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Arctic Commitment Act This bill expands a variety of Arctic-focused provisions pertaining to national security, shipping, and trade. For example, the bill directs the Department of Transportation (DOT) to establish the Arctic Shipping Federal Advisory Committee to advise DOT on matters related to Arctic maritime transportation, including Arctic seaway development. It also requires the Department of the Navy to ensure that the Port of Nome in Alaska is usable for the implementation of the National Strategy for the Arctic Region and military service strategies for the Arctic. Additionally, the U.S. Coast Guard and Navy must jointly submit to Congress a report that outlines the requirements to establish a persistent, year-round presence of the Navy and Coast Guard in the Arctic region, including at the Port of Nome and any other deepwater port that would facilitate such a presence. The bill also requires the Committee on Maritime Transportation System to submit to Congress a report that describes the control and influence of the Russian Federation on shipping in the Arctic and includes a plan for eliminating or preventing a Russian monopoly on shipping in the region to enable an increased U.S. presence in the Arctic shipping domain. Further, the bill expresses the sense of Congress that (1) Arctic countries are important partners of the United States, and (2) the United States International Development Finance Corporation should make investments in Arctic countries to facilitate technologies that contribute to energy security and sustainable opportunities for indigenous groups.
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114 S4736 IS: Arctic Commitment Act U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4736 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Murkowski Mr. King Committee on Commerce, Science, and Transportation A BILL To enhance United States standing as an Arctic nation by facilitating greater maritime accessibility, strong trading partners, and reliable infrastructure. 1. Short title; table of contents (a) Short title This Act may be cited as the Arctic Commitment Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Defined term. Sec. 3. Arctic Shipping Federal Advisory Committee. Sec. 4. Arctic Executive Steering Committee. Sec. 5. Implementation of Arctic strategy at Port of Nome. Sec. 6. Report on establishing persistent presence of Navy or Coast Guard in the United States Arctic. Sec. 7. Report on eliminating the Russian monopoly on Arctic shipping. Sec. 8. Expanding investment by the United States International Development Finance Corporation in Arctic countries. Sec. 9. Partnership with Iceland. Sec. 10. Amendment to Deepwater Port Act of 1974. Sec. 11. Amendments to the Arctic Research and Policy Act of 1984. Sec. 12. Crosscut report on Arctic research programs. Sec. 13. Pribilof Island transition completion actions. 2. Defined term In this Act, the term appropriate committees of Congress (1) the Committee on Armed Services of the Senate (2) the Committee on Homeland Security and Governmental Affairs of the Senate (3) the Committee on Foreign Relations of the Senate (4) the Committee on Energy and Natural Resources of the Senate (5) the Committee on Armed Services of the House of Representatives (6) the Committee on Homeland Security of the House of Representatives (7) the Committee on Foreign Affairs of the House of Representatives (8) the Committee on Energy and Commerce of the House of Representatives 3. Arctic Shipping Federal Advisory Committee (a) Establishment Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation shall establish the Arctic Shipping Federal Advisory Committee, as required in section 8426 of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (division G of Public Law 116–283 (b) Funding The Secretary of Transportation shall make available to the Arctic Shipping Advisory Committee, from amounts appropriated to the Office of the Secretary of Transportation, such funds as may be necessary for the operation and sustainment of the Committee. 4. Arctic Executive Steering Committee The Arctic Executive Steering Committee, which was originally established by Executive Order 13689 (80 Fed. Reg. 4191; relating to enhancing coordination of national efforts in the Arctic), is reauthorized for the 10-year period beginning on the date of the enactment of this Act. 5. Implementation of Arctic strategy at Port of Nome The Secretary of the Navy, in consultation with the Commandant of the Coast Guard, shall engage in a consultation with the Chief of Engineers of the Army Corps of Engineers to ensure that the Port of Nome is usable for the implementation of the National Strategy for the Arctic Region and the Arctic strategy of the Department of the Navy, as described in the strategic blueprint for the Arctic of the Department of the Navy entitled A Blue Arctic 6. Report on establishing persistent presence of Navy or Coast Guard in the United States Arctic Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard and the Secretary of the Navy shall jointly submit a report to the appropriate committees of Congress that— (1) describes the requirements necessary to establish, and the feasibility of establishing, a persistent, year-round presence of the Navy and the Coast Guard in the Arctic region at— (A) the Port of Nome; (B) the natural deepwater port of Unalaska; (C) the former Coast Guard Station at Port Clarence; (D) Point Spencer (as defined in section 532 of the Pribilof Island Transition Completion Act of 2015 (subtitle B of title V of Public Law 114–120 (E) the port on Saint George Island in the Bering Sea; (F) the Port of Adak; (G) Cape Blossom; (H) ports in the Northeastern United States, including Eastport, Searsport, and Portland, Maine; and (I) any other deepwater port that the Commandant determines would facilitate such a presence in the places described in subparagraphs (A) through (H); and (2) provides an estimate of the costs of implementing the requirements described in paragraph (1), after taking into account the costs of constructing the onshore infrastructure that will be required to support year-round maritime operations in the vicinity of the Bering Sea and the Arctic region. 7. Report on eliminating the Russian monopoly on Arctic shipping Not later than 180 days after the date of the enactment of this Act, the Committee on the Maritime Transportation System, in coordination with the Arctic Shipping Federal Advisory Committee, shall submit a report to the appropriate committees of Congress that— (1) describes the control and influence of the Russian Federation on shipping in the Arctic region; (2) analyzes the effect of such control and influence on ongoing efforts to increase the presence, capacity, and volume of United States shipping in the Arctic region; and (3) includes a plan for eliminating the Russian monopoly on shipping in the Arctic region to enable an increase United States presence in the Arctic shipping domain. 8. Expanding investment by the United States International Development Finance Corporation in Arctic countries (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate (B) the Committee on Armed Services of the Senate (C) the Select Committee on Intelligence of the Senate (D) the Committee on Energy and Natural Resources of the Senate (E) the Committee on Foreign Affairs of the House of Representatives (F) the Committee on Armed Services of the House of Representatives (G) the Permanent Select Committee on Intelligence of the House of Representatives (H) the Committee on Energy and Commerce of the House of Representatives (2) Arctic countries The term Arctic countries (A) means the United States, Canada, Denmark, Iceland, Norway, Sweden, and Finland, which are permanent members of the Arctic Council; and (B) does not include the Russian Federation. (3) Arctic indigenous organizations The term Arctic indigenous organizations (A) means the Aleut International Association, the Arctic Athabaskan Council, the Gwich’in International Council, the Inuit Circumpolar Council, and the Saami Council; and (B) does not include the Russian Association of Indigenous Peoples of the North. (b) Sense of Congress It is the sense of Congress that— (1) Arctic countries are important partners of the United States; and (2) the United States International Development Finance Corporation should make investments in Arctic countries to facilitate technologies that— (A) strengthen energy security and reliability; and (B) provide durable, sustainable opportunities for indigenous entities. (c) Authorization The United States International Development Finance Corporation is authorized to provide financing to entities in Arctic countries, including Arctic indigenous organizations, for projects that— (1) involve the responsible extraction, processing, development, and recycling of critical minerals (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) (2) the Chief Executive Officer of the United States International Development Finance Corporation, in coordination with the Secretary of State, determine to be in the strategic interest of the United States. (d) Reporting requirement (1) In general Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States International Development Finance Corporation, in coordination with the Secretary of State, shall submit a report to the appropriate congressional committees that— (A) identifies the countries in which financing by the United States International Development Finance Corporation could be most impactful for responsibly producing critical minerals needed for energy security; (B) explains the interests of the United States and of partner countries that are served when the United States provides support for such projects; (C) describes any support provided by other United States allies and partners to expand the projects described in subsection (c); and (D) describes any support provided by the People’s Republic of China in support of the projects described in subsection (c). (2) Form of report The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex, if necessary. 9. Partnership with Iceland (a) Sense of Congress regarding a free trade agreement with Iceland It is the sense of Congress that the United States should enter into negotiations with the Government of Iceland to develop and enter into a comprehensive free trade agreement between the United States and Iceland. (b) Nonimmigrant traders and investors For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) 10. Amendments to Deepwater Port Act of 1974 The Deepwater Port Act of 1974 ( 33 U.S.C. 1501 et seq. (1) in section 4 ( 33 U.S.C. 1503 (A) in subsection (c)(9), by inserting (excluding any State that developed a coastal zone management program pursuant to section 305 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1454 16 U.S.C. 1455 connected by pipeline (B) by adding at the end the following: (j) Export license for all forms of hydrogen The Secretary may issue a license in accordance with the provisions of this Act for the export of hydrogen in all of its forms, including as liquefied natural gas, hydrogen, and ammonia. ; and (2) in section 9(c), ( 33 U.S.C. 1508(c) (excluding any State that developed a coastal zone management program pursuant to section 305 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1454 16 U.S.C. 1455 connected by pipeline 11. Amendments to the Arctic Research and Policy Act of 1984 (a) Findings and purposes Section 102(a) of the Arctic Research and Policy Act of 1984 15 U.S.C. 4101(a) (1) in paragraph (2), by inserting and homeland national (2) by redesignating paragraphs (5) through (17) as paragraphs (6) through (18), respectively; (3) by striking paragraph (4) and inserting the following: (4) Changing Arctic conditions directly affect global weather and climate patterns and must be better understood— (A) to promote better agricultural management throughout the United States; and (B) to address the myriad of impacts, challenges, and opportunities brought about by such change. (5) Since a rapidly changing climate will reshape the economic, social, cultural, political, environmental, and security landscape of the Arctic region, sustained, robust, coordinated, reliable, appropriately funded, and dependable Arctic research is required to inform and influence sound United States domestic and international Arctic policy. ; and (4) in paragraph (6), as redesignated, by inserting and climate weather (b) Arctic Research Commission Section 103 of the Arctic Research and Policy Act of 1984 15 U.S.C. 4102 (1) in subsection (b)— (A) in paragraph (1)(B)— (i) by striking who are who is a (ii) by striking who live in areas who live in an area (B) in paragraph (2), by striking chairperson Chair (2) in subsection (d)— (A) in paragraph (1)— (i) by inserting or her his (ii) by inserting , or in the case of the Chair, not to exceed 120 days of service each year (B) in paragraph (2), by striking Chairman Chair (c) Administration of the Commission Section 106(4) of the Arctic Research and Policy Act of 1984 15 U.S.C. 4105(4) (1) by inserting , and other Federal Government entities, as appropriate, with the General Services Administration (2) by inserting , or the heads of other Federal Government entities, as appropriate, (d) Interagency Arctic Research Policy Committee Section 107(b)(2) of the Arctic Research and Policy Act of 1984 15 U.S.C. 4106(b)(2) (1) by redesignating subparagraph (L) as subparagraph (P); (2) in subparagraph (K), by striking and (3) by inserting after subparagraph (K) the following: (L) the Department of Agriculture; (M) the Marine Mammal Commission; (N) the Smithsonian Institution; (O) the Denali Commission; and . (e) 5-Year Arctic research plan Section 109(a) of the Arctic Research and Policy Act of 1984 15 U.S.C. 4108(a) The Plan Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 ( Public Law 104–66 12. Crosscut report on Arctic research programs (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget shall submit a detailed report to Congress regarding all existing Federal programs relating to Arctic research, including— (1) the goals of each such program; (2) the funding levels for each such program for each of the 5 immediately preceding fiscal years; (3) the anticipated funding levels for each such program for each of the 5 following fiscal years; and (4) the total funding appropriated for the current fiscal year for such programs. (b) Distribution Not later than 3 days after submitting the report to Congress pursuant to subsection (a), the Director of the Office of Management and Budget shall submit a copy of the report to the National Science Foundation, the United States Arctic Research Commission, and the Office of Science and Technology Policy. 13. Pribilof Island transition completion actions (a) Extensions Section 524 of the Pribilof Island Transition Completion Act of 2015 (subtitle B of title V of Public Law 114–120 (1) in subsection (b)(5), by striking 5 years 6 years (2) in subsection (c)(3), by striking 60 days 120 days (b) Quarterly actual use and occupancy reports Not later than 90 days after the date of the enactment of this Act, and every 3 months thereafter, the Secretary of the department in which the Coast Guard is operating shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate Committee on Transportation and Infrastructure of the House of Representatives (1) the degree to which Coast Guard personnel and equipment are deployed to St. Paul Island, Alaska, in actual occupancy of the facilities, as required under section 524 of the Pribilof Island Transition Completion Act of 2015 (subtitle B of title V of Public Law 114–120 (2) the status of the activities described in subsections (c) and (d) if such activities have not been completed. (c) Aircraft hanger The Secretary of the department in which the Coast Guard is operating may— (1) enter into a lease for a hangar to house deployed Coast Guard aircraft if such hanger was previously under lease by the Coast Guard for the purposes of housing such aircraft; (2) enter into an agreement with the lessor of the hanger referred to in paragraph (1) in which the Secretary may carry out repairs necessary to support the deployment of such aircraft; and (3) offset the cost such repairs under the terms of the lease entered into pursuant to paragraph (2). (d) Fuel tank (1) Determination Not later than 30 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall determine whether the fuel tank located on St. Paul Island, Alaska, that is owned by the Coast Guard is needed for Coast Guard operations. (2) Transfer Subject to paragraph (3), if the Secretary determines the tank referred to in paragraph (1) is not needed for Coast Guard operations, the Secretary, not later than 90 days after making such determination, shall transfer such tank to the Alaska Native Village Corporation for St. Paul Island, Alaska. (3) Fair market value exception The Secretary may only carry out a transfer described in paragraph (2) if the fair market value of such tank is less than the aggregate value of any lease payments for the property on which the tank is located that the Coast Guard would have paid to the Alaska Native Village Corporation for St. Paul Island, Alaska, had such lease been extended at the same rate. (e) Rule of construction Nothing in this section may be construed to limit any rights of the Alaska Native Village Corporation for St. Paul Island, Alaska to receive conveyance of all or part of the lands and improvements related to Tract 43 under the same terms and conditions as prescribed in section 524 of the Pribilof Island Transition Completion Act of 2015 (subtitle B of title V of Public Law 114–120
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Arctic Commitment Act
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Housing Market Transparency Act This bill requires the Department of Housing and Urban Development (HUD) to collect and report certain information about buildings that receive low-income housing tax credits, including relevant development costs, ownership information, habitability standards, and related data. State agencies that administer the credit must also report such information to HUD.
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117 S4737 IS: Housing Market Transparency Act U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4737 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Warnock Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of Housing and Urban Development to collect and make publicly available data on properties receiving an allocation of credit under the low-income housing tax credit, and for other purposes. 1. Short title This Act may be cited as the Housing Market Transparency Act 2. HUD reporting and transparency on low-income housing tax credit projects (a) Definitions In this section: (1) Covered property The term covered property section 42 (2) Secretary The term Secretary (b) Collection of information (1) In general The Secretary shall regularly collect and maintain data on covered properties, including— (A) development costs, including general contractor costs; (B) ownership data; (C) whether the owner is a pass-through entity; (D) the most recent habitability standards; (E) in the case of disposition of a covered property, the reason for the disposition, such as sale, foreclosure, or destruction; (F) the expiration date of affordable use provisions; (G) whether the owner has waived the right to a qualified contract; (H) the most recent inspection and habitability information; and (I) any other data determined relevant by the Secretary. (2) Provision of data Each State agency administering credits under section 42 of the Internal Revenue Code of 1946 for covered properties shall, not later than 18 months after the date on which each such covered property is placed in service and annually thereafter, submit to the Secretary the data required to be collected under paragraph (1) with respect to those covered properties. (3) Standards and definitions The Secretary shall— (A) establish standards and definitions for the data collected under paragraph (1); (B) provide States with technical assistance to establish systems to compile and submit data to the Secretary under paragraph (2); and (C) in coordination with other Federal agencies administering housing assistance programs, establish procedures to minimize duplicative reporting requirements for covered properties assisted under multiple housing programs. (4) Reporting The Secretary shall— (A) not less frequently than annually, compile and make publicly available the data collected under paragraph (1), other than the date described in subparagraph (A) of that paragraph; and (B) periodically assess and issue a public report on covered properties and the general multifamily housing development market. (5) Properties no longer in compliance With respect to a covered property that will no longer be eligible for an allocation of credit under section 42
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Housing Market Transparency Act
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Stop Commercial Use of Health Data Act This bill prohibits commercial entities from using personal health data for commercial advertising.
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104 S4738 IS: Stop Commercial Use of Health Data Act U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4738 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Klobuchar Mr. Whitehouse Committee on Commerce, Science, and Transportation A BILL To protect the privacy of personally-identifiable health data, and for other purposes. 1. Short title This Act may be cited as the Stop Commercial Use of Health Data Act 2. Privacy of personally-identifiable health data (a) Prohibition on the use of personally-Identifiable health data in commercial advertising (1) In general It shall be unlawful for any covered entity to use the personally-identifiable health data of an individual that is collected from any source (including data volunteered by an individual, medical center-derived data, data from a wearable fitness tracker, data from web browsing history, or any other source determined appropriate by the Commission) for commercial advertising. (2) Exception for public health campaigns The prohibition under paragraph (1) shall not apply to any public health campaign directed toward individuals or subpopulations of individuals. (b) Right of access and deletion (1) Right of access (A) In general A covered entity shall make available an easy-to-use mechanism by which an individual, upon verified request, may access any personally-identifiable health data relating to such individual that is retained by such covered entity. (B) Format A covered entity shall make the information described in subparagraph (A) available in both a human-readable and a machine-readable format. (2) Right of deletion A covered entity shall make available an easy-to-use mechanism by which an individual, upon verified request, may request the deletion of any personally-identifiable health data relating to such individual that is retained by such covered entity. (3) Requirements for access and deletion (A) Timeline for complying with requests A covered entity shall comply with a verified request received under this subsection without undue delay, but not later than 45 days after the date on which such covered entity receives such verified request. (B) Fees prohibited A covered entity may not charge a fee to an individual for a request made under this subsection. (C) Rules of construction Nothing in this section shall be construed— (i) as supplanting or abrogating any provision of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 (ii) to require a covered entity to— (I) take an action that would convert information that is not personally-identifiable health data into personally-identifiable health data; (II) collect or retain personally-identifiable health data that such covered entity would not otherwise collect or retain; or (III) retain personally-identifiable health data longer than such covered entity would otherwise retain such data. 3. Enforcement (a) Enforcement by the Commission (1) Unfair and deceptive acts or practices A violation of section 2 or a regulation promulgated thereunder shall be treated as an unfair and deceptive act or practice proscribed under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) (2) Powers of the Commission (A) In general The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (3) Rulemaking The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act. (b) Enforcement by individuals (1) In general Any individual who suffers an injury (including the denial of a right established under this Act) as a result of a violation of this Act or a regulation promulgated thereunder by a covered entity may bring a civil action against such covered entity in Federal district court. (2) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award the plaintiff— (A) for a— (i) violation of section 2(a), an amount equal to the greater of— (I) $1,000 in statutory damages per commercial advertisement generated in violation of such subsection; or (II) the sum of any actual damages sustained; or (ii) violation of section 2(b), an amount equal to the sum of any actual damages sustained; and (B) reasonable attorney’s fees and litigation costs. 4. Definitions (a) In general In this Act: (1) Collect The term collect (2) Commercial advertising The term commercial advertising (3) Commission The term Commission (4) Covered entity The term covered entity (A) is subject to the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) collects, on an annual basis, the personally-identifiable health data of not less than 1,000 individuals in the United States. (b) Rulemaking Not later than 180 days after the date of enactment of this Act, the Commission shall conduct a rulemaking pursuant to section 553 of title 5, United States Code, to define the terms public health campaign personally-identifiable health data
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Stop Commercial Use of Health Data Act
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Increasing Access to Dental Insurance Act This bill permits individuals to enroll in a dental benefits plan on a health insurance exchange without also enrolling in a qualified health plan.
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117 S4739 IS: Increasing Access to Dental Insurance Act U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4739 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Hassan Mr. Cassidy Committee on Health, Education, Labor, and Pensions A BILL To allow additional individuals to enroll in standalone dental plans offered through Federal Exchanges. 1. Short title This Act may be cited as the Increasing Access to Dental Insurance Act 2. Standalone dental plans Section 1321 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18041 (f) Availability of standalone dental plans The Secretary may not restrict any qualified individual from enrolling in a plan described in section 1311(d)(2)(B)(ii) offered through an Exchange established pursuant to subsection (c) on the basis of such qualified individual not being also enrolled in a qualified health plan offered through the Exchange. .
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Increasing Access to Dental Insurance Act
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Western Balkans Democracy and Prosperity Act This bill addresses economic and political development in the Western Balkans (Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia), including by supporting anti-corruption and trade initiatives.
