[Congressional Record Volume 167, Number 106 (Thursday, June 17, 2021)]
[Senate]
[Pages S4625-S4630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION

      By Mrs. FEINSTEIN (for herself and Ms. Collins):
  S. 2100. A bill to amend the Federal Food, Drug, and Cosmetic Act to 
ensure the safety of cosmetics; to the Committee on Health, Education, 
Labor, and Pensions.
  Mrs. FEINSTEIN. Mr. President, I am pleased to introduce bipartisan 
legislation with Senator Collins today to improve safety standards on 
products that affect every single American household. Most people 
assume that the personal care products they use every day are safe, 
whether it is shampoo or shaving cream, lotion or make-up, hair dye or 
deodorant.
  In reality, however, these products are not approved by the Food and 
Drug Administration for safety before being sold, and the FDA's 
authority to regulate these products are sorely outdated. In fact, it's 
been more than eighty years since the law has changed on how oversight 
is conducted for these products. It is time to finally bring the FDA 
into the 21st century.
  For the better part of a decade, Senator Collins and I have worked 
with a wide variety of stakeholders that represent industry, consumers, 
and health groups. Together, we introduce this Personal Care Products 
Safety bill with the support and input of these groups to implement 
commonsense and feasible measures.
  One of the most critical components of this legislation is providing 
FDA with mandatory recall authority over these products. Without this 
authority, the agency has few options to ensure consumer safety.
  For example, in 2019, the FDA discovered asbestos in make-up marketed 
to children and teens at a popular chain store. After the FDA requested 
that these products stop being sold, the company refused to comply with 
the request. Lacking the authority to mandate a recall, FDA was left 
with the only option of warning consumers not to use these products. 
This is simply unacceptable.
  Under our bill, the FDA could remove these harmful products from the 
marketplace--whether at your local pharmacy or mall, or online. Perhaps 
even more importantly, our bill would set forth regulations to outline 
good manufacturing practices for personal care products and prevent 
harmful products from ever being sold.
  Our bill would also require companies to register with the FDA so 
that the agency knows who is manufacturing personal care products and 
where they are being made before arriving in stores. Companies would 
also be required to disclose their list of ingredients, attest that 
they have safety records for their products, and report serious adverse 
events, such as infections that required medical treatment, to FDA 
within 15 days after being notified that one occurred.
  This bill would also require the FDA to evaluate at least five 
ingredients per year for safety and whether they should be used in 
personal care products. There would be opportunities for companies, 
scientists, consumer groups, medical professionals, and other members 
of the public to weigh in not only on the safety of particular 
ingredients but also which ingredients should be a priority for review.
  As I've said before, the ``Personal Care Products Safety Act'' is the 
result of many diverse groups working together to ensure businesses are 
able to provide the safest products possible to consumers. As such, 
this legislation also recognizes the needs of small businesses and 
provides flexibility to ensure they are able to comply with these new 
regulations while also upholding strong safety standards that protect 
consumers.
  I am pleased that this legislation has the support of a broad 
coalition, including the Environmental Working Group, Beautycounter, 
Estee Lauder, Unilever, Johnson & Johnson, Revlon, L'Oreal USA, 
American Academy of Pediatrics, American Cancer Society Cancer Action 
Network, the Association of Maternal & Child Health Programs, the 
Endocrine Society, March of Dimes, National Alliance for Hispanic 
Health, the National Women's Health Network, Au Naturale Cosmetics, 
Burt's Bees Company, The Clorox Company, the Handcrafted Soap and 
Cosmetic Guild, and Procter & Gamble.
  I want to thank Senator Collins for her support as well as her staff 
for their hard work on this important legislation. I urge my colleagues 
to join us in modernizing our outdated regulatory system for personal 
care products, and I hope the Senate will finally pass this long 
overdue legislation this year.
  Thank you Madam President. I yield the Floor.
                                 ______
                                 
      By Mr. PADILLA:
  S. 2103. A bill to amend the Revised Statutes of the United States to 
hold certain public employers liable in civil actions for deprivation 
of rights, and for other purposes; to the Committee on the Judiciary.
  Mr. PADILLA. Mr. President, I rise to introduce the ``Accountability 
for Federal Law Enforcement Act.''
  This legislation recognizes the need to hold bad actors accountable--
period.
  In order to build trust in our system of justice, we must allow 
individuals the right to sue Federal law enforcement agencies when the 
actions of

[[Page S4626]]

their officers lead to a violation of rights.
  This legislation would provide a right of action for an individual to 
sue a Federal law enforcement officer and agency for harm resulting 
from a violation of their civil and constitutional rights.
  42 USC Sec. 1983 currently provides this right of action for state 
and local law enforcement officers who violate a person's rights. 
However, there is currently no statutory equivalent that extends this 
right to incidents involving federal law enforcement officers and 
agencies.
  Because Americans lack this right, there is a gap in accountability 
that urgently needs to be filled. This legislation fills that gap by 
allowing individuals to sue federal officers, just as they can sue 
state and local officers. It would also allow individuals to sue 
federal law enforcement agencies. The United States Supreme Court has 
recognized that the federal government will not be liable in suit 
unless it waives its immunity and consents. This legislation recognizes 
the need for such a waiver.
  While extending this right will not automatically end all cases of 
abuse by certain law enforcement officers, it will give the American 
people an important tool to fight against injustice while also 
demonstrating that the time is now to address police brutality.
  While the United States Supreme Court has addressed the absence of a 
right of action against Federal officers before, the scope of the 
provided ``remedy'' has been kept extremely narrow. Without a statute 
in place, this right will continue to be under-utilized and could 
disappear whenever the Court sees fit.
  Americans deserve better. We all deserve to have our constitutional 
rights respected, and we deserve a system that will hold bad actors 
accountable. This is too urgent a need to go unaddressed.
  Public safety is a two-way street. We, as citizens, honor our 
officers and trust law enforcement to keep our streets safe and 
peaceful. In return, we expect officers to be held to account for bad 
behavior. Anything less undermines public safety.
  I look forward to working with my colleagues to pass the 
``Accountability for Federal Law Enforcement Act'' as quickly as 
possible.
  Thank you, Mr. President. I yield the floor.
                                 ______
                                 
