education as that term is defined
under section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
(2) Apprenticeship.--The term ``apprenticeship'' means a
registered apprenticeship program that trains apprentices.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term under section 102(a)(1) of the Higher Education Act of
1965 (20 U.S.C. 1002(a)(1)).
(4) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
program registered under the Act of August 16, 1937 (commonly
known as the ``National Apprenticeship Act''; 29 U.S.C. 50 et
seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
<all>
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To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes.
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To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes.
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Official Titles - House of Representatives
Official Title as Introduced
To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes.
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Rep. Guthrie, Brett
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R
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KY
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11,332
| 1,477
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S.2710
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Commerce
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Open App Markets Act
This bill establishes rules related to the operation of an app store by a covered company (i.e., the owner or controller of an app store with more than 50 million U.S. users).
An app is a software application or electronic service that may be run or directed by a user on a computer or mobile device. An app store is a publicly available website, software application, or other electronic service that distributes apps from third-party developers to users.
The bill prohibits a covered company from (1) requiring developers to use an in-app payment system owned or controlled by the company as a condition of distribution or accessibility, (2) requiring that pricing or conditions of sale be equal to or more favorable on its app store than another app store, or (3) taking punitive action against a developer for using or offering different pricing terms or conditions of sale through another in-app payment system or on another app store.
A covered company may not interfere with legitimate business communications between developers and users, use non-public business information from a third-party app to compete with the app, or unreasonably prefer or rank its own apps (or those of its business partners) over other apps.
The bill provides for enforcement of its provisions by the Federal Trade Commission and the Department of Justice, as well as through suits brought by developers that are injured by reason of anything prohibited by this bill.
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To promote competition and reduce gatekeeper power in the app economy,
increase choice, improve quality, and reduce costs for consumers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Open App Markets
Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) App.--The term ``App'' means a software
application or electronic service that may be run or directed
by a user on a computer, a mobile device, or any other general
purpose computing device.</DELETED>
<DELETED> (2) App store.--The term ``App Store'' means a
publicly available website, software application, or other
electronic service that distributes Apps from third-party
developers to users of a computer, a mobile device, or any
other general purpose computing device.</DELETED>
<DELETED> (3) Covered company.--The term ``Covered Company''
means any person that owns or controls an App Store for which
users in the United States exceed 50,000,000.</DELETED>
<DELETED> (4) Developer.--The term ``developer'' means a
person that owns or controls an App or an App Store.</DELETED>
<DELETED> (5) In-app payment system.--The term ``In-App
Payment System'' means an application, service, or user
interface to process the payments from users of an
App.</DELETED>
<DELETED> (6) Non-public business information.--The term
``non-public business information'' means non-public data that
is--</DELETED>
<DELETED> (A) derived from a developer or an App or
App Store owned or controlled by a developer, including
interactions between users and the App or App Store of
the developer; and</DELETED>
<DELETED> (B) collected by a Covered Company in the
course of operating an App Store or providing an
operating system.</DELETED>
<DELETED>SEC. 3. PROTECTING A COMPETITIVE APP MARKET.</DELETED>
<DELETED> (a) Exclusivity and Tying.--A Covered Company shall not--
</DELETED>
<DELETED> (1) require developers to use an In-App Payment
System owned or controlled by the Covered Company or any of its
business partners as a condition of being distributed on an App
Store or accessible on an operating system;</DELETED>
<DELETED> (2) require as a term of distribution on an App
Store that pricing terms or conditions of sale be equal to or
more favorable on its App Store than the terms or conditions
under another App Store; or</DELETED>
<DELETED> (3) take punitive action or otherwise impose less
favorable terms and conditions against a developer for using or
offering different pricing terms or conditions of sale through
another In-App Payment System or on another App
Store.</DELETED>
<DELETED> (b) Interference With Legitimate Business
Communications.--A Covered Company shall not impose restrictions on
communications of developers with the users of the App through an App
or direct outreach to a user concerning legitimate business offers,
such as pricing terms and product or service offerings.</DELETED>
<DELETED> (c) Non-Public Business Information.--A Covered Company
shall not use non-public business information derived from a third-
party App for the purpose of competing with that App.</DELETED>
<DELETED> (d) Interoperability.--A Covered Company that controls the
operating system or operating system configuration on which its App
Store operates shall allow and provide the readily accessible means for
users of that operating system to--</DELETED>
<DELETED> (1) choose third-party Apps or App Stores as
defaults for categories appropriate to the App or App
Store;</DELETED>
<DELETED> (2) install third-party Apps or App Stores through
means other than its App Store; and</DELETED>
<DELETED> (3) hide or delete Apps or App Stores provided or
preinstalled by the App Store owner or any of its business
partners.</DELETED>
<DELETED> (e) Self-Preferencing in Search.--</DELETED>
<DELETED> (1) In general.--A Covered Company shall not
provide unequal treatment of Apps in an App Store through
unreasonably preferencing or ranking the Apps of the Covered
Company or any of its business partners over those of other
Apps.</DELETED>
<DELETED> (2) Considerations.--Unreasonably preferencing--
</DELETED>
<DELETED> (A) includes applying ranking schemes or
algorithms that prioritize Apps based on a criterion of
ownership interest by the Covered Company or its
business partners; and</DELETED>
<DELETED> (B) does not include clearly disclosed
advertising.</DELETED>
<DELETED> (f) Open App Development.--Access to operating system
interfaces, development information, and hardware and software features
shall be provided to developers on a timely basis and on terms that are
equivalent or functionally-equivalent to the terms for access by
similar Apps or functions provided by the Covered Company or to its
business partners.</DELETED>
<DELETED>SEC. 4. PROTECTING THE SECURITY AND PRIVACY OF
USERS.</DELETED>
<DELETED> (a) In General.--Subject to section (b), a Covered Company
shall not be in violation of a subsection of section 3 for an action
that is--</DELETED>
<DELETED> (1) necessary to achieve user privacy, security,
or digital safety;</DELETED>
<DELETED> (2) taken to prevent spam or fraud; or</DELETED>
<DELETED> (3) taken to prevent a violation of, or comply
with, Federal or State law.</DELETED>
<DELETED> (b) Requirements.--Section (a) shall only apply if the
Covered Company establishes by clear and convincing evidence that the
action described is--</DELETED>
<DELETED> (1) applied on a demonstrably consistent basis to
Apps of the Covered Company or its business partners and to
other Apps;</DELETED>
<DELETED> (2) not used as a pretext to exclude, or impose
unnecessary or discriminatory terms on, third-party Apps, In-
App Payment Systems, or App Stores; and</DELETED>
<DELETED> (3) narrowly tailored and could not be achieved
through a less discriminatory and technically possible
means.</DELETED>
<DELETED>SEC. 5. ENFORCEMENT.</DELETED>
<DELETED> (a) Enforcement.--</DELETED>
<DELETED> (1) In general.--The Federal Trade Commission, the
Attorney General, and any attorney general of a State subject
to the requirements in paragraph (4) shall enforce this Act in
the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C.
41 et seq.) or the Clayton Act (15 U.S.C. 12 et seq.), as
appropriate, were incorporated into and made a part of this
Act.</DELETED>
<DELETED> (2) Unfair methods of competition.--A violation of
this Act shall also constitute an unfair method of competition
under section 5 of the Federal Trade Commission Act (15 U.S.C.
5).</DELETED>
<DELETED> (3) Federal trade commission independent
litigation authority.--If the Federal Trade Commission has
reason to believe that a Covered Company violated this Act, the
Federal Trade Commission may commence a civil action, in its
own name by any of its attorneys designated by it for such
purpose, to recover a civil penalty and seek other appropriate
relief in a district court of the United States against the
covered platform operator.</DELETED>
<DELETED> (4) Parens patriae.--Any attorney general of a
State may bring a civil action in the name of such State for a
violation of this Act as parens patriae on behalf of natural
persons residing in such State, in any district court of the
United States having jurisdiction of the defendant, and may
secure any form of relief provided for in this
section.</DELETED>
<DELETED> (b) Suits by Developers Injured.--</DELETED>
<DELETED> (1) In general.--Any developer who shall be
injured by reason of anything forbidden in this Act may sue
therefor in any district court of the United States in the
district in which the defendant resides or is found or has an
agent, without respect to the amount in controversy, and shall
recover threefold the damages by him sustained, and the cost of
suit, including a reasonable attorney's fee. The court may
award under this subsection, pursuant to a motion by such
developer promptly made, simple interest on actual damages for
the period beginning on the date of service of such developer's
pleading setting forth a claim under this Act and ending on the
date of judgment, or for any shorter period therein, if the
court finds that the award of such interest for such period is
just in the circumstances. In determining whether an award of
interest under this subsection for any period is just in the
circumstances, the court shall consider only--</DELETED>
<DELETED> (A) whether such developer or the opposing
party, or either party's representative, made motions
or asserted claims or defenses so lacking in merit as
to show that such party or representative acted
intentionally for delay, or otherwise acted in bad
faith;</DELETED>
<DELETED> (B) whether, in the course of the action
involved, such developer or the opposing party, or
either party's representative, violated any applicable
rule, statute, or court order providing for sanctions
for dilatory behavior or otherwise providing for
expeditious proceedings; and</DELETED>
<DELETED> (C) whether such developer or the opposing
party, or either party's representative, engaged in
conduct primarily for the purpose of delaying the
litigation or increasing the cost thereof.</DELETED>
<DELETED> (2) Injunctive relief.--Any developer shall be
entitled to sue for and have injunctive relief, in any court of
the United States having jurisdiction over the parties, against
threatened loss or damage by a violation of this Act, when and
under the same conditions and principles as injunctive relief
against threatened conduct that will cause loss or damage is
granted by courts of equity, under the rules governing such
proceedings, and upon the execution of proper bond against
damages for an injunction improvidently granted and a showing
that the danger of irreparable loss or damage is immediate, a
preliminary injunction may issue. In any action under this
paragraph in which the plaintiff substantially prevails, the
court shall award the cost of suit, including a reasonable
attorney's fee, to such plaintiff.</DELETED>
<DELETED>SEC. 6. RULE OF CONSTRUCTION.</DELETED>
<DELETED> Nothing in this Act shall be construed to limit any
authority of the Attorney General or the Federal Trade Commission under
the antitrust laws (as defined in the first section of the Clayton Act
(15 U.S.C. 12)), the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), or any other provision of law or to limit the application of any
law.</DELETED>
<DELETED>SEC. 7. SEVERABILITY.</DELETED>
<DELETED> If any provision of this Act, or the application of such a
provision to any person or circumstance, is held to be
unconstitutional, the remaining provisions of this Act, and the
application of the provision held to be unconstitutional to any other
person or circumstance, shall not be affected thereby.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open App Markets Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) App.--The term ``app'' means a software application or
electronic service that may be run or directed by a user on a
computer, a mobile device, or any other general purpose
computing device.
(2) App store.--The term ``app store'' means a publicly
available website, software application, or other electronic
service that distributes apps from third-party developers to
users of a computer, a mobile device, or any other general
purpose computing device.
(3) Covered company.--The term ``covered company'' means
any person that owns or controls an app store for which users
in the United States exceed 50,000,000.
(4) Developer.--The term ``developer'' means a person that
owns or controls an app or an app store.
(5) In-app payment system.--The term ``in-app payment
system'' means an application, service, or user interface to
manage billing or process the payments from users of an app.
(6) Nonpublic business information.--The term ``nonpublic
business information'' means nonpublic data that is--
(A) derived from a developer or an app or app store
owned or controlled by a developer, including
interactions between users and the app or app store of
the developer; and
(B) collected by a covered company in the course of
operating an app store or providing an operating
system.
SEC. 3. PROTECTING A COMPETITIVE APP MARKET.
(a) Exclusivity and Tying.--A covered company shall not--
(1) require developers to use or enable an in-app payment
system owned or controlled by the covered company or any of its
business partners as a condition of the distribution of an app
on an app store or accessible on an operating system;
(2) require as a term of distribution on an app store that
pricing terms or conditions of sale be equal to or more
favorable on its app store than the terms or conditions under
another app store; or
(3) take punitive action or otherwise impose less favorable
terms and conditions against a developer for using or offering
different pricing terms or conditions of sale through another
in-app payment system or on another app store.
(b) Interference With Legitimate Business Communications.--A
covered company shall not impose restrictions on communications of
developers with the users of an app of the developer through the app or
direct outreach to a user concerning legitimate business offers, such
as pricing terms and product or service offerings. Nothing in this
subsection shall prohibit a covered company from providing a user the
option to offer consent prior to the collection and sharing of the data
of the user by an app.
(c) Nonpublic Business Information.--A covered company shall not
use nonpublic business information derived from a third-party app for
the purpose of competing with that app.
(d) Interoperability.--A covered company that controls the
operating system or operating system configuration on which its app
store operates shall allow and provide readily accessible means for
users of that operating system to--
(1) choose third-party apps or app stores as defaults for
categories appropriate to the app or app store;
(2) install third-party apps or app stores through means
other than its app store; and
(3) hide or delete apps or app stores provided or
preinstalled by the app store owner or any of its business
partners.
(e) Self-preferencing in Search.--
(1) In general.--A covered company shall not provide
unequal treatment of apps in an app store through unreasonably
preferencing or ranking the apps of the covered company or any
of its business partners over those of other apps in organic
search results.
(2) Considerations.--Unreasonably preferencing--
(A) includes applying ranking schemes or algorithms
that prioritize apps based on a criterion of ownership
interest by the covered company or its business
partners; and
(B) does not include clearly disclosed advertising.
(f) Open App Development.--A covered company shall provide access
to operating system interfaces, development information, and hardware
and software features to developers on a timely basis and on terms that
are equivalent or functionally equivalent to the terms for access by
similar apps or functions provided by the covered company or to its
business partners.
SEC. 4. PROTECTING THE SECURITY AND PRIVACY OF USERS.
(a) In General.--
(1) No violation.--Subject to section (b), a covered
company shall not be in violation of section 3 for an action
that is--
(A) necessary to achieve user privacy, security, or
digital safety;
(B) taken to prevent spam or fraud;
(C) necessary to prevent unlawful infringement of
preexisting intellectual property; or
(D) taken to prevent a violation of, or comply
with, Federal or State law.
(2) Privacy and security protections.--In paragraph (1),
the term ``necessary to achieve user privacy, security, or
digital safety'' includes--
(A) allowing an end user to opt in, and providing
information regarding the reasonable risks, prior to
enabling installation of the third-party apps or app
stores;
(B) removing malicious or fraudulent apps or app
stores from an end user device;
(C) providing an end user with the technical means
to verify the authenticity and origin of third-party
apps or app stores; and
(D) providing an end user with option to limit the
collection sharing of the data of the user with third-
party apps or app stores.
(b) Requirements.--Subsection (a) shall only apply if the covered
company establishes by a preponderance of the evidence that the action
described in that subsection is--
(1) applied on a demonstrably consistent basis to--
(A) apps of the covered company or its business
partners; and
(B) other apps;
(2) not used as a pretext to exclude, or impose unnecessary
or discriminatory terms on, third-party apps, in-app payment
systems, or app stores; and
(3) narrowly tailored and could not be achieved through a
less discriminatory and technically possible means.
SEC. 5. ENFORCEMENT.
(a) Enforcement.--
(1) In general.--The Federal Trade Commission, the Attorney
General, and any attorney general of a State subject to the
requirements in paragraph (3) shall enforce this Act in the
same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act
(15 U.S.C. 12 et seq.), and Antitrust Civil Process Act (15
U.S.C. 1311 et seq.), as appropriate, were incorporated into
and made a part of this Act.
(2) Federal trade commission independent litigation
authority.--If the Federal Trade Commission has reason to
believe that a covered company violated this Act, the Federal
Trade Commission may commence a civil action, in its own name
by any of its attorneys designated by it for such purpose, to
recover a civil penalty and seek other appropriate relief in a
district court of the United States against the covered
company.
(3) Parens patriae.--Any attorney general of a State may
bring a civil action in the name of such State for a violation
of this Act as parens patriae on behalf of natural persons
residing in such State, in any district court of the United
States having jurisdiction of the defendant, and may secure any
form of relief provided for in this section.
(b) Suits by Developers Injured.--
(1) In general.--Except as provided in paragraph (3), any
developer injured by reason of anything forbidden in this Act
may sue therefor in any district court of the United States in
the district in which the defendant resides or is found or has
an agent, without respect to the amount in controversy, and
shall recover threefold the damages by the developer sustained
and the cost of suit, including a reasonable attorney's fee.
The court may award under this paragraph, pursuant to a motion
by such developer promptly made, simple interest on actual
damages for the period beginning on the date of service of the
pleading of the developer setting forth a claim under this Act
and ending on the date of judgment, or for any shorter period
therein, if the court finds that the award of such interest for
such period is just in the circumstances. In determining
whether an award of interest under this paragraph for any
period is just in the circumstances, the court shall consider
only--
(A) whether the developer or the opposing party, or
either party's representative, made motions or asserted
claims or defenses so lacking in merit as to show that
such party or representative acted intentionally for
delay or otherwise acted in bad faith;
(B) whether, in the course of the action involved,
the developer or the opposing party, or either party's
representative, violated any applicable rule, statute,
or court order providing for sanctions for dilatory
behavior or otherwise providing for expeditious
proceedings; and
(C) whether the developer or the opposing party, or
either party's representative, engaged in conduct
primarily for the purpose of delaying the litigation or
increasing the cost thereof.
(2) Injunctive relief.--Except as provided in paragraph
(3), any developer shall be entitled to sue for and have
injunctive relief, in any court of the United States having
jurisdiction over the parties, against threatened loss or
damage by a violation of this Act, when and under the same
conditions and principles as injunctive relief against
threatened conduct that will cause loss or damage is granted by
courts of equity, under the rules governing such proceedings,
and upon the execution of proper bond against damages for an
injunction improvidently granted and a showing that the danger
of irreparable loss or damage is immediate, a preliminary
injunction may issue. In any action under this paragraph in
which the plaintiff substantially prevails, the court shall
award the cost of suit, including a reasonable attorney's fee,
to such plaintiff.
(3) Foreign state-owned enterprises.--A developer of an app
that is owned by, or under the control of, a foreign state may
not bring an action under this subsection.
SEC. 6. REPORTING.
Not later than 3 years after the date of enactment of this Act, the
Federal Trade Commission, the Comptroller General of the United States,
and the Antitrust Division of the Department of Justice shall each
separately review and provide an in-depth analysis of the impact of
this Act on competition, innovation, barriers to entry, and
concentrations of market power or market share after the date of
enactment of this Act.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) to limit--
(A) any authority of the Attorney General or the
Federal Trade Commission under the antitrust laws (as
defined in the first section of the Clayton Act (15
U.S.C. 12), the Federal Trade Commission Act (15 U.S.C.
41 et seq.), or any other provision of law; or
(B) the application of any law;
(2) to require--
(A) a covered company to provide service under a
hardware or software warranty for damage caused by
third-party apps or app stores installed through means
other than the app store of the covered company; or
(B) customer service for the installation or
operation of third-party apps or app stores described
in subparagraph (A);
(3) to prevent an action taken by a covered company that is
reasonably tailored to protect the rights of third parties
under section 106, 1101, 1201, or 1401 of title 17, United
States Code, or rights actionable under sections 32 or 43 of
the Act entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other
purposes'', approved July 5, 1946 (commonly known as the
``Lanham Act'' or the ``Trademark Act of 1946'') (15 U.S.C.
1114, 1125), or corollary State law;
(4) to require a covered company to license any
intellectual property, including any trade secrets, owned by or
licensed to the covered company;
(5) to prevent a covered company from asserting preexisting
rights of the covered company under intellectual property law
to prevent the unlawful use of any intellectual property owned
by or duly licensed to the covered company; or
(6) to require a covered company to interoperate or share
data with persons or business users that--
(A) are on any list maintained by the Federal
Government by which entities are identified as limited
or prohibited from engaging in economic transactions as
part of United States sanctions or export control
regimes; or
(B) have been identified by the Federal Government
as national security, intelligence, or law enforcement
risks.
SEC. 8. SEVERABILITY.
If any provision of this Act, or the application of such a
provision to any person or circumstance, is held to be
unconstitutional, the remaining provisions of this Act, and the
application of such provisions to any person or circumstance shall not
be affected thereby.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect on the date that is 180 days after the
date of enactment of this Act.
Calendar No. 275
117th CONGRESS
2d Session
S. 2710
_______________________________________________________________________
|
Open App Markets Act
|
A bill to promote competition and reduce gatekeeper power in the app economy, increase choice, improve quality, and reduce costs for consumers.
|
Open App Markets Act
Open App Markets Act
|
Sen. Blumenthal, Richard
|
D
|
CT
|
11,333
| 9,480
|
H.R.9690
|
Transportation and Public Works
|
Blocked Rail Crossings Safety Improvement Act of 2021
This bill addresses safety and congestion along railroad right-of-way and highway-rail grade crossings.
For example, the bill directs the Department of Transportation (DOT) to provide grants to (1) assist state, local, and tribal governments in funding the cost of highway-rail grade crossing separation projects; and (2) help nonprofit organizations carry out public information and education programs to help prevent and reduce rail-related pedestrian, motor vehicle, and other incidents, injuries, and fatalities, and to improve awareness along railroad right-of-way and at highway-rail grade crossings.
Additionally, the bill prohibits railroad carriers from obstructing travel at public highway-rail crossings for more than 10 minutes, except under limited circumstances (e.g., safety issues).
Further, DOT must (1) establish a national blocked crossings database for the public to report blocked crossing incidents; (2) conduct a comprehensive review of the national highway-rail crossing inventory; and (3) revise its regulations, guidance, or other relevant agency documents to include the number of suicides on a railroad crossing or railroad right-of-way in the total number of rail fatalities it reports each year.
|
To amend title 49, United States Code, to provide for highway-rail
grade crossing separation grants, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blocked Rail Crossings Safety
Improvement Act of 2021''.
SEC. 2. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 22911. Highway-rail grade crossing separation grants
``(a) General Authority.--The Secretary of Transportation shall
make grants under this section to eligible entities to assist in
funding the cost of highway-rail grade crossing separation projects.
``(b) Application Requirements.--To be eligible for a grant under
this section, an eligible entity shall submit to the Secretary an
application in such form, in such manner, and containing such
information as the Secretary may require, including--
``(1) an agreement between the entity that owns or controls
the railroad right-of-way and the applicant addressing access
to the railroad right-of-way throughout the project; and
``(2) a cost-sharing agreement with the funding amounts
that the entity that owns or controls the railroad right-of-way
shall contribute to the project, which shall be not less than
10 percent of the total project cost.
``(c) Eligible Projects.--The following projects are eligible to
receive a grant under this section:
``(1) Installation, repair, or improvement, including
necessary acquisition of real property interests, of highway-
rail grade crossing separations.
``(2) Highway-rail grade crossing elimination incidental to
eligible grade crossing separation projects.
``(3) Project planning, development, and environmental work
related to a project described in paragraph (1) or (2).
``(d) Project Selection Criteria.--In awarding grants under this
section, the Secretary--
``(1) shall give priority to projects that maximize the
safety benefits of Federal funding; and
``(2) may evaluate applications on the safety profile of
the existing crossing, 10-year history of accidents at such
crossing, inclusion of the proposed project on a State highway-
rail grade crossing action plan, average daily vehicle traffic,
total number of trains per day, average daily number of
crossing closures, the challenges of grade crossings located
near international borders, proximity to established emergency
evacuation routes, and proximity of community resources,
including schools, hospitals, fire stations, police stations,
and emergency medical service facilities.
``(e) Federal Share of Total Project Costs.--
``(1) Total project costs.--The Secretary shall estimate
the total costs of a project under this section based on the
best available information, including any available engineering
studies, studies of economic feasibility, environmental
analysis, and information on the expected use of equipment or
facilities.
``(2) Federal share.--The Federal share for a project
carried out under this section shall not exceed 85 percent.
``(f) Grant Conditions.--An eligible entity may not receive a grant
for a project under this section unless such project complies with
section 22905.
``(g) Letters of Intent.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a recipient of
a grant under this section that--
``(A) announces an intention to obligate for a
project an amount that is not more than the amount
stipulated as the financial participation of the
Secretary for the project; and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal
Government; and
``(ii) is subject to the availability of
appropriations for grants under this section
and subject to Federal laws in force or enacted
after the date of the contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 3 days before
issuing a letter of intent under paragraph (1), the
Secretary shall submit written notification to--
``(i) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(ii) the Committee on Appropriations of
the House of Representatives;
``(iii) the Committee on Appropriations of
the Senate; and
``(iv) the Committee on Commerce, Science,
and Transportation of the Senate.
``(B) Contents.--The notification submitted under
subparagraph (A) shall include--
``(i) a copy of the letter of intent;
``(ii) the criteria used under subsection
(d) for selecting the project for a grant; and
``(iii) a description of how the project
meets such criteria.
``(h) Appropriations Required.--An obligation or contingent
commitment may be made under subsection (g) only after amounts are
appropriated for such purpose.
``(i) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a public agency or publicly chartered
authority;
``(C) a metropolitan planning organization;
``(D) a political subdivision of a State; and
``(E) a Tribal government.
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' has the meaning given such
term in section 134(b) of title 23.
``(3) State.--The term `State' means a State of the United
States or the District of Columbia.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is amended by adding at the end the following:
``22911. Highway-rail grade crossing separation grants.''.
SEC. 3. RAIL SAFETY PUBLIC AWARENESS GRANT.
Section 22907 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(m) Rail Safety Public Awareness Grants.--
``(1) Grant.--Of the amounts made available to carry out
this section, the Secretary shall make grants to nonprofit
organizations to carry out public information and education
programs to help prevent and reduce rail-related pedestrian,
motor vehicle, and other incidents, injuries, and fatalities,
and to improve awareness along railroad right-of-way and at
highway-rail grade crossings.
``(2) Selection.--Programs eligible for a grant under this
subsection--
``(A) shall include, as appropriate--
``(i) development, placement, and
dissemination of public service announcements
in appropriate media;
``(ii) school presentations, driver and
pedestrian safety education, materials, and
public awareness campaigns; and
``(iii) disseminating information to the
public on how to identify and report to the
appropriate authorities--
``(I) unsafe or malfunctioning
highway-rail grade crossings and
equipment; and
``(II) high-risk and unsafe
behavior and trespassing around
railroad right-of-way; and
``(B) may include targeted and sustained outreach
in communities at greatest risk to develop measures to
reduce such risk.
``(3) Coordination.--Eligible entities shall coordinate
program activities with local communities, law enforcement and
emergency responders, and railroad carriers, as appropriate,
and ensure consistency with State highway-rail grade crossing
action plans required under section 11401(b) of the FAST Act
(49 U.S.C. 22501 note) and the report titled `National Strategy
to Prevent Trespassing on Railroad Property' issued by the
Federal Railroad Administration in October 2018.
``(4) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications for programs that--
``(A) are nationally recognized;
``(B) are targeted at schools in close proximity to
railroad right-of-way;
``(C) partner with nearby railroad carriers; or
``(D) focus on communities with a recorded history
of repeated pedestrian and motor vehicle accidents,
incidents, injuries, and fatalities at highway-rail
grade crossings and along railroad right-of-way.
``(5) Applicability.--Section 22905 shall not apply to
contracts and agreements made under this subsection.''.
SEC. 4. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC
HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 20172. Time limit for blocking public highway-rail grade
crossing
``(a) Time Limit.--A railroad carrier may not cause a blocked
crossing incident that is longer than 10 minutes in duration, unless
the blocked crossing incident is caused by--
``(1) a casualty or serious injury;
``(2) an accident;
``(3) a track obstruction;
``(4) actions necessary to comply with Federal rail safety
laws, regulations, or orders issued thereunder unless the
action to comply could reasonably occur at a different time or
location;
``(5) actions necessary to adhere to section 24308;
``(6) a train fully contained within rail yard limits or
fully contained in a rail siding;
``(7) an act of God; or
``(8) a derailment or a safety appliance equipment failure
that prevents the train from advancing.
``(b) Investigation of Frequently Blocked Crossings.--For any
public highway-rail grade crossing that has had 3 or more blocked
crossing incidents that exceed the time limit set forth in subsection
(a) and are reported to the blocked crossing database, and such
incidents have occurred on at least 3 calendar days within a 30-day
period, the Secretary shall--
``(1) provide an electronic notice of the number of
reported blocked crossing incidents to the railroad carrier
that owns the public highway-rail grade crossing;
``(2) investigate the causes of the blocked crossing
incidents; and
``(3) investigate possible measures to reduce the frequency
and duration of blocked crossing incidents at such grade
crossing.
``(c) Recordkeeping.--
``(1) In general.--A railroad carrier shall, upon receiving
a notice under subsection (b), maintain train location data
records for the public highway-rail grade crossing that was the
subject of the notice.
``(2) Contents of records.--The train location data records
required under paragraph (1) shall include--
``(A) a list of all blocked crossing incidents at
the public highway-rail grade crossing that is the
subject of the report exceeding 10 minutes;
``(B) the cause of the blocked crossing incident
(to the extent available);
``(C) train length; and
``(D) the estimated duration of each blocked
crossing incident.
``(3) Consultation.--Beginning on the date on which a
railroad carrier receives a notice under subsection (b), the
Secretary may consult with the carrier for a period of 60 days
to address concerns with blocked crossing incidents at the
public highway-rail grade crossing that is the subject of the
notice.
``(4) Expiration of data collection.--The requirement to
maintain records under paragraph (1) shall cease with respect
to a public highway-rail grade crossing noticed under
subsection (b)(2) if there are no reports submitted to the
blocked crossing database for blocked crossing incidents
reported to occur at such grade crossing during the previous
365 consecutive calendar days.
``(d) Civil Penalties.--
``(1) In general.--The Secretary may issue civil penalties
in accordance with section 21301 to railroad carriers for
violations of subsection (a) occurring 60 days after the date
of submission of a notice under subsection (b).
``(2) Release of records.--Upon the request of, and under
requirements set by, the Secretary, railroad carriers shall
provide the records maintained pursuant to subsection (c)(1) to
the Administrator of the Federal Railroad Administration.
``(3) Alternate route exemption.--Civil penalties may not
be issued for violations of subsection (a) that occur at a
public highway-rail grade crossing if an alternate route
created by a public highway-rail grade separation exists within
a half mile by road mileage of such public highway-rail grade
crossing.
``(4) Grade separation project.--Civil penalties may not be
issued for violations of subsection (a) if the violation occurs
at a public highway-rail grade crossing for which there is a
proposed grade separation project--
``(A) that has received written agreement from the
relevant local authorities; and
``(B) for which railroad carrier and project
funding from all parties has been budgeted.
``(5) Considerations.--In determining civil penalties under
this section, the Secretary shall consider increased penalties
in a case in which a pattern of the blocked crossing incidents
continue to cause delays to State or local emergency services.
``(e) Application to Amtrak and Commuter Railroads.--This section
shall not apply to Amtrak or commuter authorities, including Amtrak and
commuter authorities' operations run or dispatched by a Class I
railroad.
``(f) Definitions.--In this section:
``(1) Blocked crossing database.--The term `blocked
crossing database' means the national blocked crossing database
established under section 20174.
``(2) Blocked crossing incident.--The term `blocked
crossing incident' means a circumstance in which a train,
locomotive, rail car, or other rail equipment is stopped in a
manner that obstructs travel at a public highway-rail grade
crossing.
``(3) Public highway-rail grade crossing.--The term `public
highway-rail grade crossing' means a location within a State in
which a public highway, road, or street, including associated
sidewalks and pathways, crosses 1 or more railroad tracks at
grade.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is further amended by adding at
the end the following new item:
``20172. Time limit for blocking public highway-rail grade crossing.''.
SEC. 5. NATIONAL BLOCKED CROSSING DATABASE.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 20173. National blocked crossing database
``(a) Database.--Not later than 45 days after the date of enactment
of this section, the Secretary of Transportation shall establish a
national blocked crossings database for the public to report blocked
crossing incidents.
``(b) Public Awareness.--Not later than 60 days after the date of
enactment of this section, the Secretary shall require each railroad
carrier to publish the active link to report blocked crossing incidents
on the website of the national blocked crossings database described in
subsection (a) on the home page of the publicly available website of
the railroad carrier.
``(c) Blocked Crossing Incident; Public Highway-Rail Grade
Crossing.--In this section, the terms `blocked crossing incident' and
`public highway-rail grade crossing' have the meanings given the terms
in section 20173.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is further amended by adding at
the end the following new item:
``20173. National blocked crossing database.''.
SEC. 6. RAILROAD POINT OF CONTACT FOR BLOCKED CROSSING MATTERS.
Section 20152 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C) by striking ``or''
at the end;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting the following after
subparagraph (C):
``(D) blocked crossing incident, as defined in
section 20173; or'';
(B) in paragraph (4)--
(i) by striking ``paragraph (1)(C) or (D)''
and inserting ``subparagraph (C), (D), or (E)
of paragraph (1)''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (5) by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(6) upon receiving a report of a blocked crossing
pursuant to paragraph (1)(D), the railroad carrier shall,
within 14 days of receipt of the report--
``(A) verify that the public highway-rail grade
crossing, as defined in section 20173, was blocked for
a period of at least 10 minutes; and
``(B) upon positive verification of the report,
enter the report into the national blocked crossings
database established in section 20174; and
``(7) promptly inform the Secretary of any update to the
number maintained under paragraph (1).''; and
(2) by adding at the end the following:
``(c) Publication of Telephone Numbers.--The Secretary shall make
any telephone number established under subsection (a) publicly
available on the website of the Department of Transportation.''.
SEC. 7. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall expend
such sums as are necessary to conduct a comprehensive review of the
national highway-rail crossing inventory of the Department of
Transportation established under section 20160 of title 49, United
States Code.
(b) Contents.--In conducting the review required under subsection
(a), the Secretary shall--
(1) verify the accuracy of the geographical location data
contained in the inventory described in subsection (a) using
mapping technologies and other methods; and
(2) notify the relevant railroad and State agencies of the
erroneous data in the inventory and require such entities to
correct the erroneous data within 30 days of notification.
(c) State Reports.--The Secretary shall require State agencies to
ensure that any geographic data contained in the inventory described in
subsection (a) remains consistent with any geographic data identified
in biennial State reports required under section 130 of title 23,
United States Code.
(d) Report.--Not later than 120 days after the completion of the
review required under subsection (a), the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report summarizing the corrections made
to the inventory described in subsection (a) and the Secretary's plans
to ensure continued accuracy of such inventory.
SEC. 8. RAILROAD TRESPASSING ENFORCEMENT GRANTS.
Section 22907 of title 49, United States Code, is further amended
by adding at the end the following:
``(n) Railroad Trespassing Enforcement Grants.--
``(1) In general.--Of the amounts made available under this
section, the Secretary may make grants to public law
enforcement agencies engaged in, or seeking to engage in,
suicide prevention efforts along railroad right-of-way to pay
wages of law enforcement personnel to patrol railroad right-of-
way located in communities at risk for rail trespassing
incidents and fatalities.
``(2) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications from entities that have jurisdiction within the
boundaries of the 10 States with the highest incidence of rail
trespass related casualties as reported in the previous fiscal
year, as reported by the National Rail Accident Incident
Reporting System.
``(3) Limitation.--The Secretary shall not award more than
3 annual grants under this subsection to the same entity.''.
SEC. 9. RAILROAD TRESPASSING SUICIDE PREVENTION GRANTS.
Section 22907 of title 49, United States Code, is further amended
by adding at the end the following:
``(o) Railroad Trespassing Suicide Grants.--
``(1) In general.--Of the amounts made available to carry
out this section, the Secretary may make grants to eligible
entities to implement a public outreach campaign to reduce the
number of railroad suicides.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' means a nonprofit mental health organization
engaged in, or seeking to engage in, suicide prevention efforts
along railroad right-of-way in partnership with a railroad
carrier, as defined in section 20102.''.
SEC. 10. INCLUDING RAILROAD SUICIDES.
(a) In General.--Not less than 180 days after the enactment of this
Act, the Secretary of Transportation shall revise any regulations,
guidance, or other relevant agency documents to include the number of
suicides on a railroad crossing or railroad right-of-way in the total
number of rail fatalities the Secretary reports each year.
(b) Authority of the Secretary.--In carrying out subsection (a),
the Secretary may require Federal, State, and local agencies,
railroads, or other entities to submit such data as necessary.
(c) Applicability of Rulemaking Requirements.--The requirements of
section 553 of title 5, United States Code, shall not apply to the
modification required by subsection (a).
SEC. 11. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Railroad Administration shall--
(1) submit to Congress a report on any supplementary safety
measures and alternative safety measures not contained in part
222 of title 49, Code of Federal Regulations, that can be used
to qualify for a Quiet Zone or Partial Quiet Zone; and
(2) include in the report submitted under paragraph (1)--
(A) a summary of the supplementary safety measures
and alternative safety measures for which a public
authority has requested approval from the Administrator
to implement; and
(B) an explanation for why such requests were not
granted.
<all>
|
Blocked Rail Crossings Safety Improvement Act of 2021
|
To amend title 49, United States Code, to provide for highway-rail grade crossing separation grants, and for other purposes.
|
Blocked Rail Crossings Safety Improvement Act of 2021
|
Rep. Carson, Andre
|
D
|
IN
|
11,334
| 12,576
|
H.R.87
|
Crime and Law Enforcement
|
Jurists United to Stop Trafficking Imitation Child Exploitation Act of 2021 or the JUSTICE Act of 2021
This bill broadens the prohibition on importation or transportation of obscene materials.
Specifically, the bill makes it a crime to import, or knowingly use a common carrier or interactive computer service to transport, a child sex doll.
|
To amend title 18, United States Code, to prohibit the importation or
transportation of child sex dolls, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jurists United to Stop Trafficking
Imitation Child Exploitation Act of 2021'' or the ``JUSTICE Act of
2021''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) There is a correlation between possession of the
obscene dolls, and robots, and possession of and participation
in child pornography.
(2) The physical features, and potentially the
``personalities'' of the robots are customizable or morphable
and can resemble actual children.
(3) Some owners and makers of the robots have made their
children interact with the robots as if the robots are members
of the family.
(4) The robots can have settings that simulate rape.
(5) The dolls and robots not only lead to rape, but they
make rape easier by teaching the rapist about how to overcome
resistance and subdue the victim.
(6) For users and children exposed to their use, the dolls
and robots normalize submissiveness and normalize sex between
adults and minors.
(7) As the Supreme Court has recognized, obscene material
is often used as part of a method of seducing child victims.
(8) The dolls and robots are intrinsically related to abuse
of minors, and they cause the exploitation, objectification,
abuse, and rape of minors.
SEC. 3. PROHIBITION OF IMPORTATION OR TRANSPORTATION OF CHILD SEX
DOLLS.
Section 1462 of title 18, United States Code, is amended--
(1) in paragraph (a), by striking ``or'' at the end;
(2) in paragraph (b), by striking ``or'' at the end;
(3) by inserting after paragraph (c) the following:
``(d) any child sex doll; or''; and
(4) by adding at the end the following:
``In this section, the term `child sex doll' means an anatomically
correct doll, mannequin, or robot, with the features of, or with
features that resemble those of, a minor, intended for use in sexual
acts.''.
<all>
|
JUSTICE Act of 2021
|
To amend title 18, United States Code, to prohibit the importation or transportation of child sex dolls, and for other purposes.
|
JUSTICE Act of 2021
Jurists United to Stop Trafficking Imitation Child Exploitation Act of 2021
|
Rep. Duncan, Jeff
|
R
|
SC
|
11,335
| 4,825
|
S.3807
|
Transportation and Public Works
|
Stopping Hindrances to Invigorate Ports and Increase Trade Act or the SHIP IT Act
This bill temporarily waives various requirements and makes other changes to address congestion at U.S. ports.
For example, the Federal Motor Carrier Safety Administration must waive the hours of service limits (i.e., the number of hours a driver may operate a truck or motor carrier in a set period of time) and minimum age requirements that apply to commercial driver's licenses for individuals transporting cargo directly to or from a U.S. port.
Additionally, the Coast Guard may temporarily allow foreign-built, -owned, and -crewed vessels to transport cargo between U.S. ports and engage in certain ship-to-ship transfers of cargo. Current coastwise law, commonly known as the Jones Act, generally requires that vessels transporting cargo domestically be U.S.-built, -owned, and -crewed.
The Department of Defense must (1) inventory its intermodal equipment (e.g., trailers and chassis used to transport shipping containers) to identify equipment available for loan to trucking companies to relieve congestion at U.S. ports, and (2) establish a process to allow trucking companies to request the loan of such equipment.
The Maritime Administration and the Federal Maritime Commission must jointly convene a meeting to discuss the long-term feasibility of, and strategies for, using land or property under the jurisdiction of U.S. inland ports for the storage and transfer of cargo containers.
The Government Accountability Office must submit to Congress a report describing the adoption of technology at U.S. ports as compared to foreign ports.
|
To address the supply chain backlog in the freight network at United
States ports, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Hindrances to Invigorate
Ports and Increase Trade Act'' or the ``SHIP IT Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the unprecedented supply chain
backlog in the freight network of the United States is a national
crisis that warrants congressional authorization of short-term Federal
emergency actions to ameliorate that crisis.
SEC. 3. ADDRESSING SUPPLY CHAIN CRISIS IN UNITED STATES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Motor Carrier Safety
Administration.
(2) Commercial motor vehicle; driver; motor carrier.--The
terms ``commercial motor vehicle'', ``driver'', and ``motor
carrier'' have the meanings given those terms in section 390.5
of title 49, Code of Federal Regulations (or a successor
regulation).
(3) Direct assistance to a united states port.--
(A) In general.--The term ``direct assistance to a
United States port'' means the transportation of cargo
directly to or from a United States port.
(B) Exclusions.--The term ``direct assistance to a
United States port'' does not include--
(i) the transportation of a mixed load of
cargo that includes--
(I) cargo that does not originate
from a United States port; or
(II) a container or cargo that is
not bound for a United States port;
(ii) any period during which a motor
carrier or driver is operating in interstate
commerce to transport cargo or provide services
not in support of transportation to or from a
United States port; or
(iii) the period after a motor carrier
dispatches the applicable driver or commercial
motor vehicle of the motor carrier to another
location to begin operation in interstate
commerce in a manner that is not in support of
transportation to or from a United States port.
(4) Qualified applicant.--The term ``qualified applicant''
means a person that--
(A) submits to the appropriate official an
application for a waiver under this section; and
(B) in the determination of that official, is
eligible, in accordance with this section, to receive
the waiver.
(5) Temporary waiver.--The term ``temporary waiver'' means
a waiver that expires on the date that is 1 year after the date
of enactment of this Act.
(b) FMCSA Temporary Waivers.--
(1) Temporary waiver of certain requirements.--
(A) In general.--Not later than 7 days after the
date of enactment of this Act, the Administrator shall
issue to each qualified applicant a temporary waiver
that, subject to paragraph (3), waives the requirements
of parts 390 through 399 of title 49, Code of Federal
Regulations (or successor regulations), with respect to
commercial motor vehicle operations that are providing
direct assistance to a United States port.
(B) Eligibility.--An applicant is eligible for a
temporary waiver under subparagraph (A) if the
applicant is a motor carrier or driver that provides
direct assistance to a United States port.
(2) Temporary waiver of minimum age requirement.--
(A) In general.--Not later than 2 days after the
date of enactment of this Act, the Administrator shall
issue to each qualified applicant a temporary waiver
from the requirement of section 391.11(b)(1) of title
49, Code of Federal Regulations (or a successor
regulation), for drivers that are at least 18 years
old, subject to paragraph (3).
(B) Eligibility.--An applicant is eligible for a
temporary waiver under subparagraph (A) if the
applicant--
(i) is providing direct assistance to a
United States port; or
(ii) is directly assuming the commercial
motor vehicle operations of a driver who has
been rerouted to a United States port to
provide direct assistance to a United States
port.
(3) Requirements.--A temporary waiver under paragraph (1)
or (2) shall not exempt any motor carrier or driver from--
(A) the hazardous materials regulations described
in subchapters A through C of chapter I of subtitle B
of title 49, Code of Federal Regulations (or successor
regulations);
(B) the controlled substances and alcohol use and
testing requirements described in part 382 of that
title (or successor regulations);
(C) except as provided in paragraph (2), the
commercial driver's license requirements described in
part 383 of that title (or successor regulations);
(D) the financial responsibility (including
insurance) requirements described in part 387 of that
title (or successor regulations);
(E) the requirement that every commercial motor
vehicle shall be operated in accordance with the laws,
ordinances, and regulations of the jurisdiction in
which the commercial motor vehicle is being operated,
including any applicable speed limits and other traffic
restrictions, as described in the first sentence of
section 392.2 of that title (or a successor
regulation);
(F) the prohibition against operating a commercial
motor vehicle while the ability of the driver is so
impaired, or so likely to become impaired, through
fatigue, illness, or any other cause as to make it
unsafe for the driver to begin or continue to operate
the commercial motor vehicle, as described in section
392.3 of that title (or a successor regulation);
(G) the prohibition against texting while driving
described in section 392.80 of that title (or a
successor regulation);
(H) the prohibition against using a hand-held
mobile telephone while driving described in section
392.82 of that title (or a successor regulation); or
(I) any applicable size or weight requirement.
(4) Driver fatigue and safety.--
(A) In general.--A motor carrier receiving a
temporary waiver under paragraph (1) or (2) shall not
allow or require a fatigued driver to operate a
commercial motor vehicle.
(B) Requirement.--For the period during which a
temporary waiver under paragraph (1) or (2) is in
effect, a motor carrier described in subparagraph (A)
that receives from a driver notification that the
driver is in need of immediate rest shall immediately
provide the driver with not less than 10 consecutive
hours of off-duty time before the driver is required to
return to service.
(c) Transportation Worker Identification Credentials.--The
Administrator of the Transportation Security Administration and the
Commandant of the Coast Guard shall jointly prioritize and expedite the
consideration of applications for a Transportation Worker
Identification Credential with respect to applicants, including
commercial drivers operating under a temporary waiver issued under
subsection (b)(2), that reasonably demonstrate that the purpose of the
Transportation Worker Identification Credential is for providing,
within the interior of the United States, direct assistance to a United
States port.
(d) Temporary Waiver of Jones Act Requirements for Certain Vessels
Transporting Cargo.--
(1) Authority.--
(A) Certificate of coastwise endorsement.--
Notwithstanding section 12112 of title 46, United
States Code, and any other requirement under chapter
121 of that title, the Secretary of the department in
which the Coast Guard is operating (referred to in this
subsection as the ``Secretary'') may issue a
certificate of documentation with a coastwise
endorsement under that chapter in accordance with this
subsection for a vessel, without regard to whether the
vessel meets the requirements of section 12112 of that
title, in any case in which the person requesting the
certificate reasonably demonstrates the endorsement (or
the resulting exemption under subparagraph (B)) is for
the purpose of--
(i) transporting cargo from a United States
port to another United States port in order to
relieve any congestion, backlog, or delay at
such a port; or
(ii) engaging in operations that entail a
ship-to-ship transfer of cargo from a vessel
anchored or located off the coast of the United
States to another vessel that transports the
cargo to a United States port (commonly known
as ``lightering operations'').
(B) Exemption of additional requirements.--
Notwithstanding section 55102 of title 46, United
States Code, during the period beginning on the date of
enactment of this Act and ending on the expiration date
described in paragraph (3), that section shall not
apply to any vessel that has been issued a certificate
of documentation with a coastwise endorsement under
subparagraph (A).
(2) Timing.--
(A) In general.--Not later than 48 hours after
receiving a request for a certificate of documentation
with a coastwise endorsement under paragraph (1)(A),
the Secretary shall, as applicable--
(i) issue the certificate with the
endorsement; or
(ii)(I) provide to the person requesting
the certificate a detailed description of the
reasons for denying the certificate; and
(II) publish the denial and description of
reasons on the website of the department in
which the Coast Guard is operating.
(B) Automatic issuance.--In any case in which the
Secretary fails to comply with subparagraph (A), a
certificate of documentation with a coastwise
endorsement for the applicable vessel shall be deemed
to be issued under paragraph (1)(A).
(3) Expiration.--The authority under this subsection,
including any certificate of coastwise endorsement authorized
under this section, shall expire on the date that is 1 year
after the date of enactment of this Act.
(e) Container Overflow Storage.--
(1) In general.--Not later than 14 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Secretary of Defense, the Secretary of the Interior, the
Secretary of Transportation, and the Administrator of General
Services shall jointly consult with representatives of ocean
carriers, ports, railroads, and trucking companies--
(A) to identify plots of Federal land under the
jurisdiction of the Secretary of Agriculture, the
Secretary of Defense, the Secretary of the Interior,
the Secretary of Transportation, or the Administrator
of General Services that--
(i) are located within a 150 air-mile
radius of a United States port; and
(ii) could temporarily be used as an
overflow area for the storage and transfer of
empty cargo containers in order to ease the
congestion and backlog at United States ports;
and
(B) to designate not fewer than 2 plots of Federal
land identified under subparagraph (A) for the use
described in clause (ii) of that subparagraph, subject
to the conditions that--
(i) each specific plot so designated shall
be not more than 500 acres;
(ii) the stacking of containers shall be
permitted at each specific plot so designated
for a period of not more than 1 year beginning
on the date on which the designation of the
plot is published in the Federal Register under
paragraph (2); and
(iii) containers shall not be stacked more
than 6 high at any plot so designated.
(2) Publication in federal register.--Each designation of a
plot of Federal land under paragraph (1)(B) shall be published
in the Federal Register.
(3) Categorical exclusion.--The designation of a plot of
Federal land under paragraph (1)(B) shall be categorically
excluded from the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the
condition that, prior to the designation of the plot, the
applicable official described in paragraph (1)(A) having
jurisdiction over the plot shall--
(A) carefully consider the circumstances of the
designation; and
(B) determine that no extraordinary circumstances
warranting the preparation of an environmental
assessment or an environmental impact statement exist.
(4) Treatment.--A plot of Federal land designated under
paragraph (1)(B) shall not, based on that designation, be
considered to be a facility (as defined in section 70101 of
title 46, United States Code) or a security zone (as defined in
section 70131 of that title) for purposes of--
(A) chapter 701 of subtitle VII of that title; or
(B) the Maritime Transportation Security Act of
2002 (Public Law 107-295; 116 Stat. 2064) and the
amendments made by that Act.
(f) Loan of DOD Intermodal Equipment.--
(1) Definitions.--In this subsection:
(A) Intermodal equipment.--The term ``intermodal
equipment'' has the meaning given the term in section
390.5 of title 49, Code of Federal Regulations (or a
successor regulation).
(B) Secretary.--The term ``Secretary'' means the
Secretary of Defense.
(2) Inventory of intermodal equipment.--Not later than 14
days after the date of enactment of this Act, the Secretary
shall conduct an inventory of intermodal equipment that--
(A) is owned by the Department of Defense;
(B) is located within the United States; and
(C) could be made available for loan to 1 or more
trucking companies for the purposes of easing
congestion at United States ports.
(3) Loan of intermodal equipment.--
(A) Process.--Not later than 7 days after the date
on which the inventory under paragraph (2) is complete,
the Secretary shall create a process for a trucking
company to submit to the Secretary an application
requesting the use of intermodal equipment identified
in the inventory.
(B) Conditions.--A loan of intermodal equipment
under this subsection shall be subject to the
conditions that--
(i) the borrowing trucking company shall
agree to reimburse the Secretary for any damage
caused to the intermodal equipment during the
period of the loan;
(ii) the use of the intermodal equipment by
the trucking company shall be for a period not
longer than 180 days; and
(iii) the use of intermodal equipment by
the borrowing trucking company shall not affect
the national security of the United States.
(C) Fees.--
(i) In general.--Subject to clauses (ii)
and (iii), the Secretary may charge a
reasonable fee for a loan of intermodal
equipment under this subsection.
(ii) Consultation.--The Secretary may
charge a fee under clause (i) if the
Secretary--
(I) consults with the Secretary of
Agriculture, the Secretary of the
Interior, the Secretary of
Transportation, and the Administrator
of General Services; and
(II) determines that charging a fee
would be appropriate.
(iii) Amount.--The amount of a fee under
clause (i) shall be based on the market rate
for similar loans or rentals of intermodal
equipment or similar equipment as of January 1,
2020.
(iv) Deposit and use.--Any fee collected by
the Secretary under clause (i) shall be--
(I) deposited in the general fund
of the Treasury; and
(II) made available to the
Secretary, the Secretary of
Agriculture, the Secretary of the
Interior, the Secretary of
Transportation, and the Administrator
of General Services for remediation of
any Federal land designated under
subsection (e)(1)(B).
(v) Restrictions.--A fee collected under
clause (i) may not be used--
(I) until the designation of the
applicable plot of Federal land under
subsection (e)(1)(B) has expired; or
(II) for any purpose other than the
remediation of land designated under
subsection (e)(1)(B).
(4) Recall of intermodal equipment.--To protect the
national security of the United States, the Secretary may
recall any intermodal equipment loaned to a trucking company
under this subsection by issuing to the trucking company a
notice not later than 72 hours before the time at which the
intermodal equipment is required to be returned to the
Secretary.
SEC. 4. DUTY-FREE TREATMENT OF CHASSIS IMPORTED FROM COUNTRIES WITH
COLLECTIVE DEFENSE ARRANGEMENTS WITH UNITED STATES.
During the 2-year period beginning on the date of enactment of this
Act, a finished or unfinished chassis classified under statistical
reporting number 8716.39.0090, 8716.90.5010, or 8716.90.5060 of the
Harmonized Tariff Schedule of the United States and imported from a
country with which the United States has in effect a collective defense
arrangement as of such date of enactment shall enter the United States
free of duty.
SEC. 5. USE OF UNITED STATES INLAND PORTS FOR STORAGE AND TRANSFER OF
CARGO.
(a) Meeting.--Not later than 90 days after the date of enactment of
this Act, the Administrator of the Maritime Administration and the
Chairperson of the Federal Maritime Commission, acting jointly, shall
convene a meeting of representatives of entities described in
subsection (b) to discuss the long-term feasibility of, and strategies
for, using land or property under the jurisdiction of United States
inland ports for the storage and transfer of cargo containers.
(b) Description of Entities.--The entities referred to in
subsection (a) are--
(1) major gateway ports in the United States;
(2) ocean carriers;
(3) railroads;
(4) trucking companies; and
(5) United States inland port authorities.
SEC. 6. REPORT ON ADOPTION OF TECHNOLOGY AT UNITED STATES PORTS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report describing the adoption of technology at United States ports, as
compared to that adoption at foreign ports, including--
(1) the technological capabilities of United States ports,
including the use of automated technology, as compared to
foreign ports;
(2) an assessment of whether the adoption of automated
technology at United States ports could lower the costs of
cargo handling; and
(3) an assessment of regulatory and other barriers to the
adoption of automated technology at United States ports.
SEC. 7. ALLIED PARTNERSHIP AND PORT MODERNIZATION.
(a) Dredging.--Section 55109 of title 46, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``subsection (b)'' and inserting ``subsections
(b) and (c)'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Dredging by NATO-Affiliated Vessels.--
``(1) In general.--A vessel described in paragraph (2) may
engage in dredging in the navigable waters of the United
States.
``(2) Description of vessels.--A vessel referred to in
paragraph (1) is a vessel--
``(A) documented under the laws of a country that
is a member of the North Atlantic Treaty Organization;
``(B) built by--
``(i) a country that is a member of the
North Atlantic Treaty Organization; or
``(ii) a major non-NATO ally (as defined in
section 2350a(i) of title 10); and
``(C) a majority of the owners and operators of
which are entities incorporated in a country that is a
member of the North Atlantic Treaty Organization.''.
(b) Excluding Dredged Material From Transportation Requirements.--
(1) In general.--Section 55110 of title 46, United States
Code, is amended--
(A) in the section heading, by striking ``or
dredged material'' and inserting ``(excluding dredged
material)''; and
(B) by striking ``or dredged material'' and
inserting ``(excluding dredged material)''.
(2) Conforming amendment.--The analysis for chapter 551 of
title 46, United States Code, is amended by striking the item
relating to section 55110 and inserting the following:
``55110. Transportation of valueless material (excluding dredged
material).''.
<all>
|
SHIP IT Act
|
A bill to address the supply chain backlog in the freight network at United States ports, and for other purposes.
|
SHIP IT Act
Stopping Hindrances to Invigorate Ports and Increase Trade Act
|
Sen. Lee, Mike
|
R
|
UT
|
11,336
| 13,624
|
H.R.9334
|
Science, Technology, Communications
|
Quantum in Practice Act
This bill expands the National Quantum Initiative to specifically include quantum modeling and simulation.
|
To amend the National Quantum Initiative Act to make certain additions
relating to quantum modeling and simulation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quantum in Practice Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Quantum computing has the potential to spur
advancements in molecular modeling and simulation that will
benefit Americans.
(2) Quantum molecular simulations and modeling will enable
scientists to study chemical elements and reactions with
accuracy and speed that is far beyond the abilities of existing
supercomputers.
(3) Advances in molecular simulations and modeling would
give researchers tools that could lead to breakthroughs across
industries and sectors, including--
(A) modeling the nitrogen fixation process utilized
by bacteria, which could be used to develop synthetic
fertilizers without the high energy and material costs
of current methods, creating the next generation of
fertilizers;
(B) creating more effective medications and
reducing harmful interactions or side effects;
(C) developing new materials to increase energy
storage capacity and create more powerful battery
technologies;
(D) developing lighter, stronger metals;
(E) creating materials for more durable protective
gear for law enforcement and military; and
(F) developing new types of superconductors.
SEC. 3. QUANTUM MODELING AND SIMULATION.
(a) Definition of Quantum Information Science.--Section 2(6) of the
National Quantum Initiative Act (15 U.S.C. 8801(6)) is amended by
inserting ``modeling, simulation,'' after ``computing''.
(b) Quantum Information Science Research Program.--Section
401(b)(3) of such Act (15 U.S.C. 8851(b)(3)) is amended--
(1) in subparagraph (F), by striking ``and'';
(2) in subparagraph (G), by inserting ``and'' at the end;
and
(3) by adding at the end the following:
``(H) quantum molecular modeling or simulation;''.
<all>
|
Quantum in Practice Act
|
To amend the National Quantum Initiative Act to make certain additions relating to quantum modeling and simulation, and for other purposes.
|
Quantum in Practice Act
|
Rep. Feenstra, Randy
|
R
|
IA
|
11,337
| 5,699
|
H.R.1566
|
Native Americans
|
American Indian and Alaska Native Child Abuse Prevention and Treatment Act or the AI/AN CAPTA
This bill establishes additional resources to assist tribal communities with preventing and treating child abuse and neglect.
First, the bill requires the Government Accountability Office to report on child abuse and neglect in tribal communities for the purpose of making recommendations to Congress regarding these issues.
Additionally, the Department of Health and Human Services must include Indian tribes and tribal organizations in its equitable distribution of assistance for programs and projects related to child abuse prevention and treatment.
|
To amend the Child Abuse Prevention and Treatment Act to require that
equitable distribution of assistance include equitable distribution to
Indian tribes and tribal organizations and to increase amounts reserved
for allotment to Indian tribes and tribal organizations under certain
circumstances, and to provide for a Government Accountability Office
report on child abuse and neglect in American Indian tribal
communities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Indian and Alaska Native
Child Abuse Prevention and Treatment Act'' or the ``AI/AN CAPTA''.
SEC. 2. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CHILD ABUSE AND
NEGLECT IN INDIAN TRIBAL COMMUNITIES.
(a) In General.--The Comptroller General of the United States
(referred to in this section as the ``Comptroller General'') shall
conduct a study and issue a report on child abuse and neglect in Indian
Tribal communities for the purpose of identifying vital information and
making recommendations to the appropriate congressional committees
concerning issues relating to child abuse and neglect in such
communities.
(b) Consultation With Indian Tribes.--In carrying out this section,
the Comptroller General shall consult with Indian Tribes from each of
the 12 regions of the Bureau of Indian Affairs.
(c) Duties.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Health, Education, Labor, and Pensions and the Committee on Indian
Affairs of the Senate and the Committee on Education and Labor and the
Committee on Natural Resources of the House of Representatives a report
on--
(1) the number of Indian Tribes providing primary child
abuse and neglect prevention activities;
(2) the number of Indian tribes providing secondary child
abuse and neglect prevention activities;
(3) promising practices of Indian Tribes with respect to
child abuse and neglect prevention that are culturally based or
culturally adapted;
(4) information and recommendations on how such culturally
based or culturally adapted child abuse and neglect prevention
activities could become evidence based;
(5) the number of Indian Tribes that have accessed Federal
child abuse and neglect prevention programs;
(6) child abuse and neglect prevention activities that
Indian Tribes provide using State funds;
(7) child abuse and neglect prevention activities that
Indian tribes provide using Tribal funds;
(8) Tribal access to State children's trust fund resources;
(9) how the children's trust fund model could be used to
support prevention efforts regarding child abuse and neglect of
American Indian and Alaska Native children;
(10) Federal agency technical assistance efforts to address
child abuse and neglect prevention and treatment of American
Indian and Alaska Native children;
(11) Federal agency cross-system collaboration to address
child abuse and neglect prevention and treatment of American
Indian and Alaska Native children;
(12) Tribal access to child abuse and neglect prevention
research and demonstration grants under the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 et seq.);
(13) an examination of Federal child abuse and neglect data
systems to identify what Tribal data is being submitted and
barriers to submitting data; and
(14) an examination of Federal child abuse and neglect data
systems to identify recommendations on improving the collection
of data from Indian Tribes.
SEC. 3. OTHER AMENDMENTS.
(a) Geographical Distribution.--Section 108(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106d(b)) is amended by
inserting ``Indian tribes, and tribal organizations,'' after ``the
States,''.
(b) Allocation of Amounts.--Section 203 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116b) is amended--
(1) by striking ``section 210'' each place it appears and
inserting ``section 209''; and
(2) in subsection (a)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), the
Secretary''; and
(B) by adding at the end the following:
``(2) Allotment for increased appropriation years.--In any
fiscal year for which the amount appropriated under section 209
exceeds the amount appropriated under such section for fiscal
year 2020 by more than $1,000,000, the Secretary shall
reserve--
``(A) 5 percent of the amount appropriated for the
applicable fiscal year to make allotments to Indian
tribes and tribal organizations; and
``(B) 1 percent of the amount appropriated for the
applicable fiscal year to make allotments to migrant
programs.''.
<all>
|
AI/AN CAPTA
|
To amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian tribes and tribal organizations and to increase amounts reserved for allotment to Indian tribes and tribal organizations under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian tribal communities.
|
AI/AN CAPTA
American Indian and Alaska Native Child Abuse Prevention and Treatment Act
|
Rep. Grijalva, Raúl M.
|
D
|
AZ
|
11,338
| 11,563
|
H.R.7858
|
Science, Technology, Communications
|
Digital Platform Commission Act of 2022
This bill establishes a commission to regulate digital platforms. These are online services that facilitate interactions between users and between users and entities (including online services) that offer goods and services.
The bill provides the commission with rulemaking, investigative, and related authorities to regulate access to, competition among, and consumer protections for digital platforms. The bill also provides for administrative and judicial enforcement of the regulations.
The commission must establish a council of technical experts, representatives of digital platforms, and other experts (e.g., representatives of nonprofit public interest groups and academics) to recommend standards for algorithmic processes and other policies.
Additionally, the commission may designate systemically important digital platforms. The bill includes criteria for the commission to use when designating a platform as systemically important (e.g., whether its operations have significant nationwide economic, social, or political impacts).
The President must appoint an independent panel to evaluate the commission after five years and recommend whether to extend the commission.
|
To establish a new Federal body to provide reasonable oversight and
regulation of digital platforms.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Digital Platform
Commission Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress.
Sec. 3. Definitions.
Sec. 4. Establishment of Federal Digital Platform Commission.
Sec. 5. Jurisdiction.
Sec. 6. Organization and general powers.
Sec. 7. Organization and functioning of the Commission.
Sec. 8. Code Council.
Sec. 9. Rulemaking authority, requirements, and considerations.
Sec. 10. Systemically important digital platforms.
Sec. 11. Merger review.
Sec. 12. Petitions.
Sec. 13. Research.
Sec. 14. Investigative authority.
Sec. 15. Enforcement by private persons and governmental entities.
Sec. 16. Proceedings to enjoin, set aside, annul, or suspend orders of
the Commission.
Sec. 17. Report to Congress.
Sec. 18. Authorization of appropriations.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) In the United States and around the world, digital
platforms and online services play a central role in modern
life by providing new tools for communication, commerce,
entrepreneurship, and debate.
(2) The United States takes pride in the success of its
technology sector, which leads the world in innovation and
dynamism, provides valuable services to the people of the
United States, and supports thousands of good-paying jobs in
the United States.
(3) In recent years, a few digital platforms have
benefitted from the combination of economies of scale, network
effects, and unique characteristics of the digital marketplace
to achieve vast power over the economy, society, and democracy
of the United States.
(4) The last time Congress enacted legislation to
meaningfully regulate the technology or telecommunications
sector was the Telecommunications Act of 1996 (Public Law 104-
104; 110 Stat 56.), years before many of today's largest
digital platforms even existed.
(5) Digital platforms remain largely unregulated and are
left to write their own rules without meaningful democratic
input or accountability.
(6) The unregulated policies and operations of some of the
most powerful digital platforms have at times produced
demonstrable harm, including--
(A) undercutting small businesses;
(B) abetting the collapse of trusted local
journalism;
(C) enabling addiction and other harms to the
mental health of the people of the United States,
especially minors;
(D) disseminating disinformation and hate speech;
(E) undermining privacy and monetizing the personal
data of individuals in the United States without their
informed consent; and
(F) in some cases, radicalizing individuals to
violence.
(7) The failure of the United States Government to
establish appropriate regulations for digital platforms cedes
to foreign competitors the historic role played by the United
States in setting reasonable rules of the road and technical
standards for emerging technologies.
(8) Throughout the history of the United States, Congress
has often responded to the emergence of powerful and complex
new sectors of the economy by empowering sector-specific expert
Federal regulators.
(9) Throughout the history of the United States, the
Federal Government has established reasonable regulation,
consistent with the First Amendment to the Constitution of the
United States, to promote a diversity of viewpoints, support
civic engagement, and preserve the right of citizens to
communicate with each other, which is foundational to self-
governance.
(10) The unique power and complexity of several digital
platforms, combined with the absence of modern Federal
regulations, reinforces the need for a new Federal body
equipped with the authorities, tools, and expertise to regulate
digital platforms to ensure their operations remain consistent,
where appropriate, with the public interest.
(b) Sense of Congress.--It is the sense of Congress that the
Federal agency established under this Act should--
(1) develop appropriate regulations and policies grounded
in the common law principles of the duty of care and the duty
to deal, insofar as those principles are relevant and
practical; and
(2) adopt, where relevant and practical, a risk management
regulatory approach that prioritizes anticipating, limiting,
and balancing against other interests the broad economic,
societal, and political risks of harm posed by the activities
and operations of a person or class of persons.
SEC. 3. DEFINITIONS.
In this Act:
(1) Algorithmic process.--The term ``algorithmic process''
means a computational process, including one derived from
machine learning or other artificial intelligence techniques,
that processes personal information or other data for the
purpose of determining the order or manner in which a set of
information is provided, recommended to, or withheld from a
user of a digital platform, including--
(A) the provision of commercial content;
(B) the display of social media posts;
(C) the display of search results or rankings; or
(D) any other method of automated decision making,
content selection, or content amplification.
(2) Commission.--The term ``Commission'' means the Federal
Digital Platform Commission established under section 4.
(3) Council.--The term ``Council'' means the Code Council
established under section 8(a).
(4) Digital platform.--
(A) In general.--The term ``digital platform''
means an online service that serves as an intermediary
facilitating interactions--
(i) between users; and
(ii) between users and--
(I) entities offering goods and
services through the online service; or
(II) the online service with
respect to goods and services offered
directly by the online service.
(B) De minimis exception.--
(i) In general.--Notwithstanding
subparagraph (A)(ii)(II), the term ``digital
platform'' does not include an entity that
offers goods and services to the public online
if the offering of goods and services online is
a de minimis part of the entity's overall
business.
(ii) Online services that do not qualify
for de minimis exception.--Notwithstanding
clause (i), if an online service described in
subparagraph (A)(ii)(II) is owned by an entity
but is offered through an affiliate,
partnership, or joint venture of, or is
otherwise segregable from, the entity--
(I) the online service shall be
considered a digital platform; and
(II) the entity shall not be
considered a digital platform.
(C) Small digital platform businesses.--
(i) In general.--The term ``digital
platform'' does not include a small digital
platform business, except as provided in clause
(iii).
(ii) SBA rulemaking.--Not later than 180
days after the date of enactment of this Act,
the Administrator of the Small Business
Administration shall by regulation define the
term ``small digital platform business'' for
purposes of clause (i).
(iii) Non-applicability to systemically
important digital platforms.--Clause (i) shall
not apply to a systemically important digital
platform.
(D) News organizations.--The term ``digital
platform'' does not include an entity whose primary
purpose is the delivery to the public of news that the
entity writes, edits, and reports.
(5) Immediate family member.--The term ``immediate family
member'', with respect to an individual, means a spouse,
parent, sibling, or child of the individual.
(6) Online service.--The term ``online service'' includes a
consumer-facing website, back-end online-support system, or
other facilitator of online transactions and activities.
(7) Systemically important digital platform.--The term
``systemically important digital platform'' means a digital
platform that the Commission has designated as a systemically
important digital platform under section 10.
SEC. 4. ESTABLISHMENT OF FEDERAL DIGITAL PLATFORM COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Federal Digital Platform Commission'', which shall--
(1) be constituted as provided in this Act; and
(2) execute and enforce the provisions of this Act.
(b) Purposes of Commission.--The purpose of the Commission is to
regulate digital platforms, consistent with the public interest,
convenience, and necessity, to promote to all the people of the United
States, so far as possible, the following:
(1) Access to digital platforms for civic engagement and
economic and educational opportunities.
(2) Access to government services and public safety.
(3) Competition to encourage the creation of new online
services and innovation, and to provide to consumers benefits
such as lower prices and better quality of service.
(4) Prevention of harmful levels of concentration of
private power over critical digital infrastructure.
(5) A robust and competitive marketplace of ideas with a
diversity of views at the local, State, and national levels.
(6) Protection for consumers from deceptive, unfair,
unjust, unreasonable, or abusive practices committed by digital
platforms.
(7) Assurance that the algorithmic processes of digital
platforms are fair, transparent, and safe.
(c) Rule of Construction.--Nothing in this Act shall be construed
to modify, impair, or supersede the applicability of any antitrust
laws.
SEC. 5. JURISDICTION.
(a) Plenary Jurisdiction.--The Commission shall have jurisdiction
over any digital platform, the services of which--
(1) originate or are received within the United States; and
(2) affect interstate or foreign commerce.
(b) Provisions Relative to Systemically Important Digital
Platforms.--Not later than 180 days after the earliest date as of which
not fewer than 3 Commissioners have been confirmed, the Commission
shall determine whether to issue rules, with input from the Code
Council as appropriate, to establish for systemically important digital
platforms--
(1) commercial and technical standards for--
(A) data portability; and
(B) interoperability, which shall be defined as the
functionality of information systems to--
(i) exchange data; and
(ii) enable sharing of information;
(2) requirements for recommendation systems and other
algorithmic processes of systemically important digital
platforms to ensure that the algorithmic processes are fair,
transparent, and without harmful, abusive, anticompetitive, or
deceptive bias;
(3) transparency requirements for terms of service,
including content moderation policies;
(4) requirements for regular public risk assessments of the
distribution of harmful content on a systemically important
digital platform and steps the systemically important digital
platform has taken, or plans to take, to mitigate those harms;
(5) transparency and disclosure obligations to enable--
(A) oversight by the Commission;
(B) third-party audits to ensure the accuracy of
any public risk assessments required under paragraph
(4); and
(C) trusted third-party research in the public
interest; and
(6) commercial and technical standards to ensure
accessibility to individuals with a disability, as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102), including to provide the ability for an
individual who has a hearing impairment, speech impairment, or
vision impairment to engage with systemically important digital
platforms in a manner that is functionally equivalent to the
ability of an individual who does not have a hearing
impairment, speech impairment, or vision impairment to engage
with systemically important digital platforms.
(c) Forbearance.--
(1) In general.--The Commission may forbear from exercising
jurisdiction over a digital platform or class of digital
platforms based on size, revenue, market share, or other
attributes the Commission determines appropriate.
(2) Flexibility.--The Commission may reassert jurisdiction
over a digital platform or class of digital platform over which
the Commission forbore from exercising jurisdiction under
paragraph (1).
SEC. 6. ORGANIZATION AND GENERAL POWERS.
(a) In General.--The Commission shall be composed of 5
Commissioners appointed by the President, by and with the advice and
consent of the Senate, one of whom the President shall designate as
chair.
(b) Qualifications.--
(1) Citizenship.--Each member of the Commission shall be a
citizen of the United States.
(2) Conflicts of interest.--
(A) In general.--Subject to subparagraphs (B) and
(C), no member of the Commission or person employed by
the Commission, and no immediate family member thereof,
shall--
(i) be financially interested in--
(I) any person significantly
regulated by the Commission under this
Act; or
(II) a third party in direct and
substantial competition with a person
described in subclause (I); or
(ii) be employed by, hold any official
relation to, or own any stocks, bonds, or other
securities of, any person or third party
described in clause (i).
(B) Significant interest.--The prohibitions under
subparagraph (A) shall apply only to financial
interests in any company or other entity that has a
significant interest in activities subject to
regulation by the Commission.
(C) Waiver.--
(i) In general.--Subject to section 208 of
title 18, United States Code, the Commission
may waive, from time to time, the application
of the prohibitions under subparagraph (A) to
persons employed by the Commission, or
immediate family members thereof, if the
Commission determines that the financial
interests of a person that are involved in a
particular case are minimal.
(ii) No waiver for commissioners.--The
waiver authority under clause (i) shall not
apply with respect to members of the
Commission.
(iii) Publication.--If the Commission
exercises the waiver authority under clause
(i), the Commission shall publish notice of
that action in the Federal Register.
(3) Determination of significant interest.--The Commission,
in determining for purposes of paragraph (2) whether a company
or other entity has a significant interest in activities that
are subject to regulation by the Commission, shall consider,
without excluding other relevant factors--
(A) the revenues, investments, profits, and
managerial efforts directed to the related activities
of the company or other entity, as compared to the
other aspects of the business of the company or other
entity;
(B) the extent to which the Commission regulates
and oversees the activities of the company or other
entity;
(C) the degree to which the economic interests of
the company or other entity may be affected by any
action of the Commission; and
(D) the perceptions held by the public regarding
the business activities of the company or other entity.
(4) No other employment.--A member of the Commission may
not engage in any other business, vocation, profession, or
employment while serving as a member of the Commission.
(5) Political parties.--The maximum number of commissioners
who may be members of the same political party shall be a
number equal to the least number of commissioners that
constitutes a majority of the full membership of the
Commission.
(c) Term.--
(1) In general.--A commissioner--
(A) shall be appointed for a term of 5 years; and
(B) may continue to serve after the expiration of
the fixed term of office of the commissioner until a
successor is appointed and has been confirmed and taken
the oath of office.
(2) Filling of vacancies.--Any person chosen to fill a
vacancy in the Commission--
(A) shall be appointed for the unexpired term of
the commissioner that the person succeeds;
(B) except as provided in subparagraph (C), may
continue to serve after the expiration of the fixed
term of office of the commissioner that the person
succeeds until a successor is appointed and has been
confirmed and taken the oath of office; and
(C) may not continue to serve after the expiration
of the session of Congress that begins after the
expiration of the fixed term of office of the
commissioner that the person succeeds.
(3) Effect of vacancy on powers of commission.--Except as
provided in section 9(e) (relating to repeal of prior rules),
no vacancy in the Commission shall impair the right of the
remaining commissioners to exercise all the powers of the
Commission.
(d) Salary of Commissioners.--
(1) In general.--Each Commissioner shall receive an annual
salary at the annual rate payable from time to time for grade
16 of the pay scale of the Securities and Exchange Commission,
payable in monthly installments.
(2) Chair.--The Chair of the Commission, during the period
of service as Chair, shall receive an annual salary at the
annual rate payable from time to time for grade 17 of the pay
scale of the Securities and Exchange Commission.
(e) Principal Office.--
(1) General sessions.--The principal office of the
Commission shall be in the District of Columbia, where its
general sessions shall be held.
(2) Special sessions.--Whenever the convenience of the
public or of the parties may be promoted or delay or expense
prevented thereby, the Commission may hold special sessions in
any part of the United States.
(f) Employees.--
(1) In general.--The Commission may, subject to the civil
service laws and the Classification Act of 1949, as amended,
appoint such officers, engineers, accountants, attorneys,
inspectors, examiners, and other employees as are necessary in
the exercise of its functions.
(2) Assistants.--
(A) Professional assistants; secretary.--Without
regard to the civil-service laws, but subject to the
Classification Act of 1949, each commissioner may
appoint professional assistants and a secretary, each
of whom shall perform such duties as the commissioner
shall direct.
(B) Administrative assistant to chair.--In addition
to the authority under subparagraph (A), the Chair of
the Commission may appoint, without regard to the
civil-service laws, but subject to the Classification
Act of 1949, an administrative assistant who shall
perform such duties as the Chair shall direct.
(3) Use of volunteers to monitor violations relating to
online services.--
(A) Recruitment and training of volunteers.--The
Commission, for purposes of monitoring violations of
any provision of this Act (and of any regulation
prescribed by the Commission under this Act), may--
(i) recruit and train any software
engineer, computer scientist, data scientist,
or other individual with skills or expertise
relevant to the responsibilities of the
Commission; and
(ii) accept and employ the voluntary and
uncompensated services of individuals described
in clause (i).
(B) No limitations on voluntary services.--The
authority of the Commission under subparagraph (A)
shall not be subject to or affected by--
(i) part III of title 5, United States
Code; or
(ii) section 1342 of title 31, United
States Code.
(C) No federal employment.--Any individual who
provides services under this paragraph or who provides
goods in connection with such services shall not be
considered a Federal or special government employee.
(D) Broad representation.--The Commission, in
accepting and employing services of individuals under
subparagraph (A), shall seek to achieve a broad
representation of individuals and organizations.
(E) Rules of conduct.--The Commission may establish
rules of conduct and other regulations governing the
service of individuals under this paragraph.
(F) Regulations for personnel practices.--The
Commission may prescribe regulations to select,
oversee, sanction, and dismiss any individual
authorized under this paragraph to be employed by the
Commission.
(g) Expenditures.--
(1) In general.--The Commission may make such expenditures
(including expenditures for rent and personal services at the
seat of government and elsewhere, for office supplies, online
subscriptions, electronics, law books, periodicals,
subscriptions, and books of reference), as may be necessary for
the execution of the functions vested in the Commission and as
may be appropriated for by Congress in accordance with the
authorizations of appropriations under section 18.