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117 S4741 IS: Western Balkans Democracy and Prosperity Act U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4741 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mrs. Shaheen Mr. Wicker Mr. Tillis Mr. Durbin Mr. Cardin Mr. Van Hollen Committee on Foreign Relations A BILL To encourage increased trade and investment between the United States and the countries in the Western Balkans, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Western Balkans Democracy and Prosperity Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Defined term. Sec. 5. Codification of sanctions relating to the Western Balkans. Sec. 6. Democratic and economic development and prosperity initiatives. Sec. 7. Countering malign influence and promoting cross-cultural engagement. Sec. 8. Peace Corps in the Western Balkans. Sec. 9. Balkans Youth Leadership Initiative. 2. Findings Congress finds the following: (1) The six countries of the Western Balkans (Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia) form a pluralistic, multi-ethnic region in the heart of Europe that is critical to Europe’s peace, stability, and prosperity. (2) Continued peace, stability, and prosperity in the Western Balkans is directly tied to opportunities for democratic and economic advancement available to the citizens and residents of those six countries. (3) It is in the mutual interest of the United States and the six countries of the Western Balkans to promote stable and sustainable economic growth and development in the region. (4) The reforms and integration with the European Union pursued by countries in the Western Balkans have led to significant democratic and economic progress in the region. (5) Despite economic progress, rates of poverty and unemployment in the Western Balkans remain higher than in neighboring European Union countries. (6) Out-migration, particularly of youth, is affecting demographics in every country in the Western Balkans, resulting in negative population growth in all six countries. (7) Creating a welcoming environment for investment and creating employment opportunities in the Western Balkans, especially for youth, can provide powerful tools for economic development and for encouraging broader participation in a political process that increases prosperity for all. (8) Offering opportunities for inclusive, transparent economic growth and merit-based employment to people living in the Western Balkans will encourage higher levels of trade and direct investment and support positive economic and political developments occurring throughout the region. (9) Existing regional economic efforts, such as the Common Regional Market and the Open Balkans initiative, have great potential to improve the economic conditions in the Western Balkans, while promoting inclusion and transparency. (10) The Department of Commerce, through its Foreign Commercial Service, plays an important role in promoting and facilitating opportunities for United States trade and investment. (11) Corruption continues to plague the Western Balkans and represents one of the greatest impediments to further economic and political development in the region. (12) Disinformation campaigns targeting the Western Balkans threaten the credibility of Western democratic institutions, the integrity of national elections, and the response to COVID–19. (13) Corruption and disinformation proliferate in political environments marked by autocratic control or partisan conflict. (14) Dependence on Russian sources of natural gas for the countries of the Western Balkans ties their economies and politics to the Russian Federation and inhibits their aspirations for European integration. (15) The Western Balkans reliance on fossil fuels for energy sources causes damage to the environment and to human health, while inhibiting economic development in the region. (16) Reducing the Western Balkans’ reliance on Russian natural gas supplies and fossil fuels is in the national interest of the United States. (17) China’s growing influence in the Western Balkans could also have a deleterious impact on strategic competition, democracy, and economic integration with Europe. (18) The United States International Development Finance Corporation plays an important role in the pursuit of United States policy goals focused on economic development. (19) In March 2022, the President launched the European Democratic Resilience Initiative to bolster democratic resilience, advance anti-corruption efforts, and defend human rights in Ukraine and its neighbors in response Russia’s war of aggression. 3. Sense of Congress It is the sense of Congress that the United States should— (1) encourage increased trade and investment between the United States and allies and partners in the Western Balkans; (2) expand United States assistance to regional integration efforts in the Western Balkans; (3) strengthen and expand regional economic integration in the Western Balkans, especially enterprises owned by and employing women and youth; (4) work with allies and partners committed to improving the rule of law, energy resource diversification, democratic and economic reform, and the eradication of poverty in the Western Balkans; (5) increase United States trade and investment with the Western Balkans, particularly in ways that— (A) decrease dependence on Russian energy sources and fossil fuels; (B) increase energy diversification, efficiency, and conservation; and (C) facilitate the transition to cleaner and more reliable sources of energy, including renewables; (6) facilitate the development of strong civil societies, independent media, transparent, accountable, citizen-responsive governance, and political stability in the Western Balkans; (7) support the expeditious accession of the countries in the Western Balkans to the European Union and to the North Atlantic Treaty Organization (NATO) for those that desire membership; (8) support— (A) maintaining the full European Union Force (EUFOR) mandate in Bosnia and Herzegovina as being in the national security interests of the United States; (B) encouraging NATO and the European Union to review their mission mandates and posture in Bosnia and Herzegovina to ensure they are playing a proactive role in establishing a safe and secure environment, particularly the defense environment; (C) using the voice of the United States in NATO to encourage alliance planning and support of an international military force to maintain a safe and secure environment in Bosnia and Herzegovina, especially if Russia blocks reauthorization of the mission in the United Nations; and (D) a strengthened NATO headquarters in Sarajevo; (9) continue security cooperation with Albania, Montenegro, and North Macedonia through the auspices of NATO and through continued bilateral cooperation; (10) continue to support Montenegro’s ongoing accession negotiations with the European Union, including by providing assistance to Montenegro to help the country promptly meet European Union membership criteria; (11) continue to support North Macedonia’s and Albania’s applications for European Union membership by supporting improvement of their respective abilities to meet democracy benchmarks required for accession; (12) continue to support Bosnia and Herzegovina’s pursuit of European Union candidate status by encouraging meaningful advancement of its reform agenda; (13) continue to support the cultural heritage, and recognize the languages of the Western Balkans; (14) coordinate closely with the European Union, the United Kingdom, and other allies and partners on sanctions designations and work to align efforts as much as possible to demonstrate a clear commitment to upholding democratic values; (15) expand bilateral security cooperation with non-NATO member Balkan countries, particularly efforts focused on regional integration and cooperation, including through the Adriatic Charter, done at Tirana May 2, 2003; (16) increase efforts to combat Russian disinformation campaigns and any other malign, destabilizing, or disruptive activities targeting the Western Balkans through engagement with government institutions, political stakeholders, journalists, civil society organizations, and industry leaders; (17) articulate clearly and unambiguously the United States commitment to supporting democratic values and respect for international law as the sole path forward for the countries of the Western Balkans; and (18) support the mission of the Peace Corps to promote world peace and friendship by helping the people of interested countries to meet their need for trained men and women, which provides an invaluable opportunity to connect the American people with the people of the Western Balkans. 4. Defined term In this Act, the term appropriate congressional committees (1) the Committee on Foreign Relations of the Senate (2) the Committee on Appropriations of the Senate (3) the Committee on Foreign Affairs of the House of Representatives (4) the Committee on Appropriations of the House of Representatives 5. Codification of sanctions relating to the Western Balkans (a) In general The United States sanctions imposed through the Executive orders specified in subsection (b) relating to obstructing the Dayton Accords and corruption, including all sanctions imposed with respect to persons under such Executive orders as of the date of the enactment of this Act, shall remain in effect, except as provided in subsection (c). (b) Executive orders specified The Executive orders specified in this subsection are— (1) Executive Order 13219 ( 50 U.S.C. 1701 (2) Executive Order 14033 ( 50 U.S.C. 1701 (c) Termination of sanctions The President may terminate the application of sanctions described in subsection (a) with respect to a person if the President certifies to the appropriate congressional committees that— (1) such person— (A) is not engaging in the activity that was the basis for such sanctions; or (B) has taken significant verifiable steps toward stopping such activity; and (2) the President has received reliable assurances that such person will not knowingly engage in activity subject to such sanctions in the future. 6. Democratic and economic development and prosperity initiatives (a) Anti-Corruption initiative The Secretary of State, through ongoing and new programs, shall develop an initiative that— (1) seeks to expand technical assistance for the development of national anti-corruption strategies to each country of the Western Balkans, or for the support of national anti-corruption strategies already created, taking into account local conditions and contingent on the agreement of the host country government; (2) seeks to share best practices with, and provide training to, law enforcement agencies and judicial institutions, and other relevant administrative bodies, in countries in the region to improve the efficiency, transparency, and accountability of such agencies and institutions; (3) provides support to combat political corruption, particularly in campaign finance, and to strengthen regulatory and legislative oversight of critical governance areas, such as freedom of information and public procurement; and (4) includes the Western Balkans in the European Democratic Resilience Initiative, and considers the region as a recipient of anti-corruption funding for such initiative. (b) Prioritizing regional trade and economic competitiveness (1) Sense of congress It is the sense of Congress that— (A) promoting stronger economic, civic, and political relationships among the countries in the Western Balkans will enable such countries to better utilize existing resources and maximize their economic security and resilience by increasing trade in goods and services among other countries in the region; and (B) United States investments in and assistance toward creating a more integrated region ensures political stability and security for the region. (2) Comprehensive, 5-year strategy for economic development and democratic resilience in the western balkans Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development, in coordination with the Secretary of the Treasury, the Secretary of Commerce, and the Chief Executive Officer of the United States International Development Finance Corporation, shall submit to the appropriate congressional committees a regional economic development and democratic resilience strategy for the Western Balkans that— (A) considers the full set of tools and resources available from the agencies overseen by such Federal officials; (B) includes efforts to ensure coordination with multilateral and bilateral partners, such as the European Union, the World Bank, and other relevant assistance frameworks; (C) includes an initial public assessment of— (i) economic opportunities for which United States businesses, or those of other like-minded partners, would be competitive; (ii) legal, economic, governance, infrastructural, or other barriers limiting United States investment in the Western Balkans; (iii) the effectiveness of existing regional cooperation initiatives, such as the Open Balkan initiative and the Western Balkans Common Regional Market; and (iv) ways to increase United States trade in the Western Balkans; (D) develops human and institutional capacity and infrastructure across multiple sectors of economies, including clean energy, energy efficiency, agriculture, small and medium-sized enterprise development, health, and cybersecurity; (E) assists with the development and implementation of regional and international trade agreements; (F) supports women-owned enterprises and gender equality; (G) promotes government policies that combat corruption and encourage transparency, free and fair competition, sound governance, judicial reform, environmental protection, and business environments conducive to sustainable and inclusive economic growth; and (H) includes a public diplomacy strategy that describes the actions that will be taken by relevant agencies to ensure that populations in the Western Balkans are aware of the development activities of the United States Government. (3) Briefing Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall provide a briefing for the appropriate congressional committees that describes the progress made towards developing the strategy required under paragraph (2). (c) Regional trade and development initiative (1) Authorization The Secretary of State and the Administrator of the United States Agency for International Development, in coordination with the Chief Executive Officer of the United States International Development Finance Corporation and the Secretary of Commerce, is authorized to coordinate a regional trade and development initiative in accordance with this subsection. (2) Initiative elements The initiative authorized under paragraph (1) shall— (A) promote private sector growth and competitiveness and increase the capacity of businesses, particularly small and medium-sized enterprises; (B) aim to increase interregional exports to other countries in the Balkans and neighboring countries and European Union member states; (C) aim to increase United States exports to and investments in countries in the Balkans; (D) support startup companies by providing training in business skills and leadership, providing opportunities to connect to sources of capital, and by encouraging startup companies that are led by youth or women; (E) encourage and promote inward and outward investment through engagement with the Western Balkans diaspora community in the United States and abroad; (F) assist governments to develop— (i) regulations to ensure fair and effective investment; and (ii) screening tools to identify and deter malign investments and other coercive economic practices; (G) review existing assistance programming across Federal agencies— (i) to eliminate duplication; and (ii) to identify areas of coordination within the Balkans region, which shall include the 6 Western Balkans countries and any country that shares a border with any of such countries; (H) identify areas where application of additional resources could expand successful programs to 1 or more countries in the region by building on the existing experience and program architecture; (I) compare existing single-country sector analyses to determine areas of focus that would benefit from a regional approach; and (J) promote intraregional trade through— (i) programming, including grants, cooperative agreements, and other forms of assistance; (ii) expanding awareness of the availability of loans and other financial instruments from the United States Government, including from the United States International Development Finance Corporation and the Export-Import Bank of the United States; and (iii) coordinating access to existing trade instruments available through allies and partners in the region, including the European Union and international financial institutions. (3) Support for regional infrastructure projects The initiative authorized under paragraph (1), consistent with the BUILD Act of 2018 (division F of Public Law 115–254 Public Law 116–94 (A) transportation projects that build roads, bridges, railways and other physical infrastructure to facilitate travel of goods and people throughout the Balkans region, particularly interstate travel; (B) technical support and investments needed to meet United States and European Union standards for air travel, including screening and information sharing; (C) the development of telecommunications networks from trusted providers; (D) infrastructure projects that connect Western Balkan countries to each other and to countries with which they share a border; (E) the effective analysis of tenders and transparent procurement processes; (F) investment transparency programs that will help countries in the Western Balkans analyze gaps and establish institutional and regulatory reforms necessary— (i) to create an enabling environment for trade and investment; and (ii) to strengthen protections against suspect investments through public procurement and privatization and through foreign direct investments; (G) sharing best practices learned from the United States and other international partners to ensure that institutional and regulatory mechanisms for addressing these issues are fair, nonarbitrary, effective, and free from corruption; (H) projects that reduce reliance on fossil fuels and facilitate the transition to clean sources of energy; (I) technical assistance and generating private investment in projects that promote connectivity and energy-sharing in the Western Balkans region; (J) technical assistance to support regional collaboration on environmental protection that includes governmental, political, civic, and business stakeholders; and (K) technical assistance to develop financing options and help create linkages with potential financing institutions and investors. (4) Loans (A) In general Amounts appropriated under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia 2 U.S.C. 661a (B) Classification of loans and loan guarantees Amounts made available under subparagraph (A) for the costs of loans and loan guarantees, including the cost of modifying loans and loan guarantees, shall not be considered assistance for the purposes of any provisions of law limiting assistance to a country. (C) Consultation and notification Amounts made available under this subsection shall be subject to— (i) prior consultation with the appropriate congressional committees; and (ii) the regular notification procedures of the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. (5) Requirements All programming under the initiative authorized under paragraph (1) shall— (A) be open to the participation of all 6 Western Balkan countries; (B) be consistent with European Union accession requirements; (C) be focused on retaining talent within the Western Balkans; (D) promote government policies in Western Balkan countries that encourage free and fair competition, sound governance, environmental protection, and business environments that are conducive to sustainable and inclusive economic growth; (E) include gender analysis and efforts to promote gender equity; and (F) include a public diplomacy strategy to inform local and regional audiences in the Balkan region about the initiative, including specific programs and projects. (d) United States International Development Finance Corporation (1) Appointments Not later than 1 year after the date of the enactment of this Act, subject to the availability of appropriations, the Chief Executive Officer of the United States International Development Finance Corporation (referred to in this subsection as the DFC (A) a regional DFC office with responsibilities for the Western Balkans is established in the region and is operational; and (B) sufficient full-time DFC employees, including at least one permanent hire from the United States, are stationed in the office to serve United States interests in the Western Balkans. (2) Report Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the DFC shall submit a report to the appropriate congressional committees that includes— (A) a summary of the steps that have been taken to fulfill the requirements under paragraph (1); (B) an account of any additional resources and authorities needed to complete the requirements under paragraph (1); and (C) a description of the initial outreach plan for the new regional DFC office. (3) Joint report Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the DFC and the Administrator of the United States Agency for International Development shall submit a joint report to the appropriate congressional committees that includes— (A) an assessment of the benefits of providing sovereign loan guarantees to countries in the Western Balkans to support infrastructure and energy diversification projects; (B) an outline of additional resources, such as tools, funding, and personnel, which may be required to offer sovereign loan guarantees; and (C) an assessment of how the DFC can deploy its insurance products in support of bonds or other instruments issued to raise capital through United States financial markets. 7. Countering malign influence and promoting cross-cultural engagement (a) Sense of Congress It is the sense of Congress that— (1) promoting university partnerships in the Western Balkans, particularly in traditionally under-served communities, advances United States foreign policy goals and requires a whole of government approach, including the utilization of public-private partnerships; (2) such university partnerships will provide opportunities for exchanging academic ideas, technical expertise, research, and cultural understanding for the benefit of the United States; and (3) the six countries in the Western Balkans meet the requirements under section 105(c)(4) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151c(c)(4) (b) University partnerships The President, working through the Secretary of State, is authorized to provide assistance, consistent with section 105 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151c (1) supporting research and analysis on foreign policy and disinformation; (2) working with partner governments to reform policies, improve curricula, strengthen data systems, train teachers, and provide quality, inclusive learning materials; (3) providing individuals, particularly at-risk youth, women, people with disabilities, and other vulnerable, marginalized, or underserved communities, with relevant education, training, and skills for meaningful employment; (4) removing barriers to entering formal education for out-of-school individuals, assisting such individuals to stay in school, and providing an opportunity for any individuals left behind to catch up on schooling; (5) promoting teaching and research exchanges between institutions of higher education in the Western Balkans and in the United States; and (6) encouraging alliances and exchanges with like-minded institutions of education within the Western Balkans and the larger Europe continent. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2023 through 2027 to carry out this section. 8. Peace Corps in the Western Balkans (a) Sense of Congress It is the sense of Congress that— (1) the Peace Corps should be reinstated in the Western Balkans by reopening Peace Corps programs in as many Western Balkans countries as safely possible, including where the Peace Corps had previously operated, or has suspended operations due to the COVID–19 pandemic; (2) the Peace Corps should reopen its programs in as many of the Western Balkans countries as possible, including where the Peace Corps operated previously, but later suspended operations; and (3) the Peace Corps, whose mission is to promote world peace and friendship, in part by helping the people of interested countries in meeting their need for trained men and women, provides an invaluable opportunity to connect the people of the United States with the people of the Western Balkans. (b) Report Not later than 180 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit a report to the appropriate congressional committees that includes— (1) an analysis of current opportunities for Peace Corps expansion in the Western Balkans region; and (2) a plan and timeline for implementing the outcomes described in subsection (a) to facilitate expansion of Peace Corps presence in the Western Balkans region, as appropriate. 9. Balkans Youth Leadership Initiative (a) Sense of Congress It is the sense of Congress that regular people-to-people exchange programs that bring religious leaders, journalists, civil society members, politicians, and other people from the Western Balkans to the United States will strengthen existing relationships and advance United States interests and shared values in the Western Balkans region. (b) Authorization The Secretary of State shall further develop and implement a program, to be known as the Balkans Youth Leadership Initiative BOLD (c) Conduct of initiative BOLD shall seek— (1) to build the capacity of young Balkan leaders in the Western Balkans in the areas of business and information technology, cyber security and digitization, agriculture, civic engagement, and public administration; (2) to support young Balkan leaders by offering professional development, training, and networking opportunities, particularly in the areas of leadership, innovation, civic engagement, elections, human rights, entrepreneurship, good governance, and public administration; (3) to support young political, parliamentary, and civic leaders in collaboration on regional initiatives related to good governance, environmental protection, government ethics, and minority inclusion; and (4) to provide increased economic and technical assistance to young Balkan leaders to promote economic growth and strengthen ties between United States and Balkan businesses. (d) Fellowships BOLD should award fellowships to young Balkans leaders who— (1) are between 25 and 35 years of age; (2) have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership; (3) have had a positive impact in their communities, organizations, or institutions, including by promoting cross-regional and multiethnic cooperation; and (4) represent a cross-section of gender, regional, and ethnic diversity. (e) Public engagement center BOLD should seek to procure space, hire staff, and develop programming for the establishment of a flagship public engagement and leadership center in the Western Balkans that seeks— (1) to counter disinformation and malign influence; (2) to promote cross-cultural engagement; (3) to provide training for young Balkan leaders described in subsection (d); and (4) to harmonize the efforts of existing venues throughout the Western Balkans established by the Office of American Spaces. (f) Briefing (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Educational and Cultural Affairs, shall provide a briefing to the appropriate congressional committees that describes the status of exchange programs involving the Western Balkans region. (2) Elements The briefing required under paragraph (1) shall— (A) assess the factors constraining the number and frequency of International Visitor Leadership Program participants from the 6 countries of the Western Balkans; (B) identify the resources that are necessary to address the factors described in subparagraph (A); and (C) describe a strategy for connecting alumni and participants of the Department of State’s professional development exchange programs in the Western Balkans with alumni and participants from other countries in Europe, to enhance inter-region and intra-region people-to-people ties. (g) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2023 through 2027 to carry out this section.
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Western Balkans Democracy and Prosperity Act
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Military Housing Readiness Council Act This bill establishes the Department of Defense Military Housing Readiness Council to review and make recommendations to the Department of Defense (DOD) regarding policies for privatized military housing. The council must also monitor compliance by DOD with statutory improvements to policies for privatized military housing and make recommendations to improve collaboration, awareness, and promotion of accurate and timely information about privatized military housing, accommodations available through the Exceptional Family Member Program, and other support services among policymakers, service providers, and targeted beneficiaries. The council must make all documents publicly available until the council ceases to exist.
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117 S4742 IS: Military Housing Readiness Council Act U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4742 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Warren Mr. Tillis Committee on Armed Services A BILL To amend title 10, United States Code, to create a Department of Defense Military Housing Readiness Council to enhance oversight and accountability for deficiencies in military housing, and for other purposes. 1. Short title This Act may be cited as the Military Housing Readiness Council Act 2. Department of Defense Military Housing Readiness Council (a) In general Chapter 88 section 1781c 1781d. Department of Defense Military Housing Readiness Council (a) In general There is in the Department of Defense the Department of Defense Military Housing Readiness Council (in this section referred to as the Council (b) Members (1) In general The Council shall be composed of the following members: (A) The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Council and who may designate a representative to chair the Council in the absence of the Assistant Secretary. (B) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member of the armed force to be represented and not fewer than two of which shall be from an enlisted component. (C) One spouse of an active component member of each of the Army, Navy, Air Force, Marine Corps, and Space Force, not fewer than two of which shall be the spouse of an enlisted component member. (D) One individual appointed by the Secretary of Defense among representatives of the International Code Council. (E) One individual appointed by the Secretary of Defense among representatives of the Institute of Inspection Cleaning and Restoration Certification. (F) One individual appointed by the Chair of the Committee on Armed Services of the Senate who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (G) One individual appointed by the Ranking Member of the Committee on Armed Services of the Senate who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (H) One individual appointed by the Chair of the Committee on Armed Services of the House of Representatives who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (I) One individual appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (2) Terms The term on the Council of the members specified under subparagraphs (B) through (H) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. (3) Attendance by landlords The chair of the Council shall extend an invitation to each landlord for one representative of each landlord to attend such meetings of the Council as the chair considers appropriate. (c) Meetings The Council shall meet not less often than four times each year. (d) Duties The duties of the Council shall include the following: (1) To review and make recommendations to the Secretary of Defense regarding policies for privatized military housing, including inspections practices, resident surveys, landlord payment of medical bills for residents of housing units that have not maintained minimum standards of habitability, and access to maintenance work order systems. (2) To monitor compliance by the Department with and effective implementation by the Department of statutory improvements to policies for privatized military housing, including the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title and the complaint database established under section 2894a of this title. (3) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely information about privatized military housing, accommodations available through the Exceptional Family Member Program of the Department of Defense, and other support services among policymakers, service providers, and targeted beneficiaries. (e) Public reporting (1) Availability of documents Subject to section 552 of title 5 (commonly known as the Freedom of Information Act (2) Minutes (A) In general Detailed minutes of each meeting of the Council shall be kept and shall contain— (i) a record of the individuals present; (ii) a complete and accurate description of matters discussed and conclusions reached; and (iii) copies of all reports received, issued, or approved by the Council. (B) Certification The chair of the Council shall certify the accuracy of the minutes of each meeting of the Council. (f) Annual reports (1) In general Not later than March 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on privatized military housing readiness. (2) Elements Each report under this subsection shall include the following: (A) An assessment of the adequacy and effectiveness of the provision of privatized military housing and the activities of the Department of Defense in meeting the needs of military families relating to housing during the preceding fiscal year. (B) A description of activities of the Council during the preceding fiscal year, including— (i) analyses of complaints of tenants of housing units; (ii) data received by the Council on maintenance response time and completion of maintenance requests relating to housing units; (iii) assessments of dispute resolution processes; (iv) assessments of overall customer service for tenants; (v) assessments of results of housing inspections conducted with and without notice; and (vi) any survey results conducted on behalf of or received by the Council. (C) Recommendations on actions to be taken to improve the capability of the provision of privatized military housing and the activities of the Department of Defense to meet the needs and requirements of military families relating to housing, including actions relating to the allocation of funding and other resources. (3) Public availability Each report under this subsection shall be made available in a publicly accessible format on a website of the Department of Defense. (g) Definitions In this section: (1) Landlord The term landlord (2) Privatized military housing The term privatized military housing . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1781c the following new item: 1781d. Department of Defense Military Housing Readiness Council. .