      By Mr. WYDEN (for himself, Mr. Cassidy, Mr. Brown, Ms. Klobuchar, 
        Mr. Sanders, Mr. Leahy, Mr. Merkley, and Mr. Casey):
  S. 2108. A bill to amend title II of the Social Security Act to 
eliminate work disincentives for childhood disability beneficiaries; to 
the Committee on Finance.
  Mr. WYDEN. Madam President, one topic there is much agreement on is 
the benefits of work, and our laws should support those who want to 
work. The bill I am introducing today will change Social Security so 
that parents and their children will know that working will never 
disadvantage them in the future.
  Let me explain the problem. Under current law, a child with a 
disability that began before age 22 may receive a Social Security 
benefit based on the work of a disabled, retired or deceased parent. 
Often the child receives this benefit for the rest of their life. 
Social Security provides the benefit because the child is usually 
dependent on their parents for financial support. The problem is that 
the law regards earnings by the child above $1,310 a month as ending 
that dependency--even if the child is no longer able to maintain that 
level of work in the future. When that dependency ends, the child 
ceases to be eligible for the benefit from the parent. Instead, the 
child would receive a benefit based on their work. The benefit from the 
parent's work is often significantly larger than the child's own 
benefit. Because of this policy, parents of children with disabilities 
may prevent their child from working at their full potential, fearing 
that the work will cause the child to lose out on the larger benefit. 
We need to change Social Security to ensure parents and their children 
that working will not cause them to be worse off in the future.
  To provide that assurance, I am introducing the Work Without Worry 
Act. The bill ensures that any individual with a disability that began 
before age 22 will receive the larger of the benefit from either their 
parent's work or the benefit from their own work. Any earnings from 
work--no matter how much--will not prevent the child from receiving a 
Social Security benefit from their parent's work as long as the child 
is eligible for disability insurance by the same impairment from before 
age 22. This legislation would give parents the assurance that their 
child with a disability can work without having to worry that the child 
will lose out on the full protections that Social Security provides.
  I want to thank Kathy Holmquist, President of Pathways to 
Independence, Inc. in Portland, Oregon, who has been a leader in my 
state helping people with disabilities live and work with dignity. 
Kathy contacted me about the need for this legislation and I appreciate 
her advocacy and support. Additional thanks to The Arc for the 
technical assistance and endorsement of the bill. The bill is also 
endorsed by the American Network of Community Options and Resources 
(ANCOR), Consortium for Citizens with Disabilities (CCD) Social 
Security Task Force, National Down Syndrome Congress, and The 
Association of University Centers on Disabilities. I am grateful that 
Social Security Subcommittee Chairman John Larson is introducing the 
companion bill in the House of Representatives. The Senate bill is 
cosponsored by Senators Cassidy, Brown, Klobuchar, Sanders, Leahy, 
Merkley and Casey.
  I ask unanimous consent that the bill be printed in the Record.
  So ordered

                                S. 2108

       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 ``Work Without Worry Act''.

     SEC. 2. ELIMINATION OF WORK DISINCENTIVE FOR CHILDHOOD 
                   DISABILITY BENEFICIARIES.

       (a) In General.--Section 202(d) of the Social Security Act 
     (42 U.S.C. 402(d)) is amended--
       (1) in paragraph (1)(B)(ii), by striking ``is under a 
     disability (as defined in section 223(d)) which began before 
     he attained the age of 22, and'' and inserting the following: 
     ``is under a disability (as defined in section 223(d)), and--

       ``(I) the physical or mental impairment (or combination of 
     impairments) that is the basis for the finding of disability 
     began before the child attained the age of 22 (or is of such 
     a type that can reasonably be presumed to have begun before 
     the child attained the age of 22, as determined by the 
     Commissioner), and
       ``(II) the impairment or combination of impairments could 
     have been the basis for a finding of disability (without 
     regard to whether the child was actually engaged in 
     substantial gainful activity) before the child attained age 
     22, and''; and