(2) Reimbursement.--All expenditures of the Commission,
including all necessary expenses for transportation incurred by
the commissioners or by their employees, under their orders, in
making any investigation or upon any official business in any
other places than in the city of Washington, shall be allowed
and paid on the presentation of itemized vouchers therefor
approved by the Chair of the Commission or by such other
members or officer thereof as may be designated by the
Commission for that purpose.
(3) Gifts.--
(A) In general.--Notwithstanding any other
provision of law, in furtherance of its functions the
Commission is authorized to accept, hold, administer,
and use unconditional gifts, donations, and bequests of
real, personal, and other property (including voluntary
and uncompensated services, as authorized by section
3109 of title 5, United States Code).
(B) Taxes.--For the purpose of Federal law on
income taxes, estate taxes, and gift taxes, property or
services accepted under the authority of subparagraph
(A) shall be deemed to be a gift, bequest, or devise to
the United States.
(C) Regulations.--
(i) In general.--The Commission shall
promulgate regulations to carry out this
paragraph.
(ii) Conflicts of interest.--The
regulations promulgated under clause (i) shall
include provisions to preclude the acceptance
of any gift, bequest, or donation that would
create a conflict of interest or the appearance
of a conflict of interest.
(h) Quorum; Seal.--
(1) Quorum.--Three members of the Commission shall
constitute a quorum thereof.
(2) Seal.--The Commission shall have an official seal which
shall be judicially noticed.
(i) Duties and Powers.--The Commission may perform any and all
acts, including collection of any information from digital platforms
under the jurisdiction of the Commission as the Commission determines
necessary, without regard to any final determination of the Office on
Management and Budget under chapter 35 of title 44, United States Code
(commonly referred to as the ``Paperwork Reduction Act''), make such
rules and regulations, and issue such orders, not inconsistent with
this Act, as may be necessary in the execution of its functions.
(j) Conduct of Proceedings; Hearings.--
(1) In general.--The Commission may conduct its proceedings
in such manner as will best conduce to the proper dispatch of
business and to the ends of justice.
(2) Conflict of interest.--No commissioner shall
participate in any hearing or proceeding in which he has a
pecuniary interest.
(3) Open to all parties.--Any party may appear before the
Commission and be heard in person or by attorney.
(4) Record of proceedings.--
(A) In general.--Subject to subparagraph (B)--
(i) every vote and official act of the
Commission shall be entered of record; and
(ii) the Commission shall endeavor to make
each proceeding public, while recognizing the
occasional need for private convening and
deliberation.
(B) Defense information.--The Commission may
withhold publication of records or proceedings
containing secret information affecting the national
defense.
(k) Record of Reports.--All reports of investigations made by the
Commission shall be entered of record, and a copy thereof shall be
furnished to the party who may have complained, and to any digital
platform or licensee that may have been complained of.
(l) Publication of Reports; Admissibility as Evidence.--The
Commission shall provide for the publication of its reports and
decisions in such form and manner as may be best adapted for public
information and use, and such authorized publications shall be
competent evidence of the reports and decisions of the Commission
therein contained in all courts of the United States and of the several
States without any further proof or authentication thereof.
(m) Compensation of Appointees.--Rates of compensation of persons
appointed under this section shall be subject to the reduction
applicable to officers and employees of the Federal Government
generally.
(n) Memoranda of Understanding.--The Commission shall enter into
memoranda of understanding with the Federal Communications Commission,
the Federal Trade Commission, and the Department of Justice to ensure,
to the greatest extent possible, coordination, collaboration, and the
effective use of Federal resources concerning areas of overlapping
jurisdiction.
SEC. 7. ORGANIZATION AND FUNCTIONING OF THE COMMISSION.
(a) Chair; Duties; Vacancy.--
(1) In general.--The member of the Commission designated by
the President as Chair shall be the chief executive officer of
the Commission.
(2) Duties.--The Chair of the Commission shall--
(A) preside at all meetings and sessions of the
Commission;
(B) represent the Commission in all matters
relating to legislation and legislative reports, except
that any commissioner may present the commissioner's
own or minority views or supplemental reports;
(C) represent the Commission in all matters
requiring conferences or communications with other
governmental officers, departments, or agencies; and
(D) generally coordinate and organize the work of
the Commission in such manner as to promote prompt and
efficient disposition of all matters within the
jurisdiction of the Commission.
(3) Vacancy.--In the case of a vacancy in the office of the
Chair of the Commission, or the absence or inability of the
Chair to serve, the Commission may temporarily designate a
member of the Commission to act as Chair until the cause or
circumstance requiring the designation is eliminated or
corrected.
(b) Organization of Staff.--
(1) In general.--From time to time as the Commission may
find necessary, the Commission shall organize its staff into--
(A) bureaus, to function on the basis of the
Commission's principal workload operations; and
(B) such other divisional organizations as the
Commission may determine necessary.
(2) Integration.--The Commission, to the extent
practicable, shall organize the bureaus and other divisions of
the Commission to--
(A) promote collaboration and cross-cutting subject
matter and technical expertise; and
(B) avoid organization silos.
(3) Personnel.--Each bureau established under paragraph
(1)(A) shall include such legal, engineering, accounting,
administrative, clerical, and other personnel as the Commission
may determine to be necessary to perform its functions.
(4) Expert personnel.--The Commission shall prioritize, to
the extent practicable, the hiring of staff with a demonstrated
academic or professional background in computer science, data
science, application development, technology policy, and other
areas the Commission may determine necessary to perform its
functions.
(c) Delegation of Functions; Exceptions to Initial Orders; Force,
Effect, and Enforcement of Orders; Administrative and Judicial Review;
Qualifications and Compensation of Delegates; Assignment of Cases;
Separation of Review and Investigative or Prosecuting Functions;
Secretary; Seal.--
(1) Delegation of functions.--
(A) In general.--When necessary to the proper
functioning of the Commission and the prompt and
orderly conduct of its business, the Commission may, by
published rule or by order, delegate any of its
functions to a panel of commissioners, an individual
commissioner, an employee board, or an individual
employee, including functions with respect to hearing,
determining, ordering, certifying, reporting, or
otherwise acting as to any work, business, or matter;
except that in delegating review functions to employees
in cases of adjudication (as defined in the
Administrative Procedure Act), the delegation in any
such case may be made only to an employee board
consisting of 2 or more employees referred to in
paragraph (7).
(B) Minimum vote.--Any rule or order described in
subparagraph (A) may be adopted, amended, or rescinded
only by a vote of a majority of the members of the
Commission then holding office.
(2) Force, effect, and enforcement of orders.--Any order,
decision, report, or action made or taken pursuant to a
delegation under paragraph (1), unless reviewed as provided in
paragraph (3), shall have the same force and effect, and shall
be made, evidenced, and enforced in the same manner, as orders,
decisions, reports, or other actions of the Commission.
(3) Administrative and judicial review.--
(A) Aggrieved persons.--Any person aggrieved by an
order, decision, report or action described in
paragraph (1) may file an application for review by the
Commission within such time and in such manner as the
Commission shall prescribe, and every such application
shall be passed upon by the Commission.
(B) Initiative of commission.--The Commission, on
its own initiative, may review in whole or in part, at
such time and in such manner as it shall determine, any
order, decision, report, or action made or taken
pursuant to any delegation under paragraph (1).
(4) Review.--
(A) In general.--In passing upon an application for
review filed under paragraph (3), the Commission may
grant, in whole or in part, or deny the application
without specifying any reasons therefor.
(B) Questions of fact or law.--No application for
review filed under paragraph (3)(A) shall rely on
questions of fact or law upon which the panel of
commissioners, individual commissioner, employee board,
or individual employee has been afforded no opportunity
to pass.
(5) Grant of application.--If the Commission grants an
application for review filed under paragraph (3)(A), the
Commission may--
(A) affirm, modify, or set aside the order,
decision, report, or action; or
(B) order a rehearing upon the order, decision,
report, or action.
(6) Application required for judicial review.--The filing
of an application for review under paragraph (3)(A) shall be a
condition precedent to judicial review of any order, decision,
report, or action made or taken pursuant to a delegation under
paragraph (1).
(7) Qualifications and compensation of delegates;
assignment of cases; separation of review and investigative or
prosecuting functions.--
(A) Qualifications of delegates.--The employees to
whom the Commission may delegate review functions in
any case of adjudication (as defined in the
Administrative Procedure Act)--
(i) shall be qualified, by reason of their
training, experience, and competence, to
perform such review functions; and
(ii) shall perform no duties inconsistent
with such review functions.
(B) Compensation.--An employee described in
subparagraph (A) shall be in a grade classification or
salary level commensurate with the important duties of
the employee, and in no event less than the grade
classification or salary level of the employee or
employees whose actions are to be reviewed.
(C) Separation.--In the performance of review
functions described in subparagraph (A), employees
described in that subparagraph--
(i) shall be assigned to cases in rotation
so far as practicable; and
(ii) shall not be responsible to or subject
to the supervision or direction of any officer,
employee, or agent engaged in the performance
of investigative or prosecuting functions for
any agency.
(8) Secretary; seal.--The secretary and seal of the
Commission shall be the secretary and seal of each panel of the
Commission, each individual commissioner, and each employee
board or individual employee exercising functions delegated
pursuant to paragraph (1) of this subsection.
(d) Meetings.--Meetings of the Commission shall be held at regular
intervals, not less frequently than once each calendar month, at which
times the functioning of the Commission and the handling of its
workload shall be reviewed and such orders shall be entered and other
action taken as may be necessary or appropriate to expedite the prompt
and orderly conduct of the business of the Commission with the
objective of rendering a final decision in a timely fashion.
(e) Managing Director.--
(1) In general.--The Commission shall have a Managing
Director who shall be appointed by the Chair subject to the
approval of the Commission.
(2) Functions.--The Managing Director, under the
supervision and direction of the Chair, shall perform such
administrative and executive functions as the Chair shall
delegate.
(3) Pay.--The Managing Director shall be paid at a rate
equal to the rate then payable for grade 15 of the pay scale of
the Securities and Exchange Commission.
SEC. 8. CODE COUNCIL.
(a) Establishment.--The Commission shall establish a Code Council
that shall develop proposed voluntary or enforceable behavioral codes,
technical standards, or other policies for digital platforms through
the code process under subsection (e).
(b) Membership.--
(1) In general.--The Council shall consist of 18 members,
of whom--
(A) 6 shall be representatives of digital platforms
or associations of digital platforms, not fewer than 3
of whom shall be representatives of systemically
important digital platforms or associations that
include systemically important digital platforms;
(B) 6 shall be representatives of nonprofit public
interest groups, academics, and other experts not
affiliated with commercial enterprises, with
demonstrated expertise in technology policy, law,
consumer protection, privacy, competition,
disinformation, or another area the Chair determines
relevant; and
(C) 6 shall be technical experts in engineering,
application development, computer science, data
science, machine learning, communications, media
studies, and any other discipline the Chair determines
relevant.
(2) Appointment.--The Chair shall appoint each member of
the Council, subject to approval by the Commission.
(3) Terms.--
(A) In general.--A member of the Council shall be
appointed for a term of 3 years.
(B) Staggered terms.--The terms of members of the
Council shall be staggered such that one-third of the
membership of the Council changes each year.
(c) Meetings.--The Council shall meet publicly not less frequently
than once a month.
(d) Chair and Vice Chair.--
(1) In general.--There shall be a Chair and Vice Chair of
the Council--
(A) one of whom shall be a member described in
subparagraph (A) of subsection (b)(1); and
(B) one of whom shall be a member described in
subparagraph (B) of subsection (b)(1).
(2) Annual rotation.--The Chair or Vice Chair for a
calendar year shall be a member described in a different
subparagraph of subsection (b)(1) than the member who served as
Chair or Vice Chair, respectively, for the preceding calendar
year.
(e) Code Process.--
(1) In general.--The Commission may, at any time, initiate
a process to develop a voluntary or enforceable behavioral
code, technical standard, or other policy for digital platforms
or a class of digital platforms.
(2) Initiation based on petition or council vote.--The
Commission may initiate the process described in paragraph (1)
if--
(A) the Commission receives a petition from the
public, including from a digital platform or an
association of digital platforms; or
(B) the Council votes to initiate the process.
(3) Council examination and vote.--If the process described
in paragraph (1) is initiated, the Council--
(A) shall consider and develop, if appropriate, a
proposed behavioral code, technical standard, or other
policy for digital platforms or a class of digital
platforms;
(B) in considering and developing a proposed code,
standard, or policy under subparagraph (A), shall--
(i) allow for submission of feedback by any
interested party; and
(ii) make available to the public a factual
record, developed during the consideration and
development of the proposed code, standard, or
policy, that includes any submission received
under clause (i);
(C) not earlier than 180 days and not later than
360 days after the date on which the process is
initiated, shall vote on whether to submit a
recommendation for the proposed code, standard, or
policy to the Commission; and
(D) may submit minority views along with a
recommendation under subparagraph (C), as appropriate.
(4) Public review; commission examination and vote.--Upon
receipt of a recommendation for a proposed behavioral code,
technical standard, or other policy from the Council under
paragraph (3), the Commission shall--
(A) allow for submission of comments on the
proposed code, standard, or policy by any interested
party for a period of not fewer than 45 days and not
more than 90 days, and publicly disclose any comments
received;
(B) examine the proposed code, standard, or policy,
along with comments received under subparagraph (A);
(C) determine whether to adopt, reject, or adopt
with modifications the proposed code, standard, or
policy;
(D) provide a public rationale for the
determination under subparagraph (C); and
(E) promulgate rules to carry out the determination
under subparagraph (C) in accordance with section 553
of title 5, United States Code.
(5) Updates.--Not less frequently than once every 5 years,
the Commission shall review and update, as necessary, any
behavioral code, technical standard, or other policy
established by rule under paragraph (4).
(6) Rule of construction.--Nothing in this subsection shall
be construed to affect the authority of the Commission to
promulgate rules under section 9.
(f) Qualifications.--
(1) Citizenship.--Each member of the Council shall be a
United States citizen or an alien lawfully admitted for
permanent residence to the United States.
(2) Conflicts of interest.--
(A) In general.--Subject to subparagraphs (B) and
(C), no member of the Council other than a member
appointed under subsection (b)(1)(A) shall--
(i) be financially interested in any
company or other entity engaged in the business
of providing online services;
(ii) be financially interested in any
company or other entity that controls any
company or other entity specified in clause
(i), or that derives a significant portion of
its total income from ownership of stocks,
bonds, or other securities of any such company
or other entity; or
(iii) be employed by, hold any official
relation to, or own any stocks, bonds, or other
securities of, any person significantly
regulated by the Commission under this Act.
(B) Significant interest.--The prohibitions under
subparagraph (A) shall apply only to financial
interests in any company or other entity that has a
significant interest in activities subject to
regulation by the Commission.
(C) Waiver.--
(i) In general.--Subject to section 208 of
title 18, United States Code, the Commission
may waive, from time to time, the application
of the prohibitions under subparagraph (A) to a
member of the Council if the Commission
determines that the financial interests of the
member that are involved in a particular case
are minimal.
(ii) Publication.--If the Commission
exercises the waiver authority under clause
(i), the Commission shall publish notice of
that action in the Federal Register.
(3) Determination of significant interest.--The Commission,
in determining for purposes of paragraph (2) whether a company
or other entity has a significant interest in activities that
are subject to regulation by the Commission, shall consider,
without excluding other relevant factors--
(A) the revenues, investments, profits, and
managerial efforts directed to the related activities
of the company or other entity, as compared to the
other aspects of the business of the company or other
entity;
(B) the extent to which the Commission regulates
and oversees the activities of the company or other
entity;
(C) the degree to which the economic interests of
the company or other entity may be affected by any
action of the Commission; and
(D) the perceptions held by the public regarding
the business activities of the company or other entity.
(g) Rule of Construction.--Nothing in this section shall be
construed to authorize the Council to promulgate rules.
SEC. 9. RULEMAKING AUTHORITY, REQUIREMENTS, AND CONSIDERATIONS.
The Commission--
(1) may promulgate rules to carry out this Act in
accordance with section 553 of title 5, United States Code; and
(2) shall tailor the rules promulgated under paragraph (1),
as appropriate, based on the size, dominance, and other
attributes of particular digital platforms.
SEC. 10. SYSTEMICALLY IMPORTANT DIGITAL PLATFORMS.
(a) Designation of SIDPS; Rulemaking Authority.--The Commission
may--
(1) designate systemically important digital platforms in
accordance with this section; and
(2) promulgate rules specific to systemically important
digital platforms, consistent with the purposes of the
Commission under section 4(b).
(b) Mandatory Criteria.--The Commission shall designate a digital
platform a systemically important digital platform if the platform--
(1) is open to the public on one side;
(2) has significant engagement among users, which may take
the form of private groups, public groups, and the sharing of
posts visible to some or all users;
(3) conducts business primarily at the interstate or
international level, as opposed to the intrastate level; and
(4) has operations with significant nationwide economic,
social, or political impacts, as defined by the Commission for
purposes of this paragraph through notice-and-comment
rulemaking under section 553 of title 5, United States Code,
which may include--
(A) the ability of the platform to significantly
shape the national dissemination of news;
(B) the ability of the platform to cause a person
significant, immediate, and demonstrable economic,
social, or political harm by exclusion from the
platform;
(C) the market power of the platform;
(D) the number of unique daily users of the
platform; and
(E) the dependence of business users, especially
small business users, on the platform to reach
customers.
(c) Annual and Other Reports.--
(1) Authority to require reports.--The Commission may--
(A) require annual reports from systemically
important digital platforms subject to this Act, and
from persons directly or indirectly controlling or
controlled by, or under direct or indirect control
with, any such platform;
(B) prescribe the content expected in such reports;
(C) prescribe the manner in which such reports
shall be made; and
(D) require from such persons specific answers to
all questions upon which the Commission may need
information.
(2) Administration.--
(A) Time period covered; filing.--A report under
paragraph (1)--
(i) shall be for such 12 months' period as
the Commission shall designate; and
(ii) shall be filed with the Commission at
its office in Washington not later than 3
months after the close of the year for which
the report is made, unless additional time is
granted in any case by the Commission.
(B) Failure to meet deadline.--If a person subject
to this subsection fails to make and file an annual
report within the time specified under subparagraph
(A), or within the time extended by the Commission, for
making and filing the report, or fails to make specific
answer to any question authorized by this subsection
within 30 days after the time the person is lawfully
required so to do, the person shall forfeit to the
United States--
(i) $10,000 for each day the person
continues to be in default with respect
thereto, for the first 30 days of such default;
and
(ii) an amount determined appropriate by
the Commission for each subsequent day that the
person continues to be in default with respect
thereto, which may not exceed 1 percent of the
total global revenue of the person during the
preceding year.
SEC. 11. MERGER REVIEW.
(a) In General.--Except as provided in subsection (c), no digital
platform shall be transferred or disposed of in any manner, voluntarily
or involuntarily, directly or indirectly, or by transfer of control of
any operator of such digital platform, to any person except upon
application to the Commission and upon finding by the Commission that
the public interest, convenience, and necessity will be served thereby.
The Commission may grant or deny the application, or grant the
application with conditions if the Commission finds that such
conditions serve the public interest, convenience, or necessity.
(b) Procedures.--The Commission shall issue rules that specify the
procedures for review of applications under subsection (a), which may
include procedures that are tailored to transactions of different
sizes.
(c) Exemptions.--The Commission may issue rules to exempt from
review certain classes of digital platforms on the basis of size, or
such other criteria as the Commission considers appropriate in the
public interest, convenience, and necessity to achieve the purposes
described in section 4(b).
SEC. 12. PETITIONS.
(a) Petition for Forbearance.--
(1) Submission.--
(A) In general.--Any digital platform or
association of digital platforms may submit a petition
to the Commission requesting that the Commission
forbear the application and enforcement of a rule
promulgated under this Act, including a behavioral code
of conduct, technical standard, or other policy
established by rule under section 8.
(B) Publication.--
(i) In general.--Subject to clause (ii),
the Commission shall make a petition submitted
under subparagraph (A) available to the public.
(ii) Waiver.--The Commission may waive the
requirement under clause (i) if the Commission
makes the rationale for the waiver available to
the public..
(2) Dismissal without prejudice.--
(A) In general.--Any petition submitted under
paragraph (1) shall be deemed dismissed without
prejudice if the Commission does not grant the petition
within 18 months after the date on which the Commission
receives the petition, unless the Commission extends
the 18-month period under subparagraph (B) of this
paragraph.
(B) Extension.--The Commission may extend the
initial 18-month period under subparagraph (A) by an
additional 3 months.
(3) Scope of grant authority; written explanation.--The
Commission may grant or deny a petition submitted under
paragraph (1) in whole or in part and shall explain its
decision in writing.
(4) Notice and comment requirements.--Section 553 of title
5, United States Code, shall apply to any determination of the
Commission to forbear the application and enforcement of a rule
under paragraph (1) of this subsection.
(b) State Enforcement After Commission Forbearance.--A State
commission may not continue to apply or enforce any rule, including any
behavioral code, technical standard, or other policy established by
rule, that the Commission has determined to forbear from applying under
subsection (a).
SEC. 13. RESEARCH.
(a) Research Office.--In order to carry out the purposes of this
Act, the Commission shall establish an office with not fewer than 20
dedicated employees to conduct internal research, and collaborate with
outside academics and experts, as appropriate, to further the purposes
of the Commission under section 4(b).
(b) Research Grants.--
(1) In general.--The office established under subsection
(a) may competitively award grants to academic institutions and
experts to conduct research consistent with the purposes of the
Commission under section 4(b).
(2) Public availability.--A recipient of a grant awarded
under paragraph (1) shall make the findings of the research
conducted using the grant publicly available.
(c) Pilot Research Program for Sensitive Data.--The Commission
shall by rule establish a pilot program that allows vetted, nonprofit,
financially disinterested academic institutions and experts to access
data and other information collected from a digital platform by the
Commission for the purposes of research and analysis consistent with
the public interest, while--
(1) ensuring that no personally identifiable information of
any user of the digital platform is publicly available; and
(2) making every effort to--
(A) avoid harm to the business interests of the
digital platform; and
(B) ensure the safety and security of the private
data and other information of the digital platform.
SEC. 14. INVESTIGATIVE AUTHORITY.
(a) In General.--The Commission may inquire into the management of
the business of digital platforms subject to this Act, and shall keep
itself informed as to the manner and method in which that management is
conducted and as to technical and business developments in the
provision of online services.
(b) Information.--The Commission may obtain from digital platforms
subject to this Act and from persons directly or indirectly controlling
or controlled by, or under direct or indirect control with, those
platforms full and complete information necessary, including data
flows, to enable the Commission to perform the duties and carry out the
objects for which it was created.
SEC. 15. ENFORCEMENT BY PRIVATE PERSONS AND GOVERNMENTAL ENTITIES.
(a) Recovery of Damages.--Any person claiming to be damaged by any
digital platform subject to this Act may--
(1) make complaint to the Commission under subsection (b);
or
(2) bring a civil action for enforcement of this Act,
including the rules promulgated under this Act, in any district
court of the United States of competent jurisdiction.
(b) Complaints to the Commission.--
(1) In general.--
(A) Application.--Any person, any body politic or
municipal organization, or any State attorney general
or State commission, complaining of anything done or
omitted to be done by any digital platform subject to
this Act, in contravention of the provisions thereof,
may apply to the Commission by petition which shall
briefly state the facts, whereupon a statement of the
complaint thus made shall be forwarded by the
Commission to the digital platform, which shall be
called upon to satisfy the complaint or to answer the
complaint in writing within a reasonable time to be
specified by the Commission.
(B) Relief of liability.--If a digital platform
described in subparagraph (A) within the time specified
makes reparation for the injury alleged to have been
caused, the platform shall be relieved of liability to
the complainant only for the particular violation of
law thus complained of.
(C) Investigation.--If a digital platform described
in subparagraph (A) does not satisfy the complaint
within the time specified or there shall appear to be
any reasonable ground for investigating the complaint,
the Commission shall investigate the matters complained
of in such manner and by such means as the Commission
determines proper.
(D) Direct damage not required.--No complaint shall
at any time be dismissed because of the absence of
direct damage to the complainant.
(2) Order.--
(A) In general.--The Commission shall, with respect
to any investigation under this subsection of the
lawfulness of a charge, classification, regulation, or
practice, issue an order concluding the investigation
not later than 180 days after the date on which the
complaint was filed.
(B) Final order.--Any order concluding an
investigation under subparagraph (A) shall be a final
order and may be appealed under section 16.
(3) Orders for payment of money.--If, after hearing on a
complaint under this paragraph, the Commission determines that
any party complainant is entitled to an award of damages under
this Act, the Commission shall make an order directing the
digital platform to pay to the complainant the sum to which the
complainant is entitled on or before a day named.
(c) Enforcement by State Attorneys General.--If the attorney
general of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely affected
by any person who violates this Act or a rule promulgated under this
Act, the attorney general of the State, as parens patrie, may bring a
civil action on behalf of the residents of the State in any district
court of the United States of competent jurisdiction for enforcement of
this Act, including the rules promulgated under this Act.
(d) Liability of Digital Platform for Acts and Omissions of
Agents.--In construing and enforcing the provisions of this Act, the
act, omission, or failure of any officer, agent, or other person acting
for or employed by any digital platform or user, acting within the
scope of his employment, shall in every case be also deemed to be the
act, omission, or failure of the platform or user as well as that of
the person.
SEC. 16. PROCEEDINGS TO ENJOIN, SET ASIDE, ANNUL, OR SUSPEND ORDERS OF
THE COMMISSION.
(a) Right To Appeal.--An appeal may be taken from any decision or
order of the Commission, by any person who is aggrieved or whose
interests are adversely affected by the decision or order, to the
United States Court of Appeals for the District of Columbia or the
United States court of appeals for the circuit in which the person
resides.
(b) Filing Notice of Appeal; Contents; Jurisdiction; Temporary
Orders.--
(1) Filing notice of appeal.--An appeal described in
subsection (a) shall be taken by filing a notice of appeal with
the appropriate United States court of appeals not later than
30 days after the date on which public notice is given of the
decision or order complained of.
(2) Contents.--A notice of appeal filed under paragraph (1)
shall contain--
(A) a concise statement of the nature of the
proceedings as to which the appeal is taken;
(B) a concise statement of the reasons on which the
appellant intends to rely, separately stated and
numbered; and
(C) proof of service of a true copy of the notice
and statements upon the Commission.
(3) Jurisdiction.--Upon the filing of a notice of appeal
with a United States court of appeals under paragraph (1), the
court--
(A) shall have jurisdiction of the proceedings and
of the questions determined therein; and
(B) shall have power, by order, directed to the
Commission or any other party to the appeal, to grant
such temporary relief as the court may deem just and
proper.
(4) Temporary orders.--An order granting temporary relief
issued by the court under paragraph (3)--
(A) may be affirmative or negative in scope and
application so as to permit--
(i) the maintenance of the status quo in
the matter in which the appeal is taken; or
(ii) the restoration of a position or
status terminated or adversely affected by the
order appealed from; and
(B) shall, unless otherwise ordered by the court,
be effective pending hearing and determination of the
appeal and compliance by the Commission with the final
judgment of the court rendered in the appeal.
(c) Notice to Interested Parties; Filing of Record.--
(1) Notice to interested parties.--Not later than 5 days
after filing a notice of appeal under subsection (b), the
appellant shall provide, to each person shown by the records of
the Commission to be interested in the appeal, notice of--
(A) the filing; and
(B) the pendency of the appeal.
(2) Filing of record.--The Commission shall file with the
court the record upon which the order complained of was
entered, as provided in section 2112 of title 28, United States
Code.
(d) Intervention.--
(1) Right to intervene.--Not later than 30 days after the
filing of an appeal described in subsection (a), any interested
party may intervene and participate in the proceedings had upon
the appeal by filing with the court--
(A) a notice of intention to intervene and a
verified statement showing the nature of the interest
of the person; and
(B) proof of service of true copies of the notice
and statement described in subparagraph (A) upon--
(i) the appellant; and
(ii) the Commission.
(2) Interested party.--For purposes of paragraph (1), any
person who would be aggrieved or whose interest would be
adversely affected by a reversal or modification of the order
of the Commission complained of shall be considered an
interested party.
(e) Record and Briefs.--The record and briefs upon which an appeal
described in subsection (a) shall be heard and determined by the court
shall contain such information and material, and shall be prepared
within such time and in such manner, as the court may by rule
prescribe.
(f) Time of Hearing; Procedure.--The court shall hear and determine
an appeal described in subsection (a) upon the record before it in the
manner prescribed by section 706 of title 5, United States Code.
(g) Remand.--If the court renders a decision and enters an order
reversing the order of the Commission--
(1) the court shall remand the case to the Commission to
carry out the judgment of the court; and
(2) the Commission, in the absence of proceedings to review
the judgment under paragraph (1) or (2) of subsection (i),
shall forthwith give effect to the judgment, and unless
otherwise ordered by the court, shall do so upon the basis of--
(A) the proceedings already had; and
(B) the record upon which the appeal was heard and
determined.
(h) Judgment for Costs.--The court may, in its discretion, enter
judgment for costs in favor of or against an appellant, or other
interested parties intervening in the appeal, but not against the
Commission, depending upon the nature of the issues involved in the
appeal and the outcome of the appeal.
(i) Finality of Decision; Review by Supreme Court.--The judgment of
a court of appeals under this section shall be final, subject to review
by the Supreme Court of the United States--
(1) upon writ of certiorari on petition therefor under
section 1254 of title 28, United States Code, by--
(A) the appellant;
(B) the Commission; or
(C) any interested party intervening in the appeal;
or
(2) by certification by the court of appeals under such
section 1254.
SEC. 17. REPORT TO CONGRESS.
(a) In General.--Not earlier than 5 years after the date of
enactment of this Act, the President shall establish an independent
panel to--
(1) comprehensively study the policies, operations, and
regulations of the Commission; and
(2) submit an in-depth report to the congressional
committees of jurisdiction, including the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives, that includes--
(A) an evaluation of the effectiveness of the
Commission in achieving the purposes under section
4(b);
(B) recommended reforms to strengthen the
Commission; and
(C) a recommendation regarding whether the
Commission should continue in effect.
(b) Membership.--The independent panel established under subsection
(a) shall consist of 10 members, of whom--
(1) 2 shall be appointed by the President;
(2) 2 shall be appointed by the majority leader of the
Senate;
(3) 2 shall be appointed by the minority leader of the
Senate;
(4) 2 shall be appointed by the Speaker of the House of
Representatives; and
(5) 2 shall be appointed by the minority leader of the
House of Representatives.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry
out the functions of the Commission--
(1) $100,000,000 for fiscal year 2023;
(2) $200,000,000 for fiscal year 2024;
(3) $300,000,000 for fiscal year 2025;
(4) $450,000,000 for fiscal year 2026; and
(5) $500,000,000 for each of fiscal years 2027 through
2032.
<all>
|
Digital Platform Commission Act of 2022
|
To establish a new Federal body to provide reasonable oversight and regulation of digital platforms.
|
Digital Platform Commission Act of 2022
|
Rep. Welch, Peter
|
D
|
VT
|
11,339
| 12,614
|
H.R.3641
|
Education
|
Military Spouse Student Loan Deferment Act
This bill allows certain military spouses to defer payment on their federal student loans for 90 days. Specifically, borrowers are eligible to receive this deferment if (1) their spouse is an active duty service member of the Armed Forces, (2) they have lost their employment due to a permanent change in duty station of their spouse, and (3) they provide certain documentation to the Department of Education. Loan interest shall not accrue during the deferment period.
|
To amend the Higher Education Act of 1965 to provide student loan
deferment for dislocated military spouses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Spouse Student Loan
Deferment Act''.
SEC. 2. STUDENT LOAN DEFERMENT FOR DISLOCATED MILITARY SPOUSES.
(a) In General.--Section 455(f) of the Higher Education Act of 1965
(20 U.S.C. 1087e(f)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Deferment for dislocated military spouses.--
``(A) Duration and effect on principal and
interest.--A borrower of a loan made, insured, or
guaranteed under this part or part B who meets the
requirements of subparagraph (B) shall be eligible for
a deferment for a period of 90 days, during which
periodic installments of principal need not be paid,
and interest shall not accrue.
``(B) Eligibility.--A borrower of a loan made,
insured, or guaranteed under this part or part B shall
be eligible for a deferment under subparagraph (A) if
the borrower--
``(i) is the spouse of a member of the
Armed Forces serving on active duty; and
``(ii) has experienced a loss of employment
as a result of relocation to accommodate a
permanent change in duty station of such
member.
``(C) Documentation and approval.--
``(i) In general.--A borrower may establish
eligibility for a deferment under subparagraph
(A) by providing to the Secretary--
``(I) the documentation described
in clause (ii); or
``(II) such other documentation as
the Secretary determines appropriate.
``(ii) Documentation.--The documentation
described in this clause is--
``(I) evidence that the borrower is
the spouse of a member of the Armed
Forces serving on active duty;
``(II) evidence that a military
permanent change of station order was
issued to such member; and
``(III)(aa) evidence that the
borrower is eligible for unemployment
benefits due to a loss of employment
resulting from relocation to
accommodate such permanent change in
duty station; or
``(bb) a written certification, or
an equivalent as approved by the
Secretary, that the borrower is
registered with a public or private
employment agency due to a loss of
employment resulting from relocation to
accommodate such permanent change in
duty station.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act.
<all>
|
Military Spouse Student Loan Deferment Act
|
To amend the Higher Education Act of 1965 to provide student loan deferment for dislocated military spouses, and for other purposes.
|
Military Spouse Student Loan Deferment Act
|
Rep. Stefanik, Elise M.
|
R
|
NY
|
11,340
| 8,277
|
H.R.3592
|
Environmental Protection
|
Adopt the Greenhouse gases, Regulated Emissions, and Energy use in Transportation model Act or the Adopt GREET Act
This bill requires the Environmental Protection Agency (EPA) to update the methodology used in life-cycle analyses of greenhouse gas emissions that result from the production and use of corn-based ethanol and biodiesel fuel. The EPA must update its methodology within 90 days and every five years thereafter. In the first update, the EPA must adopt the most recent Greenhouse gases, Regulated Emissions, and Energy use in Transportation model (commonly referred to as the GREET model) developed by Argonne National Laboratory.
|
To require the Administrator of the Environmental Protection Agency to
update the modeling used for lifecycle greenhouse gas assessments for
corn-based ethanol and biodiesel, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adopt the Greenhouse gases,
Regulated Emissions, and Energy use in Transportation model Act'' or
the ``Adopt GREET Act''.
SEC. 2. DEFINITION OF ADMINISTRATOR.
In this Act, the term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
SEC. 3. LIFECYCLE GREENHOUSE GAS EMISSIONS FROM CORN-BASED ETHANOL AND
BIODIESEL.
(a) In General.--Subject to subsection (b), not later than 90 days
after the date of enactment of this Act, and every 5 years thereafter,
the Administrator shall update the methodology used by the
Environmental Protection Agency in lifecycle analyses with respect to
greenhouse gas emissions that result from corn-based ethanol and
biodiesel.
(b) Requirements.--
(1) First update.--In carrying out the first update
required under subsection (a), the Administrator shall adopt
the most recent Greenhouse gases, Regulated Emissions, and
Energy use in Transportation model (commonly referred to as the
``GREET model'') developed by Argonne National Laboratory.
(2) Subsequent updates.--In carrying out the second and
each subsequent update required under subsection (a), the
Administrator shall--
(A) as necessary, adopt, review, or update a
methodology determined to be appropriate by the
Administrator; or
(B) adopt the methodology described in paragraph
(1).
(c) Report.--If the Administrator fails to carry out subsection
(b)(2) before the applicable deadline described in subsection (a), the
Administrator shall submit to the Committees on Agriculture, Nutrition,
and Forestry, Energy and Natural Resources, and Environment and Public
Works of the Senate and the Committees on Agriculture, Energy and
Commerce, and Science, Space, and Technology of the House of
Representatives a report describing the reasons for the failure to
carry out subsection (b)(2), which may include a determination by the
Administrator that the methodology adopted or updated in a previous
update under subsection (a) remains the most current methodology based
on available data, research, and technology.
<all>
|
Adopt GREET Act
|
To require the Administrator of the Environmental Protection Agency to update the modeling used for lifecycle greenhouse gas assessments for corn-based ethanol and biodiesel, and for other purposes.
|
Adopt GREET Act
Adopt the Greenhouse gases, Regulated Emissions, and Energy use in Transportation model Act
|
Rep. Johnson, Dusty
|
R
|
SD
|
11,341
| 2,308
|
S.3233
|
International Affairs
|
Clean Cooking Support Act
This bill provides for a way of increasing the number of clean cookstoves and fuels for household, institutional, or commercial use throughout the world.
The Department of State and the U.S. Agency for International Development (USAID) shall jointly establish the Clean Cooking Interagency Working Group to assist with overseeing the planning, management, and coordination of initiatives to increase the number of clean cookstoves and fuels worldwide.
The State Department, USAID, the Department of Energy, the National Institutes of Health, the Centers for Disease Control and Prevention, and the Environmental Protection Agency shall work with the Clean Cooking Alliance to carry out clean cooking activities that relate to the missions of such departments or agencies.
|
To help increase the development, distribution, and use of clean
cookstoves and fuels to improve health, protect the climate and
environment, empower women, create jobs, and help consumers save time
and money.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Cooking Support Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Almost 3,000,000,000 people, representing more than
one-third of the global population, rely on open fires or
inefficient, polluting, and unsafe cookstoves using wood,
charcoal, kerosene, agricultural waste, animal dung, coal, or
other fuels. The majority of people using these types of
cookstoves and fuels are in developing countries in Asia,
Africa, and Latin America.
(2) Smoke from the use of traditional cookstoves and open
fires contribute to household air pollution that causes
illnesses that disproportionately affect women and young
children. Such illnesses include low birth weight, pneumonia,
cardiovascular disease, chronic obstructive pulmonary disease,
lung cancer, and other respiratory illnesses.
(3) The household air pollution caused by traditional
cookstoves and open fires claims 4,000,000 premature deaths
annually, including 400,000 children younger than 5 years of
age, most of whom live in sub-Saharan Africa. Household air
pollution does not remain in the home and contributes to more
than 10 percent of global ambient air pollution. In some
countries, such as Nepal, household air pollution contributes
to more than 30 percent of ambient air pollution. In 2019, more
than 600,000 deaths were attributed to ambient air pollution
stemming from the household combustion of solid fuels.
(4) According to the World Health Organization, the large-
scale use of wood, charcoal, and kerosene for traditional
cooking fuel accounts for 1.5-3.0 percent of global
CO<INF>2</INF> emissions, which is a significant contributor to
air pollution.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to reduce the adverse effects
of household energy use in its foreign assistance programs and
activities, as appropriate, including through--
(1) applied research and development to improve design,
lower costs, promote technology adoption, conduct health
research and evaluation, and develop global industry standards
and testing protocols for cookstoves and fuels to help ensure
minimum standards for efficiency and emissions to lower health
and environmental impacts;
(2) diplomatic engagement to encourage a commercial market
for clean cookstoves and fuels, reduce trade barriers, promote
consumer awareness, improve access to large-scale carbon
financing and other investment, and foster women-owned
businesses along the entire business value chain;
(3) international development projects to help build
commercial businesses to manufacture, market, distribute, sell,
and service clean cookstoves and fuels;
(4) development efforts related to refugee camps, disaster
relief, and long-term humanitarian and empowerment programs
aimed at assisting women, girls, and other vulnerable
populations;
(5) financing or insurance to support projects that provide
access to clean, affordable energy and energy savings through
the manufacture, sale, and purchase of clean cookstoves and
fuels;
(6) dissemination of cookstove standards to lower
environmental and health impacts associated with cook stoves
through the International Organization for Standardization
process for household, institutional, or commercial use; and
(7) political engagement with low-to-middle-income
countries to include cookstove and household energy emission
reduction goals in their Nationally Determined Contributions
(NDCs), guidance on implementation of the NDCs, and monitoring
and verification frameworks.
SEC. 4. CLEAN COOKING INTERAGENCY WORKING GROUP.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Administrator of
the United States Agency for International Development shall jointly
establish the Clean Cooking Interagency Working Group (referred to in
this section as the ``Working Group''), consisting of representatives
from the Department of Energy, the National Institutes of Health, the
Centers for Disease Control and Prevention, the Environmental
Protection Agency, and any other Federal agency that the Secretary and
the Administrator may designate to assist with overseeing the planning,
management, and coordination of initiatives to increase the number of
clean cookstoves and fuels worldwide.
(b) Responsibilities.--The Working Group shall--
(1) establish goals and priorities for increasing the
number of clean cookstoves and fuels worldwide; and
(2) provide for interagency coordination, including budget
coordination, of activities under this Act.
(c) Governance.--The Secretary of State and the Administrator of
United States Agency for International Development, or their designees,
shall serve as co-chairs of the Working Group.
(d) Meetings.--Members of the Working Group shall meet not later
than 90 days after the Working Group is established pursuant to
subsection (a), and quarterly thereafter, to carry out the
responsibilities described in subsection (b).
SEC. 5. CLEAN COOKING PROGRAM.
(a) Department of State; United States Agency for International
Development.--The Secretary of State and the Administrator of the
United States Agency for International Development shall work with the
Clean Cooking Alliance, founded in 2010--
(1) to engage in a wide range of diplomatic activities,
including with countries across the globe and with United
States embassies abroad, to support activities of the Clean
Cooking Alliance and the clean cookstoves and fuels sector;
(2) to continue the clean cooking initiatives supported by
the Climate and Clean Air Coalition, an intergovernmental
organization formed in 2012, to reduce emissions of climate
pollutants;
(3) to advance programs that support the adoption of
affordable cookstoves that require less fuel to meet household
energy needs and release fewer pollutants, as a means to
improve health, reduce environmental degradation, mitigate
climate change, foster economic growth, and empower women; and
(4) to carry out other activities authorized under this
Act.
(b) Department of Energy.--The Secretary of Energy shall work with
the Clean Cooking Alliance--
(1) to conduct research to spur development of low-cost,
low-emission, high-efficiency cookstoves through research in
areas such as combustion, heat transfer, and materials
development;
(2) to conduct research to spur development of low-
emission, high-efficiency energy sources;
(3) to support innovative small businesses in the United
States that are developing advanced cookstoves and improved
cookstove assessment devices; and
(4) to carry out other activities authorized under this
Act.
(c) National Institutes of Health.--The Director of the National
Institutes of Health shall work with the Clean Cooking Alliance--
(1) to support health research and training to improve the
health and lives of those at risk from household burning of
solid fuels, including--
(A) dedicated resources for research on household
air pollution to ensure adoption of life-saving
interventions and policy formulation; and
(B) regional network research and training hubs in
global environmental health and occupational health
with a household air pollution focus; and
(2) to carry out other activities authorized under this
Act.
(d) Centers for Disease Control and Prevention.--The Director of
the Centers for Disease Control and Prevention shall work with the
Clean Cooking Alliance--
(1) to evaluate cookstove and fuel programs to better
understand their public health benefits and key determinants of
adoption;
(2) to promote a better understanding of the relationship
between human exposures and health outcomes from the use of
rudimentary cookstoves and open fires; and
(3) to carry out other activities authorized under this
Act.
(e) Environmental Protection Agency.--The Administrator of the
Environmental Protection Agency shall work with the Clean Cooking
Alliance--
(1) to conduct cookstove and fuel testing and evaluation in
the lab and in the field, including by--
(A) evaluating energy efficiency and air pollutant
emissions that impact human health and the environment;
(B) building the capacity of regional stove testing
and knowledge centers around the world; and
(C) developing international standards regarding
fuel use, emissions, and safety of cookstoves and
fuels;
(2) to conduct climate, health, and air quality research,
including with United States institutions of higher education,
regarding the air quality and climatic benefits of
interventions for cookstoves and residential burning, and to
continue the clean cooking initiatives supported by the Climate
and Clean Air Coalition to reduce emissions of climate
pollutants;
(3) to provide technical and policy expertise and to help
the Clean Cooking Alliance align with ongoing international
efforts in the field; and
(4) to carry out other activities authorized under this
Act.
(f) Other Federal Agencies.--Other Federal agencies may engage with
the Clean Cooking Alliance or other agencies, as appropriate, to
further the policy described in section 3.
SEC. 6. REPORTING REQUIREMENTS.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(b) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the President shall
submit a report to the appropriate congressional committees that
describes the progress made to further the policy described in section
3.
(c) Information Included in Reports.--Each report submitted
pursuant to subsection (b) shall include--
(1) the indicators used by the Department of State and each
Federal agency participating in the interagency working group
established pursuant to section 4(a) to monitor and evaluate
the progress made by each such agency to further the policy
described in section 3;
(2) data pertaining to populations served in United States
Government-funded cookstoves and fuels programming;
(3) information regarding United States Government
investments in clean cookstoves and fuels programming,
including funding that has been planned, appropriated,
obligated, or expended during the most recently concluded
fiscal year and cumulatively for the 5 most recently concluded
fiscal years; and
(4) information regarding the progress made toward
increasing collaboration among Federal agencies to further the
policy described in section 3, including interagency research
efforts and collaboration with international research partners.
(d) Public Availability.--The President shall make the report
required under subsection (b) available to the public.
SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years 2022
through 2027 such sums as may be necessary to carry out this Act.
<all>
|
Clean Cooking Support Act
|
A bill to help increase the development, distribution, and use of clean cookstoves and fuels to improve health, protect the climate and environment, empower women, create jobs, and help consumers save time and money.
|
Clean Cooking Support Act
|
Sen. Collins, Susan M.
|
R
|
ME
|
11,342
| 453
|
S.1090
|
Finance and Financial Sector
|
Repeal CFPB Act
This bill repeals the Consumer Financial Protection Act of 2010, which established the Consumer Financial Protection Bureau.
|
To eliminate the Bureau of Consumer Financial Protection.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeal CFPB Act''.
SEC. 2. REPEAL.
The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et
seq.) is repealed, and the provisions of law amended or repealed by
that Act are restored or revived as if the Act had not been enacted.
<all>
|
Repeal CFPB Act
|
A bill to eliminate the Bureau of Consumer Financial Protection.
|
Repeal CFPB Act
|
Sen. Cruz, Ted
|
R
|
TX
|
11,343
| 3,102
|
S.4023
|
Taxation
|
Lifelong Learning and Training Account Act of 2021
This bill establishes tax-exempt savings accounts that may be used to pay for training expenses and will be managed by state programs known as Lifelong Learning and Training Account programs.
Tax-exempt distributions from an account may be used for training that results in a recognized postsecondary credential, such as an industry-recognized certificate or certification, a license recognized by the federal government or a state, or an associate or baccalaureate degree.
The bill specifies contribution limits, age restrictions, and income limits that apply to beneficiaries of the accounts. Accounts that meet the requirements are eligible to receive certain federal matching funds for contributions made by the beneficiary or an employer.
|
To amend the Internal Revenue Code of 1986 to establish Lifelong
Learning and Training Account programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifelong Learning and Training
Account Act of 2021''.
SEC. 2. LIFELONG LEARNING AND TRAINING ACCOUNT PROGRAMS.
(a) In General.--Part VIII of subchapter F of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 530
the following new section:
``SEC. 530A. LIFELONG LEARNING AND TRAINING ACCOUNT PROGRAMS.
``(a) In General.--A Lifelong Learning and Training Account program
shall be exempt from taxation under this subtitle. Notwithstanding the
preceding sentence, such program shall be subject to the taxes imposed
by section 511.
``(b) Lifelong Learning and Training Account Program.--For purposes
of this section--
``(1) In general.--The term `Lifelong Learning and Training
Account program' means a program established and maintained by
a State or agency or instrumentality thereof--
``(A) under which the designated beneficiary of the
account or their employer may make contributions to an
account which is established for the purpose of meeting
the qualified training expenditures of such
beneficiary, and
``(B) which meets the other requirements of this
section.
``(2) Qualified trust.--Except to the extent provided in
regulations, a program shall not be treated as a Lifelong
Learning and Training Account program unless such program
provides that amounts are held in a qualified trust and such
program has received a ruling or determination by the Secretary
that such program meets the applicable requirements for a
Lifelong Learning and Training Account program. For purposes of
the preceding sentence, the term `qualified trust' means a
trust which is created or organized in the United States for
the exclusive benefit of designated beneficiaries and with
respect to which the requirements of paragraphs (2) and (5) of
section 408(a) are met.
``(3) Requirements.--
``(A) In general.--A program shall not be treated
as a Lifelong Learning and Training Account program
unless it provides--
``(i) that contributions may only be made
in cash,
``(ii) separate accounting for each
designated beneficiary,
``(iii) that no interest in the program or
any portion thereof may be used as security for
a loan,
``(iv) that no contributions may be made on
behalf of a designated beneficiary--
``(I) in excess of $2,000 during
any calendar year,
``(II) if the total amount in the
account of such beneficiary is in
excess of $15,000, or
``(III) during any calendar year
which begins after such beneficiary
attains 57 years of age,
``(v) that any distribution shall be made
in accordance with the requirements under
subparagraphs (B) and (C), and
``(vi) that required distributions shall be
made in accordance with paragraph (6).
``(B) Method of distribution.--
``(i) In general.--For purposes of any
distribution from the account of a designated
beneficiary under a Lifelong Learning and
Training Account program--
``(I) the applicable amount of such
distribution shall be drawn from
amounts transferred to the account of
the designated beneficiary pursuant to
paragraph (4) and any earnings thereon,
and
``(II) after application of
subclause (I), the remainder of such
distribution shall be drawn from
amounts contributed by the designated
beneficiary or their employer and any
earnings thereon.
``(ii) Applicable amount.--For purposes of
clause (i)(I), the applicable amount shall be
an amount equal to the lesser of--
``(I) 50 percent of the amount of
the distribution, or
``(II) the total amount of any
available funds in the account of the
designated beneficiary which were
transferred pursuant to paragraph (4)
and any earnings thereon.
``(iii) Other methods.--The Secretary may
amend, alter, or supplement the distribution
requirements under this subparagraph in such
manner as the Secretary deems appropriate.
``(C) Reporting.--For purposes of any distribution
from the account of a designated beneficiary under a
Lifelong Learning and Training Account program, the
administrator shall provide the beneficiary and the
Secretary with such information as the Secretary deems
appropriate, including--
``(i) the amount of such distribution,
including the applicable amount of such
distribution (as described in subparagraph
(B)(ii)), and
``(ii) whether such distribution was
provided--
``(I) directly to the program
described in clauses (i) through (iii)
of subsection (e)(5)(A) which provides
training to the beneficiary, or
``(II) to reimburse the beneficiary
for any qualified training expenditures
incurred by such beneficiary.
``(4) Matching funds.--
``(A) Transfer to beneficiary account.--
``(i) In general.--Out of any moneys in the
Treasury not otherwise appropriated, the
Secretary shall transfer to the account of any
designated beneficiary under a Lifelong
Learning and Training Account program an amount
equal to any amounts contributed to such
account by such beneficiary or their employer
which occur during any calendar year which
begins after the date on which such beneficiary
attains 24 years of age.
``(ii) Limitation.--Any amounts transferred
by the Secretary to the account of any
designated beneficiary pursuant to clause (i)
during any calendar year--
``(I) shall not exceed $1,000, and
``(II) shall not be subject to the
limitation under paragraph
(3)(A)(iv)(I).
``(B) Deposit of matching funds.--Any amounts
required to be transferred to the account of a
designated beneficiary under subparagraph (A) shall be
transferred by the Secretary as soon as is practicable
following any contribution to such account by such
beneficiary or their employer.
``(C) Reduction in matching funds.--
``(i) In general.--For each applicable
taxable year, the dollar amount in subparagraph
(A)(ii)(I) shall be reduced (but not below
zero) by an amount equal to the greater of--
``(I) an amount which bears the
same ratio to such dollar amount as--
``(aa) the amount (not less
than zero) equal to the
adjusted gross income of the
taxpayer for the applicable
taxable year minus $72,000,
bears to
``(bb) $10,000, or
``(II) an amount which bears the
same ratio to such dollar amount as--
``(aa) the amount (not less
than zero) equal to the earned
income (as described in section
32(c)(2)) of the designated
beneficiary for the applicable
taxable year minus $72,000,
bears to
``(bb) $10,000.
``(ii) Married individuals.--In the case of
a designated beneficiary who is married (within
the meaning of section 7703)--
``(I) if such beneficiary has filed
a joint return for the applicable
taxable year, each of the dollar
amounts under clause (i)(I) shall be
doubled for such year, or
``(II) if such beneficiary has not
filed a joint return for the applicable
taxable year, the dollar amount in
subparagraph (A)(ii)(I) shall be
reduced to zero for such year.
``(iii) Applicable taxable year.--For
purposes of this subparagraph, the term
`applicable taxable year' means the taxable
year in which the transfer described in
subparagraph (A)(i) is made to the account of
the designated beneficiary.
``(iv) Excess transfers.--If the total
amount of any transfers made to the account of
a designated beneficiary pursuant to
subparagraph (A)(i) during an applicable
taxable year exceeds the dollar amount under
subparagraph (A)(ii)(I) (after application of
clauses (i) and (ii)) for such taxable year,
the tax imposed by this chapter for such
taxable year shall be increased by the amount
of such excess.
``(D) Distribution of matching funds.--
``(i) In general.--Any distribution under a
Lifelong Learning and Training Account program
made from amounts transferred pursuant to this
paragraph shall be made by the administrator--
``(I) directly to the program
described in clauses (i) through (iii)
of subsection (e)(5)(A) which provides
training to the designated beneficiary,
or
``(II) to reimburse the designated
beneficiary for any qualified training
expenditures incurred by such
beneficiary,
provided that the beneficiary has provided the
administrator with such documentation as is
deemed necessary to ensure compliance with
clause (ii).
``(ii) Prohibition.--No amounts transferred
pursuant to this paragraph to any account of a
designated beneficiary under a Lifelong
Learning and Training Account program may be
distributed for any purpose other than for
payment or reimbursement of qualified training
expenditures.
``(E) Additional reduction for non-qualified
distributions.--For purposes of any amount of a
distribution under a Lifelong Learning and Training
Account program which is includible in the gross income
of the designated beneficiary, any available funds in
the account of such beneficiary which were transferred
pursuant to this paragraph (and any earnings thereon)
shall also be reduced by such amount.
``(F) Rescission of matching funds.--On January 1
of the applicable calendar year, any available funds in
the account of such beneficiary which were transferred
pursuant to this paragraph (and any earnings thereon)
shall be reduced to zero.
``(5) Investment.--
``(A) In general.--Any contributions or transfers
to a Lifelong Learning and Training Account program
(and any earnings thereon) shall be invested by the
administrator in United States Treasury securities with
a maturity date of not greater than 10 years.
``(B) Secretarial authority.--The Secretary may
prescribe such regulations, rules, or other guidance as
may be necessary or appropriate for purposes of
applying this paragraph.
``(6) Required distributions.--On January 1 of the
applicable calendar year, the total amount of available funds
in the account of the designated beneficiary which were
contributed by the designated beneficiary or their employer
(and any earnings thereon) shall be distributed to such
beneficiary.
``(c) Tax Treatment.--
``(1) In general.--Except as otherwise provided in this
subsection, no amount shall be includible in gross income of--
``(A) a designated beneficiary under a Lifelong
Learning and Training Account program, or
``(B) an employer of such beneficiary that
contributes to such program on behalf of such
beneficiary,
with respect to any distribution or earnings under such
program.
``(2) Distributions.--
``(A) In general.--Any distribution under a
Lifelong Learning and Training Account program shall be
includible in the gross income of the distributee in
the manner as provided under section 72 to the extent
not excluded from gross income under any other
provision of this chapter.
``(B) Distributions for qualified training
expenditures.--
``(i) In general.--In the case of any
distributions, if such distributions do not
exceed the qualified training expenditures of
the designated beneficiary, no amount shall be
includible in gross income.
``(ii) Coordination with other credits.--
For purposes of determining the credit allowed
under section 25A, no distribution under a
Lifelong Learning and Training Account program
shall be included as qualified tuition and
related expenses under such section.
``(C) Change in beneficiaries or programs.--
``(i) Rollovers.--Subparagraph (A) shall
not apply to that portion of any distribution
which, within 60 days of such distribution, is
transferred--
``(I) to another Lifelong Learning
and Training Account program for the
benefit of the designated beneficiary,
or
``(II) to the credit of another
designated beneficiary under a Lifelong
Learning and Training Account program
who is a member of the family of the
designated beneficiary with respect to
which the distribution was made.
``(ii) Change in designated
beneficiaries.--Any change in the designated
beneficiary of an interest in a Lifelong
Learning and Training Account program shall not
be treated as a distribution for purposes of
subparagraph (A) if the new beneficiary is a
member of the family of the old beneficiary.
``(iii) Limitation on certain rollovers.--
Clause (i)(I) shall not apply to any transfer
if such transfer occurs within 12 months from
the date of a previous transfer to any Lifelong
Learning and Training Account program for the
benefit of the designated beneficiary.
``(iv) Matching funds forfeited.--In the
case of any transfer described in clause
(i)(II) or any change in the designated
beneficiary of an interest in a Lifelong
Learning and Training Account program (with the
exception of any change due to the death of the
old beneficiary), any amounts transferred to
the account of the designated beneficiary under
subsection (b)(4), and any earnings thereon,
shall be reduced (but not below zero) by an
amount equal to the total amount transferred to
any account of any other beneficiary.
``(D) Special rule for contributions of refunded
amounts.--In the case of a beneficiary who receives a
refund of any qualified training expenditures from any
program described in clauses (i) through (iii) of
subsection (e)(5)(A), subparagraph (A) shall not apply
to that portion of any distribution for the taxable
year which is recontributed to a Lifelong Learning and
Training Account program of which such individual is a
beneficiary, but only to the extent such recontribution
is made not later than 60 days after the date of such
refund and does not exceed the refunded amount.
``(3) Estate tax treatment.--
``(A) In general.--No amount shall be includible in
the gross estate of any individual for purposes of
chapter 11 by reason of an interest in a Lifelong
Learning and Training Account program.
``(B) Amounts includible in estate of designated
beneficiary in certain cases.--Subparagraph (A) shall
not apply to amounts distributed on account of the
death of a beneficiary.
``(4) Other gift tax rules.--For purposes of chapters 12
and 13--
``(A) Treatment of distributions.--Except as
provided in subparagraph (B), in no event shall a
distribution from a Lifelong Learning and Training
Account program be treated as a taxable gift.
``(B) Treatment of designation of new
beneficiary.--The taxes imposed by chapters 12 and 13
shall apply to a transfer by reason of a change in the
designated beneficiary under the program (or a rollover
to the account of a new beneficiary) unless the new
beneficiary is--
``(i) assigned to the same generation as
(or a higher generation than) the old
beneficiary (determined in accordance with
section 2651), and
``(ii) a member of the family of the old
beneficiary.
``(5) Additional tax.--The tax imposed by section 530(d)(4)
shall apply to any payment or distribution from a Lifelong
Learning and Training Account program in the same manner as
such tax applies to a payment or distribution from a Coverdell
education savings account.
``(d) Reports.--Each officer or employee having control of the
Lifelong Learning and Training Account program or their designee shall
make such reports regarding such program to the Secretary and to
designated beneficiaries with respect to contributions, transfers,
distributions, and such other matters as the Secretary may require. The
reports required by this subsection shall be filed at such time and in
such manner and furnished to such individuals at such time and in such
manner as may be required by the Secretary.
``(e) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Administrator.--The term `administrator' means the
entity which established the Lifelong Learning and Training
Account program and maintains such program, as described in
subsection (b)(1).
``(2) Applicable calendar year.--The term `applicable
calendar year' means the calendar year beginning after the date
on which a designated beneficiary attained 60 years of age.
``(3) Designated beneficiary.--The term `designated
beneficiary' means--
``(A) the individual designated at the commencement
of participation in the Lifelong Learning and Training
Account program as the beneficiary of amounts paid (or
to be paid) to the program, or
``(B) in the case of a change in beneficiaries
described in subsection (c)(2)(C), the individual who
is the new beneficiary.
``(4) Member of family.--The term `member of the family'
means an individual--
``(A) who has attained 25 years of age, and
``(B) who is, with respect to any designated
beneficiary--
``(i) the spouse of such beneficiary,
``(ii) an individual who bears a
relationship to such beneficiary which is
described in subparagraphs (A) through (G) of
section 152(d)(2),
``(iii) the spouse of any individual
described in clause (ii), or
``(iv) any first cousin of such
beneficiary.
``(5) Qualified training expenditures.--
``(A) In general.--The term `qualified training
expenditures' means any expenditures for training which
results in the attainment of a recognized postsecondary
credential and which is provided through--
``(i) a program of training services which
is listed under section 122(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3152(d)),
``(ii) a program which is conducted by an
area career and technical education school, a
community college, or a labor organization, or
``(iii) a program which is sponsored and
administered by an industry trade association,
industry or sector partnership, or labor
organization.
``(B) Related definitions.--For purposes of
subparagraph (A)--
``(i) Area career and technical education
school.--The term `area career and technical
education school' means such a school, as
defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20
U.S.C. 2302), which participates in a program
under that Act (20 U.S.C. 2301 et seq.).
``(ii) Community college.--The term
`community college' means an institution
which--
``(I) is a junior or community
college as defined in section 312(f) of
the Higher Education Act of 1965 (20
U.S.C. 1058(f)), except that the
institution need not meet the
requirements of paragraph (1) of that
section; and
``(II) participates in a program
under title IV of that Act (20 U.S.C.
1070 et seq.).
``(iii) Industry or sector partnership.--
The term `industry or sector partnership' has
the meaning given such term under section 3 of
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
``(iv) Industry trade association.--The
term `industry trade association' means an
organization which--
``(I) is described in paragraph (3)
or (6) of section 501(c) and exempt
from taxation under section 501(a); and
``(II) is representing an industry.
``(v) Labor organization.--The term `labor
organization' means a labor organization,
within the meaning of the term in section
501(c)(5).
``(vi) Recognized postsecondary
credential.--The term `recognized postsecondary
credential' means a credential consisting of an
industry-recognized certificate or
certification, a license recognized by the
State involved or Federal Government, or an
associate or baccalaureate degree.
``(C) Exclusion.--The term `qualified training
expenditures' shall not include any amounts paid for
meals, lodging, transportation, or other services
incidental to any training described in subparagraph
(A).
``(6) Application of section 514.--An interest in a
Lifelong Learning and Training Account program shall not be
treated as debt for purposes of section 514.
``(f) Public Awareness.--
``(1) In general.--The Secretary shall conduct a public
information campaign, utilizing paid advertising, to inform the
public of the availability of Lifelong Learning and Training
Account programs.
``(2) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated such sums as are necessary to carry out
this subsection.
``(B) Availability.--Any sums appropriated under
the authorization contained in this subsection shall
remain available, without fiscal year limitation, until
expended.
``(g) Regulations.--Notwithstanding any other provision of this
section, the Secretary shall prescribe such regulations as may be
necessary or appropriate to carry out the purposes of this section and
to prevent abuse of such purposes, including regulations under chapters
11, 12, and 13 of this title.''.
(b) Conforming Amendments.--
(1) Section 135(d)(2)(B) of the Internal Revenue Code of
1986 is amended by striking ``sections 529(c)(3)(B) and
530(d)(2)'' and inserting ``sections 529(c)(3)(B), 530(d)(2),
and 530A(c)(2)(B)''.
(2) The table of sections for part VIII of subchapter F of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after the item relating to section 530 the following
new item:
``Sec. 530A. Lifelong Learning and Training Account programs.''.
(c) Administration Assistance.--
(1) In general.--The Secretary of the Treasury, or the
Secretary's delegate (referred to in this paragraph as the
``Secretary''), shall make a grant, in such amount as the
Secretary determines appropriate, to each State or agency or
instrumentality thereof that has established and maintains a
Lifelong Learning and Training Account program under section
530A of the Internal Revenue Code of 1986 (as added by
subsection (a)), for purposes of administering such program.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of this subsection.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
<all>
|
Lifelong Learning and Training Account Act of 2021
|
A bill to amend the Internal Revenue Code of 1986 to establish Lifelong Learning and Training Account programs.
|
Lifelong Learning and Training Account Act of 2021
|
Sen. Warner, Mark R.
|
D
|
VA
|
11,344
| 12,013
|
H.R.9217
|
Government Operations and Politics
|
Halting Of Trafficking and Exploitation in Lodging Act of 2022 or the HOTEL Act of 2022
This bill requires federal agencies to ensure, to the greatest extent practicable, that commercial accommodations for agency employees are booked with a hotel or motel that enforces a zero-tolerance policy regarding severe forms of trafficking in persons.
|
To amend title 5, United States Code, to establish a priority for
accommodation in places with policies relating to severe forms of human
trafficking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Halting Of Trafficking and
Exploitation in Lodging Act of 2022'' or the ``HOTEL Act of 2022''.
SEC. 2. PRIORITY FOR ACCOMMODATION IN PLACES WITH POLICIES RELATING TO
SEVERE FORMS OF HUMAN TRAFFICKING.
(a) In General.--Subchapter I of chapter 57 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 5712. Priority for accommodation in places with certain policies
relating to severe forms of human trafficking
``(a) In General.--For the purpose of making payments under this
chapter for lodging expenses, each agency shall ensure that, to the
greatest extent practicable, commercial-lodging room nights in the
United States for employees of that agency are booked in a preferred
place of accommodation.
``(b) Eligibility as a Preferred Place of Accommodation.--To be
considered a preferred place of accommodation for the purposes of this
section, a hotel or motel shall--
``(1) enforce a zero-tolerance policy regarding severe
forms of trafficking in persons (as defined in section 103(11)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(11))) made available by the Administrator of General
Services under subsection (c)(1), or a similar zero-tolerance
policy developed by the place of accommodation, demonstrated
by--
``(A) posting such policy in a nonpublic space
within the place of accommodation that is accessible by
all employees; or
``(B) including such policy in the employee
handbook;
``(2) have procedures in place, not later than 180 days
after the date of the enactment of this section, for employees
to identify and report any such exploitation according to
protocol identified in the employee training based on training
materials developed under subsection (c)(3) to the appropriate
law enforcement authorities, management of the preferred
accommodation, or the National Human Trafficking Hotline;
``(3) post the informational materials made available under
subsection (c)(3) in an appropriate nonpublic space within the
place of accommodation that is accessible by all employees;
``(4) review and update, as necessary, the zero-tolerance
policy, procedures, and informational materials at least every
two years prior to the due date for self-certifications;
``(5) require each employee who is physically located at
the place of accommodation and who is likely to interact with
guests, including security, front desk, housekeeping, room
service, and bell staff, to complete the training developed
under subsection (c)(2), or a training developed pursuant to
subsection (d), that shall--
``(A) take place not later than 90 days after the
starting date of the new employee, or in the case of an
employee hired before the effective date of this
section, not later than 90 days after the date of
enactment of this section;
``(B) include refresher trainings every two years;
and
``(C) include training on the identification of
possible cases of sexual exploitation of children and
procedures to report suspected abuse to the appropriate
authorities;
``(6) include a notice to all independent contractors in
any agreement affecting a property in the United States
negotiated or renewed on or after the date of enactment of this
section that states the following: `Federal law prohibits the
trafficking of humans under the Trafficking Victims Protection
Act (22 U.S.C. 7101 et seq.).'; and
``(7) ensure that the place of accommodation does not
retaliate against employees for reporting suspected cases of
such exploitation if reported according to protocol identified
in the employee training.
``(c) GSA Requirements.--The Administrator of General Services
shall--
``(1) make available on the website of the General Services
Administration, an up-to-date model zero tolerance policy for
places of accommodation regarding severe forms of trafficking
in persons (as defined in section 103(11) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. (11))), including
informational materials regarding such policy to be posted in
places of accommodation in nonpublic spaces;
``(2) make available on the website of the General Services
Administration an up-to-date list of Department of Homeland
Security, Department of Justice, and Department of State and
privately produced training programs that address the
identification of severe forms of human trafficking and
reporting to law enforcement authorities or the National Human
Trafficking Hotline;
``(3) in coordination with the Secretary of Homeland
Security's Blue Campaign, make available up-to-date training
materials on preventing severe forms of human trafficking and
informational materials to be posted in nonpublic spaces in
places of accommodation on spotting the signs of severe forms
of human trafficking and reporting possible incidences of such
exploitation, except that the Administrator shall permit the
use of substantially similar training materials or
informational materials required by State or local law on
identifying the signs of human trafficking and reporting
possible incidences of such exploitation in lieu of materials
developed under this paragraph; and
``(4) maintain a list of each preferred place of
accommodation that meets the requirements of subsection (b),
beginning by examining places of accommodation that are--
``(A) participating in government lodging programs
such as FedRooms (or successor system);
``(B) included on the FEMA Fire Safe List; or
``(C) otherwise known to have received government
travel business in the 2 years prior to enactment of
this section.
``(d) Training Programs.--A place of accommodation or lodging
company may use a training program developed or acquired by such place
of accommodation or company to satisfy the requirements of subsection
(b)(4) if such training program--
``(1) focuses on identifying and reporting suspected cases
of severe forms of human trafficking; and
``(2) was developed in consultation with State governments,
survivor leaders, survivor-led anti-trafficking organization,
or a nationally recognized organization with expertise in anti-
trafficking initiatives.
``(e) Previously Trained Employees.--
``(1) Training prior to effective date.--Any employee of a
place of accommodation who has been trained to identify and
report potential cases of severe forms of human trafficking
during the 2-year period ending on the date of the enactment of
this section shall be considered to have met the training
requirement in subsection (b)(4) with respect to any employment
at that place of accommodation or at any other place of
accommodation managed by the same entity.
``(2) Training prior to a transfer of employment.--Any
employee of a place of accommodation who has met the training
requirements under subsection (b)(4) shall be considered to
have met such requirements with respect to any employment at a
place of accommodation managed by the same entity if such
training occurred during the 2-year period ending on the date
of the enactment of this section.
``(f) Property-by-Property Implementation.--
``(1) In general.--Each preferred place of accommodation
shall self-certify (in writing) to the Administrator of General
Services that such place is in compliance with the requirements
of this section. Such self-certification shall occur every 2
years beginning on the date of the enactment of this section.
The Administrator shall--
``(A) provide notice to each place of accommodation
regarding any self-certification required under this
subsection not later than the date that is 90 days
before the due date of such self-certification; and
``(B) report to the Committee on Oversight and
Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate, not later than 2 years after the date of
the enactment of this section and every two years
thereafter--
``(i) each preferred places of
accommodation that submitted and did not submit
their self-certifications in the preceding 2
years; and
``(ii) the corresponding total numbers of
nights the government paid for Federal
employees in self-certified preferred places of
accommodation compared to preferred places of
accommodation that did not report self-
certification to the Administrator of General
Services.
``(2) Group certification.--A person or entity that manages
or franchises multiple places of accommodation may provide a
single notice with respect to self-certification under
subsection (a) that each such place is in compliance with this
section.
``(g) Statutory Construction.--No provision in this section that
applies to an employee of a place of accommodation shall be construed
to apply to an individual who is an independent contractor or otherwise
not directly employed by a place of accommodation, unless the contract
is for housekeeping, security, front desk, room service, or bell staff,
in which case it shall be the responsibility of the service provider to
ensure compliance with the requirements set forth in this section.
``(h) Regulations Required.--The Administrator of General Services
shall issue such regulations as are necessary to carry out this
section.''.
(b) Effective Date.--Section 5712(a) of title 5, United States Code
(as added by subsection (a)), shall take effect 180 days after the date
of the enactment of this Act.
(c) Clerical Amendment.--The table of sections for subchapter I of
chapter 57 of title 5, United States Code, is amended by adding at the
end the following new item:
``5712. Priority for accommodation in places with certain policies
relating to severe forms of human
trafficking.''.
<all>
|
HOTEL Act of 2022
|
To amend title 5, United States Code, to establish a priority for accommodation in places with policies relating to severe forms of human trafficking, and for other purposes.
|
HOTEL Act of 2022
Halting Of Trafficking and Exploitation in Lodging Act of 2022
|
Rep. Smith, Christopher H.
|
R
|
NJ
|
11,345
| 3,929
|
S.1555
|
Labor and Employment
|
Get Americans Back To Work Act
This bill makes an individual ineligible for federal pandemic unemployment compensation (FPUC) after June 30, 2021. It also reduces the amount of FPUC to $150.00 for weeks of unemployment ending after May 31, 2021, and ending on or before June 30, 2021.
Under current law, an individual is eligible for FPUC for weeks of employment ending on or before September 6, 2021 in the amount of $300.
|
To shorten the extension, and the amount, of Federal Pandemic
Unemployment Compensation in order to get Americans back to work.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Get Americans Back To Work Act''.
SEC. 2. SHORTENING OF THE EXTENSION, AND REDUCING THE AMOUNT, OF
FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 2104(e)(2) of the CARES Act (15 U.S.C.
9023(e)(2)) is amended by striking ``September 6, 2021'' and inserting
``June 30, 2021''.
(b) Amount.--Section 2104(b)(3)(A) of such Act (15 U.S.C.
9023(b)(3)(A)) is amended--
(1) in clause (ii), by striking ``September 6, 2021'' and
inserting ``May 31, 2021''; and
(2) by adding at the end the following:
``(iii) For weeks of unemployment ending
after May 31, 2021, and ending on or before
June 30, 2021, $150.''.
<all>
|
Get Americans Back To Work Act
|
A bill to shorten the extension, and the amount, of Federal Pandemic Unemployment Compensation in order to get Americans back to work.
|
Get Americans Back To Work Act
|
Sen. Marshall, Roger
|
R
|
KS
|
11,346
| 14,957
|
H.R.74
|
Emergency Management
|
Protecting Local Communities from Harmful Algal Blooms Act
This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster.
|
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to include algal blooms in the definition of a major
disaster, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Local Communities from
Harmful Algal Blooms Act''.
SEC. 2. ALGAL BLOOMS.
Section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122) is amended by striking ``or
drought'' and inserting ``drought, or algal blooms''.
<all>
|
Protecting Local Communities from Harmful Algal Blooms Act
|
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster, and for other purposes.
|
Protecting Local Communities from Harmful Algal Blooms Act
|
Rep. Buchanan, Vern
|
R
|
FL
|
11,347
| 14,177
|
H.R.2715
|
Crime and Law Enforcement
|
Jaime's Law
This bill establishes background check requirements for the sale and transfer of ammunition.
Specifically, the bill prohibits a licensed importer, manufacturer, or dealer from transferring ammunition to an unlicensed individual prior to submitting a background check through the National Instant Criminal Background Check System. It also establishes penalties for violations. (Currently, background checks are required under these circumstances for the transfer of firearms, but not for ammunition.)
Additionally, it prohibits an ammunition transfer between private parties (i.e., unlicensed individuals) unless a licensed importer, manufacturer, or dealer first takes possession of the ammunition to conduct a background check. However, this prohibition does not apply to certain ammunition transfers, such as a gift between spouses in good faith.
|
To prevent the purchase of ammunition by prohibited purchasers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Jaime's Law''.
SEC. 2. PURPOSE.
The purpose of this Act is to enhance the background check process
in the United States to prevent the purchase of ammunition by
individuals prohibited from doing so.
SEC. 3. TRANSFERS OF FIREARMS OR AMMUNITION.
(a) In General.--Section 922 of title 18, United States Code, is
amended--
(1) by striking subsection (s) and redesignating subsection
(t) as subsection (s);
(2) in subsection (s) (as so redesignated)--
(A) by inserting ``or ammunition'' after
``firearm'' each place it appears except in paragraph
(3);
(B) in paragraph (1)(B)(ii), by inserting ``in the
case of a firearm,'' before ``3'';
(C) in paragraph (3)--
(i) by striking all that precedes
subparagraph (B) and inserting the following:
``(3) Paragraph (1) shall not apply to a transfer between a
licensee and another person if--
``(A)(i) in the case of a firearm transfer--
``(I) such other person has presented to the
licensee a permit that--
``(aa) allows such other person to possess
or acquire a firearm; and
``(bb) was issued not more than 5 years
earlier by the State in which the transfer is
to take place; and
``(II) the law of the State provides that such a
permit is to be issued only after an authorized
government official has verified that the information
available to such official does not indicate that
possession of a firearm by such other person would be
in violation of law; or
``(ii) in the case of an ammunition transfer--
``(I) such other person has presented to the
licensee a permit that--
``(aa) allows such other person to possess
or acquire ammunition, or to possess or acquire
a firearm; and
``(bb) was issued not more than 5 years
earlier by the State in which the transfer is
to take place; and
``(II) the law of the State provides that such a
permit is to be issued only after an authorized
government official has verified that the information
available to such official does not indicate that
possession of ammunition by such other person would be
in violation of law;''; and
(ii) in subparagraph (C)(ii), by striking
``(as defined in subsection (s)(8))''; and
(D) by adding at the end the following:
``(7) In this subsection, the term `chief law enforcement officer'
means the chief of police, the sheriff, or an equivalent officer or the
designee of any such individual.''; and
(3) by inserting after subsection (s) (as so redesignated)
the following:
``(t)(1)(A) It shall be unlawful for any person who is not a
licensed importer, licensed manufacturer, or licensed dealer to
transfer ammunition to any other person who is not so licensed, unless
a licensed importer, licensed manufacturer, or licensed dealer has
first taken possession of the ammunition for the purpose of complying
with subsection (s).
``(B) Upon taking possession of ammunition under subparagraph (A),
a licensee shall comply with all requirements of this chapter as if the
licensee were transferring ammunition from the inventory of the
licensee to the unlicensed transferee.
``(C) If a transfer of ammunition described in subparagraph (A)
will not be completed for any reason after a licensee takes possession
of the ammunition (including because the transfer of the ammunition to,
or receipt of the ammunition by, the transferee would violate this
chapter), the return of the ammunition to the transferor by the
licensee shall not constitute the transfer of ammunition for purposes
of this chapter.
``(2) Paragraph (1) shall not apply to--
``(A) a law enforcement agency or any law enforcement
officer, armed private security professional, or member of the
armed forces, to the extent the officer, professional, or
member is acting within the course and scope of employment and
official duties;
``(B) a transfer that is a loan or bona fide gift between
spouses, between domestic partners, between parents and their
children, between siblings, between aunts or uncles and their
nieces or nephews, or between grandparents and their
grandchildren;
``(C) a transfer to an executor, administrator, trustee, or
personal representative of an estate or a trust that occurs by
operation of law upon the death of another person;
``(D) a transfer if the transfer is necessary to prevent
imminent death or great bodily harm, if the possession by the
transferee lasts only as long as immediately necessary to
prevent the imminent death or great bodily harm; or
``(E) a transfer, if the transferor has no reason to
believe that the transferee will use or intends to use the
ammunition in a crime or is prohibited from possessing
ammunition under State or Federal law, and the transfer takes
place and the transferee's possession of the ammunition is
exclusively--
``(i) at a shooting range or in a shooting gallery
or other area designated for the purpose of target
shooting;
``(ii) while reasonably necessary for the purposes
of hunting, trapping, or fishing, if the transferor--
``(I) has no reason to believe that the
transferee intends to use the ammunition in a
place where it is illegal; and
``(II) has reason to believe that the
transferee will comply with all licensing and
permit requirements for such hunting, trapping,
or fishing; or
``(iii) while in the presence of the transferor.