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Military Housing Readiness Council Act
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Drone Infrastructure Inspection Grant Act This bill establishes programs within the Department of Transportation (DOT) to support the use of drones and other small, unmanned aircraft systems when inspecting, repairing, or constructing road infrastructure, electric grid infrastructure, water infrastructure, or other critical infrastructure. Specifically, DOT must award grants to state, tribal, and local governments; metropolitan planning organizations; or groups of those entities to purchase or otherwise use drones to increase efficiency, reduce costs, improve worker and community safety, reduce carbon emissions, or meet other priorities when carrying out inspections, repairs, and construction. Grant recipients must use domestically manufactured drones that are made by companies not subject to influence or control from certain foreign entities, including China and Russia. DOT must also award grants to certain institutions of higher education for training students for careers using drones and related technologies.
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117 S4744 IS: Drone Infrastructure Inspection Grant Act U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4744 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Rosen Mr. Boozman Mr. Blumenthal Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to establish in the Department of Transportation a drone infrastructure inspection grant program and a drone education and training grant program, and for other purposes. 1. Short title This Act may be cited as the Drone Infrastructure Inspection Grant Act 2. Drone infrastructure inspection grant program (a) Authority The Secretary of Transportation shall establish a drone infrastructure inspection grant program to make grants to governmental entities to facilitate the use of eligible small unmanned aircraft systems to increase efficiency, reduce costs, improve worker and community safety, reduce carbon emissions, or meet other priorities (as determined by the Secretary) related to critical infrastructure projects. (b) Use of grant amounts A governmental entity may use a grant provided under this section to— (1) purchase or lease eligible small unmanned aircraft systems; (2) support operational capabilities of eligible small unmanned aircraft systems by the governmental entity; (3) contract for services performed with an eligible small unmanned aircraft system in circumstances in which the governmental entity does not have the resources or expertise to safely carry out or assist in carrying out the activities described under subsection (a); and (4) support the program management capability of the governmental entity to use an eligible small unmanned aircraft system. (c) Eligibility To be eligible to receive a grant under this section, a governmental entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including an assurance that the governmental entity or its contractor will comply with relevant Federal regulations. (d) Selection of applicants In selecting an applicant for a grant under this section, the Secretary shall prioritize projects that propose to— (1) carry out a critical infrastructure project in a historically disadvantaged community; or (2) address a safety risk in the inspection, operation, maintenance, repair, modernization, or construction of an element of critical infrastructure. (e) Limitation Nothing in this section shall be construed as to interfere with an agreement between a governmental entity and a labor union. (f) Report to Congress Not later than 1 year after the first grant is provided under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the program carried out under this section, including— (1) a description of the number of grants awarded; (2) the amount of each grant; (3) the activities funded under this section; and (4) the effectiveness of such funded activities in meeting the objectives described in subsection (a). (g) Funding (1) Federal share (A) In general Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant under this section shall not exceed 80 percent of the total project cost. (B) Waiver The Secretary may increase the Federal share requirement under subparagraph (A) to up to 100 percent for a project carried out using a grant under this section by a governmental entity if such entity— (i) submits a written application to the Secretary requesting an increase in the Federal share; and (ii) demonstrates that the additional assistance is necessary to facilitate the acceptance and full use of a grant under this section, such as alleviating economic hardship, meeting additional workforce needs, or such other uses that the Secretary determines to be appropriate. (2) Authorization of appropriations There are authorized to be appropriated to carry out this section— (A) $50,000,000 for fiscal year 2023; and (B) $50,000,000 for fiscal year 2024. 3. Drone education and workforce training grant program (a) Authority The Secretary of Transportation shall establish a drone education and training grant program to make grants to educational institutions for workforce training for eligible small unmanned aircraft system technology. (b) Use of grant amounts Amounts from a grant under this section shall be used in furtherance of activities authorized under sections 631 and 632 of the FAA Reauthorization Act 2018 ( 49 U.S.C. 40101 (c) Eligibility To be eligible to receive a grant under this section, an educational institution shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $50,000,000 for fiscal year 2023; and (2) $50,000,000 for fiscal year 2024. 4. Definitions In this Act: (1) Covered foreign entity The term covered foreign entity (A) included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce; (B) domiciled in the People’s Republic of China or the Russian Federation; (C) subject to influence or control by the government of the People’s Republic of China or by the Russian Federation; or (D) is a subsidiary or affiliate of an entity described in subparagraphs (A) through (C). (2) Critical infrastructure The term critical infrastructure 42 U.S.C. 5195c(e) (3) Critical infrastructure project The term critical infrastructure project (4) Educational institution The term educational institution 20 U.S.C. 1001 49 U.S.C. 40101 (5) Element of critical infrastructure The term element of critical infrastructure (6) Eligible small unmanned aircraft system The term eligible small unmanned aircraft system (7) Governmental entity The term governmental entity (A) a State, the District of Columbia, the Commonwealth of Puerto Rico, a territory of the United States, or a political subdivision thereof; (B) a unit of local government; (C) a Tribal Government; (D) a metropolitan planning organization; or (E) a combination of the entities described in subparagraphs (A) through (D). (8) Small unmanned aircraft; unmanned aircraft; unmanned aircraft system The terms small unmanned aircraft unmanned aircraft unmanned aircraft system
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Drone Infrastructure Inspection Grant Act
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Spotted Wing Abatement Trust Act of 2022 or the SWAT Act of 2022 This bill directs the Animal and Plant Health Inspection Service to establish a fund for research relating to, and activities to mitigate the negative effects of, spotted wing drosophila. Spotted wing drosophila is an invasive species from East Asia that has caused significant damage to many valuable fruit crops in the United States, including raspberries, blackberries, blueberries, strawberries, peaches, plums, and cherries.
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117 S4745 IS: Spotted Wing Abatement Trust Act of 2022 U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4745 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Peters Ms. Collins Mr. Braun Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Plant Protection Act to establish a fund for spotted wing drosophila research and mitigation. 1. Short title This Act may be cited as the Spotted Wing Abatement Trust Act of 2022 SWAT Act of 2022 2. Findings Congress finds that— (1) the spotted wing drosophila, an invasive species from East Asia, has caused significant damage to many valuable fruit crops in the United States, including raspberries, blackberries, blueberries, strawberries, peaches, plums, and cherries; and (2) the Department of Agriculture estimates that spotted wing drosophila account for a combined 20 percent revenue loss across strawberry, blueberry, raspberry, blackberry, and cherry crops, based on reported yield losses due to that species. 3. Spotted wing drosophila research and mitigation Subtitle A of the Plant Protection Act ( 7 U.S.C. 7711 et seq. 420A. Spotted wing drosophila research and mitigation (a) In general The Administrator of the Animal and Plant Health Inspection Service (referred to in this section as the Administrator (b) Administration of fund The Administrator shall— (1) determine eligible recipients to enter into cooperative agreements with, or award grants to, using amounts in the fund established under subsection (a); and (2) oversee the activities carried out using amounts in that fund. (c) Authorization of appropriations There is authorized to be appropriated for the fund established under subsection (a) $6,500,000 for each of fiscal years 2022 through 2028. .
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Spotted Wing Abatement Trust Act of 2022
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Solidify Iran Sanctions Act of 2022 This bill permanently extends certain sanctions against Iran.
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104 S4746 IS: Solidify Iran Sanctions Act of 2022 U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4746 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Scott of South Carolina Ms. Hassan Mr. Hagerty Ms. Rosen Committee on Banking, Housing, and Urban Affairs A BILL To repeal the sunset provision of the Iran Sanctions Act of 1996, and for other purposes. 1. Short title This Act may be cited as the Solidify Iran Sanctions Act of 2022 2. Findings Congress makes the following findings: (1) The Iran Sanctions Act of 1996 ( Public Law 104–172 50 U.S.C. 1701 (2) The Government of Iran has acquired destabilizing conventional weapons systems from the Russian Federation and other malign actors, and is funneling weapons and financial support to its terrorist proxies throughout the Middle East, threatening allies and partners of the United States, such as Israel. 3. Statement of policy It is the policy of the United States to fully implement and enforce the Iran Sanctions Act of 1996 ( Public Law 104–172 50 U.S.C. 1701 4. Repeal of sunset Section 13 of the Iran Sanctions Act of 1996 ( Public Law 104–172 50 U.S.C. 1701 (1) in the section heading, by striking ; sunset (2) by striking (a) Effective date (3) by striking subsection (b).
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Solidify Iran Sanctions Act of 2022
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Investing in Kids' Mental Health Now Act of 2022 This bill temporarily increases the payment rate for pediatric mental, emotional, and behavioral health services, including telehealth services, under Medicaid. The Centers for Medicare & Medicaid Services must issue guidance on how states may expand such services through provider flexibilities and other regulatory pathways.
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117 S4747 IS: Investing in Kids’ Mental Health Now Act of 2022 U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4747 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Portman Mr. Casey Committee on Finance A BILL To amend title XIX of the Social Security Act to expand the availability of mental, emotional, and behavioral health services under the Medicaid program, and for other purposes. 1. Short title This Act may be cited as the Investing in Kids’ Mental Health Now Act of 2022 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Payment rate increase for pediatric behavioral health services. Sec. 4. Guidance to States on supporting mental, emotional, and behavioral health services, and on the availability of telehealth under Medicaid. Sec. 5. Ensuring children receive timely access to care. 3. Payment rate increase for pediatric behavioral health services (a) Payment rate increase for pediatric behavioral health services Section 1902 of the Social Security Act ( 42 U.S.C. 1396a (1) in subsection (a)(13)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by adding and (C) by adding at the end the following new subparagraph: (D) that, for a 1-year period that begins not later than 6 months after the date of enactment of this subparagraph, the State shall pay for pediatric mental, emotional, and behavioral health services (as defined in subsection (tt)) furnished during such period at a rate that is at least 1 percent, and not more than 9 percent, higher than the rate that was applicable to such services under the State plan as of the day before the date that is 6 months before the date of enactment of this subparagraph; ; and (2) by adding at the end the following new subsection: (tt) Pediatric mental, emotional, and behavioral health services defined For purposes of subsection (a)(13)(D), the term pediatric mental, emotional, and behavioral health services (1) Mental health and substance use disorder screenings. (2) Mental health development assessments. (3) Mental health behavior assessments and interventions. (4) Psychological and neuropsychological testing and assessment. (5) Mental health primary prevention services. (6) Mental health and substance use disorder case management services. (7) School-based mental health and substance use disorder prevention, identification, and treatment services. (8) Child and adolescent psychiatry and psychology services. (9) Partial hospitalization services. (10) Day program services. (11) Intensive outpatient services. (12) Eating disorder treatment services. (13) Outpatient services. (14) Crisis residential services. (15) Crisis intervention and stabilization. (16) Inpatient psychiatric and psychological services. (17) Individual therapy. (18) Family therapy. (19) Group therapy services. (20) Intensive in-home services. (21) Peer support services. (22) Provider-to-provider consultation services involving primary care practitioners and mental health care specialists, including child and adolescent specialists. (23) Substance use disorder screening, including SBIRT, and treatment. (24) Medication management. (25) Any other pediatric mental, emotional, or behavioral health service determined appropriate by the Secretary. . (b) Under medicaid managed care plans Section 1932(f) of such Act ( 42 U.S.C. 1396u–2(f) (1) in the header, by inserting and pediatric mental, emotional, and behavioral health Services (2) by inserting and pediatric mental, emotional, and behavioral health services described in section 1902(a)(13)(D) section 1902(a)(13)(C) (3) by striking such section section 1902(a)(13) (c) Increase in payment using increased FMAP Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (jj) Increased FMAP for additional expenditures for pediatric mental, emotional, and behavioral health services Notwithstanding subsection (b), with respect to the portion of the amounts expended for medical assistance for services described in section 1902(a)(13)(D) that is furnished during the 1-year period described in such section and that is attributable to the increase to the payment rate applicable to such services required under such section (or, by application, section 1932(f)), the Federal medical assistance percentage for a State that is one of the 50 States or the District of Columbia shall be equal to 100 percent. The preceding sentence does not prohibit the payment of Federal financial participation based on the Federal medical assistance percentage for amounts in excess of those specified in such sentence. . 4. Guidance to States on supporting mental, emotional, and behavioral health services, and on the availability of telehealth under Medicaid (a) Mental, emotional, and behavioral health services Not later than 180 days after date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance to States on how to expand the provision of mental, emotional, and behavioral health services covered by State plans (or waivers of such plans) under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (b) Mental, emotional, and behavioral telehealth services Not later than 1 year after date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance to States on best practices to sustain and enhance the availability of mental, emotional, and behavioral telehealth services covered by State plans (or waivers of such plans) under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 5. Ensuring children receive timely access to care (a) Guidance to States on flexibilities To ensure provider capacity To provide pediatric mental, emotional, and behavioral crisis care Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide guidance to States on best practices to support children in crisis or in need of intensive mental, emotional, or behavioral health services by using flexibilities for hospitals and other providers under applicable laws, regulations, and guidance, including a description of how States are leveraging existing flexibilities to deliver crisis care. (b) Mandated report to Congress regarding barriers to repurposing of beds, space, and staff To address pediatric behavioral health needs (1) In general Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report with respect to regulatory, legal, and other barriers to care across the crisis continuum, including intermediate level care, such as intensive outpatient care or partial hospitalization, that identifies solutions to facilitate flexibility for children's hospitals and other providers of mental, emotional, or behavioral health services. (2) Requirements In preparing a report under this subsection, the Secretary of Health and Human Services shall include in such report— (A) a comprehensive list of laws, regulations, and guidance impacting children’s hospitals’ and other providers' ability to repurpose immediately beds, space, and staff for children in need of mental, emotional, or behavioral health services, including a description of the rationale for each policy and corresponding actions required to repurpose such beds, space, and staff; and (B) recommendations on how children’s hospitals and other providers can immediately expand access to mental, emotional, and behavioral health services, such as intensive outpatient care, partial hospitalization, and residential care, while also ensuring high quality and safety.
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Investing in Kids’ Mental Health Now Act of 2022
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Protecting National Access to Reproductive Care Act of 2022 This bill prohibits state or local governments from implementing or enforcing any restriction on the use of or access to any reproductive health product. The bill defines reproductive health product as any approved drug or device that is used to diagnose, prevent, manage, treat, or terminate a pregnancy or to prevent or manage conditions of the reproductive system. The bill allows the Department of Justice to bring a civil action and establishes a private right of action for violations.
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117 S4748 IS: Protecting National Access to Reproductive Care Act of 2022 U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4748 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Booker Ms. Smith Committee on the Judiciary A BILL To provide for national uniformity for reproductive health products. 1. Short title This Act may be cited as the Protecting National Access to Reproductive Care Act of 2022 2. Purpose (a) In general This section confirms the intention of Congress that, with respect to reproductive health products approved, licensed, cleared, or authorized by the Food and Drug Administration for specific uses as described in section 3(c), Federal regulation of such products has the effect of preempting any State or local law or regulation, criminal or civil, that has the effect of restricting the use of or access to any such product. (b) Rule of construction Nothing in this Act shall be construed to limit the preemptory effect of the regulation by the Food and Drug Administration of products that are not reproductive health products. 3. National uniformity for reproductive health products (a) In general No State or unit of local government, or State or local government official or other person acting under color of law may implement or enforce any law, requirement, prohibition, or limitation that restricts use or access, or has the effect of restricting use or access, by any individual to any reproductive health product. (b) Enforcement (1) Attorney General The Attorney General may commence a civil action in an appropriate district court of the United States on behalf of the United States against any State or unit of local government, State or local government official, or against any other person acting under color of law that implements or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful the limitation or requirement if it is in violation of subsection (a). (2) Private Right of Action (A) In general Any individual or entity, including any health care provider or patient, adversely affected by an alleged violation of subsection (a), may commence a civil action in an appropriate district court of the United States against any State or unit of local government, or State or local government official, or against any other person acting under color of law who violates subsection (a). The court shall hold unlawful the limitation or requirement if it is in violation of subsection (a). (B) Health care provider A health care provider may commence an action pursuant to subparagraph (A) in an appropriate district court of the United States for relief on its own behalf, on behalf of the provider’s staff, or on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of subsection (a). (3) Declaratory and equitable relief In any action under this subsection, the court may award appropriate declaratory or equitable relief, including temporary, preliminary, or permanent injunctive relief. (4) Costs In any action under this subsection, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this subsection. (5) Jurisdiction The district courts of the United States shall have exclusive jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (c) Definition In this section, the term reproductive health product (1) is approved under section 505 or section 515 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 42 U.S.C. 262 21 U.S.C. 360(k) 21 U.S.C. 360c(f)(2) (2) is used to— (A) diagnose, prevent, manage, treat, or terminate pregnancy; or (B) prevent or manage conditions of the reproductive system. (d) Authorization of appropriations For purposes of carrying out subsection (b)(1), there is authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022, to remain available until expended.
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Protecting National Access to Reproductive Care Act of 2022
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COPS Responsible Administration and Management Act This bill provides for evaluations of the Community Oriented Policing Services (COPS) program with respect to its administration and effectiveness, as well as the compliance of grantees with civil rights laws. It also provides for grants and other changes to the COPS program to support (1) state and local participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation, and (2) conformance of state and local law enforcement agencies with federal policies that generally prohibit chokeholds and no-knock entries.
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103 S4749 IS: COPS Responsible Administration and Management Act U.S. Senate 2022-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4749 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Booker Committee on the Judiciary A BILL To improve grants administered by the Office of Community Oriented Policing Services, and for other purposes. 1. Short title This Act may be cited as the COPS Responsible Administration and Management Act 2. Findings Congress finds the following: (1) The Office of Community Oriented Policing Services (referred to in this section as the COPS Office Public Law 103–322 (2) Since 1994, the COPS Office has distributed more than $14,000,000,000 to more than 13,000 State, local, and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 law enforcement officers under the program established under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 et seq. COPS program (3) For fiscal year 2022, Congress appropriated $246,000,000 for the COPS Hiring Program under section 1701(b)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b)(2) CHP (4) The total amounts appropriated for the COPS programs has steadily increased over the last several years from $222,000,000 for fiscal year 2017 to $512,000,000 for fiscal year 2022, adding to the administrative of responsibilities and workload of the COPS Office. (5) For fiscal years 2021 and 2022, in addition to continued funding for the CHP, COPS Office grants were awarded for a wide variety of purposes for law enforcement agencies to improve public safety and implement best practices. (6) In authorizing COPS program funding at increasing levels each year, Congress is obligated to monitor how these Federal dollars are invested and that funds are spent as effectively as possible to carry out the goals of the COPS program. (7) As the COPS program has expanded to provide increased funding for public safety, the critical need to dedicate resources to administering this program, overseeing its implementation, and tracking its efficacy becomes more pressing. Law enforcement agencies will likely need more resources to comply with accountability requirements as additional law enforcement officers are hired and training programs are made more robust. (8) The Federal Government should be investing in evidence-based, proven training strategies that will make the communities of the United States safer. Yet, many training techniques have not been sufficiently studied or do not empirically reduce use of force incidents. (9) When local law enforcement agencies receive Federal funding, they must comply with civil rights laws. (10) It is the duty of Congress to— (A) ensure the accountability of recipients of Federal funds; (B) manage taxpayer dollars in a responsible and efficient manner; and (C) prevent Federal dollars from supporting policing, or any other practices, that violate the civil and constitutional rights the people of the United States. (11) It is the duty of Congress to ensure that Federal funds are invested in effective law enforcement training techniques and technologies that— (A) reduce negative or dangerous encounters between communities and police, including use of force incidents; (B) increase the diversion to mental health and other social service of calls for service; and (C) improve public safety. (12) The COPS Office does not evaluate its programs or grant awards to ensure investments in activities that— (A) improve police relationships with communities; and (B) reduce negative or dangerous interactions between law enforcement officers and the public, including use of force incidents. (13) Congress must act to remedy this lack of oversight and ensure that— (A) the COPS program is operating in an effective way; and (B) funds are invested in activities that promote and enhance public safety and respect the dignity and rights of all people. (14) To ensure the efficient administration and responsible management of the COPS program, Congress must provide the Department of Justice sufficient resources to achieve these goals. (15) Accountability and transparency in law enforcement and all other government activities are essential to a healthy democracy and a functional system of public safety. Providing the Department of Justice and law enforcement agencies with the resources to implement, monitor, and optimize policing strategies will improve both community safety and public trust in law enforcement. 3. Evaluation of the administration of the COPS Office grant program Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall— (1) conduct a review of the grant program established under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 (A) the efficiency of the administration of the program, including the processes for developing and drafting solicitations, reviewing grant applications, and choosing grant recipients; and (B) the oversight of grant awards, including— (i) audits of grant awards; (ii) a verification that funds are used for the approved program activities; (iii) reporting requirements and analysis of information reported by grant recipients; (iv) evaluation of the outcomes and impacts of the grant program across demographic categories; and (v) other performance metrics use to assess the effectiveness of program activities in achieving the stated goals of— (I) improving community relationships; and (II) the reduction of negative or dangerous interactions between law enforcement officers and the public, including use of force incidents; (2) conduct a review of all Federal grant programs to identify duplicative grants; and (3) submit to the Attorney General, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report that— (A) summarizes the findings of the reviews performed under paragraph (1) and (2); (B) makes recommendations to enhance the administration, oversight, transparency and management of the grant program described in paragraph (1); and (C) identifies duplicative grants and makes recommendations for the consolidation or discontinuation of grant programs where possible. 4. Effectiveness of grants (a) Evaluation plan (1) In general Not later than 1 year after the date of enactment of this Act, Director of the Office of Management and Budget, in consultation with appropriate experts and stakeholders, shall develop a plan for the Office of Community Oriented Policing Services to evaluate the effectiveness of grants awarded under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 (A) the goals and objectives of improving public safety through a reduction in negative or dangerous interactions between law enforcement officers and the public, including use of force incidents; and (B) compliance with Federal law. (2) Contents The plan developed under paragraph (1) shall— (A) establish— (i) implementable reporting requirements for the purpose of assessing grant-funded activities; (ii) performance metrics that— (I) promote compliance with civil and human rights law and principles; (II) reduce negative or dangerous interactions between law enforcement officers and the public, including use of force incidents; and (III) measure the impact of grant activities on communities across demographic categories; (iii) the role of components of the Federal Government other than the Office of Community Oriented Policing Services in assisting in the oversight of those grants, including the Office of Management and Budget, the Office of the Inspector General of the Department of Justice, the Bureau of Justice Statistics, the Bureau of Justice Assistance, and the National Institute of Justice; and (iv) the process for the continued support of promising practices through the development and testing of innovative strategies; (B) build knowledge about effective practices and outcomes; (C) support new, creative approaches to preventing crime and promoting safe communities; (D) include a plan for the discontinuation of grant-funded activities that are in violation of the laws described in section 5(1) or other civil rights laws; (E) include a description of the resources necessary for the Department of Justice and the Office of Community Oriented Policing Services to implement the plan. (b) Implementation of evaluation plan Not later than 180 days after the date of completion of the plan required under subsection (a)(1), the Attorney General, in consultation with the Director of the Office of Management and Budget, the Inspector General of the Department of Justice, the Director of the Bureau of Justice Statistics, the Director of the Bureau of Justice Assistance, and the Director of the National Institute of Justice, shall implement the plan. (c) Funding There are authorized to be appropriated to the Director of the Office of Community Oriented Policing Services to carry out subsection (b) $10,000,000 for each of fiscal years 2023 through 2028. 5. Civil rights compliance Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Attorney General, in coordination with the Director of the Office of Justice Programs, the Director of the Office of Community Oriented Policing Services, and the Director of the Office on Violence Against Women, shall— (1) conduct a review of the implementation and administrative enforcement by the Department of Justice of title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. 34 U.S.C. 10228(c)(1) (2) implement a formal review process to ensure that recipients of grants under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 (3) establish a system for verifying that an applicant for grants administered by the Department of Justice demonstrate compliance with civil rights laws before the date on which the applicant receives any funds from such a grant; (4) suspend the award of any grant administered by the Department of Justice to a law enforcement agency that does not cooperate with a civil rights compliance review or investigation conducted by the Attorney General, including an investigation conducted pursuant to section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 (A) cooperates with the review or investigation; or (B) otherwise demonstrates compliance with the laws described in paragraph (1); and (5) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report summarizing the findings of the review conducted under paragraph (1). 6. Improving the COPS grant program (a) Use-of-Force data grants Not later than 1 year after the date of enactment of this Act, the Attorney General shall— (1) establish a grant program within the Office of Community Oriented Policing Services to provide grants to law enforcement agencies of States, units of local government, or Tribal governments to pay for the costs associated with participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; and (2) through the Bureau of Justice Assistance, develop and provide technical assistance to law enforcement agencies of State, units of local government, or Tribal governments for participation in the National Use-of-Force Data Collection of the Federal Bureau of Investigation. (b) Uniformity in policing policies (1) In general Subject to paragraph (2), the law enforcement agency of a State, unit of local of government, or Tribal government that applies for a grant under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 (A) Executive Order 14074 (87 Fed. Reg. 32945; relating to accountable policing and criminal justice practices); and (B) the policy contained in the memorandum issued by the Department of Justice on September 13, 2021 entitled Chokeholds & carotid restraints; knock and announce requirement (2) More stringent rules The law enforcement agency of a State, unit of local government, or Tribal law enforcement that applies for a grant under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 (A) is more stringent than a policy described in paragraph (1); (B) entirely bans the use of chokeholds or carotid restraints; or (C) entirely bans the use of no-knock entries. (c) Preferential consideration In awarding grants under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 (1) participate in the National Use-of-Force Data Collection of the Federal Bureau of Investigation; or (2) have implemented a policy described in subparagraph (B) or (C) of subsection (b)(2). (d) Funding There are authorized to be appropriated to the Director of the Office of Community Oriented Policing Services $20,000,000 for each of fiscal years 2023 through 2028 to increase staff, hire analysts, establish data collection and review systems, and establish the grant program under subsection (a)(1).