       (2) by adding at the end the following new paragraphs:
       ``(11)(A) In the case of a child described in subparagraph 
     (B)(ii) of paragraph (1) who--
       ``(i) has not attained early retirement age (as defined in 
     section 216(l)(2));
       ``(ii) has filed an application for child's insurance 
     benefits; and
       ``(iii) is insured for disability benefits (as determined 
     under section 223(c)(1)) at the time of such filing;
     such application shall be deemed to be an application for 
     both child's insurance benefits under this subsection and 
     disability insurance benefits under section 223.
       ``(B) In the case of a child described in subparagraph 
     (B)(ii) of paragraph (1) who--
       ``(i) has attained early retirement age (as defined in 
     section 216(l)(2));
       ``(ii) has filed an application for child's insurance 
     benefits; and
       ``(iii) is a fully insured individual (as defined in 
     section 214(a)) at the time of such filing;
     such application shall be deemed to be an application for 
     both child's insurance benefits under this subsection and 
     old-age insurance benefits under section 202(a).
       ``(C) Notwithstanding paragraph (1), in the case of a child 
     described in subparagraph (A) or (B), if, at the time of 
     filing an application for child's insurance benefits, the 
     amount of the monthly old-age or disability insurance benefit 
     to which the child would be entitled is greater than the 
     amount of the monthly child's insurance benefit to which the 
     child would be entitled, the child shall not be entitled to a 
     child's insurance benefit based on such application.
       ``(D) For purposes of subparagraph (C), the amount of the 
     monthly old-age or disability benefit to which the child 
     would be entitled shall be determined--
       ``(i) without regard to the primary insurance amount 
     calculation described section 215(a)(7); and
       ``(ii) before application of section 224.
       ``(12) For purposes of paragraph (1)(B)(ii), a child shall 
     not be required to be continuously under a disability during 
     the period between the date that the disability began and

[[Page S4627]]

     the date that the application for child's insurance benefits 
     is filed.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to applications filed on or after the date that 
     is 24 months after the date of the enactment of this section.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Reed, Ms. Duckworth, Mr. 
        Whitehouse, and Mr. Sanders):
  S. 2124. A bill to prohibit the award of Federal Government contracts 
to inverted domestic corporations, and for other purposes; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2124

       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 Business for 
     American Companies Act of 2021''.

     SEC. 2. PROHIBITION ON AWARDING CONTRACTS TO INVERTED 
                   DOMESTIC CORPORATIONS.

       (a) Civilian Contracts.--
       (1) In general.--Chapter 47 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4715. Prohibition on awarding contracts to inverted 
       domestic corporations

       ``(a) Prohibition.--
       ``(1) In general.--The head of an executive agency may not 
     award a contract for the procurement of property or services 
     to--
       ``(A) any foreign incorporated entity that such head has 
     determined is an inverted domestic corporation or any 
     subsidiary of such entity; or
       ``(B) any joint venture if more than 10 percent of the 
     joint venture (by vote or value) is held by a foreign 
     incorporated entity that such head has determined is an 
     inverted domestic corporation or any subsidiary of such 
     entity.
       ``(2) Subcontracts.--
       ``(A) In general.--The head of an executive agency shall 
     include in each contract for the procurement of property or 
     services awarded by the executive agency with a value in 
     excess of $10,000,000, other than a contract for exclusively 
     commercial items, a clause that prohibits the prime 
     contractor on such contract from--
       ``(i) awarding a first-tier subcontract with a value 
     greater than 10 percent of the total value of the prime 
     contract to an entity or joint venture described in paragraph 
     (1); or
       ``(ii) structuring subcontract tiers in a manner designed 
     to avoid the limitation in paragraph (1) by enabling an 
     entity or joint venture described in paragraph (1) to perform 
     more than 10 percent of the total value of the prime contract 
     as a lower-tier subcontractor.
       ``(B) Penalties.--The contract clause included in contracts 
     pursuant to subparagraph (A) shall provide that, in the event 
     that the prime contractor violates the contract clause--
       ``(i) the prime contract may be terminated for default; and
       ``(ii) the matter may be referred to the suspension or 
     debarment official for the appropriate agency and may be a 
     basis for suspension or debarment of the prime contractor.
       ``(b) Inverted Domestic Corporation.--
       ``(1) In general.--For purposes of this section, a foreign 
     incorporated entity shall be treated as an inverted domestic 
     corporation if, pursuant to a plan (or a series of related 
     transactions)--
       ``(A) the entity completes on or after May 8, 2014, the 
     direct or indirect acquisition of--
       ``(i) substantially all of the properties held directly or 
     indirectly by a domestic corporation; or
       ``(ii) substantially all of the assets of, or substantially 
     all of the properties constituting a trade or business of, a 
     domestic partnership; and
       ``(B) after the acquisition, either--
       ``(i) more than 50 percent of the stock (by vote or value) 
     of the entity is held--

       ``(I) in the case of an acquisition with respect to a 
     domestic corporation, by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation; or
       ``(II) in the case of an acquisition with respect to a 
     domestic partnership, by former partners of the domestic 
     partnership by reason of holding a capital or profits 
     interest in the domestic partnership; or