``(3)(A) Notwithstanding any other provision of this chapter, the
Attorney General may implement this subsection with regulations.
``(B) Regulations promulgated under this paragraph may not include
any provision requiring licensees to facilitate transfers in accordance
with paragraph (1).
``(C) Regulations promulgated under this paragraph may not include
any provision requiring persons not licensed under this chapter to keep
records of background checks of ammunition transfers.
``(D) Regulations promulgated under this paragraph may not include
any provision limiting the amount of any fee a licensee may charge to
facilitate transfers in accordance with paragraph (1).
``(4) It shall be unlawful for a licensed importer, licensed
manufacturer, or licensed dealer to transfer possession of ammunition
to another person who is not so licensed unless the importer,
manufacturer, or dealer has provided such other person with a notice of
the prohibition under paragraph (1), and such other person has
certified that such other person has been provided with this notice on
a form prescribed by the Attorney General.''.
(b) Technical and Conforming Amendments.--
(1) Section 922.--Section 922(y)(2) of title 18, United
States Code, is amended, in the matter preceding subparagraph
(A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and
inserting ``and (g)(5)(B)''.
(2) Consolidated and further continuing appropriations act,
2012.--Section 511 of title V of division B of the Consolidated
and Further Continuing Appropriations Act, 2012 (34 U.S.C.
40901 note) is amended by striking ``subsection 922(t)'' each
place it appears and inserting ``subsection (s) or (t) of
section 922''.
SEC. 4. RULES OF CONSTRUCTION.
Nothing in this Act, or any amendment made by this Act, shall be
construed to--
(1) authorize the establishment, directly or indirectly, of
a national firearms or ammunition registry; or
(2) interfere with the authority of a State, under section
927 of title 18, United States Code, to enact a law on the same
subject matter as this Act.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 180
days after the date of enactment of this Act.
<all>
|
Jaime’s Law
|
To prevent the purchase of ammunition by prohibited purchasers.
|
Jaime’s Law
|
Rep. Wasserman Schultz, Debbie
|
D
|
FL
|
11,348
| 14,159
|
H.R.7901
|
Taxation
|
Support Ukraine Through Our Tax Code Act
This bill denies the foreign tax credit and the tax deduction for income, war profits, and excess profits taxes paid to Russia and Belarus.
The bill also denies certain other tax benefits in connection with the invasion of Ukraine, including any tax treaty benefits and exemptions from withholding requirements.
The bill suspends tax information exchanges for Russia and Belarus under a tax treaty or an intergovernmental agreement during the period of the Ukraine invasion.
|
To amend the Internal Revenue Code of 1986 to deny foreign tax credits
or deductions with respect to taxes paid or accrued to the Russian
Federation and the Republic of Belarus, to provide for the denial of
certain other tax benefits in connection with the invasion of Ukraine,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Ukraine Through Our Tax Code
Act''.
SEC. 2. DENIAL OF FOREIGN TAX CREDIT, ETC., WITH RESPECT TO TAXES PAID
OR ACCRUED TO THE RUSSIAN FEDERATION AND THE REPUBLIC OF
BELARUS.
(a) In General.--Section 901(j)(2) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(C) Special rule for russia and belarus.--
``(i) In general.--This subsection shall
apply to the Russian Federation and the
Republic of Belarus during the period described
in clause (ii).
``(ii) Period of application.--The period
described in this clause with respect to any
country is the period--
``(I) beginning on the date that is
90 days after the date of the enactment
of this subparagraph, and
``(II) ending on the date on which
the resumption of the application of
the rates of duty set forth in column 1
of the Harmonized Tariff Schedule of
the United States to products of that
country takes effect pursuant to
section 4(b) of the Suspending Normal
Trade Relations with Russia and Belarus
Act.''.
(b) Deduction Denied.--
(1) In general.--Section 275(a) of the Internal Revenue
Code of 1986 is amended by inserting after paragraph (6) the
following new paragraph:
``(7) Income, war profits, and excess profits taxes paid or
accrued (or deemed paid under section 960) to any country
described in section 901(j)(2)(C)(i) with respect to income
attributable to any period described in section
901(j)(2)(C)(ii).''.
(2) Conforming amendment.--Section 901(j)(3) of such Code
is amended by adding at the end the following new sentence:
``The preceding sentence shall not apply to any taxes paid or
accrued (or deemed paid under section 960) to any country
described in paragraph (2)(C)(i) with respect to income
attributable to any period described in paragraph
(2)(C)(ii).''.
(c) Special Transition Rules for Taxpayers Exiting Countries for
Which Foreign Tax Credit Is Denied.--
(1) In general.--If--
(A) any portion of a taxable year of a taxpayer
occurs during the post-exit period, and
(B) such taxpayer is an applicable taxpayer for
such portion of the taxable year with respect to a
foreign country to which section 901(j)(2)(C) of the
Internal Revenue Code of 1986 (as added by subsection
(a)) applies,
then, notwithstanding such section 901(j)(2)(C), sections
901(j)(1)(B) and 952(a)(5) of such Code shall not apply to
income derived by the taxpayer from such foreign country during
such portion of such taxable year.
(2) Applicable taxpayer.--
(A) In general.--A taxpayer is an applicable
taxpayer with respect to a foreign country for any
portion of a taxable year occurring during the post-
exit period if--
(i) the gross receipts of the taxpayer for
such portion derived from such foreign country
(determined under rules substantially similar
to the rules of part I of subchapter N of
chapter 1 of the Internal Revenue Code of 1986)
are--
(I) in the case of the period
beginning with the first day of the
first month beginning after the first
day of the post-exit period and ending
with the last day of the first taxable
year ending on or after such date, less
than 15 percent of such gross receipts
derived during the pre-exit period, and
(II) in the case of any taxable
year beginning after the first day of
the post-exit period, less than 5
percent of such gross receipts derived
during the pre-exit period, or
(ii) the taxpayer meets such other
requirements as the Secretary of the Treasury
(or the Secretary's delegate) may by regulation
or guidance prescribe to determine whether a
taxpayer has exited from doing business in such
foreign country.
(B) Rules for determining gross receipts.--
(i) Aggregation rules.--The rules of
section 448(c)(2) shall apply for purposes of
this paragraph, except that--
(I) in applying section 52(a), the
exception for foreign corporations
under section 1563(b)(2)(C) shall be
disregarded, and
(II) in applying section 52(b), the
principles which apply under section
52(a) shall include the modification
under subclause (I) and the term
``trade or business'' shall include any
activity treated as a trade or business
under paragraph (5) or (6) of section
469(c) (determined without regard to
the phrase, ``To the extent provided in
regulations'' in such paragraph (6)).
(ii) Special rules.--The rules of section
448(c)(3) shall apply for purposes of this
paragraph, except that in applying subparagraph
(B) thereof to a taxable year in which the
entire taxable year does not occur during the
post-exit period, the portion of the year
during such period shall be treated as a short
taxable year for purposes of determining
annualized gross receipts.
(iii) Receipts related to humanitarian
purposes.--For purposes of this subsection,
gross receipts shall not include amounts--
(I) which are covered under general
or specific licenses of the Office of
Foreign Assets Control of the
Department of the Treasury which have
been identified by the Secretary of the
Treasury (or the Secretary's delegate)
as licenses to which this clause
applies, or
(II) which the Secretary of the
Treasury (or the Secretary's delegate)
has otherwise identified as
humanitarian in nature.
(3) Periods.--For purposes of this subsection--
(A) Pre-exit period.--The term ``pre-exit period''
means--
(i) except as provided in clause (ii), the
12-month period ending on December 31, 2021,
and
(ii) in the case of a taxpayer with a
taxable year which ends on or after November
30, 2021, and before February 24, 2022, such
taxable year.
(B) Post-exit period.--The term ``post-exit
period'' means, with respect to any foreign country,
the period during which section 901(j)(2)(C) of the
Internal Revenue Code of 1986 (as added by subsection
(a)) applies to such foreign country (determined
without regard to this subsection).
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. DENIAL OF CERTAIN OTHER TAX BENEFITS IN CONNECTION WITH THE
INVASION OF UKRAINE.
(a) In General.--In the case of any person to whom this section
applies--
(1) section 892(a) of the Internal Revenue Code of 1986
(relating to income of foreign governments) shall not apply to
income received during the period this section applies to such
person,
(2) notwithstanding section 894 of such Code, such Code
shall be applied to such person without regard to any treaty
obligation of the United States during the period this section
applies to such person,
(3) section 895 of such Code (relating to income derived by
a foreign central bank of issue from obligations of the United
States or from bank deposits) shall not apply to any central
bank of such person,
(4) sections 871(h) (relating to repeal of tax on interest
of nonresident alien individuals received from certain
portfolio debt investments) and 881(c) (relating to repeal of
tax on interest of foreign corporations received from certain
portfolio debt investments) of such Code shall not apply to
interest received during the period this section applies to
such person,
(5) section 864(b) of such Code (relating to trade or
business within the United States) shall be applied without
regard to paragraph (2) thereof (relating to exception for
trading in securities or commodities) with respect to the
period during which this section applies to such person,
(6) section 883 of such Code (relating to exclusion of
income from shipping, etc.) shall not apply to income or
earnings received during the period this section applies to
such person, and
(7) notwithstanding section 897(l) of such Code, any trust,
corporation, or other organization or arrangement established
by such person shall not be treated as a qualified foreign
pension fund under section 897 of such Code during the period
this section applies to such person.
(b) Persons to Whom This Section Applies.--
(1) In general.--This section shall apply to--
(A) any person with respect to which sanctions have
been imposed by the United States in relation to the
invasion of Ukraine by the Russian Federation that
began on February 24, 2022,
(B) the government of any foreign country to which
section 901(j)(2)(C) of the Internal Revenue Code of
1986 applies, and
(C) any other person identified by the Secretary
as--
(i) a person described in paragraph (2),
and
(ii) a person with respect to which the
application of this section would advance
efforts to restore and maintain the peace,
security, stability, sovereignty, and
territorial integrity of Ukraine (as determined
by the Secretary in consultation with the
Secretary of State).
(2) Persons described.--A person is described in this
paragraph if such person--
(A) is a person that--
(i) is participating or has participated in
the invasion of Ukraine, and
(ii) either--
(I) owns, directly or indirectly,
at least $1,000,000 of assets in the
United States, or
(II) has, for the most recent
calendar year, at least $1,000,000 of
income from sources within the United
States,
(B) is an entity that--
(i) is organized in, or a tax resident of,
a foreign country (including any subdivision
thereof) to which section 901(j)(2)(C) of such
Code applies,
(ii) is not a controlled foreign
corporation (as defined in section 957 of such
Code), and
(iii) has provided or sold goods or
services to a government (including any
instrumentality thereof) to which section
901(j)(2)(C) of such Code applies,
(C) is an executive, board member, or officer of an
entity described in subparagraph (B), or
(D) is a person that is related to any other person
to which this section applies.
(3) Special rules for controlled entities.--Under
regulations provided by the Secretary--
(A) In general.--The Secretary may treat a person
controlled (within the meaning of section 954(d)(3) of
the Internal Revenue Code of 1986) by a person
described in paragraph (1) as a person to whom this
section applies without regard to whether such
controlled person has been identified by the Secretary
under paragraph (1)(C).
(B) Notification.--
(i) In general.--The Secretary may require
any person treated as a person to whom this
section applies by reason of subparagraph (A)
to provide notice to the Secretary and to each
withholding agent of such person that this
section applies to such person.
(ii) Penalties.--For purposes of applying
part II of subchapter B of chapter 68 of the
Internal Revenue Code of 1986--
(I) any notice required to be
provided to the Secretary under clause
(i) shall be treated as an information
return described in section 6724(d)(1)
of such Code, and
(II) any notice required to be
provided to a withholding agent under
clause (i) shall be treated as a payee
statement described in section
6724(d)(2) of such Code.
(c) Period for Which This Section Applies.--For purposes of this
section--
(1) In general.--This section applies to any person
described in subsection (b) during the period--
(A) except as provided in paragraph (2), beginning
on the date that is 30 days after the later of--
(i) the date of the enactment of this Act,
or
(ii) the date such person is first
described in subsection (b), and
(B) ending on the date such person is no longer
described in subsection (b).
(2) Special rules for portfolio interest.--
(A) In general.--For purposes of applying
subsection (a)(4), except as provided in subparagraph
(B), the period described in paragraph (1) shall begin
on the later of--
(i) the date that is 180 days (60 days in
the case of obligations issued on or after the
date of the enactment of this Act) after the
date of enactment of this Act, or
(ii) 60 days after the date such person
first becomes described in subsection (b).
(B) Significant modifications.--If, after the date
of the enactment of this Act, there is a significant
modification of an obligation issued before the date of
the enactment of this Act, then, for purposes of
applying subsection (a)(4), the period described in
paragraph (1) shall begin on the later of--
(i) the earlier of--
(I) the day that is 60 days after
the date of such significant
modification, or
(II) the day that is 180 days after
the date of the enactment of this Act,
or
(ii) the date that is 60 days after the
date such person first becomes described in
subsection (b).
(d) Definitions.--For purposes of this section--
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(2) Related.--A person (hereinafter in this paragraph
referred to as the ``related person'') is related to any person
if--
(A) the related person bears a relationship to such
person which is--
(i) specified in section 267(b) or
707(b)(1) of the Internal Revenue Code of 1986,
or
(ii) specified in the regulations
prescribed under subsection (f), or
(B) the related person and such person are engaged
in trades or businesses under common control (within
the meaning of subsections (a) and (b) of section 52 of
such Code, determined after the application of the
rules of section 2(c)(2)(B)(i)).
(e) Reports.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter, the Secretary shall submit to
Congress a report detailing the parameters, processes, and
justifications by which a person is identified by the Secretary under
(b)(1)(C) of this section.
(f) Regulations.--The Secretary shall prescribe such regulations,
rules, or other guidance as the Secretary determines necessary or
appropriate to carry out the purposes of this section.
SEC. 4. SUSPENSION OF TAX INFORMATION EXCHANGES.
If there is a tax convention (within the meaning of section
6105(c)(2) of the Internal Revenue Code of 1986) providing for the
exchange of tax information between the United States and any foreign
country to which section 901(j)(2)(C) of such Code (as added by section
2(a)) applies, the Secretary of the Treasury (or the Secretary's
delegate) shall not exchange such tax information with such foreign
country during the period that such section applies to such foreign
country.
SEC. 5. TREATY OBLIGATIONS.
This Act and the amendments made by this Act shall be applied
without regard to any treaty obligation of the United States.
<all>
|
Support Ukraine Through Our Tax Code Act
|
To amend the Internal Revenue Code of 1986 to deny foreign tax credits or deductions with respect to taxes paid or accrued to the Russian Federation and the Republic of Belarus, to provide for the denial of certain other tax benefits in connection with the invasion of Ukraine, and for other purposes.
|
Support Ukraine Through Our Tax Code Act
|
Rep. Schneider, Bradley Scott
|
D
|
IL
|
11,349
| 12,087
|
H.R.3114
|
Labor and Employment
|
Longshore and Harbor Workers' COVID-19 Compensation Act of 2022
This bill establishes a conclusive presumption that certain workers diagnosed with COVID-19 are entitled to workers' compensation benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). It also provides funding to reimburse employers for costs associated with LHWCA benefits related to COVID-19. The LHWCA provides for medical, disability, and survivor benefits for specified private-sector maritime workers.
The presumption applies to workers who were diagnosed with COVID-19 between January 27, 2020, and January 27, 2024, and who, during the incubation period, faced a risk of COVID-19 exposure while carrying out job duties.
In addition, the bill establishes and provides funding for the Longshore COVID-19 Fund to reimburse employers for costs related to such COVID-19 claims. To be reimbursed, employers must comply with applicable safety and health guidance to prevent occupational exposure to COVID-19.
|
To provide benefits authorized under the Longshore and Harbor Workers'
Compensation Act to maritime workers who contract COVID-19, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Longshore and Harbor Workers' COVID-
19 Compensation Act of 2022''.
SEC. 2. CLAIMS RELATED TO COVID-19.
(a) In General.--A covered employee who receives a diagnosis of
COVID-19 or is subject to an order described in subsection (b)(2) and
who provides notice of or files a claim under the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 901 et seq.) relating to such
diagnosis or order shall be conclusively presumed to have an injury
arising out of or in the course of employment for the purpose of
compensation under the Longshore and Harbor Workers' Compensation Act.
(b) Covered Employee.--In this Act, the term ``covered employee''
means an individual who, at any time during the period beginning
January 27, 2020, and ending on January 27, 2024, is an employee
engaged in maritime employment as defined in section 2 of the Longshore
and Harbor Workers' Compensation Act (33 U.S.C. 902(3)) and who--
(1)(A) is diagnosed with COVID-19; and
(B) during a covered exposure period with respect to the
date of such diagnosis carried out duties which--
(i) required contact with members of the public,
co-workers, or other individuals associated with the
course of employment; or
(ii) included a risk of exposure to the novel
coronavirus; or
(2) is ordered not to return to work by the employee's
employer or by a local, State, or Federal agency because of
exposure, or the risk of exposure, to 1 or more individuals
diagnosed with COVID-19 in the workplace.
(c) Clarification of Maritime Employment.--For the purposes of
subsection (b), maritime employment does not include employment under--
(1) the Defense Base Act (42 U.S.C. 1651 et seq.);
(2) the Outer Continental Shelf Lands Act (43 U.S.C.
1333(b)); and
(3) section 8171 of title 5, United States Code.
(d) Limitation.--This Act shall not apply with respect to a covered
employee who--
(1) provides notice or files a claim described in
subsection (a) on or before the date of enactment of this Act;
and
(2) is determined to be entitled to the compensation
described in subsection (a) or is awarded such compensation if
such determination or award is made on or before the date of
enactment of this Act.
(e) Denials on or Before the Date of Enactment.--Subsection (a)
shall apply with respect to a covered employee who is determined not to
be entitled to, or who is not awarded, compensation described in
subsection (a) if such determination or decision not to award such
compensation is made on or before the date of enactment of this Act.
(f) Exclusion.--The Secretary shall not consider any compensation
paid with respect to a notice or claim to which subsection (a) applies,
including disability compensation, death benefits, funeral and burial
expenses, and medical expenses, in calculating the annual assessments
under section 44(c)(2) of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 944(c)(2)).
SEC. 3. REIMBURSEMENT.
(a) In General.--
(1) Entitlement.--An employer of a covered employee or the
employer's carrier shall be entitled to reimbursement pursuant
to this Act for any compensation paid with respect to a notice
or claim described in section 2(a), including disability
compensation, death benefits, funeral and burial expenses,
medical or other related costs for treatment and care, and
reasonable and necessary allocated claims expenses.
(2) Safety and health requirements.--To be entitled to
reimbursement under paragraph (1)--
(A) an employer shall be in compliance with all
applicable safety and health guidelines and standards
that are related to the prevention of occupational
exposure to the novel coronavirus, including such
guidelines and standards issued by the Occupational
Safety and Health Administration, State plans approved
under section 18 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 667), the Centers for Disease
Control and Prevention, and the National Institute for
Occupational Safety and Health; and
(B) a carrier--
(i) shall be a carrier for an employer that
is in compliance with subparagraph (A); and
(ii) shall not adjust the experience rating
or the annual premium of the employer based
upon the compensation paid by the carrier with
respect to a notice or claim described in
section 2(a).
(b) Reimbursement Procedures.--
(1) In general.--To receive reimbursement under subsection
(a), a claim for such reimbursement shall be submitted to the
Secretary of Labor--
(A) not earlier than the date on which a
compensation order (as described in section 19(e) of
the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 919(e))) is issued that fixes entitlement to
benefits; or
(B) not later than one year after the final payment
of compensation to a covered employee pursuant to this
Act; and
(C) in accordance with a rule issued by the
Secretary that the Secretary determines to be similar
to the process established under part 61 of title 20,
Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(2) Records.--An employer and the employer's carrier shall
make, keep, and preserve such records and provide such
information as the Secretary of Labor determines necessary or
appropriate to carry out this Act.
(3) Final agency action.--The action of the Secretary in
allowing or denying reimbursement under this section shall be
the final Agency action with respect to such reimbursement.
(c) Appropriations.--
(1) In general.--A reimbursement under this section shall
be paid out of the Longshore COVID-19 Fund.
(2) Funds.--In addition to amounts otherwise available,
there are authorized to be appropriated, and there are
appropriated, out of any money in the Treasury not otherwise
appropriated, such sums as may be necessary to the Longshore
COVID-19 Fund for each reimbursement paid out of such Fund
under this section.
(d) Report.--Not later than 60 days after the end of each of fiscal
years 2022, 2023, and 2024, the Secretary of Labor shall submit to the
Committee on Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate,
an annual report enumerating--
(1) the number of claims filed pursuant to section 2(a);
(2) of such filed claims--
(A) the number and types of claims under the
Longshore and Harbor Workers Compensation Act (33
U.S.C. 901 et seq.) with respect to which the
presumption under section 2(a) is made;
(B) the number and types of such claims denied; and
(C) the number and types of such claims pending;
and
(3) the total number of claims for reimbursement and the
total amounts paid for such reimbursement from the Longshore
COVID-19 Fund under subsection (c)(1) for the fiscal year for
which the report is being submitted.
(e) Regulations.--The Secretary of Labor may promulgate such
regulations as may be necessary to carry out this Act.
(f) Definitions.--In this Act:
(1) Covered exposure period.--The term ``covered exposure
period'' with respect to the date of a diagnosis described in
section 2(b)(1)(A), means the period of days--
(A) ending on the date of such diagnosis; and
(B) equal to the maximum number of days that the
Secretary of Labor, with the concurrence of the
Director of the National Institute of Occupational
Safety and Health, determines could occur between an
exposure to the novel coronavirus and a diagnosis of
COVID-19 resulting from such exposure.
(2) LHWCA terms.--The terms ``carrier'', ``compensation'',
``employee'', and ``employer'' have the meanings given the
terms in section 2 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 902).
(3) Longshore covid-19 fund.--The term ``Longshore COVID-19
Fund'' means the fund established in section 45 of the
Longshore and Harbor Workers' Compensation Act (as added by
section 4 of this Act).
(4) Novel coronavirus.--The term ``novel coronavirus''
means SARS-CoV-2, a variant of SARS-CoV-2, or any other
coronavirus declared to be a pandemic by public health
authorities.
SEC. 4. LONGSHORE COVID-19 FUND.
The Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901
et seq.) is amended by adding after section 44 the following:
``SEC. 45. LONGSHORE COVID-19 FUND.
``(a) In General.--There is established in the Treasury of the
United States the Longshore COVID-19 Fund (in this section, referred to
as the `Fund'), which consists of sums that are appropriated to the
Fund under section 3(c) of the Longshore and Harbor Workers' COVID-19
Compensation Act of 2022.
``(b) Expenditures.--Amounts in the Fund shall be available for the
reimbursement of an employer or the employer's carrier for compensation
payments and expenses approved under section 3 of the Longshore and
Harbor Workers' COVID-19 Compensation Act of 2022, including disability
compensation, death benefits, funeral and burial expenses, medical or
other related costs for treatment and care, and reasonable and
necessary allocated claims expenses paid under this Act when
reimbursement is required under section 3 of the Longshore and Harbor
Workers' COVID-19 Compensation Act of 2022, subject to any limitations
in such section.''.
Union Calendar No. 387
117th CONGRESS
2d Session
H. R. 3114
[Report No. 117-526]
_______________________________________________________________________
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Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022
|
To provide benefits authorized under the Longshore and Harbor Workers' Compensation Act to maritime workers who contract COVID-19, and for other purposes.
|
Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022
Longshore and Harbor Workers’ COVID–19 Compensation Act of 2021
|
Rep. Mrvan, Frank J.
|
D
|
IN
|
11,350
| 5,957
|
H.R.1622
|
Transportation and Public Works
|
Stop Underrides Act
This bill requires the installation of rear, side, and front underride guards on certain trucks and trailers.
Specifically, the Department of Transportation (DOT) must require the installation of rear, side, and front underride guards on the following
For rear and side underride guards, DOT must require adherence to a performance standard that requires the guards to be able to prevent intrusion from the body or frame of a trailer, semi-trailer, or truck into the passenger compartment of the motor vehicle that contacts the guard while traveling at 35 miles per hour.
In addition, DOT must require drivers to (1) conduct a pre-trip inspection of the underride protection system on their vehicles; (2) identify rusted metal compromising structural integrity, cracked welds, or missing or loose fasteners; and (3) complete any necessary repairs.
DOT must establish a Committee on Underride Protection to oversee the ongoing underride guard rulemaking process.
DOT must publish data on victims of truck underride crashes on a publicly accessible website and update such data quarterly.
|
To reduce the number of preventable deaths and injuries caused by
underride crashes, to improve motor carrier and passenger motor vehicle
safety, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Underrides Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) underride crashes involving passenger motor vehicles
striking and traveling underneath a truck or trailer are a
significant public health and safety threat;
(2) the National Highway Traffic Safety Administration has
reported that hundreds of preventable fatalities and life-
threatening injuries have occurred as a result of underride
crashes;
(3) the National Transportation Safety Board has
recommended the installation of rear, side, and front underride
guards on tractor-trailers and rear and side underride guards
on single unit trucks to improve passenger motor vehicle
safety; and
(4) this Act is introduced in the memory of the thousands
of victims of underride crashes, including--
(A) Roya Christine Sadigh, AnnaLeah Karth, Mary
Lydia Karth, Roderick Cota, Moonjohn Kim, Corey Moore,
Gregg Williams, Guy Champ Crawford, Carl Hall, Michael
Higginbotham, Sandra Maddamma, David Mathis, Mary
Katherine Mathis, James Mooney, Christopher Weigl, Bill
Zink, David Magnan, Jasen Swift, Samuel Sierra,
Brittany McHargue, Christopher Samuel Padilla, Riley
Hein, Erin Alexander, Jordan Hensley, Edward Hall,
Leslie Rosenberg, Sophie Rosenberg, and Ally Davis;
(B) those whose catastrophic injuries dramatically
changed their lives, including Julie Magnan, Nancy
Meuleners, Joshua Rojas, Maiv Yang, Anita Plantage
Bomgaars, and Michael B. Hawkins; and
(C) those whose precious lives were cut far too
short as a result of preventable underride crashes.
(b) Purposes.--The purposes of this Act are--
(1) to reduce the number of preventable deaths and injuries
caused by underride crashes; and
(2) to improve motor carrier and passenger motor vehicle
safety.
SEC. 3. DEFINITIONS.
Section 30102(a) of title 49, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``chapter--'' and inserting ``chapter:'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs
(2), (3), (4), (5), (7), (8), (9), (10), (11), (12), (15),
(20), and (22), respectively;
(3) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) `comprehensive underride protection system' means all
of the front underride guards, rear underride guards, or side
underride guards, as applicable, installed on a motor
vehicle.'';
(4) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) `front underride guard' means a device installed on
or near the front of a motor vehicle that prevents or limits
the distance that a vehicle struck by the vehicle with the
device will slide under the front of the striking vehicle.'';
(5) by inserting after paragraph (12) (as so redesignated)
the following:
``(13) `passenger motor vehicle' has the meaning given that
term in section 32101.
``(14) `rear underride guard' means a device installed on
or near the rear of a motor vehicle that prevents or limits the
distance that the front end of a vehicle striking the rear of
the vehicle with the device will slide under the rear of the
impacted vehicle.'';
(6) by inserting after paragraph (15) (as so redesignated)
the following:
``(16) `Secretary' means the Secretary of Transportation.
``(17) `semi-trailer' means a trailer, other than a pole
trailer, which is designed to rest upon, or be carried by, a
motor vehicle.
``(18) `side underride guard' means a device installed on
or near the side of a motor vehicle that prevents or limits the
distance that the front end of a vehicle striking the side of
the vehicle with the device will slide under the side of the
impacted vehicle.
``(19) `single unit truck' means a truck (excluding any
attached trailer).'';
(7) by inserting after paragraph (20) (as so redesignated)
the following:
``(21) `trailer' means a vehicle, with or without motive
power, that is designed--
``(A) to carry persons or property; and
``(B) to be drawn by a motor vehicle.'';
(8) by inserting ``The term'' after the paragraph
designation in each of paragraphs (1) through (22) (as so
redesignated); and
(9) in each of paragraphs (1) through (22) (as so
redesignated), by inserting a paragraph heading, the text of
which is comprised of the term defined in the paragraph.
SEC. 4. UNDERRIDE GUARD RULEMAKING.
(a) In General.--Subchapter II of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30129. Underride guards
``(a) Rear Underride Guards.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue a final
rule to require the installation of rear underride guards that
meet the performance standards described in paragraph (2) on--
``(A) any trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured on
or after the effective date of the rule;
``(B) any semi-trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured on
or after the effective date of the rule; and
``(C) any single unit truck--
``(i) the bottom of the carriage of which
is greater than 22 inches above the ground;
``(ii) with a gross vehicle weight rating
of 10,000 pounds or more; and
``(iii) that is manufactured on or after
the effective date of the rule.
``(2) Performance standards.--A rear underride guard shall
be considered to meet the performance standard referred to in
paragraph (1) if the rear underride guard is able to prevent
intrusion from the body or frame of a vehicle described in that
paragraph into the passenger compartment of a passenger motor
vehicle that contacts the guard while traveling at 35 miles per
hour, as verified through crash testing while attached to a
trailer, after--
``(A) an impact in which the passenger vehicle
impacts the center of the rear of the trailer, semi-
trailer, or single unit truck;
``(B) an impact in which 50 percent of the width of
the passenger vehicle overlaps the rear of the trailer,
semi-trailer, or single unit truck; and
``(C) an impact in which 30 percent of the width of
the passenger vehicle overlaps the rear of the trailer,
semi-trailer, or single unit truck.
``(3) Compliance date.--Compliance with the rule issued by
the Secretary under paragraph (1) shall be required beginning 1
year after the date on which the final rule is published in the
Federal Register.
``(b) Side Underride Guards.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue a final
rule requiring the installation of side underride guards that
meet the performance standards described in paragraph (2) on--
``(A) any trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured on
or after the effective date of the rule;
``(B) any semi-trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured on
or after the effective date of the rule; and
``(C) any single unit truck--
``(i) the bottom of the carriage of which
is greater than 22 inches above the ground;
``(ii) with a gross vehicle weight rating
of 10,000 pounds or more; and
``(iii) that is manufactured on or after
the effective date of the rule.
``(2) Performance standards.--A side underride guard shall
be considered to meet the performance standards referred to in
paragraph (1) if the side underride guard is able to prevent
intrusion from the body or frame of a vehicle described in that
paragraph into the passenger compartment of a passenger motor
vehicle that contacts the guard while traveling 35 miles per
hour at any angle between 10 degrees and 90 degrees.
``(3) Compliance date.--Compliance with the rule issued by
the Secretary under paragraph (1) shall be required beginning
on the date that is 1 year after the date on which the final
rule is published in the Federal Register.
``(c) Front Underride Guards.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue a final
rule requiring the installation of front underride guards on--
``(A) any semi-truck with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured on
or after the effective date of the rule; and
``(B) any single unit truck--
``(i) the bottom of the carriage of which
is greater than 22 inches above the ground;
``(ii) with a gross vehicle weight rating
of 10,000 pounds or more; and
``(iii) that is manufactured on or after
the effective date of the rule.
``(2) Compliance date.--Compliance with the rule issued by
the Secretary under paragraph (1) shall be required beginning
on the date that is 1 year after the date on which the final
rule is published in the Federal Register.
``(3) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall--
``(A) complete research on equipping the vehicles
described in paragraph (1) with a front underride guard
to prevent trucks from overriding the passenger
vehicle; and
``(B) submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report on
the research described in subparagraph (A).
``(d) Inspection and Repair Requirements.--
``(1) Post-accident inspections.--To ensure that all
trailers, semi-trailers, and single unit trucks are maintained
in safe and proper operating condition at all times, the
Secretary shall require that any trailer, semi-trailer, or
single unit truck involved in an accident (as defined in
section 390.5 of title 49, Code of Federal Regulations (or a
successor regulation)) undergo and pass an inspection described
in appendix G to subchapter B of chapter III of title 49, Code
of Federal Regulations (or successor regulations), to certify
that all components of the trailer, semi-trailer, or single
unit truck, as applicable, are in safe and proper operating
condition.
``(2) Pre-trip inspections.--The Secretary shall require
drivers--
``(A) to conduct a pre-trip inspection of the
comprehensive underride protection system required
under this section on their trailer, semi-trailer, or
single unit truck--
``(i) to identify--
``(I) any metal perforated by rust
or corrosion that compromises
structural integrity;
``(II) cracked welds;
``(III) cracked or fractured
vertical members;
``(IV) cuts and tears in any
underride guard; and
``(V) missing fasteners and loose
fasteners; and
``(ii) to ensure the dimensional integrity
of those guards;
``(B) to include the results of the inspection
described in subparagraph (A) in the driver vehicle
inspection report; and
``(C) to complete any necessary repairs to, or
replacement of, the underride protection system before
the vehicle is operated.''.
(b) Clerical Amendment.--The chapter analysis for chapter 301 of
title 49, United States Code, is amended by striking the item relating
to section 30128 and inserting the following:
``30128. Vehicle rollover prevention and crash mitigation.
``30129. Underride guards.''.
(c) Rulemakings.--The Secretary of Transportation shall amend--
(1) sections 396.11 and 396.13 of title 49, Code of Federal
Regulations, in accordance with section 30129(d)(2) of title
49, United States Code (as added by subsection (a));
(2) section 396.17 of title 49, Code of Federal
Regulations, to include a requirement that motor carriers and
intermodal equipment providers include an inspection of the
comprehensive underride protection system (as defined in
section 30102(a) of title 49, United States Code) of the
commercial motor vehicle in a periodic inspection required
under section 396.17 of title 49, Code of Federal Regulations;
(3) section 392.7 of title 49, Code of Federal Regulations,
to include the comprehensive underride protection system (as
defined in section 30102(a) of title 49, United States Code) in
the list of parts and accessories and components required to be
in good working order under each of subsections (a) and (b) of
section 392.7 of title 49, Code of Federal Regulations; and
(4) appendix G to subchapter B of chapter III of title 49,
Code of Federal Regulations--
(A) by redesignating paragraphs 6 (relating to safe
loading) through 14 (relating to motorcoach seats) as
paragraphs 7 through 15, respectively; and
(B) by inserting after paragraph 5 (relating to
lighting devices) the following:
``6. Rear impact guards and rear end protection.--Any
trailer or semitrailer required under section 393.86 to be
equipped with a rear impact guard or rear end protection--
``(A) that does not meet the requirements under
section 393.86;
``(B) that--
``(i) is missing; or
``(ii) has--
``(I) any metal perforated by rust
or corrosion that compromises
structural integrity;
``(II) a cracked weld;
``(III) a cracked or fractured
vertical member;
``(IV) a cut or tear in any
underride guard component; or
``(V) a missing fastener or a loose
fastener; or
``(C) for which the dimensional integrity of the
guard or protection is compromised.''.
SEC. 5. RESEARCH AND PERIODIC REVIEW OF UNDERRIDE GUARD STANDARDS.
(a) Request for Proposals.--As soon as practicable, the Secretary
of Transportation (referred to in this section as the ``Secretary'')
shall issue a Request for Proposals for the design of 2 high-capacity
rear underride barrier prototypes of a generic guard (with energy
absorption and without energy absorption) to prevent underride crashes
and protect motor vehicle passengers against severe injury at crash
speeds of up to 65 miles per hour.
(b) Evaluation.--The Secretary shall--
(1) evaluate the proposals received in response to the
Request for Proposals issued pursuant to subsection (a); and
(2) update the underride guard standards under section
30129 of title 49, United States Code (as added by section
4(a)), as appropriate, to provide the best underride protection
that is technologically feasible.
(c) Periodic Reviews.--
(1) In general.--Not later than 5 years after the underride
guard standards are updated pursuant to subsection (b)(2), and
every 5 years thereafter, the Secretary shall--
(A) conduct a review of underride guard standards
to evaluate the need for changes in response to
advancements in technology; and
(B) update the standards accordingly.
(2) Report.--After each review conducted under this
section, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report on the
results of the review.
SEC. 6. COMMITTEE ON UNDERRIDE PROTECTION.
(a) Establishment.--The Secretary of Transportation shall establish
the Committee on Underride Protection (referred to in this section as
the ``Committee'') to oversee the ongoing underride rulemaking process.
(b) Representation.--The Committee shall be composed of--
(1) 1 representative of truck manufacturers;
(2) 1 representative of trailer manufacturers;
(3) 1 roadside inspector;
(4) 1 motor vehicle engineer, who shall be a technician who
works on motor vehicle safety improvements;
(5) 1 motor vehicle crash reconstructionist;
(6) 2 representatives of consumer-oriented traffic safety
organizations;
(7) 1 representative of the truck and auto insurance
industry;
(8) 1 law enforcement crash investigator;
(9) 1 emergency medical service provider;
(10) 1 public health or injury prevention professional; and
(11) at least 4 people whose families have been impacted by
an underride crash.
(c) Meetings.--The Committee shall meet--
(1) until the final rules have been issued pursuant to
section 30129 of title 49, United States Code (as added by
section 4(a))--
(A) monthly, via conference call; and
(B) quarterly, in person, at the Department of
Transportation headquarters; and
(2) subsequent to the issuance of the final rules described
in paragraph (1), annually, at the Department of Transportation
headquarters, to assess the status of underride crash
protection.
(d) Annual Report.--The Committee shall submit an annual report to
the appropriate congressional committees that describes the progress
made by the Secretary of Transportation in meeting the rulemaking
deadlines set forth in section 30129 of title 49, United States Code
(as added by section 4(a)).
SEC. 7. PUBLICATION OF VICTIMS OF TRUCK UNDERRIDE CRASHES.
The Secretary of Transportation shall--
(1) publish data on victims of truck underride crashes on a
publicly accessible website; and
(2) update the data described in paragraph (1) not less
frequently than quarterly.
<all>
|
Stop Underrides Act
|
To reduce the number of preventable deaths and injuries caused by underride crashes, to improve motor carrier and passenger motor vehicle safety, and for other purposes.
|
Stop Underrides Act
|
Rep. Cohen, Steve
|
D
|
TN
|
11,351
| 13,630
|
H.R.1354
|
Public Lands and Natural Resources
|
Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act
This bill directs the Department of the Interior to conduct a special resource study of the coastline and adjacent areas to the Santa Monica Bay from Will Rogers State Beach to Torrance Beach, including the areas in and around Ballona Creek and Baldwin Hills and the San Pedro section of Los Angeles, excluding the Port of Los Angeles north of Crescent Avenue.
Interior shall (1) evaluate the national significance of the study area, and (2) determine the suitability and feasibility of designating it as a unit of the National Park System.
|
To direct the Secretary of the Interior to conduct a special resource
study of portions of the Los Angeles coastal area in the State of
California to evaluate alternatives for protecting the resources of the
coastal area, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Monica Mountains National
Recreation Area Boundary Adjustment Study Act''.
SEC. 2. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, CALIFORNIA.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means the
coastline and adjacent areas to the Santa Monica Bay from Will
Rogers State Beach to Torrance Beach, including the areas in
and around Ballona Creek and the Baldwin Hills and the San
Pedro section of the City of Los Angeles, excluding the Port of
Los Angeles north of Crescent Avenue.
(b) Special Resource Study.--
(1) Study.--The Secretary shall conduct a special resource
study of the study area.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) evaluate the national significance of the study
area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National
Park System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities,
or private and nonprofit organizations;
(D) consult with interested Federal agencies, State
or local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal
acquisition, development, interpretation, operation,
and maintenance associated with the alternatives.
(3) Applicable law.--The study required under paragraph (1)
shall be conducted in accordance with section 100507 of title
54, United States Code.
(4) Report.--Not later than 3 years after the date on which
funds are first made available for the study under paragraph
(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report that
describes--
(A) the results of the study; and
(B) any conclusions and recommendations of the
Secretary.
<all>
|
Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act
|
To direct the Secretary of the Interior to conduct a special resource study of portions of the Los Angeles coastal area in the State of California to evaluate alternatives for protecting the resources of the coastal area, and for other purposes.
|
Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act
|
Rep. Lieu, Ted
|
D
|
CA
|
11,352
| 4,237
|
S.455
|
Public Lands and Natural Resources
|
Wild Olympics Wilderness and Wild and Scenic Rivers Act
This bill designates (1) certain federal land in the Olympic National Forest in the state of Washington as wilderness and as components of the National Wilderness Preservation System; and (2) certain other land, identified on the same map as such proposed areas, as potential wilderness.
The bill designates as wild, scenic, or recreational rivers specified segments of the following rivers in the state of Washington
The Department of Agriculture may take necessary measures to control fire, insects, and diseases in the wilderness areas designated by this bill.
|
To designate and expand wilderness areas in Olympic National Forest in
the State of Washington, and to designate certain rivers in Olympic
National Forest and Olympic National Park as wild and scenic rivers,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wild Olympics Wilderness and Wild
and Scenic Rivers Act''.
SEC. 2. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS.
(a) In General.--In furtherance of the Wilderness Act (16 U.S.C.
1131 et seq.), the following Federal land in the Olympic National
Forest in the State of Washington comprising approximately 126,554
acres, as generally depicted on the map entitled ``Proposed Wild
Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8,
2019 (referred to in this section as the ``map''), is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Lost creek wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 7,159 acres, as
generally depicted on the map, which shall be known as the
``Lost Creek Wilderness''.
(2) Rugged ridge wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 5,956 acres, as
generally depicted on the map, which shall be known as the
``Rugged Ridge Wilderness''.
(3) Alckee creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,787 acres, as
generally depicted on the map, which shall be known as the
``Alckee Creek Wilderness''.
(4) Gates of the elwha wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 5,669
acres, as generally depicted on the map, which shall be known
as the ``Gates of the Elwha Wilderness''.
(5) Buckhorn wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 21,965
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Buckhorn Wilderness'',
as designated by section 3 of the Washington State Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).
(6) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 4,790
acres, as generally depicted on the map, which shall be known
as the ``Green Mountain Wilderness''.
(7) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,625
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``The Brothers
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(8) Mount skokomish wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,933
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Mount Skokomish
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(9) Wonder mountain wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 26,517
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Wonder Mountain
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(10) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 9,117
acres, as generally depicted on the map, which shall be known
as the ``Moonlight Dome Wilderness''.
(11) South quinault ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 10,887
acres, as generally depicted on the map, which shall be known
as the ``South Quinault Ridge Wilderness''.
(12) Colonel bob wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
353 acres, as generally depicted on the map, is incorporated
in, and shall be managed as part of, the ``Colonel Bob
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(13) Sam's river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 13,418 acres,
as generally depicted on the map, which shall be known as the
``Sam's River Wilderness''.
(14) Canoe creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,378 acres, as
generally depicted on the map, which shall be known as the
``Canoe Creek Wilderness''.
(b) Administration.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be
administered by the Secretary of Agriculture (referred to in
this section as the ``Secretary''), in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this Act.
(2) Map and description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
a map and a legal description of the land designated as
wilderness by subsection (a) with--
(i) the Committee on Natural Resources of
the House of Representatives; and
(ii) the Committee on Energy and Natural
Resources of the Senate.
(B) Effect.--Each map and legal description filed
under subparagraph (A) shall have the same force and
effect as if included in this Act, except that the
Secretary may correct minor errors in the map and legal
description.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall be filed
and made available for public inspection in the
appropriate office of the Forest Service.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 5,346
acres as identified as ``Potential Wilderness'' on the map, is
designated as potential wilderness.
(2) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) have terminated, the potential wilderness shall
be--
(A) designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) incorporated into the adjacent wilderness area.
(d) Adjacent Management.--
(1) No protective perimeters or buffer zones.--The
designations in this section shall not create a protective
perimeter or buffer zone around any wilderness area.
(2) Nonconforming uses permitted outside of boundaries of
wilderness areas.--Any activity or use outside of the boundary
of any wilderness area designated under this section shall be
permitted even if the activity or use would be seen or heard
within the boundary of the wilderness area.
(e) Fire, Insects, and Diseases.--The Secretary may take such
measures as are necessary to control fire, insects, and diseases, in
the wilderness areas designated by this section, in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
subject to such terms and conditions as the Secretary determines to be
appropriate.
SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the following:
``(231) Elwha river, washington.--The approximately 29.0-
mile segment of the Elwha River and tributaries from the source
to Cat Creek, to be administered by the Secretary of the
Interior as a wild river.
``(232) Dungeness river, washington.--The segment of the
Dungeness River from the headwaters to the State of Washington
Department of Natural Resources land in T. 29 N., R. 4 W., sec.
12, to be administered by the Secretary of Agriculture, except
that portions of the river within the boundaries of Olympic
National Park shall be administered by the Secretary of the
Interior, including the following segments of the mainstem and
major tributary the Gray Wolf River, in the following classes:
``(A) The approximately 5.8-mile segment of the
Dungeness River from the headwaters to the 2870 Bridge,
as a wild river.
``(B) The approximately 2.1-mile segment of the
Dungeness River from the 2870 Bridge to Silver Creek,
as a scenic river.
``(C) The approximately 2.7-mile segment of the
Dungeness River from Silver Creek to Sleepy Hollow
Creek, as a wild river.
``(D) The approximately 6.3-mile segment of the
Dungeness River from Sleepy Hollow Creek to the Olympic
National Forest boundary, as a scenic river.
``(E) The approximately 1.9-mile segment of the
Dungeness River from the National Forest boundary to
the State of Washington Department of Natural Resources
land in T. 29 N., R. 4 W., sec. 12, to be administered
as a recreational river through a cooperative
management agreement between the State of Washington
and the Secretary of Agriculture, as provided in
section 10(e).
``(F) The approximately 16.1-mile segment of the
Gray Wolf River from the headwaters to the 2870 Bridge,
as a wild river.
``(G) The approximately 1.1-mile segment of the
Gray Wolf River from the 2870 Bridge to the confluence
with the Dungeness River, as a scenic river.
``(233) Big quilcene river, washington.--The segment of the
Big Quilcene River from the headwaters to the City of Port
Townsend water intake facility, to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 4.4-mile segment from the
headwaters to the Buckhorn Wilderness boundary, as a
wild river.
``(B) The approximately 5.3-mile segment from the
Buckhorn Wilderness boundary to the City of Port
Townsend water intake facility, as a scenic river.
``(C) Section 7(a), with respect to the licensing
of dams, water conduits, reservoirs, powerhouses,
transmission lines, or other project works, shall apply
to the approximately 5-mile segment from the City of
Port Townsend water intake facility to the Olympic
National Forest boundary.
``(234) Dosewallips river, washington.--The segment of the
Dosewallips River from the headwaters to the private land in T.
26 N., R. 3 W., sec. 15, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 12.9-mile segment from the
headwaters to Station Creek, as a wild river.
``(B) The approximately 6.8-mile segment from
Station Creek to the private land in T. 26 N., R. 3 W.,
sec. 15, as a scenic river.
``(235) Duckabush river, washington.--The segment of the
Duckabush River from the headwaters to the private land in T.
25 N., R. 3 W., sec. 1, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 19.0-mile segment from the
headwaters to the Brothers Wilderness boundary, as a
wild river.
``(B) The approximately 1.9-mile segment from the
Brothers Wilderness boundary to the private land in T.
25 N., R. 3 W., sec. 1, as a scenic river.
``(236) Hamma hamma river, washington.--The segment of the
Hamma Hamma River from the headwaters to the eastern edge of
the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 3.1-mile segment from the
headwaters to the Mt. Skokomish Wilderness boundary, as
a wild river.
``(B) The approximately 5.8-mile segment from the
Mt. Skokomish Wilderness boundary to Lena Creek, as a
scenic river.
``(C) The approximately 6.8-mile segment from Lena
Creek to the eastern edge of the NW\1/4\ sec. 21, T. 24
N., R. 3 W., to be administered as a recreational river
through a cooperative management agreement between the
State of Washington and the Secretary of Agriculture,
as provided in section 10(e).
``(237) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 6.7-mile segment from the
headwaters to Church Creek, as a wild river.
``(B) The approximately 8.3-mile segment from
Church Creek to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from LeBar
Creek to upper end of gorge in the NW\1/4\ sec. 22, T.
22 N., R. 5 W., as a recreational river.
``(D) The approximately 6.0-mile segment from the
upper end of the gorge to the Olympic National Forest
boundary, as a scenic river.
``(238) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(239) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(240) Wynoochee river, washington.--The segment of the
Wynoochee River from the headwaters to the head of Wynoochee
Reservoir to be administered by the Secretary of Agriculture,
except that portions of the river within the boundaries of
Olympic National Park shall be administered by the Secretary of
the Interior, in the following classes:
``(A) The approximately 2.5-mile segment from the
headwaters to the boundary of the Wonder Mountain
Wilderness, as a wild river.
``(B) The approximately 7.4-mile segment from the
boundary of the Wonder Mountain Wilderness to the head
of Wynoochee Reservoir, as a recreational river.
``(241) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 7.4-mile segment from the
headwaters to the Moonlight Dome Wilderness boundary,
as a wild river.
``(B) The approximately 10.3-mile segment from the
Moonlight Dome Wilderness boundary to the Olympic
National Forest boundary, as a scenic river.
``(242) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork Humptulips
River from the headwaters to the Olympic National Forest
Boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(243) Quinault river, washington.--The segment of the
Quinault River from the headwaters to private land in T. 24 N.,
R. 8 W., sec. 33, to be administered by the Secretary of the
Interior, in the following classes:
``(A) The approximately 16.5-mile segment from the
headwaters to Graves Creek, as a wild river.
``(B) The approximately 6.7-mile segment from
Graves Creek to Cannings Creek, as a scenic river.
``(C) The approximately 1.0-mile segment from
Cannings Creek to private land in T. 24 N., R. 8 W.,
sec. 33, as a recreational river.
``(244) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
except that portions of the river outside the boundaries of
Olympic National Park shall be administered by the Secretary of
Agriculture, including the following segments of the mainstem
and certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of the
Queets River from the headwaters to the confluence with
Sams River, as a wild river.
``(B) The approximately 16.0-mile segment of the
Queets River from the confluence with Sams River to the
Olympic National Park boundary, as a scenic river.
``(C) The approximately 15.7-mile segment of the
Sams River from the headwaters to the confluence with
the Queets River, as a scenic river.
``(D) The approximately 17.7-mile segment of
Matheny Creek from the headwaters to the confluence
with the Queets River, to be administered as a scenic
river through a cooperative management agreement
between the State of Washington and the Secretary of
Agriculture, as provided in section 10(e).
``(245) Hoh river, washington.--The segment of the Hoh
River and the major tributary South Fork Hoh from the
headwaters to Olympic National Park boundary, to be
administered by the Secretary of the Interior, in the following
classes:
``(A) The approximately 20.7-mile segment of the
Hoh River from the headwaters to Jackson Creek, as a
wild river.
``(B) The approximately 6.0-mile segment of the Hoh
River from Jackson Creek to the Olympic National Park
boundary, as a scenic river.
``(C) The approximately 13.8-mile segment of the
South Fork Hoh River from the headwaters to the Olympic
National Park boundary, as a wild river.
``(D) The approximately 4.6-mile segment of the
South Fork Hoh River from the Olympic National Park
boundary to the Washington State Department of Natural
Resources boundary in T. 27 N., R. 10 W., sec. 29, to
be administered as a recreational river through a
cooperative management agreement between the State of
Washington and the Secretary of Agriculture, as
provided in section 10(e).
``(246) Bogachiel river, washington.--The approximately
25.6-mile segment of the Bogachiel River from the source to the
Olympic National Park boundary, to be administered by the
Secretary of the Interior, as a wild river.
``(247) South fork calawah river, washington.--The segment
of the South Fork Calawah River and the major tributary Sitkum
River from the headwaters to Hyas Creek to be administered by
the Secretary of Agriculture, except those portions of the
river within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, including the
following segments in the following classes:
``(A) The approximately 15.7-mile segment of the
South Fork Calawah River from the headwaters to the
Sitkum River, as a wild river.
``(B) The approximately 0.9-mile segment of the
South Fork Calawah River from the Sitkum River to Hyas
Creek, as a scenic river.
``(C) The approximately 1.6-mile segment of the
Sitkum River from the headwaters to the Rugged Ridge
Wilderness boundary, as a wild river.
``(D) The approximately 11.9-mile segment of the
Sitkum River from the Rugged Ridge Wilderness boundary
to the confluence with the South Fork Calawah, as a
scenic river.
``(248) Sol duc river, washington.--The segment of the Sol
Duc River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
including the following segments of the mainstem and certain
tributaries in the following classes:
``(A) The approximately 7.0-mile segment of the Sol
Duc River from the headwaters to the end of Sol Duc Hot
Springs Road, as a wild river.
``(B) The approximately 10.8-mile segment of the
Sol Duc River from the end of Sol Duc Hot Springs Road
to the Olympic National Park boundary, as a scenic
river.
``(C) The approximately 14.2-mile segment of the
North Fork Sol Duc River from the headwaters to the
Olympic Hot Springs Road bridge, as a wild river.
``(D) The approximately 0.2-mile segment of the
North Fork Sol Duc River from the Olympic Hot Springs
Road bridge to the confluence with the Sol Duc River,
as a scenic river.
``(E) The approximately 8.0-mile segment of the
South Fork Sol Duc River from the headwaters to the
confluence with the Sol Duc River, as a scenic river.
``(249) Lyre river, washington.--The approximately 0.2-mile
segment of the Lyre River from Lake Crescent to the Olympic
National Park boundary, to be administered by the Secretary of
the Interior as a scenic river.''.
(b) Effect.--The amendment made by subsection (a) does not affect
valid existing water rights.
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of enactment of this Act, the
Secretary of Agriculture shall, with respect to the
designations made under subsection (a) on lands under the
jurisdiction of the Secretary, incorporate such designations
into updated management plans for units of the National Forest
System in accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1) shall
be 5 years after the date of enactment of this Act if the
Secretary of Agriculture--
(A) is unable to meet the requirement under that
paragraph by the date specified in such paragraph; and
(B) not later than 3 years after the date of
enactment of this Act, includes in the Department of
Agriculture annual budget submission to Congress a
request for additional sums as may be necessary to meet
the requirement of that paragraph.
(3) Comprehensive management plan requirements.--Updated
management plans under paragraph (1) or (2) satisfy the
requirements under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
SEC. 4. EXISTING RIGHTS AND WITHDRAWAL.
(a) In General.--In accordance with section 12(b) of the Wild and
Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this Act or the
amendment made by section 3(a) affects or abrogates existing rights,
privileges, or contracts held by private parties, nor does this Act in
any way modify or direct the management, acquisition, or disposition of
land managed by the Washington Department of Natural Resources on
behalf of the State of Washington.
(b) Withdrawal.--Subject to valid existing rights, the Federal land
within the boundaries of the river segments designated by this Act and
the amendment made by section 3(a) is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 5. TREATY RIGHTS.
Nothing in this Act alters, modifies, diminishes, or extinguishes
the reserved treaty rights of any Indian Tribe with hunting, fishing,
gathering, and cultural or religious rights as protected by a treaty.
<all>
|
Wild Olympics Wilderness and Wild and Scenic Rivers Act
|
A bill to designate and expand wilderness areas in Olympic National Forest in the State of Washington, and to designate certain rivers in Olympic National Forest and Olympic National Park as wild and scenic rivers, and for other purposes.
|
Wild Olympics Wilderness and Wild and Scenic Rivers Act
|
Sen. Murray, Patty
|
D
|
WA
|
11,353
| 7,018
|
H.R.9622
|
Government Operations and Politics
|
Sustaining Tenth Amendment Truths for Every State Act of 2022 or the STATES Act of 2022
This bill provides that an action of a state agency taken pursuant to state law shall have effect within the state notwithstanding federal law to the contrary, if the federal law purports to apply under authority to create such law that is not explicitly delegated to the federal government within the stated words of the U.S. Constitution.
|
To ensure that within a State, an action of a State agency taken
pursuant to State law shall have effect notwithstanding any Federal law
to the contrary, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sustaining Tenth Amendment Truths
for Every State Act of 2022'' or as the ``STATES Act of 2022''.
SEC. 2. STATE AGENCY PREFERENCE.
(a) In General.--Within a State, an action of a State agency taken
pursuant to State law shall have effect notwithstanding any Federal law
to the contrary, if the Federal law purports to apply under authority
to create such law that is not specifically, unequivocally, and
explicitly delegated to the United States Government within the stated
words of the United States Constitution.
(b) State Defined.--In this Act, the term ``State'' means each of
the several States, the District of Columbia, each commonwealth,
territory or possession of the United States, and each federally
recognized Indian Tribe.
<all>
|
STATES Act of 2022
|
To ensure that within a State, an action of a State agency taken pursuant to State law shall have effect notwithstanding any Federal law to the contrary, and for other purposes.
|
STATES Act of 2022
Sustaining Tenth Amendment Truths for Every State Act of 2022
|
Rep. Gohmert, Louie
|
R
|
TX
|
11,354
| 3,676
|
S.2569
|
Labor and Employment
|
Domestic Workers Bill of Rights Act
This bill provides rights and protections for domestic workers (e.g., housekeepers, nannies, caretakers, personal assistants, and chauffeurs), including pay and leave rights, and health and safety protections.
Specifically, the bill repeals the exemption of domestic live-in employees from certain minimum wage and maximum hour requirements. Employers must provide written notice of termination and provide at least 30 days of lodging and two weeks of severance pay to terminated live-in employees. Live-in employees also must be provided with reasonable access to telephone and internet service during their employment.
The bill requires employers to provide domestic workers with a written agreement covering wages, sick leave, benefits, and other matters. Further, domestic workers may request and be granted changes to work schedules due to personal events.
The bill also provides domestic workers with certain privacy rights, extends to domestic workers protections against discrimination in employment, and increases the federal medical assistance percentage (FMAP) for certain Medicaid-funded medical services provided by domestic workers.
The Department of Labor must (1) award grants for a domestic worker national hotline for reporting emergencies, training on hazards facing domestic workers, and workforce investment activities for domestic workers; and (2) establish a Domestic Worker Wage and Standards Board to investigate standards in the domestic workers industry.
Labor must publish online a document that describes the rights and protections for domestic workers under this bill.
|
To enhance the rights of domestic workers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Domestic Workers
Bill of Rights Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--DOMESTIC WORKER RIGHTS AND PROTECTIONS
Subtitle A--Amendments to the Fair Labor Standards Act of 1938
Sec. 101. Overtime protections for live-in domestic employees.
Sec. 102. Live-in domestic employees termination notices and
communications.
Sec. 103. Enforcement.
Subtitle B--Domestic Worker Rights
Sec. 110. Written agreements.
Sec. 111. Earned sick days.
Sec. 112. Fair scheduling practices.
Sec. 113. Right to request and receive temporary changes to scheduled
work hours due to personal events.
Sec. 114. Privacy.
Sec. 115. Breaks for meals and rest.
Sec. 116. Unfair wage deductions for cash shortages, breakages, loss,
or modes of communication.
Sec. 117. Prohibited acts.
Sec. 118. Enforcement authority.
Sec. 119. Effect on existing employment benefits and other laws.
Subtitle C--Domestic Worker Health and Safety
Sec. 121. National domestic worker hotline.
Sec. 122. Access to health and safety.
Sec. 123. Occupational safety and health training grants.
Sec. 124. Workplace harassment survivor supports study.
Subtitle D--Amendment to Title VII of Civil Rights Act of 1964
Sec. 131. Including certain domestic workers in civil rights
protections against discrimination in
employment.
TITLE II--STANDARDS BOARD, BENEFITS, AND WORKFORCE INVESTMENT
Sec. 201. Domestic worker standards board.
Sec. 202. Domestic workers' benefits study.
Sec. 203. Workforce investment activities grants for domestic workers.
Sec. 204. Report on career pathways, training standards, and
apprenticeships for domestic workers.
TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS
Sec. 301. Definitions.
Sec. 302. Notice of domestic worker rights.
Sec. 303. Interagency Task Force on Domestic Workers Bill of Rights
Enforcement.
Sec. 304. National grant for community-based education, outreach, and
enforcement of domestic worker rights.
Sec. 305. Encouraging the use of fiscal intermediaries.
Sec. 306. J-1 Visa program.
Sec. 307. Application to domestic workers who provide Medicaid-funded
services.
Sec. 308. Delayed enforcement for government-funded programs.
TITLE IV--FUNDING
Sec. 401. Temporary increase in the Federal medical assistance
percentage for Medicaid-funded services
provided by domestic workers.
Sec. 402. Process for determining an increased FMAP to ensure a robust
homecare workforce under Medicaid.
Sec. 403. Authorization of appropriations.
TITLE V--SEVERABILITY
Sec. 501. Severability.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are an estimated 2,200,000 domestic workers
across the United States working in private homes to provide
home and personal care, child care, and house-cleaning
services.
(2) Domestic work is a job-enabling job that makes all
other work possible. It is labor that cannot be outsourced to
individuals abroad, nor is it close to being automated. Without
the millions of domestic workers caring for children, seniors,
and people with disabilities, and cleaning homes, much of the
economy would come to a standstill.
(3) During the COVID-19 pandemic, domestic work and other
low-wage service jobs, disproportionately held by women, women
of color, and immigrants, have been deemed essential. This
crisis has shown how essential these jobs have always been to
our economy. At great risk to the health of themselves and
their families, domestic workers have worked on the frontlines
of the pandemic to provide care to those more vulnerable to
COVID-19, seniors, and individuals with disabilities, and have
provided child care for the children of essential workers. A
study of Black immigrant domestic workers conducted by the
Institute for Policy Studies and the National Domestic Workers
Alliance in May and June of 2020 found that 25 percent of
workers surveyed experienced or lived with someone who has
experienced COVID-19 symptoms. 73 percent of such workers
surveyed indicated that they did not received personal
protective equipment (``PPE'') from their employers.
(4) Domestic workers experienced a rapid and sustained loss
of jobs during the COVID-19 pandemic, which exacerbated the
existing financial insecurity experienced by many domestic
workers. Surveys from the National Domestic Workers Alliance
and NDWA Labs between March and September 2020 found that for 6
consecutive months more than half of domestic workers surveyed
were unable to pay their rent or mortgage. Nearly \3/4\ of
workers surveyed did not receive any compensation when their
jobs were canceled.
(5) The employment of individuals in domestic service in
households affects commerce, as described in section 2(a) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a)).
(6) Domestic workers are hired or contacted for work by
phone, mail, or internet, or through newspaper ads, and travel
to work through transportation on interstate highways,
interstate transit, or vehicles in interstate commerce.
(7) In 2019, the Bureau of Labor Statistics predicted that
between 2019 and 2029--
(A) the number of new jobs for home health and
personal care aides will increase by 34 percent, which
is an increase of 1,159,500 jobs and the largest
increase in new jobs of any occupational category
during such period; and
(B) the number of new jobs for child care and house
cleaning positions will increase by 6 to 7 percent.
(8) The COVID-19 pandemic has increased the demand for in-
home child care. According to the Center for Translational
Neuroscience, the percentage of parents reporting use of home-
based child care has grown since the onset of the pandemic from
27 percent to 31 percent.
(9) An increasing number of workers, including domestic
workers, are finding work on online platforms. An analysis from
the JPMorgan Chase Institute found that between 2013 and 2018,
the percentage of adults that had earned income from online
platforms increased from 0.3 percent to 1.5 percent.
(10) 9 out of 10 domestic workers are women, and such women
are disproportionately people of color and immigrants. Women,
people of color, and immigrants have historically faced
barriers to employment and economic advancement. According to
the Economic Policy Institute, domestic workers also tend to be
older than other workers. 2 in 5 domestic workers are age 50 or
older, while just \1/3\ of all other workers are at least 50
years old.
(11) Domestic workers are paid low wages, can be subjected
to workplace health and safety hazards, and face difficulties
saving for retirement. An Economic Policy Institute analysis of
data from the Current Population Survey indicates that the
average wage for a domestic worker is approximately $12 per
hour or $15,980 per year if working full-time. In practice, the
average wage for a domestic worker is less than such
approximation given that domestic work has largely been
negotiated in the informal labor market.
(12) Low-wage workers, including domestic workers,
experience high rates of minimum wage and overtime violations,
violations of laws related to workers' compensation and other
workplace benefits, and illegal retaliation. A 2017 study from
the Economic Policy Institute found that 2,400,000 workers--17
percent of the low-wage workforce--experiences wage theft. A
2009 report from the National Employment Law Project found that
employment in private homes was one of the 3 industries with
the highest rates of employment and labor law violations.
(13) A landmark study of domestic workers published in 2012
by the National Domestic Workers Alliance and the Center for
Urban Economic Development of the University of Illinois at
Chicago Data Center titled ``Home Economics: The Invisible and
Unregulated World of Domestic Work'' indicated poor working
conditions across the domestic workers industry. The findings
of such study included that--
(A) domestic workers have little control over their
working conditions, and employment is usually arranged
without a written contract;
(B) 35 percent of domestic workers interviewed
reported that they worked long hours without breaks in
the year immediately preceding the interview;
(C) 25 percent of live-in domestic workers had
responsibilities that prevented them from getting at
least 5 hours of uninterrupted sleep at night during
the week immediately preceding the interview; and
(D) 91 percent of domestic workers interviewed who
encountered problems with their working conditions in
the year immediately preceding the interview did not
complain about their working conditions because they
were afraid they would lose their job.
(14) The study described in paragraph (13) found that
domestic workers have little access to federally supported
employment benefits. For instance--
(A) less than 2 percent of such workers receive
retirement or pension benefits, and less than 9 percent
of such workers work for employers that collect payroll
taxes on wages paid to such workers to provide
eligibility for Social Security benefits; and
(B) 65 percent of such workers do not have health
insurance, and only 4 percent of such workers receive
employer-provided insurance, despite the fact that
domestic work is hazardous and often results in illness
or physical injuries.
(15) Compounding these challenges is the fact that many
domestic workers have been, and in many cases continue to be,
excluded from key provisions of labor and employment laws like
the Occupational Health and Safety Act of 1970 (29 U.S.C. 651
et seq.), and the National Labor Relations Act (29 U.S.C. 151
et seq.). Live-in domestic workers employed by private
households remain excluded from the overtime protections in the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
Minimum employee threshold rules, misclassification of domestic
workers as independent contractors, and exclusion of
independent contractors from coverage mean that most domestic
workers are also de facto excluded from Federal civil rights
protections, including protections under title VII of the Civil
Rights Act of 1964 (29 U.S.C. 2000e et seq.) and other laws.
(16) The International Labour Organization's Domestic
Workers Convention, adopted in 2011, calls for domestic workers
to have the right to freedom of association and collective
actions, protections against harassment, privacy rights, and
the right to be informed of conditions of employment. This
Convention also calls for the right of domestic workers to keep
their travel documents, the right to overtime compensation and
rest breaks, the right to minimum wage coverage, the right to
occupational safety and health protections, and mechanisms to
pursue complaints and ensure compliance with the law.
(17) The unique nature of their work, in private homes with
individuals and families, also often makes it difficult for
domestic workers to use Federal programs and policies to
improve their skills and training and to join together
collectively to negotiate better pay and working conditions.
(18) Many domestic workers are also vulnerable to
discrimination and sexual harassment. These issues are further
exacerbated by the unique working conditions faced by domestic
workers, such as isolation, poverty, immigration status, the
lack of familiarity with the law and legal processes, limited
networks for support, language barriers, and fear of
retaliation and deportation.
(19) Millions of older individuals, individuals with
disabilities, and families are increasingly relying on domestic
workers. By bringing domestic work out of the shadows and
creating incentives and investments that help raise wages and
standards for domestic workers, the Federal Government can lift
millions of the most vulnerable workers out of poverty, reduce
turnover due to poor working conditions, thereby enhancing
quality of care, and support the millions of working and
retired people of the United States who rely on them.
SEC. 3. DEFINITIONS.
(a) Fair Labor Standards Act Definitions.--In this Act--
(1) the terms ``commerce'', ``employ'', ``employee'',
``employer'', ``enterprise'', ``enterprise engaged in commerce
or in the production of goods for commerce'', ``goods'',
``person'', and ``State'' have the meanings given such terms in
section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203); and
(2) the term ``regular rate'' has the meaning given such
term in section 7(e) of such Act (29 U.S.C. 207(e)).
(b) Other Definitions.--In this Act:
(1) Career pathway.--The term ``career pathway'' has the
meaning given such term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(2) Child.--The term ``child''--
(A) means an individual who is under 18 years of
age; and
(B) includes an individual described in
subparagraph (A) who is--
(i) a biological, foster, or adopted child;
(ii) a stepchild;
(iii) a child of a domestic partner;
(iv) a legal ward; or
(v) a child of a person standing in loco
parentis.
(3) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(4) Domestic partner.--
(A) In general.--The term ``domestic partner'',
with respect to an individual, means another individual
with whom the individual is in a committed
relationship.
(B) Committed relationship defined.--The term
``committed relationship'' for purposes of subparagraph
(A)--
(i) means a relationship between 2
individuals, each at least 18 years of age, in
which both individuals share responsibility for
a significant measure of each other's common
welfare; and
(ii) includes any such relationship between
2 individuals, including individuals of the
same sex, that is granted legal recognition by
a State or political subdivision of a State as
a marriage or analogous relationship, including
a civil union or domestic partnership.
(5) Domestic services.--The term ``domestic services''--
(A) means services--
(i) of a household nature;
(ii) provided in interstate commerce; and
(iii) performed by an individual in or
about a private home (permanent or temporary);
and
(B) includes services performed by individuals such
as companions, babysitters, cooks, waiters, butlers,
valets, maids, housekeepers, nannies, nurses, janitors,
laundresses, caretakers, handymen, gardeners, home
health aides, personal care aides or assistants, and
chauffeurs of automobiles for family use.
(6) Domestic worker.--The term ``domestic worker''--
(A) means, except as provided in subparagraph (B),
an individual, including an employee, who is
compensated directly or indirectly for the performance
of domestic services; and
(B) does not include--
(i) an individual who is a family member,
friend, neighbor, or parent of a child and who
provides child care for the child in the
child's home;
(ii) any individual who is--
(I) an employee of a family child
care provider; or
(II) a family child care provider;
and
(iii) any employee described in section
13(a)(15) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)(15)).
(7) Domestic work hiring entity.--The term ``domestic work
hiring entity''--
(A) means any person who provides compensation
directly or indirectly to a domestic worker for the
performance of domestic services; and
(B) includes--
(i) a person acting directly or indirectly
in the interest of a hiring entity in relation
to a domestic worker; and
(ii) an employer of a domestic worker.
(8) Family child care provider.--The term ``family child
care provider'' means 1 or more individuals who provide child
care services, in a private residence other than the residence
of the child receiving the services, for fewer than 24 hours
per day for the child (unless the nature of the work of the
parent of the child requires 24-hour care).
(9) Medicaid hcbs-eligible elderly individual.--The term
``Medicaid HCBS-eligible elderly individual'' means an
individual who--
(A) is 65 years of age or older;
(B) is eligible for and enrolled for medical
assistance for any of the following services (whether
provided on a fee-for-service, risk, or other basis)
under a State Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) (including
any waiver or demonstration under such title or under
section 1115 of such Act (42 U.S.C. 1315) relating to
such title), and includes an individual who becomes
eligible for medical assistance under a State Medicaid
program when removed from a waiting list:
(i) Home health care services authorized
under paragraph (7) of section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)).
(ii) Personal care services authorized
under paragraph (24) of such section.
(iii) PACE services authorized under
paragraph (26) of such section.
(iv) Home and community-based services
authorized under subsections (b), (c), (i),
(j), and (k) of section 1915 of such Act (42
U.S.C. 1396n), such services authorized under a
waiver under section 1115 of such Act (42
U.S.C. 1315), and such services provided
through coverage authorized under section 1937
of such Act (42 U.S.C. 1396u-7).
(v) Case management services authorized
under section 1905(a)(19) of the Social
Security Act (42 U.S.C. 1396d(a)(19)) and
section 1915(g) of such Act (42 U.S.C.
1396n(g)).
(vi) Rehabilitative services, including
those related to behavioral health, described
in section 1905(a)(13) of such Act (42 U.S.C.
1396d(a)(13)).
(vii) Such other services specified by the
Secretary of Health and Human Services.
(10) Parent.--The term ``parent'', with respect to a parent
of a domestic worker, means a biological, foster, or adoptive
parent of a domestic worker, a stepparent of a domestic worker,
parent-in-law of a domestic worker, parent of a domestic
partner of a domestic worker, or a legal guardian or other
person who stood in loco parentis to the domestic worker when
the worker was a child.
(11) Personal care aide or assistant.--The term ``personal
care aide or assistant'' means an individual who provides
personal care services.
(12) Personal care services.--The term ``personal care
services'' means assistance provided to an individual who is
not an inpatient or resident of a hospital, nursing facility,
intermediate care facility for individuals with intellectual
disabilities, or institution for mental disease that enables
the recipient to accomplish activities of daily living or
instrumental activities of daily living.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(14) Self-directed care.--The term ``self-directed care'',
with respect to an individual, means services for the
individual that are planned and purchased under the direction
and control of the individual, including the amount, duration,
scope, provider, and location of the services.
(15) Shared living arrangement.--The term ``shared living
arrangement'' means a living arrangement involving--
(A) not more than 2 individuals who are an
individual with a disability or a Medicaid HCBS-
eligible elderly individual, except if 1 or more of the
individuals are related to each other (by blood or a
close association that is equivalent to a family
relationship);
(B) an individual providing services for
compensation and living in the private home of the
recipient of such services;
(C) an individual receiving funding through a State
Medicaid program under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.), or another publicly
funded program;
(D) a stipend or room and board as the primary form
of payment for the individual providing such services;
and
(E) the individual receiving such services having
the final decision regarding who is the provider of
such services living with the individual, through a
consumer-driven matching process that includes
relationship building, person-centered planning as
defined by the Administrator of the Centers for
Medicare & Medicaid Services, and an assessment of
individual compatibility.
(16) Spouse.--The term ``spouse'', with respect to a
domestic worker, has the meaning given such term by the
marriage laws of the State in which the marriage was
celebrated.
TITLE I--DOMESTIC WORKER RIGHTS AND PROTECTIONS
Subtitle A--Amendments to the Fair Labor Standards Act of 1938
SEC. 101. OVERTIME PROTECTIONS FOR LIVE-IN DOMESTIC EMPLOYEES.
Section 13(b)(21) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(b)(21)) is repealed.
SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND
COMMUNICATIONS.
(a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) is amended by inserting after section 7 (29 U.S.C. 207)
the following:
``SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND
COMMUNICATIONS.
``(a) Definition of Live-In Domestic Employee.--In this section,
the term `live-in domestic employee' means any employee who--
``(1) is employed in domestic service in a household and
resides in such household; and
``(2) in any workweek is engaged in commerce or in the
production of goods for commerce or is employed in an
enterprise engaged in commerce or in the production of goods
for commerce.
``(b) Notice of Termination for Live-In Domestic Employees.--
``(1) In general.--If an employer terminates the employment
of a live-in domestic employee, the employer shall, except as
provided in paragraph (3), provide the live-in domestic
employee with--
``(A) written notice of the termination not later
than 48 hours after such termination; and
``(B)(i) not less than 30 calendar days of lodging
at--
``(I) the household premises of the
employer, as customarily provided by the
employer; or
``(II) another premise of a comparable
lodging condition; or
``(ii) severance pay in an amount equivalent to the
average earnings of the live-in domestic employee for 2
weeks of employment during the preceding 6 months.
``(2) Off-site lodging or severance.--If an employer
chooses to provide a live-in domestic employee who is
terminated, as described in paragraph (1), lodging described in
paragraph (1)(B)(i)(II) or severance pay described in paragraph
(1)(B)(ii), the employer shall allow the live-in domestic
employee not less than 48 hours after the notice provided under
paragraph (1)(A) to vacate the household of the employer.
``(3) Exception.--
``(A) In general.--The requirements under paragraph
(1) shall not be required in a case involving a good
faith allegation described in subparagraph (B) that the
live-in domestic employee has engaged in abuse or
neglect, or caused any other harmful conduct, against
the employer, any member of the family of the employer,
or any individual residing in the household of the
employer.
``(B) Good faith allegations.--A good faith
allegation described in this subparagraph shall be--
``(i) made in writing and provided to the
employee not later than 48 hours after the
employer has knowledge of the conduct of the
employee;
``(ii) supported by a reasonable basis and
belief; and
``(iii) made without reckless disregard or
willful ignorance of the truth.
``(c) Communications for Live-In Domestic Employees.--
``(1) In general.--If an employer requires an employee to
be a live-in domestic employee, the employer shall--
``(A) provide the employee with the ability, and
reasonable opportunity, to access telephone and
internet services in accordance with paragraph (2); and
``(B) without interference by the employer, permit
the employee to send and receive communications by text
message, social media, electronic or regular mail, and
telephone calls.
``(2) Telephone and internet services.--
``(A) Employer with services.--If an employer
requires an employee to be a live-in domestic employee
and has telephone or internet services for the
household of the employer, the employer shall provide
the live-in domestic employee with reasonable access to
such services without charge to the employee.
``(B) Employer without services.--If an employer
requires an employee to be a live-in domestic employee
and does not have telephone or internet services for
the household of the employer, the employer--
``(i) shall provide the live-in domestic
employee with a reasonable opportunity to
access such services at another location; and
``(ii) shall not be required to pay for
such services.''.
(b) Conforming Amendment.--Section 10 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 210) is repealed.
SEC. 103. ENFORCEMENT.
(a) Prohibited Act.--Section 15(a) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 215(a)) is amended--
(1) in paragraph (5), by striking the period and inserting
``; and''; and
(2) by adding at the end the following:
``(6) to violate any provision of section 8, including any
regulation or order issued by the Secretary under that
section.''.
(b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended--
(1) in subsection (b), by inserting ``Any employer who
violates section 8(b) shall be liable to the employee affected
in an amount of severance pay that is calculated, with respect
to the employee, in accordance with section 8(b)(1)(B)(ii), and
in an additional equal amount as liquidated damages. Any
employer who violates section 8(c) shall be liable to the
employee affected in an amount that is not to exceed $2,000 for
each violation.'' after the third sentence; and
(2) in subsection (c), by adding at the end the following:
``The authority and requirements described in this subsection
shall also apply with respect to a violation of section 8, as
appropriate, and the employer shall be liable for the amounts
described in subsection (b) for violations of such section.''.