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COPS Responsible Administration and Management Act
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Restore Protections for Dialysis Patients Act This bill specifies that private health insurers may not limit, restrict, or condition benefits for renal dialysis services for individuals with end-stage renal disease as compared to other types of benefits for other medical conditions under Medicare secondary payer rules.
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117 S4750 IS: Restore Protections for Dialysis Patients Act U.S. Senate 2022-08-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4750 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Menendez Mr. Cassidy Committee on Finance A BILL To amend title XVIII of the Social Security Act to clarify and preserve the breadth of the protections under the Medicare Secondary Payer Act. 1. Short title This Act may be cited as the Restore Protections for Dialysis Patients Act 2. Clarification and preservation of prohibition under Medicare Section 1862(b)(1)(C) of the Social Security Act ( 42 U.S.C. 1395y(b)(1)(C) (1) in clause (i), by inserting , or that such an individual requires the use of an item or service, during the 12-month period (2) by adding at the end of the matter following clause (ii), the following new sentence: Notwithstanding any other provision of law, a group health plan shall be treated as differentiating in the benefits it provides in violation of clause (ii) if the plan limits, restricts, or conditions the benefits the plan provides for renal dialysis services as compared to the benefits the plan provides for other medical services that are necessary to treat other chronic medical conditions and that are covered under the plan.
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Restore Protections for Dialysis Patients Act
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Preventing Malign Chinese Influence on Academic Institutions This bill requires institutions of higher education (IHEs) to disclose information regarding gifts from and contracts with China-affiliated organizations. China-affiliated organization refers to any entity that receives support directly or indirectly from the Chinese government, including certain educational institutes or programs, think tanks, and business entities. Under current law, an IHE must disclose to the Department of Education (ED) a gift or contract from a foreign source that is valued at $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source in a calendar year. This bill establishes a special disclosure rule relating to China-affiliated organizations. Specifically, the bill requires an IHE to disclose a gift from or contract with a China-affiliated organization that is valued at $5,000 or more, considered alone or in combination with all other gifts from or contracts with that organization in a calendar year. Additionally, the bill requires an IHE that receives federal grants to annually file a report with ED that identifies any activities conducted pursuant to a contract or other agreement between the IHE and a China-affiliated organization, including any joint research or academic exchanges. Such a contract or other agreement must be made available on a publicly accessible website of the IHE.
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117 S4756 IS: Preventing Malign Chinese Influence on Academic Institutions U.S. Senate 2022-08-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4756 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Kennedy Committee on Health, Education, Labor, and Pensions A BILL To amend the disclosures of foreign gifts under the Higher Education Act of 1965 to provide special rules relating to China-affiliated organizations. 1. Short title This Act may be cited as the Preventing Malign Chinese Influence on Academic Institutions 2. Disclosures of foreign gifts Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f (1) in subsection (a), by striking Whenever Except as provided in subsection (d), whenever (2) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (3) by inserting after subsection (c) the following: (d) Special rules relating to China-Affiliated organizations (1) Enhanced disclosures of gifts and contracts (A) In general Whenever any institution receives a gift from or enters into a contract with a China-affiliated organization, the value of which is $5,000 or more, considered alone or in combination with all other gifts from or contracts with that organization within a calendar year, the institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner. (B) Contents of report Each report under subparagraph (A) shall include— (i) the information described in subsections (b) and (c) (as applicable); (ii) the full legal name of the individual or organization that made the gift or entered into the contract to which the disclosure pertains; and (iii) instructions for accessing the information made available under paragraph (3). (2) Disclosure of joint activities On an annual basis, any institution that receives funds under a Federal grant program shall file a disclosure report with the Secretary that identifies any activities conducted pursuant to a contract or other agreement between the institution and a China-affiliated organization, including any joint research or academic exchanges. (3) Public availability of agreements Each institution shall make available, on a publicly accessible website of the institution, the full text of any contract, agreement, or memorandum of understanding between the institution and a China-affiliated organization (regardless of whether the contract, agreement, or memorandum remains in effect). ; and (4) in subsection (i), as so redesignated— (A) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and (B) by inserting before paragraph (2) the following: (1) the term China-affiliated organization (A) a cultural, language, or educational institute or program; (B) a think tank that has received more than $100,000 in one calendar year or more than 10 percent of the total funding for such think tank for that year, whichever is less, from the Chinese Communist Party or individuals affiliated with the Chinese Communist Party; (C) a person who is a current member of the Chinese Communist Party or otherwise active in collaborating with the Chinese Government as an employee or advisor; (D) a Chinese State-owned enterprise or partially or wholly owned subsidiary of a Chinese State-owned enterprise; and (E) a company, think tank, nonprofit, or other similar entity, which has on its board of directors or with equity ownership or voting control in excess of 5 percent any members of the Chinese Communist Party or executives of a Chinese State-owned enterprise, including the president, vice president, or any other officer who performs a policy making function or any other person who performs similar policy making functions for such enterprise, including an executive officer of a subsidiary of such enterprise who performs such policy making functions. .
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Preventing Malign Chinese Influence on Academic Institutions
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Pandemic Heroes Compensation Act of 2021 This bill allows essential workers and their family members to file claims and receive compensation for harm or death suffered as a result of COVID-19 (i.e., coronavirus disease 2019). A Special Master appointed by the Department of Justice must review claims submitted and determine if a claimant is eligible for compensation, the extent of the harm to the claimant, and the amount of compensation to be awarded.
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117 S476 IS: Pandemic Heroes Compensation Act of 2021 U.S. Senate 2021-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 476 IN THE SENATE OF THE UNITED STATES February 25, 2021 Ms. Duckworth Mr. Blumenthal Mr. Markey Mr. Merkley Mrs. Gillibrand Mr. Kaine Committee on the Judiciary A BILL To provide for the establishment of a COVID–19 Compensation Fund, and for other purposes. 1. Short title This Act may be cited as the Pandemic Heroes Compensation Act of 2021 2. Definitions In this Act, the following definitions apply: (1) Claimant The term claimant (2) Collateral source The term collateral source (3) COVID– 19 The term COVID–19 (4) Economic loss The term economic loss (5) Essential worker The term essential worker (6) Noneconomic losses The term noneconomic losses (7) Special Master The term Special Master (8) Place of residence The term place of residence (9) Eligibility period The term eligibility period 3. Administration (a) In general The Attorney General, acting through a Special Master appointed by the Attorney General, shall— (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. (b) Appointment of Special Master and Deputy Special Masters The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Any such employee shall serve at the pleasure of the Attorney General. The Attorney General shall fix the annual salary of the Special Master and the Deputy Special Masters. (c) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Master in carrying out this Act. 4. Determination of eligibility for compensation (a) Filing of claim (1) In general A claimant may file a claim for compensation under this Act with the Special Master. The claim shall be on the form developed under paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought. (2) Claim form (A) In general The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (B) Contents The form developed under subparagraph (A) shall request— (i) information from the claimant concerning the harm that the claimant suffered as a result of COVID–19, or in the case of a claim filed on behalf of a decedent, information confirming the decedent’s death, as a result of COVID–19; (ii) information establishing that the claimant or decedent was an essential worker; (iii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of COVID–19 or that was caused by the death of the decedent from COVID–19; and (iv) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of COVID–19. (3) Limitation No claim may be filed under paragraph (1) after the date that is 5 years after the end of the eligibility period. (b) Review and determination (1) Review The Special Master shall review a claim submitted under subsection (a) and determine— (A) whether the claimant is an eligible individual under subsection (c); and (B) with respect to a claimant determined to be an eligible individual— (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) subject to paragraph (7), the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. (2) Negligence With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. (3) Determination A determination under this subsection shall be final and not subject to judicial review. (4) Rights of claimant A claimant in a review under paragraph (1) shall have— (A) the right to be represented by an attorney or other representative; (B) the right to present evidence, including the presentation of witnesses and documents; and (C) any other due process rights determined appropriate by the Special Master. (5) No punitive damages The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this Act. (6) Collateral compensation The Special Master shall reduce the amount of compensation determined under paragraph (1) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the claimant suffering from COVID–19. (7) Limitations on claims Noneconomic losses shall not exceed such limit as the Special Master may impose. (c) Eligibility (1) In general A claimant or decedent shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant or decedent— (A) was designated an essential worker during the eligibility period or was a family member of such an essential worker who resided with the essential worker during the eligibility period; (B) expressed symptoms consistent with COVID–19, including those with laboratory confirmations, diagnosis by a healthcare provider, or for whom there is or was an absence of an alternate diagnosis that explains claimant’s or decedent’s symptoms; (C) suffered economic loss; and (D) meets the requirements of paragraph (2). (2) Single claim Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. If the claimant dies during the pendency of a claim, the decedent's family or other individual representing the decedent may continue the claimant's claim with added expenses related to the claimant’s death, as needed. 5. Assistance to Claimants The Special Master will establish an office to provide assistance to all claimants in submitting claims. 6. Payments to eligible individuals (a) In general Subject to the limitations under subsection (d), not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. (b) Funding (1) In general The Attorney General is authorized to accept such amounts as may be contributed by individuals, business concerns, or other entities to carry out this Act, under such terms and conditions as the Attorney General may impose. (2) Use of separate account In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. (c) Development of agency policies and procedures Not later than 120 days after the date of enactment the Special Master shall develop agency policies and procedures that meet the requirements including policies and procedures for presumptive award schedules, administrative expenses, and related internal memoranda. (d) Attorney Fees The Special Master shall have the sole discretion to determine reasonable compensation for services rendered for attorney fees for services rendered, if any. 7. Regulations Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this Act, including regulations with respect to— (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General. 8. Right of subrogation The United States shall have the right of subrogation with respect to any claim paid by the United States, subject to the limitation described in this Act. 9. Victim Compensation Fund (a) In general There is established in the Treasury of the United States a fund to be known as the COVID–19 Compensation Fund (b) Availability of funds Amounts deposited into the COVID–19 Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation. (c) Termination The COVID–19 Compensation Fund shall be permanently closed on the date that is 1 year after the Special Master determines that no additional claims may be filed. 10. Appropriation There is authorized to be appropriated for purposes of carrying out this Act such sums as may be necessary for fiscal year 2021 and each fiscal year thereafter through fiscal year 2026, to remain available until expended.
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Pandemic Heroes Compensation Act of 2021
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Digital Commodities Consumer Protection Act of 2022 This bill grants exclusive jurisdiction to the Commodity Futures Trading Commission over activity involving digital commodities as specified by the bill. The bill defines digital commodities as fungible digital forms of personal property that can be transferred person-to-person without an intermediary. Excluded from this definition are securities, interests in physical commodities, and U.S.-backed digital currencies. The commission does not have jurisdiction over digital commodities used solely for the purchase or sale of a good or service. Digital commodity platforms (including brokers, custodians, dealers, and trading facilities) must register with the commission and comply with risk management and good governance procedures. The bill also sets forth recordkeeping requirements, conflict of interest standards, and other consumer protections.
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117 S4760 IS: Digital Commodities Consumer Protection Act of 2022 U.S. Senate 2022-08-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4760 IN THE SENATE OF THE UNITED STATES August 3, 2022 Ms. Stabenow Mr. Boozman Mr. Booker Mr. Thune Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Commodity Exchange Act to provide the Commodity Futures Trading Commission jurisdiction to oversee the spot digital commodity market, and for other purposes. 1. Short title This Act may be cited as the Digital Commodities Consumer Protection Act of 2022 2. Definitions (a) In general Section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a (1) by redesignating paragraphs (3) through (15) and paragraphs (16) through (51) as paragraphs (5) through (17) and paragraphs (25) through (60), respectively; (2) by inserting after paragraph (2) the following: (3) Associated person of a digital commodity broker (A) In general The term associated person of a digital commodity broker (i) the solicitation or acceptance of a digital commodity trade; or (ii) the supervision of any person engaged in the solicitation or acceptance of a digital commodity trade. (B) Exclusion The term associated person of a digital commodity broker (4) Associated person of a digital commodity dealer (A) In general The term associated person of a digital commodity dealer (i) the solicitation or acceptance of a digital commodity trade; or (ii) the supervision of any person engaged in the solicitation or acceptance of a digital commodity trade. (B) Exclusion The term associated person of a digital commodity dealer ; (3) in paragraph (11) (as so redesignated), by striking and frozen concentrated orange juice frozen concentrated orange juice, and digital commodities, (4) in paragraph (12)(A) (as so redesignated)— (A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (B) by inserting after clause (ii) the following: (iii) digital commodity; ; (5) in paragraph (13)(A)(i) (as so redesignated)— (A) by redesignating subclauses (III) and (IV) as subclauses (IV) and (V), respectively; and (B) by inserting after subclause (II) the following: (III) digital commodity; ; (6) in paragraph (14)(A)(i) (as so redesignated)— (A) in subclause (II), by adding a semicolon at the end; (B) by redesignating subclauses (III) and (IV) as subclauses (IV) and (V), respectively; and (C) by inserting after subclause (II) the following: (III) a digital commodity; ; (7) by inserting after paragraph (17) (as so redesignated) the following: (18) Digital commodity (A) In general The term digital commodity (B) Inclusions The term digital commodity (C) Exclusions The term digital commodity (i) an interest in a physical commodity; (ii) a security; (iii) a digital form of currency backed by the full faith and credit of the United States; (iv) except as provided in subparagraph (D), an instrument regulated by the Commission pursuant to any provision of this Act other than section 2(c)(2)(F); or (v) any other instrument that the Commission determines not to be a digital commodity. (D) Exception The exclusion described in subparagraph (C)(iv) shall not apply to a commodity transaction that is subject only to Commission antimanipulation, antifraud, or false reporting authority. (19) Digital commodity broker (A) In general The term digital commodity broker (i) soliciting or accepting orders on behalf of another person for a digital commodity trade; (ii) accepting digital commodities from another person for the purpose of entering into digital commodity trades; (iii) arranging digital commodity trades on behalf of another person; or (iv) a similar activity, as determined by the Commission. (B) Exclusion The term digital commodity broker (20) Digital commodity custodian (A) In general The term digital commodity custodian (B) Exclusions The term digital commodity custodian (i) an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (ii) an insured credit union (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 (21) Digital commodity dealer (A) In general The term digital commodity dealer (i) has an identifiable business of dealing in a digital commodity as principal for its own account; (ii) makes a market in a digital commodity; (iii) holds itself out as a dealer in a digital commodity; (iv) has as an identifiable business of buying or selling digital commodities for conversion into other digital commodities, currency, or other consideration; (v) has as an identifiable business of accepting digital commodities from another person (referred to in this clause as a depositor (vi) engages in a similar activity, as determined by the Commission. (B) Exclusion The term digital commodity dealer (22) Digital commodity platform (A) In general The term digital commodity platform (i) A digital commodity broker. (ii) A digital commodity custodian. (iii) A digital commodity dealer. (iv) A digital commodity trading facility. (B) Category The term category (23) Digital commodity trade (A) In general The term digital commodity trade (i) another digital commodity; or (ii) any other consideration. (B) Inclusions The term digital commodity trade (i) an offer to enter into a purchase or sale described in subparagraph (A); and (ii) a loan of a digital commodity, an offer to enter into a loan of a digital commodity, or a similar activity, as determined by the Commission. (C) Exclusion Except as provided in subparagraph (D), the term digital commodity trade (D) Exception The exclusion described in subparagraph (C) shall not apply to a commodity transaction that is subject only to Commission antimanipulation, antifraud, or false reporting authority. (24) Digital commodity trading facility (A) In general The term digital commodity trading facility (B) Exclusion The term digital commodity trading facility ; (8) in paragraph (43) (as so redesignated)— (A) in the paragraph heading, by striking ; member of a derivatives transaction execution facility (B) in the matter preceding subparagraph (A), by striking entity or derivatives transaction execution facility, entity, (C) in subparagraph (A), by striking entity entity; (D) in subparagraph (B), by striking entity entity. (9) in paragraph (49) (as so redesignated)— (A) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (B) by inserting after subparagraph (D) the following: (E) a digital commodity trading facility registered under section 5i; . (b) Conforming amendments (1) Section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a (A) in paragraph (26)(A) (as redesignated by subsection (a)(1)), in the matter preceding clause (i), by striking (18)(A) (27)(A) (B) in paragraph (27)(A)(vii)(III)(aa) (as redesignated by subsection (a)(1)), by striking (17)(A) (26)(A) (2) Section 4(c)(1)(A)(i)(I) of the Commodity Exchange Act ( 7 U.S.C. 6(c)(1)(A)(i)(I) paragraphs (2), (3), (4), (5), and (7), paragraph (18)(A)(vii)(III), paragraphs (23), (24), (31), (32), (38), (39), (41), (42), (46), (47), (48), and (49) of section 1a paragraphs (2), (5), (6), (7), (9), (27)(A)(vii)(III), (32), (33), (40), (41), (47), (48), (50), (51), (55), (56), (57), and (58) of section 1a (3) Section 4q(a)(1) of the Commodity Exchange Act ( 7 U.S.C. 6q(a)(1) 1a(9) 1a(11) (4) Section 4s of the Commodity Exchange Act ( 7 U.S.C. 6s (A) in subsection (f)(1)(D), by striking 1a(47)(A)(v) 1a(56)(A)(v) (B) in subsection (h)(5)(A)(i), in the matter preceding subclause (I), by striking 1a(18) 1a(27)(A) (5) Section 4t(b)(1)(C) of the Commodity Exchange Act ( 7 U.S.C. 6t(b)(1)(C) 1a(47)(A)(v)), 1a(56)(A)(v)), (6) Section 5 of the Commodity Exchange Act ( 7 U.S.C. 7 (A) in subsection (d)(23), by striking 1a(47)(A)(v) 1a(56)(A)(v) (B) in subsection (e)(1), by striking 1a(9) 1a(11) (7) Section 5b(k)(3)(A) of the Commodity Exchange Act ( 7 U.S.C. 7a–1(k)(3)(A) 1a(47)(A)(v)) 1a(56)(A)(v)) (8) Section 5c(c)(4)(B) of the Commodity Exchange Act ( 7 U.S.C. 7a–2(c)(4)(B) 1a(10) 1a(11) (9) Section 5h(f)(10)(A)(iii) of the Commodity Exchange Act ( 7 U.S.C. 7b–3(f)(10)(A)(iii) 1a(47)(A)(v) 1a(56)(A)(v) (10) Section 21(f)(4)(C) of the Commodity Exchange Act ( 7 U.S.C. 24a(f)(4)(C) 1a(48) 1a(57) (11) Section 403 of the Legal Certainty for Bank Products Act of 2000 ( 7 U.S.C. 27a (A) in subsection (a)(2), by striking 1a(47)(A)(v) 1a(56)(A)(v) (B) in subsection (b)(1), by striking 1a(47) 1a (12) Section 5(e) of the Securities Act of 1933 ( 15 U.S.C. 77e(e) section 1a(18) of the Commodity Exchange Act ( 7 U.S.C. 1a(18) section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a (13) Section 3C(g)(3)(A)(v) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c–3(g)(3)(A)(v) section 1a(10) of the Commodity Exchange Act; section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a (14) Section 6(g)(5)(B)(i) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f(g)(5)(B)(i) (A) in subclause (I), by striking section 1a(18)(B)(ii) of the Commodity Exchange Act subparagraph (B)(ii) of section 1a(27) of the Commodity Exchange Act ( 7 U.S.C. 1a(27) (B) in subclause (II), by striking such section 1a(18)) that section) (15) Section 712(a)(8) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 8302(a)(8) section 1a(47)(D) of the Commodity Exchange Act ( 7 U.S.C. 1a(47)(D) section 1a(56)(D) of the Commodity Exchange Act ( 7 U.S.C. 1a(56)(D) (16) Section 752(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 8325(a) section 1a(39) of the Commodity Exchange Act), section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a 3. Commission jurisdiction over digital commodity trades Section 2 of the Commodity Exchange Act ( 7 U.S.C. 2 (1) in subsection (a)(1)(A), in the first sentence, by striking section 19 of this Act subsection (c)(2)(F) or section 19 (2) in subsection (c)(2), by adding at the end the following: (F) Commission jurisdiction over digital commodity trades (i) In general Except as provided in clause (ii), this Act applies to, and the Commission shall have exclusive jurisdiction over, any account, agreement, contract, or transaction involving a digital commodity trade. (ii) Exception Nothing in this Act applies to, and the Commission shall not have jurisdiction over, any digital commodity transaction by a merchant or consumer that uses a digital commodity solely for the purchase or sale of a good or service. (iii) Prohibition on certain trading practices Sections 4b, 4c, and 6(c) shall apply to any digital commodity trade as if the digital commodity trade were a contract of sale of a commodity for future delivery. . 