[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authority to regulate these products are sorely outdated.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.
____________________