(c) Injunction Proceedings.--Section 17 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 217) is amended by striking ``(except sums'' and
inserting ``and in the case of violations of section 15(a)(6) the
restraint of any withholding of severance pay and other damages found
by the court to be due to employees under this Act (except, in either
case, sums''.
(d) Statute of Limitations.--Section 6 of the Portal-to-Portal Act
of 1947 (29 U.S.C. 255) is amended, in the matter preceding subsection
(a), by inserting ``(and any cause of action to enforce section 8 of
such Act)'' after ``under the Fair Labor Standards Act of 1938, as
amended''.
Subtitle B--Domestic Worker Rights
SEC. 110. WRITTEN AGREEMENTS.
(a) Covered Domestic Worker.--In this section, the term ``covered
domestic worker'' means any domestic worker to whom the domestic work
hiring entity expects to provide compensation for the performance of
domestic services by the domestic worker for not less than 8 hours per
week.
(b) Requirement.--Each domestic work hiring entity shall provide a
written agreement in accordance with this section to each covered
domestic worker hired by the entity.
(c) Written Agreement Requirements.--
(1) In general.--A written agreement required under this
section shall--
(A) be signed and dated by the covered domestic
worker and the domestic work hiring entity;
(B) be written in a language easily and fully
understood by the covered domestic worker and the
domestic work hiring entity, which may be in multiple
languages if the worker and the entity do not easily
and fully understand the same language; and
(C) include the contents described in subsection
(d).
(2) Copy.--A copy of the written agreement required under
this section shall be provided to the covered domestic worker
not later than 5 calendar days after the date on which the
covered domestic worker is hired by the domestic work hiring
entity.
(d) Contents of the Written Agreement.--
(1) In general.--The contents described in this subsection
shall include each of the following:
(A) The full name, address, and contact information
of the domestic work hiring entity, including, as
appropriate, any ``doing business as'' name of the
entity and the name of each individual of the domestic
work hiring entity who will be doing business with the
covered domestic worker.
(B) The address for the location where the covered
domestic worker will be providing domestic services for
the domestic work hiring entity.
(C) All responsibilities to be performed by the
covered domestic worker for the domestic work hiring
entity, and the regularity in which such
responsibilities are to be performed.
(D) The regular rate of pay of the covered domestic
worker for any work week, including any overtime
compensation due.
(E) The day of the week when the covered domestic
worker will be paid.
(F) The required working hours for any work week,
including--
(i) the time of day and day of week the
work of the covered domestic worker begins;
(ii) meal and rest breaks described in
section 115;
(iii) time off;
(iv) the work schedule of the worker at the
time of hire, including--
(I) the time of day and the days of
the week the covered domestic worker
will be expected to work for the
domestic work hiring entity each week;
or
(II) if the time of day or the days
of the week that the domestic worker
will be expected to work for the
domestic work hiring entity will vary
from week to week, information
regarding a good faith estimate of the
days and hours for which the covered
domestic worker will be expected to
work for the domestic work hiring
entity each week, including, at
minimum--
(aa) the average number of
hours the covered domestic
worker will be expected to work
for the domestic work hiring
entity each week during a
typical 90-day period;
(bb) whether the covered
domestic worker can expect to
work any on-call shifts, as
defined in paragraph (3), for
the domestic work hiring
entity;
(cc) a subset of days the
covered domestic worker can
typically expect to work (or to
be scheduled as off from work)
for the domestic work hiring
entity; and
(dd) the amount of notice
that the domestic work hiring
entity will provide to the
domestic worker in advance of
scheduled work hours (as
defined in section 112(a)),
which shall not be less than 72
hours before such scheduled
work hours are to begin (except
during a period described in
subparagraph (A) of section
112(e)(1), in a case described
in subparagraph (B) of section
112(e)(1), or in the case of a
shared living arrangement), and
the manner in which such notice
shall be provided;
(v) the reporting time pay policy described
in section 112(c); and
(vi) the right to request and receive a
change to scheduled work hours due to personal
events as described in section 113.
(G) If applicable, any policies of the domestic
work hiring entity with respect to the covered domestic
worker for paying for or providing reimbursement for--
(i) health insurance;
(ii) transportation, meals, or lodging; and
(iii) any fees or costs associated with the
domestic services provided by the covered
domestic worker for the entity.
(H) If applicable, any policies of the domestic
work hiring entity with respect to the covered domestic
worker for--
(i) annual or other pay increases;
(ii) severance pay; and
(iii) providing materials or equipment
related to the performance of domestic service
by the covered domestic worker, including (if
applicable) any cleaning supplies provided by
the entity.
(I) Information about policies, procedures, and
equipment related to safety and emergencies.
(J) The policy of the domestic work hiring entity
pertaining to notice of termination of the covered
domestic worker by the domestic work hiring entity.
(K) In the case of a covered domestic worker who
resides in the household of the person for whom the
domestic worker provides domestic services--
(i) the circumstances under which the
domestic work hiring entity may enter the
designated living space of the domestic worker;
(ii) the circumstances under which the
covered domestic worker, in a shared living
arrangement, may enter the designated living
space of the domestic work hiring entity; and
(iii) a description of certain
circumstances the domestic work hiring entity
determines as cause for--
(I) immediate termination of the
covered domestic worker; and
(II) subject (as applicable) to
section 8(b) of the Fair Labor
Standards Act of 1938, removal of the
covered domestic worker from the
household of the person for whom the
worker provides domestic services not
later than 48 hours after notice of the
termination.
(L) Any additional benefits afforded to the covered
domestic worker by the domestic work hiring entity.
(M) The process for the covered domestic worker to
raise or address grievances with respect to, or
breaches of, the written agreement.
(N) The process used by the domestic work hiring
entity to change any policy described in subparagraphs
(A) through (M), including addressing additional
compensation if responsibilities are added to those
described in subparagraph (C), after the date on which
the written agreement is provided to the domestic
worker.
(2) Prohibitions.--A written agreement required under this
section may not--
(A) contain--
(i) a mandatory pre-dispute arbitration
agreement for claims made by a covered domestic
worker against a domestic work hiring entity
regarding the legal rights of the worker; or
(ii) a non-disclosure agreement, non-
compete agreement, or non-disparagement
agreement, limiting the ability of the covered
domestic worker to seek compensation for
performing domestic services after the worker
ceases to receive compensation from the
domestic work hiring entity for the performance
of domestic services; and
(B) be construed to waive the rights or protections
of a domestic worker under Federal, State, or local
law.
(3) Definition of on-call shift.--For purposes of paragraph
(1)(F)(iv)(II)(bb), the term ``on-call shift'' means any time a
domestic work hiring entity expects a covered domestic worker
to--
(A) be available to work; and
(B) wait to contact, or be contacted by, the
domestic work hiring entity, or a designee of the
entity, to determine whether the worker shall report to
work during such time.
(e) Timing.--
(1) Initial agreement.--A domestic work hiring entity shall
provide a written agreement required under this section--
(A) to each covered domestic worker hired after the
date of enactment of this Act, prior to the first day
the worker performs domestic services for the entity;
and
(B) to each covered domestic worker hired on or
prior to the date of enactment of this Act, 90 days
after such date of enactment.
(2) Subsequent agreements.--Not later than 30 calendar days
after the date on which a domestic work hiring entity makes a
change to a written agreement provided to a covered domestic
worker under this section, the domestic work hiring entity
shall provide the domestic worker with an updated agreement in
accordance with this section.
(f) Records.--A domestic work hiring entity that is required to
provide a written agreement under this section to a covered domestic
worker shall retain such agreement for a period of not less than 3
years from the date on which the covered domestic worker is no longer
working for the entity.
(g) Model Written Agreements.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish and make
available templates for model written agreements under this
section.
(2) Requirements.--A model written agreement required under
paragraph (1) shall--
(A) be available in multiple languages commonly
understood by domestic workers, including all languages
in which the Secretary, acting through the
Administrator of the Wage and Hour Division, translates
the basic information fact sheet published by the
Administrator; and
(B) not include any agreement described in
subsection (d)(2)(A).
SEC. 111. EARNED SICK DAYS.
(a) Definitions.--In this section:
(1) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the
reference in such section to the term ``jurisdiction receiving
grant monies'' shall be deemed to mean the jurisdiction in
which the victim lives or the jurisdiction in which the
domestic work hiring entity involved is located. Such term also
includes dating violence, as that term is defined in such
section.
(2) Domestic worker.--The term ``domestic worker'' means a
domestic worker, as defined in section 3(b), other than an
individual providing assistance through a shared living
arrangement.
(3) Domestic work hiring entity.--The term ``domestic work
hiring entity''--
(A) means such a domestic work hiring entity, as
defined in section 3(b), except that for purposes of
this subparagraph, a reference in that section to a
domestic worker shall be considered a domestic worker
as defined in paragraph (2); and
(B) includes any predecessor of a hiring entity
described in subparagraph (A).
(4) Employment.--The term ``employment'' includes service
as a domestic worker.
(5) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to domestic
workers by a domestic work hiring entity, including group life
insurance, health insurance, disability insurance, sick leave,
annual leave, educational benefits, and pensions, regardless of
whether such benefits are provided by a practice or written
policy of a domestic work hiring entity or through an
``employee benefit plan'', as defined in section 3(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(3)).
(6) Health care provider.--The term ``health care
provider'' means a provider who--
(A) is described in section 825.125 of title 29,
Code of Federal Regulations; and
(B) is not employed by a domestic work hiring
entity for whom the provider issues certification under
this section.
(7) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that can be earned by a domestic
worker for use during an absence from employment for any of the
reasons described in subparagraphs (A) through (D) of
subsection (b)(2).
(8) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)).
(9) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12291(a)).
(10) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, sexual assault, or stalking or advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence, sexual assault, or stalking
prevention or treatment program, an organization operating a
shelter or providing counseling services, or a legal services
organization or other organization providing assistance through
the legal process.
(b) Earned Paid Sick Time.--
(1) Earning of time.--
(A) In general.--A domestic work hiring entity
shall provide each domestic worker employed by the
hiring entity not less than 1 hour of earned paid sick
time for every 30 hours worked, to be used as described
in paragraph (2). A domestic work hiring entity shall
not be required to permit a domestic worker to earn,
under this subsection, more than 56 hours of paid sick
time in a year, unless the hiring entity chooses to set
a higher limit.
(B) Dates for beginning to earn paid sick time and
use.--Domestic workers shall begin to earn and be
entitled to use earned paid sick time under this
subsection at the commencement of their employment. A
domestic work hiring entity may, at the discretion of
the hiring entity, loan paid sick time to a domestic
worker for use by such domestic worker in advance of
the domestic worker earning such sick time as provided
in this paragraph and may permit use before the 60th
day of employment.
(C) Carryover.--
(i) In general.--Except as provided in
clause (ii), paid sick time earned under this
subsection shall carry over from one year to
the next.
(ii) Construction.--This section shall not
be construed to require a domestic work hiring
entity to permit a domestic worker to earn more
than 56 hours of earned paid sick time at a
given time.
(D) Hiring entities with existing policies.--Any
domestic work hiring entity with a paid leave policy
who makes available an amount of paid leave that is
sufficient to meet the requirements of this subsection
and that may be used for the same purposes and under
the same conditions as the purposes and conditions
outlined in paragraph (2) shall not be required to
permit a domestic worker to earn additional paid sick
time under this subsection.
(E) Construction.--Nothing in this subsection shall
be construed as requiring financial or other
reimbursement to a domestic worker from a domestic work
hiring entity upon the domestic worker's termination,
resignation, retirement, or other separation from
employment for earned paid sick time that has not been
used.
(F) Reinstatement.--If a domestic worker is
separated from employment with a domestic work hiring
entity and is rehired, within 12 months after that
separation, by the same hiring entity, the hiring
entity shall reinstate the domestic worker's previously
earned paid sick time. The domestic worker shall be
entitled to use the earned paid sick time and earn
additional paid sick time at the recommencement of
employment with the domestic work hiring entity.
(G) Prohibition.--A domestic work hiring entity may
not require, as a condition of providing paid sick time
under this subsection, that the domestic worker
involved search for or find a replacement to cover the
hours during which the domestic worker is using paid
sick time.
(2) Uses.--Paid sick time earned under this subsection may
be used by a domestic worker for any of the following:
(A) An absence resulting from a physical or mental
illness, injury, or medical condition of the domestic
worker.
(B) An absence resulting from obtaining
professional medical diagnosis or care, or preventive
medical care, for the domestic worker.
(C) An absence for the purpose of caring for a
child, a parent, a spouse, a domestic partner, or any
other individual related by blood or affinity whose
close association with the domestic worker is the
equivalent of a family relationship, who--
(i) has any of the conditions or needs for
diagnosis or care described in subparagraph (A)
or (B);
(ii) in the case of care for someone who is
a child, is the subject of a school meeting, or
a meeting at a place where the child is
receiving care necessitated by the child's
health condition or disability, that the
domestic worker is required to attend; or
(iii) is otherwise in need of care.
(D) An absence resulting from domestic violence,
sexual assault, or stalking, if the time is to--
(i) seek medical attention for the domestic
worker or a related person described in
subparagraph (C), to recover from physical or
psychological injury or disability caused by
domestic violence, sexual assault, or stalking;
(ii) obtain or assist a related person
described in subparagraph (C) in obtaining
services from a victim services organization;
(iii) obtain or assist a related person
described in subparagraph (C) in obtaining
psychological or other counseling;
(iv) seek or assist a related person in
seeking relocation; or
(v) take or assist a related person in
taking legal action, including preparing for or
participating in any civil or criminal legal
proceeding related to or resulting from
domestic violence, sexual assault, or stalking.
(3) Scheduling.--A domestic worker shall make a reasonable
effort to schedule a foreseeable period of paid sick time under
this subsection in a manner that does not unduly disrupt the
operations of the domestic work hiring entity.
(4) Procedures.--
(A) In general.--Paid sick time shall be provided
upon the oral or written request of a domestic worker.
Such request shall--
(i) include the expected duration of the
period of such time;
(ii) in a case in which the need for such
period of time is foreseeable at least 7 days
in advance of such period, be provided at least
7 days in advance of such period; and
(iii) otherwise, be provided as soon as
practicable after the domestic worker is aware
of the need for such period.
(B) Certification in general.--
(i) Provision.--
(I) In general.--Subject to clause
(iv), a domestic work hiring entity may
require that a request for paid sick
time under this subsection for a
purpose described in subparagraph (A),
(B), or (C) of paragraph (2) be
supported by a certification issued by
the health care provider of the
eligible domestic worker or of an
individual described in paragraph
(2)(C), as appropriate, if the period
of such time covers more than 3
consecutive workdays.
(II) Timeliness.--The domestic
worker shall provide a copy of such
certification to the domestic work
hiring entity in a timely manner, not
later than 30 days after the first day
of the period of time. The domestic
work hiring entity shall not delay the
commencement of the period of time on
the basis that the hiring entity has
not yet received the certification.
(ii) Sufficient certification.--A
certification provided under clause (i) shall
be sufficient if it states--
(I) the date on which the period of
time will be needed;
(II) the probable duration of the
period of time;
(III) the appropriate medical facts
within the knowledge of the health care
provider regarding the condition
involved, subject to clause (iii);
(IV) for purposes of paid sick time
under paragraph (2)(A), a statement
that absence from work is medically
necessary;
(V) for purposes of such time under
paragraph (2)(B), the dates on which
testing for a medical diagnosis or care
is expected to be given and the
duration of such testing or care; and
(VI) for purposes of such time
under paragraph (2)(C), in the case of
time to care for someone who is not a
child, a statement that care is needed
for an individual described in such
paragraph, and an estimate of the
amount of time that such care is needed
for such individual.
(iii) Limitation.--In issuing a
certification under clause (i), a health care
provider shall make reasonable efforts to limit
the medical facts described in clause (ii)(III)
that are disclosed in the certification to the
minimum necessary to establish a need for the
domestic worker to utilize paid sick time.
(iv) Regulations.--The Secretary shall
prescribe regulations that shall specify the
manner in which a domestic worker who does not
have health insurance shall provide a
certification for purposes of this
subparagraph.
(v) Confidentiality and nondisclosure.--
(I) Protected health information.--
Nothing in this section shall be
construed to require a health care
provider to disclose information in
violation of section 1177 of the Social
Security Act (42 U.S.C. 1320d-6) or the
regulations promulgated pursuant to
section 264(c) of the Health Insurance
Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note).
(II) Health information records.--
If a domestic work hiring entity
possesses health information about a
domestic worker or a related person
described in paragraph (2)(C), such
information shall--
(aa) be maintained on a
separate form and in a separate
file from other personnel
information;
(bb) be treated as a
confidential medical record;
and
(cc) not be disclosed
except to the affected domestic
worker or with the permission
of the affected domestic
worker.
(C) Certification in the case of domestic violence,
sexual assault, or stalking.--
(i) In general.--A domestic work hiring
entity may require that a request for paid sick
time under this subsection for a purpose
described in paragraph (2)(D) be supported by
any one of the following forms of
documentation, but the domestic work hiring
entity may not specify the particular form of
documentation to be provided:
(I) A police report indicating that
the domestic worker, or a related
person described in paragraph (2)(D),
was, for not less than 3 consecutive
days, a victim of domestic violence,
sexual assault, or stalking.
(II) A court order protecting or
separating the domestic worker or a
related person described in paragraph
(2)(D) from the perpetrator of an act
of domestic violence, sexual assault,
or stalking, or other evidence from the
court or prosecuting attorney that the
domestic worker or a related person
described in paragraph (2)(D) has
appeared in court or is scheduled to
appear in court in a proceeding related
to domestic violence, sexual assault,
or stalking.
(III) Other documentation signed by
an individual (who may be a volunteer)
working for a victim services
organization, an attorney, a police
officer, a medical professional, a
social worker, an antiviolence
counselor, or a member of the clergy,
affirming that the domestic worker or a
related person described in paragraph
(2)(D) is a victim of domestic
violence, sexual assault, or stalking.
(ii) Requirements.--The requirements of
subparagraph (B) shall apply to certifications
under this paragraph, except that--
(I) subclauses (III) through (VI)
of clause (ii) and clause (iii) of such
subparagraph shall not apply;
(II) the certification shall state
the reason that the leave is required
with the facts to be disclosed limited
to the minimum necessary to establish a
need for the domestic worker to be
absent from work, and the domestic
worker shall not be required to explain
the details of the domestic violence,
sexual assault, or stalking involved;
and
(III) with respect to
confidentiality under clause (v) of
such subparagraph, any information
provided to the domestic work hiring
entity under this subparagraph shall be
confidential, except to the extent that
any disclosure of such information is--
(aa) requested or consented
to in writing by the domestic
worker; or
(bb) otherwise required by
applicable Federal or State
law.
(c) Construction and Application.--
(1) Effect on other laws.--
(A) Federal and state antidiscrimination laws.--
Nothing in this section shall be construed to modify or
affect any Federal or State law prohibiting
discrimination on the basis of race, religion, color,
national origin, sex (including sexual orientation and
gender identity), age, disability, marital status,
familial status, or any other protected status.
(B) State and local laws.--Nothing in this section
shall be construed to supersede (including preempting)
any provision of any State or local law that provides
greater paid sick time or leave rights (including
greater amounts of paid sick time or leave, or greater
coverage of those eligible for paid sick time or leave)
than the rights established under this section.
(2) Effect on existing employment benefits.--
(A) More protective.--Nothing in this section shall
be construed to diminish the obligation of a domestic
work hiring entity to comply with any contract, any
collective bargaining agreement, or any employment
benefit program or plan that provides greater paid sick
leave or other leave rights to domestic workers than
the rights established under this section.
(B) Less protective.--The rights established for
domestic workers under this section shall not be
diminished by any contract, any collective bargaining
agreement, or any employment benefit program or plan.
(d) Effective Date.--This section, other than subsection
(b)(4)(B)(4), takes effect 2 years after the date of enactment of this
Act.
SEC. 112. FAIR SCHEDULING PRACTICES.
(a) Definition of Scheduled Work Hours.--In this section, the term
``scheduled work hours'' means the hours on a specified day during
which a domestic worker is, through a written agreement or schedule,
required by a domestic work hiring entity to perform domestic services
for the entity and for which the worker will receive compensation for
such services.
(b) Requirement for Notice of Covered Domestic Worker.--In the case
of a covered domestic worker (as defined in section 110(a)), the
domestic work hiring entity shall provide the covered domestic worker
notice of the scheduled work hours of such worker through--
(1) a written agreement described in subclause (I) of
section 110(d)(1)(F)(iv) regarding a schedule of the time of
day and the days of the week the covered domestic worker is
expected to work for the domestic work hiring entity each week;
or
(2) a schedule agreed upon by the domestic work hiring
entity and the covered domestic worker provided in the amount
of time specified in accordance with a written agreement
described in subclause (II) of such section, regarding a good
faith estimate of the time of day and the days of the week that
the covered domestic worker is expected to work for the
domestic work hiring entity.
(c) Requirements for Changes to Scheduled Work Hours and Reporting
Time Pay.--A domestic work hiring entity shall--
(1) communicate in writing (which may be in an electronic
form) any change to the scheduled work hours of a domestic
worker, including any on-call shifts, not less than 72 hours
before the domestic worker is scheduled to begin work; and
(2) pay a domestic worker--
(A) the regular rate of pay of the domestic worker
for any scheduled work hours the domestic worker does
not work due to the domestic work hiring entity
canceling or reducing the scheduled work hours of the
domestic worker after the domestic worker arrives to
work for the scheduled work hours; or
(B) at a rate of \1/2\ of the regular rate of pay
of the domestic worker for any scheduled work hours the
domestic worker does not work due to the domestic work
hiring entity canceling or reducing the scheduled work
hours of the domestic worker at a time that is less
than 72 hours prior to the commencement of such
scheduled work hours, unless the domestic work hiring
entity--
(i) is an individual with a disability
relying on the domestic worker for disability
supports and services (or an entity supporting
an individual with a disability); and
(ii) requests the domestic worker to
consent to work alternative, equivalent
scheduled work hours within a 7-day period and
the worker consents to work such alternative,
equivalent hours.
(d) Right To Decline Schedule Changes.--
(1) In general.--In the case of a covered domestic worker
(as defined in section 110(a)), if a domestic work hiring
entity wishes to include work hours in the scheduled work hours
of such worker that are identified as hours in which the worker
can typically expect to be scheduled as off from work in
accordance with the written agreement under section
110(d)(1)(F)(iv)(I) or are identified as hours outside of the
good faith estimate under section 110(d)(1)(F)(iv)(II)(cc), the
hiring entity shall obtain the written consent of the worker to
work such hours prior to the commencement of such work.
(2) Consent.--The consent required under paragraph (1) may
be transmitted electronically to the domestic work hiring
entity.
(e) Exceptions.--
(1) In general.--Notwithstanding any provision in this
section, the requirements under subsection (c) shall not
apply--
(A) during any period in which the operations of
the domestic work hiring entity cannot begin or
continue due to--
(i) a fire, flood, or other natural
disaster;
(ii) a major disaster or emergency declared
by the President under section 401 or 501,
respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170, 5191) or a state of emergency
declared by a Governor of a State or chief
official of a unit of local government; or
(iii) a severe weather condition that poses
a threat to worker safety; or
(B) in a case in which--
(i) the domestic worker voluntarily
requested in writing a change to the scheduled
work hours of the worker; or
(ii) the domestic work hiring entity
changes the scheduled work hours of a domestic
worker due to--
(I) a medical emergency requiring
emergency medical treatment or
hospitalization; or
(II) the risk of contagion or a
quarantine requirement related to the
public health emergency declared by the
Secretary of Health and Human Services
under section 319 of the Public Health
Service Act (42 U.S.C. 247d) on January
31, 2020, with respect to COVID-19, or
any other public health emergency
declared under such section.
(2) Shared living arrangement.--Notwithstanding any
provision in this section, the requirements under this section
shall not apply to a shared living arrangement.
(f) Effective Date.--This section shall take effect on the date
that is 2 years after the date of enactment of this Act.
SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY CHANGES TO SCHEDULED
WORK HOURS DUE TO PERSONAL EVENTS.
(a) Definitions.--In this section:
(1) Covered domestic worker.--The term ``covered domestic
worker'' has the meaning given the term in section 110(a).
(2) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 111(a).
(3) Personal event.--The term ``personal event'', with
respect to a covered domestic worker, means--
(A) an event resulting in the need of the covered
domestic worker to serve as a caregiver for an
individual related to the covered domestic worker by
blood or affinity or whose close association with the
covered domestic worker is the equivalent of a family
relationship;
(B) an event resulting from the obligation of a
covered domestic worker to attend a legal proceeding or
hearing for subsistence benefits, including benefits
under the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) or under a State program for
temporary assistance for needy families established
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.), to which the worker, or an
individual related to the worker as described in
subparagraph (A), is a party or witness; or
(C) any circumstance that would constitute a basis
for permissible use of safe time, or family, medical,
or sick leave, as determined based on the policy of the
domestic work hiring entity.
(4) Safe time.--The term ``safe time'', with respect to a
covered domestic worker, means an absence from work of the
worker resulting from domestic violence, sexual assault, or
stalking, if the absence is to--
(A) seek medical attention for the worker or a
child, parent, spouse, or domestic partner of the
worker, or any other individual related to the worker
by blood or affinity whose close association with the
worker is the equivalent of a family relationship, in
order to recover from physical or psychological injury
or disability caused by domestic violence, sexual
assault, or stalking;
(B) obtain, or assist a child, parent, spouse,
domestic partner, or other individual described in
subparagraph (A) in obtaining, services from a victim
services organization;
(C) obtain, or assist a child, parent, spouse,
domestic partner, or other individual described in
subparagraph (A) in obtaining, psychological or other
counseling;
(D) seek relocation for the worker or a child,
parent, spouse, domestic partner, or other individual
described in subparagraph (A); or
(E) take legal action, including preparing for or
participating in any civil or criminal legal proceeding
related to or resulting from domestic violence, sexual
assault, or stalking, of the worker or a child, parent,
spouse, domestic partner, or other individual described
in subparagraph (A).
(5) Scheduled work hours.--The term ``scheduled work
hours'' has the meaning given such term in section 112(a),
except that references in such section to the term ``domestic
worker'' shall be deemed to be a reference to the term
``covered domestic worker''.
(6) Sexual assault; stalking.--The terms ``sexual assault''
and ``stalking'' have the meanings given such terms in section
111(a).
(7) Temporary change.--The term ``temporary change'', with
respect to a change in the scheduled work hours of a covered
domestic worker, means a limited alteration in the hours or
dates that, or locations where, a worker is scheduled to work,
including through using paid time off, trading or shifting work
hours, or using short-term unpaid leave.
(b) Request.--
(1) In general.--In accordance with this subsection, for
each calendar year, a domestic work hiring entity shall, upon
request of a covered domestic worker, grant to the covered
domestic worker not less than--
(A) 2 requests for a temporary change, covering not
more than 1 business day per request, to the scheduled
work hours of the worker due to a personal event; or
(B) 1 request for a temporary change, covering not
more than 2 business days, to the scheduled work hours
of the worker due to a personal event.
(2) Notification of request.--
(A) In general.--A covered domestic worker who
requests a temporary change to the scheduled work hours
of the worker due to a personal event under this
subsection shall--
(i) notify the domestic work hiring entity,
or direct supervisor, of such worker, as soon
as the worker becomes aware of the need for the
temporary change and inform the entity or
supervisor that the change is due to a personal
event;
(ii) make a proposal for the temporary
change to the scheduled work hours of the
worker, unless the worker seeks leave without
pay; and
(iii) subject to subparagraph (B), not be
required to initially submit the request in
writing.
(B) Written record.--
(i) In general.--A covered domestic worker
that requests a temporary change to the
scheduled work hours of the worker under this
subsection and does not initially submit a
request for such change in writing shall, as
soon as practicable and not later than 2
business days after date on which the worker
returns to work following the conclusion of the
temporary change to the scheduled work hours,
submit a written record of such request
indicating--
(I) the date for which the change
was requested; and
(II) that the request was made due
to a personal event.
(ii) Electronic means.--A domestic work
hiring entity may require that a record under
this subparagraph be submitted in electronic
form if workers of the domestic work hiring
entity commonly use an electronic form to
request and manage leave and schedule changes.
(c) Response.--A domestic work hiring entity who receives a request
under subsection (b) for a temporary change to the scheduled work hours
of a covered domestic worker due to a personal event shall respond as
soon as practicable. Such entity shall not be initially required to
respond to such request in writing. If such entity does not initially
respond to the requested schedule change in writing, the entity shall,
as soon as practicable and not later than 1 week after the requested
schedule change, provide the domestic worker with a written record of
the response to the requested schedule change.
(d) Effective Date.--This section shall take effect on the date
that is 2 years after the date of enactment of this Act.
SEC. 114. PRIVACY.
(a) In General.--A domestic work hiring entity shall not--
(1) monitor or record a domestic worker while such domestic
worker is--
(A) using restroom or bathing facilities;
(B) in the private living quarters of the worker;
or
(C) engaging in any activities associated with the
dressing, undressing, or changing of clothes of the
worker;
(2) subject to subsection (b), restrict or interfere with,
or monitor, the private communications of such domestic worker;
or
(3) take possession of any documents or other personal
effects of such domestic worker.
(b) Private Communications.--A domestic work hiring entity may--
(1) restrict, interfere with, or monitor the private
communications of a domestic worker if the domestic work hiring
entity has a reasonable belief that such communications
significantly interfere with the domestic worker's performance
of expected duties; and
(2) establish reasonable restrictions on the private
communications of a domestic worker while such worker is
performing work for the domestic work hiring entity.
(c) Relation to Other Laws.--This section shall not preclude
liability under any other law.
(d) Definition of Private Communications.--In this section, the
term ``private communications'' means any communication through
telephone or internet services, including sending and receiving
communications by text message, social media, electronic mail, and
telephone, with an entity or individual other than the domestic work
hiring entity.
SEC. 115. BREAKS FOR MEALS AND REST.
(a) Meal Breaks.--
(1) In general.--Except as provided in subsection (c), a
domestic work hiring entity shall not require a domestic worker
to work more than 5 hours for such hiring entity without an
uninterrupted meal break of not less than 30 minutes. The
number of hours worked by a domestic worker for purposes of
this paragraph shall be calculated without regard to any rest
break the worker takes and to which the worker has a right
under subsection (b).
(2) Rate of pay.--A domestic work hiring entity shall pay a
domestic worker for a meal break under paragraph (1) at the
regular rate of pay of the domestic worker unless the domestic
worker is relieved of all duty for not less than 30 minutes
during the meal break and is permitted to leave the work site
during such break.
(3) Paid meal break.--Except as provided in subsection (c),
for any paid meal break required under paragraph (2), a
domestic work hiring entity--
(A) shall provide a reasonable opportunity for a
domestic worker to take such break for a period of
uninterrupted time that is not less than 30 minutes;
and
(B) shall not impede or discourage a domestic
worker from taking such meal break.
(b) Rest Breaks.--
(1) In general.--Except as provided in subsection (c), for
every 4 hours of work that a domestic worker is scheduled to
perform for a domestic work hiring entity, the entity shall
allow the worker a rest break of not less than 10 uninterrupted
minutes in which the domestic worker is relieved of all duties
related to providing domestic services to the domestic work
hiring entity. The domestic work hiring entity shall allow such
rest break to occur during the first 3 hours of consecutive
work performed by the worker for the entity.
(2) Rate of pay.--A domestic work hiring entity shall pay a
domestic worker for the times spent by the worker for a rest
break under paragraph (1) at the regular rate of pay of the
worker. The hiring entity shall not impede or discourage a
domestic worker from taking such break.
(c) Exceptions.--
(1) In general.--Subject to paragraph (2), a domestic
worker may not have the right to a meal break under subsection
(a), or a rest break under subsection (b), in a case in which
the safety of an individual under the care of the domestic
worker prevents the domestic worker from taking such break.
(2) On-duty breaks.--
(A) Definition of on-duty.--In this subsection, the
term ``on-duty'', with respect to a meal break under
subsection (a) or a rest break under subsection (b),
means such a break in which the domestic worker--
(i) is not relieved of all duties of the
worker for the domestic work hiring entity; and
(ii) may, to the extent possible given the
duties of the domestic worker for the domestic
work hiring entity, engage in personal
activities, such as resting, eating a meal,
drinking a beverage, making a personal
telephone call, or making other personal
choices.
(B) Authorization.--
(i) In general.--In a case described in
paragraph (1), the domestic worker may still
take an on-duty meal or rest break under
subsection (a) or (b), respectively, if--
(I) the nature of the work prevents
a domestic worker from being relieved
of all duties required of the domestic
worker for the domestic work hiring
entity; and
(II) the domestic worker and the
domestic work hiring entity agree to
such an on-duty meal or rest break in a
written agreement described in clause
(ii).
(ii) Written agreement.--The written
agreement under clause (i)(II) shall include a
provision allowing the domestic worker to, in
writing, revoke the agreement at any time.
(C) Rate of pay.--A domestic work hiring entity
shall compensate a domestic worker for the time of an
on-duty meal or rest break under this paragraph at the
regular rate of pay of the worker for the entity.
(3) Shared living arrangement.--The requirements under this
section shall not apply in the case of a shared living
arrangement.
SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORTAGES, BREAKAGES, LOSS,
OR MODES OF COMMUNICATION.
(a) In General.--
(1) Requirement.--Except as provided in paragraph (2), a
domestic work hiring entity may not make any deduction from the
wage of, or require any reimbursement from, a domestic worker
for--
(A) any cash shortage of the domestic work hiring
entity; or
(B) breakage or loss of the entity's equipment or
other belongings.
(2) Exception.--A domestic work hiring entity may deduct
from the wage of, or require reimbursement from, a domestic
worker described in paragraph (1) if the entity can show that a
shortage, breakage, or loss described in paragraph (1) was
caused by a dishonest or willful act of the domestic worker.
(b) Communications.--No domestic work hiring entity shall make any
deduction from the wage of, or otherwise penalize, a domestic worker
for communicating with a consumer of domestic services directly as
opposed to communicating through an application or other messaging
service provided by an on-demand platform or otherwise required by the
domestic work hiring entity.
(c) Violation.--Any deduction or reimbursement in violation of
subsection (a)(1) or (b) shall be deemed an unpaid wage for purposes of
enforcement under section 118, and the domestic worker shall have the
right to recover such wage in accordance with such section.
SEC. 117. PROHIBITED ACTS.
(a) Interference With Rights.--It shall be unlawful for any person
to interfere with, restrain, or deny the exercise of, or the attempt to
exercise, any right provided under this subtitle, including--
(1) discharging or in any manner discriminating against
(including retaliating against) any domestic worker for--
(A) exercising, or attempting to exercise, any
right provided under this subtitle; or
(B) engaging in concerted activities for the
purpose of collective bargaining or mutual aid or
protection, regardless of whether such activities are
with domestic workers of different employers or
domestic workers at different worksites; and
(2) discriminating against any domestic worker by using the
exercise of a right provided under this subtitle as a negative
factor in an employment action, such as an action involving
hiring, promotion, or changing work hours or number of shifts,
or a disciplinary action.
(b) Retaliation Protection.--It shall be unlawful for any domestic
work hiring entity to discharge, demote, suspend, reduce the work hours
of, take any other adverse employment action against, threaten to take
an adverse employment action against, or in any other manner
discriminate against a domestic worker with respect to compensation,
terms, conditions, or privileges of employment because the domestic
worker (or any person acting pursuant to the request of the domestic
worker), whether at the initiative of the domestic worker or in the
ordinary course of the domestic worker's duties--
(1) opposes any practice made unlawful under this subtitle;
(2) asserts any claim or right under this subtitle;
(3) assists a domestic worker in asserting such claim or
right;
(4) informs any domestic worker about this subtitle;
(5) requests a change to the written agreement described in
section 110;
(6) requests a change in scheduled work hours described in
section 112, or any other schedule change, without regard to
the eligibility of such domestic worker to receive any such
change;
(7) participates as a member of, or takes an action
described in paragraph (8) with respect to, the Domestic Worker
Standards Board described in section 201;
(8)(A) files an action, or institutes or causes to be
instituted any proceeding, under or related to this subtitle;
(B) gives, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this subtitle; or
(C) testifies, or is about to testify, in any inquiry or
proceeding relating to any right provided under this subtitle;
and
(9) engages in concerted activities for the purpose of
collective bargaining or mutual aid or protection, regardless
of whether such activities are with domestic workers of
different employers or domestic workers at different worksites.
(c) Immigration-Related Actions as Discrimination.--For purposes of
subsections (a) and (b), discrimination with respect to compensation,
terms, conditions, or privileges of employment occurs if a person
undertakes any of the following activities (unless such activity is
legal conduct undertaken at the express and specific direction or
request of the Federal Government):
(1) Reporting, or threatening to report, the citizenship or
immigration status of a domestic worker, or the suspected
citizenship or immigration status of a family member of such an
individual, to a Federal, State, or local agency.
(2) Requesting more or different documents than those
required under section 274A(b) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)), or refusing to honor
documents that on their face appear to be genuine.
(3) Using the Federal E-Verify system to check employment
status in a manner not required under section 274A(b) of the
Immigration and Nationality Act (8 U.S.C. 1324a(b)) or any
memorandum governing use of the E-Verify system.
(4) Filing, or threatening to file, a false police report
relating to the immigration status of a domestic worker, or a
family member of a domestic worker.
(5) Contacting, or threatening to contact, immigration
authorities relating to the immigration status of a domestic
worker, or a family member of a domestic worker.
(d) Presumption of Retaliation.--
(1) In general.--For the purposes of subsections (a) and
(b), proof that a person discharged an individual, or
discriminated against an individual with respect to
compensation, terms, conditions, or privileges of employment,
within 90 days of the individual involved asserting any claim
or right under this subtitle, or assisting any other individual
in asserting such a claim or right, shall raise a presumption
that the discharge or discrimination was in retaliation as
prohibited under subsection (a) or (b), as the case may be.
(2) Rebuttal.--The presumption under paragraph (1) may be
rebutted by clear and convincing evidence that such discharge
or discrimination was taken for another permissible reason.
SEC. 118. ENFORCEMENT AUTHORITY.
(a) In General.--
(1) Application.--In this subsection--
(A) the term ``domestic worker'' means a domestic
worker described in subsection (e)(1)(A); and
(B) the term ``domestic work hiring entity'' means
a domestic work hiring entity described in subsection
(e)(2)(A).
(2) Investigative authority.--
(A) In general.--To ensure compliance with the
provisions of this subtitle, or any regulation or order
issued under this subtitle, the Secretary shall have
the investigative authority provided under section
11(a) of the Fair Labor Standards Act of 1938 (29
U.S.C. 211(a)), with respect to hiring entities,
domestic workers, and other individuals affected.
(B) Obligation to keep and preserve records.--A
domestic work hiring entity shall make, keep, and
preserve records pertaining to compliance with this
subtitle in accordance with section 11(c) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in
accordance with regulations prescribed by the
Secretary.
(C) Required submissions generally limited to an
annual basis.--The Secretary shall not require under
this paragraph a domestic work hiring entity to submit
to the Secretary any books or records more than once
during any 12-month period, unless the Secretary--
(i) has reasonable cause to believe there
may exist a violation of this subtitle,
including any regulation or order issued under
this subtitle; or
(ii) is investigating a charge under
paragraph (4).
(D) Subpoena authority.--For the purposes of any
investigation under this paragraph, the Secretary shall
have the subpoena authority provided under section 9 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 209).
(3) Civil action by domestic workers.--
(A) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(B) may be maintained against a domestic work hiring
entity by one or more domestic workers, or a
representative for and on behalf of the domestic
workers and any other domestic workers that may be
similarly situated.
(B) Liability.--A domestic work hiring entity that
violates this subtitle shall be liable to a domestic
worker aggrieved by the violation, except as provided
in subparagraphs (C) and (D), for--
(i) damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost by
reason of the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
have not been denied or lost,
any actual monetary losses
sustained, or the costs
reasonably related to damage to
or loss of property, or any
other injury to the person,
reputation, character, or
feelings, sustained by a
domestic worker as a direct
result of the violation, or any
injury to another person
sustained as a direct result of
the violation, by the domestic
work hiring entity;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate;
(III) an additional amount as
liquidated damages; and
(IV) such other legal relief as may
be appropriate;
(ii) such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion; and
(iii) a reasonable attorney's fee,
reasonable expert witness fees, and other costs
of the action.
(C) Meal and rest breaks.--In the case of a
violation of section 115, the domestic work hiring
entity involved shall be liable under subparagraph
(B)--
(i) for the amount of damages described in
subclauses (I), (II), and (III) of subparagraph
(B)(i); and
(ii) under subparagraph (B)(i)(IV), for
each such violation, for an amount equal to 1
hour of pay at the domestic worker's regular
rate of compensation (but not more than 2 hours
of such pay for each workday for which the
domestic work hiring entity is in violation of
such section).
(D) Written agreements.--In the case of a violation
of section 110, the domestic work hiring entity
involved shall be liable, under subparagraph (B)(i)(I),
for an amount equal to $5,000.
(E) Venue.--An action under this paragraph may be
maintained in any Federal or State court of competent
jurisdiction.
(4) Action by the secretary.--
(A) Administrative action.--
(i) In general.--Subject to clause (ii),
and subparagraphs (C) and (D) of paragraph (3),
the Secretary shall receive, investigate, and
attempt to resolve complaints of violations of
this subtitle in the same manner that the
Secretary receives, investigates, and attempts
to resolve complaints of violations of sections
6, 7, and 15(a)(3) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206, 207, and
215(a)(3)), including the Secretary's authority
to supervise payment of wages and compensation
under section 16(c) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(c)).
(ii) Violations generally.--The Secretary
may assess a civil penalty against a domestic
work hiring entity that violates any section of
this subtitle--
(I) of not more than $15,000 for
any first violation of any such section
by such domestic work hiring entity;
and
(II) of not more than $25,000 for
any subsequent violation of any such
section by such domestic work hiring
entity.
(B) Administrative review.--Any aggrieved
dislocated worker who takes exception to an order
issued by the Secretary under subparagraph (A) may
request review of and a decision regarding such order
by an administrative law judge. In reviewing the order,
the administrative law judge may hold an administrative
hearing concerning the order, in accordance with the
requirements of sections 554, 556, and 557 of title 5,
United States Code. Such hearing shall be conducted
expeditiously. If no aggrieved dislocated worker
requests such review within 60 days after the order is
issued under subparagraph (A), the order shall be
considered to be a final order that is not subject to
judicial review.
(C) Civil action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover amounts described in paragraph (3)(B) on behalf
of a domestic worker aggrieved by a violation of this
subtitle.
(D) Sums recovered.--
(i) In general.--Any sums recovered by the
Secretary under subparagraph (C) shall be held
in a special deposit account and shall be paid,
on order of the Secretary, directly to each
domestic worker aggrieved by the violation for
which the action was brought. Any such sums not
paid to a domestic worker because of inability
to do so within a period of 3 years shall be
deposited into the Treasury of the United
States as a miscellaneous receipt.
(ii) Civil penalty.--Any sums recovered by
the Secretary under subparagraph (A)(ii) shall
be deposited into the general fund of the
Treasury of the United States as a
miscellaneous receipt.
(5) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), an action may be brought under paragraph (3), (4),
or (6) not later than 2 years after the date of the
last event constituting the alleged violation for which
the action is brought.
(B) Willful violation.--In the case of an action
brought for a willful violation of this subtitle, such
action may be brought not later than 3 years after the
date of the last event constituting the alleged
violation for which such action is brought.
(C) Commencement.--An action shall be considered
commenced under paragraph (3), (4), or (6) for the
purposes of this paragraph on the date on which the
complaint is filed under such paragraph (3), (4), or
(6).
(6) Action for injunction.--The district courts of the
United States together with the District Court of the Virgin
Islands and the District Court of Guam shall have jurisdiction,
for cause shown, in an action brought by a domestic worker or
the Secretary--
(A) to restrain violations of this subtitle,
including the withholding of a written agreement from a
domestic worker as required under section 110, or of
any withholding of payment of wages, salary, employment
benefits, or other compensation, plus interest, found
by the court to be due to a domestic worker under this
subtitle; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion, for a violation of this subtitle.
(7) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
paragraph (4) or (6).
(8) Government accountability office and library of
congress.--Notwithstanding any other provision of this
subsection, in the case of the Government Accountability Office
and the Library of Congress, the authority of the Secretary of
Labor under this subsection shall be exercised respectively by
the Comptroller General of the United States and the Librarian
of Congress.
(b) Employees Covered by Congressional Accountability Act of
1995.--The powers, remedies, and procedures provided in the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C.
1312(a)(1)) shall be the powers, remedies, and procedures this Act
provides to that Board, or any person, alleging an unlawful employment
practice in violation of this subtitle against a domestic worker
described in subsection (e)(1)(B).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--The powers, remedies, and procedures provided in chapter 5 of
title 3, United States Code, to the President, the Merit Systems
Protection Board, or any person, alleging a violation of section
412(a)(1) of that title, shall be the powers, remedies, and procedures
this Act provides to the President, that Board, or any person,
respectively, alleging an unlawful employment practice in violation of
this subtitle against a domestic worker described in subsection
(e)(1)(C).
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--The powers, remedies, and procedures provided in title 5, United
States Code, to an employing agency, provided in chapter 12 of that
title to the Merit Systems Protection Board, or provided in that title
to any person, alleging a violation of chapter 63 of that title, shall
be the powers, remedies, and procedures this Act provides to that
agency, that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this subtitle against a domestic
worker described in subsection (e)(1)(D).
(e) Definition.--In section 117 and this section, except as
otherwise provided in this subsection:
(1) Domestic worker.--Notwithstanding section 3, the term
``domestic worker'' means a domestic worker--
(A) as defined in section 3(b)(6) except that a
reference in that section to an individual or employee
shall be considered to be a reference to an individual
compensated for services provided to an entity
described in paragraph (2)(A);
(B) as defined in section 3(b)(6) except that a
reference in that section to an individual or employee
shall be considered to be a reference to an individual
compensated for services provided to an entity
described in paragraph (2)(B);
(C) as defined in section 3(b)(6) except that a
reference in that section to an individual or employee
shall be considered to be a reference to an individual
compensated for services provided to an entity
described in paragraph (2)(C); and
(D) as defined in section 3(b)(6) except that a
reference in that section to an individual or employee
shall be considered to be a reference to an individual
compensated for services provided to an entity
described in paragraph (2)(D).
(2) Domestic work hiring entity.--Notwithstanding section
3, the term ``domestic work hiring entity'' means a domestic
work hiring entity--
(A) as defined in section 3(b)(7) except that a
reference in that section to a person or employer shall
be considered to be a reference to an employer
described in clause (i) or (ii) of subparagraph (A),
and subparagraph (B), of paragraph (3);
(B) as defined in section 3(b)(7) except that a
reference in that section to a person or employer shall
be considered to be a reference to an employer
described in subparagraphs (A)(iii) and (B) of
paragraph (3);
(C) as defined in section 3(b)(7) except that a
reference in that section to a person or employer shall
be considered to be a reference to an employer
described in subparagraphs (A)(iv) and (B) of paragraph
(3); and
(D) as defined in section 3(b)(7) except that a
reference in that section to a person or employer shall
be considered to be a reference to an employer
described in subparagraphs (A)(v) and (B) of paragraph
(3)(A).
(3) Employer.--Notwithstanding section 3, for purposes of
paragraph (2), the term ``employer'' means a person who is--
(A)(i) an employer, as defined in section 3(a), who
is not covered under another clause of this
subparagraph;
(ii) an entity employing a State employee described
in section 304(a) of the Government Employee Rights Act
of 1991;
(iii) an employing office, as defined in section
101 of the Congressional Accountability Act of 1995;
(iv) an employing office, as defined in section
411(c) of title 3, United States Code; or
(v) an employing agency covered under subchapter V
of chapter 63 of title 5, United States Code; and
(B) an enterprise engaged in commerce or in the
production of goods for commerce.
(4) Employment.--Notwithstanding section 3, the term
``employment'' includes service as a domestic worker.
SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS AND OTHER LAWS.
(a) In General.--Nothing in this subtitle shall--
(1) supersede a provision in a collective bargaining
agreement; or
(2) be construed to diminish the obligation of a domestic
work hiring entity to comply with any contract, collective
bargaining agreement, or employment benefit program or plan
that provides greater rights or benefits to domestic workers
than the rights established under this Act.
(b) Other Laws.--Nothing in this subtitle shall--
(1) affect the obligation of a domestic work hiring entity
to provide a reasonable accommodation in the form of a change
to the work schedule of a domestic worker required under any
other law, or to otherwise comply with any other law;
(2) preempt, limit, or otherwise affect the applicability
of any State or local law that provides comparable or superior
benefits for domestic workers to the requirements under this
subtitle; or
(3) diminish the rights, privileges, or remedies of any
domestic worker under any Federal or State law or under any
collective bargaining agreement.
(c) No Waivers.--The rights and remedies in this subtitle may not
be waived by a domestic worker through any agreement, policy, or form,
or as a condition of employment.
Subtitle C--Domestic Worker Health and Safety
SEC. 121. NATIONAL DOMESTIC WORKER HOTLINE.
(a) In General.--The Secretary shall award a grant, on a
competitive basis, to an entity eligible under subsection (b), for a
national hotline that domestic workers may call to report emergencies,
seek emergency services, or seek support or guidance in lieu of
emergency services.
(b) Eligibility.--In order to be eligible to receive a grant under
subsection (a), an entity shall--
(1) be an entity described in paragraph (3), (5), or (6) of
section 501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code;
(2) have a demonstrated expertise in and experience with
domestic workers;
(3) employ or otherwise engage domestic workers in the
performance of domestic services;
(4) have a leadership or board structure that includes
domestic workers; and
(5) comply with any other criteria established by the
Secretary for purposes of this section.
SEC. 122. ACCESS TO HEALTH AND SAFETY.
(a) Standard for Domestic Workers.--
(1) Standard.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Consumer Product
Safety Commission shall, to improve the health and
safety of domestic workers that clean private homes,
promulgate a consumer product safety standard under
section 7 of the Consumer Product Safety Act (15 U.S.C.
2056) to require manufacturers of household cleaning
supplies to--
(i) make safety data sheets for any
household cleaning supply that contains a
hazardous chemical available on the website of
the manufacturer in a manner that ensures such
safety data sheets are easily accessed via the
name of the specific product line;
(ii) translate such safety data sheets into
multiple languages, including all languages in
which the Secretary, acting through the
Administrator of the Wage and Hour Division,
translates the basic information fact sheet
published by the Administrator; and
(iii) create and provide, for use on small
secondary containers, small labels with the
name of the product and its ingredients as
listed on the safety data sheet.
(B) Civil penalty.--Notwithstanding section 20 of
the Consumer Product Safety Act (15 U.S.C. 2069), or
any other provision of that Act, any person that
knowingly violates the requirements of the standard
promulgated under subparagraph (A) shall be subject to
a civil penalty not to exceed $500 for each violation.
(2) Educational materials for workers.--The Consumer
Product Safety Commission shall produce educational materials
for consumers and domestic workers regarding requirements for
safety data sheets and translate such materials into multiple
languages, including all languages described in paragraph
(1)(A)(ii).
(3) Definitions.--In this subsection:
(A) Hazardous chemical.--The term ``hazardous
chemical'' has the meaning given such term in section
1910.1200(c) of title 29, Code of Federal Regulations,
or a successor regulation.
(B) Household cleaning supply.--The term
``household cleaning supply''--
(i) means any product, including a soap or
detergent containing a surfactant as a wetting
or dirt emulsifying agent, that is used
primarily for domestic or commercial cleaning
purposes, including the cleansing of fabrics,
dishes, food utensils, and household and
commercial premises; and
(ii) does not include--
(I) food, drugs, or cosmetics,
including personal care items such as
toothpaste, shampoo, or hand soap; or
(II) products labeled, advertised,
marketed, or distributed for use
primarily as a pesticide subject to the
Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.).
(C) Safety data sheets.--The term ``safety data
sheets'' means the safety data sheets required under
section 1910.1200 of title 29, Code of Federal
Regulations, or a successor regulation.
(b) NIOSH Educational Materials.--Not later than 1 year after the
date of enactment of this Act, the Director of the National Institute
for Occupational Safety and Health shall develop and publish
educational materials on protecting the health and safety of domestic
workers who provide child care or cleaning services.
SEC. 123. OCCUPATIONAL SAFETY AND HEALTH TRAINING GRANTS.
The Secretary shall, in awarding Susan Harwood training grants
under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.), assure that hazards facing domestic workers are included as a
topic for training in any announcement for such grants issued after the
date of enactment of this Act.
SEC. 124. WORKPLACE HARASSMENT SURVIVOR SUPPORTS STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
a report, to the Interagency Task Force on Domestic Workers Bill of
Rights Enforcement established under section 303(a) and Congress, on
ways to expedite public support to ensure that survivors of workplace
harassment in low-wage, vulnerable, and marginalized sectors, such as
the domestic service sector, can access support for any of the
following:
(1) Housing services.
(2) Health care services, including mental health services.
(3) Counseling services.
(4) Workers' compensation.
(5) Unemployment insurance.
(6) Disability benefits.
(7) Transportation stipends.
(8) Support for caregiving needs, including paid leave,
child care, and care for an individual related to the survivor
by blood or affinity or whose close association with the
survivor is the equivalent of a family relationship.
(9) Any other support determined appropriate by the
Secretary.
(b) Recommendations.--The report required under subsection (a)
shall--
(1) include specific recommendations for each type of
support listed in paragraphs (1) through (8) of such
subsection; and
(2) take into account that support is needed regardless of
immigration or citizenship status.
Subtitle D--Amendment to Title VII of Civil Rights Act of 1964
SEC. 131. INCLUDING CERTAIN DOMESTIC WORKERS IN CIVIL RIGHTS
PROTECTIONS AGAINST DISCRIMINATION IN EMPLOYMENT.
Section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b))
is amended by striking ``fifteen'' and inserting ``one''.
TITLE II--STANDARDS BOARD, BENEFITS, AND WORKFORCE INVESTMENT
SEC. 201. DOMESTIC WORKER STANDARDS BOARD.
(a) Establishment and Purposes.--The Secretary shall establish a
board to be known as the ``Domestic Worker Standards Board'' (referred
to in this section as the ``Board'') to investigate standards in the
domestic workers industry, and issue recommendations to the Secretary
under subsection (e)(1), in order to promote the health, safety, and
well-being of domestic workers.
(b) Membership.--
(1) Composition.--The Board shall be composed of 11
members, of which--
(A) 5 shall be individuals, appointed by the
Secretary in accordance with paragraph (2),
representing domestic workers;
(B) 5 shall be individuals, appointed by the
Secretary in accordance with paragraph (3),
representing domestic work hiring entities; and
(C) 1 shall be an individual appointed by the
Secretary who is an expert on the domestic services
sector from academia, the nonprofit sector, or a
Federal, State, or local governmental agency.
(2) Domestic workers seats.--
(A) In general.--The Secretary shall appoint
members of the Board representing domestic workers from
among individuals nominated under subparagraph (B) by
eligible worker organizations.
(B) Selection of eligible worker organizations.--
The Secretary shall enter into agreements, on a
competitive basis, with eligible worker organizations
for such organizations to nominate individuals to serve
as members of the Board representing domestic workers.
(C) Selecting individuals on the board.--For each
individual nominated under subparagraph (B), the
Secretary shall submit a report to Congress indicating
whether the Secretary has decided to appoint the
individual to the Board and the reasons for such
decision.
(D) Definition of eligible worker organization.--In
this paragraph, the term ``eligible worker
organization'' means an organization that--
(i) is not a hiring entity or employment
agency;
(ii) represents members of the
organization, including domestic workers;
(iii)(I) is described in paragraph (3),
(4), or (5) of section 501(c) of the Internal
Revenue Code of 1986, and exempt from taxation
under section 501(a) of such Code; and
(II) is organized and operated for the
betterment of workers, including domestic
workers;
(iv) engages in public advocacy to promote
the health and well-being of domestic workers;
(v) has a governing structure that promotes
the decision-making power of domestic workers;
and
(vi) submits an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may reasonably require.
(3) Domestic work hiring entity seats.--
(A) In general.--The Secretary shall appoint
members of the Board representing domestic work hiring
entities from among individuals nominated by eligible
hiring organizations under subparagraph (B).
(B) Selection of eligible hiring organizations.--
The Secretary shall enter into agreements on a
competitive basis with eligible hiring organizations
for such organizations to nominate individuals to serve
as members of the Board representing domestic work
hiring entities.
(C) Selecting individuals on the board.--
(i) In general.--For each individual
nominated under subparagraph (B), the Secretary
shall submit a report to Congress indicating
whether the Secretary has decided to appoint
the individual to the Board and the reasons for
such decision.
(ii) Requirements for appointments.--The
Secretary shall ensure that--
(I) not less than 2 seats under
this paragraph are filled by an
individual who contracts with, or
hires, 1 domestic worker to work in the
residence of the individual;
(II) not less than 1 seat under
this paragraph is filled by a
nomination from an eligible hiring
organization that is dedicated to the
well-being of domestic workers;
(III) not less than 1 seat under
this paragraph is filled by an
individual who relies on a personal
care aide or assistant financed through
a State Medicaid program under title
XIX of the Social Security Act (42
U.S.C. 1396 et seq.);
(IV) not less than 1 seat under
this paragraph is filled by an
individual who--
(aa) is an adult family
member of a Medicaid HCBS-
eligible elderly individual or
an individual with a
disability;
(bb) is an informal
provider of in-home care to
such Medicaid HCBS-eligible
elderly individual or
individual with a disability;
and
(cc) contracts with, or
hires, 1 or more domestic
workers to provide additional
care for the Medicaid HCBS-
eligible elderly individual or
individual with a disability;
(V) a single domestic work hiring
entity does not fill more than 1 seat
under this paragraph; and
(VI) any domestic work hiring
entity serving on the Board satisfies
the requirements under clause (iii).
(iii) Disclosure of labor violations.--
(I) In general.--The Secretary
shall require that each domestic work
hiring entity that serves on the Board
disclose to the Secretary, with respect
to the preceding 5-year period--
(aa) any administrative
merits determination, arbitral
award or decision, or civil
judgment, rendered against the
entity for a violation of the
labor laws listed in subclause
(II); and
(bb) any steps taken by the
entity to correct a violation
of or improve compliance with
the labor laws listed in
subclause (II), including any
agreement entered into with an
enforcement agency.
(II) Labor laws.--The labor laws
described in this subclause are each of
the following:
(aa) The Fair Labor
Standards Act of 1938 (29
U.S.C. 201 et seq.).
(bb) Title VII of the Civil
Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(cc) The Occupational
Safety and Health Act of 1970
(29 U.S.C. 651 et seq.).
(III) Responsible source.--The
Secretary shall consider information
disclosed by a domestic work hiring
entity under this clause to determine
whether the entity has a satisfactory
record of integrity and business ethics
for purposes of determining whether the
entity shall serve on the Board.
(D) Definition of eligible hiring organization.--In
this paragraph, the term ``eligible hiring
organization'' means an organization that--
(i)(I) is an agency employing 2 or more
domestic workers; or
(II) is an association of 2 or more
individuals who hire or contract with domestic
workers; and
(ii) submits an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may reasonably require.
(4) Chairperson.--The Board shall select a Chairperson from
among the members of the Board.
(5) Executive committee.--The Chairperson shall assign an
executive committee of 3 members of the Board, including not
less than 1 representative appointed under paragraph (2) and 1
representative appointed under paragraph (3). Such executive
committee shall establish an agenda and a work plan for the
Board.
(c) Terms.--
(1) In general.--Except as provided in paragraph (2), each
member of the Board shall serve a term of 2 years.
(2) Initial members.--The Secretary shall stagger the terms
of the Board members such that--
(A) 6 of the initial members appointed to the Board
serve a term of 4 years, including 3 of the members
described in subsection (b)(1)(A) and 3 of the members
described in subsection (b)(1)(B); and
(B) 5 of the initial members appointed to the Board
serve a term of 2 years, including 2 of the members
described in subsection (b)(1)(A), 2 of the members
described in subsection (b)(1)(B), and the member
described in subsection (b)(1)(C).
(3) Vacancies.--
(A) In general.--A vacancy on the Board--
(i) shall not affect the powers of the
Board; and
(ii) shall be filled in the same manner as
the original appointment was made and shall be
subject to any conditions that applied with
respect to the original appointment.
(B) Filling unexpired terms.--An individual chosen
to fill a vacancy shall be appointed for the unexpired
term of the member replaced.
(C) Presumption.--If a member of the Board is
unable to fill the duties of the member in serving on
the Board, or leaves the domestic service industry, for
a period that exceeds 90 days while serving on the
Board, the seat of the member shall be considered a
vacancy for purposes of this paragraph.
(d) Meetings.--
(1) In general.--The Board shall meet at the call of the
Chairperson.
(2) Public notice.--The call of the Chairperson under
paragraph (1) shall include notice to the public of the
meeting.
(3) Initial meeting.--Not later than 90 days after the date
on which all members of the Board have been appointed, the
Board shall hold the initial meeting of the Board.
(e) Standards.--
(1) Process for recommending standards.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and every 3 years
thereafter, the Board shall issue recommendations to
the Secretary for standards that affect the well-being
of domestic workers, including recommendations for--
(i) workplace standards for domestic
workers, including standards for--
(I) occupational safety and health,
that include the immediate protection
of domestic workers and domestic work
hiring entities from infectious
diseases such as COVID-19;
(II) wages;
(III) hours;
(IV) benefits; and
(V) other matters that impact
working conditions; and
(ii) implementing and enforcing the rights
of domestic workers granted under this Act and
other Federal laws, including rights for
minimum wage, health, safety, and other
workplace standards.
(B) Voting.--Any decision of the Board regarding a
recommendation issued under subparagraph (A) shall be
decided through a vote of the Board. In any such vote:
(i) Each voting member of the Board shall
have 1 vote.
(ii) A quorum of the members of the Board
shall be required to be in attendance at the
vote. A quorum shall not be formed if there are
in attendance fewer than--
(I) 2 members of the Board
described in subsection (b)(1)(A); or
(II) 2 members of the Board
described in subsection (b)(1)(B).
(iii) The vote shall be agreed to upon the
affirmative vote of not less than a majority of
the members of the Board present and voting.
(2) Rulemaking.--
(A) Authority.--Subject to requirements under other
law and paragraph (3), the Secretary may issue a rule,
in accordance with section 553 of title 5, United
States Code, regarding any standard recommended by the
Board under paragraph (1).
(B) Decision.--
(i) In general.--Not later than 90 days
after receiving a recommendation from the Board
under paragraph (1), the Secretary shall issue
a decision on--
(I) whether the Secretary will
issue a rule under subparagraph (A)
regarding such recommendation; and
(II) if the Secretary issues such a
rule, whether the Secretary will
deviate from such recommendation
through such rule.
(ii) Explanatory statement.--If the
Secretary decides not to issue a rule under
subparagraph (A) regarding a recommendation
under paragraph (1) or decides to deviate from
such recommendation in such a rule, the
Secretary shall have 90 days after receiving
such recommendation to issue a statement
explaining the decision.
(C) Workplace standards.--No standard included in a
rule issued under subparagraph (A) may be for a
workplace standard that is less protective of domestic
workers than any law in effect on the date of enactment
of this Act for domestic workers under any State or
local law.
(3) Recommendations to congress.--
(A) In general.--For any recommendation made by the
Board under paragraph (1) that the Secretary determines
is not within the authority of the Secretary, the
Secretary shall make a recommendation to Congress to
take action on the recommendation.
(B) Hearing and investigations.--Not later than 1
year after such a recommendation is made by the
Secretary to Congress under subparagraph (A), Congress
shall conduct a hearing on and investigate the
recommendation.
(C) Rulemaking.--This paragraph is enacted by
Congress--
(i) as an exercise of the rulemaking power
of the Senate and House of Representatives,
respectively, and as such it is deemed a part
of the rules of each House, respectively, but
applicable only with respect to the procedure
to be followed in that House in the case of a
joint resolution, and it supersedes other rules
only to the extent that it is inconsistent with
such rules; and
(ii) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of that House.
(f) Powers.--
(1) Hearings.--
(A) In general.--The Board may hold such hearings,
meet and act at such times and places, take such
testimony, and receive such evidence as the Board
considers advisable to carry out this section.
(B) Required public hearings.--The Board shall,
prior to issuing any recommendation under this section,
hold public hearings to enable domestic workers across
the United States to have access to the Board. Any such
public hearing shall--
(i) be held at such a time, in such a
location, and in such a facility that ensures
accessibility for domestic workers;
(ii) include interpretation services in the
languages most commonly spoken by domestic
workers in the geographic region of the
hearing;
(iii) be held in each of the regions served
by the regional offices of the Wage and Hour
Division of the Department of Labor; and
(iv) include worker organizations in
helping to populate the hearings.
(2) Information from federal agencies.--
(A) In general.--The Board may secure directly from
a Federal agency such information as the Board
considers necessary to carry out this section.
(B) Provision of information.--On request of the
Chairperson of the Board, the head of the agency shall
provide the information to the Board.
(3) Postal services.--The Board may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(4) Gifts.--The Board may accept, use, and dispose of gifts
or donations of services or property.
(g) Board Personnel Matters.--
(1) Compensation of members.--
(A) Non-federal employees.--A member of the Board
who is not an officer or employee of the Federal
Government shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the performance of the duties of the Board.
(B) Federal employees.--A member of the Board who
is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(2) Travel expenses.--A member of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Board.
(3) Staff.--
(A) In general.--The Chairperson of the Board may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive
director and such other additional personnel as are
necessary to enable the Board to perform the duties of
the Board.
(B) Required staff members.--The Secretary shall,
in accordance with subparagraph (A), designate no fewer
than 2 full-time staff members to support the operation
of the Board through logistical, administrative, and
legislative activities.
(C) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Board.
(D) Compensation.--
(i) In general.--Except as provided in
clause (ii), the Chairperson of the Board may
fix the compensation of the executive director
and other personnel without regard to the
provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code,
relating to classification of positions and
General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay
for the executive director and other personnel
shall not exceed the rate payable for level V
of the Executive Schedule under section 5316 of
title 5, United States Code.
(4) Detail of federal government employees.--
(A) In general.--An employee of the Federal
Government may be detailed to the Board without
reimbursement.
(B) Civil service status.--The detail of the
employee shall be without interruption or loss of civil
service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Board may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(h) Rule of Construction for Reporting Requirements.--
(1) In general.--Neither the nomination by an eligible
worker organization of 1 or more individuals to serve as
members of the Board, nor service on the Board by a
representative of an eligible worker organization, shall--
(A) make the eligible worker organization subject
to the reporting requirements for labor organizations
under title II of the Labor-Management Reporting and
Disclosure Act of 1959 (29 U.S.C. 431 et seq.); or
(B) be considered as a factor in any determination
of whether the eligible worker organization is subject
to such reporting requirements.
(2) LMRDA requirements.--The status of an organization as
an eligible worker organization shall not, by itself, make the
organization subject to any reporting requirements under the
Labor-Management Reporting and Disclosure Act of 1959 (29
U.S.C. 401 et seq.).
(3) Definition of eligible worker organization.--For
purposes of this subsection, the term ``eligible worker
organization'' has the meaning given such term in subsection
(b)(2)(D).
(i) Prohibited Acts.--No domestic work hiring entity may take any
action prohibited under paragraph (7) of section 117(b) with respect to
a domestic worker participating as a member of, or taking an action
described in paragraph (8) of such section with respect to, the Board.
(j) Rule of Construction for State and Local Standards.--Nothing in
this section shall preempt a State or local law with greater
protections for domestic workers than the protections for such workers
included in a standard issued through a rule under subsection (e)(2).
(k) Effect on Existing Domestic Worker Benefits.--
(1) More protective.--Nothing in this section shall be
construed to diminish the obligation of a domestic work hiring
entity to comply with any contract, collective bargaining
agreement, or any domestic worker benefit program or plan that
provides greater rights or benefits to domestic workers than
the rights established under this Act.
(2) Less protective.--The rights established for domestic
workers under this section shall not be diminished by any
contract, collective bargaining agreement, or any benefit
program or plan.
SEC. 202. DOMESTIC WORKERS' BENEFITS STUDY.
(a) Study.--
(1) In general.--The Secretary shall conduct a study, which
may be through a contract with another entity, for the purpose
of providing information to labor organizations, domestic work
hiring entities, and the general public concerning how to
increase the number of domestic workers who have access to a
secure retirement, affordable health care, unemployment
insurance, life insurance, and other common benefits provided
to employees of large private and public sector employers.
(2) Matters.--The study conducted under paragraph (1) shall
include--
(A) a review of--
(i) the levels of access to and usage of
benefits for domestic workers, including
retirement savings, health insurance, and
reduced health care costs, paid sick time,
unemployment insurance, disability and life
insurance, and paid family and medical leave;
(ii) barriers for domestic workers to--
(I) participate in the old-age,
survivors, and disability insurance
program established under title II of
the Social Security Act (42 U.S.C. 401
et seq.);
(II) obtain disability insurance;
(III) access and use benefits,
including the old-age, survivors, and
disability insurance program
established under title II of the
Social Security Act (42 U.S.C. 401 et
seq.), the Medicare program established
under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.),
the Medicaid program established under
title XIX of that Act (42 U.S.C. 1396
et seq.), unemployment insurance, any
benefits provided under the Patient
Protection and Affordable Care Act
(Public Law 111-148), including the
amendments made by that Act, paid
family and medical leave, paid sick
time, and any additional benefits
identified by the Secretary, including
such benefits that are portable from
job to job;
(IV) otherwise access affordable
health insurance; and
(V) access any other benefits
described in clause (i);
(iii) the portability of work-related
benefits for domestic workers and the laws,
including regulations, preventing innovation
and improvement in the portability of such
benefits; and
(iv) whether domestic workers benefitted
from the emergency family and medical leave and
emergency paid sick leave provisions under the
Families First Coronavirus Response Act (Public
Law 116-127), including the amendments made by
that Act, and lessons learned from the
implementation of these provisions;
(B) an identification and analysis of State and
nongovernmental innovations that can serve as potential
replicable models on the national level to increase
access to work-related benefits for domestic workers,
through portability, outreach, enrollment, and other
strategies;
(C) a comparison of the ability of domestic workers
to access, be eligible for, and participate in public
and private sector work-related benefits compared to
such ability of other workers;
(D) a study on the coverage of domestic workers
under State workers' compensation laws, including in
all 50 States, the District of Columbia, and
territories of the United States; and
(E) recommendations for innovations and reforms
that would--
(i) ensure domestic workers could--
(I) access and use benefits,
including the old-age, survivors, and
disability insurance program
established under title II of the
Social Security Act (42 U.S.C. 401 et
seq.), the Medicare program established
under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.),
the Medicaid program established under
title XIX of that Act (42 U.S.C. 1396
et seq.), unemployment insurance, any
benefits provided under the Patient
Protection and Affordable Care Act
(Public Law 111-148), including the
amendments made by that Act, paid
family and medical leave, paid sick
time, and any additional benefits
identified by the Secretary, including
such benefits that are portable from
job to job; and
(II) have contributions for the
benefits described in subclause (I)
from multiple hiring entities as
applicable;
(ii) provide adequate levels of such
benefits for domestic workers; and
(iii) enable a domestic worker to have
access to such benefits through multiple jobs
the worker may have.
(b) Report.--Not later than 15 months after the date of enactment
of this Act, the Secretary shall submit to the President and Congress a
report on the study conducted under subsection (a) that includes each
of the following:
(1) The findings and conclusions of the study, including
its findings and conclusions with respect to the matters
described in subsection (a)(2).
(2) Considerations for laws, including regulations, that
should be reviewed to address barriers impacting domestic
workers.
(3) Other information and recommendations with respect to
benefits for domestic workers as the Secretary considers
appropriate.
SEC. 203. WORKFORCE INVESTMENT ACTIVITIES GRANTS FOR DOMESTIC WORKERS.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor, in consultation with the Secretary of Education and
the Secretary of Health and Human Services.
(2) Supportive services; training services; workforce
investment activities.--The terms ``supportive services'',
``training services'', and ``workforce investment activities''
have the meanings given the terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(b) National Grant Program for Domestic Workers.--Every 3 years,
the Secretary shall, on a competitive basis, make grants to, or enter
into contracts with, eligible entities to carry out the activities
described in subsection (d). The Secretary shall make the grants, or
enter into the contracts, for periods of 4 years.
(c) Eligibility.--
(1) Eligible entities.--
(A) In general.--Subject to subparagraph (B), to be
eligible to receive a grant or enter into a contract
under this section, an entity shall be--
(i)(I) a nonprofit organization that is
described in paragraph (3), (5), or (6) of
section 501(c) of the Internal Revenue Code of
1986, and exempt from taxation under section
501(a) of such Code;
(II) an organization with a board of
directors, at least one-half of the members of
which is comprised of--
(aa) domestic workers; or
(bb) representatives of an
organization of such workers, which
organization is independent from all
businesses, organizations,
corporations, or individuals that would
pursue any financial interest in
conflict with that of the workers;
(III) an organization that is independent
as described in subclause (II)(bb); and
(IV) an organization that has expertise in
domestic work and the workforce of domestic
workers;
(ii) an eligible provider of training
services listed pursuant to section 122(d) of
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3152(d)); or
(iii) an entity that carries out a program
registered under the Act of August 16, 1937
(commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.).
(B) Eligible entity that trains personal care aides
or assistants.--In the case of an entity that plans to
use a grant or cooperative agreement under this section
to train personal care aides or assistants, such entity
shall, to be eligible for such grant or contract,
partner with individuals with disabilities or
organizations that represent individuals with
disabilities.
(2) Program plan.--
(A) In general.--To be eligible to receive a grant
or enter into a contract under this section, an entity
described in paragraph (1) shall submit to the
Secretary of Labor a plan that describes a 4-year
strategy for meeting the needs of domestic workers in
the area to be served by such entity.
(B) Contents.--Such plan shall--
(i) describe the domestic worker population
to be served and identify the needs of the
population to be served for workforce
investment activities and related assistance,
which may include employment and supportive
services;
(ii) identify the manner in which career
pathways to be provided will strengthen the
ability of the domestic workers to be served to
obtain or retain employment and to improve
wages or working conditions, including improved
employment standards and opportunities in the
field of domestic work;
(iii) specifically address how the funding
provided through the grant or contract for
services under this section to domestic workers
will improve wages and skills for domestic
workers in a way that helps meet the need to
recruit workers for and retain workers in in-
demand occupations or careers; and
(iv) in the case of an entity that plans to
serve domestic workers who are personal care
aides or assistants through the grant or
contract, provide an assurance that the
workforce investment activities and related
assistance carried out under this section will
include relevant training for such domestic
workers--
(I) regarding the rights of
recipients of home and community based
services, including the rights of such
recipients to--
(aa) receive services in
integrated settings that
provide access to the broader
community;
(bb) exercise self-
determination;
(cc) be free from all forms
of abuse, neglect, or
exploitation; and
(dd) receive person-
centered planning and
practices, including through
the participation of such
recipients in planning
activities;
(II) to ensure that each
participant of such training has the
necessary skills to recognize abuse and
understand their obligations with
regard to reporting and responding to
abuse appropriately in accordance with
relevant Federal and State law; and
(III) regarding the provision of
culturally competent and disability-
competent supports to recipients of
services provided by personal care
aides or assistants.
(3) Awards and administration.--The grants and contracts
under this subsection shall be awarded by the Secretary using
full and open competitive procedures and shall be administered
by the Secretary.
(d) Authorized Activities.--Funds made available under this section
shall be used to carry out workforce investment activities and provide
related assistance for domestic workers, which may include--
(1) outreach, employment, training services, educational
assistance, digital literacy assistance, English language and
literacy instruction, worker safety training, supportive
services, school dropout prevention and recovery activities,
individual career services, and career pathways;
(2) follow-up services for those individuals placed in
employment;
(3) development or education as needed by eligible
individuals as identified;
(4) customized career and technical education in
occupations that will lead to higher wages, enhanced benefits,
and long-term employment in domestic work or another area; and
(5) the creation or maintenance of employment and training-
related placement services, including digital placement
services.
(e) Funding Allocation.--From the funds appropriated and made
available to carry out this section, the Secretary shall reserve not
more than 1 percent for discretionary purposes related to carrying out
this section, such as providing technical assistance to eligible
entities.
(f) Eligible Provider Performance Reports.--Each eligible entity
shall prepare performance reports to report on outcomes achieved by the
programs of workforce investment activities and related assistance
carried out under this section. The performance report for an eligible
entity shall include, with respect to each such program (referred to in
this subsection as a ``program of study'') of such provider--
(1) information specifying the levels of performance
achieved with respect to the primary indicators of performance
described in subclauses (I) through (V) of section
116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3141(b)(2)(A)(i)) with respect to all individuals
engaging in the program of study;
(2) the total number of individuals exiting from the
program of study;
(3) the total number of participants who received training
services through the program;
(4) the total number of participants who exited from
training services, disaggregated by the type of entity that
provided the training services, during the most recent program
year and the 3 preceding program years;
(5) the average cost per participant for the participants
who received training services, disaggregated by the type of
entity that provided the training services, during the most
recent program year and the 3 preceding program years; and
(6) information on indicators specified by the Secretary
concerning the impact of the training services on the wages,
skills, recruitment, and retention of participants.
SEC. 204. REPORT ON CAREER PATHWAYS, TRAINING STANDARDS, AND
APPRENTICESHIPS FOR DOMESTIC WORKERS.
(a) Definition.--In this section, the term ``Secretary'' means the
Secretary of Labor, acting in consultation with the Secretary of
Education and the Secretary of Health and Human Services.
(b) Preparation.--
(1) In general.--The Secretary shall conduct an interim
study and a final study regarding the development of career
pathways, national training standards, registered
apprenticeship programs, and credentials for domestic workers
who work in health care.
(2) Contents.--The study required under paragraph (1)
shall--
(A)(i) examine how the establishment or expansion
of career pathways, national training standards,
registered apprenticeship programs, or credentials
could enable the Nation to meet the growing demand for
domestic workers; and
(ii) make recommendations on whether and, if so,
how that establishment could improve wages and working
conditions across the domestic worker industry;
(B)(i) examine how the creation or expansion of
registered apprenticeship programs for domestic
workers, including such programs conducted at work
sites of domestic workers and such programs that use
peer educators and peer mentors for such workers, could
improve opportunities for such workers; and
(ii) make recommendations on whether and, if so,
how, that creation or expansion could improve wages and
working conditions across the domestic worker industry;
and
(C) examine whether any amendments to the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)
after the date of enactment of this Act should include
assistance, through grants and contracts, specifically
for domestic workers to improve outreach, training,
education, and other assistance and support activities
for such workers.