4. Digital commodity platforms The Commodity Exchange Act is amended by inserting after section 5h ( 7 U.S.C. 7b–3 5i. Digital commodity platforms (a) Registration (1) Requirement It shall be unlawful for any person to act as any category of digital commodity platform unless the person is registered under this section as that category of digital commodity platform. (2) Applications A person desiring to register as any category of digital commodity platform shall submit to the Commission an application in such form and containing such information as the Commission may require for the purpose of determining whether the applicant is in compliance with subsection (b) and the other requirements of this Act. (3) Multiple registrations As appropriate to further the purposes of this Act and avoid duplicative or unnecessary requirements, and taking into consideration potential conflicts of interest or other risks, the Commission may prescribe rules or regulations permitting, or may otherwise authorize— (A) registration by a person in more than 1 category of digital commodity platform; (B) a registered entity, a swap dealer, or a futures commission merchant registered under this Act to register under this section in 1 or more categories of digital commodity platform; and (C) exemptions or additional requirements applicable to persons with multiple registrations under this Act. (b) Core principles for digital commodity platforms (1) Compliance with core principles (A) In general To be registered, and maintain registration, as a digital commodity platform, the digital commodity platform shall comply with— (i) the core principles described in this subsection; and (ii) any requirement that the Commission may impose by rule or regulation. (B) Reasonable discretion of digital commodity platform Unless otherwise determined by the Commission by rule or regulation, a digital commodity platform described in subparagraph (A) shall have reasonable discretion in establishing the manner in which the digital commodity platform complies with the core principles described in this subsection. (2) Core principles applicable to digital commodity trading facilities (A) Compliance with rules A digital commodity trading facility shall— (i) establish and enforce compliance with any rule of the digital commodity trading facility, including— (I) the terms and conditions of the transactions in digital commodities traded or processed on or through the digital commodity trading facility; and (II) any limitation on access to the digital commodity trading facility; (ii) establish and enforce trading, trade processing, and participation rules that will deter abuses and have the capacity to detect, investigate, and enforce those rules, including means— (I) to provide market participants with impartial access to the market; and (II) to capture information that may be used in establishing whether rule violations have occurred; and (iii) establish rules governing the operation of the digital commodity trading facility. (B) Digital commodity transactions not readily susceptible to manipulation A digital commodity trading facility shall permit trading only in transactions in digital commodities that are not readily susceptible to manipulation. (C) Monitoring of trading and trade processing (i) Markets and mechanisms (I) In general A digital commodity trading facility shall provide a competitive, open, and efficient market and mechanism for executing transactions that protects the price discovery process of trading on the digital commodity trading facility. (II) Centralized market A digital commodity trading facility shall provide a centralized market for executing transactions. (ii) Protection of markets and market participants A digital commodity trading facility shall establish and enforce rules— (I) to protect markets and market participants from abusive practices committed by any party, including abusive practices committed by a party acting as an agent for a participant; and (II) to promote fair and equitable trading on the digital commodity trading facility. (iii) Procedures and monitoring A digital commodity trading facility shall— (I) establish and enforce rules or terms and conditions defining, or specifications detailing— (aa) trading procedures to be used in entering and executing orders traded on or through the facilities of the digital commodity trading facility; and (bb) procedures for trade processing of digital commodities on or through the facilities of the digital commodity trading facility; and (II) monitor trading in digital commodities to prevent manipulation, price distortion, and disruptions of the delivery or settlement process through surveillance, compliance, and disciplinary practices and procedures, including investigations, sanctions, and methods for conducting real-time monitoring of trading and comprehensive and accurate trade reconstructions. (D) Ability to obtain information A digital commodity trading facility shall— (i) establish and enforce rules that will allow the digital commodity trading facility to obtain any necessary information to perform any of the functions described in this section; (ii) provide the information to the Commission on request; and (iii) have the capacity to carry out such international information-sharing agreements as the Commission may require. (E) Financial integrity of transactions A digital commodity trading facility shall establish and enforce rules and procedures for ensuring the financial integrity of digital commodity trades entered on or through the facilities of the digital commodity trading facility. (F) Emergency authority A digital commodity trading facility shall adopt rules to provide for the exercise of emergency authority, in consultation or cooperation with the Commission, as is necessary and appropriate, including the authority to liquidate or transfer open positions in any digital commodity or to suspend or curtail trading in a digital commodity. (G) Timely publication of trading information (i) In general A digital commodity trading facility shall make public timely information on price, trading volume, and other trading data on digital commodities to the extent prescribed by the Commission. (ii) Capacity of digital commodity trading facility A digital commodity trading facility shall be required to have the capacity to electronically capture and transmit trade information with respect to transactions executed on the digital commodity trading facility. (H) Availability of general information A digital commodity trading facility shall make available to market authorities, market participants, and the public accurate information concerning— (i) the terms and conditions of the contracts for transactions in digital commodities; (ii) the rules and mechanisms for executing digital commodity trades on or through the facilities of the digital commodity trading facility; and (iii) the rules and specifications describing the operation of the electronic matching platform or trade execution facility of the digital commodity trading facility. (I) Disciplinary procedures A digital commodity trading facility shall establish and enforce— (i) disciplinary procedures that authorize the digital commodity trading facility to discipline, suspend, or expel market participants that violate the rules of the digital commodity trading facility; or (ii) similar methods for performing the functions described in clause (i), including delegation to third parties. (J) Dispute resolution A digital commodity trading facility shall establish and enforce rules regarding, and provide facilities for alternative dispute resolution, as appropriate, for, market participants and market intermediaries. (3) Core principles applicable to digital commodity dealers and digital commodity brokers (A) Execution A digital commodity dealer or digital commodity broker— (i) shall establish prices fairly and objectively; (ii) shall disclose the basis for those prices; and (iii) shall not disrupt market functioning or hinder the price discovery process. (B) Daily trading records (i) In general A digital commodity dealer or digital commodity broker shall keep full, complete, and systematic records (including all pertinent data and memoranda) of all transactions relating to its business of dealing or brokerage in digital commodity transactions. (ii) Included communications A digital commodity dealer or digital commodity broker shall keep all oral and written communications provided or received concerning quotes, solicitations, bids, offers, instructions, trading, and prices that lead to the execution of a transaction in a digital commodity. (C) Business conduct standards A digital commodity dealer or digital commodity broker shall conform with such business conduct standards as may be prescribed by the Commission by rule or regulation that relate to— (i) fraud, manipulation, and other abusive practices involving digital commodity trades (including digital commodity trades that are offered but not entered into); (ii) diligent supervision of the business of the digital commodity dealer or digital commodity broker; and (iii) such other matters as the Commission determines to be appropriate. (D) Duties A digital commodity dealer or digital commodity broker shall comply with the following requirements: (i) Risk management procedures The digital commodity dealer or digital commodity broker shall establish robust and professional risk management systems adequate for managing the day-to-day business of the digital commodity dealer or digital commodity broker. (ii) Disclosure of general information The digital commodity dealer or digital commodity broker shall disclose to the Commission, as applicable, information concerning— (I) terms and conditions of its digital commodity trades; (II) trading operations, mechanisms, and practices; (III) financial integrity protections relating to transactions in digital commodity trades; and (IV) other information relevant to its digital commodity trades. (E) Ability to obtain information A digital commodity dealer or digital commodity broker shall— (i) establish and enforce internal systems and procedures to obtain any necessary information to perform any of the functions described in this section; and (ii) provide the information described in clause (i) to the Commission on request. (4) Core principles applicable to all digital commodity platforms (A) Recordkeeping and reporting A digital commodity platform shall— (i) (I) maintain records of all activities relating to the business of the digital commodity platform, including a complete audit trail, in a form and manner acceptable to the Commission for a period of 5 years; and (II) keep the records described in subclause (I) open to inspection by the Commission; (ii) provide to the Commission, in a form and manner acceptable to the Commission, such information as the Commission determines to be necessary or appropriate for the Commission to perform the duties of the Commission under this Act; and (iii) make such reports as are required by the Commission relating to the transactions and positions of the customers of the digital commodity platform. (B) Antitrust considerations Unless necessary or appropriate to achieve the purposes of this Act, a digital commodity platform shall not— (i) adopt any rules or take any actions that result in any unreasonable restraint of trade; or (ii) impose any material anticompetitive burden on trading or custody. (C) Conflicts of interest The Commission shall require conflict of interest systems and procedures that— (i) establish structural and institutional safeguards— (I) to minimize conflicts of interest that might potentially bias the judgment or supervision of a digital commodity platform and contravene the core principles of fair and equitable trading and the business conduct standards described in this Act, including conflicts arising out of transactions or arrangements with affiliates (including affiliates acting as issuers, market-makers, or custodians); and (II) which may include, as the Commission determines to be appropriate, information partitions and the legal separation of different categories of digital commodity platforms; (ii) establish a process for resolving conflicts of interest described in clause (i); (iii) require disclosure by a digital commodity platform of any material incentives or conflicts of interest that the digital commodity platform is unable to resolve; and (iv) address such other issues as the Commission determines to be appropriate. (D) Financial resources (i) In general A digital commodity platform shall have adequate financial, operational, and managerial resources to discharge each responsibility of the digital commodity platform. (ii) Financial resources for margin trading The Commission shall require such additional financial resources as are necessary to enable a digital commodity platform to fulfill obligations of the digital commodity platform arising from margined, leveraged, or financed transactions. (E) System safeguards A digital commodity platform shall— (i) establish and maintain a program of risk analysis and oversight to identify and minimize sources of operational risk (including cybersecurity risk), through the development of appropriate controls and procedures, and automated systems, that— (I) are reliable and secure; and (II) have adequate scalable capacity; (ii) establish and maintain emergency procedures, backup facilities, and a plan for disaster recovery that allow for— (I) the timely recovery and resumption of operations; and (II) the fulfillment of the responsibilities and obligations of the digital commodity platform; and (iii) periodically conduct tests to verify that the backup resources of the digital commodity platform are sufficient to ensure continued— (I) order processing and trade matching; (II) price reporting; (III) market surveillance; and (IV) maintenance of a comprehensive and accurate audit trail. (F) Designation of chief compliance officer (i) In general A digital commodity platform shall designate an individual to serve as a chief compliance officer (referred to in this paragraph as a chief compliance officer (ii) Duties A chief compliance officer shall— (I) report directly to the board or to the senior officer of the digital commodity platform; (II) review compliance with the core principles described in this subsection; (III) in consultation with the board of the digital commodity platform, a body performing a function similar to that of a board, or the senior officer of the digital commodity platform, resolve any conflicts of interest that may arise; (IV) be responsible for establishing and administering the policies and procedures required to be established pursuant to this section; (V) ensure compliance with this Act and the rules and regulations issued under this Act, including rules prescribed by the Commission pursuant to this section; and (VI) establish procedures for the remediation of noncompliance issues found during compliance office reviews, look backs, internal or external audit findings, self-reported errors, or through validated complaints. (iii) Requirements for procedures In establishing procedures under clause (ii)(VI), a chief compliance officer shall design the procedures to establish the handling, management response, remediation, retesting, and closing of noncompliance issues. (iv) Annual reports (I) In general In accordance with rules prescribed by the Commission, a chief compliance officer shall annually prepare and sign a report that contains a description of— (aa) the compliance of the digital commodity platform with this Act; and (bb) the policies and procedures, including the code of ethics and conflict of interest policies, of the digital commodity platform. (II) Requirements A chief compliance officer shall— (aa) submit each report described in subclause (I) with the appropriate financial report of the digital commodity platform that is required to be submitted to the Commission pursuant to this section; and (bb) include in the report a certification that, under penalty of law, the report is accurate and complete. (G) Governance; fitness standards (i) Governance arrangements A digital commodity platform shall establish governance arrangements that are transparent to fulfill public interest requirements. (ii) Fitness standards A digital commodity platform shall establish and enforce appropriate fitness standards for— (I) directors; and (II) any entity offering affiliated services for the digital commodity platform. (H) Treatment of customer assets (i) In general A digital commodity platform shall hold customer property (including digital commodities) in a manner that minimizes the risk of loss of, or unreasonable delay in access to, the customer property. (ii) Segregation of funds (I) In general A digital commodity platform shall treat and deal with all customer property that is received by the digital commodity platform as belonging to the customer. (II) Commingling prohibited Customer property described in subclause (I)— (aa) shall be separately accounted for; and (bb) shall not be commingled with the assets of the digital commodity platform. (iii) Exceptions (I) Use of funds Notwithstanding clause (ii), customer property described in that clause may, for convenience, be commingled in the same account or accounts with— (aa) an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (bb) an insured credit union (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 (cc) a digital commodity platform. (II) Withdrawal Notwithstanding clause (ii), such share of the customer property described in that clause as, in the normal course of business, is necessary to margin, guarantee, secure, transfer, adjust, or settle a digital commodity transaction with a digital commodity platform, or with any customer of a digital commodity platform, may be withdrawn and applied to such purposes lawfully accruing in connection with the digital commodity transaction, including the payment of commissions, taxes, and brokerage, interest, storage, and other charges. (III) Commission action Notwithstanding clause (ii)— (aa) the Commission may adopt rules or regulations permitting the lending of digital commodities by a digital commodity platform holding those digital commodities for customers, subject to such conditions as the Commission may prescribe to protect customers and achieve the purposes of this Act; and (bb) in accordance with such terms and conditions as the Commission may prescribe by rule, regulation, or order, any customer property described in that clause may be commingled and deposited in customer accounts with any other money, securities, or property received by the digital commodity platform and required by the Commission to be separately accounted for, treated, and dealt with as belonging to customers. (iv) Permitted investments (I) In general Customer property described in clause (ii) in the form of money may be invested in— (aa) obligations of the United States; (bb) obligations the principal and interest of which are fully guaranteed by the United States; and (cc) any other investment that the Commission may by rule or regulation prescribe. (II) Rules and conditions Investments under subclause (I) shall be made in accordance with such rules and regulations, and subject to such conditions, as the Commission may prescribe. (v) Prohibition It shall be unlawful for any person, including a digital commodity platform or a depository institution, that has received any customer property for deposit in a separate account or accounts in accordance with clause (ii) to hold, dispose of, or use that customer property as belonging to the depositing digital commodity platform or any person other than the customers of the digital commodity platform. (c) Rules governing margined or leveraged trading The Commission may make, promulgate, and enforce such rules governing margined, leveraged, or financed digital commodity trades on digital commodity platforms as are reasonably necessary to protect the public interest and promote the orderly settlement of transactions. (d) Contract listings, rules, and rule amendments for digital commodity trading facilities (1) In general Subject to the requirements under this subsection, a digital commodity trading facility may— (A) list for trading a contract for a digital commodity; and (B) approve and implement a new rule or rule amendment. (2) Certification from digital commodity trading facility A digital commodity trading facility that elects to carry out an activity described in subparagraph (A) or (B) of paragraph (1) shall, prior to carrying out that activity, provide to the Commission a written certification that the contract, new rule, or rule amendment, as applicable, complies with this Act (including regulations under this Act). (3) Effective date of listing, rule, and rule amendment Subject to paragraph (4), a listing, rule, or rule amendment described in paragraph (1) shall become effective on the date that is— (A) in the case of a listing of a contract that has not previously been listed on any digital commodity trading facility, 30 business days after the date on which the Commission receives the certification (or such shorter period as determined by the Commission by rule or regulation); or (B) in any other case, 10 business days after the date on which the Commission receives the certification (or such shorter period as determined by the Commission by rule or regulation). (4) Stay of certification (A) In general The Commission may stay a certification for a listing, rule, or rule amendment described in paragraph (1) by notifying the digital commodity trading facility that the Commission is staying the certification because there exists— (i) a novel or complex issue that requires additional time to analyze; (ii) an inadequate explanation by the submitting digital commodity trading facility; or (iii) a potential inconsistency with this Act (including regulations under this Act). (B) Duration of stay A stay of certification by the Commission under subparagraph (A) shall be for a period of not more than 90 days, beginning on the date of the notification by the Commission under that subparagraph. (C) Effective date after stay A listing, rule, or rule amendment subject to a stay under subparagraph (A) shall become effective on the expiration of the period described in subparagraph (B), unless the Commission— (i) withdraws the stay prior to that time; or (ii) notifies the digital commodity trading facility during such period that the Commission objects to the proposed certification and disapproves a listing, rule, or rule amendment pursuant to paragraph (5). (D) Public comment The Commission may provide a public comment period of not less than 30 days, within the period in which a stay is in effect under subparagraph (B), whenever the Commission reviews a listing, rule, or rule amendment pursuant to a notification by the Commission under subparagraph (A). (5) Disapproval (A) In general The Commission may disapprove a listing, rule, or rule amendment described in paragraph (1) if the Commission determines that the listing, rule, or rule amendment is inconsistent with this Act (including the considerations in subparagraph (B) and regulations under this Act). (B) Considerations In making a determination described in subparagraph (A) with respect to a listing for a digital commodity, the Commission may consider, among other things— (i) whether the operating structure and system of the digital commodity is secure from cybersecurity threats, including the possibility of material alterations by persons acting collectively; (ii) whether the functionality of the digital commodity will protect holders from operational failures; (iii) with respect to a digital commodity that purports to have a fixed value— (I) an identification and description of the issuer of the digital commodity; (II) the collateral or reserves backing the digital commodity; and (III) the terms by which the issuer will redeem the digital commodity; and (iv) whether the digital commodity and the market for the digital commodity are not readily susceptible to manipulation. (6) Prior approval (A) In general A digital commodity trading facility may request that the Commission grant prior approval to the listing of any new contract for a digital commodity. (B) Deadline If prior approval is requested under subparagraph (A), the Commission shall take final action on the request not later than 90 days after submission of the request, unless the person submitting the request agrees to an extension of the time limitation established under this subparagraph. (C) Disapproval Paragraphs (4) and (5) shall apply to Commission action on a request under this paragraph. (7) Delisting; Revocation After the listing of a contract for a digital commodity has taken effect, the Commission may require the delisting of the contract or disapprove the listing in accordance with paragraph (5). (8) Disclosures (A) In general The Commission shall require a digital commodity trading facility to disclose to the public, on a timely basis, with respect to a listing described in paragraph (1)(A)— (i) the operating structure and system of the digital commodity; and (ii) the trading volume and volatility of the digital commodity. (B) Format The Commission shall prescribe rules and regulations for the standardization and simplification of disclosures under subparagraph (A) and subsection (f)(1)(A), including requiring that disclosures— (i) are conspicuous; (ii) use plain language comprehensible to customers; and (iii) succinctly explain the information that is required to be communicated to the customer. (e) Product listing for digital commodity brokers and digital commodity dealers (1) In general A digital commodity broker and a digital commodity dealer may only trade, or arrange a trade, in a contract for a digital commodity that is not readily susceptible to manipulation. (2) Disclosure, listing, and certification requirements A digital commodity broker and a digital commodity dealer may only trade, or arrange for trading, in digital commodities that have met the requirements of subsection (d) (including the listing and disclosure requirements). (f) Customer protection The Commission shall adopt customer protection requirements that— (1) require disclosure by a digital commodity platform to a customer (other than another digital commodity platform registered under this section) of— (A) information about the material risks and characteristics of any applicable digital commodity contracts; and (B) any material incentives or conflicts of interest that the digital commodity platform may have in connection with any applicable digital commodity contracts; (2) establish a duty for a digital commodity platform to communicate in a fair and balanced manner based on principles of fair dealing and good faith; (3) establish standards governing digital commodity platform marketing and advertising, including testimonials and endorsements; and (4) establish such other standards and requirements as the Commission may determine are— (A) in the public interest; (B) appropriate for the protection of customers; or (C) otherwise in furtherance of the purposes of this Act. (g) Examination and publication of energy consumption in digital commodity markets (1) In general The Commission shall examine, in collaboration with other Federal regulatory agencies as the Commission determines appropriate, the energy consumption and sources of energy used in connection with the creation and transfer of the most widely traded digital commodities. (2) Report Not later than 180 days after the date of enactment of the Digital Commodities Consumer Protection Act of 2022 (A) an estimate of the energy consumption and sources of energy used in connection with the creation and transfer of the most widely traded digital commodities; and (B) the methodology used by the Commission to generate the estimate described in subparagraph (A). (3) Publication Using the methodology described in paragraph (2)(B), the Commission shall publish on the website of the Commission, and periodically update on a timely basis, an estimate of the energy consumption and sources of energy used in connection with the creation and transfer of the most widely traded digital commodities. (h) Prohibition on fraud, deception, and manipulation It shall be unlawful for any digital commodity platform to engage in any act, practice, or course of business in connection with its business as a digital commodity platform that is fraudulent, deceptive, or manipulative. (i) Self-Regulation (1) In general A digital commodity broker, digital commodity dealer, or digital commodity custodian shall be a member of a registered futures association, regardless of whether such person is separately registered as a digital commodity trading facility. (2) Delegation of registration functions The Commission may authorize any registered futures association to perform any portion of the registration functions with respect to digital commodity platforms, associated persons of digital commodity brokers, and associated persons of digital commodity dealers— (A) in accordance with rules, notwithstanding any other provision of law, adopted by that registered futures association and submitted to the Commission for approval; and (B) subject to the provisions of this section applicable to registrations granted by the Commission. (j) Dual registration A digital commodity platform registered under this section may also be registered with the Securities and Exchange Commission as an exchange, broker, or dealer (as those terms are defined in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c (k) Fees for registration (1) In general The Commission shall, in accordance with this subsection, assess and collect fees, which shall be used to recover the annual costs of— (A) registering digital commodity platforms; (B) conducting oversight of digital commodity trades; and (C) carrying out education and outreach under subsection (l). (2) Determination of fee rates In determining fee rates under paragraph (1), the Commission shall consider— (A) the volume of business of the digital commodity platform; and (B) the category of the digital commodity platform. (3) Prohibitions (A) Commission The Commission shall not require a digital commodity platform to collect directly from customers a per-transaction fee for each digital commodity trade. (B) Digital commodity platforms A digital commodity platform shall not impose directly on customers a per-transaction fee for each digital commodity trade to pay the fees under paragraph (1). (4) Publication Not later than 60 days after the date of enactment of an Act making a regular appropriation to the Commission for a fiscal year, the Commission shall publish in the Federal Register a notice of— (A) the fee rates determined pursuant to this subsection for that fiscal year; and (B) any estimates or projections on which those fee rates are based. (5) Records and disclosure In carrying out this subsection, the Commission shall not be required to comply with section 553 of title 5, United States Code. (6) No judicial review A fee rate prescribed under this subsection shall not be subject to judicial review. (7) Deposit of fees Fees collected pursuant to this subsection for any fiscal year shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission. (8) Annual adjustment For each fiscal year, the Commission shall, by order, determine fee rates pursuant to this subsection that are reasonably likely to produce aggregate fee collections that are equal to the annual appropriation to the Commission by Congress for activities relating to the registration of digital commodity platforms and the oversight of digital commodity trades. (9) Lapse of appropriation If, on the first day of a fiscal year, a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect (as offsetting collections) fees pursuant to this subsection at each of the rates in effect during the preceding fiscal year. (10) Budget requests The Commission shall itemize in each budget submitted to the President or the Office of Management and Budget the estimated annual costs of— (A) registering digital commodity platforms; (B) conducting oversight of digital commodity trades; and (C) carrying out education and outreach under subsection (l). (11) Limitations (A) In general Fees may only be assessed and imposed pursuant to this subsection on digital commodity platforms regulated by the Commission pursuant to this section. (B) Use of fees Fees authorized under this subsection are prohibited from funding any Commission activity not directly related to the registration of digital commodity platforms, the oversight of digital commodity trades, and the education and outreach carried out under subsection (l). (l) Customer education and outreach The Commission shall provide education and outreach to customers participating in digital commodity markets. (m) Inspection The Commission may inspect and monitor digital commodity platforms, on an ongoing basis, for the purpose of ensuring compliance with this Act. (n) Preemption of State laws (1) In general The registration of a digital commodity platform, an associated person of a digital commodity broker, or an associated person of a digital commodity dealer under this section— (A) shall preempt any applicable registration requirements under State laws relating to money transmission, virtual currency, and commodity brokers; and (B) shall not affect the applicability of State antifraud laws. (2) Compliance Beginning on the effective date of a registration of a digital commodity platform under this section, the digital commodity platform shall not be required to comply with applicable State law requirements relating to money transmission, virtual currency, and commodity brokerage. (o) Regulations The Commission shall prescribe such rules and regulations as are appropriate for the implementation of this section. . 