       ``(ii) the management and control of the expanded 
     affiliated group which includes the entity occurs, directly 
     or indirectly, primarily within the United States, as 
     determined pursuant to regulations prescribed by the 
     Secretary of the Treasury, and such expanded affiliated group 
     has significant domestic business activities.
       ``(2) Exception for corporations with substantial business 
     activities in foreign country of organization.--
       ``(A) In general.--A foreign incorporated entity described 
     in paragraph (1) shall not be treated as an inverted domestic 
     corporation if after the acquisition the expanded affiliated 
     group which includes the entity has substantial business 
     activities in the foreign country in which or under the law 
     of which the entity is created or organized when compared to 
     the total business activities of such expanded affiliated 
     group.
       ``(B) Substantial business activities.--The Secretary of 
     the Treasury (or the Secretary's delegate) shall establish 
     regulations for determining whether an affiliated group has 
     substantial business activities for purposes of subparagraph 
     (A), except that such regulations may not treat any group as 
     having substantial business activities if such group would 
     not be considered to have substantial business activities 
     under the regulations prescribed under section 7874 of the 
     Internal Revenue Code of 1986, as in effect on January 18, 
     2017.
       ``(3) Significant domestic business activities.--
       ``(A) In general.--For purposes of paragraph (1)(B)(ii), an 
     expanded affiliated group has significant domestic business 
     activities if at least 25 percent of--
       ``(i) the employees of the group are based in the United 
     States;
       ``(ii) the employee compensation incurred by the group is 
     incurred with respect to employees based in the United 
     States;
       ``(iii) the assets of the group are located in the United 
     States; or
       ``(iv) the income of the group is derived in the United 
     States.
       ``(B) Determination.--Determinations pursuant to 
     subparagraph (A) shall be made in the same manner as such 
     determinations are made for purposes of determining 
     substantial business activities under regulations referred to 
     in paragraph (2) as in effect on January 18, 2017, but 
     applied by treating all references in such regulations to 
     `foreign country' and `relevant foreign country' as 
     references to `the United States'. The Secretary of the 
     Treasury (or the Secretary's delegate) may issue regulations 
     decreasing the threshold percent in any of the tests under 
     such regulations for determining if business activities 
     constitute significant domestic business activities for 
     purposes of this paragraph.
       ``(c) Waiver.--
       ``(1) In general.--The head of an executive agency may 
     waive subsection (a) with respect to any Federal Government 
     contract under the authority of such head if the head 
     determines that the waiver is--
       ``(A) required in the interest of national security; or
       ``(B) necessary for the efficient or effective 
     administration of Federal or federally funded--
       ``(i) programs that provide health benefits to individuals; 
     or
       ``(ii) public health programs.
       ``(2) Report to congress.--The head of an executive agency 
     issuing a waiver under paragraph (1) shall, not later than 14 
     days after issuing such waiver, submit a written notification 
     of the waiver to the relevant authorizing committees of 
     Congress and the Committees on Appropriations of the Senate 
     and the House of Representatives.
       ``(d) Applicability.--
       ``(1) In general.--Except as provided in paragraph (2), 
     this section shall not apply to any contract entered into 
     before the date of the enactment of this section.
       ``(2) Task and delivery orders.--This section shall apply 
     to any task or delivery order issued after the date of the 
     enactment of this section pursuant to a contract entered into 
     before, on, or after such date of enactment.
       ``(3) Scope.--This section applies only to contracts 
     subject to regulation under the Federal Acquisition 
     Regulation.
       ``(e) Definitions and Special Rules.--
       ``(1) Definitions.--In this section, the terms `expanded 
     affiliated group', `foreign incorporated entity', `person', 
     `domestic', and `foreign' have the meaning given those terms 
     in section 835(c) of the Homeland Security Act of 2002 (6 
     U.S.C. 395(c)).
       ``(2) Special rules.--In applying subsection (b) of this 
     section for purposes of subsection (a) of this section, the 
     rules described under 835(c)(1) of the Homeland Security Act 
     of 2002 (6 U.S.C. 395(c)(1)) shall apply.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 47 of title 41, United States Code, is 
     amended by inserting after the item relating to section 4714 
     the following new item:

``4715. Prohibition on awarding contracts to inverted domestic 
              corporations.''.
       (b) Defense Contracts.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2339d. Prohibition on awarding contracts to inverted 
       domestic corporations

       ``(a) Prohibition.--
       ``(1) In general.--The head of an agency may not award a 
     contract for the procurement of property or services to--
       ``(A) any foreign incorporated entity that such head has 
     determined is an inverted domestic corporation or any 
     subsidiary of such entity; or
       ``(B) any joint venture if more than 10 percent of the 
     joint venture (by vote or value) is owned by a foreign 
     incorporated entity that such head has determined is an 
     inverted domestic corporation or any subsidiary of such 
     entity.
       ``(2) Subcontracts.--
       ``(A) In general.--The head of an executive agency shall 
     include in each contract for the procurement of property or 
     services awarded by the executive agency with a value in 
     excess of $10,000,000, other than a

[[Page S4628]]

     contract for exclusively commercial items, a clause that 
     prohibits the prime contractor on such contract from--
       ``(i) awarding a first-tier subcontract with a value 
     greater than 10 percent of the total value of the prime 
     contract to an entity or joint venture described in paragraph 
     (1); or
       ``(ii) structuring subcontract tiers in a manner designed 
     to avoid the limitation in paragraph (1) by enabling an 
     entity or joint venture described in paragraph (1) to perform 
     more than 10 percent of the total value of the prime contract 
     as a lower-tier subcontractor.
       ``(B) Penalties.--The contract clause included in contracts 
     pursuant to subparagraph (A) shall provide that, in the event 
     that the prime contractor violates the contract clause--
       ``(i) the prime contract may be terminated for default; and
       ``(ii) the matter may be referred to the suspension or 
     debarment official for the appropriate agency and may be a 
     basis for suspension or debarment of the prime contractor.
       ``(b) Inverted Domestic Corporation.--
       ``(1) In general.--For purposes of this section, a foreign 
     incorporated entity shall be treated as an inverted domestic 
     corporation if, pursuant to a plan (or a series of related 
     transactions)--
       ``(A) the entity completes on or after May 8, 2014, the 
     direct or indirect acquisition of--
       ``(i) substantially all of the properties held directly or 
     indirectly by a domestic corporation; or
       ``(ii) substantially all of the assets of, or substantially 
     all of the properties constituting a trade or business of, a 
     domestic partnership; and
       ``(B) after the acquisition, either--
       ``(i) more than 50 percent of the stock (by vote or value) 
     of the entity is held--