(3) Consultation.--The study under paragraph (1) shall be
conducted in consultation with representatives of domestic
workers, experts in the field of domestic work, and domestic
worker-led organizations.
(c) Submission of Reports.--
(1) Interim report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall prepare and
submit to Congress an interim report containing the findings of
the interim study under subsection (b).
(2) Final report.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall prepare and
submit to Congress a final report containing the findings of
the final study under subsection (b).
TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS
SEC. 301. DEFINITIONS.
In this title:
(1) Domestic workers bill of rights.--The term ``domestic
workers bill of rights''--
(A) means the rights and protections provided to
domestic workers under this Act, and the amendments
made by this Act, including (as applicable)--
(i) coverage under the overtime
requirements of section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207);
(ii) the right of live-in domestic
employees to certain notices and communications
under section 8 of such Act (29 U.S.C. 208);
(iii) any minimum wage for domestic workers
that may be established pursuant to a
recommendation to Congress under section
201(e)(3);
(iv) the protection against retaliation
under section 15(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)(3));
(v) the applicability of title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000a et
seq.) to employers of 1 or more employees;
(vi) the labor rights and privacy
protections provided to domestic workers under
subtitle B of title I, including--
(I) the right to a written
agreement under section 110;
(II) the right to earned paid sick
time provided under section 111;
(III) the fair scheduling practices
required under section 112;
(IV) the right to request and
receive temporary changes to scheduled
work hours for certain personal events
under section 113;
(V) the privacy protections under
section 114;
(VI) the right to meal and rest
breaks in accordance with section 115;
(VII) the protection from wage
deductions for cash shortages,
breakages, or loss under subsection (a)
of section 116 and wage deductions or
other penalties for communications
described in subsection (b) of such
section; and
(VIII) the protection against
retaliation under section 117(b); and
(vii) the availability of--
(I) safety data sheets for
household cleaning supplies in
accordance with the consumer product
safety standard promulgated by the
Consumer Product Safety Commission
under section 7 of the Consumer Product
Safety Act (15 U.S.C. 2056) and section
122(a);
(II) educational materials from the
National Institute for Occupational
Safety and Health relating to the
health and safety of domestic workers
who provide child care or cleaning
services under section 122(b); and
(III) the national domestic worker
hotline supported under section 121,
including the phone number and other
contact methods for the hotline; and
(B) includes any rules promulgated by the Secretary
under this Act, or the amendments made by this Act, and
any standard recommended by the Board that is
promulgated as such a rule or otherwise implemented by
the Secretary.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an organization described in paragraph (3),
(5), or (6) of section 501(c) of the Internal Revenue
Code of 1986 and exempt from taxation under section
501(a) of such Code that--
(i) has a board of directors, at least one-
half of the members of which is comprised of--
(I) domestic workers; or
(II) representatives of
organizations of such workers, which
organization is independent from all
businesses, organizations,
corporations, or individuals that would
pursue any financial interest in
conflict with that of the workers;
(ii) is independent, as described in clause
(i)(II);
(iii) has expertise in domestic service and
the workforce of domestic workers, and has a
track record of working with domestic workers;
and
(iv) operates in a jurisdiction with a
significant population of domestic workers; or
(B) a partnership of organizations described in
subparagraph (A).
(3) Notice of domestic worker rights.--The term ``notice of
domestic worker rights'' means the document created and made
available by the Secretary under section 302(a).
SEC. 302. NOTICE OF DOMESTIC WORKER RIGHTS.
(a) Providing Notice of Rights to Domestic Workers.--
(1) Notice of rights.--The Secretary shall create, and make
available, a notice of domestic worker rights document that
describes the rights and protections provided by the domestic
workers bill of rights and any other protections and other
rights afforded under Federal law to domestic workers.
(2) Availability and accessibility of notice.--The notice
of domestic worker rights shall be--
(A) a written document made available online,
including through the website described in subsection
(b); and
(B) available in English, Spanish, and other
languages understood by domestic workers, which shall
be determined by the Secretary and include, at a
minimum, the translation languages for the basic
information fact sheet (or any successor document)
produced by the Department of Labor.
(b) Establishing a Domestic Workers Rights Website.--Not later than
180 days after the date of enactment of this Act, the Secretary shall
establish a single web page on the website of the Department of Labor
that summarizes in plain language the rights of domestic workers under
the domestic workers bill of rights.
SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORKERS BILL OF RIGHTS
ENFORCEMENT.
(a) Establishment.--There is established an Interagency Task Force
on Domestic Workers Bill of Rights Enforcement (referred to in this
section as the ``Task Force'').
(b) Members.--The Task Force shall consist of--
(1) representatives of the Department of Labor selected by
the Secretary, including representatives of the Wage and Hour
Division, Occupational Safety and Health Administration, and
Office of the Solicitor of Labor;
(2) representatives of the Department of Health and Human
Services selected by the Secretary of Health and Human
Services, including representatives of the Centers for Medicare
and Medicaid Services and the Administration for Community
Living; and
(3) representatives of the Equal Employment Opportunity
Commission, selected by the Commission.
(c) Initial Meeting.--The Task Force shall hold its first meeting
by not later than 90 days after the date of enactment of this Act.
(d) Duties.--
(1) Recommendations regarding workplace challenges.--
Beginning not later than 180 days after the date of enactment
of this Act, the Task Force shall--
(A) examine the issues and challenges facing
domestic workers who come forward to enforce their
workplace rights;
(B) identify challenges agencies enforcing these
workplace rights have in reaching domestic workers and
enforcing, including by conducting hearings in each of
the regions served by the regional offices of the Wage
and Hour Division of the Department of Labor to hear
directly from domestic workers, advocates, and
officials or employees of such agencies in the regional
and local areas; and
(C) develop a set of recommendations, including
sample legislative language, on the best enforcement
strategies to protect the workplace rights of domestic
workers, including--
(i) how to reach, and enforce the rights
of, domestic workers who work in private homes;
(ii) ways for Federal agencies to work
together or conduct joint enforcement of
workplace rights for domestic workers, as
domestic workers who experience one type of
violation are likely also experiencing other
types of violations; and
(iii) ways the Task Force can work with
State and local enforcement agencies on the
enforcement of workplace rights for domestic
workers.
(2) Report.--By not later than 1 year after the date of the
first meeting of the Task Force, the Task Force shall prepare
and submit a report to Congress regarding the recommendations
described in paragraph (1)(C).
(3) Joint enforcement.--
(A) In general.--For a period of not more than 3
years after the date of enactment of this Act, the Task
Force shall carry out such actions as the Task Force
determines necessary to support joint enforcement by
Federal agencies of violations of the rights of
domestic workers.
(B) Report.--At the end of the 3-year period
described in subparagraph (A), the Task Force shall
submit a report to Congress regarding the efficacy of
joint enforcement.
(4) Audit of federal enforcement strategies.--By not later
than 3 years after the date of enactment of this Act, and every
3 years thereafter, the Task Force shall--
(A) conduct an audit of the Federal enforcement
strategies relating to the rights of domestic workers;
and
(B) prepare and submit to Congress a report
regarding the results of the audit.
(5) Consultation regarding community-based enforcement
demonstration projects.--Upon the request of the Secretary, the
Task Force shall review, and provide recommendations regarding,
the applications for community-based enforcement grants under
section 304.
SEC. 304. NATIONAL GRANT FOR COMMUNITY-BASED EDUCATION, OUTREACH, AND
ENFORCEMENT OF DOMESTIC WORKER RIGHTS.
(a) Program Authorized.--
(1) In general.--From amounts made available to carry out
this section, the Secretary, after consultation with the
Interagency Task Force on Domestic Workers Bill of Rights
Enforcement, shall award grants to eligible entities to enable
the eligible entities to expand and improve cooperative efforts
between Federal agencies and members of the community, in order
to--
(A) enhance the enforcement of the domestic workers
bill of rights and other workplace rights provided to
domestic workers under relevant Federal, State, and
local laws;
(B) educate domestic workers of their rights under
the domestic workers bill of rights and other workplace
rights under Federal, State, and local laws;
(C) educate domestic work hiring entities regarding
their responsibilities and obligations under the
domestic workers bill of rights and other relevant
Federal, State, and local laws; and
(D) assist domestic workers in pursuing their
workplace rights under the domestic workers bill of
rights and other relevant Federal, State, or local
laws.
(2) Duration of grants.--Each grant awarded under this
section shall be for a period of not more than 3 years.
(b) Applications.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit an application at such time, in such
manner, and containing such information as the Secretary may
require.
(2) Partnership applications.--In the case of an eligible
entity that is a partnership, the eligible entity may
designate, in the application, a single organization in the
partnership as the lead entity for purposes of receiving and
disbursing funds.
(3) Contents.--An application described in paragraph (1)
shall include--
(A) a description of a plan for the demonstration
project that the eligible entity proposes to carry out
with a grant under this section, including a long-term
strategy and detailed implementation plan that reflects
expected participation of, and partnership with,
community partners; and
(B) information on the training and education that
will be provided to domestic workers and domestic work
hiring entities under such program.
(c) Selection.--
(1) In general.--Subject to paragraph (2), the Secretary
shall award grants under this section on a competitive basis.
(2) Distribution through regions.--In awarding grants under
this section, the Secretary shall ensure that a grant is
awarded to an eligible entity in each region represented by a
regional office of the Wage and Hour Division of the Department
of Labor, to the extent practicable based on the availability
of appropriations and the applications submitted.
(d) Use of Funds.--An eligible entity receiving a grant under this
section shall use grant funds to develop a community partnership and
establish and support, through the partnership, 1 or more of the
following activities:
(1) Disseminating information and conducting outreach and
training to educate domestic workers about the rights and
protections provided under the domestic workers bill of rights.
(2) Conducting educational training for domestic work
hiring entities about their obligations under the domestic
workers bill of rights.
(3) Conducting orientations and training jointly with
relevant Federal agencies, including the Interagency Task Force
established under section 303, regarding the rights and
protections provided under the domestic workers bill of rights.
(4) Providing mediation services between private-pay
employers and workers.
(5) Providing assistance to domestic workers in filing
claims relating to violations of the domestic workers bill of
rights, either administratively or in court.
(6) Monitoring compliance by domestic work hiring entities
with the domestic workers bill of rights.
(7) Establishing networks for education, communication, and
participation in the community relating to the domestic workers
bill of rights.
(8) Evaluating the effectiveness of programs designed to
prevent violations of the domestic workers bill of rights and
enforce the domestic workers bill of rights.
(9) Recruiting and hiring staff and volunteers for the
activities described in this subsection.
(10) Producing and disseminating outreach and training
materials.
(11) Any other activity as the Secretary may reasonably
prescribe through notice and comment rulemaking.
(e) Memoranda of Understanding.--
(1) In general.--Not later than 60 days after receiving a
grant under this section, an eligible entity shall negotiate
and finalize with the Secretary a memorandum of understanding
that sets forth specific goals, objectives, strategies, and
activities that will be carried out under the grant by the
eligible entity through a community partnership.
(2) Signatures.--A representative of the eligible entity
receiving a grant (or, in the case of an eligible entity that
is a partnership, a representative of each organization in the
partnership) and the Secretary shall sign the memorandum of
understanding under this subsection.
(3) Revisions.--A memorandum of understanding under this
subsection shall be reviewed and revised by the eligible entity
and the Secretary each year for the duration of the grant.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 305. ENCOURAGING THE USE OF FISCAL INTERMEDIARIES.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Labor shall issue a rule to facilitate the use of fiscal
intermediaries that enable payments between domestic workers and
domestic work hiring entities, to improve transparency, enforcement,
and working conditions of domestic workers.
SEC. 306. J-1 VISA PROGRAM.
(a) Rule of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to limit the authority of the
Secretary of Labor or the States to enforce labor laws, or promulgate
regulations, with respect to work performed by an individual who is--
(1) participating in an exchange visitor program described
in section 62.31 of title 22, Code of Federal Regulations (or a
successor regulation); and
(2) present in the United States pursuant to a visa issued
under section 101(a)(15)(J) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(J)).
(b) Notification of Rights.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State and any sponsor
designated under subsection (b) of section 62.31 of title 22,
Code of Federal Regulations (or a successor regulation), to
carry out an au pair program shall--
(A) notify each au pair participating in the
program of his or her rights under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.); and
(B) provide to each such au pair--
(i) a description of the services provided
by the Wage and Hour Division of the Department
of Labor; and
(ii) information with respect to the manner
in which the au pair may contact the Department
of Labor to request assistance.
(2) Applicability of domestic worker requirements.--The
notice requirement under paragraph (1) shall be in addition to
all other protections or notices that apply to a domestic
worker who is also an individual participating in an au pair
program.
SEC. 307. APPLICATION TO DOMESTIC WORKERS WHO PROVIDE MEDICAID-FUNDED
SERVICES.
(a) Regulations To Apply Domestic Worker Protections and Rights.--
Not later than 1 year after the date of enactment of this Act, the
Secretary and the Secretary of Health and Human Services jointly shall
develop and issue the following regulations:
(1) Regulations regarding the application of the
protections and rights afforded to domestic workers including
personal care aide or assistants who provide services described
in subsection (b) that are funded under the State plan under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
or under a waiver of such plan including through a contract or
other arrangement with a managed care entity (as defined in
section 1932(a)(1)(B) of the Social Security Act (42 U.S.C.
1396u-2(a)(1)(B))), to individuals enrolled in such plan or
waiver. The regulations issued under this paragraph shall
recognize the role of self-directed care for individuals with
disabilities and shall--
(A) protect, stabilize, and expand the domestic
worker and personal care aide or assistant workforce;
(B) recognize the role of self-directed care for
individuals with disabilities;
(C) prohibit States from requiring individuals with
disabilities who self-direct their care to use their
direct service budget to pay for costs resulting from
the application of such protections and rights to
domestic workers (such as paid sick time, penalties, or
overtime pay) except to the extent that such costs are
directly related to the provision of services described
in subsection (b) to such individuals;
(D) facilitate Federal and State compliance with
section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), and the holdings of the
Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999),
and companion cases; and
(E) prohibit States from reducing the level at
which States make medical assistance for the services
described in subsection (b) available under the State
plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) or under a waiver of such plan as
a result of the application of protections and rights
afforded to domestic workers who provide such services.
(2) Regulations regarding--
(A) mechanisms for States to use to pay for the
costs described in paragraph (1)(C), including, to the
extent the Secretaries determine appropriate, through
the establishment of a dedicated State fund, using
funds appropriated to a State agency, and using fiscal
intermediaries; and
(B) how States may use funds provided as a result
of the increased Federal medical assistance percentage
for services provided by domestic workers under section
1905(jj) of such Act (42 U.S.C. 196d(jj)) (as added by
section 401) for such costs.
(b) Services Described.--The services described in this subsection
are the following:
(1) Home health care services authorized under paragraph
(7) of section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)).
(2) Personal care services authorized under paragraph (24)
of such section.
(3) PACE services authorized under paragraph (26) of such
section.
(4) Home and community-based services authorized under
subsections (b), (c), (i), (j), and (k) of section 1915 of such
Act (42 U.S.C. 1396n), such services authorized under a waiver
under section 1115 of such Act (42 U.S.C. 1315), and such
services provided through coverage authorized under section
1937 of such Act (42 U.S.C. 1396u-7).
(5) Case management services authorized under section
1905(a)(19) of the Social Security Act (42 U.S.C. 1396d(a)(19))
and section 1915(g) of such Act (42 U.S.C. 1396n(g)).
(6) Rehabilitative services, including those related to
behavioral health, described in section 1905(a)(13) of such Act
(42 U.S.C. 1396d(a)(13)).
(7) Such other services specified by the Secretary of
Health and Human Services.
SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT-FUNDED PROGRAMS.
(a) In General.--Notwithstanding any other provision of this Act,
the Secretary shall delay all enforcement relating to the provisions of
this Act, or the amendments made by this Act, with respect to a
Federal, State, or local governmental agency, or an entity operating
under a grant, contract, or other agreement for such agency until the
day that is 2 years after the date of enactment of this Act.
(b) Extension Option.--The Secretary may extend the 2-year delay
period in enforcement under subsection (a) with respect to a Federal,
State, or local governmental agency, or an entity operating under a
grant, contract, or other agreement for such agency for an additional
1-year period, if, through a process established by the Secretary, the
Secretary determines the delay appropriate. In applying the preceding
sentence, a delay in issuing the regulations required under section 307
shall be deemed a reason to extend the delayed enforcement period.
(c) Delay of Enforcement Through Civil Actions by Domestic Workers
Providing Services Funded Under Medicaid.--No action may be brought
under section 118(a)(3) against a domestic work hiring entity that
receives payment under a State Medicaid plan or waiver under title XIX
of the Social Security Act for providing any services described in
section 307(b), until on or after the date that is 2 years after the
date of enactment of this Act.
TITLE IV--FUNDING
SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MEDICAL ASSISTANCE
PERCENTAGE FOR MEDICAID-FUNDED SERVICES PROVIDED BY
DOMESTIC WORKERS.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (b), by striking ``and (ii)'' and
inserting ``(ii), and (jj)''; and
(2) by adding at the end the following new subsection:
``(jj) Increased FMAP for Medical Assistance for Services Provided
by Domestic Workers.--
``(1) Amount of increase.--
``(A) In general.--Notwithstanding subsection (b),
with respect to amounts expended by a State for medical
assistance described in paragraph (2) that is provided
by a personal care aide or assistant during a quarter
within the twenty-quarter period beginning with the
first quarter that begins after the date of enactment
of this subsection, the Federal medical assistance
percentage for the State and the quarter that applies
to such expenditures shall, after application of any
increase to the Federal medical assistance percentage
for the State and quarter, if applicable, under
subsection (y), (z), (aa), or (ii) of this section,
section 1915(k), section 6008 of the Families First
Coronavirus Response Act, section 9817 of the American
Rescue Plan Act, or any other provision of law, be
increased by 4 percentage points (not to exceed 100
percent).
``(B) Disregard from territorial payment caps.--Any
payment made to Puerto Rico, the Virgin Islands, Guam,
the Northern Mariana Islands, or American Samoa for
expenditures on medical assistance that are subject to
the Federal medical assistance percentage increase
specified under subparagraph (A) shall not be taken
into account for purposes of applying payment limits
under subsections (f) and (g) of section 1108.
``(2) Medical assistance described.--The medical assistance
described in this paragraph is the following:
``(A) Home health care services authorized under
paragraph (7) of subsection (a).
``(B) Personal care services authorized under
paragraph (24) of such subsection.
``(C) PACE services authorized under paragraph (26)
of such subsection.
``(D) Home and community-based services authorized
under subsections (b), (c), (i), (j), and (k) of
section 1915, such services authorized under a waiver
under section 1115, and such services provided through
coverage authorized under section 1937.
``(E) Case management services authorized under
subsection (a)(19) and section 1915(g).
``(F) Rehabilitative services, including those
related to behavioral health, described in subsection
(a)(13).
``(G) Such other services specified by the
Secretary.
``(3) Maintenance of effort requirement.--A State may not
receive the increase described in paragraph (1) with respect to
a quarter if the eligibility standards, methodologies, or
procedures applicable to the provision of medical assistance
described in paragraph (2) under the State plan (or waiver of
such plan) are more restrictive during such quarter than the
eligibility standards, methodologies, or procedures,
respectively, applicable to the provision of such assistance
under such plan (or waiver) as in effect on the date of
enactment of this subsection.
``(4) Personal care aide or assistant defined.--In this
subsection, the term `personal care aide or assistant' has the
meaning given that term in section 3(b)(11) of the Domestic
Workers Bill of Rights Act and includes any individual who
provides medical assistance described in paragraph (2) for
compensation.''.
(b) Application to CHIP.--Section 2105(a) of the Social Security
Act (42 U.S.C. 1397ee(a)) is amended by adding at the end the following
new paragraph:
``(5) Child health assistance provided by domestic
workers.--
``(A) In general.--Notwithstanding paragraph (1)
and subsection (b), the Secretary shall pay to each
State with a plan approved under this title, from its
allotment under section 2104, an amount, for each
quarter within the twenty-quarter period beginning with
the first quarter that begins after the date of
enactment of this paragraph, equal to the enhanced
FMAP, increased by 4 percentage points (not to exceed
100 percent) of expenditures in the quarter for child
health assistance and pregnancy-related assistance
described in subparagraph (B) that are provided under
the plan for targeted low-income children and targeted
low-income women.
``(B) Child health assistance and pregnancy-related
assistance described.--The child health assistance and
pregnancy-related assistance described in this
subparagraph are the following:
``(i) Home and community-based health care
services and related supportive services under
paragraph (14) of section 2110 (other than
training for family members, and minor
modifications to the home).
``(ii) Rehabilitative services under
paragraph (24) of section 2110.''.
SEC. 402. PROCESS FOR DETERMINING AN INCREASED FMAP TO ENSURE A ROBUST
HOMECARE WORKFORCE UNDER MEDICAID.
(a) Data Collection.--The Secretary of Health and Human Services,
acting through the Assistant Secretary for Planning and Evaluation
(referred to in this section as ``ASPE''), shall enter into
arrangements with States to collect State Medicaid program data on the
personal care aide or assistant workforce. The data collected under
such arrangements shall include the following:
(1) Rates of retention and turnover of personal care aide
or assistants by program type and State.
(2) Causes of such turnover.
(3) Numbers and types of personal care aide or assistants
impacted by this Act and the amendments made by this Act,
including, but not limited to, with respect to--
(A) personal care aide or assistants providing
services to individuals who are enrolled in a State
Medicaid program, including, in the case of individuals
enrolled under a waiver of such program, the types of
waivers involved; and
(B) personal care aide or assistants providing
services to individuals who are not enrolled in a State
Medicaid program.
(4) Wages earned by personal care aide or assistants in
each State.
(5) Variations in wages across types of employers of
personal care aide or assistants.
(6) Any other such data as ASPE determines relevant to
studying how to improve the recruitment and retention of the
personal care aide or assistant workforce.
(b) Proposed FMAP Increase.--
(1) In general.--Based on the data collected under
arrangements entered into under subsection (a), ASPE shall
determine a proposed increased FMAP for amounts expended by a
State for medical assistance described in section 1905(jj)(2)
of the Social Security Act (42 U.S.C. 1396d(jj)(2)) (as added
by section 401) under the State Medicaid program that is
provided by a personal care aide or assistant.
(2) Requirements.--The proposed increased FMAP shall be
designed to do the following:
(A) Provide adequate reimbursement under State
Medicaid programs for increased costs for Federal,
State, and local changes in wages and benefits for
personal care aide or assistants as a result of this
Act and the amendments made by this Act.
(B) Improve the rates of retention and recruitment
of personal care aide or assistants.
(C) Ensure the independence and integration of
individuals with disabilities who rely on personal care
aide or assistants.
(3) Consultation.--In determining such proposed increased
FMAP, ASPE shall consult with the Domestic Worker Wage and
Standards Board and shall provide that Board with the
opportunity to make formal written comments on ASPE's final
proposed increased FMAP before the report required under
subsection (c) is submitted to Congress.
(c) Report.--
(1) Deadline.--Not later than 1 year after the date of
enactment of this Act, ASPE shall submit a report to Congress
that includes the following:
(A) The proposed increased FMAP determined by ASPE.
(B) An explanation of the benefits of using the
proposed increased FMAP calculation for--
(i) the personal care aide or assistant
workforce; and
(ii) elderly individuals and individuals
with disabilities who are provided medical
assistance described in section 1905(jj)(2) of
the Social Security Act (42 U.S.C.
1396d(jj)(2)) (as added by section 401) by a
personal care aide or assistant, as well as to
family caregivers.
(C) The written comments, if any, submitted by the
Domestic Worker Wage and Standards Board to ASPE prior
to the submission of the report.
(D) Suggestions for how States and the Federal
Government can improve the process of obtaining timely,
uniform data under State Medicaid programs regarding
the personal care aide or assistant workforce.
(E) Methods of ensuring parity in wages and working
conditions of domestic workers covered under this bill
and workers performing substantially similar Medicaid
funded occupations such as in congregate settings.
(2) Optional addendum.--Not later than 90 days after the
report required under paragraph (1) is submitted to Congress,
the Domestic Worker Wage and Standards Board may submit an
addendum to the report to Congress that contains the Board's
views regarding the proposed increased FMAP and report
submitted by ASPE.
(d) Definitions.--In this section:
(1) Personal care aide or assistant.--The term ``personal
care aide or assistant'' has the meaning given that term in
section 1905(jj)(4) of the Social Security Act (42 U.S.C.
1396d(jj)(4)).
(2) FMAP.--The term ``FMAP'' means the Federal medical
assistance percentage, as defined in section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)), as determined without
regard to this section.
(3) State.--The term ``State'' has the meaning given that
term in section 1101 of the Social Security Act (42 U.S.C.
1301) for purposes of title XIX of that Act.
(4) State medicaid program.--The term ``State Medicaid
program'' means, with respect to a State, the program for
medical assistance carried out by a State under a State plan
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) and any waiver of that plan.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act, and
the amendments made by this Act, such sums as may be necessary.
TITLE V--SEVERABILITY
SEC. 501. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act, or an
amendment made by this Act, or the application of such provision or
amendment to other persons or circumstances, shall not be affected.
<all>
|
Domestic Workers Bill of Rights Act
|
A bill to enhance the rights of domestic workers, and for other purposes.
|
Domestic Workers Bill of Rights Act
|
Sen. Gillibrand, Kirsten E.
|
D
|
NY
|
11,355
| 13,686
|
H.R.1246
|
Commerce
|
Paycheck Protection Clarification for Producers Act
This bill expands eligibility for agricultural producers under the Paycheck Protection Program, established to support small businesses in response to COVID-19 (i.e., coronavirus disease 2019), to include certain agricultural producers such as partnerships or limited liability companies. Currently, only certain agricultural producers that are sole proprietorships, independent contractors, or self-employed individuals may receive support under the program.
|
To amend the Small Business Act to allow ranchers and farmers to use an
alternative calculation for a maximum loan amount under the paycheck
protection program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paycheck Protection Clarification
for Producers Act''.
SEC. 2. PAYCHECK PROTECTION PROGRAM LOAN CALCULATION FOR FARMERS OR
RANCHERS.
(a) In General.--Section 7(a)(36)(V)(i) of the Small Business Act
(as amended by the Economic Aid to Hard-Hit Small Businesses,
Nonprofits, and Venues Act (Public Law 116-260)) is amended by striking
subclause (I) and redesignating subclauses (II) and (III) as subclauses
(I) and (II), respectively.
(b) Effective Date; Applicability.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall be effective as if
included in the CARES Act (Public Law 116-136; 134 Stat. 281)
and shall apply to any loan made pursuant to section 7(a)(36)
of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or
after the date of enactment of this Act, including forgiveness
of such a loan.
(2) Exclusion of loans already forgiven.--The amendments
made by subsection (a) shall not apply to a loan made pursuant
to section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)) for which the borrower received forgiveness before
the date of enactment of this Act under section 1106 of the
CARES.
<all>
|
Paycheck Protection Clarification for Producers Act
|
To amend the Small Business Act to allow ranchers and farmers to use an alternative calculation for a maximum loan amount under the paycheck protection program.
|
Paycheck Protection Clarification for Producers Act
|
Rep. Kind, Ron
|
D
|
WI
|
11,356
| 6,889
|
H.R.3983
|
Immigration
|
Responsible Practical Training Act of 2021
This bill imposes limits on the Optional Practical Training program and addresses related issues. (The program provides an F-1 student visa holder temporary employment authorization before or after completion of the student's studies, or both. Currently, an eligible alien may receive up to 12 months of employment authorization under the program, with a 24-month extension available to certain individuals with degrees in certain fields related to science, technology, engineering, or math.)
Specifically, the bill requires the Department of Homeland Security to issue regulations to (1) limit the program to six months and eliminate any extensions; and (2) exclude from the program any alien with a degree or working in a sensitive field, such as military-related fields.
The Department of Labor must conduct a wage analysis of the Optional Practical Training program and Curricular Practical Training program. The analysis must include a determination as to whether the aliens in the programs received wages appropriate for the type and location of employment.
|
To direct the Secretary of Homeland Security to issue regulations with
respect to the optional practical training program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Practical Training Act
of 2021''.
SEC. 2. OPTIONAL PRACTICAL TRAINING PROGRAM.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act and notwithstanding any other provision of law,
the Secretary of Homeland Security shall issue such regulations as may
be necessary to update part 214.2(f)(10-12) of title 8, Code of Federal
Regulations, with respect to the optional practical training program
(or a successor program) to--
(1) limit such training program to six months and end any
extension of such training program; and
(2) exclude aliens with a degree or working in military
related or other sensitive fields from such training program.
(b) Wage Study.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Labor shall conduct a wage analysis on the
optional practical training program and curricular practical
training (or successor programs), including--
(A) information on the duties, hours, and
compensation of an alien working under such programs;
and
(B) a determination on the extent to which
employment under such programs has or has not resulted
in the payment of commensurate wages to the alien,
appropriate for the type and location of such
employment.
(2) Publication.--Not later than one year after the first
wage study under paragraph (1) is conducted, and annually
thereafter, the Secretary of Labor shall publish the findings
of the wage study on the internet website of the Department of
Labor.
(c) Applicability.--Any regulation issued under subsection (a)
shall not apply to an alien employed by a legitimate employer under the
optional practical training program that has been recorded in the
Student and Exchange Visitor Information System on the date on which
such regulations are issued under the optional practical training
program or an extension of such training program on the date on which
such regulations are issued.
(d) Definitions.--In this section:
(1) Military related or other sensitive fields.--the term
``military related or other sensitive fields'' includes nuclear
engineering, underseas warfare, cyber warfare, combat systems
engineering, military applied sciences, military information
systems technology, strategic intelligence, general
intelligence, signal and geospatial intelligence, command and
control systems and operations, information operations or joint
information operations, information or psychological warfare
and military media relations, cyber or electronic operations
and warfare, intelligence, command control and information
operations, missile and space systems technology, munitions
systems or ordinance technology, radar communications and
systems technology, military systems and maintenance
technology, low-observables and stealth technology,
nanotechnology or any other field determined by the Under
Secretary of Homeland Security for Intelligence and Analysis to
be a military related or otherwise sensitive field.
(2) Student and exchange visitor information system.--The
term ``Student and Exchange Visitor Information System'' means
the system described in part 214.2 of title 8, Code of Federal
Regulations, and used by the Student and Exchange Visitor
Program (SEVP) to track and monitor schools, exchange visitor
programs, and F, M and J nonimmigrants while they visit the
United States and participate in the United States education
system.
<all>
|
Responsible Practical Training Act of 2021
|
To direct the Secretary of Homeland Security to issue regulations with respect to the optional practical training program, and for other purposes.
|
Responsible Practical Training Act of 2021
|
Rep. Cawthorn, Madison
|
R
|
NC
|
11,357
| 7,859
|
H.R.397
|
Emergency Management
|
CBRN Intelligence and Information Sharing Act of 2021
This bill expands the functions of the Office of Intelligence and Analysis of the Department of Homeland Security related to homeland-security focused intelligence and information sharing.
The office shall
|
To amend the Homeland Security Act of 2002 to establish chemical,
biological, radiological, and nuclear intelligence and information
sharing functions of the Office of Intelligence and Analysis of the
Department of Homeland Security and to require dissemination of
information analyzed by the Department to entities with
responsibilities relating to homeland security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CBRN Intelligence and Information
Sharing Act of 2021''.
SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE
AND INFORMATION SHARING.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after
section 210G the following new section:
``SEC. 210H. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.
``(a) In General.--The Office of Intelligence and Analysis of the
Department of Homeland Security shall--
``(1) support homeland security-focused intelligence
analysis of terrorist actors, their claims, and their plans to
conduct attacks involving chemical, biological, radiological,
or nuclear materials against the United States, including
critical infrastructure;
``(2) support homeland security-focused intelligence
analysis of global infectious disease, public health, food,
agricultural, and veterinary issues;
``(3) support homeland security-focused risk analysis and
risk assessments of the homeland security hazards described in
paragraphs (1) and (2), including the transportation of
chemical, biological, nuclear, and radiological materials, by
providing relevant quantitative and nonquantitative threat
information;
``(4) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance early
detection, prevention, protection, response, and recovery
efforts with respect to a chemical, biological, radiological,
or nuclear attack;
``(5) share information and provide tailored analytical
support on such threats to State, local, Tribal, and
territorial authorities, and other Federal agencies, as well as
relevant national biosecurity and biodefense stakeholders, as
appropriate; and
``(6) perform other responsibilities, as assigned by the
Secretary.
``(b) Coordination.--Where appropriate, the Office of Intelligence
and Analysis shall coordinate with other relevant Department
components, including the Countering Weapons of Mass Destruction Office
and the National Biosurveillance Integration Center, agencies within
the intelligence community, including the National Counter
Proliferation Center, and other Federal, State, local, Tribal, and
territorial authorities, including officials from high-threat urban
areas, State and major urban area fusion centers, and local public
health departments, as appropriate, and enable such entities to provide
recommendations on optimal information sharing mechanisms, including
expeditious sharing of classified information, and on how such entities
can provide information to the Department.
``(c) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence
community' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(2) National biosecurity and biodefense stakeholders.--
The term `national biosecurity and biodefense stakeholders'
means officials from Federal, State, local, Tribal, and
territorial authorities and individuals from the private sector
who are involved in efforts to prevent, protect against,
respond to, and recover from a biological attack or other
phenomena that may have serious health consequences for the
United States, including infectious disease outbreaks.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 201E the following new item:
``Sec. 210H. Chemical, biological, radiological, and nuclear
intelligence and information sharing.''.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter for each of
the following four years, the Secretary of Homeland Security
shall report to the appropriate congressional committees on the
following:
(A) The intelligence and information sharing
activities under section 210H of the Homeland Security
Act of 2002 (as added by subsection (a) of this
section) and of all relevant entities within the
Department of Homeland Security to counter the threat
from attacks using chemical, biological, radiological,
or nuclear materials.
(B) The Department's activities in accordance with
relevant intelligence strategies.
(2) Assessment of implementation.--The reports required
under paragraph (1) shall include the following:
(A) An assessment of the progress of the Office of
Intelligence and Analysis of the Department of Homeland
Security in implementing such section 210F.
(B) A description of the methods established to
carry out such assessment.
(3) Definition.--In this subsection, the term ``appropriate
congressional committees'' means the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate and
any committee of the House of Representatives or the Senate
having legislative jurisdiction under the rules of the House of
Representatives or Senate, respectively, over the matter
concerned.
SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO
STATE, LOCAL, TRIBAL, TERRITORIAL, AND PRIVATE ENTITIES
WITH RESPONSIBILITIES RELATING TO HOMELAND SECURITY.
Paragraph (6) of section 201(d) of the Homeland Security Act of
2002 (6 U.S.C. 121(d)) is amended by striking ``and to agencies of
State'' and all that follows through the period at the end and
inserting ``to State, local, tribal, territorial, and private entities
with such responsibilities, and, as appropriate, to the public, in
order to assist in preventing, deterring, or responding to acts of
terrorism against the United States.''.
Passed the House of Representatives April 20, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.
|
CBRN Intelligence and Information Sharing Act of 2021
|
To amend the Homeland Security Act of 2002 to establish chemical, biological, radiological, and nuclear intelligence and information sharing functions of the Office of Intelligence and Analysis of the Department of Homeland Security and to require dissemination of information analyzed by the Department to entities with responsibilities relating to homeland security, and for other purposes.
|
CBRN Intelligence and Information Sharing Act of 2021
CBRN Intelligence and Information Sharing Act of 2021
CBRN Intelligence and Information Sharing Act of 2021
|
Rep. Gimenez, Carlos A.
|
R
|
FL
|
11,358
| 10,981
|
H.R.2909
|
Taxation
|
This bill allows taxpayers an election to make a qualified charitable distribution to a split-interest entity (i.e., a charitable remainder annuity trust, charitable remainder unitrust, or charitable gift annuity funded exclusively by qualified charitable distributions). The aggregate amount of distributions may not exceed $50,000, adjusted for inflation for taxable years beginning after 2022.
|
To amend the Internal Revenue Code of 1986 to allow a one-time election
for a qualified charitable distribution to a split-interest entity and
to inflation adjust the limits for qualified charitable distributions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBUTION TO
SPLIT-INTEREST ENTITY; INCREASE IN QUALIFIED CHARITABLE
DISTRIBUTION LIMITATION.
(a) One-Time Election for Qualified Charitable Distribution to
Split-Interest Entity.--Section 408(d)(8) of such Code is amended by
adding at the end the following new subparagraph:
``(F) One-time election for qualified charitable
distribution to split-interest entity.--
``(i) In general.--A taxpayer may for a
taxable year elect under this subparagraph to
treat as meeting the requirement of
subparagraph (B)(i) any distribution from an
individual retirement account which is made
directly by the trustee to a split-interest
entity, but only if--
``(I) an election is not in effect
under this subparagraph for a preceding
taxable year,
``(II) the aggregate amount of
distributions of the taxpayer with
respect to which an election under this
subparagraph does not exceed $50,000,
and
``(III) such distribution meets the
requirements of clauses (iii) and (iv).
``(ii) Split-interest entity.--For purposes
of this subparagraph, the term `split-interest
entity' means--
``(I) a charitable remainder
annuity trust (as defined in section
664(d)(1)), but only if such trust is
funded exclusively by qualified
charitable distributions,
``(II) a charitable remainder
unitrust (as defined in section
664(d)(2)), but only if such unitrust
is funded exclusively by qualified
charitable distributions, or
``(III) a charitable gift annuity
(as defined in section 501(m)(5)), but
only if such annuity is funded
exclusively by qualified charitable
distributions and commences fixed
payments of 5 percent or greater not
later than 1 year from the date of
funding.
``(iii) Contributions must be otherwise
deductible.--A distribution meets the
requirement of this clause only if--
``(I) in the case of a distribution
to a charitable remainder annuity trust
or a charitable remainder unitrust, a
deduction for the entire value of the
remainder interest in the distribution
for the benefit of a specified
charitable organization would be
allowable under section 170 (determined
without regard to subsection (b)
thereof and this paragraph), and
``(II) in the case of a charitable
gift annuity, a deduction in an amount
equal to the amount of the distribution
reduced by the value of the annuity
described in section 501(m)(5)(B) would
be allowable under section 170
(determined without regard to
subsection (b) thereof and this
paragraph).
``(iv) Limitation on income interests.--A
distribution meets the requirements of this
clause only if--
``(I) no person holds an income
interest in the split-interest entity
other than the individual for whose
benefit such account is maintained, the
spouse of such individual, or both, and
``(II) the income interest in the
split-interest entity is nonassignable.
``(v) Special rules.--
``(I) Charitable remainder
trusts.--Notwithstanding section
664(b), distributions made from a trust
described in subclause (I) or (II) of
clause (ii) shall be treated as
ordinary income in the hands of the
beneficiary to whom the annuity
described in section 664(d)(1)(A) or
the payment described in section
664(d)(2)(A) is paid.
``(II) Charitable gift annuities.--
Qualified charitable distributions made
to fund a charitable gift annuity shall
not be treated as an investment in the
contract for purposes of section
72(c).''.
(b) Inflation Adjustment.--Section 408(d)(8) of such Code, as
amended by subsection (a), is amended by adding at the end the
following new subparagraph:
``(G) Inflation adjustment.--
``(i) In general.--In the case of any
taxable year beginning after 2022, each of the
dollar amounts in subparagraphs (A) and (F)
shall be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2021' for
`calendar year 2016' in subparagraph
(A)(ii) thereof.
``(ii) Rounding.--If any dollar amount
increased under clause (i) is not a multiple of
$1,000, such dollar amount shall be rounded to
the nearest multiple of $1,000.''.
(c) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years ending after the date of the
enactment of this Act.
<all>
|
To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions.
|
To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions.
|
Official Titles - House of Representatives
Official Title as Introduced
To amend the Internal Revenue Code of 1986 to allow a one-time election for a qualified charitable distribution to a split-interest entity and to inflation adjust the limits for qualified charitable distributions.
|
Rep. Beyer, Donald S., Jr.
|
D
|
VA
|
11,359
| 5,925
|
H.R.6276
|
Government Operations and Politics
| null |
To designate the facility of the United States Postal Service located
at 3045 Sacramento Street in Placerville, California, as the ``Deputy
Sheriff Brian Ishmael Post Office''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEPUTY SHERIFF BRIAN ISHMAEL POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 3045 Sacramento Street in Placerville, California, shall be
known and designated as the ``Deputy Sheriff Brian Ishmael Post
Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Deputy
Sheriff Brian Ishmael Post Office''.
<all>
|
To designate the facility of the United States Postal Service located at 3045 Sacramento Street in Placerville, California, as the "Deputy Sheriff Brian Ishmael Post Office".
|
To designate the facility of the United States Postal Service located at 3045 Sacramento Street in Placerville, California, as the "Deputy Sheriff Brian Ishmael Post Office".
|
Official Titles - House of Representatives
Official Title as Introduced
To designate the facility of the United States Postal Service located at 3045 Sacramento Street in Placerville, California, as the "Deputy Sheriff Brian Ishmael Post Office".
|
Rep. McClintock, Tom
|
R
|
CA
|
11,360
| 9,344
|
H.R.8804
|
Armed Forces and National Security
|
Air Force Rated Officer Retention Program Act
This bill requires the Department of Defense to establish and carry out a demonstration program within the Department of the Air Force to assess and improve retention on active duty in the Air Force of rated officers, excluding those officers with a reserve appointment in the Air National Guard or Air Force Reserve whose continued service on active duty would be in the best interest of the Department of the Air Force and who have not more than three years and not less than one year remaining on a specified active duty service obligation.
|
To direct the Secretary of the Air Force to establish a demonstration
program to assess and improve the retention of certain officers serving
on active duty in the Air Force.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Force Rated Officer Retention
Program Act''.
SEC. 2. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM.
(a) Program Requirement.--The Secretary shall establish and carry
out within the Department of the Air Force a demonstration program to
assess and improve retention on active duty in the Air Force of rated
officers described in subsection (b).
(b) Rated Officers Described.--Rated officers described in this
subsection are rated officers serving on active duty in the Air Force,
excluding rated officers with a reserve appointment in the Air National
Guard or Air Force Reserve--
(1) whose continued service on active duty would be in the
best interest of the Department of the Air Force, as determined
by the Secretary; and
(2) who have not more than three years and not less than
one year remaining on an active duty service obligation under
section 653 of title 10, United States Code.
(c) Written Agreement.--
(1) In general.--Under the demonstration program required
under subsection (a), the Secretary shall offer retention
incentives under subsection (d) to a rated officer described in
subsection (b) who executes a written agreement to remain on
active duty in a regular component of the Air Force for not
less than four years after the completion of the active duty
service obligation of the officer under section 653 of title
10, United States Code.
(2) Exception.--If the Secretary of the Air Force
determines that an assignment previously guaranteed under
subsection (d)(1) to a rated officer described in subsection
(b) cannot be fulfilled, the agreement of the officer under
paragraph (1) to remain on active duty shall expire not later
than one year after that determination.
(d) Retention Incentives.--
(1) Guarantee of future assignment location.--Under the
demonstration program required under subsection (a), the
Secretary may offer to a rated officer described in subsection
(b) a guarantee of future assignment locations based on the
preference of the officer.
(2) Aviation bonus.--Under the demonstration program
required under subsection (a), notwithstanding section 334(c)
of title 37, United States Code, the Secretary may pay to a
rated officer described in subsection (b) an aviation bonus not
to exceed an average annual amount of $50,000 (subject to
paragraph (3)(B)).
(3) Combination of incentives.--The Secretary may offer to
a rated officer described in subsection (b) a combination of
incentives under paragraphs (1) and (2).
(4) Variations; limitations.--The Secretary may vary or
limit the total number of available contracts and the
combination of incentives within such contracts to target
certain Air Force specialty codes, ensure required assignments
locations are filled, and readiness is not negatively affected.
The Secretary shall determine the criteria for such variations
or limitations and include such criteria in the annual briefing
under subsection (e).
(e) Annual Briefing.--Not later than December 31, 2023, and
annually thereafter until the termination of the demonstration program
required under subsection (a), the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing describing the use of such demonstration
program and its effects on the retention on active duty in the Air
Force of rated officers described in subsection (b).
(f) Definitions.--In this section:
(1) Rated officer.--The term ``rated officer'' means an
officer specified in section 9253 of title 10, United States
Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Air Force.
(g) Termination.--This section shall terminate on December 31,
2028.
<all>
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Air Force Rated Officer Retention Program Act
|
To direct the Secretary of the Air Force to establish a demonstration program to assess and improve the retention of certain officers serving on active duty in the Air Force.
|
Air Force Rated Officer Retention Program Act
|
Rep. Bacon, Don
|
R
|
NE
|
11,361
| 6,924
|
H.R.4987
|
Armed Forces and National Security
|
Global Force Management Oversight Act
This bill requires the Department of Defense to annually report on the Global Force Management Allocation Plan and brief Congress on the contents of the reports.
|
To direct the Secretary of Defense to provide annual reports and
briefings on the Global Force Management Allocation Plan, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Force Management Oversight
Act''.
SEC. 2. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE MANAGEMENT
ALLOCATION PLAN.
(a) Report.--
(1) In general.--Not later than April 1 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Global Force Management Allocation
Plan.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following:
(A) A detailed description of the Global Force
Management Allocation Plan as originally approved by
the Secretary for--
(i) the preceding calendar year; and
(ii) the calendar year during which the
report is submitted.
(B) A detailed description of any differences
between the actual allocations of forces or final
laydown of forces at the end of the preceding calendar
year and the allocations of forces and laydown of
forces stipulated in the Global Force Management
Allocation Plan for that calendar year.
(C) A list of all requests for forces made by the
geographic combatant commands in the preceding calendar
year, including a description of each request and a
justification for the approval, denial, or deferral of
the request.
(3) Form.--Each report submitted under this subsection
shall be submitted in unclassified form, but may include a
classified annex.
(b) Briefing.--Not later than 30 days after the date on which each
report under subsection (a) is submitted, the Secretary shall provide
to the congressional defense committees a classified briefing on the
contents of the report.
<all>
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Global Force Management Oversight Act
|
To direct the Secretary of Defense to provide annual reports and briefings on the Global Force Management Allocation Plan, and for other purposes.
|
Global Force Management Oversight Act
|
Rep. Wittman, Robert J.
|
R
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VA
|
11,362
| 8,129
|
H.R.8608
|
Transportation and Public Works
|
Retirees to Rail Act
This bill temporarily suspends certain provisions related to annuity eligibility requirements for retired railroad employees and their survivors.
Specifically, the bill temporarily permits retired railroad employees and their survivors to render compensated services to an employer without a suspension or deduction of the retired railroad employee's retirement annuity.
|
To temporarily suspend non-payment provisions and deduction provisions
for certain former railroad employees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirees to Rail Act''.
SEC. 2. CONTINUED ANNUITY PAYMENT PROVISIONS.
(a) Temporary Suspension of Non-Payment Provisions.--Subsections
(e)(3) and (g)(1) of section 2 of the Railroad Retirement Act (45
U.S.C. 231a) shall not apply beginning on the first day of the month of
the date of enactment of this Act and ending on the last day of the
month 30 days after the date on which the reporting of employment
information in Item 8 of Urgent Issues in Freight Rail Service--
Railroad Reporting, EP 770 (Sub-No. 1), at 7 (STB served May 6, 2022)
expires.
(b) Temporary Suspension of Deduction Provisions.--Subsection
(f)(6) of section 2 of the Railroad Retirement Act (45 U.S.C. 231a)
shall not apply based on the compensation received by an individual or
spouse from compensated service rendered to an employer pursuant to the
temporary suspension of subsections (e)(3) and (g)(1) of section 2 of
the Railroad Retirement Act (45 U.S.C. 231a), as provided in section
2(a) of this Act.
<all>
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Retirees to Rail Act
|
To temporarily suspend non-payment provisions and deduction provisions for certain former railroad employees, and for other purposes.
|
Retirees to Rail Act
|
Rep. Crawford, Eric A. "Rick"
|
R
|
AR
|
11,363
| 5,347
|
H.J.Res.20
|
Civil Rights and Liberties, Minority Issues
|
This joint resolution proposes a constitutional amendment to recognize and protect the right of any person to affordable housing, cost-effective health care, education, and nutrition.
|
117th CONGRESS
1st Session
H. J. RES. 20
Proposing an amendment to the Constitution of the United States
recognizing and securing the fundamental right to life, liberty, and
property, which includes housing, health care, education, and
nutrition.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
Ms. Adams (for herself, Ms. Schakowsky, and Ms. Omar) submitted the
following joint resolution; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States
recognizing and securing the fundamental right to life, liberty, and
property, which includes housing, health care, education, and
nutrition.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled (two-thirds of each House
concurring therein), That the following article is proposed as an
amendment to the Constitution of the United States, which shall be
valid to all intents and purposes as part of the Constitution when
ratified by the legislatures of three-fourths of the several States
within seven years after the date of its submission for ratification:
``Article--
``The right of any person to affordable housing, cost-effective
health care, quality education, and adequate nutrition shall not be
denied or abridged by the United States or any State, and the Congress
shall have power to enforce and implement this article by appropriate
legislation.''.
<all>
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Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition.
|
Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition.
|
Official Titles - House of Representatives
Official Title as Introduced
Proposing an amendment to the Constitution of the United States recognizing and securing the fundamental right to life, liberty, and property, which includes housing, health care, education, and nutrition.
|
Rep. Adams, Alma S.
|
D
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NC
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11,364
| 6,531
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H.R.4302
|
Public Lands and Natural Resources
|
Active Forest Management, Wildfire Prevention and Community Protection Act
This bill establishes forest management, forest conservation, and wildfire prevention programs and activities.
The bill establishes
The bill also provides for, among other things
|
To address the bark beetle epidemic, to reduce catastrophic wildfires
in the highest risk areas, to restore and improve the ecological
integrity of forest, grassland, rangeland, and watershed ecosystems
across the United States through public and private partnerships with
Federal, State, local, and Tribal governments and private partners, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Active Forest
Management, Wildfire Prevention and Community Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL PRESCRIBED BURN PROGRAM
Sec. 101. Collaborative prescribed fire program.
Sec. 102. Large cross-boundary prescribed fire incentive program.
TITLE II--WESTERN BARK BEETLE PROGRAM
Sec. 201. Western bark beetle epidemic fund.
TITLE III--ACTIVE MANAGEMENT PROGRAMS
Sec. 301. Use of hazardous fuels reduction or forest health projects
for high-risk areas.
Sec. 302. Restoration and resilience partnership program.
Sec. 303. Vegetation management, facility inspection, and operation and
maintenance relating to electric
transmission and distribution facility
rights of way.
Sec. 304. Selection and implementation of landscape-scale forest
restoration projects.
TITLE IV--FOREST RESERVE REVENUE AREA PROGRAM
Sec. 401. Establishment of forest reserve revenue areas and annual
volume requirements.
Sec. 402. Management of forest reserve revenue areas.
Sec. 403. Distribution of forest reserve revenues.
Sec. 404. Annual report.
Sec. 405. Secretary defined.
TITLE V--MISCELLANEOUS CLARIFICATIONS AND ADJUSTMENTS
Sec. 501. Wilderness and wilderness study areas.
Sec. 502. Extension of stewardship contracting maximum term limits.
Sec. 503. Clarification of existing categorical exclusion authority
related to insect and disease infestation.
TITLE VI--ANALYSIS OF PROPOSED COLLABORATIVE FOREST MANAGEMENT
ACTIVITIES
Sec. 601. Analysis of only two alternatives (action versus no action)
in proposed collaborative forest management
activities.
TITLE VII--FOREST MANAGEMENT LITIGATION
Sec. 701. No attorney's fees for forest management activity challenges.
Sec. 702. Injunctive relief (balance of harms).
TITLE VIII--CATEGORICAL EXCLUSIONS
Sec. 801. Categorical exclusion for electric utility lines rights-of-
way.
Sec. 802. Categorical exclusion for active forest management
activities.
Sec. 803. Categorical exclusion to expedite certain critical response
actions.
Sec. 804. Categorical exclusion to improve or restore national forest
system lands or public land or reduce the
risk of wildfire.
Sec. 805. Categorical exclusion to expedite salvage operations in
response to catastrophic events.
Sec. 806. Categorical exclusion for forest restoration.
Sec. 807. Categorical exclusion for infrastructure forest management
activities.
Sec. 808. Categorical exclusion for developed recreation sites.
Sec. 809. Establishment of fuel breaks in forests and other wildland
vegetation.
TITLE IX--DEFINITIONS
Sec. 901. Definitions.
TITLE I--NATIONAL PRESCRIBED BURN PROGRAM
SEC. 101. COLLABORATIVE PRESCRIBED FIRE PROGRAM.
Subject to the availability of appropriations, the Secretary of the
Interior shall establish within the Department of the Interior a
collaborative prescribed fire program to provide financial assistance
to eligible entities, including units of Federal land management
agencies, counties, States, Indian Tribes, and prescribed fire
councils, for the implementation of proposals for the conduct of
prescribed fires in priority landscapes in accordance with applicable
existing policies, including the National Cohesive Wildland Fire
Management Strategy.
SEC. 102. LARGE CROSS-BOUNDARY PRESCRIBED FIRE INCENTIVE PROGRAM.
Subject to the availability of appropriations, the Secretary
concerned shall establish an incentive program to encourage the
implementation of large, cross-boundary prescribed fires by providing
incentive payments for conducting a qualified prescribed fire.
TITLE II--WESTERN BARK BEETLE PROGRAM
SEC. 201. WESTERN BARK BEETLE EPIDEMIC FUND.
(a) Establishment.--There is established in the Treasury a Western
Bark Beetle Epidemic Fund (in this title referred to as the ``Fund'').
(b) Use.--Amounts in the Fund shall be used by the Secretary
concerned to remove or treat bark beetle-killed or infested trees in a
western State specified by the Secretary.
(c) Report.--Not later than 730 days after the date of the
enactment of this Act and every two years thereafter, the Secretary of
Agriculture and the Secretary of the Interior shall submit to the
Committee on Agriculture of the House of Representatives, the Committee
on Natural Resources of the House of Representatives, the Committee on
Agriculture, Nutrition, and Forestry of the Senate, and the Committee
on Energy and Natural Resources of the Senate a report on--
(1) the effectiveness of the Fund;
(2) the number of bark beetle trees removed; and
(3) the number of acres by agency of current high-risk bark
beetle areas.
(d) Form of Report.--The information required by subsection (c) to
be provided with respect to the Fund shall be presented on a single
page for each western State.
(e) Authorization of Appropriations.--In addition to amounts
otherwise made available for the Fund, there is authorized to be
appropriated for fiscal year 2022 and each fiscal year thereafter,
$126,346,415, adjusted for inflation as determined by the Congressional
Budget Office.
(f) Offset.--The amount appropriated from the Treasury for the Fund
shall be offset by the revenues generated for the Treasury from covered
forest reserve projects to help carry out landscape-scale-forest
restoration projects authorized by this Act.
TITLE III--ACTIVE MANAGEMENT PROGRAMS
SEC. 301. USE OF HAZARDOUS FUELS REDUCTION OR FOREST HEALTH PROJECTS
FOR HIGH-RISK AREAS.
(a) Project Proposals.--
(1) Proposals authorized.--Upon designation of a high-risk
area in a State, the Governor of the State may provide for the
development of proposed hazardous fuel reduction projects or
forest health projects for the high-risk area.
(2) Project criteria.--In preparing a proposed hazardous
fuel reduction project or a forest health project, the Governor
of a State and the Secretary concerned shall--
(A) take into account managing for rights of way,
protection of watersheds, protection of wildlife and
endangered species habitat, safe-guarding water
resources, and protecting at-risk communities from
wildfires; and
(B) emphasize activities that thin the forest to
provide the greatest health and longevity of the
forest.
(b) Consultation.--In preparing a proposed hazardous fuel reduction
project or a forest health project, the Governor of a State shall
consult with county government from affected counties, and with
affected Indian tribes.
(c) Submission and Implementation.--The Governor of a State shall
submit proposed emergency hazardous fuel reduction projects and forest
health projects to the Secretary concerned for implementation.
SEC. 302. RESTORATION AND RESILIENCE PARTNERSHIP PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to restore and improve the ecological integrity of
forest, grassland, and rangeland ecosystems across the United
States in partnership with State, local, and Tribal
governments;
(2) to create or sustain outdoor jobs by reducing the
backlog of restoration and resilience projects on Federal land
and non-Federal land;
(3) to improve the resilience and carrying capacity of
rangelands in the United States by preventing or mitigating
invasive species, such as cheatgrass, that contribute to
rangeland fire; and
(4) to reduce uncharacteristic wildfires in the highest
risk areas of the United States by carrying out, in accordance
with applicable law, restoration and resilience projects.
(b) Establishment.--There is established a Restoration and
Resilience Partnership Program, under which the Secretary of
Agriculture shall carry out restoration and resilience projects in
partnership areas designated under subsection (c)(1).
(c) Designation of Partnership Areas.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall designate, for the
purposes of carrying out restoration and resilience projects
under subsection (d), any areas of Federal land and non-Federal
land that the Secretary determines to be appropriate.
(2) Submission of partnership areas by states and tribes.--
(A) In general.--The Governor of a State or an
authorized representative of an Indian Tribe may submit
to the Secretary, in writing, a request to designate
certain Federal land or non-Federal land in the State
or Indian Country, respectively, for restoration and
resilience projects under subsection (d).
(B) Inclusions.--A written request submitted under
subparagraph (A) may include 1 or more maps or
recommendations.
(d) Requirements.--To be eligible for designation under subsection
(c), an area shall--
(1) have a high or very high wildfire potential as
determined by--
(A) the map of the Forest Service entitled
``Wildfire Hazard Potential Version 2020''; or
(B) any other mapping resource or data source
approved by the Secretary that depicts the risk of
wildfires;
(2) have high-priority wildlife habitat urgently in need of
restoration, as determined by the Secretary, in consultation
with eligible entities and the applicable Governor or
representative of an Indian Tribe; or
(3) in the case of Federal land, be in the wildland-urban
interface.
SEC. 303. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS OF WAY.
(a) Hazard Trees Within 500 Feet of Electric Power Line.--Section
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and
inserting ``500''.
(b) Consultation With Private Landowners.--Section 512(c)(3)(E) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with private landowners
with respect to any hazard trees identified for
removal from land owned by such private
landowners.''.
(c) Review and Approval Process.--Clause (iv) of section
512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1772(c)(4)(A)) is amended to read as follows:
``(iv) ensures that--
``(I) a plan submitted without a
modification under clause (iii) shall
be automatically approved 60 days after
review; and
``(II) a plan submitted with a
modification under clause (iii) shall
be automatically approved 67 days after
review.''.
SEC. 304. SELECTION AND IMPLEMENTATION OF LANDSCAPE-SCALE FOREST
RESTORATION PROJECTS.
(a) In General.--The Secretary of Agriculture shall select, in
accordance with this section, landscape-scale forest restoration
projects--
(1) to implement on National Forest System land; and
(2) if applicable, to implement on land adjoining National
Forest System land, in coordination with other Federal and non-
Federal entities.
(b) Landscape Assessment.--The project selected under to subsection
(a) shall be based on a landscape assessment that shall cover a
landscape of--
(1) not less than 100,000 acres, except as provided in
subparagraph (B) and (C);
(2) not less than 80,000 acres, if--
(A) the assessment is completed or substantially
completed on the date of the enactment of this Act; and
(B) the Secretary determines that assessing a
larger area is not necessary to restore the integrity,
resilience, and fire regimes of the landscape; or
(3) not less than 50,000 acres in the case of a project
that is carried out east of the one-hundredth meridian.
(c) Eligibility Requirements.--To be eligible for selection and
implementation under subsection (a), a landscape-scale forest
restoration project shall satisfy the following requirements:
(1) Restore the ecological integrity and ecological
resilience of terrestrial and aquatic areas that have departed
from reference conditions within the forest landscape.
(2) Restore appropriate natural fire regimes, including by
reducing fuel loads and modifying forest structure in areas
that have departed from reference conditions.
(3) Conduct wildfire risk reduction activities within the
wildland-urban interface to the extent that the project
includes lands within the wildland-urban interface.
TITLE IV--FOREST RESERVE REVENUE AREA PROGRAM
SEC. 401. ESTABLISHMENT OF FOREST RESERVE REVENUE AREAS AND ANNUAL
VOLUME REQUIREMENTS.
(a) Purpose.--The purpose of a Forest Reserve Revenue Area is to
provide a dependable source of 25-percent payments and economic
activity through sustainable forest management for each beneficiary
county containing National Forest System land.
(b) Establishment of Forest Reserve Revenue Areas.--Not later than
60 days after the date of the enactment of this Act, the Secretary
shall establish one or more Forest Reserve Revenue Areas within each
unit of the National Forest System.
(c) Fiduciary Responsibility.--The Secretary shall have a fiduciary
responsibility to beneficiary counties to manage Forest Reserve Revenue
Areas to satisfy the annual volume requirement.
(d) Determination of Annual Volume Requirement.--Not later than 30
days after the date of the establishment of a Forest Reserve Revenue
Area, the Secretary shall determine the annual volume requirement for
that Forest Reserve Revenue Area.
(e) Minimum.--The annual volume requirement for the Forest Revenue
Area shall be not less than 6,000,000,000 Board Feet.
(f) Limitation on Reduction of Forest Reserve Revenue Areas.--Once
a Forest Reserve Revenue Area is established under subsection (a), the
Secretary may not reduce the number of acres of National Forest System
land included in that Forest Reserve Revenue Area.
(g) Map.--The Secretary shall provide a map of all Forest Reserve
Revenue Areas established under subsection (a) for each unit of the
National Forest System--
(1) to the Committee on Agriculture and the Committee on
Natural Resources of the House of Representatives; and
(2) to the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Energy and Natural Resources of
the Senate.
(h) Recognition of Valid and Existing Rights.--Neither the
establishment of Forest Reserve Revenue Areas under subsection (a) nor
any other provision of this title shall be construed to limit or
restrict--
(1) access to National Forest System land for hunting,
fishing, recreation, and other related purposes; or
(2) valid and existing rights regarding National Forest
System land, including rights of any federally recognized
Indian tribe.
SEC. 402. MANAGEMENT OF FOREST RESERVE REVENUE AREAS.
(a) Requirement To Achieve Annual Volume Requirement.--The
Secretary shall manage the Forest Reserve Revenue Area established
under section 401 in the manner necessary to achieve the annual volume
requirement for the Forest Reserve Revenue Area.
(b) Timing.--The Secretary is authorized and encouraged to commence
covered forest reserve projects as soon as practicable after the date
of the enactment of this Act to begin generating forest reserve
revenues.
(c) Application of NEPA.--Except as provided in subsection (d), the
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.)
shall not apply to covered forest reserve projects under this section.
(d) Environmental Analysis Process for Projects in Forest Reserve
Revenue Areas.--
(1) Environmental assessment.--The Secretary shall give
published notice and complete an environmental assessment
pursuant to section 102(2) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)) for a covered forest reserve
project proposed to be conducted within a Forest Reserve
Revenue Area, except that the Secretary is not required to
study, develop, or describe any alternative to the proposed
agency action.
(2) Cumulative effects.--The Secretary shall consider
cumulative effects solely by evaluating the impacts of a
proposed covered forest reserve project combined with the
impacts of any other projects that were approved with a
Decision Notice or Record of Decision before the date on which
the Secretary published notice of the proposed covered project.
The cumulative effects of past projects may be considered in
the environmental assessment by using a description of the
current environmental conditions.
(3) Length.--The environmental assessment prepared for a
proposed covered forest reserve project shall not exceed 100
pages in length. The Secretary may incorporate in the
environmental assessment, by reference, any documents that the
Secretary determines, in the sole discretion of the Secretary,
are relevant to the assessment of the environmental effects of
the covered project.
(4) Deadline for completion.--The Secretary shall complete
the environmental assessment for a covered forest reserve
project within 180 days after the date on which the Secretary
published notice of the proposed covered project.
(5) Treatment of decision notice.--The decision notice for
a covered forest reserve project shall be considered a final
agency action and no additional analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall
be required to implement any portion of the covered project.
(e) Application of Land and Resource Management Plan.--The
Secretary may modify the standards and guidelines contained in the land
and resource management plan for the unit of the National Forest System
in which the covered forest reserve project will be carried out as
necessary to achieve the requirements of this Act. Section
6(g)(3)(E)(iv) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered
forest reserve project.
SEC. 403. DISTRIBUTION OF FOREST RESERVE REVENUES.
(a) 25-Percent Payments.--The Secretary shall use forest reserve
revenues generated by a covered forest reserve project to make 25
percent payments to the one or more counties within the boundaries of
which the revenue is derived, to be allocated among the counties based
on the percentage of land from which the revenue is derived.
(b) Payments in Lieu of Taxes.--A payment to a county under
paragraph (1) shall be in addition to a payment in lieu of taxes
received by the county under chapter 69 of title 31, United States
Code.
(c) Secure Rural Schools.--A payment to a county under subsection
(a) shall be in addition to a Secure Rural Schools and Community Self-
Determination Act payment received by the county under section 102 of
the Secure Rural Schools and Community Self-Determination Act (16
U.S.C. 7112).
(d) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--In the
case of funds remaining after the Secretary makes the payments required
in subsection (a), the Secretary shall use forest reserve revenues to
make deposits into the fund established under section 3 of the Act of
June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-Vandenberg
Fund), and the fund established under section 14(h) of the National
Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly known as the
salvage sale fund) in contributions equal to the monies otherwise
collected under those Acts for projects conducted on National Forest
System land.
(e) Authorization of Appropriations.--There are authorized to be
appropriated 25 percent of all revenues generated for the Treasury from
covered forest reserve projects to help carry out landscape-scale-
forest restoration projects authorized by this title.
(f) Deposit in General Fund of the Treasury.--In the case of funds
remaining after the Secretary makes the payments required in
subsections (a) and (b), the Secretary shall deposit remaining forest
reserve revenues into the general fund of the Treasury.
SEC. 404. ANNUAL REPORT.
(a) Report Required.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to Congress an annual report
specifying the annual volume requirement in effect for that fiscal year
for each Forest Reserve Revenue Area, the volume of board feet actually
harvested for each Forest Reserve Revenue Area, the average cost of
preparation for timber sales, the forest reserve revenues generated
from such sales, and the amount of receipts distributed to each
beneficiary county.
(b) Form of Report.--The information required by subsection (a) to
be provided with respect to a Forest Reserve Revenue Area shall be
presented on a single page and made available on the website of the
United States Forest Service.
SEC. 405. SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE V--MISCELLANEOUS CLARIFICATIONS AND ADJUSTMENTS
SEC. 501. WILDERNESS AND WILDERNESS STUDY AREAS.
The designation of a Wilderness Area or Wilderness Study Area shall
not interfere with the authority of the Secretary concerned to
authorize mechanical thinning of trees or underbrush to prevent or
control the spread of wildfires, or conditions creating the risk of
wildfire that threatens areas outside the boundary of the wilderness,
or the use of mechanized equipment for wildfire pre-suppression and
suppression.
SEC. 502. EXTENSION OF STEWARDSHIP CONTRACTING MAXIMUM TERM LIMITS.
Section 604(d) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c(d)) is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) Term.--The Chief and the Director may enter into a
contract in accordance with section 3903 of title 41, United
States Code.''.
SEC. 503. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY
RELATED TO INSECT AND DISEASE INFESTATION.
Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591b(c)(2)(B)) is amended by striking ``Fire Regime Groups
I, II, or III'' and inserting ``Fire Regime I, Fire Regime II, Fire
Regime III, Fire Regime IV, or Fire Regime V''.
TITLE VI--ANALYSIS OF PROPOSED COLLABORATIVE FOREST MANAGEMENT
ACTIVITIES
SEC. 601. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION VERSUS NO ACTION)
IN PROPOSED COLLABORATIVE FOREST MANAGEMENT ACTIVITIES.
(a) Application to Certain Environmental Assessments and
Environmental Impact Statements.--This section shall apply whenever the
Secretary concerned prepares an environmental assessment or an
environmental impact statement pursuant to section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) for a forest
management activity that--
(1) is developed through a collaborative process;
(2) is proposed by a resource advisory committee;
(3) will occur on lands identified by the Secretary
concerned as suitable for timber production; and
(4) will occur on lands designated by the Secretary (or a
designee thereof) pursuant to section 602(b) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(b)),
notwithstanding whether such forest management activity is
covered by a community wildfire protection plan.
(b) Consideration of Alternatives.--In an environmental assessment
or environmental impact statement described in subsection (a), the
Secretary concerned shall study, develop, and describe only the
following two alternatives:
(1) The forest management activity.
(2) The alternative of no action.
(c) Elements of No Action Alternative.--In the case of the
alternative of no action, the Secretary concerned shall consider
whether to evaluate--
(1) the effect of no action on--
(A) forest health;
(B) habitat diversity;
(C) wildfire potential;
(D) insect and disease potential; and
(E) timber production; and
(2) the implications of a resulting decline in forest
health, loss of habitat diversity, wildfire, or insect or
disease infestation, given fire and insect and disease historic
cycles, on--
(A) domestic water supply in the project area;
(B) snowpack levels in the project area;
(C) wildlife habitat loss; and
(D) other economic and social factors.
TITLE VII--FOREST MANAGEMENT LITIGATION
SEC. 701. NO ATTORNEY'S FEES FOR FOREST MANAGEMENT ACTIVITY CHALLENGES.
Notwithstanding section 1304 of title 31, United States Code, no
award may be made under section 2412 of title 28, United States Code,
and no amounts may be obligated or expended from the Claims and
Judgment Fund of the Treasury to pay any fees or other expenses under
such sections to any plaintiff related to an action challenging a
forest management activity or other authorization carried out pursuant
to this Act.
SEC. 702. INJUNCTIVE RELIEF (BALANCE OF HARMS).
(a) Balancing Short- and Long-Term Effects of Forest Management
Activities in Considering Injunctive Relief.--As part of its weighing
the equities while considering any request for an injunction that
applies to any agency action as part of a forest management activity or
provision in this Act, the court reviewing the agency action shall
balance the impact to the ecosystem likely affected by the forest
management activity of--
(1) the short- and long-term effects of undertaking the
agency action; against
(2) the short- and long-term effects of not undertaking the
action.
(b) Time Limitations for Injunctive Relief.--Subject to paragraph
(2), the length of any preliminary injunctive relief and stays pending
appeal that applies to any agency action as part of a forest management
activity, shall not exceed 60 days.
TITLE VIII--CATEGORICAL EXCLUSIONS
SEC. 801. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-
WAY.
(a) Categorical Exclusion.--Forest management activities described
in subsection (b) are a category of activities designated as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated as being
categorically excluded under subsection (a) are--
(1) the development and approval of a vegetation
management, facility inspection, and operation and maintenance
plan submitted under section 512(c)(1) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the
Secretary concerned; and
(2) the implementation of routine activities conducted
under the plan referred to in paragraph (1).
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Extraordinary Circumstances.--Use of the categorical exclusion
established under subsection (a) shall not be subject to the
extraordinary circumstances procedures in section 220.6, title 36, Code
of Federal Regulations, or section 1508.4, title 40, Code of Federal
Regulations.
(e) Roads.--
(1) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repair on an existing permanent road
for the purposes of conducting a forest management activity
designated under subsection (b).
(2) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed for a forest
management activity designated under subsection (b) not later
than 3 years after the date on which the action is completed.
(f) Applicable Laws.--A forest management activity designated under
subsection (b) shall not be subject to section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536), section 106 of the National
Historic Preservation Act, or any other applicable law.
SEC. 802. CATEGORICAL EXCLUSION FOR ACTIVE FOREST MANAGEMENT
ACTIVITIES.
(a) Coordination.--
(1) In general.--In conducting forest management
activities, the Secretary concerned shall, as appropriate,
coordinate with the Administrator and State and local agencies
and organizations, including local fire departments and
volunteer groups.
(2) Goals.--The coordination of activities under
subparagraph (1) should aim to increase efficiencies and
maximize the compatibility of management practices across
public property boundaries.
(b) Multiple Benefits.--
(1) In general.--In conducting forest management
activities, the Secretary concerned shall conduct the
activities in a manner that, except as provided in subsection
(a)(2), attains multiple ecosystem benefits, including--
(A) maintaining biological diversity;
(B) improving wetland and water quality, including
in Stream Environment Zones; and
(C) increasing resilience to changing water
temperature and precipitation.
(2) Exception.--Notwithstanding subsection (a)(2), the
attainment of multiple ecosystem benefits shall not be required
if the Secretary determines that management for multiple
ecosystem benefits would excessively increase the cost of a
program in relation to the additional ecosystem benefits gained
from the management activity.
(c) Ground Disturbance.--Consistent with applicable Federal law,
the Secretary shall establish post-program ground condition criteria
for ground disturbance caused by forest management activities.
(d) Availability of Categorical Exclusion for Certain Forest
Management Projects.--A forest management activity conducted for the
purpose of reducing forest fuels is categorically excluded from the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) if the forest management activity--
(1) notwithstanding section 423 of the Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2009 (division E of Public Law 111-8; 123 Stat. 748), does not
exceed 10,000 acres, including not more than 3,000 acres of
mechanical thinning; and
(2) is developed--
(A) in coordination with impacted parties,
specifically including representatives of local
governments, such as county supervisors or county
commissioners; and
(B) in consultation with other interested parties.
SEC. 803. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE
ACTIONS.
(a) Categorical Exclusion.--Forest management activities described
in subsection (b) are a category of actions hereby designated as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated under this
section for a categorical exclusion are forest management activities
carried out by the Secretary concerned on National Forest System lands
or public lands where the primary purpose of such activity is--
(1) to address an insect or disease infestation;
(2) to reduce hazardous fuel loads;
(3) to protect a municipal water source;
(4) to maintain, enhance, or modify critical habitat to
protect it from catastrophic disturbances;
(5) to increase water yield;
(6) to facilitate native species restoration; or
(7) any combination of the purposes specified in paragraphs
(1) through (6).
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--
(1) In general.--Except in the case of a forest management
activity described in paragraph (2), a forest management
activity covered by the categorical exclusion established under
subsection (a) may not contain treatment units exceeding a
total of 10,000 acres.
(2) Larger areas authorized.--A forest management activity
covered by the categorical exclusion established under
subsection (a) may contain treatment units exceeding a total of
10,000 acres but not more than a total of 30,000 acres if the
forest management activity--
(A) is developed through a collaborative process;
(B) is proposed by a resource advisory committee;
or
(C) is covered by a community wildfire protection
plan.
SEC. 804. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST
SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF
WILDFIRE.
(a) Categorical Exclusion.--Forest management activities described
in subsection (b) are a category of actions hereby designated as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--
(1) Designation.--The forest management activities
designated under this section for a categorical exclusion are
forest management activities described in paragraph (2) that
are carried out by the Secretary concerned on National Forest
System Lands or public lands where the primary purpose of such
activity is to improve or restore such lands or reduce the risk
of wildfire on those lands.
(2) Activities authorized.--The following activities may be
carried out pursuant to the categorical exclusion established
under subsection (a):
(A) Removal of juniper trees, medusahead rye,
conifer trees, pinon pine trees, ponderosa pine trees,
lodgepole pine trees, limber pine trees, Douglas-fir
trees, cheatgrass, and other noxious or invasive weeds
specified on Federal or State noxious weeds lists
through late-season livestock grazing, targeted
livestock grazing, prescribed burns, and mechanical
treatments.
(B) Performance of hazardous fuels management.
(C) Creation of fuel and fire breaks.
(D) Modification of existing fences in order to
distribute livestock and help improve wildlife habitat.
(E) Installation of erosion control devices.
(F) Construction of new and maintenance of
permanent infrastructure, including stock ponds, water
catchments, and water spring boxes used to benefit
livestock and improve wildlife habitat.
(G) Performance of soil treatments, native and non-
native seeding, and planting of and transplanting
sagebrush, grass, forb, shrub, and other species.
(H) Use of herbicides, so long as the Secretary
concerned determines that the activity is otherwise
conducted consistently with agency procedures,
including any forest plan applicable to the area
covered by the activity.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--A forest management activity covered by
the categorical exclusion established under subsection (a) may not
exceed 10,000 acres.
(e) Definitions.--In this section:
(1) Hazardous fuels management.--The term ``hazardous fuels
management'' means any vegetation management activities that
reduce the risk of wildfire.
(2) Late-season grazing.--The term ``late-season grazing''
means grazing activities that occur after both the invasive
species and native perennial species have completed their
current-year annual growth cycle until new plant growth begins
to appear in the following year.
(3) Targeted livestock grazing.--The term ``targeted
livestock grazing'' means grazing used for purposes of
hazardous fuel reduction.
SEC. 805. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN
RESPONSE TO CATASTROPHIC EVENTS.
(a) Categorical Exclusion.--Salvage operations carried out by the
Secretary concerned on National Forest System lands or public lands are
a category of actions hereby designated as being categorically excluded
from the preparation of an environmental assessment or an environmental
impact statement under section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332).
(b) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(c) Acreage Limitation.--A salvage operation covered by the
categorical exclusion established under subsection (a) may not contain
treatment units exceeding a total of 10,000 acres.
(d) Reforestation Plan.--A reforestation plan shall be developed
under section 3 of the Act of June 9, 1930 (commonly known as the
Knutson-Vandenberg Act; 16 U.S.C. 576b), as part of a salvage operation
covered by the categorical exclusion established under subsection (a).
SEC. 806. CATEGORICAL EXCLUSION FOR FOREST RESTORATION.
(a) Categorical Exclusion.--Forest management activities described
in subsection (b) are a category of actions hereby designated as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--
(1) Designation.--The category of forest management
activities designated under this section for categorical
exclusion are forest management activities described in
paragraph (2) that are carried out by the Secretary concerned
on National Forest System lands or public lands where the
primary purpose of such activity is--
(A) to improve forest health and resiliency to
disturbances;
(B) to reduce hazardous fuels; or
(C) to improve wildlife and aquatic habitat.
(2) Activities authorized.--The following forest management
activities may be carried out pursuant the categorical
exclusion established under subsection (a):
(A) Timber harvests, including commercial and pre-
commercial timber harvest, salvage harvest, and
regeneration harvest.
(B) Hazardous fuels reduction.
(C) Prescribed burning.
(D) Improvement or establishment of wildlife and
aquatic habitat.
(E) Stream restoration and erosion control.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--A forest management activity covered by
the categorical exclusion established under subsection (a) may not
contain treatment units exceeding a total of 6,000 acres.