5. Additional amendments (a) Retail commodity transactions Section 2(c)(2)(D)(ii) of the Commodity Exchange Act ( 7 U.S.C. 2(c)(2)(D)(ii) (1) in subclause (III)(bb), by striking or (2) by redesignating subclauses (IV) and (V) as subclauses (V) and (VI), respectively; and (3) by inserting after subclause (III) the following: (IV) a digital commodity trade; . (b) Applicability Section 2(i) of the Commodity Exchange Act ( 7 U.S.C. 2(i) (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated), by striking The provisions (1) Swaps The provisions ; and (3) by adding at the end the following: (2) Digital commodities The provisions of this Act (including any rule prescribed or regulation promulgated under this Act) relating to digital commodities shall not apply to activities outside the United States unless those activities— (A) have a reasonably foreseeable significant effect within the United States; (B) involve, for the purpose of soliciting or accepting any order for, or otherwise dealing in, digital commodities— (i) the offering to enter into, entering into, execution, or confirming the execution of digital commodities with any United States person; or (ii) the conducting of any office or business anywhere in the United States (including any territory or possession of the United States); or (C) contravene such rules or regulations as the Commission may prescribe or promulgate as are necessary or appropriate to prevent the evasion of any provision of this Act. . (c) Registration of associated persons (1) In general Section 4k of the Commodity Exchange Act ( 7 U.S.C. 6k (A) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7); (B) by inserting after paragraph (3) the following: (4) It shall be unlawful for any person to act as an associated person of a digital commodity broker or an associated person of a digital commodity dealer unless such person is registered with the Commission under this Act and such registration shall not have expired, been suspended (and the period of suspension has not expired), or been revoked. It shall be unlawful for a digital commodity broker or a digital commodity dealer to permit such a person to become or remain associated with the digital commodity broker or digital commodity dealer if such digital commodity broker or digital commodity dealer knew or should have known that such person was not so registered or that such registration had expired, been suspended (and the period of suspension has not expired), or been revoked. ; and (C) in paragraph (5) (as so redesignated), by striking or of a commodity trading advisor of a commodity trading advisor, of a digital commodity broker, or of a digital commodity dealer (2) Conforming amendment The Commodity Exchange Act ( 7 U.S.C. 1a et seq. section 4k(6) section 4k(7) (d) Commodity trading advisers; commodity pool operators (1) In general Section 4l of the Commodity Exchange Act ( 7 U.S.C. 6l (A) in paragraph (2), by striking derivatives transaction execution facilities digital commodity trades on or subject to the rules of digital commodity trading facilities (B) in paragraph (3), by striking derivatives transaction execution facilities digital commodity trading facilities (2) Use of mail or other interstate commerce Section 4m(3)(C) of the Commodity Exchange Act ( 7 U.S.C. 6m(3)(C) digital commodity trades, and any monies (3) Registration Section 4n(3)(B) of the Commodity Exchange Act ( 7 U.S.C. 6n(3)(B) or digital commodity futures market (e) Acceptable business practices under core principles Section 5c(a)(1) of the Commodity Exchange Act ( 7 U.S.C. 7a–2(a)(1) and 5b(c)(2), , 5b(c)(2), and 5i(b) (f) Public disclosure Section 8(a)(1) of the Commodity Exchange Act ( 7 U.S.C. 12(a)(1) , digital commodity platforms, boards of trade (g) Anti-Money laundering (1) Amendment Section 5312(a)(2) of title 31, United States Code, is amended— (A) by redesignating subparagraphs (Y) and (Z) as subparagraphs (Z) and (AA), respectively; and (B) by inserting after subparagraph (X) the following: (Y) a digital commodity platform (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a . (2) Regulations (A) Proposed regulations Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury, after consultation with the Commodity Futures Trading Commission, shall publish proposed regulations in the Federal Register requiring a digital commodity platform (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a (B) Final regulations Not later than 180 days after the date of publication of the proposed regulations under subparagraph (A), the Secretary of the Treasury shall publish those regulations in final form. (h) Registration of commodity dealers and associated persons Section 8a of the Commodity Exchange Act ( 7 U.S.C. 12a (1) in paragraph (1), by inserting digital commodity brokers, associated persons of digital commodity brokers, digital commodity dealers, associated persons of digital commodity dealers, to register (2) in paragraph (2)— (A) in subparagraph (C)— (i) in clause (i), by inserting digital commodity broker, digital commodity dealer, futures commission merchant (ii) in clause (ii), by striking contracts of a digital commodity trade or a contract of (B) in subparagraph (D)— (i) in clause (i), by inserting digital commodity trade or contract of sale (ii) in clause (ii), by inserting digital commodity broker, digital commodity dealer, futures commission merchant (C) in subparagraph (E)(i), by striking Investors Investor (3) in paragraph (3)— (A) in subparagraph (B)(i), by striking Investors Investor (B) in subparagraph (E)— (i) in clause (i), by striking contract of sale of a commodity for future delivery or contract of sale of a commodity for future delivery, digital commodity trade, or (ii) in clause (ii), by inserting digital commodity broker, digital commodity dealer, futures commission merchant (C) in subparagraph (J)— (i) by inserting a digital commodity trading facility, a registered entity (ii) by striking registered entity, association digital commodity trading facility, registered entity, registered futures association (4) in paragraph (4)— (A) by striking futures commission merchant digital commodity broker, digital commodity dealer, futures commission merchant, (B) by inserting digital commodity subject to the rules of a digital commodity trading facility or commodity (C) by inserting digital commodity trading facility or registered entity (5) in paragraph (6), by inserting digital commodity trading facility, digital commodity custodian, registered entity (6) in paragraph (9)— (A) by inserting digital commodity trading facility or registered entity (B) by inserting digital commodity or futures contract (C) by inserting digital commodity or commodity (i) Amendments to title 11 Title 11, United States Code, is amended— (1) in section 101(6), by inserting digital commodity platform, as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a leverage transaction merchant, (2) in section 761— (A) in paragraph (4)(F)— (i) in clause (i), by striking and (ii) in clause (ii), by inserting and (iii) by adding at the end the following: (iii) with respect to a digital commodity platform, a contract for a digital commodity trade— (I) held at a digital commodity platform; or (II) executed by or through a digital commodity platform; ; (B) in paragraph (9)— (i) in subparagraph (D), by striking or (ii) in subparagraph (E)(ii)(II), by adding or (iii) by adding at the end the following: (F) with respect to a digital commodity platform— (i) entity for or with whom the digital commodity platform deals and that holds a claim against the digital commodity platform on account of a commodity contract made, received, acquired, or held by or through the digital commodity platform in the ordinary course of the business of the digital commodity platform as a digital commodity platform from or for a commodity contract account of the entity; or (ii) entity that holds a claim against the digital commodity platform arising out of— (I) the making, liquidation, or change in the value of a commodity contract of a kind specified in clause (i) of this subparagraph; (II) a deposit or payment of cash, a security, digital commodity, or other property with the digital commodity platform for the purpose of— (aa) making or margining the commodity contract; or (bb) holding in custody, or accepting a deposit, of property related to the making or margining of the commodity contract; or (III) the making or taking of delivery on the commodity contract. ; (C) by redesignating paragraphs (11) through (17) as paragraphs (12) through (18), respectively; and (D) by inserting after paragraph (10) the following: (11) the terms digital commodity digital commodity platform digital commodity trade 7 U.S.C. 1a . 6. Applicability The amendments made by this Act shall not apply to any person regulated under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. 7. Report on historically underserved customers participating in digital commodity markets Not later than 180 days after the date of enactment of this Act, the Commodity Futures Trading Commission (referred to in this section as the Commission (1) examine the racial, ethnic, and gender demographics of customers participating in digital commodity markets; and (2) submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report— (A) describing how those demographics will inform the rules and regulations of the Commission relating to customer protection; (B) proposing ways in which the Commission can provide outreach to historically underserved customers participating in digital commodity markets; and (C) containing recommendations relating to any other activities the Commission determines to be necessary to provide appropriate protection, outreach, or other similar activities relating to historically underserved customers participating in digital commodity markets.
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Digital Commodities Consumer Protection Act of 2022
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Community Mentors for Moms Act This bill requires the Health Resources & Services Administration to make grants for demonstration projects that provide community-based maternal mentoring, which may include dedicated individual mentors and networks of peer and community support groups.
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117 S4761 IS: Community Mentors for Moms Act U.S. Senate 2022-08-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4761 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mr. Rubio Committee on Finance A BILL To amend title V of the Social Security Act to establish a grant program for community-based maternal mentoring programs. 1. Short title This Act may be cited as the Community Mentors for Moms Act 2. Grants for community-based maternal mentoring programs Title V of the Social Security Act ( 42 U.S.C. 701 et seq. 514. Grants for community-based maternal mentoring programs (a) In general In addition to any other payments made under this title to a State, the Secretary shall make grants to eligible entities to conduct demonstration projects for, and enable such entities to deliver services under, community-based mentoring programs that satisfy the requirements of subsection (c) to eligible mothers in order to promote improvements in maternal and child well-being, financial stewardship, child development, parenting, and access to social services and other community resources. (b) Application The Secretary may not award funds made available under this subsection on a noncompetitive basis, and may not provide any such funds to an entity for the purpose of carrying out a community-based mentoring program unless the entity has submitted an application to the Secretary that includes— (1) a description of how the programs or activities proposed in the application will improve maternal mental and physical health outcomes in a service area identified by the entity, substantially increase the number of eligible mothers in a service area with access to a community-based mentoring relationship, utilize community volunteer mentors, and supplement, including by avoiding duplication with, existing social services and community resources; (2) a description of how the program will partner with other community institutions, including private institutions, in identifying eligible mothers in need of a mentor and, as applicable, creating support communities among eligible mothers; (3) a description of the populations to be served by the entity, including specific information on how the entity will serve eligible mothers who belong to high-risk populations as identified in subsection (d); (4) a description of the maternal and child health indicators, financial well-being, and other needs of populations to be served by the entity as described in paragraph (3), including, to the extent practicable, the prevalence of mentoring opportunities for such populations; (5) the quantifiable benchmarks that will be used to measure program success; (6) a commitment by the entity to consult with experts with a demonstrated history of mentoring and case management success in achieving the outcomes described in subsection (c)(2)(A) in developing the programs and activities; (7) a commitment by the entity to ensure mentors to not refer or counsel in favor of abortions; and (8) such other application information as the Secretary may deem necessary, with the goal of minimizing the application burden on small nongovernmental organizations that would otherwise qualify for the grant. (c) Requirements (1) Core components A community maternal mentoring program conducted with a grant made under this section shall include the following core components: (A) Provision of community-based mentoring relationships for eligible mothers, which may include dedicated individual mentors and networks of peer and community support groups. (B) An individualized needs assessment for each eligible mother participating in the program, to be administered at the outset of the program. (C) Recruitment and utilization of community-based, volunteer mentors. (D) Provision of training to participating mentors to equip them with mentoring best practices and knowledge of public and private resources available to eligible mothers (including public social services). (2) Measurable improvements in benchmark areas (A) In general The eligible entity shall establish, subject to the approval of the Secretary, quantifiable, measurable 3- and 5-year benchmarks demonstrating the program results in improvements for eligible mothers participating in the program in the following areas: (i) The number of eligible mothers in the eligible entity’s service area with access to a community-based mentoring relationship. (ii) Improved maternal and child health, including mental and behavioral health. (iii) Improved financial literacy. (iv) Improved family economic self-sufficiency. (v) Improved coordination and referrals for other community resources and supports, including public and private resources. (B) Demonstration of improvement (i) Report to the Secretary Not later than 30 days after the end of the third year in which the eligible entity conducts the program, the entity shall submit to the Secretary a report describing the program's results in the areas specified in subparagraph (A). (ii) Improvement plan If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. (iii) No improvement or failure to submit report If, 1 year after an eligible entity submits an improvement plan under clause (ii), the Secretary determines that the entity has failed to demonstrate any improvement in the areas specified in subparagraph (A), or if the Secretary determines that an eligible entity has failed to submit the report required under clause (i), and has not agreed to a reasonable timeline to submit such report under such conditions as may be determined by the Secretary, the Secretary shall terminate the entity’s grant and may reallocate any unpaid grant funds toward future grants provided under this section. (3) Improvements in participant outcomes (A) In general The program is designed, with respect to an eligible mother participating in the program, to result in the participant outcomes described in subparagraph (B) that are relevant to the mother (as determined pursuant to an individualized needs assessment administered to the mother). (B) Participant outcomes The participant outcomes described in this subparagraph are the following: (i) Improvements in prenatal and maternal health, including mental and behavioral health and improved pregnancy outcomes. (ii) Improvements in child health and development, including the prevention of child injuries and maltreatment. (iii) Higher levels of engagement between mothers, children, and their health providers. (iv) Reductions in mothers' stress and anxiety. (v) Improvements in parenting skills. (vi) Improvement in financial literacy skills. (vii) Improvements in child's school readiness and academic achievement. (viii) Improvements in family economic self-sufficiency. (ix) Improvements in the coordination of referrals for, and the provision of, other community resources, including private and public resources, and supports for eligible families. (d) Prioritization An eligible entity receiving a grant under this section shall identify and prioritize high-risk populations in provision of services, including— (1) low-income eligible mothers; (2) eligible mothers who are pregnant women who have not attained the age of 21; (3) eligible mothers from populations with a high risk of maternal morbidity; (4) eligible mothers with a history of substance abuse or victims of domestic abuse; (5) eligible mothers with children with developmental disabilities; and (6) eligible mothers residing in a qualified opportunity zone, as designated under section 1400Z–1 (e) Maintenance of effort Funds provided to an eligible entity under a grant awarded under subsection (a) shall supplement, and not supplant, funds from other sources for maternal mentorship or case management services. (f) Evaluation (1) Ongoing research and evaluation The Secretary shall engage in ongoing research and evaluation activities in order to increase knowledge about the implementation and effectiveness of community maternal mentoring programs. The Secretary may carry out such activities directly, or through grants, cooperative agreements, or contracts, and shall submit a report to Congress not less than annually on the research and evaluation steps being taken to measure the impact and effectiveness of programs funded under this section, as well as any interim outcomes that may be available. (2) Report requirement Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation. (g) Technical assistance The Secretary shall provide an eligible entity required to develop and implement an improvement plan under subsection (c)(2)(B) with technical assistance to develop and implement the plan. The Secretary may provide the technical assistance directly or through grants, contracts, or cooperative agreements. (h) No funds to prohibited entities No prohibited entity shall be eligible to receive a grant under subsection (a), or any other funds made available by this section. (i) Protections for participating religious organizations A religious organization shall be eligible to apply for and receive funding for a program under this section on the same basis as a non-religious organization, and a religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) (j) Authorization of appropriations (1) In general For purposes of carrying out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2023 through 2025. (2) Reservations Of the amounts appropriated under this subsection for a fiscal year, the Secretary shall reserve 3 percent for purposes of carrying out subsections (f) and (g). (3) Availability Funds made available to an eligible entity under this section shall remain available for expenditure by the eligible entity through the end of the third fiscal year following the fiscal year in which the funds are awarded to the entity. (k) Definitions In this section: (1) Community-based mentoring relationship The term community-based mentoring relationship (2) Eligible entity The term eligible entity (3) Eligible mother The term eligible mother (A) a woman who is pregnant; or (B) a woman who has primary caregiving responsibilities for a child under the age of 6. (4) Prohibited entity The term prohibited entity .
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Community Mentors for Moms Act
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Foster Care Stabilization Act of 2022 This bill requires the Administration for Children and Families to award demonstration grants to foster care stabilization agencies to improve services for foster youth awaiting placement and for other emergency assistance.
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117 S4762 IS: Foster Care Stabilization Act of 2022 U.S. Senate 2022-08-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4762 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mrs. Fischer Mr. Hickenlooper Committee on Finance A BILL To amend title IV of the Social Security Act to establish a demonstration grant program to provide emergency relief to foster youth and improve pre-placement services offered by foster care stabilization agencies, and for other purposes. 1. Short title This Act may be cited as the Foster Care Stabilization Act of 2022 2. Grants to improve pre-placement services for foster youth Section 426 of the Social Security Act ( 42 U.S.C. 626 (d) Grants To improve pre-Placement services for foster youth (1) Establishment The Secretary shall award 3 demonstration grants of not more than $1,000,000 to foster care stabilization agencies for the purpose of providing emergency relief to foster youth and improving pre-placement services for foster youth waiting for placement. (2) Duration A foster care stabilization agency that receives a grant under this subsection shall have 3 years to spend funds awarded by the grant and return any unused grant funds to the Secretary. (3) Application A foster care stabilization agency that desires to receive a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that shall include the following: (A) A description of how grant funds will be used to provide emergency relief to foster youth by the foster care stabilization agency. (B) A description of how grant funds will be used to improve pre-placement services offered by the foster care stabilization agency. (4) Application dissemination The Secretary shall ensure that the solicitation of applications for a grant under this subsection is posted publicly on the website of the Administration for Children and Families and shall make special dissemination efforts to rural areas and among Indian Tribes, Tribal organizations, and Native Hawaiian organizations. (5) Use of funds A grant awarded under this subsection may be used to carry out any of the following activities: (A) Hiring of personnel necessary to provide emergency relief to foster youth and ensure that services, resources, and assistance reach such youth. (B) Provision of clothing and other personal necessities to a foster youth for a total not to exceed $250 per foster youth, per year. (C) Purchase of food and equipment needed to prepare food for foster youth. (D) Provision of service and support to prevent and respond to occurrences of child abuse and neglect with respect to foster youth. (E) Any other extraordinary or emergency assistance needed to promote the safety and self-sufficiency of foster youth. (F) Any other purpose that the Secretary determines appropriate. (6) Reservation The Secretary shall reserve $45,000 of any amounts referred to in paragraph (9) for administration, oversight, and technical assistance activities related to this subsection. (7) Report The Secretary shall submit to the Congress a report that— (A) describes how grants awarded under this subsection have been used to provide emergency relief to foster youth; (B) describe how grants awarded under this subsection have been used on pre-placement services; (C) contains data on the extent of clothing and other necessities purchased with grant funds awarded under this subsection that have been provided to foster youth; (D) provides an evaluation of case outcomes for foster youth who have benefitted from grant funds; and (E) states the number of home transfers for each foster youth that has benefitted from grant funds. (8) Definitions In this subsection: (A) Foster care stabilization agency The term foster care stabilization agency (i) Children who are under the care and placement responsibility of a State or tribal agency that administers a plan under this part or part E. (ii) Foster youth who have not attained 18 years of age. (iii) Foster youth who have attained 18 years of age. (B) Foster youth The term foster youth (C) Home transfer The term home transfer (9) Funding To the extent that the total of the amounts made available under subsection (a) for a fiscal year exceeds $5,000,000 more than the amount so made available for the previous fiscal year, the Secretary shall use the amounts to carry out this subsection. .
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Foster Care Stabilization Act of 2022
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Reproductive Health Care Accessibility Act This bill establishes various grants and related programs that address sexual and reproductive health care for individuals with disabilities. Specifically, the Health Resources and Services Administration must support training for health care providers who offer sexual and reproductive health care to individuals with disabilities, and educating individuals with disabilities about sexual and reproductive health care. The Administration for Community Living must establish a national center to provide recommendations, technical assistance, and other resources related to the provision of sexual and reproductive health care for individuals with disabilities. The bill also authorizes support for medical schools, nursing schools, and other educational institutions that offer obstetrics and gynecology training programs to expand the number of individuals with disabilities entering the reproductive health care workforce. Additionally, the Department of Health and Human Services must study the effectiveness and other aspects of reproductive health care services and programs for individuals with disabilities.