       ``(I) in the case of an acquisition with respect to a 
     domestic corporation, by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation; or
       ``(II) in the case of an acquisition with respect to a 
     domestic partnership, by former partners of the domestic 
     partnership by reason of holding a capital or profits 
     interest in the domestic partnership; or

       ``(ii) the management and control of the expanded 
     affiliated group which includes the entity occurs, directly 
     or indirectly, primarily within the United States, as 
     determined pursuant to regulations prescribed by the 
     Secretary of the Treasury, and such expanded affiliated group 
     has significant domestic business activities.
       ``(2) Exception for corporations with substantial business 
     activities in foreign country of organization.--
       ``(A) In general.--A foreign incorporated entity described 
     in paragraph (1) shall not be treated as an inverted domestic 
     corporation if after the acquisition the expanded affiliated 
     group which includes the entity has substantial business 
     activities in the foreign country in which or under the law 
     of which the entity is created or organized when compared to 
     the total business activities of such expanded affiliated 
     group.
       ``(B) Substantial business activities.--The Secretary of 
     the Treasury (or the Secretary's delegate) shall establish 
     regulations for determining whether an affiliated group has 
     substantial business activities for purposes of subparagraph 
     (A), except that such regulations may not treat any group as 
     having substantial business activities if such group would 
     not be considered to have substantial business activities 
     under the regulations prescribed under section 7874 of the 
     Internal Revenue Code of 1986, as in effect on January 18, 
     2017.
       ``(3) Significant domestic business activities.--
       ``(A) In general.--For purposes of paragraph (1)(B)(ii), an 
     expanded affiliated group has significant domestic business 
     activities if at least 25 percent of--
       ``(i) the employees of the group are based in the United 
     States;
       ``(ii) the employee compensation incurred by the group is 
     incurred with respect to employees based in the United 
     States;
       ``(iii) the assets of the group are located in the United 
     States; or
       ``(iv) the income of the group is derived in the United 
     States.
       ``(B) Determination.--Determinations pursuant to 
     subparagraph (A) shall be made in the same manner as such 
     determinations are made for purposes of determining 
     substantial business activities under regulations referred to 
     in paragraph (2) as in effect on January 18, 2017, but 
     applied by treating all references in such regulations to 
     `foreign country' and `relevant foreign country' as 
     references to `the United States'. The Secretary of the 
     Treasury (or the Secretary's delegate) may issue regulations 
     decreasing the threshold percent in any of the tests under 
     such regulations for determining if business activities 
     constitute significant domestic business activities for 
     purposes of this paragraph.
       ``(c) Waiver.--
       ``(1) In general.--The head of an agency may waive 
     subsection (a) with respect to any Federal Government 
     contract under the authority of such head if the head 
     determines that the waiver is required in the interest of 
     national security or is necessary for the efficient or 
     effective administration of Federal or federally funded 
     programs that provide health benefits to individuals.
       ``(2) Report to congress.--The head of an agency issuing a 
     waiver under paragraph (1) shall, not later than 14 days 
     after issuing such waiver, submit a written notification of 
     the waiver to the congressional defense committees.
       ``(d) Applicability.--
       ``(1) In general.--Except as provided in paragraph (2), 
     this section shall not apply to any contract entered into 
     before the date of the enactment of this section.
       ``(2) Task and delivery orders.--This section shall apply 
     to any task or delivery order issued after the date of the 
     enactment of this section pursuant to a contract entered into 
     before, on, or after such date of enactment.
       ``(3) Scope.--This section applies only to contracts 
     subject to regulation under the Federal Acquisition 
     Regulation and the Defense Supplement to the Federal 
     Acquisition Regulation.
       ``(e) Definitions and Special Rules.--
       ``(1) Definitions.--In this section, the terms `expanded 
     affiliated group', `foreign incorporated entity', `person', 
     `domestic', and `foreign' have the meaning given those terms 
     in section 835(c) of the Homeland Security Act of 2002 (6 
     U.S.C. 395(c)).
       ``(2) Special rules.--In applying subsection (b) of this 
     section for purposes of subsection (a) of this section, the 
     rules described under 835(c)(1) of the Homeland Security Act 
     of 2002 (6 U.S.C. 395(c)(1)) shall apply.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 137 of title 10, United States Code, is 
     amended by inserting after the item relating to section 2339c 
     the following new item:

``2339d. Prohibition on awarding contracts to inverted domestic 
              corporations.''.
       (3) Future transfer.--
       (A) Transfer and redesignation.--Section 2339d of title 10, 
     United States Code, as added by paragraph (1), is transferred 
     to chapter 364 of such title, inserted after section 4660, as 
     added by section 1862(b) of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283), and redesignated as section 4661.
       (B) Clerical amendments.--
       (i) Target chapter table of sections.--The table of 
     sections at the beginning of chapter 364 of title 10, United 
     States Code, as added by section 1862(a) of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283), is amended by 
     inserting after the item relating to section 4660 the 
     following new item:

