Sen. Michael F. Bennet

Cyber Incident Notification Act of 2021 This bill requires federal agencies and certain entities to report cybersecurity intrusion incidents to the Cybersecurity and Infrastructure Security Agency (CISA) and addresses related issues. Within 24 hours of a confirmed intrusion (or potential intrusion), the targeted agency or entity must report the intrusion to CISA. CISA must promulgate rules relating to the bill, including the information that must be included in each incident report and the entities that must comply with the reporting requirements. At minimum, the covered entities must include federal contractors and owners or operators of critical infrastructure. Similarly, such rules must at minimum require federal agencies and covered entities to report all intrusions involving a nation-state, advanced persistent threat cyber actor, or transnational organized crime group. If a covered entity fails to meet the bill's requirements, CISA may assess a civil penalty of up to 0.5% of the entity's gross revenue for each day the violation lasts. If the violating entity has federal contracts, the General Services Administration may impose additional penalties, including removal from the Federal Contracting Schedule. A violation by a federal agency must be referred to that agency's office of the inspector general, which must treat the case as a matter of urgent concern. CISA, the Department of Justice, and the Office of the Director of National Intelligence must provide periodic reports to Congress concerning the current cyber threat picture facing federal agencies and covered entities.

Safe Schools Improvement Act of 2021 This bill requires states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit bullying and harassment of elementary and secondary school students. In particular, these policies must prohibit bullying and harassment based on race, color, national origin, sex, sexual orientation, gender identity, disability, or religion. Further, LEAs must provide (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their disciplinary policies; (2) students and parents with grievance procedures that target such conduct; and (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level. The Department of Education must conduct and report on an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The National Center for Education Statistics must collect state data to determine the incidence and frequency of the conduct prohibited by LEA disciplinary policies.

Water and Agriculture Tax Reform Act of 2021 This bill permits tax-exempt mutual ditch or irrigation companies to earn income from dispositions of certain property and stock interests without affecting their tax-exempt status, but requires that such income be used to pay the costs of operations, maintenance, and capital improvements of such a company. The bill also establishes a rule regarding the organizational governance of mutual ditch or irrigation companies. Where state law provides that such a company may be organized in a manner that permits voting on a basis that is pro rata to share ownership on corporate governance matters, the tax-exempt status of the mutual ditch or irrigation company must be determined without taking into account whether its member shareholders have one vote on corporate governance matters per share held in the corporation.

Support Through Loss Act This bill provides employees with 24 hours of paid leave time each year for an absence resulting from a pregnancy loss or other specified circumstance related to pregnancy, fertility, or an unsuccessful assisted reproductive procedure or adoption match. Employers must notify each employee about the availability of this paid leave and may not discriminate or discharge an employee for exercising or attempting to exercise the right to such paid leave. The bill provides for enforcement of this requirement by the Department of Labor and through civil action brought by an employee or individual. Further, the bill requires specified federal agencies to conduct research and publish information about pregnancy loss and related evidence-based treatment options.

Tribal Access to Clean Water Act of 2021 This bill provides funding for and expands access to water resources for Native communities (i.e., Indian tribes and Native Hawaiian communities). First, the bill provides funding for the Indian Health Service to (1) plan, design, construct, modernize, improve, and renovate water, sewer, and solid waste sanitation facilities; (2) provide technical assistance; and (3) operate and maintain water facilities that serve Native communities. Next, the bill provides funding for the Department of Agriculture to provide water and wastewater facility grants to eligible entities (e.g., Native communities) that have residents facing significant health risks due to inadequate water supply systems. An eligible entity shall not be required to provide a matching contribution in order to receive a grant. In addition, the bill reauthorizes through FY2031 the Bureau of Reclamation's Rural Water Supply Program. Further, the bill provides funding for and establishes a grant program for tribal clean water access projects. It also provides funding for the Native American Affairs Technical Assistance Program. The bill also provides funding for the Environmental Protection Agency to provide grants to Indian tribes and Alaska Native villages for drinking water and clean water.

Better Wound Care at Home Act This bill modifies the Medicare payment methodology for disposable negative pressure wound therapy devices. In particular, the bill specifies that payment must be a national payment rate for the device itself and not for related professional services or visits, and must be made as an add-on payment for the device under the prospective payment system for home health services.

Twenty-First Century Dams Act This bill addresses dam infrastructure and safety. First, the bill provides resources for programs related to state dam safety, the rehabilitation of high hazard potential dams, and the inspection of dams. In particular, the bill reauthorizes through FY2026 the National Dam Safety Program. In addition, the bill reauthorizes through FY2026 a program related to the rehabilitation of structural measures and a program related to water infrastructure. The bill directs the Department of the Army to establish a program to carry out dam removal projects. Further, the bill establishes the Dam Removal Council to (1) coordinate with participating federal agencies to annually notify all known dam owners of the availability of dam removal funding and provide guidance on the existing programs of participating agencies; (2) evaluate and submit to Army recommendations for dam removal projects, technical assistance programs, and funding allocations; and (3) develop a dam removal strategy. The bill requires certain dam assessments, including a joint assessment by the U.S. Geological Survey and the Department of Energy. The bill also authorizes specified federal agencies to undertake certain activities related to federal dam infrastructure.

Intelligence Community Workforce Agility Protection Act of 2021 This bill allows a current tax deduction for the moving expenses of an employee or new appointee of the intelligence community who moves due to a change in assignment that requires relocation. It also allows a current tax exclusion for such employees or appointees for moving expense reimbursements. Under current law, the tax deduction and exclusion for the moving expenses of other taxpayers are suspended for the period beginning in 2018 through 2025.

Medication Access and Training Expansion Act of 2021 or the MATE Act of 2021 This bill requires health care providers, as a condition of receiving or renewing a registration to prescribe potentially addictive drugs, to complete a one-time training on managing patients with substance use disorders. In addition, the Department of Health and Human Services must award grants to health professional associations and education programs for integrating substance use disorder training into relevant curricula.

Verifying Accurate Leading-edge IVCT Development Act of 2021 or the VALID Act of 2021 This bill requires the Food and Drug Administration (FDA) to regulate in vitro clinical tests (IVCTs). Currently, the FDA and the Centers for Medicare & Medicaid Services have authority to regulate in vitro diagnostic devices. The bill defines IVCTs, which includes in vitro diagnostic devices, as tests intended for the collection, preparation, analysis, or in vitro clinical examination of specimens from the human body to provide information about a disease, condition, or treatment. An IVCT may not be introduced into interstate commerce unless it has received FDA premarket approval or is covered by certain exemptions, such as an exemption for a test that (1) was developed and introduced before this bill's enactment and meets certain requirements, (2) is a low-risk test, (3) is solely for public health surveillance, (4) is covered by a technology certification issued under this bill, or (5) has received a humanitarian exemption or emergency use authorization. The FDA may grant upon application a technology certification. Generally, such a certification covers a group of tests that use a single technology and may be evaluated using a representative test. While such a certification is valid, a qualifying IVCT that falls within the scope of the certification shall be cleared for interstate commerce. The bill also imposes various requirements related to IVCTs, including those related to quality control, labeling, and reporting adverse events. The FDA shall have various enforcement authority, including authority to order the recall of an IVCT with a reasonable probability of causing serious adverse health consequences.