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117 S4764 IS: Reproductive Health Care Accessibility Act U.S. Senate 2022-08-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4764 IN THE SENATE OF THE UNITED STATES August 3, 2022 Mrs. Murray Ms. Duckworth Mrs. Gillibrand Mr. Heinrich Mr. Reed Ms. Smith Ms. Hassan Ms. Hirono Ms. Warren Mr. Van Hollen Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to improve reproductive health care of individuals with disabilities. 1. Short title This Act may be cited as the Reproductive Health Care Accessibility Act 2. Findings Congress finds the following: (1) In the United States, there are approximately 1 in 4 adults with disabilities, 1 in 10 individuals with disabilities who are able to become pregnant, and approximately 4,100,000 parents with disabilities. (2) All people, including individuals with disabilities, have the right to decide if, when, and how to start and raise a family. (3) Title II and III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. 29 U.S.C. 794 42 U.S.C. 18116 (4) Disabled people face unique barriers when accessing reproductive health care, including accessibility at health care facilities, lack of accessible medical diagnostic equipment, barriers to accessible travel, delay in receiving preventative services, and lack of health care providers with training and knowledge on the needs of individuals with disabilities receiving reproductive health care. (5) The United States Access Board has established standards for accessible medical diagnostic equipment, however without enforceable standards adopted by the Department of Health and Human Services and Department of Justice, systemic improvements in the availability of accessible medical diagnostic equipment will not be achieved. (6) Disabled people have an equal right to reproductive autonomy, but harmful stereotypes create barriers to getting care that respects that autonomy. (7) Laws that restrict access to reproductive health care, including abortion care, disproportionally harm people who already face barriers to reproductive health care which includes disabled people. (8) Individuals with and without disabilities want children at the same frequency, but individuals with disabilities experience less likelihood of receiving contraception counseling and timely prenatal care, experience a higher rate of sterilization, and are at a greater risk for adverse pregnancy outcomes. (9) Diversity and inclusion in the health care workforce is a critical factor in the delivery of high-quality, culturally competent health care and improves patient outcomes. However, the rate of students and trainees with disabilities in medical and allied health education remains low compared to those without disabilities. 3. Program for training the workforce Part D of title VII of the Public Health Service Act ( 42 U.S.C. 294 et seq. 760A. Program for training the workforce concerning reproductive health care for individuals with disabilities (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration and in consultation with the Administrator of the Administration for Community Living, shall award grants, contracts, or cooperative agreements to eligible entities to carry out training programs for health care professionals providing sexual and reproductive health care concerning comprehensive disability clinical care curricula. (b) Eligibility (1) In general To be eligible to receive an award under this section an entity shall be a public or private nonprofit entity with demonstrated expertise in serving individuals with disabilities, which may include— (A) a multidisciplinary health care provider who provides reproductive health care, such as federally qualified health centers; (B) institutions of higher education, as defined in section 101 of the Higher Education Act of 1965, with expertise in reproductive health care; (C) an entity primarily led by individuals with disabilities; (D) an entity with expertise in reproductive rights and justice; (E) an Indian Tribe, Tribal organization, or urban Indian organization; or (F) a consortium of entities described in any of subparagraphs (A) through (E). (2) Application To be eligible to receive an award under this section an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that includes— (A) a description of the eligible entity’s or consortium of entities’ expertise in providing technical assistance and training, including evidence such as— (i) knowledge of the rights afforded to individuals with a disability under relevant Federal and State law; (ii) knowledge of accessibility standards established by the United States Access Board; (iii) expertise in evidence-based or evidence-informed practices in providing sexual and reproductive health care, including preventive health care services and perinatal care, to individuals with disabilities and those facing compounded barriers to accessing care; (iv) experience working with health care providers, public or private nonprofit entities, or Federal, State, or local agencies focusing on sexual and reproductive health care services for individuals with disabilities; (v) experience working with individuals with disabilities and their families; (vi) expertise in providing, collecting, compiling, communicating, and disseminating information in culturally and linguistically appropriate manner especially in easily accessible formats; and (vii) experience improving coordination of services, such as mental health, substance use disorder prevention, treatment, and recovery support services, social services, other health care services, and transportation services for individuals with disabilities; (B) a description of the activities to be funded under the award and the goals of such activities, including a description of— (i) the training or education program to be implemented that meets the requirements of subsection (c); (ii) the process to be used to identify health care providers that will participate in the training program, including the process to increase diversity in the pool of participating providers; (iii) the process to be used to engage stakeholders in such training, including individuals with disabilities; and (iv) the eligible entity’s evaluation plan to determine the scope and impact of the training program; (C) an assurance that the recipients of the training will receive ongoing and comprehensive training or professional development on the sexual and reproductive health care needs of individuals with disabilities; and (D) any other assurances that the Secretary may require. (3) Subawards An eligible entity or eligible consortium receiving an award under this section may, for contracting purposes, make subawards to individuals or entities with expertise in reproductive health care and serving individuals with disabilities. (c) Use of funds An entity or entities shall use amounts received under this section to carry out a training program for health care professionals providing sexual and reproductive health care that provides training concerning— (1) comprehensive disability clinical care curricula to inform health professionals providing sexual and reproductive health care on how to provide effective, interprofessional team-based health care; (2) culturally and linguistically competent care for individuals with disabilities; (3) delivering sexual and reproductive health care for individuals with disabilities in a manner that emphasizes the independence, self-determination, and choices of individuals with disabilities with respect to their sexual and reproductive health through comprehensive disability clinical care curricula; (4) the rights afforded to individuals with disabilities under relevant Federal and State law; and (5) methods and evidence-based or evidence-informed practices for providing sexual and reproductive health care, including preventive health care services, to individuals with disabilities. (d) Evaluation and report (1) In general An entity or entities that receives an award under this section shall, at the end of the award period, carry out an evaluation of any progress made through the program in training health care professionals providing sexual and reproductive health care, consistent with the purposes of this section. (2) Report Not later than 180 days after the end of the award period, an entity that receives an award under this section shall submit to the Secretary a report on the results of the evaluation conducted under paragraph (1). (3) Secretary The Secretary shall annually compile the reports submitted under paragraph (2) and submit such compilation to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. Such compilations shall be posted on the internet website of the Department of Health and Human Services in an accessible format. (e) Definitions In this section: (1) Disability The terms disability disabilities (2) Indian tribe The terms Indian Tribe Tribal organization (3) Urban Indian organization The term urban Indian organization (f) Authorization of appropriations There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2023 through 2027. Funds provided to carry out this section shall supplement not supplant funds otherwise made available to carry out title VII. . 4. Program for expanding the reproductive health care physician workforce Part B of title VII of the Public Health Service Act ( 42 U.S.C. 293 et seq. 742. Program for expanding the reproductive health care physician workforce (a) Purpose It is the purpose of this section— (1) to establish and sustain a competitive health professions applicant pool of individuals with disabilities by increasing the total number of individuals with disabilities who pursue a career in sexual and reproductive health care, including abortion care and maternal health care; and (2) to develop a culturally and linguistically competent health care workforce providing reproductive health care that will serve unserved and underserved populations, including individuals with disabilities. (b) Awards To assist individuals with disabilities in undertaking education to enter into the reproductive health care workforce, the Secretary may award grants, contracts, or cooperative agreements to public or private nonprofit health or educational entities, including schools of medicine, schools of osteopathic medicine, and institutions of higher education, that offer programs, including graduate programs, in obstetrics and gynecology or programs for the training of health care providers to enable such entities to carry out the activities described in subsection (d). (c) Application To be eligible to receive an award under subsection (b), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Use of funds An entity shall use amounts received under an award under subsection (b) to— (1) conduct or support activities to develop a competitive applicant pool, through partnership with public or private nonprofit institutions of higher education, local educational agencies, health care providers, such as sexual and reproductive health care providers and primary care providers, or other community-based entities, and establish an education pipeline for individuals with disabilities entering the reproductive health care workforce; (2) establish, strengthen, or expand programs to support the academic performance of individuals with disabilities participating in activities funded under this section, including mentorship programs; (3) identify, recruit, enroll, and retain individuals with disabilities in education and training related to sexual and reproductive health care; (4) improve the capacity of the entity involved to train, recruit, and retain faculty with disabilities including the payment of such stipends and fellowships as the Secretary may determine appropriate; (5) carry out activities to improve the information resources, clinical education, curricula and competencies of the graduates of the entity involved, as it relates to individuals with disabilities; (6) facilitate faculty and student research on health issues affecting individuals with disabilities, including research on issues relating to the delivery of sexual and reproductive health care to individuals with disabilities; (7) carry out programs, or offer experiences, to train students in providing reproductive health services to individuals with disabilities at community-based health facilities that provide reproductive health services; (8) provide stipends to individuals with disabilities participating in activities funded under this section as the Secretary determines appropriate, in amounts as the Secretary determines appropriate, with an assurance that such stipends shall not result in loss of an individual’s Federal or State benefits; or (9) any other activities that the Secretary may require. (e) Preference In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall give preference to applications that have been approved for programs that involve a comprehensive approach through multiple entities described in subsection (b) to establish, enhance, and expand educational programs that will result in the development of a competitive applicant pool of individuals with disabilities who desire to pursue careers in reproductive health care services. (f) Consideration for awards In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall— (1) consider current enrollment trends and the needs of certain populations, including individuals with disabilities; and (2) align and coordinate with other training programs administered by the Health Resources and Services Administration. (g) Effect on other programs Assistance or stipends provided to an individual under this section shall not be considered when applying asset or resource limitation provisions related to the eligibility of such individual for any benefit, assistance, or service provided under any Federal or State program. (h) Report Not later than 180 days after the end of the award period, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning the activities carried out under this section to increase the representation of individuals with disabilities in the reproductive health profession and related training programs. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2023 through 2027. Funds provided to carry out this section shall supplement not supplant funds otherwise made available to carry out title VII. . 5. Expanding the reproductive health care nursing workforce Section 821 of the Public Health Service Act ( 42 U.S.C. 296m (d) Expanding the reproductive health care nursing workforce (1) Awards To assist individuals with disabilities in undertaking education to enter into the reproductive nursing workforce, the Secretary may award grants, contracts, or cooperative agreements under subsection (a)(1) to eligible entities to enable such entities to carry out the activities described in paragraph (4). (2) Application To be eligible to receive an award under paragraph (1), an entity described in such paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Use of funds An entity shall use amounts received under an award under paragraph (1) to— (A) conduct activities to develop a competitive applicant pool, through partnership with public or private nonprofit institutions of higher education, local educational agencies, nurse-managed health clinics, health care providers, such as reproductive health care providers and nurses, or other community-based entities, and establish an education pipeline for individuals with disabilities entering the reproductive health care nursing workforce; (B) establish, strengthen, or expand programs to support the academic performance of individuals with disabilities participating in activities funded under this subsection, including mentorship programs; (C) identify, recruit, enroll, and retain individuals with disabilities in education and training related to sexual and reproductive health care; (D) improve the capacity of the entity involved to train, recruit, and retain faculty with disabilities, including the payment of such stipends and fellowships as the Secretary may determine appropriate; (E) carry out activities to improve the information resources, clinical education, curricula, and competencies of the graduates of the entity involved, as it relates to individuals with disabilities; (F) facilitate faculty and student research to include evidence-based practice and quality improvement projects focused on health issues affecting individuals with disabilities, including research on issues relating to the delivery of sexual and reproductive health care to individuals with disabilities; (G) carry out programs, or offer experiences, to train students in providing reproductive health services to individuals with disabilities at community-based health care facilities that provide reproductive health services; (H) provide stipends to individuals with disabilities participating in activities funded under this subsection as the Secretary determines appropriate, in amounts as the Secretary determines appropriate, with an assurance that such stipends shall not result in the loss of an individual’s Federal or State benefits; or (I) any other activities that the Secretary may require. (4) Preference In awarding grants, contracts, or cooperative agreements under this subsection, the Secretary shall give preference to applications that have been approved for programs that involve a comprehensive approach through multiple entities described in paragraph (1) to establish, enhance, and expand educational programs that will result in the development of a competitive applicant pool of individuals with disabilities who desire to pursue careers in reproductive health care services. (5) Consideration for awards In awarding grants, contracts, or cooperative agreements under this subsection, the Secretary shall— (A) consider current enrollment trends and the needs of certain populations, including individuals with disabilities; and (B) align and coordinate with other training programs administered by the Health Resources and Services Administration. (6) Effect on other programs Assistance or stipends provided to an individual under this subsection shall not be considered when applying asset or resource limitation provisions related to the eligibility of such individual for any benefit, assistance, or service provided under any Federal or State program. (7) Report Not later than 180 days after the end of the award period, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning the activities carried out under this subsection to increase the representation of individuals with disabilities in the reproductive health profession and related training programs. (8) Authorization of appropriations There is authorized to be appropriated to carry out this subsection, $15,000,000 for each of fiscal years 2023 through 2027. Funds provided to carry out this subsection shall supplement not supplant funds otherwise made available to carry out title VIII. . 6. Program for reproductive health education (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Eligibility (1) In general To be eligible to receive an award under this section an entity shall be a public or private nonprofit entity with a demonstrated expertise in serving individuals with disabilities, which may include— (A) a multidisciplinary health care provider who provides reproductive health care services, such as a federally qualified health center; (B) institutions of higher education, as defined in section 101 of the Higher Education Act of 1965, with expertise in reproductive health care; (C) an entity primarily led by individuals with disabilities; (D) an entity with expertise in reproductive rights and justice; (E) an Indian Tribe, Tribal organization, or urban Indian organization; and (F) a consortium of entities described in any of subparagraphs (A) through (E). (2) Application To be eligible to receive a grant, contract, or cooperative agreement under this section an eligible entity or consortium of entities shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that includes a description of the eligible entity’s or entities’ expertise in providing education programs including evidence that such entity has— (A) knowledge of best practices in providing reproductive health care, including preventive health care services, to individuals with disabilities; (B) experience working with individuals with disabilities and their families; and (C) demonstrated expertise of developing materials in culturally and linguistically accessible formats including plain language. (3) Subawards An eligible entity or eligible consortium receiving an award under this section may, for contracting purposes, make subawards to individuals or entities with expertise in reproductive health care and serving individuals with disabilities. (c) Use of funds An entity or entities’ shall use amounts received under subsection (a) to— (1) carry out evidence-based or evidence-informed sexual and reproductive health education programs for individuals with disabilities, including youth, in culturally and linguistically accessible formats; (2) develop sexual and reproductive health education programs in culturally and linguistically accessible formats to be used in carrying out paragraph (1); (3) provide education to individuals with disabilities, including youth, concerning abortion care options and their sexual, reproductive, and perinatal health care needs; (4) provide education to individuals with disabilities, including youth, concerning their rights under relevant Federal and State law; (5) provide access to disability affirmative and supportive clinical resources that are accessible to individuals with disabilities; (6) build the entity’s or entities’ capacity and enhance their leadership of the entity or entities within the community to promote community engagement in, and advancement of, evidence-based or evidence-informed sexual and reproductive health care education in easily accessible formats; and (7) support dissemination of newly developed sexual and reproductive health care education programs as described in paragraph (2) throughout the State, territorial, and Tribal communities. (d) Evaluation and report (1) In general An entity that receives an award under this section shall, at the end of the award period, carry out an evaluation of success of the entity in achieving the goals of the program for which the award was made. (2) Report Not later than 180 days after the end of the award period, an entity that receives an award under this section shall submit to the Secretary a report on the results of the evaluation conducted under paragraph (1). (3) Secretary The Secretary shall annually compile the reports submitted under paragraph (2) and submit such compilation to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. Such compilations shall be posted on the internet website of the Department of Health and Human Services in an accessible format. (e) Definitions In this section: (1) Disability The terms disability disabilities (2) Indian tribe The terms Indian Tribe Tribal organization (3) Urban indian organization The term urban Indian organization (f) Authorization of appropriations There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2023 through 2027. 7. National Technical Assistance Center (a) Establishment The Secretary of Health and Human Services, acting through the Administration for Community Living, shall directly, or through a grant, contract, or cooperative agreement, establish a National Technical Assistance Center to— (1) provide recommendations and best practices to States, Indian Tribes, Tribal organizations, and urban Indian organizations concerning improving coordination of services including mental health and substance use disorder services, social services, health care, and transportation to increase access to quality, integrated systems of accessible, comprehensive disability clinical care, and services for individuals with disabilities; (2) provide technical assistance to health care providers on culturally and linguistically accessible and appropriate sexual and reproductive health care, including before, during, and after pregnancy and perinatal care and family planning services; (3) develop resources and provide technical assistance to assist covered entities in complying with applicable Federal laws and regulations; and (4) develop resources for individuals with disabilities facing barriers to accessible care, including related to accessible medical diagnostic equipment and the Barrier-Free Health Care Initiative. (b) Definitions In this section: (1) Disability The terms disability disabilities (2) Indian Tribe The terms Indian Tribe Tribal organization (3) Urban indian organization The term urban Indian organization (c) Authorization of appropriations There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2023 through 2027. 8. Research study (a) In general The Secretary of Health and Human Services, in consultation with the Administrator of the Administration for Community Living, shall carry out a study to— (1) identify the types of programs and services that have demonstrated effectiveness in providing reproductive health care services for individuals with disabilities; (2) analyze the effectiveness of Federal, State, Tribal, and local partnerships to coordinate efforts to ensure an integrated system of accessible, comprehensive reproductive health care for individuals with disabilities; and (3) identify necessary memoranda of understanding or interagency agreements that are needed to foster data and public health research focusing on reproductive health care barriers for individuals with disabilities. (b) Report Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce and the Committee on Education and Labor of the House of Representatives, a report on the results of the study conducted under subsection (a). (c) Definition In this section the terms disability disabilities (d) Authorization of appropriations There is authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2023.
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Reproductive Health Care Accessibility Act
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Acting on the Annual Duplication Report Act of 2022 This bill requires various activities to implement recommendations identified in a report issued by the Government Accountability Office for reducing fragmentation, overlap, and duplication in federal programs. It specifically addresses recommendations concerning (1) the regulation of radioactive materials and disposal of low-level radioactive waste, and (2) coordination of federal efforts to reduce the risks of chronic health conditions through diet.
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108 S4765 IS: Acting on the Annual Duplication Report Act of 2022 U.S. Senate 2022-08-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4765 IN THE SENATE OF THE UNITED STATES August 3, 2022 Ms. Hassan Mr. Paul Committee on Environment and Public Works A BILL To address recommendations made to Congress by the Government Accountability Office and detailed in the annual duplication report, and for other purposes. 1. Short title This Act may be cited as the Acting on the Annual Duplication Report Act of 2022 2. Findings; sense of Congress (a) Findings Congress finds that— (1) the annual reports prepared by the Comptroller General of the United States under section 21 of the Joint Resolution entitled Joint Resolution increasing the statutory limit on the public debt 31 U.S.C. 712 Public Law 111–139 (2) the 2022 report entitled Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Billions of Dollars in Financial Benefits (A) to improve efficiency and effectiveness across the Federal Government; and (B) to save potentially tens of billions of dollars; (3) the financial benefits described in paragraph (2) cannot be realized without full implementation of the actions and recommendations set forth by the Comptroller General of the United States in the report described in that paragraph; and (4) of the 94 new actions described in that report, several require legislation to be fully implemented, including recommendations— (A) to improve coordination among 200 Federal efforts to address diet-related chronic illnesses; (B) to encourage the use of lower-risk alternatives to radiation technology; and (C) to clarify statutory authorities for low-level nuclear waste disposal to make that disposal more cost-effective. (b) Sense of Congress It is the sense of Congress that— (1) it is the responsibility of Congress and the executive branch to take action to implement recommendations made in the annual reports described in subsection (a)(1) on reducing duplication in Federal programs to be good stewards of taxpayer dollars; (2) legislation and adequate resources are needed to ensure that all potential financial benefits are realized from the implementation of those recommendations; and (3) while some recommendations for congressional action from previous reports have been resolved, Congress must continue to pursue the recommendations that have gone unaddressed in addition to the new recommendations for action presented in the 2022 report described in subsection (a)(2). 3. Increasing coordination among Federal efforts designed to address diet-related chronic health conditions to achieve cost-savings and improve health outcomes (a) Strategy The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, shall develop and implement a strategy to coordinate Federal, diet-related efforts that aim to reduce the risk of chronic health conditions among the people of the United States. The strategy shall— (1) identify an entity within the Department of Health and Human Services to lead the effort to implement the strategy; (2) address diet-related chronic health conditions that include— (A) obesity; (B) cardiovascular disease and related risk; (C) diabetes; (D) cancer; and (E) conditions related to bone and muscle health; (3) include a plan to coordinate the 200 Federal efforts identified in the report of the Government Accountability Office entitled Chronic Health Conditions: Federal Strategy Needed to Coordinate Diet-Related Efforts (4) describe the role of relevant agency heads in ensuring that their agencies assist with coordinating the 200 Federal efforts identified in the report described in paragraph (3); (5) identify potential gaps and overlap in and among existing efforts; (6) define desired outcomes and establish performance measures to monitor progress toward achieving those outcomes; and (7) identify priorities for resource allocation. (b) Report Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, shall submit a report on the implementation of the strategy described in subsection (a), including progress toward achieving outcomes, to— (1) the Committee on Health, Education, Labor, and Pensions of the Senate; (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; (4) the Committee on Energy and Commerce of the House of Representatives; (5) the Committee on Ways and Means of the House of Representatives; and (6) the Committee on Oversight and Reform of the House of Representatives. 4. Reducing American reliance on radiation technology in favor of lower-risk alternatives (a) Byproduct material Section 81 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2111 d. Consideration of alternative technologies (1) Definitions In this subsection: (A) Radiation source The term radiation source (B) Radionuclide of concern The term radionuclide of concern (2) Alternatives to radionuclides of concern In issuing licenses under this section, the Commission shall consider alternatives to devices or processes that employ radionuclides of concern as a radiation source. (3) Regulations (A) In general Not later than 1 year after the date of enactment of this subsection, the Commission shall publish a notice of proposed rulemaking describing how the Commission will incorporate into the licensing process of the Commission under this section consideration of alternatives to devices or processes that employ radionuclides of concern as a radiation source. (B) Requirements In carrying out subparagraph (A), the Commission shall consider, at a minimum— (i) directing potential licensees to justify any need for technologies employing a radiation source when a nonradiological alternative is available and viable; and (ii) directing potential licensees to consult with other Government agencies about alternative technologies before the Commission will consider the application of the potential licensee. (C) Consultation and coordination In developing regulations under this paragraph, the Commission shall consult and coordinate with the task force established by section 170H h.(2), as necessary. . (b) Radiation source protection Section 170H of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210h h. Alternatives to devices or processes that employ radiation sources (1) Sense of Congress It is the sense of Congress that Government agencies should— (A) exercise the authorities provided to those agencies to achieve maximum reduction in the use of devices or processes that employ radiation sources; and (B) wherever possible, promote the use of comparable alternatives to those devices or processes that do not employ radiation sources. (2) Task force on alternatives to devices or processes that employ radiation sources (A) Establishment There is established a task force on alternatives to devices or processes that employ radiation sources (referred to in this subsection as the alternatives task force (B) Chair The chair of the alternatives task force shall be the Director of the Office of Science and Technology Policy (or a designee) (referred to in this subsection as the Chair (C) Membership The membership of the task force shall consist of— (i) the Chair; (ii) the Chairman of the Nuclear Regulatory Commission (or a designee); (iii) the Secretary of Agriculture (or a designee); (iv) the Secretary of Energy (or a designee); (v) the Administrator of the Environmental Protection Agency (or a designee); (vi) the Secretary of Health and Human Services (or a designee); (vii) the Commissioner of Food and Drugs (or a designee); and (viii) the Secretary of Veterans Affairs (or a designee). (3) National strategy (A) In general Not later than 2 years after the date of enactment of this subsection, the alternatives task force shall develop, publish, and implement a national strategy— (i) to maximally reduce the use of devices or processes that employ radiation sources; and (ii) to promote the use of alternatives to those devices or processes that perform some or all of the same functions. (B) Contents The strategy developed under subparagraph (A) shall include all the desirable characteristics of national strategies that have been identified by the Government Accountability Office, including— (i) specific goals and performance measures; (ii) clear roles for government and nongovernment entities; and (iii) proposals to provide relevant authorities to execute those roles. . 5. Eliminating red tape to allow experts to less expensively dispose of low-level nuclear waste Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 50 U.S.C. 2602 (1) by striking subsections (c) and (d) and inserting the following new subsections: (c) Covered States (1) For purposes of this section, the following States are covered States: (A) The State of Idaho. (B) The State of South Carolina. (C) The State of Washington. (2) Subsection (a) shall not apply to any material otherwise covered by that subsection that is transported from the State of Idaho or the State of South Carolina. (d) Low-Level waste offsite disposal project at Hanford site (1) The Secretary shall carry out the Low-Level Waste Offsite Disposal project to demonstrate the feasibility of grouting supplemental low-activity waste from the Hanford Site, Richland, Washington. (2) The Secretary may classify the waste corresponding to the Low-Level Waste Offsite Disposal project in accordance with this section. (3) Waste corresponding to the Low-Level Waste Offsite Disposal project that is reclassified under this section for disposal outside of the State of Washington— (A) may be land-disposed if the State receiving the waste permits the disposal of such waste; and (B) notwithstanding sections 268.40 and 268.42 of title 40, Code of Federal Regulations (or successor regulations) and as incorporated by reference in section 173–303–140 of title 173, Washington Administrative Code, is not required to be treated to the HLVIT standard (within the meaning of section 268.42(a) of title 40, Code of Federal Regulations (or a successor regulation)) prior to such disposal. (4) In this subsection, the term Low-Level Waste Offsite Disposal project (A) to pretreat approximately 2,000 gallons of liquid tank waste; (B) to immobilize the waste at an off-site commercial facility; and (C) to transport the immobilized mixed low-level waste out of the State of Washington for disposal. ; and (2) by striking subsection (e)(2) and inserting the following new paragraph: (2) With the exception of subsection (d)(3)(B), nothing in this section establishes any precedent or is binding on the State of Oregon or any other State not covered by subsection (c) for the management, storage, treatment, and disposition of radioactive and hazardous materials. .