``Sec. 4661. Prohibition on awarding contracts to inverted domestic 
              corporations.''.
       (ii) Origin chapter table of sections.--The table of 
     sections at the beginning of chapter 137 of title 10, United 
     States Code, as amended by paragraph (2), is amended by 
     striking the item relating to section 2339d.
       (C) Effective date.--The amendments made by this paragraph 
     shall take effect on January 1, 2022.
       (D) References; savings provisions; rule of construction.--
     Sections 1883 through 1885 of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283) shall apply with respect to the 
     amendments made under this paragraph as if such amendments 
     were made under title XVIII of such Act.
       (c) Regulations Regarding Management and Control.--
       (1) In general.--The Secretary of the Treasury (or the 
     Secretary's delegate) shall, for purposes of section 
     4714(b)(1)(B)(ii) of title 41, United States Code, and 
     section 2339d(b)(1)(B)(ii) of title 10, United States Code, 
     as added by subsections (a) and (b), respectively, prescribe 
     regulations for purposes of determining cases in which the 
     management and control of an expanded affiliated group is to 
     be treated as occurring, directly or indirectly, primarily 
     within the United States. The regulations prescribed under 
     the preceding sentence shall apply to periods after May 8, 
     2014.
       (2) Executive officers and senior management.--The 
     regulations prescribed under paragraph (1) shall provide that 
     the management and control of an expanded affiliated group 
     shall be treated as occurring, directly or indirectly, 
     primarily within the United States if substantially all of 
     the executive officers and senior management of the expanded 
     affiliated group who exercise day-to-day responsibility for 
     making decisions involving strategic, financial, and 
     operational policies of the expanded affiliated group are 
     based or primarily located within the United States. 
     Individuals who in fact exercise such day-to-day 
     responsibilities shall be treated as executive officers and 
     senior management regardless of their title.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Braun):
  S. 2137. A bill to amend title 49, United States Code, to establish 
an Office of Rural Investment, to ensure that rural communities and 
regions are equitably represented in Federal decision-making for 
transportation policy, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

[[Page S4629]]

  


                                S. 2137

       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 Transportation Equity 
     Act of 2021''.

     SEC. 2. RURAL INVESTMENT.