(e) Limitations on Road Building.--
(1) Permanent roads.--A forest management activity covered
by the categorical exclusion established by subsection (a) may
include--
(A) the construction of permanent roads not to
exceed 3 miles; and
(B) the maintenance and reconstruction of existing
permanent roads and trails, including the relocation of
segments of existing roads and trails to address
resource impacts.
(2) Temporary roads.--Any temporary road constructed for a
forest management activity covered by the categorical exclusion
established by subsection (a) shall be decommissioned not later
than 3 years after the date on which the project is completed.
SEC. 807. CATEGORICAL EXCLUSION FOR INFRASTRUCTURE FOREST MANAGEMENT
ACTIVITIES.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for categorical exclusion are forest management
activities carried out by the Secretary concerned on National Forest
System lands or public lands where the primary purpose of such activity
is--
(1) constructing or reconstructing roads not exceeding 3
miles;
(2) adding an existing road to the forest transportation
system;
(3) reclassifying a road at a different maintenance level;
(4) reconstructing or rehabilitating bridges; or
(5) maintaining facilities through the use of pesticides as
authorized by applicable Federal and State law and as applied
in accordance with label instructions.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
SEC. 808. CATEGORICAL EXCLUSION FOR DEVELOPED RECREATION SITES.
(a) Categorical Exclusion.--Forest management activities described
in subsection (b) are a category of actions hereby designated as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--
(1) Designation.--The category of forest management
activities designated under this section for a categorical
exclusion are forest management activities described in
paragraph (2) carried out by the Secretary concerned on
National Forest System lands or public lands where the primary
purpose of such activity is to operate, maintain, modify,
reconstruct, or decommission existing developed recreation
sites.
(2) Activities authorized.--The following forest management
activities may be carried out pursuant to the categorical
exclusion under subsection (a):
(A) Constructing, modifying, or reconstructing
fishing piers, wildlife viewing platforms, docks, or
other constructed recreation sites or facilities.
(B) Constructing, reconstructing, or maintaining,
parking areas, roads, or trails within or connecting to
recreation sites, including paving and road and trail
rerouting, except that--
(i) permanent roads constructed under this
section may not exceed 3 miles; and
(ii) temporary roads constructed for
projects covered by this section shall be
decommissioned within 3 years of completion of
the project.
(C) Modifying or reconstructing existing water or
waste disposal systems.
(D) Constructing, modifying, or reconstructing
single or group use sites.
(E) Constructing, modifying, or reconstructing boat
landings.
(F) Reconstructing existing ski lifts.
(G) Modifying or reconstructing a recreation
lodging rental.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
SEC. 809. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND
VEGETATION.
(a) Categorical Exclusion.--Forest management activities described
in subsection (b) are a category of actions designated as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--
(1) In general.--The category of forest management
activities designated under subsection (a) for a categorical
exclusion are forest management activities described in
paragraph (2) that are carried out by the Secretary concerned
on National Forest System lands or public lands where the
primary purpose of such activity is to establish and maintain
linear fuel breaks that are--
(A) up to 1,000 feet in width adjacent to, and
incorporating, existing linear features, such as roads,
trails, transmission lines, and pipelines of any length
on Federal land; and
(B) intended to reduce the risk of wildfire on the
Federal land or an adjacent at-risk community.
(2) Activities.--Subject to paragraph (3), the forest
management activities that may be carried out pursuant to the
categorical exclusion established under subsection (a) are--
(A) mowing or masticating;
(B) thinning by manual and mechanical cutting;
(C) piling, yarding, and removal of slash;
(D) selling of vegetation products, including
timber, firewood, biomass, slash, and fence posts;
(E) targeted grazing;
(F) application of--
(i) pesticide;
(ii) biopesticide; or
(iii) herbicide;
(G) seeding of native species;
(H) controlled burns and broadcast burning; and
(I) burning of piles, including jackpot piles.
(c) Acreage and Location Limitations.--Treatments of vegetation in
linear fuel breaks covered by the categorical exclusion established
under subsection (a)--
(1) may not contain treatment units in excess of 3,000
acres; and
(2) shall be located primarily in an area described in
section 605(c)(2) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591d(c)(2)).
TITLE IX--DEFINITIONS
SEC. 901. DEFINITIONS.
In this Act:
(1) Catastrophic event.--The term ``catastrophic event''
means any natural disaster (including a hurricane, tornado,
windstorm, snow or ice storm, rain storm, high water, wind-
driven water, tidal wave, earthquake, volcanic eruption,
landslide, mudslide, drought, or insect or disease outbreak) or
any fire, flood, or explosion, regardless of cause.
(2) Collaborative process.--The term ``collaborative
process'' refers to a process relating to the management of
National Forest System lands or public lands by which a project
or forest management activity is developed and implemented by
the Secretary concerned through collaboration with interested
persons, as described in section 603(b)(1)(C) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)).
(3) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6511).
(4) Coos bay wagon road grant lands.--The term ``Coos Bay
Wagon Road Grant lands'' means the lands reconveyed to the
United States pursuant to chapter 47 of the Act of February 26,
1919 (40 Stat. 1179).
(5) Covered forest reserve project.--The term ``covered
forest reserve project'' means a project involving the
management or sale of national forest materials within a Forest
Reserve Revenue Area that generates forest reserve revenues and
achieve the annual volume requirement for the Forest Reserve
Revenue Area.
(6) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary concerned on National Forest System lands or
public lands consistent with the forest plan covering the lands
or the following activities:
(A) Prescribed burning for ecosystem health and
hazardous fuel reduction.
(B) Mechanical and minimum tool treatment.
(C) Stream environment zone restoration and other
watershed and wildlife habitat enhancements.
(D) Nonnative invasive species management.
(7) Forest plan.--The term ``forest plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public lands pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712); or
(B) a land and resource management plan prepared by
the Forest Service for a unit of the National Forest
System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(8) Large-scale catastrophic event.--The term ``large-scale
catastrophic event'' means a catastrophic event that adversely
impacts at least 5,000 acres of reasonably contiguous National
Forest System lands or public lands, as determined by the
Secretary concerned.
(9) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(10) Oregon and california railroad grant lands.--The term
``Oregon and California Railroad Grant lands'' means the
following lands:
(A) All lands in the State of Oregon revested in
the United States under the Act of June 9, 1916 (39
Stat. 218), that are administered by the Secretary of
the Interior, acting through the Bureau of Land
Management, pursuant to the first section of the Act of
August 28, 1937 (43 U.S.C. 1181a).
(B) All lands in that State obtained by the
Secretary of the Interior pursuant to the land
exchanges authorized and directed by section 2 of the
Act of June 24, 1954 (43 U.S.C. 1181h).
(C) All lands in that State acquired by the United
States at any time and made subject to the provisions
of title II of the Act of August 28, 1937 (43 U.S.C.
1181f).
(11) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702), except that
the term includes Coos Bay Wagon Road Grant lands and Oregon
and California Railroad Grant lands.
(12) Reforestation activity.--The term ``reforestation
activity'' means a project or forest management activity
carried out by the Secretary concerned whose primary purpose is
the reforestation of impacted lands following a large-scale
catastrophic event. The term includes planting, evaluating, and
enhancing natural regeneration, clearing competing vegetation,
and other activities related to reestablishment of forest
species on the impacted lands.
(13) Resource advisory committee.--The term ``resource
advisory committee'' has the meaning given that term in section
201 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121).
(14) Salvage operation.--The term ``salvage operation''
means a forest management activity or restoration activity
carried out in response to a catastrophic event where the
primary purpose is--
(A) to prevent wildfire as a result of the
catastrophic event, or, if the catastrophic event was
wildfire, to prevent a re-burn of the fire-impacted
area;
(B) to provide an opportunity for utilization of
forest materials damaged as a result of the
catastrophic event; or
(C) to provide a funding source for reforestation
and other restoration activities for the National
Forest System lands or public lands impacted by the
catastrophic event.
(15) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System lands; and
(B) the Secretary of the Interior, with respect to
public lands.
(16) State.--The term ``State'' means each of the several
States.
(17) Western state.--The term ``western State'' means any
of the States of Alaska, Arizona, California, Colorado, Idaho,
Montana, Nevada, New Mexico, North Dakota, Oregon, South
Dakota, Utah, Washington, or Wyoming.
(18) Conservation finance agreement.--The term
``conservation finance agreement'' means a mutual benefit
agreement (excluding a procurement contract, grant, or
cooperative agreement described in chapter 63 of title 31,
United States Code)--
(A) the term of which is more than 1, but not more
than 20, years;
(B) that may provide that performance under the
agreement during the second and subsequent years of the
agreement is contingent on the appropriation of funds;
and
(C) if the agreement does so provide, that may
provide for a cancellation payment to be made to the
partner if those appropriations are not made.
(19) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19 of
title 36, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(20) Restore.--The term ``restore'' has the meaning given
the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(21) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
<all>
|
Active Forest Management, Wildfire Prevention and Community Protection Act
|
To address the bark beetle epidemic, to reduce catastrophic wildfires in the highest risk areas, to restore and improve the ecological integrity of forest, grassland, rangeland, and watershed ecosystems across the United States through public and private partnerships with Federal, State, local, and Tribal governments and private partners, and for other purposes.
|
Active Forest Management, Wildfire Prevention and Community Protection Act
|
Rep. Boebert, Lauren
|
R
|
CO
|
11,365
| 8,611
|
H.R.2927
|
Taxation
|
Savings for All Vocations Enhancement Act of 2021 or the SAVE Act of 2021
This bill modifies provisions relating to tax-exempt retirement plans. It (1) allows employers who establish a tax-exempt 403(b) pension plan to participate in a multiple employer plan, (2) allows employers who join an existing pension plan to take the tax credit for small employer pension plans start-up costs, (3) makes certain findings relating to S corporation employee stock ownership plans (ESOPs), (4) reduces the excise tax on certain accumulations in tax-exempt retirement plans and on failures to take required minimum plan distributions, and (5) sets forth a statute of limitations rule for purposes of the excise tax on excess plan contributions and accumulations in connection with an individual retirement plan.
|
To amend the Internal Revenue Code of 1986 and the Employee Retirement
Income Security Act of 1974 to improve rules relating to retirement
plans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings for All Vocations
Enhancement Act of 2021'' or the ``SAVE Act of 2021''.
SEC. 2. MULTIPLE EMPLOYER 403(B) PLANS.
(a) In General.--Section 403(b) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(15) Multiple employer plans.--
``(A) In general.--Except in the case of a church
plan, this subsection shall not be treated as failing
to apply to an annuity contract solely by reason of
such contract being purchased under a plan maintained
by more than 1 employer.
``(B) Treatment of employers failing to meet
requirements of plan.--
``(i) In general.--In the case of a plan
maintained by more than 1 employer, this
subsection shall not be treated as failing to
apply to an annuity contract held under such
plan merely because of one or more employers
failing to meet the requirements of this
subsection if such plan satisfies rules similar
to the rules of section 413(e)(2) with respect
to any such employer failure.
``(ii) Additional requirements in case of
non-governmental plans.--A plan shall not be
treated as meeting the requirements of this
subparagraph unless the plan meets the
requirements of subparagraph (A) or (B) of
section 413(e)(1), except in the case of a
multiple employer plan maintained solely by any
of the following: A State, a political
subdivision of a State, or an agency or
instrumentality of any one or more of the
foregoing.''.
(b) Annual Registration for 403(b) Multiple Employer Plan.--Section
6057 of such Code is amended by redesignating subsection (g) as
subsection (h) and by inserting after subsection (f) the following new
subsection:
``(g) 403(b) Multiple Employer Plans Treated as One Plan.--In the
case of annuity contracts to which this section applies and to which
section 403(b) applies by reason of the plan under which such contracts
are purchased meeting the requirements of paragraph (15) thereof, such
plan shall be treated as a single plan for purposes of this section.''.
(c) Annual Information Returns for 403(b) Multiple Employer Plan.--
Section 6058 of the Internal Revenue Code of 1986 is amended by
redesignating subsection (f) as subsection (g) and by inserting after
subsection (e) the following new subsection:
``(f) 403(b) Multiple Employer Plans Treated as One Plan.--In the
case of annuity contracts to which this section applies and to which
section 403(b) applies by reason of the plan under which such contracts
are purchased meeting the requirements of paragraph (15) thereof, such
plan shall be treated as a single plan for purposes of this section.''.
(d) Amendments to Employee Retirement Income Security Act of
1974.--
(1) Treated as pooled employer plan.--
(A) In general.--Section 3(43)(A) of the Employee
Retirement Income Security Act of 1974 is amended--
(i) in clause (ii), by striking ``section
501(a) of such Code or'' and inserting ``501(a)
of such Code, a plan that consists of contracts
described in section 403(b) of such Code, or'';
and
(ii) in the flush text at the end, by
striking ``the plan.'' and inserting ``the
plan, but such term shall include any program
(other than a governmental plan) maintained for
the benefit of the employees of more than 1
employer that consists of contracts described
in section 403(b) of such Code and that meets
the requirements of subparagraph (A) or (B) of
section 413(e)(1) of such Code.''.
(B) Conforming amendments.--Sections
3(43)(B)(v)(II) and 3(44)(A)(i)(I) of such Act are each
amended by striking ``section 401(a) of such Code or''
and inserting ``401(a) of such Code, a plan that
consists of contracts described in section 403(b) of
such Code, or''.
(2) Fiduciaries.--Section 3(43)(B)(ii) of such Act is
amended--
(A) by striking ``trustees meeting the requirements
of section 408(a)(2) of the Internal Revenue Code of
1986'' and inserting ``trustees (or other fiduciaries
in the case of a plan that consists of contracts
described in section 403(b) of the Internal Revenue
Code of 1986) meeting the requirements of section
408(a)(2) of such Code'', and
(B) by striking ``holding'' and inserting ``holding
(or causing to be held under the terms of a plan
consisting of such contracts)''.
(e) Regulations Relating to Plan Termination.--The Secretary of the
Treasury (or the Secretary's designee) shall prescribe such regulations
as may be necessary to clarify the treatment of a plan termination by
an employer in the case of plans to which section 403(b)(15) of such
Code applies.
(f) Modification of Model Plan Language, etc.--
(1) Plan notifications.--The Secretary of the Treasury (or
the Secretary's designee) shall modify the model plan language
published under section 413(e)(5) of the Internal Revenue Code
of 1986 to include language which notifies participating
employers which are exempt from tax under section 501(a) of
such Code that the plan is subject to the Employee Retirement
Income Security Act of 1974 and that such employer is a plan
sponsor with respect to its employees participating in the
multiple employer plan and, as such, has certain fiduciary
duties with respect to the plan and to its employees.
(2) Model plans for multiple employer 403(b) non-
governmental plans.--For plans to which section 403(b)(15)(A)
of the Internal Revenue Code of 1986 applies (other than a plan
maintained for its employees by a State, a political
subdivision of a State, or an agency or instrumentality of any
one or more of the foregoing) the Secretary shall publish model
plan language similar to model plan language published under
section 413(e)(5) of such Code.
(3) Educational outreach to employers exempt from tax.--The
Secretary shall provide education and outreach to increase
awareness to employers which are exempt from tax under section
501(a) of such Code that multiple employer plans are subject to
the Employee Retirement Income Security Act of 1974 and that
such employer is a plan sponsor with respect to its employees
participating in the multiple employer plan and, as such, has
certain fiduciary duties with respect to the plan and to its
employees.
(g) No Inference With Respect to Church Plans.--Regarding any
application of section 403(b) of the Internal Revenue Code of 1986 to
an annuity contract purchased under a church plan (as defined in
section 414(e) of such Code) maintained by more than 1 employer, or to
any application of rules similar to section 413(e) of such Code to such
a plan, no inference shall be made from section 403(b)(15)(A) of such
Code (as added by this Act) not applying to such plans.
(h) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to plan years beginning after December 31, 2021.
(2) Rule of construction.--Nothing in the amendments made
by subsection (a) shall be construed as limiting the authority
of the Secretary of the Treasury or the Secretary's delegate
(determined without regard to such amendment) to provide for
the proper treatment of a failure to meet any requirement
applicable under such Code with respect to one employer (and
its employees) in the case of a plan to which section
403(b)(15) applies.
SEC. 3. APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN STARTUP
COSTS TO EMPLOYERS WHICH JOIN AN EXISTING PLAN.
(a) In General.--Section 45E(d)(3)(A) of the Internal Revenue Code
of 1986 is amended by striking ``effective'' and inserting ``effective
with respect to the eligible employer''.
(b) Effective Date.--The amendment made by this section shall apply
to eligible employer plans which become effective with respect to the
eligible employer after the date of the enactment of this Act.
SEC. 4. FINDINGS RELATING TO S CORPORATION ESOPS.
Congress finds the following:
(1) On January 1, 1998, nearly 25 years after the Employee
Retirement Income Security Act of 1974 was enacted and the
employee stock ownership plan (hereafter in this section
referred to as an ``ESOP'') was created, employees were first
permitted to be owners of subchapter S corporations pursuant to
the Small Business Job Protection Act of 1996 (Public Law 104-
188).
(2) With the passage of the Taxpayer Relief Act of 1997
(Public Law 105-34), Congress designed incentives to encourage
businesses to become ESOP-owned S corporations.
(3) Since that time, several thousand companies have become
ESOP-owned S corporations, creating an ownership interest for
several million Americans in companies in every State in the
country, in industries ranging from heavy manufacturing to
construction and contracting to services.
(4) Every United States worker who is an employee-owner of
an S corporation company through an ESOP has a valuable
qualified retirement savings account.
(5) Recent studies have shown that employees of ESOP-owned
S corporations enjoy greater job stability, wages and benefits
than employees of comparable companies; and ESOP companies are
better able to weather economic downturns.
(6) Studies also show that employee-owners of S corporation
ESOP companies have amassed meaningful retirement savings
through their ESOP accounts that will give them the means to
retire with dignity.
(7) It is the goal of Congress to preserve and foster
employee ownership of S corporations through ESOPs.
SEC. 5. REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN QUALIFIED
RETIREMENT PLANS.
(a) In General.--Section 4974(a) of the Internal Revenue Code of
1986 is amended by striking ``50 percent'' and inserting ``25
percent''.
(b) Reduction in Excise Tax on Failures To Take Required Minimum
Distributions.--Section 4974 of such Code is amended by adding at the
end the following new subsection:
``(e) Reduction of Tax in Certain Cases.--
``(1) Reduction.--In the case of a taxpayer who--
``(A) corrects, during the correction window, a
shortfall of distributions from an individual
retirement plan which resulted in imposition of a tax
under subsection (a), and
``(B) submits a return, during the correction
window, reflecting such tax (as modified by this
subsection),
the first sentence of subsection (a) shall be applied by
substituting `10 percent' for `25 percent'.
``(2) Correction window.--For purposes of this subsection,
the term `correction window' means the period of time beginning
on the date on which the tax under subsection (a) is imposed
with respect to a shortfall of distributions from an individual
retirement plan, and ending on the earlier of--
``(A) the date on which the Secretary initiates an
audit, or otherwise demands payment, with respect to
the shortfall of distributions, or
``(B) the last day of the second taxable year that
begins after the end of the taxable year in which the
tax under subsection (a) is imposed.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
SEC. 6. INDIVIDUAL RETIREMENT PLAN STATUTE OF LIMITATIONS FOR EXCISE
TAX ON EXCESS CONTRIBUTIONS AND CERTAIN ACCUMULATIONS.
Section 6501(l) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(4) Individual retirement plans.--
``(A) In general.--For purposes of any tax imposed
by section 4973 or 4974 in connection with an
individual retirement plan, the return referred to in
this section shall be the income tax return filed by
the person on whom the tax under such section is
imposed for the year in which the act (or failure to
act) giving rise to the liability for such tax
occurred.
``(B) Rule in case of individuals not required to
file return.--In the case of a person who is not
required to file an income tax return for such year--
``(i) the return referred to in this
section shall be the income tax return that
such person would have been required to file
but for the fact that such person was not
required to file such return, and
``(ii) the 3-year period referred to in
subsection (a) with respect to the return shall
be deemed to begin on the date by which the
return would have been required to be filed
(excluding any extension thereof).''.
<all>
|
SAVE Act of 2021
|
To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to improve rules relating to retirement plans.
|
SAVE Act of 2021
Savings for All Vocations Enhancement Act of 2021
|
Rep. Kind, Ron
|
D
|
WI
|
11,366
| 7,154
|
H.R.7368
|
Housing and Community Development
|
Transforming Student Debt to Home Equity Act of 2022
This bill requires the Department of Housing and Urban Development (HUD) and the Federal Housing Finance Agency to jointly establish and implement a pilot demonstration program to provide, to eligible applicants with federal student loan debt, assistance in purchasing eligible properties. Specifically, the program may provide for (1) discounts on the appraised value of eligible properties, (2) flexibility in certain underwriting standards, (3) the development of new mortgage products specifically targeted to eligible applicants, and (4) other appropriate assistance. The program must provide for the development of a program that uses actuarial information to determine how the repayment of federal student loans may be integrated into a mortgage repayment schedule to allow eligible applicants to accumulate home equity.
An eligible property is a property (1) that is designed as a dwelling for occupancy by one to four families; (2) that is safe and habitable; (3) the occupancy of which will promote community revitalization; and (4) that is owned by HUD, the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), a local land bank, the Department of Agriculture, or the Department of Veterans Affairs.
|
To direct the Secretary of Housing and Urban Development and the
Director of the Federal Housing Finance Agency to develop a program to
provide assistance to creditworthy borrowers with Federal student debt
in purchasing certain foreclosed homes owned by the Federal Government,
the Federal National Mortgage Association, the Federal Home Loan
Mortgage Corporation, and local land banks, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transforming Student Debt to Home
Equity Act of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the third quarter of 2021, over 15,185,000 homes
remain vacant in the United States.
(2) These extended vacancies depress neighborhood property
values and create a downward spiral in neighborhood stability
in already troubled communities.
(3) Meanwhile, due to climbing expenses of higher
education, the total Federal student debt owed equals
$1,750,000,000,000.
(4) More than 44,700,000 Americans have at least one
outstanding student loan.
(5) Student loan repayments are forcing millions of young
families to delay purchasing their first home, as they cannot
afford to save for a downpayment or qualify for a mortgage
while also paying off student debt.
(6) Data from the Federal Reserve shows that non-Hispanic
White households have a median net worth of $181,440, while
Black households have a median net worth of $20,730 and
Hispanic households have $36,180; providing innovative
financial products will allow the United States to reduce the
racial wealth gap and to ensure equitable access to housing and
economic mobility.
(7) The COVID-19 pandemic has exacerbated the racial wealth
gap by increasing unemployment within already disadvantaged
communities and further reducing access to homeownership and
increasing the burden of student debt.
(8) According to a report from the Joint Center for Housing
Studies of Harvard University, Black and Hispanic households
are more likely to have their household income decline and to
face hardship in paying rent and other monthly housing costs
due to the COVID-19 pandemic.
(9) It is imperative to create a demonstration program to
design financial pathways to, where possible, systematically
convert some student debt streams into equity streams through
negotiation of mortgages; otherwise housing purchases will
continue to be sluggish among first-time home buyers and
thousands more Americans will enter their midyears saddled with
student loan debt never having had the opportunity to
accumulate equity.
(10) It is in the interest of the Federal Government to use
the resources at its disposal, including both housing
properties held in trust and student debt obligations, to put
reverse pressure on these downward trends.
(11) By arranging financing that recalculates terms, debt-
to-income ratios, mortgage interest rates, and other factors,
short-term student debt could transition into longer-term home
ownership.
(12) The goal is to connect creditworthy Federal student
debt holders with housing properties for sale and held by the
Federal Government and local land banks.
(13) Over time, participants can help restore
neighborhoods, transform their debt to equity, and stabilize
secured property values locally and on the Federal ledger by
maintaining and investing in a home mortgage.
SEC. 3. PROGRAM TO EXPAND ACCESS TO MORTGAGES TO ELIGIBLE CREDITWORTHY
HOME BUYERS WITH FEDERAL STUDENT LOAN DEBT.
(a) Establishment.--From amounts appropriated pursuant to
subsection (g), the Secretary of Housing and Urban Development and the
Director of the Federal Housing Finance Agency shall establish and
carry out a pilot demonstration program to--
(1) provide assistance to eligible applicants in purchasing
eligible properties; and
(2) subsequently analyze the results of the provision of
such assistance.
(b) Consultation.--In establishing and carrying out the program
pursuant to subsection (a), the Secretary and the Director shall
consult with--
(1) the Director of the Consumer Financial Protection
Bureau;
(2) the Secretary of Agriculture;
(3) the Secretary of Veterans Affairs;
(4) the Secretary of Education; and
(5) the Secretary of the Treasury.
(c) Eligible Applicants.--To be eligible for the program
established pursuant to subsection (a), an applicant--
(1) shall have an outstanding balance of principal or
interest owing on a Federal loan made, insured, or guaranteed
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.);
(2) shall have an area median income at or below 120
percent;
(3) may not be subject to a judgment secured through
litigation with respect to such a loan under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), may not
be subject to an order for wage garnishment under section 488A
of such Act (20 U.S.C. 1095a), and at the time of application
for participation in the program under this section--
(A) such a loan shall be in repayment status as
determined under section 428(b)(7)(A) of such Act (20
U.S.C. 1078(b)(7)(A)); or
(B) such a loan shall be in a grace period
preceding repayment;
(4) may not have owned a home during the 3-year period
immediately before the applicant purchases an eligible property
with assistance provided under this section;
(5) shall complete a program of counseling with respect to
the responsibilities and financial management involved in
homeownership that is approved by the Secretary;
(6) shall be creditworthy, as determined by the Secretary
and the Director;
(7) shall agree to use an eligible property purchased with
assistance provided under this section as the applicant's
primary residence for not less than the 3-year period beginning
on the date of such purchase; and
(8) shall be employed and earning sufficient income to
repay a mortgage loan, as determined by the Secretary and the
Director for the purposes of this program.
(d) Types of Assistance.--
(1) In general.--A program established under this section
may provide for any one or more of the following options:
(A) A discount on the appraised value of an
eligible property.
(B) Flexibility in underwriting standards related
to the purchase of eligible properties for mortgages
insured under title II of the National Housing Act (12
U.S.C. 1707 et seq.) or owned or guaranteed by the
Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation.
(C) The development of new mortgage products
specifically targeted to eligible applicants.
(D) Downpayment and private mortgage assistance to
eligible applicants.
(E) Pre-purchase counseling including related
credit and financial coaching to eligible applicants.
(F) Provision of a low- or no-interest mortgage
rate.
(G) Any other assistance that the Secretary and
Director jointly deem appropriate.
(2) Repayment integration.--The Secretary shall establish a
program that will integrate repayment of loans described in
subsection (c)(1) into a mortgage repayment schedule to allow
an eligible applicant to accumulate equity in the eligible
property. The Secretary shall use actuarial data and risk
assessments to collateralize the mortgage provided through
Federal funds.
(3) Collaboration.--In providing assistance described under
paragraph (1), the Secretary and the Director may collaborate
with--
(A) community banks having less than
$10,000,000,000 in total assets;
(B) credit unions (as defined in section 101 of the
Federal Credit Union Act);
(C) local fair housing organizations; and
(D) local land banks.
(e) Geographical Diversity.--In selecting eligible applicants to
receive assistance under this section, the Secretary and the Director
shall, to the extent practicable, consider the location of the eligible
property to be purchased by the eligible applicant, including whether
the eligible property is located in a rural or urban area, to ensure
geographic diversity of such eligible properties.
(f) Reports.--
(1) Interim report.--Not later than 180 days after the date
of the enactment of this section, the Secretary and the
Director shall submit to Congress an interim report describing
the type of assistance the Secretary and the Director shall
provide under the program established under this section.
(2) Final report.--Not later than 3 years after the date of
the enactment of this section, the Secretary and the Director
shall submit to Congress a final report that--
(A) evaluates the impact of the program carried out
under this section and describes any findings;
(B) identifies other types of assistance the
Secretary and the Director may offer; and
(C) includes any recommendations the Secretary and
Director may have for improving the program.
(g) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Federal Housing Finance Agency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Housing and Urban Development.
(3) Eligible property.--The term ``eligible property''
means a property that is designed as a dwelling for occupancy
by 1 to 4 families--
(A) that is safe and habitable, as defined by the
Secretary and the Director;
(B) the occupancy of which, as determined by the
Secretary and the Director, will promote community
revitalization; and
(C) that--
(i) was previously subject to a mortgage
loan insured by the Federal Housing
Administration under title II of the National
Housing Act (12 U.S.C. 1707 et seq.) and is
owned by the Secretary pursuant to the payment
of insurance benefits under such Act;
(ii) is a real estate owned property of the
Federal National Mortgage Association or the
Federal Home Loan Mortgage Corporation;
(iii) is owned by a local land bank;
(iv) is owned by the Department of
Agriculture; or
(v) is owned by the Department of Veterans
Affairs.
(4) Local land bank.--The term ``local land bank'' means--
(A) a governmental or nongovernmental nonprofit
entity established, at least in part, to assemble,
temporarily manage, and dispose of vacant land for the
purpose of stabilizing neighborhoods and encouraging
re-use or redevelopment of urban property; or
(B) such other governmental or nongovernmental
entity as the Secretary and the Director may determine
appropriate.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section for
fiscal years 2023, 2024, and 2025.
<all>
|
Transforming Student Debt to Home Equity Act of 2022
|
To direct the Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency to develop a program to provide assistance to creditworthy borrowers with Federal student debt in purchasing certain foreclosed homes owned by the Federal Government, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and local land banks, and for other purposes.
|
Transforming Student Debt to Home Equity Act of 2022
|
Rep. Kaptur, Marcy
|
D
|
OH
|
11,367
| 11,166
|
H.R.9596
|
International Affairs
|
Uyghur Human Rights Sanctions Review Act
This bill requires the Department of the Treasury to determine whether specified Chinese entities (1) are responsible for serious human rights abuses against Uyghurs or certain other predominantly Muslim ethnic groups, and (2) meet the criteria for the imposition of certain sanctions.
|
To require a determination of whether certain Chinese entities are
responsible for human rights abuses that meet the criteria for the
imposition of sanctions under the Global Magnitsky Human Rights
Accountability Act or the Uyghur Human Rights Policy Act of 2020.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uyghur Human Rights Sanctions Review
Act''.
SEC. 2. DETERMINATION OF WHETHER ACTIONS OF CERTAIN CHINESE ENTITIES
MEET CRITERIA FOR IMPOSITION OF SANCTIONS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney General, shall--
(1) determine whether any entity specified in subsection
(b)--
(A) is responsible for or complicit in, or has
directly or indirectly engaged in, serious human rights
abuses against Uyghurs or other predominantly Muslim
ethnic groups in the Xinjiang Uyghur Autonomous Region
of the People's Republic of China; and
(B) meets the criteria for the imposition of
sanctions under--
(i) the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.);
(ii) section 6 of the Uyghur Human Rights
Policy Act of 2020 (Public Law 116-145; 22
U.S.C. 6901 note); or
(iii) Executive Order 13818 (50 U.S.C. 1701
note; relating to blocking the property of
persons involved in serious human rights abuse
or corruption), as amended on or after the date
of the enactment of this Act; and
(2) submit to Congress a report on that determination that
includes the reasons for the determination.
(b) Entities Specified.--An entity specified in this subsection is
any of the following:
(1) Hangzhou Hikvision Digital Technology Co., Ltd.
(2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group).
(3) Tiandy Technologies Co., Ltd.
(4) Zhejiang Dahua Technology Co., Ltd.
<all>
|
Uyghur Human Rights Sanctions Review Act
|
To require a determination of whether certain Chinese entities are responsible for human rights abuses that meet the criteria for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act or the Uyghur Human Rights Policy Act of 2020.
|
Uyghur Human Rights Sanctions Review Act
|
Rep. Pfluger, August
|
R
|
TX
|
11,368
| 4,170
|
S.2348
|
Commerce
|
Golden-preneurship Act
This bill establishes the Golden Entrepreneurs Training and Demonstration Curriculum within the Office of Entrepreneurial Development of the Small Business Administration to provide small businesses owned by individuals who are 60 years of age or older with tools to accelerate the growth of those businesses.
The bill also rescinds unobligated balances of amounts made available for the Community Navigator Pilot Program, which was an initiative designed to reduce barriers for underrepresented and underserved entrepreneurs in accessing small business support programs.
|
To establish within the Office of Entrepreneurial Development of the
Small Business Administration a training curriculum relating to
businesses owned by older individuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Golden-preneurship Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``appropriate committees of Congress'' means--
(A) the Committee on Small Business and
Entrepreneurship of the Senate;
(B) the Special Committee on Aging of the Senate;
and
(C) the Committee on Small Business of the House of
Representatives;
(3) the term ``eligible entity'' means an operating
business that is owned by an older individual;
(4) the terms ``Federal agency'', ``Small Business
Innovation Research Program'', and ``Small Business Technology
Transfer Program'' have the meanings given the terms in section
9(e) of the Small Business Act (15 U.S.C. 638(e));
(5) the term ``older individual'' has the meaning given the
term in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002);
(6) the term ``operating business'' means a small business
concern that, as of the date on which the small business
concern seeks to enroll in the Program--
(A) has been in operation for not less than 3
years; and
(B) for the most recently completed taxable year,
had revenue of not less than $150,000;
(7) the term ``Program'' means the Golden Entrepreneurs
Training and Demonstration Curriculum established under section
4;
(8) the term ``resource partner'' means--
(A) a small business development center described
in section 21 of the Small Business Act (15 U.S.C.
648);
(B) the Service Corps of Retired Executives
described in section 8(b)(1)(B) of the Small Business
Act (15 U.S.C. 637(b)(1)(B));
(C) a women's business center described in section
29 of the Small Business Act (15 U.S.C. 656); or
(D) a Veteran Business Outreach Center;
(9) the term ``selected entity'' means an entity selected
by the Administrator to carry out the Program, as described in
section 4(a)(3); and
(10) the term ``small business concern'' has the meaning
given the term in section 3(a) of the Small Business Act (15
U.S.C. 632(a)).
SEC. 3. FINDINGS.
Congress finds the following:
(1) In 2018--
(A) \1/2\ of all new successful entrepreneurs in
the United States were older than 45 years of age; and
(B) 3 out of 10 entrepreneurs in the United States
were older than 50 years of age, a 50 percent increase
since 2007.
(2) As of the date of enactment of this Act, entrepreneurs
who are older than 55 years of age represent 55 percent of all
small business employers in the United States.
(3) Businesses started by older entrepreneurs--
(A) represent some of the highest growth businesses
in the United States; and
(B) rank among the top 0.1 percent of startups,
based on growth in the first 5 years of business.
SEC. 4. GOLDEN ENTREPRENEURS CURRICULUM.
(a) Establishment.--There is established within the Office of
Entrepreneurial Development of the Small Business Administration the
Golden Entrepreneurs Training and Demonstration Curriculum--
(1) the purpose of which shall be to provide eligible
entities with tools to accelerate the growth of those entities;
(2) which shall be a 210-day, comprehensive curriculum--
(A) to effectuate the purpose described in
paragraph (1);
(B) that provides to eligible entities the
resources described in subsection (b);
(C) which shall be customizable by an eligible
entity enrolled in the curriculum; and
(D) that has the capability for both in-person and
virtual enrollment and participation;
(3) that shall be carried out by an organization that is
described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such Code, or
by a resource partner, which the Administrator shall select
after submitting a request for proposal with respect to that
responsibility; and
(4) that includes specific outreach, training, and
engagement directed towards eligible entities that are located
in, or that serve, rural areas.
(b) Resources.--Under the Program, the Administrator, acting
through a selected entity, shall provide to eligible entities the
following:
(1) Resources and training relating to--
(A) technology and digitization of business
operations;
(B) business expansion and hiring;
(C) estate management and retirement strategies;
and
(D) the winding down of business operations,
including training relating to--
(i) the sale of an eligible entity;
(ii) the formation or transfer of assets to
an employee stock ownership plan, as that term
is defined in section 4975(e)(7) of the
Internal Revenue Code of 1986; and
(iii) the transfer of the management
functions of an eligible entity.
(2) Access to capital resources and training.
(3) Mentorship and networking opportunities.
(4) Information regarding Federal and State government
contracting opportunities.
(5) With respect to the 2-year period after the date on
which an eligible entity completes the Program--
(A) the establishment of benchmarks for the
eligible entity with respect to the performance and
growth of the eligible entity; and
(B) feedback with respect to the benchmarks
established under subparagraph (A).
(c) Locations.--A training module under the Program shall be
located in--
(1) a district office of the Small Business Administration;
(2) a facility provided by a nonprofit organization that
partners with the Small Business Administration; or
(3) a facility provided by a resource partner.
(d) Goal.--In carrying out the Program, the Administrator, acting
through a selected entity, shall establish the goal of providing
training to 1,000 eligible entities per year.
(e) Rule of Construction.--Nothing in this section may be construed
to prevent the Administrator from selecting multiple entities under
subsection (a)(3) to carry out the responsibilities described in that
provision.
SEC. 5. DATA COLLECTION.
(a) In General.--Beginning on the date that is 90 days after the
date of enactment of this Act, the Administrator, in consultation with
the head of any other Federal agency as may be necessary, shall track
the number and dollar amount of--
(1) loans and grants made to older individuals, and to
small business concerns owned by older individuals, under all
of the programs of the Small Business Administration, including
under--
(A) section 7(a) of the Small Business Act (15
U.S.C. 636(a));
(B) section 7(m) of the Small Business Act (15
U.S.C. 636(m)); and
(C) title V of the Small Business Investment Act of
1958 (15 U.S.C. 695 et seq.); and
(2) awards to small business concerns owned by older
individuals under the Small Business Innovation Research
Programs and Small Business Technology Transfer Programs.
(b) Reporting Requirement.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Administrator shall
submit to the appropriate committees of Congress a report regarding the
data collected under subsection (a) for the period covered by the
report.
(c) Continuation of Requirements.--The requirements under
subsections (a) and (b) shall continue in effect without regard to
whether the Program, or the authorization to carry out the Program, is
repealed.
SEC. 6. RESCISSION OF APPROPRIATIONS FOR COMMUNITY NAVIGATOR PILOT
PROGRAM.
Of the unobligated balances of amounts appropriated under section
5004(b)(2) of the American Rescue Plan Act of 2021 (Public Law 117-2)
on the date of enactment of this Act, $6,000,000 is rescinded.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator
$3,000,000 for each of fiscal years 2022 and 2023 to carry out this
Act.
<all>
|
Golden-preneurship Act
|
A bill to establish within the Office of Entrepreneurial Development of the Small Business Administration a training curriculum relating to businesses owned by older individuals, and for other purposes.
|
Golden-preneurship Act
|
Sen. Scott, Tim
|
R
|
SC
|
11,369
| 288
|
S.181
|
Civil Rights and Liberties, Minority Issues
|
Fred Korematsu Congressional Gold Medal Act of 2021
This bill provides for the award of a Congressional Gold Medal posthumously to Fred Korematsu in recognition of his contributions to civil rights, his loyalty and patriotism to the nation, and his dedication to justice and equality.
|
To posthumously award a Congressional Gold Medal to Fred Korematsu, in
recognition of his dedication to justice and equality.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fred Korematsu Congressional Gold
Medal Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On January 30, 1919, Fred Toyosaburo Korematsu was born
in Oakland, California to Japanese immigrants.
(2) Fred Korematsu graduated from Castlemont High School in
1937 and attempted to enlist in the military twice but was
unable to do so because his selective service classification
was changed to enemy alien, even though Fred Korematsu was a
United States citizen.
(3) Fred Korematsu trained as a welder and worked as a
foreman at the docks in Oakland until the date on which he and
all Japanese Americans were fired.
(4) On December 7, 1941, Japan attacked the military base
in Pearl Harbor, Hawaii, causing the United States to declare
war against Japan.
(5) On February 19, 1942, President Franklin D. Roosevelt
signed Executive Order 9066 (7 Fed. Reg. 1407 (February 25,
1942)), which authorized the Secretary of War to prescribe
military areas--
(A) from which any or all people could be excluded;
and
(B) with respect to which, the right of any person
to enter, remain in, or leave would be subject to any
restriction the Military Commander imposed in his
discretion.
(6) On May 3, 1942, the Lieutenant General of the Western
Command of the Army issued Civilian Exclusion Order 34 (May 3,
1942) (referred to in this Act as the ``Civilian Exclusion
Order'') directing that all people of Japanese ancestry be
removed from designated areas of the West Coast after May 9,
1942, because people of Japanese ancestry in the designated
areas were considered to pose a threat to national security.
(7) Fred Korematsu refused to comply with the Civilian
Exclusion Order and was arrested on May 30, 1942.
(8) After his arrest, Fred Korematsu--
(A) was held for 2\1/2\ months in the Presidio
stockade in San Francisco, California;
(B) was convicted on September 8, 1942, of
violating the Civilian Exclusion Order and sentenced to
5 years of probation; and
(C) was detained at Tanforan Assembly Center, a
former horse racetrack used as a holding facility for
Japanese Americans before he was exiled with his family
to the Topaz incarceration camp in the State of Utah.
(9) More than 120,000 Japanese Americans were similarly
detained, with no charges brought and without due process, in
10 permanent War Relocation Authority camps and other temporary
camps located in the States of Alaska, Arizona, Arkansas,
California, Colorado, Idaho, Utah, and Wyoming, many in
isolated areas.
(10) The people of the United States subject to the
Civilian Exclusion Order lost their homes, livelihoods, and the
freedoms guaranteed to all people of the United States.
(11) Fred Korematsu unsuccessfully challenged the Civilian
Exclusion Order as it applied to him and appealed the decision
of the United States District Court to the United States Court
of Appeals for the Ninth Circuit, which sustained his
conviction.
(12) Fred Korematsu was subsequently confined with his
family in the incarceration camp in Topaz, Utah, for 2 years,
and during that time, Fred Korematsu appealed his conviction to
the Supreme Court of the United States.
(13) On December 18, 1944, the Supreme Court of the United
States issued Korematsu v. United States, 323 U.S. 214 (1944),
which--
(A) upheld the conviction of Fred Korematsu by a
vote of 6 to 3; and
(B) concluded that Fred Korematsu was removed from
his home not based on hostility toward him or other
Japanese Americans but because the United States was at
war with Japan and the military feared a Japanese
invasion of the West Coast.
(14) In his dissenting opinion, Justice Frank Murphy called
the Civilian Exclusion Order the ``legalization of racism''.
(15) Two other Supreme Court Justices dissented from the
majority decision in Korematsu v. United States, including
Justice Jackson, who described the validation of the principle
of racial discrimination as a ``loaded weapon, ready for the
hand of any authority that can bring forward a plausible claim
of an urgent need''.
(16) Fred Korematsu continued to maintain his innocence for
decades following World War II, and his conviction hampered his
ability to gain employment.
(17) In 1982, legal historian Peter Irons and researcher
Aiko Yoshinaga-Herzig gained access to Government documents
under section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act''), that indicate
that while the case of Fred Korematsu was before the Supreme
Court of the United States, the Government misled the Supreme
Court of the United States and suppressed findings that
Japanese Americans on the West Coast were not security threats.
(18) In light of the newly discovered information, Fred
Korematsu filed a writ of error coram nobis with the United
States District Court for the Northern District of California,
and on November 10, 1983, United States District Judge Marilyn
Hall Patel issued her decision in Korematsu v. United States,
584 F. Supp. 1406 (N.D. Cal. 1984), that--
(A) overturned the Federal conviction of Fred
Korematsu;
(B) concluded that, at the time that senior
Government officials presented their case before the
Supreme Court of the United States in 1944, the senior
Government officials knew there was no factual basis
for the claim of military necessity for the Civil
Exclusion Order;
(C) acknowledged that ``the government knowingly
withheld information from the courts when they were
considering the critical question of military
necessity'' in the original case;
(D) recognized that ``there is substantial support
in the record that the government deliberately omitted
relevant information and provided misleading
information in papers before the court. The information
was critical to the court's determination''; and
(E) stated that although the decision of the
Supreme Court of the United States in Korematsu v.
United States, 323 U.S. 214 (1944), remains on the
pages of United States legal and political history,
``[a]s historical precedent it stands as a constant
caution that in times of war or declared military
necessity our institutions must be vigilant in
protecting constitutional guarantees''.
(19) The Commission on Wartime Relocation and Internment of
Civilians, authorized by Congress in 1980 to review the facts
and circumstances surrounding the relocation and incarceration
of Japanese Americans under Executive Order 9066 (7 Fed. Reg.
1407 (February 25, 1942)), concluded that--
(A) the decision of the Supreme Court of the United
States in Korematsu v. United States, 323 U.S. 214
(1944), is overruled by the court of history;
(B) a grave personal injustice was done to the
United States citizens and resident aliens of Japanese
ancestry who, without individual review or any
probative evidence against them, were excluded,
removed, and detained by the United States during World
War II; and
(C) the exclusion, removal, and detention of United
States citizens and resident aliens of Japanese
ancestry were motivated largely by ``racial prejudice,
wartime hysteria, and a failure of political
leadership''.
(20) The overturning of the conviction of Fred Korematsu
and the findings of the Commission on Wartime Relocation and
Internment of Civilians influenced the decision by Congress to
pass the Civil Liberties Act of 1988 (50 U.S.C. 4211 et seq.)
to request a Presidential apology and the symbolic payment of
compensation to people of Japanese ancestry who lost liberty or
property due to discriminatory actions of the Federal
Government.
(21) On August 10, 1988, President Reagan signed the Civil
Liberties Act of 1988 (50 U.S.C. 4211 et seq.), stating,
``[H]ere we admit a wrong; here we reaffirm our commitment as a
nation to equal justice under the law.''.
(22) On January 15, 1998, President Clinton awarded the
Presidential Medal of Freedom, the highest civilian award of
the United States, to Fred Korematsu, stating, ``[i]n the long
history of our country's constant search for justice, some
names of ordinary citizens stand for millions of souls: Plessy,
Brown, Parks. To that distinguished list, today we add the name
of Fred Korematsu.''.
(23) Fred Korematsu remained a tireless advocate for civil
liberties and justice throughout his life by--
(A) speaking out against racial discrimination and
violence; and
(B) cautioning the Government against repeating
mistakes of the past that singled out individuals for
heightened scrutiny on the basis of race, ethnicity,
nationality, or religion.
(24) On March 30, 2005, Fred Korematsu died at the age of
86 in Marin County, California.
(25) Fred Korematsu is a role model for all people of the
United States who love the United States and the promises
contained in the Constitution of the United States, and the
strength and perseverance of Fred Korematsu serve as an
inspiration for all people who strive for equality and justice.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The President pro tempore of the Senate and
the Speaker of the House of Representatives shall make appropriate
arrangements for the posthumous award, on behalf of Congress, of a gold
medal of appropriate design to Fred Korematsu, in recognition of his
contributions to civil rights, his loyalty and patriotism to the United
States, and his dedication to justice and equality.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (referred to in this
Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of Fred Korematsu under subsection (a), the gold medal
shall be given to the Smithsonian Institution, where it will be
available for display as appropriate and made available for
research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under subparagraph (1) available for--
(A) display, particularly at the National Portrait
Gallery; or
(B) loan, as appropriate, so that the medal may be
displayed elsewhere.
SEC. 4. DUPLICATE MEDALS.
Under regulations that the Secretary may promulgate, the Secretary
may strike and sell duplicates in bronze of the gold medals struck
under this Act, at a price sufficient to cover the cost of the medals,
including labor, materials, dies, use of machinery, and overhead
expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--Medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund.
<all>
|
Fred Korematsu Congressional Gold Medal Act of 2021
|
A bill to posthumously award a Congressional Gold Medal to Fred Korematsu, in recognition of his dedication to justice and equality.
|
Fred Korematsu Congressional Gold Medal Act of 2021
|
Sen. Hirono, Mazie K.
|
D
|
HI
|
11,370
| 13,551
|
H.R.9573
|
Government Operations and Politics
|
Jumpstarting Accountability Relating to Ethical Disclosures Act or the JARED Act
This bill prohibits former political appointees from investing in a company in which a foreign principal has also invested within four years of initially communicating about the investment when the appointee was still a federal employee.
|
To amend section 207 of title 18, United States Code, to prohibit
former political appointees from investing in or serving in a
managerial role in an investment fund in which a foreign principal owns
shares within a certain time period if such investment or managerial
role is based on conversations between such appointee and such foreign
principal while such appointee was employed by the Federal Government,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jumpstarting Accountability Relating
to Ethical Disclosures Act'' or the ``JARED Act''.
SEC. 2. PROHIBITION RELATING TO FOREIGN ENTITIES.
Section 207(f) of title 18, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by adding after paragraph (2) the following new
paragraph:
``(3) Special rule for former political appointees on
investments or management roles.--Any person who is a former
political appointee who, within 4 years of any communication
between such person and a foreign principal or an agent of a
foreign principal involving prospective business dealings or
investments by such person which occurred at the time such
person was an employee of the Federal Government, knowingly
invests in or serves in a managerial role with respect to an
investment company in which such foreign principal has also
invested shall be subject to the penalties set forth in section
216 of this title.''; and
(3) in paragraph (4), as redesignated by paragraph (1)--
(A) by striking ``this subsection,'' and inserting
``this subsection--'';
(B) by striking ``the term'' and inserting ``(A)
the term'';
(C) by striking the period and inserting a
semicolon; and
(D) by adding at the end the following new
subparagraphs:
``(B) the terms `foreign principal' and `agent of a foreign
principal' have the meaning given such terms in section 1 of
the Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611);
``(C) the term `investment company' has the meaning given
such term in section 3 of the Investment Company Act of 1940
(15 U.S.C. 80a-3); and
``(D) the term `political appointee' has the meaning given
such term in section 4(a) of the Edward `Ted' Kaufman and
Michael Leavitt Presidential Transitions Improvements Act of
2015 (5 U.S.C. 3101 note).''.
<all>
|
JARED Act
|
To amend section 207 of title 18, United States Code, to prohibit former political appointees from investing in or serving in a managerial role in an investment fund in which a foreign principal owns shares within a certain time period if such investment or managerial role is based on conversations between such appointee and such foreign principal while such appointee was employed by the Federal Government, and for other purposes.
|
JARED Act
Jumpstarting Accountability Relating to Ethical Disclosures Act
|
Rep. Beyer, Donald S., Jr.
|
D
|
VA
|
11,371
| 3,187
|
S.3949
|
Crime and Law Enforcement
| null |
[117th Congress Public Law 348]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 6211]]
Public Law 117-348
117th Congress
An Act
To reauthorize the Trafficking Victims Protection Act of 2000, and for
other purposes. <<NOTE: Jan. 5, 2023 - [S. 3949]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Trafficking
Victims Prevention and Protection Reauthorization Act of 2022.>>
SECTION 1. <<NOTE: 22 USC 7101 note.>> SHORT TITLE.
This Act may be cited as the ``Trafficking Victims Prevention and
Protection Reauthorization Act of 2022''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs To Support Young Victims Who Are Vulnerable To
Human Trafficking
Sec. 101. Authority to award competitive grants to enhance collaboration
between State child welfare and juvenile justice systems.
Sec. 102. Elimination of sunset for Advisory Council on Human
Trafficking.
Sec. 103. Pilot program for youth at high risk of being trafficked.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
Sec. 121. Comptroller General report on oversight of Federal supply
chains.
Sec. 122. Ensuring anti-trafficking-in-persons trainings and provisions
into Codes of Conduct of all Federal departments and
executive agencies.
Sec. 123. Government Accountability Office study on accessibility of
mental health services and substance use disorder services.
Sec. 124. NSF support of research on impacts of social media on human
trafficking.
Subtitle C--Monitoring Child, Forced, and Slave Labor
Sec. 131. Transparency in anti-trafficking expenditures.
Sec. 132. Sense of Congress regarding United States companies adopting
counter-trafficking-in-persons policies.
Sec. 133. Amendments to the Child Abuse Prevention and Treatment Act.
Sec. 134. Sense of Congress regarding timely submission of Department of
Justice reports.
Sec. 135. Sense of Congress on criteria for classifying victims of child
sex trafficking.
Sec. 136. Missing and abducted foster children and youth.
Sec. 137. Modification to State plan for foster care and adoption
assistance.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Extension of authorizations under the Victims of Trafficking
and Violence Protection Act of 2000.
Sec. 202. Improving enforcement of section 307 of the Tariff Act of
1930.
TITLE III--SEVERABILITY
Sec. 301. Severability.
[[Page 136 STAT. 6212]]
TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Programs To Support Young Victims Who Are Vulnerable To
Human Trafficking
SEC. 101. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ENHANCE
COLLABORATION BETWEEN STATE CHILD WELFARE
AND JUVENILE JUSTICE SYSTEMS.
(a) In General.--Subpart 1 of part B of title IV of the Social
Security Act (42 U.S.C. 621 et seq.) is amended by adding at the end the
following:
``SEC. 429A. <<NOTE: 42 USC 628c.>> GRANTS TO STATES TO ENHANCE
COLLABORATION BETWEEN STATE CHILD
WELFARE AND JUVENILE JUSTICE SYSTEMS.
``(a) Purpose.--The purpose of this section is to authorize the
Secretary, in collaboration with the Attorney General and the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice--
``(1) to make grants to State child welfare and juvenile
justice agencies and child- and youth-serving agencies to
collaborate in the collection of data relating to dual status
youth; and
``(2) <<NOTE: Procedures.>> to develop practices, policies,
and protocols--
``(A) to confront the challenges presented and
experienced by dual status youth; and
``(B) for the development of interoperable data
systems.
``(b) Authority to Award Grants.--
``(1) In general.--Subject to the availability of
appropriations, from amounts reserved under section 423(a)(2)
for a fiscal year, the Secretary shall award competitive grants
jointly to a State child welfare agency and a State juvenile
justice agency to facilitate or enhance collaboration between
the child welfare and juvenile justice systems of the State in
order to carry out programs to address the needs of dual status
youth and their families.
``(2) Length of grants.--
``(A) In general.--Subject to subparagraph (B), a
grant shall be awarded under this section for a period
of not less than 2 fiscal years and not more than 5
fiscal years.
``(B) Extension of grant.--Upon the application of
the grantee, the Secretary may extend the period for
which a grant is awarded under this section for not more
than 2 fiscal years.
``(c) Additional Requirements.--
``(1) Application.--In order for a State to be eligible for
a grant under this section, the State shall submit an
application, subject to the approval of the Secretary, that
includes--
``(A) a description of the proposed leadership
collaboration group (including the membership of such
group), and how such group will manage and oversee a
review and analysis of current practices while working
to jointly
[[Page 136 STAT. 6213]]
address enhanced practices to improve outcomes for dual
status youth;
``(B) a description of how the State proposes--
``(i) to identify dual status youth;
``(ii) to identify individuals who are at risk
of becoming dual status youth;
``(iii) to identify common characteristics
shared by dual status youth in the State; and
``(iv) to determine the prevalence of dual
status youth in the State;
``(C) a description of current and proposed
practices and procedures that the State intends to use--
``(i) to screen and assess dual status youth
for risks and treatment needs;
``(ii) to provide targeted and evidence-based
services, including educational, behavioral
health, and pro-social treatment interventions for
dual status youth and their families; and
``(iii) to provide for a lawful process to
enhance or ensure the abilities of the State and
any relevant agencies to share information and
data about dual status youth, while maintaining
confidentiality and privacy protections under
Federal and State law; and
``(D) <<NOTE: Certification.>> a certification that
the State has involved local governments, as
appropriate, in the development, expansion,
modification, operation, or improvement of proposed
policy and practice reforms to address the needs of dual
status youth.
``(2) No supplantation of other funds.--Any amounts paid to
a State under a grant under this section shall be used to
supplement and not supplant other State expenditures on dual
status youths or children involved with either the child welfare
or juvenile justice systems.
``(3) Evaluation.--Up to 10 percent of the amount made
available to carry out this section for a fiscal year shall be
made available to the Secretary to evaluate the effectiveness of
the projects funded under this section, using a methodology
that--
``(A) includes random assignment whenever feasible,
or other research methods that allow for the strongest
possible causal inferences when random assignment is not
feasible; and
``(B) generates evidence on the impact of specific
projects, or groups of projects with identical (or
similar) practices and procedures.
``(4) Report.--A State child welfare agency and a State
juvenile justice agency receiving a grant under this section
shall jointly submit to the Secretary, the Attorney General, and
the Administrator of the Office of Juvenile Justice and
Delinquency Prevention of the Department of Justice, a report on
the evaluation of the activities carried out under the grant at
the end of each fiscal year during the period of the grant. Such
report shall include--
``(A) a description of the scope and nature of the
dual status youth population in the State, including the
number of dual status youth;
[[Page 136 STAT. 6214]]
``(B) a description of the evidence-based practices
and procedures used by the agencies to carry out the
activities described in clauses (i) through (iii) of
paragraph (1)(C); and
``(C) <<NOTE: Analysis.>> an analysis of the
effects of such practices and procedures, including
information regarding--
``(i) the collection of data related to
individual dual status youths;
``(ii) aggregate data related to the dual
status youth population, including--
``(I) characteristics of dual status
youths in the State;
``(II) case processing timelines;
and
``(III) information related to case
management, the provision of targeted
services, and placements within the
foster care or juvenile justice system;
and
``(iii) the extent to which such practices and
procedures have contributed to--
``(I) improved educational outcomes
for dual status youths;
``(II) fewer delinquency referrals
for dual status youths;
``(III) shorter stays in intensive
restrictive placements for dual status
youths; or
``(IV) such other outcomes for dual
status youths as the State child welfare
agency and State juvenile justice agency
may identify.
``(d) Training and Technical Assistance.--The Secretary may support
State child welfare agencies and State juvenile justice agencies by
offering a program, developed in consultation with organizations and
agencies with subject matter expertise, of training and technical
assistance to assist such agencies in developing programs and protocols
that draw on best practices for serving dual status youth in order to
facilitate or enhance--
``(1) collaboration between State child welfare agencies and
State juvenile justice agencies; and
``(2) the effectiveness of such agencies with respect to
working with Federal agencies and child welfare and juvenile
justice agencies from other States.
``(e) Report.--Not later than 3 years after the date of enactment of
this section, and every 3 years thereafter, the Secretary, the Attorney
General, and the Administrator of the Office of Juvenile Justice and
Delinquency Prevention of the Department of Justice shall jointly submit
to the Committee on Finance and the Committee on the Judiciary of the
Senate and the Committee on Ways and Means and the Committee on
Education and Labor of the House of Representatives, a report on the
grants provided under this section.
``(f) Definitions.--In this section:
``(1) Dual status youth.--The term `dual status youth' means
a child who has come into contact with both the child welfare
and juvenile justice systems and occupies various statuses in
terms of the individual's relationship to such systems.
``(2) Leadership collaboration group.--The term `leadership
collaboration group' means a group composed of senior
[[Page 136 STAT. 6215]]
officials from the State child welfare agency, the State
juvenile justice agency, and other relevant youth and family-
serving public agencies and private organizations, including, to
the extent practicable, representatives from the State judiciary
branch.
``(3) State juvenile justice agency.--The term `State
juvenile justice agency' means the agency of the State or Indian
tribe responsible for administering grant funds awarded under
the Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11101 et seq.).
``(4) State child welfare agency.--The term `State child
welfare agency' means the State agency responsible for
administering the program under this subpart, or, in the case of
a tribal organization that is receiving payments under section
428, the tribal agency responsible for administering such
program.''.
(b) Conforming Amendments.--Section 423(a) of such Act (42 U.S.C.
623(a)) is amended--
(1) by striking ``The sum appropriated'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), the sum
appropriated''; and
(2) by adding at the end the following:
``(2) Grants to states to enhance collaboration between
state child welfare and juvenile justice systems.--For each
fiscal year beginning with fiscal year 2023 for which the amount
appropriated under section 425 for the fiscal year exceeds
$270,000,000--
``(A) the Secretary shall reserve from such excess
amount such sums as are necessary for making grants
under section 429A for such fiscal year; and
``(B) <<NOTE: Determination.>> the remainder to be
applied under paragraph (1) for purposes of making
allotments to States for such fiscal year shall be
determined after the Secretary first allots $70,000 to
each State under such paragraph and reserves such sums
under subparagraph (A) of this paragraph.''.
SEC. 102. ELIMINATION OF SUNSET FOR ADVISORY COUNCIL ON HUMAN
TRAFFICKING.
The Survivors of Human Trafficking Empowerment Act (section 115 of
Public Law 114-22) <<NOTE: 22 USC 7103b.>> is amended by striking
subsection (h).
SEC. 103. PILOT PROGRAM FOR YOUTH AT HIGH RISK OF BEING
TRAFFICKED.
Section 202(b) of the Trafficking Victims Protection Reauthorization
Act of 2005 (34 U.S.C. 20702(b)) is amended by adding at the end the
following:
``(5) Pilot demonstration program.--
``(A) Establishment.--The Assistant Attorney
General, in consultation with the Assistant Secretary,
shall establish a pilot demonstration program, through
which community-based organizations in underserved
communities, prioritizing rural communities, in the
United States may apply for funding to develop,
implement, and build replicable treatment models, based
on the type of housing unit that the individual being
treated lives in, with supportive services and
innovative care, treatment, and services.
[[Page 136 STAT. 6216]]
``(B) Population to be served.--The program
established pursuant to subparagraph (A) shall primarily
serve adolescents and youth who--
``(i) are transitioning out of foster care;
``(ii) struggle with substance use disorder;
``(iii) are pregnant or parenting; or
``(iv) have experienced foster care
involvement or involvement in the child welfare
system, child poverty, child abuse or neglect,
human trafficking, juvenile justice involvement,
gang involvement, or homelessness.
``(C) Authorized activities.--Funding provided under
subparagraph (A) may be used for--
``(i) providing residential care, including
temporary or long-term placement as appropriate;
``(ii) providing 24-hour emergency social
services response;
``(iii) providing clothing and other daily
necessities needed to keep individuals from
returning to living on the street;
``(iv) case management services;
``(v) mental health counseling, including
specialized counseling and substance abuse
treatment;
``(vi) legal services;
``(vii) specialized training for social
service providers, public sector personnel, and
private sector personnel likely to encounter sex
trafficking and labor trafficking victims on
issues related to the sex trafficking and labor
trafficking of minors; and
``(viii) outreach and education programs to
provide information about deterrence and
prevention of sex trafficking and labor
trafficking of minors.
``(D) Funding priority.--The Assistant Attorney
General shall give funding priority to community-based
programs that provide crisis stabilization, emergency
shelter, and addiction treatment for adolescents and
transitional age residential programs that have
reputable outcomes.''.
Subtitle B--Governmental Efforts To Prevent Human Trafficking
SEC. 121. COMPTROLLER GENERAL REPORT ON OVERSIGHT OF FEDERAL
SUPPLY CHAINS.
(a) In General.--Not later than June 1, 2024, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report on Federal contract supply chain
oversight related to the prevention of trafficking in persons.
(b) <<NOTE: Assessments.>> Elements.--The report required under
subsection (a) shall include an assessment of the following:
(1) The compliance of Federal agencies with the requirement
under section 1704(c)(1) of the National Defense Authorization
Act for Fiscal Year 2013 (22 U.S.C. 7104b(c)(1)) to refer to
suspension and debarment officials allegations of trafficking in
persons activities on the part of contract, grant, and
cooperative agreement recipients.
[[Page 136 STAT. 6217]]
(2) The compliance of Federal agencies with the requirement
to include the contract clause regarding combating trafficking
in persons provided for under section 222.50 of the Federal
Acquisition Regulation (or successor regulations).
(3) Federal agency enforcement and monitoring activities
related to ensuring the compliance of Federal contractors and
subcontractors with the annual certification requirements under
such section 222.50.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Oversight and Reform, and the Committee on Appropriations of the
House of Representatives.
SEC. 122. <<NOTE: 5 USC 4103 note.>> ENSURING ANTI-TRAFFICKING-
IN-PERSONS TRAININGS AND PROVISIONS INTO
CODES OF CONDUCT OF ALL FEDERAL
DEPARTMENTS AND EXECUTIVE AGENCIES.
(a) Findings.--Congress finds the following:
(1) Human trafficking is inimical to every Federal agency's
core values and inherently harmful and dehumanizing.
(2) Through the adoption of a Code of Conduct, Federal
agencies hold their personnel to similar standards that are
required of contractors and subcontractors of the agency under
Federal law.
(3) Human trafficking is a violation of human rights and
against Federal law.
(4) The United States Government seeks to deter activities
that would facilitate or support trafficking in persons.
(b) Sense of Congress on Implementation of Anti-trafficking-in-
persons Policies.--It is the sense of Congress that--
(1) <<NOTE: Deadline.>> beginning not later than 18 months
after the date of the enactment of this Act, the head of every
Federal agency should incorporate a module on human trafficking
into its staff training requirements and menu of topics to be
covered in the annual ethics training of such agency;
(2) such staff trainings should teach employees how to
prevent, identify, and report trafficking in persons;
(3) Federal agencies that already provide counter
trafficking-in-persons training for staff should share their
curricula with agencies that do not have such curricula;
(4) the head of each agency should inform all candidates for
employment about the anti-trafficking provisions in the Code of
Conduct of the agency;
(5) employees of each Federal agency should sign
acknowledgment of the agency's Code of Conduct, which should be
kept in the file of the employee; and
(6) a violation of the Code of Conduct should lead to
disciplinary action, up to and including termination of
employment.
(c) <<NOTE: President. Requirements.>> Policy for Executive Branch
Employees.--The President shall take such steps as may be necessary to
ensure that each officer and employee (including temporary employees,
persons stationed abroad while working for the United States, and
detailees from other agencies of the Federal Government) of an agency in
[[Page 136 STAT. 6218]]
the executive branch of the Federal Government is subject to a policy
with a minimum standard that contains--
(1) a prohibition from engaging in human trafficking while
employed by the Government in a full-time or part-time capacity;
(2) a requirement that all Federal personnel, without regard
to whether the person is stationed abroad, be sensitized to
human trafficking and the ethical conduct requirements that
prohibit the procurement of trafficking in persons;
(3) a requirement that all such personnel be equipped with
the necessary knowledge and tools to prevent, recognize, report,
and address human trafficking offenses through a training for
new personnel and through regular refresher courses offered
every 2 years; and
(4) a requirement that all such personnel report to the
applicable inspector general and agency trafficking in persons
point of contact any suspected cases of misconduct, waste,
fraud, or abuse relating to trafficking in persons.
(d) Timing.--The policy described in subsection (c)--
(1) shall be established or integrated into all applicable
employee codes of conduct not later than 18 months after the
date of the enactment of this Act;
(2) may not replace any preexisting code of conduct that
contains more robust requirements than the requirements
described in subsection (c); and
(3) shall be signed by all personnel described in subsection
(c) not later than 2 years after such date of enactment.
(e) <<NOTE: Public information.>> Reporting.--The Office of
Inspector General of a Federal department or agency, in consultation
with the head of such agency, shall submit an annual report to Congress,
which shall be publicly accessible, containing--
(1) the number of suspected violations reported;
(2) the number of investigations;
(3) the status and outcomes of such investigations; and
(4) <<NOTE: Recommenda- tions.>> any recommended actions to
improve the programs and operations of such agency.
SEC. 123. <<NOTE: Reports.>> GOVERNMENT ACCOUNTABILITY OFFICE
STUDY ON ACCESSIBILITY OF MENTAL HEALTH
SERVICES AND SUBSTANCE USE DISORDER
SERVICES.
Not later than 3 years after the date of the enactment of this Act,
the Comptroller General of the United States shall--
(1) conduct a study of the accessibility of mental health
services and substance use disorder treatment and recovery for
survivors of human trafficking in the United States of various
ages; and
(2) submit a report to Congress containing the findings of
such study and recommendations for increased accessibility and
affordability for survivors of trafficking.
SEC. 124. <<NOTE: 42 USC 1862w.>> NSF SUPPORT OF RESEARCH ON
IMPACTS OF SOCIAL MEDIA ON HUMAN
TRAFFICKING.
(a) Definitions.--In this section:
(1) Human trafficking.--The term ``human trafficking'' means
an act or practice described in section 103(11) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11)).
(2) Social media platform.--The term ``social media
platform'' means a website or internet medium that--
[[Page 136 STAT. 6219]]
(A) permits a person to become a registered user,
establish an account, or create a profile for the
purpose of allowing users to create, share, and view
user-generated content through such an account or
profile;
(B) enables 1 or more users to generate content that
can be viewed by other users of the medium; and
(C) primarily serves as a medium for users to
interact with content generated by other users of the
medium.
(b) Support of Research.--The Director of the National Science
Foundation, in consultation with the Attorney General, the Secretary of
Homeland Security, and the Secretary of Health and Human Services, shall
support merit-reviewed and competitively awarded research on the impact
of online social media platforms on the maintenance or expansion of
human trafficking, which may include--
(1) fundamental research on digital forensic tools or other
technologies for verifying the authenticity of social media
platform users and their materials, that are utilized in the
promotion or operation of human trafficking networks;
(2) fundamental research on privacy preserving technical
tools that may aid law enforcement's ability to identify and
prosecute individuals or entities promoting or involved in human
trafficking;
(3) social and behavioral research related to social media
platform users who engage with those promoting or involved in
human trafficking;
(4) research on the effectiveness of expanding public
understanding, awareness, or law enforcement efforts in
combating human trafficking through social media platforms; and
(5) research awards coordinated with other Federal agencies
and programs, including the Information Integrity Research and
Development Interagency Working Group and the Privacy Research
and Development Interagency Working Group of the Networking and
Information Technology Research and Development Program, the
Office for Victims of Crime of the Department of Justice, the
Blue Campaign of the Department of Homeland Security, the Office
to Monitor and Combat Trafficking in Persons of the Department
of State, and activities of the Department of Transportation and
the Advisory Committee on Human Trafficking.
(c) Survivors.--To the extent possible, the Director of the National
Science Foundation shall ensure that research supported under subsection
(b) incorporates the experiences, input, and safety and privacy concerns
of human trafficking survivors.
(d) Reports.--
(1) Findings and recommendations.--Not later than 1 year
after the date of enactment of this Act, the Director of the
National Science Foundation shall report to the Committee on
Commerce, Science, and Transportation of the Senate, the
Subcommittee on Commerce, Justice, Science, and Related Agencies
of the Committee on Appropriations of the Senate, the Committee
on Science, Space, and Technology of the House of
Representatives, and the Subcommittee on Commerce, Justice,
Science, and Related Agencies of the Committee on Appropriations
of the House of Representatives--
(A) the Director's findings with respect to the
feasibility for research opportunities, including with
the private sector
[[Page 136 STAT. 6220]]
social media platform companies, to improve the ability
to combat human trafficking operations; and
(B) any recommendations of the Director that could
facilitate and improve communication and coordination
among the private sector, the National Science
Foundation, and relevant Federal agencies to improve the
ability to combat human trafficking operations through
social media.
(2) Results of research.--Not later than 4 years after the
date of enactment of this Act, the Director of the National
Science Foundation shall report to the Committee on Commerce,
Science, and Transportation of the Senate, the Subcommittee on
Commerce, Justice, Science, and Related Agencies of the
Committee on Appropriations of the Senate, the Committee on
Science, Space, and Technology of the House of Representatives,
and the Subcommittee on Commerce, Justice, Science, and Related
Agencies of the Committee on Appropriations of the House of
Representatives on the results of the research supported under
this section.
Subtitle C--Monitoring Child, Forced, and Slave Labor
SEC. 131. TRANSPARENCY IN ANTI-TRAFFICKING EXPENDITURES.
(a) <<NOTE: Deadlines. Public information. Web posting.>> In
General.--Not later than 90 days after the date of the enactment of this
Act, and not later than October 1 of each of the following 5 years, the
head of each Federal department or agency to which amounts are
appropriated for the purpose of awarding grants for anti-trafficking in
persons, and the head of each Federal department and agency contributing
to the annual congressional earmark for counter-trafficking in persons,
shall publish on the public website of the department or agency, with
respect to the prior fiscal year--
(1) each obligation or expenditure of Federal funds for the
purpose of combating human trafficking and forced labor; and
(2) subject to subsection (b), and with respect to each such
obligation or expenditure, the name of a primary recipient, and
any subgrantees, and their project location, activity, award
amounts, and award periods.
(b) <<NOTE: Determination.>> Exception for Security Concerns.--If
the head of a Federal department or agency determines that a primary
recipient or subgrantee for purposes of subsection (a) has a security
concern--
(1) the award recipients shall not be publicly identified
pursuant to subsection (a)(2); and
(2) only the activity, award amounts, and award periods
shall be publicly listed pursuant to such subsection.
SEC. 132. SENSE OF CONGRESS REGARDING UNITED STATES COMPANIES
ADOPTING COUNTER-TRAFFICKING-IN-PERSONS
POLICIES.
It is the sense of Congress that--
(1) <<NOTE: Deadline.>> companies headquartered or doing
business in the United States that are not small business
concerns (as defined in section 3 of the Small Business Act (15
U.S.C. 632)) should adopt a written policy not later than 18
months after the date of the enactment of this Act that--
[[Page 136 STAT. 6221]]
(A) prohibits trafficking in persons;
(B) is published annually; and
(C) is accessible in a prominent place on their
public website; and
(2) such policy should expressly prohibit the company, its
employees, or agents from--
(A) engaging in human trafficking;
(B) using forced labor for the development,
production, shipping, or sale of its goods or services;
(C) destroying, concealing, confiscating, or
otherwise denying access by an employee to the
employee's identity or immigration documents, such as
passports or drivers' licenses, regardless of issuing
authority;
(D) using misleading or fraudulent practices during
the recruitment of employees or offering of employment,
such as--
(i) failing to disclose, in a format and
language understood by the employee or potential
employee, basic information; or
(ii) making material misrepresentations during
the recruitment of employees regarding the key
terms and conditions of employment, including--
(I) wages and fringe benefits;
(II) the location of work;
(III) the living conditions;
(IV) housing and associated costs
(if employer- or agent-provided or
arranged);
(V) any significant costs to be
charged to the employee or potential
employee; and
(VI) the hazardous nature of the
work, if applicable;
(E) using recruiters that do not comply with local
labor laws of the country in which the recruiting takes
place;
(F) providing or arranging housing that fails to
meet the host country housing and safety standards; and
(G) failing to provide an employment contract,
recruitment agreement, or other required work document--
(i) in writing--
(I) in a language the employee
understands; or
(II) along with an independent
interpreter if the document cannot be
provided in a language the employee
understands;
(ii) <<NOTE: Deadline.>> not later than 5
days before the employee relocates, if relocation
is required to perform the work; and
(iii) that includes details about work
description, wages, work locations, living
accommodations and associated costs, time off,
round-trip transportation arrangements, grievance
processes, and the content of applicable laws and
regulations that prohibit trafficking in persons.
SEC. 133. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT
ACT.
Section 111(b)(1) of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106g(b)(1)) is amended by striking ``a victim of''
[[Page 136 STAT. 6222]]
and all that follows and inserting ``a victim of `child abuse and
neglect' and of `sexual abuse' if the child is identified, by a State or
local agency employee of the State or locality involved, as being a
victim of human trafficking.''.
SEC. 134. SENSE OF CONGRESS REGARDING TIMELY SUBMISSION OF
DEPARTMENT OF JUSTICE REPORTS.
It is the sense of Congress that--
(1) the Department of Justice has failed to meet its
reporting requirements under title IV of the Trafficking Victims
Protection Act of 2017 (34 U.S.C. 10101 et seq.); and
(2) progress on critical data collection about human
trafficking and crime reporting are in jeopardy as a result of
such failure and must be addressed immediately.
SEC. 135. SENSE OF CONGRESS ON CRITERIA FOR CLASSIFYING VICTIMS OF
CHILD SEX TRAFFICKING.
It is the sense of Congress that--
(1) all States (including the District of Columbia) and
territories should evaluate whether to eliminate the requirement
for third-party control to properly qualify a child as a victim
of sex trafficking, to--
(A) aid in the identification and prevention of
child sex trafficking;
(B) protect children; and
(C) appropriately prosecute perpetrators to the
fullest extent of the law; and
(2) a person is qualified as a victim of child sex
trafficking if the person is a victim, as a child, of human
trafficking.
SEC. 136. MISSING AND ABDUCTED FOSTER CHILDREN AND YOUTH.
It is the sense of Congress that--
(1) each State child welfare agency should--
(A) prioritize developing and implementing protocols
to comply with section 471(a)(35) of the Social Security
Act (42 U.S.C. 671(a)(35)), as amended by section 137;
and
(B) report the information the agency receives about
missing or abducted foster children and youth to the
National Center on Missing and Exploited Children and to
law enforcement authorities for inclusion in the Federal
Bureau of Investigation's National Crime Information
Center database, in accordance with section 471(a)(34)
of the Social Security Act (42 U.S.C. 671(a)(34));
(2) the reports described in paragraph (1)(B)--
(A) should be made immediately (and in no case later
than 24 hours) after the information is received; and
(B) were required to be provided to the Secretary of
Health and Human Services beginning on September 30,
2016; and
(3) according to section 471(a)(34) of such Act, each State
child welfare agency was required to submit annual reports to
the Secretary of Health and Human Services beginning on
September 30, 2017, to notify the Secretary of the total number
of children and youth who are victims of human trafficking.
[[Page 136 STAT. 6223]]
SEC. 137. MODIFICATION TO STATE PLAN FOR FOSTER CARE AND ADOPTION
ASSISTANCE.
(a) State Plan Amendment.--Section 471(a)(35)(B) of the Social
Security Act (42 U.S.C. 671(a)(35)(B)) is amended by striking the
semicolon at the end and inserting the following: ``(referred to in this
subparagraph as ``NCMEC''), and that the State agency shall maintain
regular communication with law enforcement agencies and NCMEC in efforts
to provide a safe recovery of a missing or abducted child or youth,
including by sharing information pertaining to the child's or youth's
recovery and circumstances related to the recovery, and that the State
report submitted to law enforcement agencies and NCMEC shall include
where reasonably possible--
``(i) a photo of the missing or abducted child
or youth;
``(ii) a description of the child's or youth's
physical features, such as height, weight, sex,
ethnicity, race, hair color, and eye color; and
``(iii) endangerment information, such as the
child's or youth's pregnancy status, prescription
medications, suicidal tendencies, vulnerability to
being sex trafficked, and other health or risk
factors;''.
(b) <<NOTE: 42 USC 671 note.>> Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall take effect on the date
of enactment of this Act.
(2) <<NOTE: Determination.>> Delay if state legislation
required.--In the case of a State plan under part E of title IV
of the Social Security Act which the Secretary of Health and
Human Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendment made by
subsection (a), the State plan shall not be regarded as failing
to comply with the requirements of such part solely on the basis
of the failure of the plan to meet such additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this Act.
For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of the session
shall be deemed to be a separate regular session of the State
legislature.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF
TRAFFICKING AND VIOLENCE PROTECTION ACT OF
2000.
Section 113 of the Victims of Trafficking and Violence Protection
Act of 2000 (22 U.S.C. 7110) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``To carry out the
purposes of sections 106(b) and 107(b),'' and inserting
``To carry out the purposes of sections 106(b) and
107(b) of this Act and section 429A of the Social
Security Act,''; and
[[Page 136 STAT. 6224]]
(B) in paragraph (2), by striking ``2018 through
2021'' and inserting ``2023 through 2028'';
(2) in subsection (d)(3), by striking ``$11,000,000 to the
Attorney General for each of the fiscal years 2018 through
2021'' and inserting ``$11,000,000 to the Attorney General for
each of the fiscal years 2023 through 2028'';
(3) in subsection (f), by striking ``2018 through 2021.''
and inserting ``2023 through 2028''; and
(4) in subsection (i)--
(A) by striking ``2018 through 2021'' and inserting
``2023 through 2028''; and
(B) by inserting ``of which $2,000,000 shall be made
available each fiscal year for the establishment of a
labor trafficking investigation team within the
Department of Homeland Security Center for Countering
Human Trafficking, and the remaining funds shall be
used'' after ``expended,''.
SEC. 202. <<NOTE: Appropriation authorization. Time period.>>
IMPROVING ENFORCEMENT OF SECTION 307 OF
THE TARIFF ACT OF 1930.
There is authorized to be appropriated $20,000,000, for each of
fiscal years 2023 through 2028, to the Commissioner of U.S. Customs and
Border Protection to strengthen the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
TITLE III--SEVERABILITY
SEC. 301. <<NOTE: 22 USC 7103b note.>> SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provision or amendment to any other person or circumstance, shall not be
affected.
Approved January 5, 2023.
LEGISLATIVE HISTORY--S. 3949:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 168 (2022):
Dec. 20, considered and passed Senate.
Dec. 22, considered and passed House.
<all>
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Trafficking Victims Prevention and Protection Reauthorization Act of 2022
|
A bill to reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.
|
Trafficking Victims Prevention and Protection Reauthorization Act of 2022
Trafficking Victims Prevention and Protection Reauthorization Act of 2022
|
Sen. Grassley, Chuck
|
R
|
IA
|
11,372
| 7,728
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H.R.6719
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Water Resources Development
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This bill provides for furnishing assistance to nonfederal interests for water-related, environmental infrastructure and resource protection and development projects in northern and southern West Virginia.
The bill includes Gilmer, Mason, Putnam, Kanawha, Jackson, Roane, Clay, Wirt, Calhoun, Braxton, and Pendleton counties in central West Virginia as part of the Southern West Virginia Environmental Restoration Infrastructure and Resource Protection Development Pilot Program.
The bill redesignates the area of the pilot program to provide environmental assistance to nonfederal interests in central West Virginia to that of northern West Virginia.
The bill replaces the definition of the counties comprising central West Virginia with a definition of the counties comprising northern West Virginia.
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To amend the Water Resources Development Act of 1992 and the Water
Resources Development Act of 1999 to provide assistance to non-Federal
interests for water-related environmental infrastructure projects in
northern and southern West Virginia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 1. SOUTHERN WEST VIRGINIA ENVIRONMENTAL RESTORATION INFRASTRUCTURE
AND RESOURCE PROTECTION DEVELOPMENT PILOT PROGRAM.
Section 340(f) of the Water Resources Development Act of 1992 (106
Stat. 4856) is amended by inserting ``Gilmer, Mason, Putnam, Kanawha,
Jackson, Roane, Clay, Wirt, Calhoun, Braxton, Pendleton,'' before
``Raleigh''.
SEC. 2. NORTHERN WEST VIRGINIA.
Section 571 of the Water Resources Development Act of 1999 (113
Stat. 371) is amended--
(1) in the section heading by striking ``central'' and
inserting ``northern'';
(2) by striking ``central'' and inserting ``northern'' each
place it appears; and
(3) by striking subsection (a) and inserting the following:
``(a) Definition of Northern West Virginia.--In this section, the
term `northern West Virginia' means the counties of Lewis, Upshur,
Randolph, Hardy, Hampshire, Morgan, Berkeley, Jefferson, Hancock, Ohio,
Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia,
Marion, Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant,
Brooke, and Ritchie, West Virginia.''.
<all>
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To amend the Water Resources Development Act of 1992 and the Water Resources Development Act of 1999 to provide assistance to non-Federal interests for water-related environmental infrastructure projects in northern and southern West Virginia, and for other purposes.
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To amend the Water Resources Development Act of 1992 and the Water Resources Development Act of 1999 to provide assistance to non-Federal interests for water-related environmental infrastructure projects in northern and southern West Virginia, and for other purposes.
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Official Titles - House of Representatives
Official Title as Introduced
To amend the Water Resources Development Act of 1992 and the Water Resources Development Act of 1999 to provide assistance to non-Federal interests for water-related environmental infrastructure projects in northern and southern West Virginia, and for other purposes.
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Rep. McKinley, David B.
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R
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WV
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11,373
| 1,641
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S.2546
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Health
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Reef Safe Act of 2021
This bill requires the Food and Drug Administration (FDA) to develop labeling criteria and standards for Reef Safe and Ocean Safe designations on nonprescription sunscreen. The FDA must also review (and revise if necessary) the criteria and standards for such designations at least once every 10 years.
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To require the Commissioner of Food and Drugs to develop standards for
``Reef Safe'' and ``Ocean Safe'' labels for sunscreen.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reef Safe Act of 2021''.
SEC. 2. LABELING CRITERIA FOR ``REEF SAFE'' AND ``OCEAN SAFE''
SUNSCREEN.
(a) In General.--As soon as practicable, but not later than 2 years
after the date of enactment of this Act, the Secretary, acting through
the Commissioner, shall develop labeling criteria for ``Reef Safe'' and
``Ocean Safe'' designations for nonprescription sunscreen, in
consultation with the Administrator of the Environmental Protection
Agency and the Administrator of the National Oceanic and Atmospheric
Administration.
(b) Reef Safe Label.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, acting through the
Commissioner, shall develop standards for use of the term
``Reef Safe'' on the labeling of nonprescription sunscreen,
which shall conform with the requirements of section 502 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352).
(2) Criteria and consultation.--In developing the standards
described in paragraph (1), the Secretary shall--
(A) consider the impacts of active sunscreen
ingredients on the mortality of, and developmental or
reproductive disruptions to, ecologically- or
economically-valuable marine species, including fish,
fish larvae, sea urchins, coral, crustaceans, sea
grasses, and macroalgae;
(B) consult with appropriate heads of Federal
agencies, including the Administrator of the
Environmental Protection Agency and the Administrator
of the National Oceanic and Atmospheric Administration,
with respect to studies on the impacts of active
sunscreen ingredients on living components of coral
reef ecosystems; and
(C) consider the findings of the National Academies
of Sciences, Engineering, and Medicine report titled
``Environmental Impact of Currently Marketed Sunscreens
and Potential Human Impacts of Changes in Sunscreen
Usage''.
(c) Ocean Safe Label.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, acting through the
Commissioner, shall develop standards for use of the term
``Ocean Safe'' on the labeling of nonprescription sunscreen,
which shall conform with the requirements of section 502 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352).
(2) Criteria and consultation.--In developing the standards
described in paragraph (1), the Secretary shall--
(A) consider the impacts of active sunscreen
ingredients on the mortality of, and developmental or
reproductive disruptions to, ecologically- or
economically-valuable marine species, including fish,
fish larvae, sea urchins, coral, crustaceans, sea
grasses, and macroalgae, and ecologically- or
economically-valuable marine and coastal ecosystems
including estuaries, wetlands, tidal marshes,
mangroves, kelp forests, seagrass meadows, lagoons,
salt marshes, and intertidal zones;
(B) consult with appropriate heads of Federal
agencies, including the Administrator of the
Environmental Protection Agency and the Administrator
of the National Oceanic and Atmospheric Administration,
with respect to studies on the impacts of active
sunscreen ingredients on living components of marine
and coastal ecosystems; and
(C) consider the findings of the National Academies
of Sciences, Engineering, and Medicine report, titled
``Environmental Impacts of Currently Marketed
Sunscreens and Potential Human Impact of Changes in
Sunscreen Usage''.
(d) Review and Revision.--Not less frequently than once every 10
years, the Secretary, acting through the Commissioner and in
consultation with the Administrator of the Environmental Protection
Agency and the Administrator of the National Oceanic and Atmospheric
Administration, and taking into consideration scientific studies of the
Food and Drug Administration, the Environmental Protection Agency, and
the National Oceanic and Atmospheric Administration, shall--
(1) review the labeling standards in effect under
subsections (b)(1) and (c)(1);
(2) if appropriate, revise the criteria under subsections
(b)(2) and (c)(2); and
(3) in accordance with such criteria, as revised under
paragraph (2) as applicable, update the labeling standards
under subsections (b)(1) and (c)(1).
(e) Non-Preemption.--Nothing in this section shall be construed to
prevent a State from establishing, enforcing, or maintaining a
requirement with respect to labeling criteria for a ``Reef Safe'' or
``Ocean Safe'' designation for nonprescription sunscreen, provided that
any such State law is at least as restrictive as the requirements
established under this section.
(f) Rule of Construction.--Nothing in this Act shall be construed
as prohibiting or limiting the sale of any sunscreen product.
(g) Definitions.--In this section--
(1) the terms ``active sunscreen ingredient'',
``nonprescription'', and ``sunscreen'' have the meanings given
such terms in section 586 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360fff);
(2) the terms ``coral'' and ``coral reef ecosystem'' have
the meanings given such terms in section 210 of the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6409);
(3) the term ``Commissioner'' means the Commissioner of
Food and Drugs; and
(4) the term ``Secretary'', unless specified otherwise,
means the Secretary of Health and Human Services.
<all>
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Reef Safe Act of 2021
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A bill to require the Commissioner of Food and Drugs to develop standards for "Reef Safe" and "Ocean Safe" labels for sunscreen.
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Reef Safe Act of 2021
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Sen. Merkley, Jeff
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D
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OR
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11,374
| 6,317
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H.R.2595
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Transportation and Public Works
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Rural Opportunities to Use Transportation for Economic Success Act or the ROUTES Act
This bill provides statutory authority for the Rural Opportunities to Use Transportation for Economic Success (ROUTES) Initiative at the Department of Transportation (DOT).
The purpose of the initiative is to (1) improve analysis of rural projects applying for DOT discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the American people and economy are appropriately considered; and (2) provide rural communities with technical assistance for meeting transportation infrastructure investment needs in a financially sustainable manner.
To carry out the mission of the initiative, DOT must establish the ROUTES Council.
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To establish a Rural Opportunities to Use Transportation for Economic
Success Initiative, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Opportunities to Use
Transportation for Economic Success Act'' or the ``ROUTES Act''.
SEC. 2. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC SUCCESS
INITIATIVE.
(a) In General.--The Secretary of Transportation shall establish
the Rural Opportunities to Use Transportation for Economic Success
Initiative (hereinafter referred to as the ``ROUTES Office''), to--
(1) improve analysis of rural projects applying for
Department of Transportation discretionary grants, including
ensuring that project costs, local resources, and the larger
benefits to the American people and the economy are
appropriately considered; and
(2) provide rural communities with technical assistance for
meeting the Nation's transportation infrastructure investment
need in a financially sustainable manner.
(b) Objectives.--The ROUTES Office shall--
(1) collect input from knowledgeable entities and the
public on the benefits of rural transportation projects, the
technical and financial assistance required for constructing
and operating rural transportation infrastructure and services,
and barriers and opportunities to funding such rural
transportation projects;
(2) evaluate data on rural transportation challenges and
determining methods to align the Department of Transportation's
discretionary funding and financing opportunities with the
needs of rural communities for meeting National transportation
goals; and
(3) educate rural communities about applicable Department
of Transportation discretionary grants, developing effective
methods to evaluate rural projects in discretionary grant
programs, and communicating those methods through program
guidance.
(c) ROUTES Council.--
(1) In general.--The Secretary shall establish the ROUTES
Council (hereinafter referred to as the ``Council'') to--
(A) organize, guide, and lead the ROUTES Office;
and
(B) coordinate rural-related funding programs and
assistance among the modal administrations.
(2) Membership.--
(A) In general.--The Council shall be composed of
the following officers of the Department of
Transportation, or their designees:
(i) The Under Secretary of Transportation
for Policy.
(ii) The General Counsel.
(iii) The Chief Financial Officer and
Assistant Secretary for Budget and Programs.
(iv) The Assistant Secretary for Research
and Technology.
(v) The Administrators of the--
(I) Federal Aviation
Administration;
(II) Federal Highway
Administration;
(III) Federal Railroad
Administration; and
(IV) Federal Transit
Administration.
(vi) The Chief Infrastructure Funding
Officer.
(vii) The Assistant Secretary of Government
Affairs.
(viii) The Director of the Office of Public
Affairs.
(B) Chair.--The Under Secretary of Transportation
for Policy shall be the Chair of the Council.
(C) Additional members.--The Secretary of
Transportation or the Chair of the Council may
designate additional members to serve on the Council.
(3) Additional modal input.--To address issues related to
safety and transport of rural commodities, the Council shall
consult with the Administrators (or their designees) of the--
(A) Maritime Administration;
(B) Great Lakes St. Lawrence Seaway Development
Corporation; and
(C) National Highway Traffic Safety Administration.
(4) Duties.--Members of the Council shall--
(A) participate in all meetings and relevant
Council activities and be prepared to share information
relevant to rural transportation infrastructure
projects and issues;
(B) provide guidance and leadership on rural
transportation infrastructure issues and represent the
work of the Council and Department of Transportation on
such issues to external stakeholders; and
(C) recommend initiatives to the Chair of the
Council to consider, establish, and staff any resulting
activities or working groups.
(5) Meetings.--The Council shall meet bimonthly.
(6) Work products and deliverables.--The Council may
develop work products or deliverables to meet its goals,
including--
(A) an annual report to Congress describing Council
activities for the past year and expected activities
for the coming year;
(B) any recommendations to enhance the
effectiveness of Department of Transportation
discretionary grant programs regarding rural
infrastructure issues; and
(C) other guides and reports for relevant groups
and the public.
<all>
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ROUTES Act
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To establish a Rural Opportunities to Use Transportation for Economic Success Initiative, and for other purposes.
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ROUTES Act
Rural Opportunities to Use Transportation for Economic Success Act
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Rep. Pence, Greg
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R
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IN
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11,375
| 2,048
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S.2398
|
Transportation and Public Works
|
Sustainable Highways Innovation Act
This bill specifies that alternative fueling infrastructure, renewable energy generation facilities, electrical transmission and distribution infrastructure, and broadband infrastructure and conduits are utility facilities for purposes of accommodations within a right-of-way on a federal-aid highway. The bill also encourages states to implement certain vegetation management practices (e.g., increased mowing heights and planting pollinator-friendly habitats) along such rights-of-way.
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To amend title 23, United States Code, to accommodate certain
facilities within rights-of-way on Federal-aid highways.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sustainable Highways Innovation
Act''.
SEC. 2. ACCOMMODATION OF CERTAIN FACILITIES WITHIN ANY RIGHT-OF-WAY ON
A FEDERAL-AID HIGHWAY.
Section 109 of title 23, United States Code, is amended--
(1) in subsection (l)--
(A) by striking paragraph (2);
(B) by striking the subsection designation and all
that follows through ``In determining'' in paragraph
(1) in the matter preceding subparagraph (A) and
inserting the following:
``(l) Accommodating Utility Facilities in the Right-of-Way.--
``(1) Definitions.--In this subsection:
``(A) Right-of-way.--The term `right-of-way' means
any real property, or interest therein, acquired,
dedicated, or reserved for the construction, operation,
and maintenance of a highway.
``(B) Utility facility.--
``(i) In general.--The term `utility
facility' means any privately, publicly, or
cooperatively owned line, facility, or system
for producing, transmitting, or distributing
communications, power, electricity, light,
heat, gas, oil, crude products, water, steam,
waste, storm water not connected with highway
drainage, or any other similar commodity,
including any fire or police signal system or
street lighting system, that directly or
indirectly serves the public.
``(ii) Inclusions.--The term `utility
facility' includes--
``(I) alternative fueling
infrastructure;
``(II) a renewable energy
generation facility;
``(III) electrical transmission and
distribution infrastructure; and
``(IV) broadband infrastructure and
conduit.
``(2) Accommodation.--In determining''; and
(C) by adding at the end the following:
``(3) State approval.--A State, on behalf of the Secretary,
may approve accommodating a utility facility described in
paragraph (1)(B)(ii) within a right-of-way on a Federal-aid
highway.''; and
(2) by adding at the end the following:
``(s) Vegetation Management.--Notwithstanding any other provision
of law, States are encouraged to implement, or to enter into
partnerships to implement, vegetation management practices, such as
increased mowing heights and planting native grasses and pollinator-
friendly habitats, along a right-of-way on a Federal-aid highway, if
the implementation of those practices--
``(1) is in the public interest; and
``(2) will not impair the highway or interfere with the
free and safe flow of traffic.''.
<all>
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Sustainable Highways Innovation Act
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A bill to amend title 23, United States Code, to accommodate certain facilities within rights-of-way on Federal-aid highways.
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Sustainable Highways Innovation Act
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Sen. Ossoff, Jon
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D
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GA
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11,376
| 11,536
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H.R.1430
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Taxation
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This bill provides for the payment into the treasury of the U.S. Virgin Islands revenue from excise taxes on fuel produced in the Virgin Islands and entered into the United States.
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To amend the Internal Revenue Code of 1986 to cover into the treasury
of the Virgin Islands revenue from tax on fuel produced in the Virgin
Islands and entered into the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FUEL TAX COVERED OVER INTO VIRGIN ISLANDS TREASURY.
(a) In General.--Section 7652 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(j) Shipment of fuel from the virgin
islands to the united states.--All taxes
collected under section 4081(a) on fuel
produced in the Virgin Islands and entered into
the United States from the Virgin Islands shall
be covered into the treasury of the Virgin
Islands.''.
(b) Effective Date.--The amendment made by this section shall apply
to fuel entered into the United States after December 31, 2020.
<all>
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To amend the Internal Revenue Code of 1986 to cover into the treasury of the Virgin Islands revenue from tax on fuel produced in the Virgin Islands and entered into the United States.
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To amend the Internal Revenue Code of 1986 to cover into the treasury of the Virgin Islands revenue from tax on fuel produced in the Virgin Islands and entered into the United States.
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Official Titles - House of Representatives
Official Title as Introduced
To amend the Internal Revenue Code of 1986 to cover into the treasury of the Virgin Islands revenue from tax on fuel produced in the Virgin Islands and entered into the United States.
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Del. Plaskett, Stacey E.
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D
|
VI
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11,377
| 6,579
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H.R.5051
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Public Lands and Natural Resources
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This bill designates Little Wekiva River in Florida as a scenic river and as a component of the National Wild and Scenic Rivers System.
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To designate the Little Wekiva River as a scenic river, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LITTLE WEKIVA RIVER.
Section 3(a)(162) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(162)) is amended--
(1) in the heading, by striking ``and black water creek''
and inserting ``Black water creek, and little wekiva river'';
(2) in the matter preceding subparagraph (A), by striking
``41.6-mile'' and inserting ``45.4-mile''; and
(3) by adding at the end the following subparagraph:
``(D) Little wekiva river.--The 3.8 miles from the
confluence of the Wekiva River and Little Wekiva River
to the end of Ibis Road in Longwood, Florida, to be
administered as a scenic river.''.
<all>
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To designate the Little Wekiva River as a scenic river, and for other purposes.
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To designate the Little Wekiva River as a scenic river, and for other purposes.
|
Official Titles - House of Representatives
Official Title as Introduced
To designate the Little Wekiva River as a scenic river, and for other purposes.
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Rep. Murphy, Stephanie N.
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D
|
FL
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11,378
| 10,806
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H.R.4812
|
International Affairs
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Border Health Security Act of 2021
This bill modifies the duties and activities of the United States-Mexico Border Health Commission and the Canada-United States Pan-Border Public Health Preparedness Council and makes other changes to address health issues along the U.S. border.
Specifically, the commission must cooperate with the council where appropriate, and both the commission and the council must develop strategic plans, work plans, evaluations, and reports concerning their activities.
The Department of Health and Human Services must award grants to (1) eligible entities in border areas to address recommendations of the commission and the council to improve the health of border area residents; and (2) trauma centers, public health entities, and state, local, or tribal entities for infectious disease surveillance activities in border areas. In addition, the Office of the Assistant Secretary for Preparedness and Response may coordinate with the Department of Homeland Security in establishing a system that alerts clinicians and public health officials to emerging health threats in border areas.
The Government Accountability Office must evaluate commission and council activities every two years.
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To establish grant programs to improve the health of residents along
the United States-Mexico and United States-Canada borders and for all
hazards preparedness in the border areas, including with respect to
bioterrorism, infectious disease, and other emerging biothreats, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Health Security Act of
2021''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States-Mexico border is an interdependent
and dynamic region of approximately 15,000,000 residents and
millions of border crossings each year, with significant and
unique public health challenges.
(2) These challenges include low rates of health insurance
coverage, poor access to health care services, lack of
education or access to information, poverty-related illness,
including undernutrition, and high rates of infectious
diseases, such as tuberculosis, West Nile virus, and Zika
virus, as well as other noncommunicable diseases such as
cardiovascular disease, asthma, diabetes, and obesity.
(3) As the COVID-19 pandemic has illustrated, diseases do
not respect international boundaries, and a strong public
health effort at and along the United States, Mexico, and
Canada borders is crucial to not only protect and improve the
health of Americans but also to help secure the country against
biosecurity and other emerging threats.
(4) For over 20 years, the United States-Mexico Border
Health Commission has served as a crucial binational
institution to address these unique and truly cross-border
health issues.
(5) The COVID-19 pandemic has also highlighted the need for
continued coordination of resources, effective communication,
and information sharing between countries to address emerging
public health crises.
SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS.
The United States-Mexico Border Health Commission Act (22 U.S.C.
290n et seq.) is amended--
(1) in section 3--
(A) by striking ``It should be the duty'' and
inserting the following:
``(a) In General.--It should be the duty'';
(B) in paragraph (1), by striking ``; and'' and
inserting ``;'';
(C) in paragraph (2)(B), by striking the period and
inserting a semicolon;
(D) by adding at the end the following:
``(3) to evaluate the Commission's progress in carrying out
the duties described in paragraphs (1) and (2) and report on
such progress and make recommendations, as appropriate, to the
Secretary of Health and Human Services and Congress regarding
such duties; and
``(4) to serve as an independent and objective body to both
recommend and implement initiatives that solve border health
issues.''; and
(E) by adding at the end the following:
``(b) United States Section Members.--The members of the United
States section of the Commission, acting independently of the
Commission overall, may--
``(1) provide reports and recommendations to, and consult
with, the Secretary of Health and Human Services and Congress
on the matters described in subsection (a)(3); and
``(2) cooperate with the Canada-United States Pan Border
Public Health Preparedness Council (referred to in this Act as
the `Council'), as appropriate.'';
(2) in section 5(b), by striking ``should be the leader''
and inserting ``shall be the Chair'';
(3) by redesignating section 8 as section 12;
(4) by striking section 7 and inserting the following:
``SEC. 7. BORDER HEALTH GRANTS.
``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means a State, public institution of higher education, local
government, Indian Tribe, Tribal organization, urban Indian
organization, nonprofit health organization, trauma center, critical
access hospital or other hospital that serves rural or other vulnerable
communities and populations, faith-based entity, or community health
center receiving assistance under section 330 of the Public Health
Service Act (42 U.S.C. 254b), that is located in the United States-
Mexico border area or the United States-Canada border area.
``(b) Authorization.--From amounts appropriated under section 11,
the Secretary, in consultation with members of the Commission and
Council and in coordination with the Office of Global Affairs, shall
award grants to eligible entities to improve the health of residents of
the United States-Mexico and United States-Canada border areas with
appropriate priority given to grants that address recommendations
outlined by the strategic plan and operational work plan of the
Commission and the Council under section 9.
``(c) Application.--An eligible entity that desires a grant under
subsection (b) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(d) Use of Funds.--An eligible entity that receives a grant under
subsection (b) shall use the grant funds for any of the following:
``(1) Programs relating to any one or more of the
following:
``(A) Maternal and child health.
``(B) Primary care and preventative health.
``(C) Infectious disease testing, monitoring, and
surveillance.
``(D) Public health and public health
infrastructure.
``(E) Health promotion, health literacy, and health
education.
``(F) Oral health.
``(G) Behavioral and mental health.
``(H) Substance abuse prevention and harm
reduction.
``(I) Health conditions that have a high prevalence
in the United States-Mexico border area or United
States-Canada border area.
``(J) Medical and health services research in
border communities.
``(K) Workforce training and development.
``(L) Community health workers and promotoras.
``(M) Health care infrastructure problems in the
United States-Mexico border area or United States-
Canada border area (including planning and construction
grants).
``(N) Health disparities in the United States-
Mexico border area or United States-Canada border area.
``(O) Environmental health.
``(P) Bioterrorism and zoonosis.
``(Q) Outreach and enrollment services with respect
to Federal programs (including programs authorized
under titles XIX and XXI of the Social Security Act (42
U.S.C. 1396 et seq., 42 U.S.C. 1397aa et seq.)).
``(R) Trauma care.
``(S) Health research with an emphasis on the
prevalence of infectious diseases, such as measles, in
the border areas, as well as other pressing health
issues, such as noncommunicable diseases like diabetes
and obesity.
``(T) Epidemiology and health research.
``(U) Cross-border health surveillance coordinated
with Mexican Health Authorities or Canadian Health
Authorities.
``(V) Community-based participatory research on
border health issues.
``(W) Domestic violence and violence prevention.
``(X) Cross-border public health preparedness.
``(2) Other programs as the Secretary determines
appropriate.
``(e) Supplement, Not Supplant.--Amounts provided to an eligible
entity awarded a grant under subsection (b) shall be used to supplement
and not supplant other funds available to the eligible entity to carry
out the activities described in subsection (d).
``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE IN
THE BORDER AREA.
``(a) Eligible Entity Defined.--In this section, the term `eligible
entity' means a State, local government, Indian Tribe, Tribal
organization, urban Indian organization, trauma center, regional trauma
center coordinating entity, or public health entity.
``(b) Authorization.--From funds appropriated under section 11, the
Secretary shall award grants for Early Warning Infectious Disease
Surveillance to eligible entities for infectious disease surveillance
activities in the United States-Mexico border area or United States-
Canada border area.
``(c) Application.--An eligible entity that desires a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
``(d) Uses of Funds.--An eligible entity that receives a grant
under subsection (b) shall use the grant funds, in coordination with
State and local all hazards programs, to--
``(1) develop and implement infectious disease surveillance
plans and networks and public health emergency and readiness
assessments and preparedness plans, and purchase items
necessary for such plans;
``(2) coordinate infectious disease surveillance planning
and interjurisdictional risk assessments in the region with
appropriate United States-based agencies and organizations and
appropriate authorities in Mexico or Canada;
``(3) improve infrastructure, including surge capacity,
syndromic surveillance, and isolation and decontamination
capacity, and policy preparedness, including for mutual
assistance and for the sharing of information and resources;
``(4) improve laboratory capacity, in order to maintain and
enhance capability and capacity to detect potential infectious
disease, whether naturally occurring or the result of
terrorism;
``(5) create and maintain a health alert network, including
risk communication and information dissemination that is
culturally competent and takes into account the needs of at-
risk populations;
``(6) educate and train clinicians, epidemiologists,
laboratories, and emergency management personnel;
``(7) implement electronic data and infrastructure
inventory systems to coordinate the triage, transportation, and
treatment of multicasualty incident victims;
``(8) provide infectious disease testing in the United
States-Mexico border area or United States-Canada border area;
and
``(9) carry out such other activities identified by the
Secretary, members of the Commission, members of the Council,
State or local public health authorities, representatives of
border health offices, or authorities at the United States-
Mexico or United States-Canada borders.
``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS.
``(a) Strategic Plan.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, and every 5 years thereafter, the
Commission (including the participation of members representing
both the United States and Mexican sections) and the Council
(including the participation of members representing both the
United States and Canada) shall each prepare a binational
strategic plan to guide the operations of the Commission and
the Council and submit such plan to the Secretary and Congress.
``(2) Requirements.--The binational strategic plan under
paragraph (1) shall include--
``(A) health-related priority areas identified by
the full membership of the Commission or Council, as
applicable;
``(B) recommendations for goals, objectives,
strategies, and actions designed to address such
priority areas; and
``(C) a proposed evaluation framework with output
and outcome indicators appropriate to gauge progress
toward meeting the objectives and priorities of the
Commission or Council, as applicable.
``(b) Work Plan.--Not later than January 1, 2024, and every 2 years
thereafter, the Commission and the Council shall develop and approve an
operational work plan and budget based on the strategic plan under
subsection (a).
``(c) GAO Review.--Not later than January 1, 2025, and every 2
years thereafter, the Comptroller General of the United States shall
conduct an evaluation of the activities conducted by the Commission and
the Council based on the operational work plans described in subsection
(b) for the previous year and the output and outcome indicators
included in the strategic plan described in subsection (a). The
evaluation shall include a request for written evaluations from members
of the Commission and the Council about barriers and facilitators to
executing successfully the work plans of the Commission and the
Council.
``(d) Biannual Reporting.--
``(1) By commission and council.--The Commission and
Council shall each issue a biannual report to the Secretary
that--
``(A) provides independent policy recommendations
related to border health issues; and
``(B) details the expenditures of the Commission
and Council over the reporting period.
``(2) By secretary.--Not later than 3 months following
receipt of each such biannual report, the Secretary shall
provide to Congress the report and any studies or other
materials produced independently by the Commission and Council.
``(e) Audits.--The Secretary shall annually prepare an audited
financial report to account for all appropriated assets expended by the
Commission and Council to address both the strategic and operational
work plans for the year involved.
``(f) By-Laws.--Not later than 6 months after the date of enactment
of this section, the Commission and Council shall develop and approve
bylaws to provide fully for compliance with the requirements of this
section.
``(g) Transmittal to Congress.--The Commission and Council shall
submit copies of the operational work plan and by-laws to Congress. The
Comptroller General of the United States shall submit a copy of each
evaluation completed under subsection (c) to Congress.
``SEC. 10. COORDINATION.
``(a) In General.--To the extent practicable and appropriate,
plans, systems, and activities to be funded (or supported) under this
Act for all hazard preparedness, and general border health, including
with respect to infectious disease, shall be coordinated with Federal,
State, and local authorities in Mexico, Canada, and the United States.
``(b) Coordination of Health Services and Surveillance.--
``(c) In General.--The Secretary, acting through the Assistant
Secretary for Preparedness and Response, when appropriate, may
coordinate with the Secretary of Homeland Security in establishing a
health alert system that--
``(1) alerts clinicians and public health officials of
emerging disease clusters and syndromes along the United
States-Mexico border area and United States-Canada border area;
``(2) warns of health threats, extreme weather conditions,
disasters of mass scale, bioterrorism, and other emerging
threats along the United States-Mexico border area and United
States-Canada border area; and
``(3) is coordinated with other systems and agencies to
avoid duplication.
``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this Act
$20,000,000 for fiscal year 2022 and each succeeding year, of which for
each such fiscal year--
``(1) $14,000,000 shall be made available to fund
operationally feasible functions, activities, and grants with
respect to the United States-Mexico border and the border
health activities under cooperative agreements with the border
health offices of the States of California, Arizona, New
Mexico, and Texas; and
``(2) $6,000,000 shall be made available for the
administration of United States activities under this Act on
the United States-Canada border and the border health
authorities, acting through the Canada-United States Pan-Border
Public Health Preparedness Council.''; and
(5) in section 12 (as so redesignated)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (6), respectively;
(B) by inserting after paragraph (2), the
following:
``(3) Indians; indian tribe; tribal organization; urban
indian organization.--The terms `Indian', `Indian Tribe',
`Tribal organization', and `urban Indian organization' have the
meanings given such terms in section 4 of the Indian Health
Care Improvement Act (25 U.S.C. 1603).''; and
(C) by inserting after paragraph (4), as so
redesignated, the following:
``(5) United states-canada border area.--The term `United
States-Canada border area' means the area located in the United
States and Canada within 100 kilometers of the border between
the United States and Canada.''.
<all>
|
Border Health Security Act of 2021
|
To establish grant programs to improve the health of residents along the United States-Mexico and United States-Canada borders and for all hazards preparedness in the border areas, including with respect to bioterrorism, infectious disease, and other emerging biothreats, and for other purposes.
|
Border Health Security Act of 2021
|
Rep. Escobar, Veronica
|
D
|
TX
|
11,379
| 6,143
|
H.R.4115
|
Finance and Financial Sector
|
Restoring Unfairly Impaired Credit and Protecting Consumers Act
This bill revises requirements regarding consumer credit information included by a consumer reporting agency on a credit report, including by
The bill also requires a consumer reporting agency to provide free credit monitoring and identity theft protection services to certain consumers, including victims of fraud, active duty military, and those 65 years of age and older.
|
To amend the Fair Credit Reporting act to restore the impaired credit
of victims of predatory activities and unfair consumer reporting
practices, to expand access to tools to protect vulnerable consumers
from identity theft, fraud, or a related crime, and protect victims
from further harm, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Restoring Unfairly
Impaired Credit and Protecting Consumers Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Effective date.
Sec. 4. General Bureau rulemaking.
TITLE I--RESTORING THE IMPAIRED CREDIT OF VICTIMS OF PREDATORY
ACTIVITIES AND UNFAIR CONSUMER REPORTING PRACTICES
Sec. 101. Shortens the time period that most adverse credit information
stays on consumer reports.
Sec. 102. Mandates the expedited removal of fully paid or settled debt
from consumer reports.
Sec. 103. Imposes restrictions on the appearance of medical collections
on consumer reports and requires the
expedited removal of fully paid or settled
medical collections from consumer reports.
Sec. 104. Provides credit restoration for victims of predatory mortgage
lending and servicing.
Sec. 105. Provides credit relief for private education loans borrowers
who were defrauded or mislead by
proprietary education institution or career
education programs.
Sec. 106. Establishes right for victims of financial abuse to have
adverse information associated with an
abuser's fraudulent activity removed from
their consumer reports.
Sec. 107. Prohibits treatment of credit restoration or rehabilitation
as adverse information.
TITLE II--EXPANDING ACCESS TO TOOLS TO PROTECT VULNERABLE CONSUMERS
FROM IDENTITY THEFT, FRAUD, OR A RELATED CRIME, AND PROTECT VICTIMS
FROM FURTHER HARM
Sec. 201. Identity theft report definition.
Sec. 202. Amendment to protection for files and credit records of
protected consumers.
Sec. 203. Enhances fraud alert protections.
Sec. 204. Amendment to security freezes for consumer reports.
Sec. 205. Clarification of information to be included with agency
disclosures.
Sec. 206. Provides access to fraud records for victims.
Sec. 207. Required Bureau to set procedures for reporting identity
theft, fraud, and other related crime.
Sec. 208. Establishes the right to free credit monitoring and identity
theft protection services for certain
consumers.
Sec. 209. Ensures removal of inquiries resulting from identity theft,
fraud, or other related crime from consumer
reports.
TITLE III--MISCELLANEOUS
Sec. 301. Definitions.
Sec. 302. Technical correction related to risk-based pricing notices.
Sec. 303. FCRA findings and purpose; voids certain contracts not in the
public interest.
SEC. 2. FINDINGS.
Congress finds the following:
(1) General findings.--
(A) Consumer reporting agencies (``CRAs'') are
companies that collect, compile, and provide
information about consumers in the form of consumer
reports for certain permissible statutory purposes
under the Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) (``FCRA''). The three largest CRAs in this
country are Equifax, TransUnion, and Experian. These
CRAs are referred to as nationwide CRAs and the reports
that they prepare are commonly referred to as credit
reports. Furnishers, such as creditors, lenders, and
debt collection agencies, voluntarily submit
information to CRAs about their accounts such as the
total amount for each loan or credit limit for each
credit card and the consumer's payment history on these
products. Reports also include identifying information
about a consumer, such as their birthdate, previous
mailing addresses, and current and previous employers.
(B) In a December 2012 paper, ``Key Dimensions and
Processes in the U.S. Credit Reporting System: A review
for how the nation's largest credit bureaus manage
consumer data'', the Bureau of Consumer Financial
Protection (``Consumer Bureau'') noted that the three
nationwide CRAs maintain credit files on approximately
200 million adults and receive information from about
10,000 furnishers. On a monthly basis, these furnishers
provide information on over 1.3 billion consumer credit
accounts or other trade lines.
(C) The 10 largest institutions furnishing credit
information to each of the nationwide CRAs account for
more than half of all accounts reflected in consumers'
credit files.
(D) Consumer reports play an increasingly important
role in the lives of American consumers. Most
creditors, for example, review these reports to make
decisions about whether to extend credit to consumers
and what terms and conditions to offer them. As such,
information contained in these reports affects whether
a person is able to get a private education loan to pay
for college costs, to secure a mortgage loan to buy a
home, or to obtain a credit card, as well as the terms
and conditions under which consumer credit products or
services are offered to them.
(E) Credit reports are also increasingly used for
many noncredit decisions, including by landlords to
determine whether to rent an apartment to a prospective
tenant and by employers to decide whether to hire
potential job applicants or to offer a promotion to
existing employees.
(F) CRAs have a statutory obligation to verify
independently the accuracy and completeness of
information included on the reports that they provide.
(G) The nationwide CRAs have failed to establish
and follow reasonable procedures, as required by
existing law, to establish the maximum level of
accuracy of information contained on consumer reports.
Given the repeated failures of these CRAs to comply
with accuracy requirements on their own, legislation is
intended to provide them with detailed guidance
improving the accuracy and completeness of information
contained in consumer reports, including procedures,
policies, and practices that these CRAs should already
be following to ensure full compliance with their
existing obligations.
(H) The presence of inaccurate or incomplete
information on these reports can result in substantial
financial and emotional harm to consumers. Credit
reporting errors can lead to the loss of a new
employment opportunity or a denial of a promotion in an
existing job, stop someone from being able to access
credit on favorable terms, prevent a person from
obtaining rental housing, or even trigger mental
distress.
(I) Current industry practices impose an unfair
burden of proof on consumers trying to fix errors on
their reports.
(J) Consumer reports containing inaccurate or
incomplete credit information also undermine the
ability of creditors and lenders to effectively and
accurately underwrite and price credit.
(K) Recognizing that credit reporting affects the
lives of almost all consumers in this country and that
the consequences of errors on a consumer report can be
catastrophic for a consumer, the Consumer Bureau began
accepting consumer complaints about credit reporting in
October 2012.
(L) As of February 2017, the Consumer Bureau has
handled approximately 185,717 credit reporting
complaints, making credit reporting consistently the
third most-complained-about subject matter on which the
Consumer Bureau accepts consumer complaints.
(M) In the ``Monthly Complaint Report Volume 20'',
released in February 2017, the Consumer Bureau noted
that 76 percent of credit reporting complaints involved
incorrect information on reports, with consumers
frequently expressing their frustrations about the
burdensome and time-consuming process to disputing
items.
(N) Other common types of credit reporting
complaints submitted to the Consumer Bureau related to
the improper use of a report, trouble obtaining a
report or credit score, CRAs' investigations, and
credit monitoring or identity protection.
(O) In the summer 2015 ``Supervisory Highlights'',
the Consumer Bureau noted that one or more of the
largest CRAs failed to adequately oversee furnishers to
ensure that they were adhering to the CRA's vetting
policies and to establish proper procedures to verify
public record information.
(P) According to the fall 2016 ``Supervisory
Highlights'', Consumer Bureau examiners determined that
one or more debt collectors never investigated indirect
disputes that lacked detail or were not accompanied by
attachments with relevant information from the
consumer. Examiners also found that notifications sent
to consumers about disputes considered frivolous failed
to identify for the consumers the type of material that
they could provide in order for the debt collector to
complete the investigation of the disputed item.
(Q) A February 2014 Consumer Bureau report titled
``Credit Reporting Complaint Snapshot'' found that
consumers are confused about the extent to which the
nationwide CRAs are required to provide them with
validation and documentation of a debt that appears on
their credit report.
(R) As evidence that the current system lacks
sufficient market incentives for CRAs to develop more
robust procedures to increase the accuracy and
completeness of information on credit reports,
litigation discovery documented by the National
Consumer Law Center (``NCLC''), as part of a January
2009 report titled, ``Automated Injustice: How a
Mechanized Dispute System Frustrates Consumers Seeking
to Fix Errors in Their Credit Reports'', showed that at
least two of the three largest CRAs use quota systems
to force employees to process disputes hastily and
without the opportunity for conducting meaningful
investigations. At least one nationwide CRA only
allowed dispute resolution staff five minutes to handle
a consumer's call. Furthermore, these CRAs were found
to have awarded bonuses for meeting quotas and punished
those who didn't meet production numbers with
probation.
(S) Unlike most other business relationships, where
consumers can register their satisfaction or
unhappiness with a particular credit product or service
simply by taking their business elsewhere, consumers
have no say in whether their information is included in
the CRAs databases and limited legal remedies to hold
the CRAs accountable for inaccuracies or poor service.
(T) Accordingly, despite the existing statutory
mandate for CRAs to follow reasonable procedures to
assure the maximum possible accuracy of the information
whenever they prepare consumer reports, numerous
studies, the high volume of consumer complaints
submitted to the Consumer Bureau about incorrect
information on consumer reports, and supervisory
activities by the Consumer Bureau demonstrate that CRAs
continue to skirt their obligations under the law.
(2) Private education loans.--
(A) The Consumer Bureau's October 2014 report
titled ``Annual Report of the CFPB Student Loan
Ombudsman'' noted many private education loan
borrowers, who sought to negotiate a modified repayment
plan when they were experiencing a period of financial
distress, were unable to get assistance from their loan
holders, which often resulting in them defaulting on
their loans. This pattern resembles the difficulty that
a significant number of mortgage loan borrowers
experienced when they sought to take responsible steps
to work with their mortgage loan servicer to avoid
foreclosure during the Great Recession.
(B) Although private student loan holders may allow
a borrower to postpone payments while enrolled in
school full-time, many limit this option to a certain
time period, usually 48 to 66 months. This limited time
period may not be sufficient for those who need
additional time to obtain their degree or who want to
continue their education by pursing a graduate or
professional degree. The Consumer Bureau found that
borrowers who were unable to make payments often
defaulted or had their accounts sent to collections
before they were even able to graduate.
(3) Deceptive practices at certain proprietary education
institutions and career education programs.--
(A) NCLC cited the proliferation of law enforcement
actions against many for-profit schools in its June
2014 report, titled ``Ensuring Educational Integrity:
10 Steps to Improve State Oversight of For-profit
Schools'', to demonstrate the pervasive problem in this
sector of targeting low-income students with deceptive
high-pressure sales techniques involving inflated job
placement rates and misleading data on graduate wages,
and false representations about the transferability of
credits and the employability of graduates in
occupations that require licensure. Student loan
borrowers at these schools may be left with nothing but
worthless credentials and large debt. Those who default
on their student loans face years with damaged credit
that will adversely impact their ability to rent or buy
homes, purchase cars, and find employment.
(B) The closure and bankruptcy of Corinthian
Colleges, which was found to have deceived students by
steering them into high-interest student loans based on
misleading graduation rates and employment data, is a
good example of the problem. Even after its closure,
many Corinthian students remained saddled with student
loan debt, worthless degrees, and few prospects for
employment.
(C) Attending a two-year, for-profit college costs,
on average, four times as much as attending a community
college. Students at for-profit colleges represent only
about 11 percent of the total higher education
population but a startling 44 percent of all Federal
student loan defaults, according to the United States
Department of Education (``DOE'').
(D) According to NCLC, a disproportionate number of
for-profit students are low-income and people of color.
These schools target veterans, working parents, first-
generation students, and non-English speaking students,
who may be more likely than their public or private
nonprofit school counterparts to drop out, incur
enormous student debt, and default on this debt. In the
2011-2012 school year, 28 percent of African Americans
and 15 percent of Latinos attending four-year
institutions were enrolled in a for-profit school,
compared to 10 percent of Whites.
(E) As highlighted in a press release titled
``Obama Administration Announces Final Rules to Protect
Students from Poor-Performing Career College
Programs'', that was issued by the DOE on October 30,
2014, ``[t]oo often, students at career colleges--
including thousands of veterans--are charged excessive
costs, but don't get the education they paid for.
Instead, students in such programs are provided with
poor quality training, often for low-wage jobs or in
occupations where there are simply no job
opportunities. They find themselves with large amounts
of debt and, too often, end up in default. In many
cases, students are drawn into these programs with
confusing or misleading information.''.
(4) Medical debt.--
(A) Research by the Consumer Bureau has found that
the inclusion of medical collections on consumer
reports has unfairly reduced consumers' credit scores.
(B) The Consumer Bureau's review of 5 million
anonymized credit files from September 2011 to
September 2013, for example, found that credit scores
may underestimate a person's creditworthiness by up to
10 points for those who owe medical debt, and may
underestimate a person's creditworthiness by up to 22
points after the medical debt has been paid. For
consumers with lower credit scores, especially those on
the brink of what is considered subprime, a 10 to 22
point decrease in their credit scores can have a
significant impact on their lives, including by
affecting whether they are able to qualify for credit
and, if so, the terms and conditions under which it is
extended to them.
(C) The Consumer Bureau found that half of all
collections trade lines that appear on consumer reports
are related to medical bills claimed to be owed to
hospitals and other medical providers. These trade
lines affect the reports of nearly 1/5 of all consumers
in the credit reporting system.
(D) The Consumer Bureau has found that there are no
objective or enforceable standards that determine when
a debt can or should be reported as a collection trade
line. Because debt buyers and collectors determine
whether, when, and for how long to report a collection
account, there is only a limited relationship between
the time period reported, the severity of a
delinquency, and when or whether a collection trade
line appears on a consumer's credit report.
(E) Medical bills can be complex and confusing for
many consumers, which results in consumers' uncertainty
about what they owe, to whom, when, or for what, that
may cause some people, who ordinarily pay their bills
on time, to delay or withhold payments on their medical
debts. This uncertainty can also result in medical
collections appearing on consumer reports. In a
December 2014 report titled ``Consumer Credit Reports:
A Study of Medical and Non-Medical Collections'', the
Consumer Bureau found that a large portion of consumers
with medical collections show no other evidence of
financial distress and are consumers who ordinarily pay
their other financial obligations on time. Unlike with
most credit products or services, such as credit cards,
installment loans, utilities, or wireless or cable
services that have contractual account disclosures
describing the terms and conditions of use, most
consumers are not told what their out-of-pocket medical
costs will be in advance. Consumers needing urgent or
emergency care rarely know, or are provided, the cost
of a medical treatment or procedure before the service
is rendered.
(F) The Consumer Bureau concluded that the presence
of medical collections is less predictive of future
defaults or serious delinquencies than the presence of
a nonmedical collection in a study titled ``Data Point:
Medical Debt and Credit Scores'', issued in May 2014.
(G) FICO's latest credit scoring model, ``FICO 9'',
changes the treatment of paid collections to disregard
any collection matters that the consumer has paid in
full. FICO 9, however, is not yet widely used by
lenders.
(H) VantageScore's latest credit scoring model,
``VantageScore 4.0'', will be available in the fall of
2017. This model will penalize medical collections less
than non-medical ones.
(I) The three nationwide CRAs entered into a
settlement agreement with the New York State attorney
general in 2015 to address deficiencies in their
dispute resolution process and enhance the accuracy of
items on reports. These policy changes will be
implemented in a three-phrased rollout, culminating by
June 2018. Subsequently, these CRAs entered into a
cooperative agreement with 31 State Attorneys General,
which was the basis of the creation of the National
Consumer Assistance Plan (``NCAP'') to change some of
their business practices.
(J) While the CRAs appear to be voluntarily
adopting policy changes on a nationwide basis, they are
not obligated to do so for consumers who reside in
States that are not party to any of the consent orders.
(K) As a result of the settlement agreements, the
three nationwide CRAs will set a 180-day waiting period
before including medical collections on a report and
will remove a medical collection from a report once it
is paid by an insurance company. While this change will
benefit many, once a medical collection appears on a
report, it will only be deleted or suppressed if it is
found to have been the insurance company's obligation
to pay and the insurer pays it. Given the research
showing there is little predictive value in medical
debt information, medical collections that are paid or
settled should quickly be removed from a report,
regardless of who pays or settles this debt.
(5) Financial abuse by known persons.--
(A) Financial abuse and exploitation are frequently
associated with domestic violence. This type of abuse
may result in fraudulent charges to a credit card or
having fraudulent accounts created by the abuser in the
survivor's name. Financial abuse may also result in the
survivor's inability to make timely payments on their
valid obligations due to loss or changes in income that
can occur when their abuser steals from or coerces the
survivor to relinquish their paychecks or savings.
(B) By racking up substantial debts in the
survivor's name, abusers are able to exercise financial
control over their survivors to make it economically
difficult for the survivor, whose credit is often
destroyed, to escape the situation.
(C) Domestic abuse survivors with poor credit are
likely to face significant obstacles in establishing
financial independence from their abusers. This can be
due, in part, because consumer reports may be used when
a person attempts to obtain a checking account,
housing, insurance, utilities, employment, and even a
security clearance as required for certain jobs.
(D) Providing documentation of identity (``ID'')
theft in order to dispute information on one's consumer
report can be particularly challenging for those who
know their financial abuser.
(E) While it is easier for consumers who obtain a
police report to remove fraudulent information from
their consumer report and prevent it from reappearing
in the future, according to the Empire Justice Center,
safety and other noncredit concerns may impact the
capacity of a survivor of financial abuse committed by
a known person to turn to law enforcement to get a
police report.
(F) According to the Legal Aid Society in New York,
domestic abuse survivors, seeking to remove adverse
information stemming from financial abuse by contacting
their furnishers directly, are likely to face
skepticism about claims of ID theft perpetrated by a
partner because of an assumption that they are aware
of, and may have been complicit in, the activity which
the survivor alleges stems from financial abuse.
(6) Deceptive and misleading marketing practices.--
(A) The Consumer Bureau's February 2015 report
titled ``Consumer Voices on Credit Reports and Scores''
found that some consumers did not obtain a copy of
their consumer report due to concerns about security or
of being trapped into purchasing unwanted products like
an additional report or a credit monitoring service.
(B) In January 2017, the Consumer Bureau fined
TransUnion and Equifax for deceptively marketing credit
scores for purchase by consumers as the same credit
scores typically used by lenders to determine
creditworthiness and for luring consumers into costly
subscription services that were advertised as ``free''
or ``$1'' that automatically charged recurring fees
unless cancelled by consumers. The Consumer Bureau also
found that Equifax was illegally advertising its
products on webpages that consumers accessed through
AnnualCreditReport.com before consumers obtained their
free disclosures. Because of these troubling practices,
TransUnion was ordered to pay $13.9 million in
restitution to harmed consumers and a civil penalty of
$3 million to the Consumer Bureau. Equifax was ordered
to pay more than $3.7 million to affected consumers as
well as a civil money penalty of $2.5 million to the
Consumer Bureau. As part of the consent orders, the
CRAs are also supposed to change the way that they sell
their products to consumers. The CRAs must also obtain
consumers' express consent before enrolling them into
subscription services as well as make it easer for
consumers to cancel these programs.
(C) The Consumer Bureau fined the other nationwide
CRA--Experian--in March 2017 for deceiving consumers
about the use of credit scores that it marketed and
sold to consumers as credit scores that were used by
lenders and for illegally advertising its products on
web pages that consumers accessed through
AnnualCreditReport.com before they obtained their free
annual disclosures. Experian was ordered to pay more
than $3.7 million in restitution to harmed consumers
and a civil monetary penalty of $2.5 million to the
Consumer Bureau.
(D) The Consumer Bureau's January and March 2017
consent orders with the three nationwide CRAs show that
these CRAs have enticed consumers into purchasing
products and services that they may not want or need,
in some instances by advertising products or services
``free'' that automatically converted into an ongoing
subscription service at the regular price unless
cancelled by the consumer. Although these CRAs must now
change their deceptive marketing practices, codifying
these duties is an appropriate way to ensure that these
companies never revert back to such misleading tactics.
(E) Given the ubiquitous use of consumer reports in
consumers' lives and the fact that consumers'
participation in the credit reporting system is
involuntary, CRAs should also prioritize providing
consumers with the effective means to safeguard their
personal and financial information and improve their
credit standing, rather than seeking to exploit
consumers' concerns and confusion about credit
reporting and scoring, to boost their companies'
profits.
(F) Vulnerable consumers, who have legitimate
concerns about the security of their personal and
financial information, deserve clear, accurate, and
transparent information about the credit reporting
tools that may be available to them, such as fraud
alerts and freezes.
(7) Protections for consumers' credit information.--
(A) Despite heightened awareness, incidents of ID
theft continue to rise. In February 2015, the FTC
reported that ID theft was the top consumer complaint
that it received for the 15th consecutive year. As
these incidents increase, consumers experience
significant financial loss and emotional distress from
the inability to safeguard effectively and
inexpensively their credit information from bad actors.
(B) According to a Carnegie Mellon study, children
are 50 times more likely than adults to have their
identities stolen. Child identities are valuable to
thieves because most children do not have existing
files, and their parents may not notice fraudulent
activity until their child applies for a student loan,
a job, or a credit card. As a result, the fraudulent
activity of the bad actors may go undetected for years.
(C) Despite the increasing incidents of children's
ID theft, parents who want to proactively prevent their
children from having their identity stolen, may not be
able to do so. Only one of the three nationwide CRAs
currently allows parents from any State to set up a
freeze for a minor child. At the other two nationwide
CRAs, parents can only obtain a freeze after a child
has become an ID theft victim because, it is only at
this point, that these CRAs have an existing credit
file for the child. While many States have enacted laws
to address this problem, there is no existing Federal
law.
(D) According to Javelin Strategy & Research's 2015
Identity Fraud study, $16 billion was stolen by
fraudsters from 12.7 million American consumers in
2014. Similarly, the United States Department of
Justice found an estimated 7 percent of all residents
age 16 or older (about 17.6 million persons) in this
country were victims of one or more incidents of ID
theft in 2014, and the number of elderly victims age 65
or older (about 86 percent) increased from 2.1 million
in 2012 to 2.6 million in 2014.
(E) Consumers frequently express concern about the
security of their financial information. According to a
2015 MasterCard survey, a majority of consumers (77
percent) have anxiety about the possibility that their
financial information and Social Security numbers may
be stolen or compromised, with about 55 percent of
consumers indicating that they would rather have naked
pictures of themselves leaked online than have their
financial information stolen.
(F) That survey also revealed that consumers' fears
about the online security of their financial
information even outweighed consumers' worries about
other physical security dangers such as having their
houses robbed (59 percent) or being pickpocketed (46
percent).
(G) According to Consumer Reports, roughly 50
million American consumers spent about $3.5 billion in
2010 to purchase products aimed at protecting their
identity, with the annual cost of these services
ranging from $120 to $300. As risks to consumers'
personal and financial information continue to grow,
consumers need additional protections to ensure that
they have fair and reasonable access to the full suite
of ID theft and fraud prevention measures that may be
right for them.
SEC. 3. EFFECTIVE DATE.
Except as otherwise specified, the amendments made by this Act
shall take effect 2 years after the date of the enactment of this Act.
SEC. 4. GENERAL BUREAU RULEMAKING.
Except as otherwise provided, not later than the end of the 2-year
period beginning on the date of the enactment of this Act, the Bureau
of Consumer Financial Protection shall issue final rules to implement
the amendments made by this Act.
TITLE I--RESTORING THE IMPAIRED CREDIT OF VICTIMS OF PREDATORY
ACTIVITIES AND UNFAIR CONSUMER REPORTING PRACTICES
SEC. 101. SHORTENS THE TIME PERIOD THAT MOST ADVERSE CREDIT INFORMATION
STAYS ON CONSUMER REPORTS.
(a) In General.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended--
(1) in subsection (a)--
(A) by striking ``Except as authorized under
subsection (b), no'' and inserting ``No'';
(B) in paragraph (1), by striking ``10 years'' and
inserting ``7 years'';
(C) in paragraph (2), by striking ``Civil suits,
civil judgments, and records'' and inserting
``Records'';
(D) in paragraph (3), by striking ``seven years''
and inserting ``4 years'';
(E) in paragraph (4), by striking ``seven years''
and inserting ``4 years, except as provided in
paragraph (8), (10), (11), (12), or (13), or as
required by section 605C, 605D, 605E, or 605F'';
(F) in paragraph (5)--
(i) by striking ``, other than records of
convictions of crimes''; and
(ii) by striking ``seven years'' and
inserting ``4 years, except as required by
section 605C, 605D, 605E, or 605F''; and
(G) by adding at the end the following new
paragraphs:
``(9) Civil suits and civil judgments (except as provided
in paragraph (8)) that, from date of entry, antedate the report
by more than 4 years or until the governing statute of
limitations has expired, whichever is the longer period.
``(10) A civil suit or civil judgment--
``(A) brought by a private education loan holder
that, from the date of successful completion of credit
restoration or rehabilitation in accordance with the
requirements of section 605D or 605E, antedates the
report by 45 calendar days; or
``(B) brought by a lender with respect to a covered
residential mortgage loan that antedates the report by
45 calendar days.
``(11) Records of convictions of crimes which antedate the
report by more than 7 years.
``(12) Any other adverse item of information relating to
the collection of debt that did not arise from a contract or an
agreement to pay by a consumer, including fines, tickets, and
other assessments, as determined by the Bureau, excluding tax
liability.'';
(2) by striking subsection (b) and redesignating
subsections (c) through (h) as subsections (b) through (g),
respectively; and
(3) in subsection (b) (as so redesignated), by striking
``7-year period referred to in paragraphs (4) and (6)'' and
inserting ``4-year period referred to in paragraphs (4) and
(5)''.
(b) Conforming Amendments.--The Fair Credit Reporting Act (15
U.S.C. 1681) is amended--
(1) in section 616(d), by striking ``section 605(g)'' each
place that term appears and inserting ``section 605(f)''; and
(2) in section 625(b)(5)(A), by striking ``section 605(g)''
and inserting ``section 605(f)''.
SEC. 102. MANDATES THE EXPEDITED REMOVAL OF FULLY PAID OR SETTLED DEBT
FROM CONSUMER REPORTS.
Section 605(a) of the Fair Credit Reporting Act (15 U.S.C.
1681c(a)), as amended by section 101(a)(1), is further amended by
adding at the end the following new paragraph:
``(13) Any other adverse item of information related to a
fully paid or settled debt that had been characterized as
delinquent, charged off, or in collection which, from the date
of payment or settlement, antedates the report by more than 45
calendar days.''.
SEC. 103. IMPOSES RESTRICTIONS ON THE APPEARANCE OF MEDICAL COLLECTIONS
ON CONSUMER REPORTS AND REQUIRES THE EXPEDITED REMOVAL OF
FULLY PAID OR SETTLED MEDICAL COLLECTIONS FROM CONSUMER
REPORTS.
(a) Removal of Fully Paid or Settled Medical Debt From Consumer
Reports.--Section 605(a) of the Fair Credit Reporting Act (15 U.S.C.
1681c(a)), as amended by section 102, is further amended by adding at
the end the following new paragraph:
``(14) Any other adverse item of information related to a
fully paid or settled debt arising from the receipt of medical
services, products, or devices that had been characterized as
delinquent, charged off, or in collection which, from the date
of payment or settlement, antedates the report by more than 45
calendar days.''.
(b) Establishing an Extended Time Period Before Certain Medical
Debt Information May Be Reported.--Section 605(a) of such Act is
further amended by adding at the end the following new paragraph:
``(15) Any information related to a debt arising from the
receipt of medical services, products, or devices, if the date
on which such debt was placed for collection, charged to profit
or loss, or subjected to any similar action antedates the
report by less than 365 calendar days.''.
(c) Prohibition on Reporting Medically Necessary Procedures.--
Section 605(a) of such Act is further amended by adding at the end the
following new paragraph:
``(16) Any information related to a debt arising from a
medically necessary procedure.''.
(d) Technical Amendment.--Section 604(g)(1)(C) of the Fair Credit
Reporting Act (15 U.S.C. 1681b(g)(1)(C)) is further amended by striking
``devises'' and inserting ``devices''.
SEC. 104. PROVIDES CREDIT RESTORATION FOR VICTIMS OF PREDATORY MORTGAGE
LENDING AND SERVICING.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by inserting after section 605B the following new
section:
``Sec. 605C. Credit restoration for victims of predatory mortgage
lending
``(a) In General.--A consumer reporting agency may not furnish any
consumer report containing any adverse item of information relating to
a covered residential mortgage loan (including the origination and
servicing of such a loan, any loss mitigation activities related to
such a loan, and any foreclosure, deed in lieu of foreclosure, or short
sale related to such a loan), if the action or inaction to which the
item of information relates--
``(1) resulted from an unfair, deceptive, or abusive act or
practice, or a fraudulent, discriminatory, or illegal activity
of a financial institution, as determined by the Bureau or a
court of competent jurisdiction; or
``(2) is related to an unfair, deceptive, or abusive act,
practice, or a fraudulent, discriminatory, or illegal activity
of a financial institution that is the subject of a settlement
agreement initiated on behalf of a consumer or consumers and
that is between the financial institution and an agency or
department of a local, State, or Federal Government, regardless
of whether such settlement includes an admission of wrongdoing.
``(b) Covered Residential Mortgage Loan Defined.--In this section,
the term `covered residential mortgage loan' means any loan primarily
for personal, family, or household use that is secured by a mortgage,
deed of trust, or other equivalent consensual security interest on a
dwelling (as defined in section 103(w) of the Truth in Lending Act),
including a loan in which the proceeds will be used for--
``(1) a manufactured home (as defined in section 603 of the
Housing and Community Development Act of 1974 (42 U.S.C.
5402));
``(2) any installment sales contract, land contract, or
contract for deed on a residential property; or
``(3) a reverse mortgage transaction (as defined in section
103 of the Truth in Lending Act).''.
(b) Table of Contents Amendment.--The table of contents of the Fair
Credit Reporting Act is amended by inserting after the item relating to
section 605B the following new item:
``605C. Credit restoration for victims of predatory mortgage
lending.''.
(c) Effective Date.--The amendments made by this section shall take
effect at the end of the 18-month period beginning on the date of the
enactment of this Act.
SEC. 105. PROVIDES CREDIT RELIEF FOR PRIVATE EDUCATION LOANS BORROWERS
WHO WERE DEFRAUDED OR MISLEAD BY PROPRIETARY EDUCATION
INSTITUTION OR CAREER EDUCATION PROGRAMS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.), as amended by section 104, is further amended by inserting after
section 605C the following new section:
``Sec. 605D. Private education loan credit restoration for defrauded
student borrowers who attend certain proprietary
educational institution or career education programs
``(a) Process for Certification as a Qualifying Private Education
Loan Borrower.--
``(1) In general.--A consumer may submit a request to the
Bureau, along with a defraudment claim, to be certified as a
qualifying private education loan borrower with respect to a
private education loan.
``(2) Certification.--The Bureau shall certify a consumer
described in paragraph (1) as a qualifying private education
loan borrower with respect to a private education loan if the
Bureau or a court of competent jurisdiction determines that the
consumer has a valid defraudment claim with respect to such
loan.
``(b) Removal of Adverse Information.--Upon receipt of a notice
described in subsection (d)(5), a consumer reporting agency shall
remove any adverse information relating to any private education loan
with respect to which a consumer is a qualifying private education loan
borrower from any consumer report within 45 calendar days of receipt of
such notification.
``(c) Disclosure.--The Bureau shall disclose the results of a
certification determination in writing to the consumer that provides a
clear and concise explanation of the basis for the determination of
whether such consumer is a qualifying private education loan borrower
with respect to a private education loan and, as applicable, an
explanation of the consumer's right to have adverse information
relating to such loan removed from their consumer report by a consumer
reporting agency.
``(d) Procedures.--The Bureau shall--
``(1) establish procedures for a consumer to submit a
request described in subsection (a);
``(2) establish procedures to efficiently review, accept,
and process such a request;
``(3) develop ongoing outreach initiatives and education
programs to inform consumers of the circumstances under which
such consumer may be eligible to be certified as a qualifying
private education loan borrower with respect to a private
education loan;
``(4) establish procedures, including the manner, form, and
content of the notice informing a private educational loan
holder of the prohibition on reporting any adverse information
relating to a private education loan with respect to which a
consumer is a qualifying private education loan borrower; and
``(5) establish procedures, including the manner, form, and
content of the notice informing a consumer reporting agency of
the obligation to remove any adverse information as described
in subsection (c).
``(e) Standardized Reporting Codes.--A consumer reporting agency
shall develop standardized reporting codes for use by private education
loan holders to identify and report a qualifying private education loan
borrower's status of a request to remove any adverse information
relating to any private education loan with respect to which such
consumer is a qualifying private education loan borrower. A consumer
report in which a person furnishes such codes shall be deemed to comply
with the requirements for accuracy and completeness required under
sections 623(a)(1) and 630. Such codes shall not appear on any report
provided to a third party, and shall be removed from the consumer's
credit report upon the successful restoration of the consumer's credit
under this section.
``(f) Defraudment Claim Defined.--For purposes of this section, the
term `defraudment claim' means a claim made with respect to a consumer
who is a borrower of a private education loan with respect to a
proprietary educational institution or career education program in
which the consumer alleges that--
``(1) the proprietary educational institution or career
education program--
``(A) engaged in an unfair, deceptive, or abusive
act or practice, or a fraudulent, discriminatory, or
illegal activity--
``(i) as defined by State law of the State
in which the proprietary educational
institution or career education program is
headquartered or maintains or maintained
significant operations; or
``(ii) under Federal law;
``(B) is the subject of an enforcement order, a
settlement agreement, a memorandum of understanding, a
suspension of tuition assistance, or any other action
relating to an unfair, deceptive, or abusive act or
practice that is between the proprietary educational
institution or career education program and an agency
or department of a local, State, or Federal Government;
or
``(C) misrepresented facts to students or
accrediting agencies or associations about graduation
or gainful employment rates in recognized occupations
or failed to provide the coursework necessary for
students to successfully obtain a professional
certification or degree from the proprietary
educational institution or career education program; or
``(2) the consumer has submitted a valid defense to
repayment claim with respect to such loan, as determined by the
Secretary of Education.''.
(b) Table of Contents Amendment.--The table of contents of the Fair
Credit Reporting Act is amended by inserting after the item relating to
section 605C (as added by section 104) the following new item:
``605D. Private education loan credit restoration for defrauded student
borrowers who attend certain proprietary
educational institution or career education
programs.''.
SEC. 106. ESTABLISHES RIGHT FOR VICTIMS OF FINANCIAL ABUSE TO HAVE
ADVERSE INFORMATION ASSOCIATED WITH AN ABUSER'S
FRAUDULENT ACTIVITY REMOVED FROM THEIR CONSUMER REPORTS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.), as amended by section 105, is further amended by inserting after
section 605D the following new section:
``Sec. 605E. Financial abuse prevention
``For a consumer who is the victim of intentionally abusive or
harmful financial behavior, including severe forms of trafficking in
persons or sex trafficking, as such terms are defined in the
Trafficking Victims Protection Act of 2000, as determined by a court of
competent jurisdiction including a family court, juvenile court, or
other court with personal jurisdiction, that was conducted by a spouse,
family or household member, caregiver, or person with whom such
consumer had a dating relationship in a manner which resulted in the
inclusion of an adverse item of information on the consumer report of
the consumer, and the consumer did not participate in or consent to
such behavior, the consumer may apply to a court of competent
jurisdiction, including a family court, juvenile court, or other court
with personal jurisdiction, for an order to require the removal of such
adverse information from the consumer's file maintained by any consumer
reporting agency.''.
(b) Table of Contents Amendment.--The table of contents of the Fair
Credit Reporting Act is amended by inserting after the item relating to
section 605D the following new item:
``605E. Financial abuse prevention.''.
SEC. 107. PROHIBITS TREATMENT OF CREDIT RESTORATION OR REHABILITATION
AS ADVERSE INFORMATION.
The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--
(1) by adding at the end the following new section:
``Sec. 630. Prohibition of certain factors related to Federal credit
restoration or rehabilitation
``(a) Restriction on Credit Scoring Models.--A credit scoring model
may not--
``(1) take into consideration, in a manner adverse to a
consumer's credit score or educational credit score, any
information in a consumer report concerning the consumer's
participation in credit restoration or rehabilitation under
section 605C, 605D, or 605E; or
``(2) treat negatively, in a manner adverse to a consumer's
credit score or educational credit score, the absence of
payment history data for an existing account, whether the
account is open or closed, where the absence of such
information is the result of a consumer's participation in
credit restoration or rehabilitation under section 605C, 605D,
or 605E.
``(b) Restriction on Persons Obtaining Consumer Reports.--A person
who obtains a consumer report may not--
``(1) take into consideration, in a manner adverse to a
consumer, any information in a consumer report concerning the
consumer's participation in credit restoration or
rehabilitation under section 605C, 605D, or 605E; or
``(2) treat negatively the absence of payment history data
for an existing account, whether the account is open or closed,
where the absence of such information is the result of a
consumer's participation in credit restoration or
rehabilitation under section 605C, 605D, or 605E.
``(c) Accuracy and Completeness.--If a person who furnishes
information to a consumer reporting agency requests the removal of
information from a consumer report or a consumer reporting agency
removes information from a consumer report in compliance with the
requirements under section 605C, 605D, or 605E, or such information was
removed pursuant at section 605(a)(11), such report shall be deemed to
satisfy the requirements for accuracy and completeness with respect to
such information.
``(d) Prohibition Related to Adverse Actions and Risk-Based Pricing
Decisions.--No person shall use information related to a consumer's
participation in credit restoration or rehabilitation under section
605C, 605D, or 605E in connection with any determination of--
``(1) the consumer's eligibility or continued eligibility
for an extension of credit;
``(2) the terms and conditions offered to a consumer
regarding an extension of credit; or
``(3) an adverse action made for employment purposes.'';
and
(2) in the table of contents for such Act, by adding at the
end the following new item:
``630. Prohibition of certain factors related to Federal credit
restoration or rehabilitation.''.
TITLE II--EXPANDING ACCESS TO TOOLS TO PROTECT VULNERABLE CONSUMERS
FROM IDENTITY THEFT, FRAUD, OR A RELATED CRIME, AND PROTECT VICTIMS
FROM FURTHER HARM
SEC. 201. IDENTITY THEFT REPORT DEFINITION.
Paragraph (4) of section 603(q) of the Fair Credit Reporting Act
(15 U.S.C. 1681a(q)(4)) is amended to read as follows:
``(4) Identity theft report.--The term `identity theft
report' has the meaning given that term by rule of the Bureau,
and means, at a minimum, a report--
``(A) that is a standardized affidavit that alleges
that a consumer has been a victim of identity theft,
fraud, or a related crime, or has been harmed by the
unauthorized disclosure of the consumer's financial or
personally identifiable information, that was developed
and made available by the Bureau; or
``(B)(i) that alleges an identity theft, fraud, or
a related crime, or alleges harm from the unauthorized
disclosure of the consumer's financial or personally
identifiable information;
``(ii) that is a copy of an official, valid report
filed by a consumer with an appropriate Federal, State,
or local law enforcement agency, including the United
States Postal Inspection Service, or such other
government agency deemed appropriate by the Bureau; and
``(iii) the filing of which subjects the person
filing the report to criminal penalties relating to the
filing of false information if, in fact, the
information in the report is false.''.
SEC. 202. AMENDMENT TO PROTECTION FOR FILES AND CREDIT RECORDS OF
PROTECTED CONSUMERS.
(a) Amendment to Definition of ``File''.--Section 603(g) of the
Fair Credit Reporting Act (15 U.S.C. 1681a(g)) is amended by inserting
``, except that such term excludes a record created pursuant to section
605A(j)'' after ``stored''.
(b) Amendment to Protection for Files and Credit Records.--Section
605A(j) of the Fair Credit Reporting Act (15 U.S.C. 1681c-1(j)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B)(ii), by striking ``an
incapacitated person or a protected person'' and
inserting ``a person''; and
(B) by amending subparagraph (E) to read as
follows:
``(E) The term `security freeze'--
``(i) has the meaning given in subsection
(i)(1)(C); and
``(ii) with respect to a protected consumer
for whom the consumer reporting agency does not
have a file, means a record that is subject to
a security freeze that a consumer reporting
agency is prohibited from disclosing to any
person requesting the consumer report for the
purpose of opening a new account involving the
extension of credit.''; and
(2) in paragraph (4)(D), by striking ``a protected consumer
or a protected consumer's representative under subparagraph
(A)(i)'' and inserting ``a protected consumer described under
subparagraph (A)(ii) or a protected consumer's
representative''.
SEC. 203. ENHANCES FRAUD ALERT PROTECTIONS.
Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1)
is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``One-
Call'' and inserting ``One-Year'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``Initial alerts'' and inserting ``In
general'';
(ii) by inserting ``or harmed by the
unauthorized disclosure of the consumer's
financial or personally identifiable
information,'' after ``identity theft,'';
(iii) in subparagraph (A), by striking
``and'' at the end;
(iv) in subparagraph (B)--
(I) by inserting ``1-year'' before
``fraud alert''; and
(II) by striking the period at the
end and inserting ``; and''; and
(v) by adding at the end the following new
subparagraph:
``(C) upon the expiration of the 1-year period
described in subparagraph (A) or a subsequent 1-year
period, and in response to a direct request by the
consumer or such representative, continue the fraud
alert for a period of 1 additional year if the
information asserted in this paragraph remains
applicable.''; and
(C) in paragraph (2)--
(i) in the paragraph heading, by inserting
``and credit or educational credit scores''
after ``reports'';
(ii) by inserting ``1-year'' before ``fraud
alert'';
(iii) in subparagraph (A), by inserting
``and credit score or educational credit
score'' after ``file''; and
(iv) in subparagraph (B), by striking ``any
request described in subparagraph (A)'' and
inserting ``the consumer reporting agency
includes the 1-year fraud alert in the file of
a consumer'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Extended'' and inserting ``Seven-Year'';
(B) in paragraph (1)--
(i) in subparagraph (B)--
(I) by striking ``5-year period
beginning on the date of such request''
and inserting ``such 7-year period'';
and
(II) by striking ``and'' at the
end;
(ii) in subparagraph (C)--
(I) by striking ``extended'' and
inserting ``7-year''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(D) upon the expiration of such 7-year period or
a subsequent 7-year period, and in response to a direct
request by the consumer or such representative,
continue the fraud alert for a period of 7 additional
years if the consumer or such representative submits an
updated identity theft report.''; and
(C) in paragraph (2)--
(i) in the paragraph heading, by inserting
``and credit or educational credit scores''
after ``reports''; and
(ii) by amending subparagraph (A) to read
as follows:
``(A) disclose to the consumer that the consumer
may request a free copy of the file and credit score or
educational credit score of the consumer pursuant to
section 612(d) during each 12-month period beginning on
the date on which the 7-year fraud alert was included
in the file and ending on the date of the last day that
the 7-year fraud alert applies to the consumer's file;
and'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``or educational
credit score'' after ``credit score'';
(B) by redesignating paragraphs (1), (2), and (3),
as subparagraphs (A), (B), and (C), respectively (and
conforming the margins accordingly);
(C) by striking ``Upon the direct request'' and
inserting:
``(1) In general.--Upon the direct request''; and
(D) by adding at the end the following new
paragraph:
``(2) Access to free reports and credit or educational
credit scores.--If a consumer reporting agency includes an
active duty alert in the file of an active duty military
consumer, the consumer reporting agency shall--
``(A) disclose to the active duty military consumer
that the active duty military consumer may request a
free copy of the file and credit score or educational
credit score of the active duty military consumer
pursuant to section 612(d), during each 12-month period
beginning on the date that the activity duty military
alert is requested and ending on the date of the last
day the active duty alert applies to the file of the
active duty military consumer; and
``(B) provide to the active duty military consumer
all disclosures required to be made under section 609,
without charge to the consumer, not later than 3
business days after any request described in
subparagraph (A).'';
(4) by amending subsection (d) to read as follows:
``(d) Procedures.--Each consumer reporting agency described in
section 603(p) shall include on the webpage required under subsection
(i) policies and procedures to comply with this section, including
policies and procedures--
``(1) that inform consumers of the availability of 1-year
fraud alerts, 7-year fraud alerts, active duty alerts, and
security freezes (as applicable);
``(2) that allow consumers to request 1-year fraud alerts,
7-year fraud alerts, and active duty alerts (as applicable) and
to place, temporarily lift, or fully remove a security freeze
in a simple and easy manner; and
``(3) for asserting in good faith a suspicion that the
consumer has been or is about to become a victim of identity
theft, fraud, or a related crime, or harmed by the unauthorized
disclosure of the consumer's financial or personally
identifiable information, for a consumer seeking a 1-year fraud
alert or security freeze.'';
(5) in subsection (e), by inserting ``1-year or 7-year''
before ``fraud alert'';
(6) in subsection (f), by striking ``or active duty alert''
and inserting ``active duty alert, or security freeze (as
applicable)'';
(7) in subsection (g)--
(A) by inserting ``or has been harmed by the
unauthorized disclosure of the consumer's financial or
personally identifiable information, or to inform such
agency of the consumer's participation in credit
restoration or rehabilitation under section 605C, 605D,
or 605E,'' after ``identity theft,''; and
(B) by inserting ``or security freezes'' after
``request alerts'';
(8) in subsection (h)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``initial'' and inserting ``1-year''; and
(ii) by striking ``initial'' and inserting
``1-year'' each place such term appears; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``extended'' and inserting ``7-year''; and
(ii) by striking ``extended'' and inserting
``7-year'' each place such term appears; and
(9) in subsection (i)(4)--
(A) by striking subparagraphs (E) and (I); and
(B) by redesignating subparagraphs (F), (G), (H),
and (J) as subparagraphs (E), (F), (G), and (H),
respectively.
SEC. 204. AMENDMENT TO SECURITY FREEZES FOR CONSUMER REPORTS.
(a) In General.--Section 605A(i) of the Fair Credit Reporting Act
(15 U.S.C. 1681c-1(i)) is amended--
(1) by amending the subsection heading to read as follows:
``Security Freezes for Consumer Reports'';
(2) in paragraph (3)(E), by striking ``Upon receiving'' and
all that follows through ``subparagraph (C),'' and inserting
``Upon receiving a direct request from a consumer for a
temporary removal of a security freeze, a consumer reporting
agency shall''; and
(3) by adding at the end the following:
``(7) Relation to state law.--This subsection does not
modify or supersede the laws of any State relating to security
freezes or other similar actions, except to the extent those
laws are inconsistent with any provision of this title, and
then only to the extent of the inconsistency. For purposes of
this subsection, a term or provision of a State law is not
inconsistent with the provisions of this subsection if the term
or provision affords greater protection to the consumer than
the protection provided under this subsection as determined by
the Bureau.''.