       (a) Office of Rural Investment.--
       (1) Establishment.--Section 102 of title 49, United States 
     Code, is amended--
       (A) in subsection (a), by inserting ``(referred to in this 
     section as the `Department')'' after ``Department of 
     Transportation'';
       (B) in subsection (b), in the first sentence, by inserting 
     ``(referred to in this section as the `Secretary')'' after 
     ``Secretary of Transportation'';
       (C) in subsection (f)(1), by striking ``Department of 
     Transportation'' each place it appears and inserting 
     ``Department'';
       (D) by redesignating subsection (h) as subsection (i); and
       (E) by inserting after subsection (g) the following:
       ``(h) Office of Rural Investment.--
       ``(1) In general.--There is established in the Department, 
     within the Office of the Secretary, an Office of Rural 
     Investment (referred to in this subsection as the `Office').
       ``(2) Leadership.--The Office shall be headed by a Director 
     for Rural Investment (referred to in this subsection as the 
     `Director') who shall be appointed by, and report directly 
     to, the Secretary.
       ``(3) Mission.--
       ``(A) In general.--The mission of the Office shall be to 
     coordinate with other offices and agencies within the 
     Department and with other Federal agencies to further the 
     goals and objectives described in subparagraph (B).
       ``(B) Goals and objectives described.--The goals and 
     objectives referred to in subparagraph (A) are--
       ``(i) to ensure that the unique needs and attributes of 
     rural transportation, involving all modes, are fully 
     addressed and prioritized during the development and 
     implementation of transportation policies, programs, and 
     activities within the Department;
       ``(ii) to improve coordination of Federal transportation 
     policies, programs, and activities within the Department in a 
     manner that expands economic development in rural communities 
     and regions, and to provide recommendations for improvement, 
     including additional internal realignments;
       ``(iii) to expand Federal transportation infrastructure 
     investment in rural communities and regions, including by 
     providing recommendations for changes in existing funding 
     distribution patterns;
       ``(iv) to use innovation to resolve local and regional 
     transportation challenges faced by rural communities and 
     regions;
       ``(v) to promote and improve planning and coordination 
     among rural communities and regions to maximize the unique 
     competitive advantage in those locations while avoiding 
     duplicative Federal, State and local investments; and
       ``(vi) to ensure that all rural communities and regions 
     lacking resources receive proactive outreach, education, and 
     technical assistance to improve access to Federal 
     transportation programs.
       ``(4) Duties of the director.--The Director shall--
       ``(A) be responsible for engaging in activities to carry 
     out the mission described in paragraph (3);
       ``(B) organize, guide, and lead activities within the 
     Department to address disparities in rural transportation 
     infrastructure to improve safety, economic development, and 
     quality of life in rural communities and regions;
       ``(C) provide information and outreach to rural communities 
     and regions concerning the availability and eligibility 
     requirements of participating in programs of the Department;
       ``(D) help rural communities and regions--
       ``(i) identify competitive economic advantages and 
     transportation investments that ensure continued economic 
     growth; and
       ``(ii) avoid duplicative transportation investments;
       ``(E) serve as a resource for assisting rural communities 
     and regions with respect to Federal transportation programs;
       ``(F) identify--
       ``(i) Federal statutes, regulations, and polices that may 
     impede the Department from supporting effective rural 
     infrastructure projects that address national transportation 
     goals; and
       ``(ii) potential measures to solve or mitigate those 
     issues;
       ``(G) identify improved, simplified, and streamlined 
     internal processes to help limited-resource rural communities 
     and regions access transportation investments;
       ``(H) recommend changes and initiatives for the Secretary 
     to consider;
       ``(I) ensure and coordinate a routine rural consultation on 
     the development of policies, programs, and activities of the 
     Department;
       ``(J) serve as an advocate within the Department on behalf 
     of rural communities and regions; and
       ``(K) work in coordination with the Department of 
     Agriculture, the Department of Health and Human Services, the 
     Department of Commerce, the Federal Communications 
     Commission, and other Federal agencies, as the Secretary 
     determines to be appropriate, in carrying out the duties 
     described in subparagraphs (A) through (J).
       ``(5) Contracts and agreements.--For the purpose of 
     carrying out the mission of the Office under paragraph (3), 
     the Secretary may enter into contracts, cooperative 
     agreements, and other agreements as necessary, including with 
     research centers, institutions of higher education, States, 
     units of local government, nonprofit organizations, or a 
     combination of any of those entities--
       ``(A) to conduct research on transportation investments 
     that promote rural economic development;
       ``(B) to solicit information in the development of policy, 
     programs, and activities of the Department that can improve 
     infrastructure investment and economic development in rural 
     communities and regions;
       ``(C) to develop educational and outreach materials, 
     including the conduct of workshops, courses, and certified 
     training for rural communities and regions that can further 
     the mission and goals of the Office and the Department; and
       ``(D) to carry out any other activities, as determined by 
     the Secretary to be appropriate.
       ``(6) Grants.--
       ``(A) In general.--The Director may award competitive 
     grants to an entity described in subparagraph (B) to support 
     expanded education, outreach, and technical assistance to 
     rural communities and regions.
       ``(B) Entity described.--An entity referred to in 
     subparagraph (A) is a nonprofit organization or an 
     institution of higher education that has not less than 3 
     years of experience providing meaningful transportation 
     technical assistance or advocacy services to rural 
     communities and regions.
       ``(7) Employees.--The Secretary shall ensure that not more 
     than 4 full-time equivalent employees are assigned to the 
     Office.
       ``(8) Coordination within and among other offices and 
     agencies of the department.--
       ``(A) In general.--The Secretary shall designate not fewer 
     than 1 representative from each office or agency of the 
     Department described in subparagraph (B) who shall be 
     responsible for leading the efforts within that office or 
     agency to further the goals and objectives described in 
     subparagraph (B) of paragraph (3).
       ``(B) Offices and agencies described.--The offices and 
     agencies of the Department referred to in subparagraph (A) 
     are each of the following:
       ``(i) The Office of the Under Secretary of Transportation 
     for Policy.
       ``(ii) The Office of the General Counsel.
       ``(iii) The Office of the Chief Financial Officer and 
     Assistant Secretary for Budget and Programs.
       ``(iv) The Federal Aviation Administration.
       ``(v) The Federal Highway Administration.
       ``(vi) The Federal Railroad Administration.
       ``(vii) The Federal Transit Administration.
       ``(viii) The Office of the Assistant Secretary for 
     Governmental Affairs.
       ``(ix) The Office of Public Affairs.
       ``(x) Any other office or agency of the Department that the 
     Secretary determines to be appropriate.
       ``(C) Duties.--The Chief Infrastructure Funding Officer of 
     the Department and the representatives designated under 
     subparagraph (A)--
       ``(i) shall--

       ``(I) meet bimonthly; and
       ``(II) recommend initiatives to the Office; and

       ``(ii) may participate in all meetings and relevant 
     activities of the Office to provide input and guidance 
     relevant to rural transportation infrastructure projects and 
     issues.
       ``(9) Additional input.--
       ``(A) In general.--The Secretary shall seek input from the 
     offices and agencies of the Department described in 
     subparagraph (B) to further the goals and objectives 
     described in subparagraph (B) of paragraph (3).
       ``(B) Offices and agencies described.--The offices and 
     agencies of the Department referred to in subparagraph (A) 
     are each of the following:
       ``(i) The Maritime Administration.
       ``(ii) The Saint Lawrence Seaway Development Corporation.
       ``(iii) The National Highway Traffic Safety Administration.
       ``(10) Report.--Each year, the Office shall submit to the 
     Secretary a report describing--
       ``(A) the objectives of the Office for the coming year; and
       ``(B) how the objectives of the Office were accomplished in 
     the previous year.
       ``(11) Applicability.--In carrying out the mission of the 
     Office under paragraph (3), the Secretary shall consider as 
     rural any area considered to be a rural area under a Federal 
     transportation program of the Department.''.
       (2) Council on credit and finance.--Section 117(b)(1) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(I) The Director for Rural Investment.''.
       (b) Rural Transportation Advisory Council.--
       (1) Definitions.--In this subsection:
       (A) Advisory council.--The term ``advisory council'' means 
     the rural transportation advisory council established under 
     paragraph (2).
       (B) Relevant committees of congress.--The term ``relevant 
     committees of Congress'' means--
       (i) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (ii) the Committee on Energy and Commerce of the House of 
     Representatives;

[[Page S4630]]

       (iii) the Committee on Environment and Public Works of the 
     Senate;
       (iv) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (v) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (vi) the Subcommittee on Transportation, and Housing and 
     Urban Development, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives; and
       (vii) the Subcommittee on Transportation, Housing and Urban 
     Development, and Related Agencies of the Committee on 
     Appropriations of the Senate.
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (2) Establishment.--The Secretary shall establish a rural 
     transportation advisory council to consult with and advise 
     the Office of Rural Investment.
       (3) Membership.--
       (A) In general.--The advisory council shall be composed of 
     15 members, appointed by the Secretary, of whom--
       (i) not fewer than 1 shall be a representative from an 
     institution of higher education or extension program;
       (ii) not fewer than 1 shall be a representative from an 
     organization promoting business and economic development, 
     such as a chamber of commerce, a local government 
     institution, or a planning organization;
       (iii) not fewer than 1 shall be a representative from a 
     financing entity;
       (iv) not fewer than 1 shall have experience in health, 
     mobility, or emergency services;
       (v) not fewer than 1 shall have experience in 
     transportation safety;
       (vi) not fewer than 1 shall have experience with workforce 
     access;
       (vii) not fewer than 1 shall have experience with tourism 
     and recreational activities;
       (viii) not fewer than 1 shall have--

       (I) experience with rural supply chains, such as direct-to-
     consumer supply chains; and
       (II) wholesale distribution experience;

       (ix) not fewer than 1 shall have experience in emerging or 
     innovative technologies relating to rural transportation 
     networks;
       (x) not fewer than 1 shall have experience in food, 
     nutrition, and grocery access;
       (xi) not fewer than 1 shall represent agriculture, 
     nutrition, or forestry; and
       (xii) not fewer than 1 shall have experience with 
     historically underserved regions, as determined by the 
     Secretary.
       (B) Requirement.--The Secretary shall appoint members to 
     the advisory council in a manner that ensures, to the maximum 
     extent practicable, that the geographic and economic 
     diversity of rural communities and regions of the United 
     States are represented.
       (C) Timing of initial appointments.--Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     shall appoint the initial members of the advisory council.
       (D) Period of appointments.--
       (i) In general.--Except as provided in clause (ii), a 
     member of the advisory council shall be appointed for a term 
     of 3 years.
       (ii) Initial appointments.--Of the members first appointed 
     to the advisory council--

       (I) 5, as determined by the Secretary, shall be appointed 
     for a term of 3 years;
       (II) 5, as determined by the Secretary, shall be appointed 
     for a term of 2 years; and
       (III) 5, as determined by the Secretary, shall be appointed 
     for a term of 1 year.

       (E) Vacancies.--Any vacancy on the advisory council--
       (i) shall not affect the power of the advisory council; and
       (ii) shall be filled as soon as practicable and in the same 
     manner as the original appointment.
       (F) Consecutive terms.--An appointee to the advisory 
     council may serve 1 additional, consecutive term if the 
     member is reappointed by the Secretary.
       (4) Meetings.--
       (A) In general.--The advisory council shall meet not less 
     than twice per year, as determined by the Secretary.
       (B) Initial meeting.--Not later than 180 days after the 
     date on which the initial members of the advisory council are 
     appointed under paragraph (3)(C), the advisory council shall 
     hold the first meeting of the advisory council.
       (5) Duties.--
       (A) In general.--The advisory council shall--
       (i) advise the Office of Rural Investment on issues related 
     to rural needs relating to Federal transportation programs;
       (ii) evaluate and review ongoing research activities 
     relating to rural transportation networks, including new and 
     emerging barriers to economic development and access to 
     investments;
       (iii) develop recommendations for any changes to Federal 
     law, regulations, internal Department of Transportation 
     policies or guidance, or other measures that would eliminate 
     barriers for rural access or improve rural equity in 
     transportation investments;
       (iv) examine methods of maximizing the number of 
     opportunities for assistance for rural communities and 
     regions under Federal transportation programs, including 
     expanded outreach and technical assistance;
       (v) examine methods of encouraging intergovernmental and 
     local resource cooperation to mitigate duplicative 
     investments in key rural communities and regions and improve 
     the efficiencies in the delivery of Federal transportation 
     programs;
       (vi) evaluate other methods of creating new opportunities 
     for rural communities and regions; and
       (vii) address any other relevant issues as the Secretary 
     determines to be appropriate.
       (B) Reports.--Not later than 1 year after the date on which 
     the initial members of the advisory council are appointed 
     under paragraph (3)(C), and every 2 years thereafter through 
     2026, the advisory council shall submit to the Secretary and 
     the relevant committees of Congress a report describing the 
     recommendations developed under subparagraph (A)(iii).
       (6) Personnel matters.--
       (A) Compensation.--A member of the advisory council shall 
     serve without compensation.
       (B) Travel expenses.--A member of the advisory council 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, in accordance with section 5703 of title 5, 
     United States Code.
       (7) Termination.--
       (A) In general.--Subject to subparagraph (B), the advisory 
     council shall terminate on the date that is 5 years after the 
     date on which the initial members are appointed under 
     paragraph (3)(C).
       (B) Extension.--Before the date on which the advisory 
     council terminates, the Secretary may renew the advisory 
     council for 1 or more 2-year periods.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section and the 
     amendments made by this section $7,000,000 for each of fiscal 
     years 2022 through 2026.

                          ____________________