(b) Amendment to Webpage Requirements.--Section 605A(i)(6)(A) of
the Fair Credit Reporting Act (15 U.S.C. 1681c-1(i)(6)(A)) is amended--
(1) in clause (ii), by striking ``initial fraud alert'' and
inserting ``1-year fraud alert'';
(2) in clause (iii), by striking ``extended fraud alert''
and inserting ``7-year fraud alert''; and
(3) in clause (iv), by striking ``fraud''.
(c) Amendment to Exceptions for Certain Persons.--Section
605A(i)(4)(A) of the Consumer Credit Protection Act (15 U.S.C. 1681c-
1(i)(4)(A)) is amended to read as follows:
``(A) A person, or the person's subsidiary,
affiliate, agent, subcontractor, or assignee with whom
the consumer has, or prior to assignment had, an
authorized account, contract, or debtor-creditor
relationship for the purposes of reviewing the active
account or collecting the financial obligation owed on
the account, contract, or debt.''.
(d) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 205. CLARIFICATION OF INFORMATION TO BE INCLUDED WITH AGENCY
DISCLOSURES.
Section 609(c)(2) of such Act (15 U.S.C. 1681g(c)(2)) is amended--
(1) in subparagraph (B)--
(A) by striking ``consumer reporting agency
described in section 603(p)'' and inserting ``consumer
reporting agency described in subsection (p) or (x) of
section 603'';
(B) by striking ``the agency'' and inserting ``such
an agency''; and
(C) by inserting ``and an Internet website
address'' after ``hours''; and
(2) in subparagraph (E), by striking ``outdated under
section 605 or'' and inserting ``outdated, required to be
removed, or''.
SEC. 206. PROVIDES ACCESS TO FRAUD RECORDS FOR VICTIMS.
Section 609(e) of the Fair Credit Reporting Act (15 U.S.C.
1681g(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``resulting from identity theft'';
(B) by striking ``claim of identity theft'' and
inserting ``claim of fraudulent activity''; and
(C) by striking ``any transaction alleged to be a
result of identity theft'' and inserting ``any
fraudulent transaction'';
(2) in paragraph (2)(B)--
(A) by striking ``identity theft, at the election
of the business entity'' and inserting ``fraudulent
activity'';
(B) by amending clause (i) to read as follows:
``(i) a copy of an identity theft report;
or''; and
(C) by amending clause (ii) to read as follows:
``(ii) an affidavit of fact that is
acceptable to the business entity for that
purpose.'';
(3) in paragraph (3)(C), by striking ``identity theft'' and
inserting ``fraudulent activity'';
(4) by striking paragraph (8) and redesignating paragraphs
(9) through (13) as paragraphs (8) through (12), respectively;
and
(5) in paragraph (10) (as so redesignated), by striking
``or a similar crime'' and inserting ``, fraud, or a related
crime''.
SEC. 207. REQUIRED BUREAU TO SET PROCEDURES FOR REPORTING IDENTITY
THEFT, FRAUD, AND OTHER RELATED CRIME.
Section 621(f)(2) of the Fair Credit Reporting Act (15 U.S.C.
1681s(f)(2)) is amended--
(1) in the paragraph heading, by striking ``Model form''
and inserting ``Standardized affidavit'';
(2) by striking ``The Commission'' and inserting ``The
Bureau'';
(3) by striking ``model form'' and inserting ``standardized
affidavit'';
(4) by inserting after ``identity theft'' the following:
``, fraud, or a related crime, or otherwise are harmed by the
unauthorized disclosure of the consumer's financial or
personally identifiable information,''; and
(5) by striking ``fraud.'' and inserting ``identity theft,
fraud, or other related crime. Such standardized affidavit and
procedures shall not include a requirement that a consumer
obtain a police report.''.
SEC. 208. ESTABLISHES THE RIGHT TO FREE CREDIT MONITORING AND IDENTITY
THEFT PROTECTION SERVICES FOR CERTAIN CONSUMERS.
(a) Enforcement of Credit Monitoring for Servicemembers.--
(1) In general.--Subsection (k) of section 605A (15 U.S.C.
1681c-1(a)) is amended by striking paragraph (4).
(2) Effective date.--This subsection and the amendments
made by this subsection shall take effect on the date of the
enactment of this Act.
(b) Free Credit Monitoring and Identity Theft Protection Services
for Certain Consumers.--Subsection (k) of section 605A (15 U.S.C.
1681c-1), is amended to read as follows:
``(k) Credit Monitoring and Identity Theft Protection Services.--
``(1) In general.--Upon the direct request of a consumer, a
consumer reporting agency described in section 603(p) that
maintains a file on the consumer and has received appropriate
proof of the identity of the requester (as described in section
1022.123 of title 12, Code of Federal Regulations) shall
provide the consumer with credit monitoring and identity theft
protection services not later than 1 business day after
receiving such request sent by postal mail, toll-free
telephone, or secure electronic means as established by the
agency.
``(2) Fees.--
``(A) Classes of consumers.--The Bureau may
establish classes of consumers eligible to receive
credit monitoring and identity theft protection
services free of charge.
``(B) No fee.--A consumer reporting agency
described in section 603(p) may not charge a consumer a
fee to receive credit monitoring and identity theft
protection services if the consumer or a representative
of the consumer--
``(i) asserts in good faith a suspicion
that the consumer has been or is about to
become a victim of identity theft, fraud, or a
related crime, or harmed by the unauthorized
disclosure of the consumer's financial or
personally identifiable information;
``(ii) is unemployed and intends to apply
for employment in the 60-day period beginning
on the date on which the request is made;
``(iii) is a recipient of public welfare
assistance;
``(iv) is an active duty military consumer
or a member of the National Guard (as defined
in section 101(c) of title 10, United States
Code);
``(v) is 65 years of age or older; or
``(vi) is a member of a class established
by the Bureau under subparagraph (A).
``(3) Bureau rulemaking.--The Bureau shall issue
regulations--
``(A) to define the scope of credit monitoring and
identity theft protection services required under this
subsection; and
``(B) to set a fair and reasonable fee that a
consumer reporting agency may charge a consumer (other
than a consumer described under paragraph (2)(B)) for
such credit monitoring and identity theft protection
services.
``(4) Relation to state law.--This subsection does not
modify or supersede the laws of any State relating to credit
monitoring and identity theft protection services or other
similar actions, except to the extent those laws are
inconsistent with any provision of this title, and then only to
the extent of the inconsistency. For purposes of this
subsection, a term or provision of a State law is not
inconsistent with the provisions of this subsection if the term
or provision affords greater protection to the consumer than
the protection provided under this subsection as determined by
the Bureau.''.
SEC. 209. ENSURES REMOVAL OF INQUIRIES RESULTING FROM IDENTITY THEFT,
FRAUD, OR OTHER RELATED CRIME FROM CONSUMER REPORTS.
Section 605(a) of the Fair Credit Reporting Act (15 U.S.C.
1681c(a)), as amended by section 103, is further amended by adding at
the end the following:
``(17) Information about inquiries made for a credit report
based on requests that the consumer reporting agency verifies
were initiated as the result of identity theft, fraud, or other
related crime.''.
TITLE III--MISCELLANEOUS
SEC. 301. DEFINITIONS.
Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is
further amended by adding at the end the following:
``(bb) Definitions Related to Days.--
``(1) Calendar day; day.--The term `calendar day' or `day'
means a calendar day, excluding any federally recognized
holiday.
``(2) Business day.--The term `business day' means a day
between and including Monday to Friday, and excluding any
federally recognized holiday.''.
SEC. 302. TECHNICAL CORRECTION RELATED TO RISK-BASED PRICING NOTICES.
Section 615(h)(8) of the Fair Credit Reporting Act (15 U.S.C.
1681m) is amended--
(1) in subparagraph (A), by striking ``this section'' and
inserting ``this subsection''; and
(2) in subparagraph (B), by striking ``This section'' and
inserting ``This subsection''.
SEC. 303. FCRA FINDINGS AND PURPOSE; VOIDS CERTAIN CONTRACTS NOT IN THE
PUBLIC INTEREST.
(a) FCRA Findings and Purpose.--Section 602 of the Fair Credit
Reporting Act (15 U.S.C. 1681(a)) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Many financial and non-financial decisions affecting
consumers' lives depend upon fair, complete, and accurate credit
reporting. Inaccurate and incomplete credit reports directly impair the
efficiency of the financial system and undermine the integrity of using
credit reports in other circumstances, and unfair credit reporting and
credit scoring methods undermine the public confidence which is
essential to the continued functioning of the financial services system
and the provision of many other consumer products and services.''; and
(B) in paragraph (4), by inserting after
``agencies'' the following: ``, furnishers, and credit
scoring developers''; and
(2) in subsection (b)--
(A) by striking ``It is the purpose of this title
to require'' and inserting the following: ``The purpose
of this title is the following:
``(1) To require''; and
(B) by adding at the end the following:
``(2) To prohibit any practices and procedures with respect
to credit reports and credit scores that are not in the public
interest.''.
(b) Voiding of Certain Contracts Not in the Public Interest.--
The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), as
amended by section 107, is further amended--
(1) by adding at the end the following new section:
``Sec. 631. Voiding of certain contracts not in the public interest
``(a) In General.--Any provision contained in a contract that
requires a person to not follow a provision of this title, that is
against the public interest, or that otherwise circumvents the purposes
of this title shall be null and void.
``(b) Rule of Construction.--Nothing in subsection (a) shall be
construed as affecting other provisions of a contract that are not
described under subsection (a).''; and
(2) in the table of contents for such Act, by adding at the
end the following new item:
``631. Voiding of certain contracts not in the public interest.''.
<all>
|
Restoring Unfairly Impaired Credit and Protecting Consumers Act
|
To amend the Fair Credit Reporting act to restore the impaired credit of victims of predatory activities and unfair consumer reporting practices, to expand access to tools to protect vulnerable consumers from identity theft, fraud, or a related crime, and protect victims from further harm, and for other purposes.
|
Restoring Unfairly Impaired Credit and Protecting Consumers Act
|
Rep. Tlaib, Rashida
|
D
|
MI
|
11,380
| 9,659
|
H.R.6046
|
Transportation and Public Works
|
This bill authorizes the Department of Transportation to provide formula grants for passenger ferry boat projects in non-urbanized areas regardless of population size.
|
To amend title 49, United States Code, to allow passenger ferry boats
in nonurbanized areas to qualify for certain grants.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PASSENGER FERRY GRANTS.
Section 5307(h) of title 49, United States Code, is amended by
adding at the end the following:
``(4) Passenger ferries in nonurbanized areas.--
Notwithstanding paragraphs (1) and (2) and subsection (a), the
Secretary may also make grants under this subsection to
passenger ferry projects in nonurbanized areas regardless of
population size. Such grants shall be subject to the
requirements of section 5311 of title 49, United States
Code.''.
<all>
|
To amend title 49, United States Code, to allow passenger ferry boats in nonurbanized areas to qualify for certain grants.
|
To amend title 49, United States Code, to allow passenger ferry boats in nonurbanized areas to qualify for certain grants.
|
Official Titles - House of Representatives
Official Title as Introduced
To amend title 49, United States Code, to allow passenger ferry boats in nonurbanized areas to qualify for certain grants.
|
Rep. Rouzer, David
|
R
|
NC
|
11,381
| 1,530
|
S.172
|
Armed Forces and National Security
|
This bill authorizes the National Medal of Honor Museum Foundation to establish a commemorative work on federal land in the District of Columbia in honor of the extraordinary acts of valor, selfless service, and sacrifice displayed by Medal of Honor recipients.
The foundation shall be solely responsible for the acceptance of contributions for, and the payment of expenses of, the establishment of the commemorative work.
Federal funds may not be used to pay any expenses for the establishment of the commemorative work.
|
To authorize the National Medal of Honor Museum Foundation to establish
a commemorative work in the District of Columbia and its environs, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK.
(a) In General.--The National Medal of Honor Museum Foundation may
establish a commemorative work on Federal land in the District of
Columbia and its environs to honor the extraordinary acts of valor,
selfless service, and sacrifice displayed by Medal of Honor recipients.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under
this section.
(2) Responsibility of the national medal of honor museum
foundation.--The National Medal of Honor Museum Foundation
shall be solely responsible for acceptance of contributions
for, and payment of the expenses of, the establishment of the
commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the National Medal of Honor Museum
Foundation shall transmit the amount of the balance to the
Secretary of the Interior for deposit in the account provided
for in section 8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of funds
received for the establishment of the commemorative work under
this section, the National Medal of Honor Museum Foundation
shall transmit the amount of the balance to a separate account
with the National Park Foundation for memorials, to be
available to the Secretary of the Interior or the Administrator
of General Services, as appropriate, in accordance with the
process provided in paragraph (4) of section 8906(b) of that
title for accounts established under paragraph (2) or (3) of
that section.
Calendar No. 199
117th CONGRESS
1st Session
S. 172
[Report No. 117-49]
_______________________________________________________________________
|
A bill to authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.
|
A bill to authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.
|
Official Titles - Senate
Official Title as Introduced
A bill to authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.
|
Sen. Cornyn, John
|
R
|
TX
|
11,382
| 13,780
|
H.R.6829
|
Transportation and Public Works
|
Freedom to Fly Maskless Act of 2022
This bill restricts the authority of the Department of Health and Human Services and the Federal Aviation Administration to issue regulations or safety standards that apply to interstate travelers for preventing the spread of communicable diseases. Specifically, the bill prohibits regulations or safety standards that require an interstate traveler to (1) undergo screening, testing, or treatment (e.g., vaccination); (2) quarantine or isolate; or (3) wear a face covering.
|
To amend the Public Health Service Act to limit the authority of the
Department of Health and Human Services to regulate interstate commerce
relating to communicable diseases, to amend title 49, United States
Code, to limit the authority of the Federal Aviation Administration to
regulate air commerce relating to communicable diseases, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Fly Maskless Act of
2022''.
SEC. 2. LIMITATION ON QUARANTINE REGULATIONS.
Section 361 of the Public Health Service Act (42 U.S.C. 264) is
amended--
(1) in subsection (c), by striking ``Except as provided in
subsection (d), regulations prescribed'' and inserting
``Regulations prescribed'';
(2) by striking subsection (d);
(3) by redesignating subsection (e) as subsection (d); and
(4) after making such redesignation, by adding at the end
the following:
``(e) Notwithstanding subsection (a), and subject to subsection
(c), nothing in this section authorizes requiring individuals--
``(1) to undergo screening, testing, or treatment,
including vaccination;
``(2) to quarantine or isolate; or
``(3) to wear face coverings.''.
SEC. 3. LIMITATION ON AIR COMMERCE SAFETY REGULATIONS.
Section 44701 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Prohibition on Regulations Relating to Certain Health
Requirements.--
``(1) In general.--Notwithstanding subsection (a)(5), the
Administrator may not prescribe any regulations or minimum
standards for safety in air commerce that require an individual
to--
``(A) undergo screening, testing, or treatment,
including vaccination, for any communicable disease;
``(B) quarantine or isolate as a result of
exposure, or potential exposure, to a communicable
disease; or
``(C) wear a face covering.
``(2) Definition.--In this subsection, the term `air
commerce' has the meaning given such term in section 40102 but
does not include foreign air commerce.''.
<all>
|
Freedom to Fly Maskless Act of 2022
|
To amend the Public Health Service Act to limit the authority of the Department of Health and Human Services to regulate interstate commerce relating to communicable diseases, to amend title 49, United States Code, to limit the authority of the Federal Aviation Administration to regulate air commerce relating to communicable diseases, and for other purposes.
|
Freedom to Fly Maskless Act of 2022
|
Rep. Brooks, Mo
|
R
|
AL
|
11,383
| 11,427
|
H.R.9001
|
Crime and Law Enforcement
|
RGV Act of 2022 or the Reduce Gun Violence Act of 2022
This bill provides certain resources for schools to increase physical security and access to mental health resources.
|
To secure schools, to increase access to mental health resources, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``RGV Act of 2022'' or the ``Reduce
Gun Violence Act of 2022''.
SEC. 2. INCREASED AUTHORIZATION OF FUNDING FOR CERTAIN PROGRAMS.
(a) Byrne-Jag.--
(1) Cyber monitoring.--Section 501(a)(1) of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10152(a)(1)) is amended by adding at the end the following:
``(J) Cyber monitoring programs for school safety
on school issued devices and school networks in--
``(i) public elementary and secondary
schools (as those terms are defined in section
8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801)); and
``(ii) public institutions of higher
education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)).
``(K) Assessment and identification of school
security risks before implementing security changes in
schools and institutions of higher education described
in subparagraph (J).''.
(2) Physical security to stop school violence.--For fiscal
year 2023, there is authorized to be appropriated to the
Attorney General to carry out the grant program under subpart 1
of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10151 et seq.), in addition to
any amounts made available for such purpose, $2,000,000,000, to
remain available until expended: Provided, That such amounts
shall be used as provided in subparagraphs (J) and (K) of
section 501(a)(1) of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10152(a)(1)).
(b) COPS.--For fiscal year 2023, there is authorized to be
appropriated to the Attorney General to carry out the grant program
under part Q of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10381 et seq.), in addition to any amounts made
available for such purpose, $2,000,000,000, to remain available until
expended: Provided, That such amounts shall be used as provided under
paragraph (2) of section 1701(b) of such Act (34 U.S.C. 10381(b)).
(c) STOP School Violence.--Subsection (a) of section 2705 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10555) is amended to read as follows:
``(a) In General.--There is authorized to be appropriated
$1,000,000,000 for each of fiscal years 2023 through 2027, of which--
``(1) $700,000,000 shall be made available to the BJA
Director to carry out this part; and
``(2) $300,000,000 shall be made available to the COPS
Director to carry out this part.''.
(d) Grants for Mental Health Guidance Counselors.--Title IV of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.)
is amended by adding at the end the following:
``PART G--MENTAL HEALTH COUNSELING
``SEC. 4701. GRANTS FOR MENTAL HEALTH GUIDANCE COUNSELORS.
``(a) In General.--The Secretary shall carry out a program under
which the Secretary makes allocations to States, in accordance with
subsection (b), to enable States to provide funds to local educational
agencies for the provision of mental health guidance counselors and
related services in schools as described in subsection (c)(3).
``(b) Allocations to States.--
``(1) In general.--From the amount appropriated to carry
out this part for each fiscal year under subsection (g), each
State that has a plan approved by the Secretary under paragraph
(2) shall be allocated an amount determined by the Secretary
based on the formula established under paragraph (3).
``(2) State plan.--To be eligible for an allocation under
paragraph (1), a State shall submit to the Secretary a plan for
the use of such allocation at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Allocation formula.--The Secretary shall develop a
formula for the allocation of funds to States under paragraph
(1). The formula shall be based on such factors as the
Secretary determines appropriate, which may include a State's
anticipated or proven need for mental health guidance
counselors in elementary and secondary schools.
``(c) Subgrants to Local Educational Agencies.--
``(1) In general.--From amounts allocated to a State under
subsection (b), the State shall award grants to local
educational agencies, on a competitive basis, to carry out the
activities described in paragraph (3).
``(2) Application.--To be considered for a grant under
paragraph (1), a local educational agency shall submit an
application to the State at such time, in such manner, and
containing such information as the State may require.
``(3) Use of funds.--A local educational agency that
receives a grant under paragraph (1) shall use the grant--
``(A) for the hiring and training of mental health
guidance counselors in elementary and secondary
schools; and
``(B) to provide in-person and virtual mental
health counseling to students of such schools.
``(d) Report to Congress.--Not later than one year after the date
of enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report that includes--
``(1) a compilation of best practices for the hiring and
training of mental health guidance counselors in schools; and
``(2) with respect to the year preceding the date of the
report--
``(A) the number of States that sought allocations
under subsection (b);
``(B) the total amount allocated to each State
under such subsection;
``(C) information on the grant program carried out
by each State under subsection (c), including--
``(i) the number of local educational
agencies that applied for grants;
``(ii) the number of such agencies that
received grants and the amount of each grant
awarded;
``(iii) the total number students served by
such agencies;
``(iv) demographic information on the
students serviced by such agencies; and
``(v) the average student-to-teacher ratio
in the schools served by such agencies.
``(e) Limitation.--None of the funds made available under this part
may be used--
``(1) to advance critical race theory; or
``(2) to affirm or promote gender reassignment or gender
reassignment medical intervention.
``(f) Definition.--In this part:
``(1) Critical race theory.--The term `critical race
theory' means the theory that--
``(A) one race or sex is inherently superior to
another race or sex;
``(B) the United States is fundamentally racist or
sexist;
``(C) an individual, by virtue of his or her race
or sex, is inherently racist, sexist, or oppressive,
whether consciously or unconsciously;
``(D) an individual should be discriminated against
or receive adverse treatment solely or partly because
of his or her race or sex;
``(E) members of one race or sex cannot and should
not attempt to treat others without respect to race or
sex;
``(F) an individual's moral character is
necessarily determined by his or her race or sex;
``(G) an individual, by virtue of his or her race
or sex, bears responsibility for actions committed in
the past by other members of the same race or sex;
``(H) any individual should feel discomfort, guilt,
anguish, or any other form of psychological distress on
account of his or her race or sex; or
``(I) meritocracy or traits such as a hard work
ethic are racist or sexist, or were created by a
particular race to oppress another.
``(2) Gender reassignment medical intervention.--The term
`gender reassignment medical intervention' means--
``(A) performing a surgery that sterilizes an
individual, including castration, vasectomy,
hysterectomy, oophorectomy, metoidioplasty, penectomy,
phalloplasty, and vaginoplasty, to change the body of
such individual to correspond to a sex that is
discordant with biological sex;
``(B) performing a mastectomy on an individual for
the purpose described in subparagraph (A); and
``(C) administering or supplying to an individual
medications for the purpose described in subparagraph
(A), including--
``(i) GnRH agonists or other puberty-
blocking drugs to stop or delay normal puberty;
``(ii) testosterone or other androgens to
biological females at doses that are
supraphysiologic to the female sex; and
``(iii) estrogen to biological males at
doses that are supraphysiologic to the male
sex.
``(3) Mental health guidance counselor.--The term `mental
health guidance counselor' means a person who counsels
individuals and groups to promote optimum mental health.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $200,000,0000 for each of fiscal
years 2023 through 2027.''.
(e) Offset.--Of the unobligated balances from amounts made
available under section 10301 of Public Law 117-169 (commonly known as
the ``Inflation Reduction Act of 2022'') on the date of enactment of
this Act, $11,001,000,000 is rescinded as of such date.
SEC. 3. SAFERSCHOOLS.GOV.
(a) Establishment.--The Attorney General, in consultation with the
Secretary of Education, the Secretary of Health and Human Services, and
an appointee of the President, shall establish a website, designated as
saferschools.gov, to be managed by a task force, known as the School
Safety Best Practices Task Force (in this section, referred to as the
``Task Force'').
(b) Task Force.--
(1) Duties.--The duties of the Task Force shall be to
review, compile, and publish school safety best practices on
the saferschools.gov website.
(2) Number and appointment.--The Task Force shall be
composed of 5 members appointed by the Attorney General.
(3) Terms.--
(A) In general.--Each member shall be appointed to
the Task Force for a term of 5 years.
(B) Vacancies.--Any members appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term.
(4) Pay.--Members of the Task Force shall serve without
pay.
(5) Meetings.--The Task Force shall meet at the call of the
Chairperson and not less than quarterly.
(6) No applicability.--
(A) Paperwork reduction.--The Paperwork Reduction
Act (44 U.S.C. 3501) shall not apply to this section.
(B) Advisory committee.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to this
section.
(c) Function of Website.--The saferschools.gov website shall be
designed to receive comments from interested parties, which shall be
published on such website.
(d) Definitions.--In this section:
(1) The term ``interested parties'' includes students,
teachers, parents, law enforcement officers, and any person
with an interest in school safety best practices.
(2) The term ``parent'' has the meaning given such term in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(e) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 to carry out this section for fiscal year 2023.
<all>
|
Reduce Gun Violence Act of 2022
|
To secure schools, to increase access to mental health resources, and for other purposes.
|
RGV Act of 2022
Reduce Gun Violence Act of 2022
|
Rep. Flores, Mayra
|
R
|
TX
|
11,384
| 38
|
S.953
|
Water Resources Development
|
Water for Conservation and Farming Act
This bill establishes a funding source for certain water resources development projects in western states. The bill also reauthorizes and expands existing water resources development programs, as well as establishes new programs.
Specifically, the bill establishes the Bureau of Reclamation Infrastructure Fund to fund water-related programs, including water reclamation and reuse projects, dam safety projects, and the WaterSMART program (which provides assistance to eligible government entities to increase water supply). Each year from FY2031-FY2061, the Department of the Treasury must deposit $300 million of revenues into this fund that would otherwise be deposited into the Reclamation Fund (which currently funds irrigation works in western states).
The bill also expands the allowable uses for grants under the WaterSMART program.
Next, the bill revises the Reclamation Climate Change and Water program (which assesses the impact of climate change on water supplies) by requiring Reclamation to develop a strategy to address sustaining native biodiversity during periods of drought.
The bill also reauthorizes through FY2028 the Fisheries Restoration and Irrigation Mitigation program (which funds fish passage projects in certain areas that drain into the Pacific Ocean).
Finally, the bill establishes new programs directed at western states to
|
To provide for drought preparedness and improved water supply
reliability.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water for
Conservation and Farming Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INFRASTRUCTURE DEVELOPMENT
Sec. 101. Technical amendment to the Water Desalination Act of 1996.
Sec. 102. Bureau of Reclamation Infrastructure Fund.
Sec. 103. Watersmart extension and expansion.
TITLE II--ECOSYSTEM PROTECTION AND RESTORATION
Sec. 201. Waterbird and shorebird habitat creation program.
Sec. 202. Sustaining biodiversity during droughts.
Sec. 203. Reauthorization of Cooperative Watershed Management Program.
Sec. 204. Multibenefit projects to improve watershed health.
Sec. 205. Drought planning and preparedness for critically important
fisheries.
Sec. 206. Reauthorization of the Fisheries Restoration and Irrigation
Mitigation Act of 2000.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Bureau of
Reclamation Infrastructure Fund established by section 102(a).
(2) Reclamation state.--The term ``Reclamation State'' has
the meaning given the term in section 4014 of the Water
Infrastructure Improvements for the Nation Act (43 U.S.C. 390b
note; Public Law 114-322).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE I--INFRASTRUCTURE DEVELOPMENT
SEC. 101. TECHNICAL AMENDMENT TO THE WATER DESALINATION ACT OF 1996.
Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended by redesignating the second
paragraph (1) (relating to eligible desalination projects) as paragraph
(2).
SEC. 102. BUREAU OF RECLAMATION INFRASTRUCTURE FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Bureau of Reclamation
Infrastructure Fund'', consisting of--
(1) such amounts as are deposited in the Fund under
subsection (b)(1); and
(2) any interest earned on investment of amounts in the
Fund under subsection (c)(1)(B).
(b) Deposits to Fund.--
(1) In general.--For each of fiscal years 2031 through
2061, the Secretary of the Treasury shall deposit in the Fund
$300,000,000 of the revenues that would otherwise be deposited
for the fiscal year in the reclamation fund established by the
first section of the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), of which--
(A) $100,000,000 shall be expended by the Secretary
for water reclamation and reuse projects authorized
under--
(i) the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C.
390h et seq.); or
(ii) section 4(a)(2) of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note;
Public Law 104-298);
(B) $100,000,000 shall be expended by the Secretary
for grants authorized under section 9504 of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364);
and
(C) $100,000,000 shall be expended by the Secretary
to perform modifications to preserve the structural
safety of Bureau of Reclamation dams and related
facilities to ensure that Bureau of Reclamation
facilities do not present unreasonable risks to public
safety, property, or the environment, if the
expenditures--
(i) account for not more than 85 percent of
the total costs for any dam safety project; and
(ii) are made in accordance with section 3
of the Reclamation Safety of Dams Act of 1978
(43 U.S.C. 507).
(2) Availability of amounts.--Amounts deposited in the Fund
under paragraph (1) shall--
(A) be made available in accordance with this
section, without further appropriation; and
(B) be in addition to amounts appropriated for the
purposes described in this section under any other
provision of law.
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), for each of
fiscal years 2031 through 2061, the Secretary may expend from
the Fund, in accordance with this section, not more than an
amount equal to the sum of--
(A) the amounts deposited in the Fund for the
applicable fiscal year under subsection (b)(1); and
(B) the amount of interest accrued in the Fund for
the fiscal year in which the expenditures are made.
(2) Additional expenditures.--
(A) In general.--The Secretary may expend more in
any fiscal year than the amounts described in paragraph
(1) if the additional amounts are available in the Fund
as a result of a failure of the Secretary to expend all
of the amounts available under paragraph (1) in 1 or
more prior fiscal years.
(B) Retention in accounts.--Any additional amounts
referred to in subparagraph (A) shall--
(i) accrue interest in accordance with this
section; and
(ii) only be expended for the purposes for
which expenditures from the Fund are
authorized.
SEC. 103. WATERSMART EXTENSION AND EXPANSION.
(a) Water Management Improvement.--Section 9504(a) of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (F), by inserting ``, including
through temporary, voluntary, and compensated
transactions that decrease consumptive water use at a
regional or watershed scale'' after ``imbalances''; and
(B) in subparagraph (J), by striking clause (i) and
inserting the following:
``(i) to increase ecological resilience to
climate change by addressing climate-related
impacts to, or vulnerabilities of, the water
supply of the United States, including by
enhancing natural water storage within a
floodplain or riparian wetland;''; and
(2) in paragraph (3)(B)(i), by striking subclause (II) and
inserting the following:
``(II) to use the assistance
provided under a grant or agreement to
increase the consumptive use of water
for agricultural operations above the
pre-project levels, as determined
pursuant to the law of the State in
which the operation of the eligible
applicant is located.''.
(b) Authorization of Appropriations.--Section 9504 of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364) is amended by
striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $700,000,000, to remain
available until expended, subject to the condition that $50,000,000 of
that amount shall be used to carry out section 206 of the Energy and
Water Development and Related Agencies Appropriations Act, 2015 (43
U.S.C. 620 note; Public Law 113-235).''.
TITLE II--ECOSYSTEM PROTECTION AND RESTORATION
SEC. 201. WATERBIRD AND SHOREBIRD HABITAT CREATION PROGRAM.
(a) Authorization of Habitat Creation Program.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall establish a program under which the Secretary
shall provide financial assistance to eligible agricultural
producers in Reclamation States, in the form of direct payments
or credits, as applicable, to compensate the eligible
agricultural producers for the creation and maintenance of
waterbird and shorebird habitats.
(2) Limitation on amount of financial assistance.--Not more
than a total of $3,500,000 of financial assistance may be
provided for each fiscal year under paragraph (1).
(3) Conditions.--Financial assistance shall be provided
under paragraph (1) only if the Secretary determines that the
activities receiving the financial assistance would--
(A) create new habitat that would not otherwise be
created; or
(B) maintain existing habitat that would not
otherwise be maintained.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $3,500,000 to carry out this section for
each of fiscal years 2022 through 2027, to remain available until
expended.
(c) Report.--Not later than October 1, 2022, and every 2 years
thereafter, the Secretary shall submit to Congress a report that
describes the environmental performance of activities that are
receiving, or have received, financial assistance under the program
established under subsection (a)(1) during the period covered by the
report.
SEC. 202. SUSTAINING BIODIVERSITY DURING DROUGHTS.
Section 9503(b) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10363(b)) is amended--
(1) in paragraph (3)(D), by inserting ``and native
biodiversity'' after ``wildlife habitat''; and
(2) in paragraph (4)(B), by inserting ``and drought
biodiversity plans to address sustaining native biodiversity
during periods of drought'' after ``restoration plans''.
SEC. 203. REAUTHORIZATION OF COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
Section 6002 of the Omnibus Public Lands Management Act of 1976 (16
U.S.C. 1015a) is amended by striking subsection (g) and inserting the
following:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $20,000,000 for each of fiscal years 2012 through
2021; and
``(2) $40,000,000 for each of fiscal years 2022 through
2026.''.
SEC. 204. MULTIBENEFIT PROJECTS TO IMPROVE WATERSHED HEALTH.
(a) Definition of Eligible Applicant.--In this section, the term
``eligible applicant'' means--
(1) any Reclamation State, Indian Tribe, irrigation
district, water district, or organization with water or power
delivery authority;
(2) any Reclamation State, regional authority, or local
agency or authority; and
(3) any nonprofit conservation organization.
(b) Establishment of Competitive Grant Program.--Not later than 1
year after the date of enactment of this Act, the Secretary, in
consultation with the heads of relevant agencies, shall establish a
competitive grant program under which the Secretary shall award grants
to eligible applicants for the design, implementation, and monitoring
of conservation outcomes of habitat restoration projects that improve
watershed health in a Reclamation State by accomplishing 1 or more of
the following:
(1) Ecosystem benefits.
(2) Restoration of native species beyond existing or
planned measures necessary to comply with Federal or State laws
relating to species recovery.
(3) Mitigation against the impacts of climate change to
fish and wildlife habitats.
(4) Protection against invasive species.
(5) Restoration of aspects of the natural ecosystem.
(6) Enhancement of commercial or recreational fishing.
(7) Enhancement of river-based recreation, such as
kayaking, rafting, and canoeing.
(c) Requirements.--
(1) In general.--In awarding a grant to an eligible
applicant under subsection (b), the Secretary--
(A) shall give priority to an eligible applicant
that would carry out a habitat restoration project that
achieves more than 1 of the benefits described in that
subsection; and
(B) may not provide a grant to carry out a habitat
restoration project, the purpose of which is to meet
existing environmental mitigation or compliance
obligations under Federal or State law.
(2) Compliance.--A habitat restoration project awarded a
grant under subsection (a) shall comply with all applicable
Federal and State laws.
(d) Cost-Sharing Requirement.--The Federal share of the cost of any
habitat restoration project that is awarded a grant under subsection
(b)--
(1) shall not exceed 50 percent of the cost of the habitat
restoration project; or
(2) in the case of a habitat restoration project that
provides benefits to ecological or recreational values in which
the nonconsumptive water conservation benefit or habitat
restoration benefit accounts for at least 75 percent of the
cost of the habitat restoration project, as determined by the
Secretary, shall not exceed 75 percent of the cost of the
habitat restoration project.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 for each of fiscal
years 2022 through 2025.
SEC. 205. DROUGHT PLANNING AND PREPAREDNESS FOR CRITICALLY IMPORTANT
FISHERIES.
(a) Definitions.--In this section:
(1) Critically important fishery.--The term ``critically
important fishery'' means--
(A) a fishery located in a Reclamation State that
is commercially, culturally, or recreationally
important;
(B) a fishery located in a Reclamation State that
contains fish species that are listed as threatened or
endangered pursuant to the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(C) a fishery located in a Reclamation State that
is used by 1 or more Indian Tribes in the Reclamation
State for ceremonial subsistence or commercial
purposes.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(3) Qualified tribal government.--The term ``qualified
Tribal Government'' means any government of an Indian Tribe
that the Secretary determines--
(A) is involved in fishery management and recovery
activities, including activities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(B) has the management and organizational
capability to maximize the benefits of assistance
provided under subsection (c).
(4) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of the United States Fish and
Wildlife Service.
(b) Drought Plan for Critically Important Fisheries.--
(1) In general.--Not later than January 1, 2022, and every
3 years thereafter, the Secretary, in consultation with the
Director of the National Marine Fisheries Service, the
Commissioner of Reclamation, the Chief of Engineers, applicable
State fish and wildlife agencies, and qualified Tribal
Governments, shall prepare a plan to sustain the survival of
critically important fisheries during future periods of
extended drought through--
(A) voluntary, compensated actions by private
landowners and water right holders; or
(B) other investments in drought preparedness made
by the Secretary.
(2) Considerations.--In preparing the plan under paragraph
(1), the Secretary shall consider--
(A) habitat restoration efforts designed to provide
drought refugia and increased fishery resilience during
droughts;
(B) relocating the release location and timing of
hatchery fish to avoid predation and temperature
impacts;
(C) barging of hatchery release fish to improve
survival and reduce straying;
(D) coordination with water users, the Commissioner
of Reclamation, State fish and wildlife agencies,
qualified Tribal Governments, and interested public
water agencies regarding voluntary water transfers,
including through groundwater substitution activities,
to determine if water releases can be collaboratively
managed in a way that provides additional benefits for
critically important fisheries without negatively
impacting wildlife habitat;
(E) hatchery management modifications, such as
expanding hatchery production of fish during periods of
extended drought, if appropriate for a particular river
basin;
(F) hatchery retrofit projects, such as the
installation and operation of filtration equipment and
chillers, to reduce disease outbreak, egg mortality,
and other impacts of droughts in high water
temperatures;
(G) increasing rescue operations of upstream
migrating fish;
(H) improving temperature modeling and related
forecasted information to predict water management
impacts to the habitat of critically important
fisheries with a higher degree of accuracy than current
models;
(I) programs to reduce predation losses at
artificially created predation hot spots;
(J) habitat restoration efforts designed to provide
drought refugia and increased fisheries resilience
during droughts; and
(K) retrofitting existing water facilities to
provide improved temperature conditions for fish.
(c) Public Comment.--Before finalizing a plan under subsection (b),
the Secretary shall provide for a public comment period of not less
than 90 days.
(d) Authorization of Appropriations for Fish Recovery Efforts.--
There is authorized to be appropriated to the Secretary to carry out
fish, stream, and hatchery activities relating to fish recovery
efforts, including activities carried out in coordination with the
Director of the National Marine Fisheries Service, the Commissioner of
Reclamation, the Chief of Engineers, applicable State fish and wildlife
agencies, or a qualified Tribal Government, $25,000,000 for fiscal year
2022.
(e) Effect.--Nothing in this section affects any obligation under
any Federal environmental law.
SEC. 206. REAUTHORIZATION OF THE FISHERIES RESTORATION AND IRRIGATION
MITIGATION ACT OF 2000.
(a) Definition of Pacific Drainage Area.--Section 2(1) of the
Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C.
777 note; Public Law 106-502) is amended by inserting ``or a terminal
lake'' before the period at the end.
(b) Authorization of Appropriations.--Section 10(a) of the
Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C.
777 note; Public Law 106-502) is amended by striking ``$15 million
through 2021'' and inserting ``$25,000,000 for each of fiscal years
2022 through 2028''.
<all>
|
Water for Conservation and Farming Act
|
A bill to provide for drought preparedness and improved water supply reliability.
|
Water for Conservation and Farming Act
|
Sen. Wyden, Ron
|
D
|
OR
|
11,385
| 12,103
|
H.R.1200
|
Taxation
|
Stop Corporations and High Earners from Avoiding Taxes and Enforce the Rules Strictly Act or the Stop CHEATERS Act
This bill provides additional appropriations through FY2031 for the enforcement activities of the Internal Revenue Service and to increase audits yearly until 2025 to reach specified targets. It also provides additional appropriations for taxpayer services and operations support.
The bill establishes new reporting requirements for certain banks or other financial institutions and increases enforcement penalties for accuracy-related underpayments of tax up to a maximum of 40% of the underpayment for taxpayers with a taxable income greater than $5 million.
|
To provide appropriations for the Internal Revenue Service to overhaul
technology and strengthen enforcement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Corporations and High Earners
from Avoiding Taxes and Enforce the Rules Strictly Act'' or the ``Stop
CHEATERS Act''.
SEC. 2. POLICY OF CONGRESS.
It is the policy of Congress that--
(1) tax compliance, to raise revenue for national needs,
restore fairness, and protect the integrity of the tax system,
high-income United States citizens and corporations should pay
all of the taxes they owe,
(2) tax compliance, as indicated by the fraction of taxes
due that are reported and paid, should be comparable among
groups of taxpayers regardless of the legal entity,
(3) the Internal Revenue Service should be given resources
to increase audits and enforcement of tax compliance of high-
income individuals to reduce the tax gap, with an emphasis on
the auditing and enforcement of tax compliance by individuals
with gross income of not less than $1,000,000 and of large
corporations, and to modernize its technology in order to
better serve taxpayers and enforce the tax laws,
(4) pursuing non-filers is one of the most efficient
enforcement strategies of the Internal Revenue Service because
issuing non-filer notices can be a cost-effective tool that
requires little more than automated notices,
(5) priorities for actions and resources to improve
compliance should be guided by the relative revenue loss from
non-compliance,
(6) it should be the goal of the Internal Revenue Service
that, by the tenth tax year after the effective date of this
statute, the net tax gap, as measured by the fraction of taxes
that are due that are not reported and paid, should be reduced
by at least one-third, as compared with the fraction estimated
in the most recent Internal Revenue Service study prior to
enactment of this statute, and
(7) it should be the goal of the Internal Revenue Service
to provide quality, timely, and accurate assistance to all
taxpayers interacting with the Internal Revenue Service.
SEC. 3. ADDITIONAL APPROPRIATIONS FOR THE INTERNAL REVENUE SERVICE.
(a) Enforcement.--
(1) There is appropriated each amount listed in paragraph
(2) for additional amounts for the ``Department of the
Treasury--Internal Revenue Service--Enforcement'' account for
the salaries and expenses of additional staff to strengthen the
enforcement capacity of the IRS and increase audits yearly
until 2025 so that the following minimum targets are reached:
(A) 50 percent of individual tax returns with a
disclosed total income of not less than $10,000,000.
(B) 33 percent of individual tax returns with a
disclosed total income of not less than $5,000,000 and
less than $10,000,000.
(C) 20 percent of individual tax returns with a
disclosed total income of not less than $1,000,000 and
less than $5,000,000.
(D) 95 percent of corporations with more than
$20,000,000,000 in assets reported on Schedule L.
(E) 40 percent of returns reflecting taxes related
to estates larger than $10,000,000.
(F) 1.2 percent of returns reflecting taxes related
to gifts.
(G) 0.22 percent of tax returns filed by an
employer with respect to employee compensation.
(2) The amounts listed in this paragraph are the following:
(A) For fiscal year 2022, $2,000,000,000.
(B) For fiscal year 2023, $4,000,000,000.
(C) For fiscal year 2024, $5,000,000,000.
(D) For fiscal year 2025, $8,000,000,000.
(E) For fiscal year 2026, $8,500,000,000.
(F) For fiscal year 2027, $8,500,000,000.
(G) For fiscal year 2028, $8,500,000,000.
(H) For fiscal year 2029, $8,500,000,000.
(I) For fiscal year 2030, $8,500,000,000.
(J) For fiscal year 2031, $8,500,000,000.
(b) Taxpayer Services.--There are appropriated the following
additional amounts for the ``Department of the Treasury--Internal
Revenue Service--Taxpayer Services'' account to carry out this Act:
(1) For fiscal year 2022, $1,000,000,000.
(2) For fiscal year 2023, $1,000,000,000.
(3) For fiscal year 2024, $1,000,000,000.
(4) For fiscal year 2025, $2,500,000,000.
(5) For fiscal year 2026, $2,500,000,000.
(6) For fiscal year 2027, $2,500,000,000.
(7) For fiscal year 2028, $2,500,000,000.
(8) For fiscal year 2029, $2,500,000,000.
(9) For fiscal year 2030, $2,500,000,000.
(10) For fiscal year 2031, $2,500,000,000.
(c) Operations Support.--There are appropriated the following
additional amounts for the ``Department of the Treasury--Internal
Revenue Service--Operations Support'' account to overhaul outdated
technology of the IRS and improve the capacity of the IRS to detect
fraud related to income from a trade or business:
(1) For fiscal year 2022, $1,000,000,000.
(2) For fiscal year 2023, $1,000,000,000.
(3) For fiscal year 2024, $1,000,000,000.
(4) For fiscal year 2025, $1,000,000,000.
(5) For fiscal year 2026, $1,000,000,000.
(6) For fiscal year 2027, $1,000,000,000.
(7) For fiscal year 2028, $1,000,000,000.
(8) For fiscal year 2029, $1,000,000,000.
(9) For fiscal year 2030, $1,000,000,000.
(10) For fiscal year 2031, $1,000,000,000.
(d) Availability.--Each additional amount appropriated by this
section shall remain available until expended.
SEC. 4. RETURNS RELATING TO CERTAIN BUSINESS TRANSACTIONS.
(a) In General.--Subpart B of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 6050Z. RETURNS RELATING TO CERTAIN TRANSACTIONS.
``(a) Requirement of Reporting.--Any bank or other financial
institution prescribed by the Secretary by regulation which, in the
course of any calendar year, maintains an account for a covered
taxpayer shall make the information return described in subsection (b)
with respect to each such taxpayer at such time as the Secretary may by
regulations prescribe.
``(b) Return.--A return is described in this subsection if such
return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of the covered
taxpayer on behalf of whom such bank or financial
institution managed an account,
``(B) a summary report of total deposits received
and total withdrawals made in each such account of such
covered taxpayer, and
``(C) such other information as the Secretary may
require.
``(c) Covered Account.--
``(1) In general.--For purposes of this section, the term
`covered account' means any account belonging to a covered
taxpayer the Internal Revenue Service identifies to a bank or
financial institution via electronic communication with such
bank or financial institution.
``(2) Regulations and guidance.--The Secretary may
prescribe such regulations and other guidance as may be
appropriate or necessary to facilitate--
``(A) the identification of a covered account by
the Internal Revenue Service,
``(B) the exchange of electronic information
between the Internal Revenue Service and a bank or
financial institution, and
``(C) the reconciliation of covered accounts with
the tax return of a covered taxpayer.
``(d) Covered Taxpayer.--For purposes of this section, the term
`covered taxpayer' means--
``(1) an individual who, with respect to the applicable
taxable year--
``(A) has an adjusted gross income of $400,000 or
more, and
``(B) has any income that is not otherwise reported
on any other return or statement submitted to the
Internal Revenue Service by a third party, or
``(2) a pass-thru business entity, including a partnership
or S corporation, in which an individual described in paragraph
(1) has an ownership interest.
``(e) Statement To Be Furnished to Taxpayers With Respect to Whom
Information Is Required.--
``(1) In general.--Every bank or other financial
institution prescribed by the Secretary by regulation that is
required to make a return under subsection (a) shall furnish to
a covered taxpayer whose identity is required to be set forth
in such return a written statement showing the name, address,
and phone number of the information contact of the qualified
entity required to make such a return.
``(2) Furnishing of information.--The written statement
required under paragraph (1) shall be furnished to the taxpayer
on or before January 31 of the year following the calendar year
for which the return under subsection (a) is required to be
made.
``(f) Applicable Taxable Year.--For purposes of this section, the
term `applicable taxable year' means the taxable year ending in the
calendar year with respect to which a report is made under subsection
(a).
``(g) Regulations and Guidance.--The Secretary may prescribe such
regulations and other guidance as may be appropriate or necessary to
carry out the purposes of this section, including guidance that
facilitates the following objectives:
``(1) Annually on a date to be determined by the Secretary,
banks and financial institutions will provide to the Internal
Revenue Service an electronic file containing a complete list
of the accounts of covered taxpayers and their corresponding
taxpayer ID numbers.
``(2) The Secretary shall compare the files described in
paragraph (1) with the tax returns of taxpayers and use such
comparison to determine if a taxpayer is a covered taxpayer,
and inform the proper bank or financial institution if such
taxpayer is a covered taxpayer.
``(3) Banks and financial institutions shall issue a 1099
or other Form, as designated by the Secretary, to accounts
identified under paragraph (2).''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 61 of such Code is amended by adding at the end the following
new item:
``Sec. 6050Z. Returns relating to certain transactions.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 5. REPORTS TO CONGRESS.
Not later than 1 year after the date of the enactment of this Act
and every 2 years thereafter, the Commissioner of the Internal Revenue
Service, after consultation with the Comptroller General, shall submit
to Congress a report containing--
(1) a comprehensive description of--
(A) a plan to--
(i) shift more of the auditing and
enforcement assets of the Internal Revenue
Service toward high-income tax filers, and
(ii) recruit and retain auditors with the
skills essential to audit high-income
individuals, and
(B) the progress made in implementing such plan,
(2) an estimate of revenue loss from offshore tax evasion,
and
(3) information with respect to revenue loss due to such
tax evasion, organized by groups of taxpayers arranged by the
true income level of such taxpayers, as determined by the
Secretary.
SEC. 6. IRS ENFORCEMENT PENALTIES INCREASED FOR CERTAIN TAXPAYERS.
(a) In General.--Subsection (a) of section 6662 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) Imposition of Penalty.--
``(1) In general.--If this section applies to any portion
of an underpayment of tax required to be shown on a return,
there shall be added to the tax an amount equal to the
applicable percentage of the portion of the underpayment to
which this section applies.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means--
``(A) in the case of a taxpayer with a taxable
income of less than $2 million, 20 percent,
``(B) in the case of a taxpayer with a taxable
income greater than $2 million but less than $5
million, 30 percent, and
``(C) in the case of a taxpayer with a taxable
income greater than $5 million, 40 percent.''.
(b) Effective Date.--The amendment made by this section shall apply
to returns on the due date which (determined without regard to
extensions) is after December 31, 2022.
<all>
|
Stop CHEATERS Act
|
To provide appropriations for the Internal Revenue Service to overhaul technology and strengthen enforcement, and for other purposes.
|
Stop CHEATERS Act
Stop Corporations and High Earners from Avoiding Taxes and Enforce the Rules Strictly Act
|
Rep. Khanna, Ro
|
D
|
CA
|
11,386
| 8,247
|
H.R.5368
|
Energy
|
Investing in Energy Regions Act
This bill requires the Department of Energy (DOE) to establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land. Under the program, DOE must select no more than five projects that will be carried out in geographically diverse regions. At least two of the projects must be solar projects.
|
To direct the Secretary of Energy to establish a program to demonstrate
the technical and economic viability of carrying out clean energy
projects on current and former mine land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in Energy Regions Act''.
SEC. 2. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER MINE
LAND.
(a) Definitions.--In this section:
(1) Clean energy project.--The term ``clean energy
project'' means a project that demonstrates 1 or more of the
following technologies:
(A) Solar.
(B) Micro-grids.
(C) Geothermal.
(D) Direct air capture.
(E) Fossil-fueled electricity generation with
carbon capture, utilization, and sequestration.
(F) Energy storage, including pumped storage
hydropower and compressed air storage.
(G) Advanced nuclear technologies.
(H) Wind energy.
(2) Economically distressed area.--The term ``economically
distressed area'' means an area described in section 301(a) of
the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
(3) Mine land.--The term ``mine land'' means--
(A) land subject to titles IV and V of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231 et seq.; 30 U.S.C. 1251 et seq.); and
(B) land that has been claimed or patented subject
to sections 2319 through 2344 of the Revised Statutes
(commonly known as the ``Mining Law of 1872'') (30
U.S.C. 22 et seq.).
(4) Program.--The term ``program'' means the demonstration
program established under subsection (b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--The Secretary shall establish a program to
demonstrate the technical and economic viability of carrying out clean
energy projects on current and former mine land.
(c) Selection of Demonstration Projects.--
(1) In general.--In carrying out the program, the Secretary
shall select not more than 5 clean energy projects, to be
carried out in geographically diverse regions, at least two of
which shall be solar projects.
(2) Eligibility.--To be eligible to be selected for
participation in the program under paragraph (1), a clean
energy project shall demonstrate, as determined by the
Secretary, a technology on a current or former mine land site
with a reasonable expectation of commercial viability.
(3) Priority.--In selecting clean energy projects for
participation in the program under paragraph (1), the Secretary
shall prioritize clean energy projects that will--
(A) be carried out in a location where the greatest
number of jobs can be created from the successful
demonstration of the clean energy project;
(B) provide the greatest net impact in avoiding or
reducing greenhouse gas emissions;
(C) provide the greatest domestic job creation
(both directly and indirectly) during the
implementation of the clean energy project;
(D) provide the greatest job creation and economic
development in the vicinity of the clean energy
project, particularly--
(i) in economically distressed areas; and
(ii) with respect to dislocated workers who
were previously employed in manufacturing, coal
power plants, or coal mining;
(E) have the greatest potential for technological
innovation and commercial deployment;
(F) have the lowest levelized cost of generated or
stored energy;
(G) have the lowest rate of greenhouse gas
emissions per unit of electricity generated or stored;
and
(H) have the shortest project time from permitting
to completion.
(4) Project selection.--The Secretary shall solicit
proposals for clean energy projects and select clean energy
project finalists in consultation with the Secretary of the
Interior, the Administrator of the Environmental Protection
Agency, and the Secretary of Labor.
(5) Compatibility with existing operations.--Prior to
selecting a clean energy project for participation in the
program under paragraph (1), the Secretary shall consult with,
as applicable, mining claimholders or operators or the relevant
Office of Surface Mining Reclamation and Enforcement Abandoned
Mine Land program office to confirm--
(A) that the proposed project is compatible with
any current mining, exploration, or reclamation
activities; and
(B) the valid existing rights of any mining
claimholders or operators.
(d) Prevailing Wages.--To be eligible to be selected for
participation in the program under subsection (c)(1), a project
applicant for a clean energy project shall submit to the Secretary a
written assurance that all laborers and mechanics employed by any
contractor or subcontractor in the performance of work funded directly,
or assisted in whole or in part, by the Federal Government pursuant to
this Act shall be paid wages at rates not less than those prevailing on
work of a similar character in the locality, as determined by the
Secretary of Labor under subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the Davis-Bacon Act). With
respect to the labor standards in this subsection, the Secretary of
Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 3145 of title 40, United States Code.
(e) Consultation.--The Secretary shall consult with the Director of
the Office of Surface Mining Reclamation and Enforcement and the
Administrator of the Environmental Protection Agency, acting through
the Office of Brownfields and Land Revitalization, to determine whether
it is necessary to promulgate regulations or issue guidance in order to
prioritize and expedite the siting of clean energy projects on current
and former mine land sites.
(f) Technical Assistance.--The Secretary shall provide technical
assistance to project applicants selected for participation in the
program under subsection (c) to assess the needed interconnection,
transmission, and other grid components and permitting and siting
necessary to interconnect, on current and former mine land where the
project will be sited, any generation or storage with the electric
grid.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000,000
for the period of fiscal years 2022 through 2026.
<all>
|
Investing in Energy Regions Act
|
To direct the Secretary of Energy to establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land, and for other purposes.
|
Investing in Energy Regions Act
|
Rep. Lamb, Conor
|
D
|
PA
|
11,387
| 14,880
|
H.R.3173
|
Health
|
Improving Seniors' Timely Access to Care Act of 2022
This bill establishes several requirements and standards relating to prior authorization processes under Medicare Advantage (MA) plans.
Specifically, MA plans must (1) establish an electronic prior authorization program that meets specified standards, including the ability to provide real-time decisions in response to requests for items and services that are routinely approved; (2) annually publish specified prior authorization information, including the percentage of requests approved and the average response time; and (3) meet other standards, as set by the Centers for Medicare & Medicaid Services, relating to the quality and timeliness of prior authorization determinations.
|
To amend title XVIII of the Social Security Act to establish
requirements with respect to the use of prior authorization under
Medicare Advantage plans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Seniors' Timely Access to
Care Act of 2022''.
SEC. 2. ESTABLISHING REQUIREMENTS WITH RESPECT TO THE USE OF PRIOR
AUTHORIZATION UNDER MEDICARE ADVANTAGE PLANS.
(a) In General.--Section 1852 of the Social Security Act (42 U.S.C.
1395w-22) is amended by adding at the end the following new subsection:
``(o) Prior Authorization Requirements.--
``(1) In general.--In the case of a Medicare Advantage plan
that imposes any prior authorization requirement with respect
to any applicable item or service (as defined in paragraph (5))
during a plan year, such plan shall--
``(A) beginning with the third plan year beginning
after the date of the enactment of this subsection--
``(i) establish the electronic prior
authorization program described in paragraph
(2); and
``(ii) meet the enrollee protection
standards specified pursuant to paragraph (4);
and
``(B) beginning with the fourth plan year beginning
after the date of the enactment of this subsection,
meet the transparency requirements specified in
paragraph (3).
``(2) Electronic prior authorization program.--
``(A) In general.--For purposes of paragraph
(1)(A), the electronic prior authorization program
described in this paragraph is a program that provides
for the secure electronic transmission of--
``(i) a prior authorization request from a
provider of services or supplier to a Medicare
Advantage plan with respect to an applicable
item or service to be furnished to an
individual and a response, in accordance with
this paragraph, from such plan to such provider
or supplier; and
``(ii) any attachment relating to such
request or response.
``(B) Electronic transmission.--
``(i) Exclusions.--For purposes of this
paragraph, a facsimile, a proprietary payer
portal that does not meet standards specified
by the Secretary, or an electronic form shall
not be treated as an electronic transmission
described in subparagraph (A).
``(ii) Standards.--An electronic
transmission described in subparagraph (A)
shall comply with--
``(I) applicable technical
standards adopted by the Secretary
pursuant to section 1173; and
``(II) other requirements to
promote the standardization and
streamlining of electronic transactions
under this part specified by the
Secretary.
``(iii) Deadline for specification of
additional requirements.--Not later than July
1, 2023, the Secretary shall finalize
requirements described in clause (ii)(II).
``(C) Real-time decisions.--
``(i) In general.--Subject to clause (iv),
the program described in subparagraph (A) shall
provide for real-time decisions (as defined by
the Secretary in accordance with clause (v)) by
a Medicare Advantage plan with respect to prior
authorization requests for applicable items and
services identified by the Secretary pursuant
to clause (ii) if such requests are submitted
with all medical or other documentation
required by such plan.
``(ii) Identification of items and
services.--
``(I) In general.--For purposes of
clause (i), the Secretary shall
identify, not later than the date on
which the initial announcement
described in section 1853(b)(1)(B)(i)
for the third plan year beginning after
the date of the enactment of this
subsection is required to be announced,
applicable items and services for which
prior authorization requests are
routinely approved.
``(II) Updates.--The Secretary
shall consider updating the applicable
items and services identified under
subclause (I) based on the information
described in paragraph (3)(A)(i) (if
available and determined practicable to
utilize by the Secretary) and any other
information determined appropriate by
the Secretary not less frequently than
biennially. The Secretary shall
announce any such update that is to
apply with respect to a plan year not
later than the date on which the
initial announcement described in
section 1853(b)(1)(B)(i) for such plan
year is required to be announced.
``(iii) Request for information.--The
Secretary shall issue a request for information
for purposes of initially identifying
applicable items and services under clause
(ii)(I).
``(iv) Exception for extenuating
circumstances.--In the case of a prior
authorization request submitted to a Medicare
Advantage plan for an individual enrolled in
such plan during a plan year with respect to an
item or service identified by the Secretary
pursuant to clause (ii) for such plan year,
such plan may, in lieu of providing a real-time
decision with respect to such request in
accordance with clause (i), delay such decision
under extenuating circumstances (as specified
by the Secretary), provided that such decision
is provided no later than 72 hours after
receipt of such request (or, in the case that
the provider of services or supplier submitting
such request has indicated that such delay may
seriously jeopardize such individual's life,
health, or ability to regain maximum function,
no later than 24 hours after receipt of such
request).
``(v) Definition of real-time decision.--In
establishing the definition of a real-time
decision for purposes of clause (i), the
Secretary shall take into account current
medical practice, technology, health care
industry standards, and other relevant
information relating to how quickly a Medicare
Advantage plan may provide responses with
respect to prior authorization requests.
``(vi) Implementation.--The Secretary shall
use notice and comment rulemaking for each of
the following:
``(I) Establishing the definition
of a `real-time decision' for purposes
of clause (i).
``(II) Updating such definition.
``(III) Initially identifying
applicable items or services pursuant
to clause (ii)(I).
``(IV) Updating applicable items
and services so identified as described
in clause (ii)(II).
``(3) Transparency requirements.--
``(A) In general.--For purposes of paragraph
(1)(B), the transparency requirements specified in this
paragraph are, with respect to a Medicare Advantage
plan, the following:
``(i) The plan, annually and in a manner
specified by the Secretary, shall submit to the
Secretary the following information:
``(I) A list of all applicable
items and services that were subject to
a prior authorization requirement under
the plan during the previous plan year.
``(II) The percentage and number of
specified requests (as defined in
subparagraph (F)) approved during the
previous plan year by the plan in an
initial determination and the
percentage and number of specified
requests denied during such plan year
by such plan in an initial
determination (both in the aggregate
and categorized by each item and
service).
``(III) The percentage and number
of specified requests submitted during
the previous plan year that were made
with respect to an item or service
identified by the Secretary pursuant to
paragraph (2)(C)(ii) for such plan
year, and the percentage and number of
such requests that were subject to an
exception under paragraph (2)(C)(iv)
(categorized by each item and service).
``(IV) The percentage and number of
specified requests submitted during the
previous plan year that were made with
respect to an item or service
identified by the Secretary pursuant to
paragraph (2)(C)(ii) for such plan year
that were approved (categorized by each
item and service).
``(V) The percentage and number of
specified requests that were denied
during the previous plan year by the
plan in an initial determination and
that were subsequently appealed.
``(VI) The number of appeals of
specified requests resolved during the
preceding plan year, and the percentage
and number of such resolved appeals
that resulted in approval of the
furnishing of the item or service that
was the subject of such request,
categorized by each applicable item and
service and categorized by each level
of appeal (including judicial review).
``(VII) The percentage and number
of specified requests that were denied,
and the percentage and number of
specified requests that were approved,
by the plan during the previous plan
year through the utilization of
decision support technology, artificial
intelligence technology, machine-
learning technology, clinical decision-
making technology, or any other
technology specified by the Secretary.
``(VIII) The average and the median
amount of time (in hours) that elapsed
during the previous plan year between
the submission of a specified request
to the plan and a determination by the
plan with respect to such request for
each such item and service, excluding
any such requests that were not
submitted with the medical or other
documentation required to be submitted
by the plan.
``(IX) The percentage and number of
specified requests that were excluded
from the calculation described in
subclause (VIII) based on the plan's
determination that such requests were
not submitted with the medical or other
documentation required to be submitted
by the plan.
``(X) Information on each
occurrence during the previous plan
year in which, during a surgical or
medical procedure involving the
furnishing of an applicable item or
service with respect to which such plan
had approved a prior authorization
request, the provider of services or
supplier furnishing such item or
service determined that a different or
additional item or service was
medically necessary, including a
specification of whether such plan
subsequently approved the furnishing of
such different or additional item or
service.
``(XI) A disclosure and description
of any technology described in
subclause (VII) that the plan utilized
during the previous plan year in making
determinations with respect to
specified requests.
``(XII) The number of grievances
(as described in subsection (f))
received by such plan during the
previous plan year that were related to
a prior authorization requirement.
``(XIII) Such other information as
the Secretary determines appropriate.
``(ii) The plan shall provide--
``(I) to each provider or supplier
who seeks to enter into a contract with
such plan to furnish applicable items
and services under such plan, the list
described in clause (i)(I) and any
policies or procedures used by the plan
for making determinations with respect
to prior authorization requests;
``(II) to each such provider and
supplier that enters into such a
contract, access to the criteria used
by the plan for making such
determinations and an itemization of
the medical or other documentation
required to be submitted by a provider
or supplier with respect to such a
request; and
``(III) to an enrollee of the plan,
upon request, access to the criteria
used by the plan for making
determinations with respect to prior
authorization requests for an item or
service.
``(B) Option for plan to provide certain additional
information.--As part of the information described in
subparagraph (A)(i) provided to the Secretary during a
plan year, a Medicare Advantage plan may elect to
include information regarding the percentage and number
of specified requests made with respect to an
individual and an item or service that were denied by
the plan during the preceding plan year in an initial
determination based on such requests failing to
demonstrate that such individuals met the clinical
criteria established by such plan to receive such items
or services.
``(C) Regulations.--The Secretary shall, through
notice and comment rulemaking, establish requirements
for Medicare Advantage plans regarding the provision
of--
``(i) access to criteria described in
subparagraph (A)(ii)(II) to providers of
services and suppliers in accordance with such
subparagraph; and
``(ii) access to such criteria to enrollees
in accordance with subparagraph (A)(ii)(III).
``(D) Publication of information.--The Secretary
shall publish information described in subparagraph
(A)(i) and subparagraph (B) on a public website of the
Centers for Medicare & Medicaid Services. Such
information shall be so published on an individual plan
level and may in addition be aggregated in such manner
as determined appropriate by the Secretary.
``(E) Medpac report.--Not later than 3 years after
the date information is first submitted under
subparagraph (A)(i), the Medicare Payment Advisory
Commission shall submit to Congress a report on such
information that includes a descriptive analysis of the
use of prior authorization. As appropriate, the
Commission should report on statistics including the
frequency of appeals and overturned decisions. The
Commission shall provide recommendations, as
appropriate, on any improvement that should be made to
the electronic prior authorization programs of Medicare
Advantage plans.
``(F) Specified request defined.--For purposes of
this paragraph, the term `specified request' means a
prior authorization request made with respect to an
applicable item or service.
``(4) Enrollee protection standards.--For purposes of
paragraph (1)(A)(ii), the Secretary shall, through notice and
comment rulemaking, specify the following enrollee protection
standards with respect to the use of prior authorization by
Medicare Advantage plans for applicable items and services:
``(A) Adoption of transparent prior authorization
programs developed in consultation with enrollees and
with providers and suppliers with contracts in effect
with such plans for furnishing such items and services
under such plans;
``(B) Allowing for the waiver or modification of
prior authorization requirements based on the
performance of such providers and suppliers in
demonstrating compliance with such requirements, such
as adherence to evidence-based medical guidelines and
other quality criteria; and
``(C) Conducting annual reviews of such items and
services for which prior authorization requirements are
imposed under such plans through a process that takes
into account input from enrollees and from providers
and suppliers with such contracts in effect and is
based on consideration of prior authorization data from
previous plan years and analyses of current coverage
criteria.
``(5) Applicable item or service.--For purposes of this
subsection, the term `applicable item or service' means, with
respect to a Medicare Advantage plan, any item or service for
which benefits are available under such plan, other than a
covered part D drug.
``(6) Reports to congress.--
``(A) GAO.--Not later than the end of the fourth
plan year beginning on or after the date of the
enactment of this subsection, the Comptroller General
of the United States shall submit to Congress a report
containing an evaluation of the implementation of the
requirements of this subsection and an analysis of
issues in implementing such requirements faced by
Medicare Advantage plans.
``(B) HHS.--Not later than the end of the fifth
plan year beginning after the date of the enactment of
this subsection, and biennially thereafter through the
date that is 10 years after such date of enactment, the
Secretary shall submit to Congress a report containing
a description of the information submitted under
paragraph (3)(A)(i) during--
``(i) in the case of the first such report,
the fourth plan year beginning after the date
of the enactment of this subsection; and
``(ii) in the case of a subsequent report,
the 2 plan years preceding the year of the
submission of such report.''.
(b) Ensuring Timely Responses for All Prior Authorization Requests
Submitted Under Part C.--Section 1852(g) of the Social Security Act (42
U.S.C. 1395w-22(g)) is amended--
(1) in paragraph (1)(A), by inserting ``and in accordance
with paragraph (6)'' after ``paragraph (3)'';
(2) in paragraph (3)(B)(iii), by inserting ``(or, subject
to subsection (o), with respect to prior authorization requests
submitted on or after the first day of the third plan year
beginning after the date of the enactment of the Improving
Seniors' Timely Access to Care Act of 2022, not later than 24
hours)'' after ``72 hours''.
(3) by adding at the end the following new paragraph:
``(6) Timeframe for response to prior authorization
requests.--Subject to paragraph (3) and subsection (o), in the
case of an organization determination made with respect to a
prior authorization request for an item or service to be
furnished to an individual submitted on or after the first day
of the third plan year beginning after the date of the
enactment of this paragraph, the organization shall notify the
enrollee (and the physician involved, as appropriate) of such
determination no later than 7 days (or such shorter timeframe
as the Secretary may specify through notice and comment
rulemaking, taking into account enrollee and stakeholder
feedback) after receipt of such request.''.
SEC. 3. FUNDING.
The Secretary of Health and Human Services shall provide for the
transfer, from the Federal Hospital Insurance Trust Fund established
under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the
Federal Supplementary Medical Insurance Trust Fund established under
section 1841 of such Act (42 U.S.C. 1395t) (in such proportion as
determined appropriate by the Secretary) to the Centers for Medicare &
Medicaid Services Program Management Account, of $25,000,000 for fiscal
year 2022, to remain available until expended, for purposes of carrying
out the amendments made by this Act.
Passed the House of Representatives September 14, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.
|
Improving Seniors’ Timely Access to Care Act of 2021
|
To amend title XVIII of the Social Security Act to establish requirements with respect to the use of prior authorization under Medicare Advantage plans, and for other purposes.
|
Improving Seniors’ Timely Access to Care Act of 2022
Improving Seniors’ Timely Access to Care Act of 2021
|
Rep. DelBene, Suzan K.
|
D
|
WA
|
11,388
| 13,582
|
H.R.1006
|
Crime and Law Enforcement
|
Gun Show Loophole Closing Act of 2021
This bill establishes new requirements regarding firearm transfers at gun shows.
Specifically, the bill requires the following:
|
To require criminal background checks on all firearms transactions
occurring at gun shows.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Show Loophole Closing Act of
2021''.
SEC. 2. GUN SHOW BACKGROUND CHECK.
(a) Findings.--The Congress finds that--
(1) approximately 5,200 traditional gun shows are held
annually across the United States, attracting thousands of
attendees per show and hundreds of Federal firearms licensees
and unlicensed firearms sellers; and
(2) gun shows at which firearms are exhibited or offered
for sale or exchange provide a convenient and centralized
commercial location where criminals and other prohibited
persons obtain firearms without background checks and without
records that enable firearm tracing.
(b) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(36) Gun Show.--The term `gun show'--
``(A) means any event at which 50 or more firearms are
offered or exhibited for sale, exchange, or transfer, if 1 or
more of the firearms has been shipped or transported in, or
otherwise affects, interstate or foreign commerce;
``(B) does not include an offer or exhibit of firearms for
sale, exchange, or transfer by an individual from the personal
collection of that individual, at the private residence of that
individual, if the individual is not required to be licensed
under section 923; and
``(C) does not include an offer or exhibit of firearms for
sale, exchange, or transfer at events--
``(i) where not more than 100 firearms are offered
or exhibited for sale, exchange or transfer;
``(ii) that are conducted by private, not-for-
profit organizations whose primary purpose is owning
and maintaining real property for the purpose of
hunting activities; and
``(iii) that are attended only by permanent or
annual dues-paying members of the organizations, and
the members of the immediate families of the dues-
paying members.
``(37) Gun Show Vendor.--The term `gun show vendor' means a person
who is not licensed under section 923 and who exhibits, sells, offers
for sale, transfers, or exchanges a firearm at a gun show, regardless
of whether or not the person arranges with the gun show operator for a
fixed location from which to exhibit, sell, offer for sale, transfer,
or exchange the firearm.''.
(c) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of such title is amended by
adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Operators.--It shall be unlawful for
a person to operate a gun show, unless--
``(1) the person has attained 21 years of age;
``(2) the person (and, if the person is a corporation,
partnership, or association, each individual possessing,
directly or indirectly, the power to direct or cause the
direction of the management and policies of the corporation,
partnership, or association) is not prohibited by subsection
(g) or (n) of section 922 from transporting, shipping, or
receiving firearms or ammunition in interstate or foreign
commerce;
``(3) the person has not willfully violated any provision
of this chapter or regulation issued under this chapter;
``(4) the person has registered with the Attorney General
as a gun show operator, in accordance with regulations
promulgated by the Attorney General, and as part of the
registration--
``(A) has provided the Attorney General with a
photograph and the fingerprints of the person; and
``(B) has certified that the person meets the
requirements of subparagraphs (A) through (D) of
section 923(d)(1);
``(5) the person has not willfully failed to disclose any
material information required, and has not made any false
statement as to any material fact, in connection with the
registration; and
``(6) the person has paid the Attorney General a fee for
the registration, in an amount determined by the Attorney
General.
``(b) Responsibilities of Gun Show Operators.--
``(1) In general.--It shall be unlawful for a person to
operate a gun show, unless the person--
``(A) not later than 30 days before the
commencement of the gun show, notifies the Attorney
General, in writing, of the date, time, duration, and
location of the gun show, and the identity of each
person who will be a gun show vendor at the gun show;
``(B) before commencement of the gun show--
``(i) verifies the identity of each
individual who will be a gun show vendor at the
gun show by examining a valid identification
document (as defined in section 1028(d)(3)) of
the individual containing a photograph of the
individual; and
``(ii) requires each such individual to
sign--
``(I) a ledger, and enter into the
ledger identifying information
concerning the individual; and
``(II) a notice which sets forth
the obligations of a gun show vendor
under this chapter; and
``(C) notifies each person who attends the gun show
of the requirements of this chapter, in accordance with
such regulations as the Attorney General shall
prescribe.
``(2) Recordkeeping.--A person who operates, or has
operated, a gun show shall maintain records demonstrating
compliance with paragraph (1)(B), at such place, for such
period of time, and in such form as the Attorney General shall
require by regulation, or transmit the records to the Attorney
General.
``(c) Background Check Required Before Transfer of Firearm Between
Unlicensed Persons.--It shall be unlawful for a person who is not
licensed under this chapter to transfer possession of, or title to, a
firearm at, or on the curtilage of, a gun show, to another person who
is not so licensed, or for a person who is not so licensed to receive
possession of, or title to, a firearm at, or on the curtilage of, a gun
show from another person who is not so licensed, unless a licensed
importer, licensed manufacturer, or licensed dealer--
``(1) has entered into a separate bound record the make,
model, and serial number of the firearm, and such other
information about the transaction as the Attorney General may
require by regulation; and
``(2) has notified the prospective transferor and
prospective transferee of the firearm that the national instant
criminal background check system established under section 103
of the Brady Handgun Violence Prevention Act has provided the
licensee with a unique identification number, indicating that
receipt of the firearm by the prospective transferee would not
violate section 922 of this title or State law.
``(d) Recordkeeping Requirements.--
``(1) In general.--A licensee who provides a notice
pursuant to subsection (c)(2) with respect to the transfer of a
firearm shall--
``(A) not later than 10 days after the date of the
transfer, submit to the Attorney General a report of
the transfer, which report shall specify the make,
model, and serial number of the firearm, and contain
such other information and be on such form, as the
Attorney General shall require by regulation, except
that the report shall not include the name of or other
identifying information relating to any person involved
in the transfer who is not licensed under this chapter;
and
``(B) retain a record of the transfer, including
the same information as would be required if the
transfer were from the inventory of the licensee, as
part of the permanent business records of the licensee.
``(2) Limitation.--The Attorney General may not impose any
recordkeeping requirement on any gun show vendor by reason of
this section.''.
(2) Penalties.--Section 924(a) of such title is amended by
adding at the end the following:
``(8)(A) Whoever knowingly violates subsection (a) or (d) of
section 932 shall be fined under this title, imprisoned not more than 5
years, or both.
``(B) Whoever knowingly violates subsection (b) or (c) of section
932, shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
fined under this title, imprisoned not more than 5 years, or
both.
``(C) In addition to any other penalties imposed under this
paragraph, the Attorney General may, with respect to any person who
knowingly violates any provision of section 932--
``(i) if the person is registered pursuant to section
932(a), after notice and opportunity for a hearing, suspend for
not more than 6 months or revoke the registration of that
person under section 932(a); and
``(ii) impose a civil fine in an amount equal to not more
than $10,000.''.
(3) Clerical amendment.--The table of contents for such
chapter is amended by adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows.''.
(d) Inspection Authority.--Section 923(g)(1) of such title is
amended by adding at the end the following:
``(E) Notwithstanding subparagraph (B) of this paragraph, the
Attorney General may enter during business hours any place where a gun
show operator operates a gun show or is required to maintain records
pursuant to section 932(b)(2), for purposes of examining the records
required by sections 923 and 932 and the inventory of licensees
conducting business at the gun show. The entry and examination shall be
conducted for the purposes of determining compliance with this chapter
by gun show operators and licensees conducting business at the gun
show, and shall not require a showing of reasonable cause or a
warrant.''.
(e) Reports of Multiple Sales Assisted by Licensees at Gun Shows.--
Section 923(g)(3)(A) of such title is amended by inserting ``or
provides pursuant to section 932(c)(2) notice with respect to,'' after
``sells or otherwise disposes of,''.
(f) Increased Penalties for Serious Recordkeeping Violations by
Licensees.--Section 924(a)(3) of such title is amended to read as
follows:
``(3)(A) Except as provided in subparagraph (B), any licensed
dealer, licensed importer, licensed manufacturer, or licensed collector
who knowingly makes any false statement or representation with respect
to the information required by this chapter to be kept in the records
of a person licensed under this chapter, or violates section 922(m),
shall be fined under this title, imprisoned not more than 1 year, or
both.
``(B) If the violation described in subparagraph (A) is in relation
to an offense--
``(i) under paragraph (1) or (3) of section 922(b), such
person shall be fined under this title, imprisoned not more
than 5 years, or both; or
``(ii) under subsection (a)(6) or (d) of section 922, such
person shall be fined under this title, imprisoned not more
than 10 years, or both.''.
(g) Increased Penalties for Violations of Criminal Background Check
Requirements.--
(1) Penalties.--Section 924(a)(5) of such title is
amended--
(A) by striking ``subsection (s) or (t) of section
922'' and inserting ``section 922(t)''; and
(B) by striking ``1'' and inserting ``5''.
(2) Elimination of certain elements of offense.--Section
922(t)(5) of such title is amended by striking ``and, at the
time'' and all that follows through ``State law''.
(h) Authority To Hire Personnel To Inspect Gun Shows.--The Director
of the Bureau of Alcohol, Tobacco, Firearms and Explosives may hire at
least 40 additional Industry Operations Investigators for the purpose
of carrying out inspections of gun shows (as defined in section
921(a)(36) of title 18, United States Code).
(i) Report to the Congress.--The Director of the Bureau of Alcohol,
Tobacco, Firearms and Explosives shall submit biennial reports to the
Congress on how firearms (as defined in section 921(a)(3) of title 18,
United States Code) are sold at gun shows (as defined in paragraph (36)
of such section), how this section is being carried out, whether
firearms are being sold without background checks conducted by the
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act, what
resources are needed to carry out this section, and any recommendations
for improvements to ensure that firearms are not sold without the
background checks.
(j) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act.
<all>
|
Gun Show Loophole Closing Act of 2021
|
To require criminal background checks on all firearms transactions occurring at gun shows.
|
Gun Show Loophole Closing Act of 2021
|
Rep. Maloney, Carolyn B.
|
D
|
NY
|
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