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Acting on the Annual Duplication Report Act of 2022
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Taxing Big Oil Profiteers Act This bill imposes an additional 21% tax through 2025 on the excess profits (i.e., current profits over normal return) of oil and natural gas companies that have average annual gross receipts during a three-year period of over $1 billion. The bill imposes on publicly-traded domestic corporations a tax equal to 25% of the fair market value of the stock of the corporation repurchased during the taxable year. The tax does not apply to a repurchase made after 2025 or that is treated as dividend. It also does not apply if the total value of the stock repurchased during a taxable year does not exceed $1 million. The bill disqualifies certain large oil and natural gas companies from the use of the LIFO (last-in first-out) inventory accounting method.
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117 S4768 IS: Taxing Big Oil Profiteers Act U.S. Senate 2022-08-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4768 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Wyden Mr. Schumer Mrs. Murray Ms. Stabenow Mr. Casey Mr. Padilla Ms. Hirono Mr. Booker Ms. Klobuchar Mr. Reed Mr. Warnock Mrs. Feinstein Mr. Blumenthal Mr. Van Hollen Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to tax excess profits of large oil and gas companies, to impose a tax on the repurchase of stock by large oil and gas companies, to end the use of the LIFO method of accounting by large oil and gas trades or businesses, and for other purposes. 1. Short title This Act may be cited as the Taxing Big Oil Profiteers Act 2. Tax on excess profits of certain taxpayers from oil and gas (a) In general Subchapter A of chapter 1 VIII Windfall profits from oil and gas Sec. 59B. Tax on oil and gas excess profits. 59B. Tax on oil and gas excess profits (a) Imposition of tax (1) In general In addition to any other tax imposed under this chapter, there is hereby imposed on each applicable taxpayer for any taxable year a tax equal to 21 percent of the excess profits of such taxpayer for such taxable year. (2) Excess profits For purposes of this subsection, the term excess profits (A) the current profits of the taxpayer for the taxable year, over (B) the normal return of the taxpayer for the taxable year. (b) Applicable taxpayer For purposes of this section— (1) In general The term applicable taxpayer (A) the average annual gross receipts of such person for the 3-taxable-year period ending with the taxable year which precedes such taxable year equals or exceeds $1,000,000,000, and (B) such person is primarily engaged in 1 or more oil or natural gas trades or businesses during the taxable year. (2) Special rules for applicable entities (A) In general If an entity is an applicable entity (as defined in subsection (e)) for any taxable year— (i) except as provided in paragraphs (1)(A) and (2)(B) of subsection (e), such entity shall not be treated as an applicable taxpayer for purposes of this section, but (ii) any allocable share of a covered taxpayer of any excess profits of such entity for such taxable year (as determined under subsection (e)) shall be taken into account by such taxpayer under subsection (a)(1)— (I) as excess profits of such taxpayer for the taxable year of such taxpayer with or within which such taxable year of such entity ends, and (II) in the same manner as if such taxpayer were an applicable taxpayer. (B) Covered taxpayer For purposes of this section, the term covered taxpayer (i) a taxpayer who is an individual (other than an estate or trust) and whose adjusted gross income for such taxable year exceeds $400,000 ($200,000 in the case of a married individual filing separately), (ii) an estate or trust, or (iii) a C corporation which is not an applicable taxpayer. (3) Oil or natural gas trade or business The term oil or natural gas trade or business (A) The production of oil or natural gas. (B) The refining of oil or natural gas. (C) The processing of oil or natural gas. (D) The transportation of oil or natural gas. (E) The distribution of oil or natural gas. (4) Applicable rules relating to gross receipts For purposes of paragraph (1)(A)— (A) except as provided in subsection (f), there shall be taken into account only gross receipts which are effectively connected with the conduct of a trade or business within the United States, the Commonwealth of Puerto Rico, or any possession of the United States, and (B) rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply. (c) Current profits For purposes of this section, the term current profits (1) No net operating loss deduction No net operating loss deduction shall be allowed. (2) Deduction for employee remuneration (A) In general Section 162(m) shall be applied— (i) by substituting In the case of any applicable taxpayer (as defined in section 59B) In the case of any publicly held corporation (ii) by substituting covered individual (as defined in section 59B(c)(2)(B)) covered employee (iii) by treating any reference to an employee individual (B) Covered individual For purposes of applying this paragraph to section 162(m), the term covered individual (i) is an officer, director, or employee of the applicable taxpayer for the taxable year, or (ii) performed services for the applicable taxpayer during the taxable year. For purposes of clause (i), any employee who is treated as an employee of the applicable taxpayer under subsection (b) or (c) of section 414 shall be treated as an employee for purposes of this subparagraph. (3) Certain foreign income Except as provided in subsection (f)— (A) Certain income excluded In determining gross income— (i) subpart F income and global intangible low-taxed income included in gross income under sections 951 and 951A shall not be taken into account, and (ii) foreign-derived intangible income (as defined in section 250) shall not be taken into account unless such income is domestic oil-related income which is derived from oil or gas which is exported from the United States. For purposes of clause (ii), the term domestic oil-related income (B) Denial of section 250 deduction No deduction shall be allowed under section 250. (d) Normal return For purposes of this section, the term normal return (1) the gross receipts of the taxpayer taken into account in computing the taxpayer's current profits for the taxable year, including the taxpayer's allocable share of any gross receipts of a partnership, S corporation, or other pass-thru entity specified by the Secretary under subsection (e)(2)(A), over (2) the current profits of the taxpayer for the taxable year. (e) Definitions and rules relating to applicable entities For purposes of this section— (1) In general An applicable entity for any taxable year shall— (A) compute the current profits, normal return, and excess profits of such entity for such taxable year in the same manner as if such entity were an applicable taxpayer, except that subsection (c) shall be applied by substituting the entity's non-separately stated taxable income taxable income (B) report to each partner, shareholder, or other holder of an ownership interest in such entity its allocable share of the entity's excess profits. (2) Applicable entity The term applicable entity (A) which is a partnership, S corporation, or other pass-thru entity specified by the Secretary, and (B) with respect to which the requirements of subparagraphs (A) and (B) of subsection (b)(1) are met for such taxable year, determined in the same manner as if such entity were an applicable taxpayer. (3) Allocable share A person's allocable share of the excess profits shall be determined in the same manner as— (A) in the case of a partnership, such person's distributive share of the non-separately stated taxable income of the partnership, (B) in the case of an S corporation, such person's pro rata share of the non-separately stated taxable income of the S corporation, and (C) in the case of any other pass-thru entity, such person's share (as determined under rules prescribed by the Secretary) of the non-separately stated taxable income of the entity. (4) Non-separately stated taxable income The term non-separately stated taxable income (A) section 703(a) in the case of a partnership, (B) section 1366(a)(1)(B) in the case of an S corporation, and (C) rules prescribed by the Secretary in the case of any other pass-thru entity. (f) Rules for certain foreign income attributable to imports into the United States For purposes of this section— (1) In general In the case of any oil and gas import income of an applicable taxpayer for any taxable year— (A) in computing such taxpayer's current profits for such taxable year— (i) such oil and gas import income (and any deductions allocable to such income) shall be taken into account, and (ii) subsection (c)(3) shall not apply to any subpart F income, global intangible low-taxed income, or foreign-derived intangible income of such taxpayer to the extent such income is attributable to such oil and gas import income, and (B) gross receipts taken into account in computing such oil and gas import income shall be taken into account in computing the gross receipts of such taxpayer for purposes of subsection (b)(1)(A) . (2) Oil and gas import income (A) Controlled foreign corporations In the case of a United States shareholder of a controlled foreign corporation, the term oil and gas import income (B) Authority to include other income The Secretary may prescribe such regulations or other guidance to include in oil and gas import income of an applicable taxpayer its pro rata share of any combined foreign oil and gas income of any person related to the taxpayer (other than a controlled foreign corporation) which is derived from oil and gas imported into the United States if the Secretary determines such inclusion is necessary to prevent the avoidance of the tax imposed by this section. (3) Definitions and special rules (A) In general The term combined foreign oil and gas income income taxable income (B) Pro rata share An applicable taxpayer's pro rata share of any oil and gas import income shall be determined under rules similar to the rules under section 951(a)(2). (C) Prevention of double counting Oil and gas import income (and any deductions allocable to such income) shall not be taken into account under paragraph (1) to the extent already taken into account. (g) Regulations or other guidance The Secretary shall prescribe such regulations or other guidance as is necessary to carry out this section, including regulations or other guidance for the application of subsections (b)(2) and (e), including regulations or other guidance— (1) for the application of such subsections in the case of tiered entities, (2) for determining a person's allocable share where the non-separately stated taxable income of an entity is a loss, and (3) providing rules for the reporting, including through tiered entities, of excess profits. (h) Termination This section shall not apply to any taxable year beginning after December 31, 2025. . (b) Tax not taken into account in computing estimated tax Paragraph (1) of section 6654(f) 59B or 143(m) (c) Conforming amendment The table of subchapters for subchapter A of chapter 1 PART VIII—Windfall profits from oil and gas . (d) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (e) Tax treated as rate change For purposes of section 15(a) 3. Excise tax on repurchase of corporate stock (a) In general Subtitle D of the Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: 37 Repurchase of corporate stock Sec. 4502. Repurchase of corporate stock by oil and gas companies. 4502. Repurchase of corporate stock by oil and gas companies (a) General rule There is hereby imposed on each covered corporation a tax equal to 25 percent of the fair market value of any stock of the corporation which is repurchased by such corporation during the taxable year. (b) Covered corporation For purposes of this section, the term covered corporation (1) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), and (2) which is an applicable taxpayer (as defined in section 59B) for the taxable year in which such repurchase occurs. (c) Repurchase For purposes of this section— (1) In general The term repurchase (A) a redemption within the meaning of section 317(b) with regard to the stock of a covered corporation, and (B) any transaction determined by the Secretary to be economically similar to a transaction described in subparagraph (A). (2) Treatment of purchases by specified affiliates (A) In general The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation, from a person who is not the covered corporation or a specified affiliate of such covered corporation, shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. (B) Specified affiliate For purposes of this section, the term specified affiliate (i) any corporation more than 50 percent of the stock of which is owned (by vote or by value), directly or indirectly, by such corporation, and (ii) any partnership more than 50 percent of the capital interests or profits interests of which is held, directly or indirectly, by such corporation. (3) Adjustment The amount taken into account under subsection (a) with respect to any stock repurchased by a covered corporation shall be reduced by the fair market value of any stock issued by the covered corporation during the taxable year, including the fair market value of any stock issued or provided to employees of such covered corporation or a specified affiliate of such covered corporation during the taxable year, whether or not such stock is issued or provided in response to the exercise of an option to purchase such stock. (d) Special rules for acquisition of stock of certain foreign corporations (1) In general In the case of an acquisition of stock of an applicable foreign corporation by a specified affiliate of such corporation (other than a foreign corporation or a foreign partnership (unless such partnership has a domestic entity as a direct or indirect partner)) from a person who is not the applicable foreign corporation or a specified affiliate of such applicable foreign corporation, for purposes of this section— (A) such specified affiliate shall be treated as a covered corporation with respect to such acquisition, (B) such acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation, and (C) the adjustment under subsection (c)(3) shall be determined only with respect to stock issued or provided by such specified affiliate to employees of the specified affiliate. (2) Surrogate foreign corporations In the case of a repurchase of stock of a covered surrogate foreign corporation by such covered surrogate foreign corporation, or an acquisition of stock of a covered surrogate foreign corporation by a specified affiliate of such corporation, for purposes of this section— (A) the expatriated entity with respect to such covered surrogate foreign corporation shall be treated as a covered corporation with respect to such repurchase or acquisition, (B) such repurchase or acquisition shall be treated as a repurchase of stock of a covered corporation by such covered corporation, and (C) the adjustment under subsection (c)(3) shall be determined only with respect to stock issued or provided by such expatriated entity to employees of the expatriated entity. (3) Definitions For purposes of this subsection— (A) Applicable foreign corporation The term applicable foreign corporation (i) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), and (ii) with respect to which requirements of subparagraphs (B) and (C) of subsection (b)(1) are met with respect such corporation, except that in applying such subparagraphs, the taxable year of the acquisition of stock shall be substituted for the taxable year of purchase of stock. (B) Covered surrogate foreign corporation The term covered surrogate foreign corporation (i) which is a surrogate foreign corporation (as determined under section 7874(a)(2)(B) by substituting September 20, 2021 March 4, 2003 (ii) with respect to which requirements of subparagraphs (B) and (C) of subsection (b)(1) are met with respect to the taxable year of the repurchase of stock of such corporation. (C) Expatriated entity The term expatriated entity (e) Exceptions Subsection (a) shall not apply— (1) to the extent that the repurchase is part of a reorganization (within the meaning of section 368(a)) and no gain or loss is recognized on such repurchase by the shareholder under chapter 1 by reason of such reorganization, (2) in any case in which the stock repurchased is, or an amount of stock equal to the value of the stock repurchased is, contributed to an employer-sponsored retirement plan, employee stock ownership plan, or similar plan, (3) in any case in which the total value of the stock repurchased during the taxable year does not exceed $1,000,000, (4) to repurchases by a regulated investment company (as defined in section 851) or a real estate investment trust, or (5) to the extent that the repurchase is treated as a dividend for purposes of this title. (f) Regulations and guidance The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance— (1) to prevent the abuse of the exceptions provided by subsection (e), (2) to address special classes of stock and preferred stock, and (3) for the application of the rules under subsection (d). (g) Termination This section shall not apply to repurchases after December 31, 2025. . (b) Tax not deductible Paragraph (6) of section 275(a) 37, 41 (c) Clerical amendment The table of chapters for subtitle D of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following new item: Chapter 37—Repurchase of corporate stock . (d) Effective date The amendments made by this section shall apply to repurchases (within the meaning of section 4502(c) 4. Termination of LIFO inventories for certain oil and gas companies (a) In general Section 472 (h) Termination for oil and natural gas companies (1) Termination Except as provided in paragraph (2), subsection (a) shall not apply to any trade or business primarily consisting of one or more of the following: (A) The production of oil or natural gas. (B) The refining of oil or natural gas. (C) The processing of oil or natural gas. (D) The transportation of oil or natural gas. (E) The distribution of oil or natural gas. (2) Exception (A) In general Paragraph (1) shall not apply to any trade or business of a person for any taxable year if the average annual gross receipts of all trades or businesses of such person for the 3-taxable-year period ending with the taxable year which precedes such taxable year does not exceed $1,000,000,000. (B) Applicable rules For purposes of subparagraph (A) rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply. . (b) Change in method of accounting If any taxpayer is required by the amendments made by this section to change its method of accounting in taxable years beginning after December 31, 2022, then, for purposes of section 481 (1) such change shall be treated as initiated by the taxpayer; and (2) such change shall be treated as made with the consent of the Secretary of the Treasury. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
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Taxing Big Oil Profiteers Act
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Registered Traveler Act of 2022 This bill provides statutory authority for the Transportation Security Administration to establish and maintain the Registered Traveler Program.
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117 S4769 IS: Registered Traveler Act of 2022 U.S. Senate 2022-08-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4769 IN THE SENATE OF THE UNITED STATES August 4, 2022 Ms. Rosen Mr. Cruz Mr. Hickenlooper Mr. Scott of Florida Ms. Sinema Mr. Moran Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to authorize and modernize the registered traveler program of the Transportation Security Administration, and for other purposes. 1. Short title This Act may be cited as the Registered Traveler Act of 2022 2. Registered traveler program (a) In general Subchapter I of chapter 449 section 44920 44920a. Registered Traveler Program (a) In general The Administrator of the Transportation Security Administration— (1) shall establish and maintain the Registered Traveler Program; and (2) may issue rules consistent with security requirements established under the Registered Traveler Program airport security plan amendment issued by the Administration to airports and airlines to carry out this section. (b) Reimbursement (1) In general The Administrator may accept reimbursement from a private entity operating under the Registered Traveler Program for actual expenses incurred by the Administration for staffing, equipment, and any other resources that are in addition to the staffing, equipment, and other resources that are necessary to carry out this section. (2) Treatment of reimbursements The Administrator shall deposit any reimbursement accepted under subparagraph (A) to the account providing appropriations to the Administration. (c) Rules of construction Nothing in this section may be construed to diminish the authority of the Administrator under this title to establish and enforce regulations for transportation security. . (b) Clerical amendment The chapter analysis for chapter 449 44920a. Registered Traveler Program. .
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Registered Traveler Act of 2022
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Hospitality and Commerce Job Recovery Act of 2021 This bill extends existing and establishes new tax credits that assist the hospitality and restaurant industry. Specifically, it allows a conventionand trade show restart tax credit; extends the employee retention tax credit through 2021; suspends for taxable years 2021 through 2022, the limitation on entertainment expenses related to a trade or business, allows a restaurant and dining restart credit for businesses closed or forced to reduce services due to COVID-19 (i.e., coronavirus disease 2019); allows a 50% tax credit for travel expenditures; and allows a tax credit for unmerchantable inventory for the period between December 31, 2019, and before April 1, 2021.
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116 S477 IS: Hospitality and Commerce Job Recovery Act of 2021 U.S. Senate 2021-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 477 IN THE SENATE OF THE UNITED STATES February 25, 2021 Ms. Cortez Masto Mr. Cramer Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to create a refundable tax credit for travel expenditures, and for other purposes. 1. Short title This Act may be cited as the Hospitality and Commerce Job Recovery Act of 2021 2. Establishment of tax credit to support the convention and trade show industry (a) In general For purposes of section 38 (1) 50 percent of the qualified participation costs paid or incurred by a taxpayer during such taxable year, and (2) in the case of an eligible provider, 100 percent of the qualified restart costs paid or incurred by such provider during such taxable year. (b) Qualified participation costs For purposes of this section, the term qualified participation costs (c) Eligible provider; qualified restart costs In this section— (1) Eligible provider The term eligible provider (A) provides facilities at which a qualified event may be held, or (B) sponsors, operates, or is otherwise responsible for the administration of a qualified event. (2) Qualified restart costs The term qualified restart costs COVID–19 (A) any renovation, remediation, personal protective equipment, cleaning, or additional labor and rental costs related to preventing individuals present in such facility from contracting COVID–19, and (B) any testing of employees of the taxpayer or guests of such facility for symptoms of COVID–19. (d) Qualified event (1) In general In this section, the term qualified event (A) a convention, seminar, or similar meeting (as such terms are used in section 274 (B) a business meeting (as such term is used in such section), or (C) a trade show, which takes place after December 31, 2021. (2) Trade show For purposes of this subsection, the term trade show (e) Denial of double benefit No deduction shall be allowed under any provision of chapter 1 (f) Location requirement No credit shall be allowed under this section with respect to any qualified event unless such event is held within the United States (including any territory or possession of the United States). (g) Payroll credit for nonprofit employers (1) In general In the case of an organization which is described in section 501(c) (2) Limitations and refundability (A) Credit limited to employment taxes The credit allowed by paragraph (1) with respect to calendar quarters in any taxable year shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111 (B) Refundability of excess credit (i) In general If the amount of the credit under paragraph (1) exceeds the limitation of subparagraph (A) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of the Internal Revenue Code of 1986. (ii) Treatment of payments For purposes of section 1324 of title 31, United States Code, any amounts due to the employer under this paragraph shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (3) Applicable employment taxes For purposes of this subsection, the term applicable employment taxes (A) The taxes imposed under section 3111(a) (B) So much of the taxes imposed under section 3221(a) of such Code as are attributable to the rate in effect under section 3111(a) of such Code. (h) Regulations and guidance The Secretary of the Treasury (or the Secretary's delegate) may prescribe such regulations and other guidance as may be appropriate or necessary to carry out the purposes of this section. (i) Termination This section shall not apply to any costs paid or incurred in taxable years beginning after December 31, 2024. 3. Extension of employee retention tax credit (a) In general Section 2301(m) of the CARES Act ( Public Law 116–136 July 1, 2021 January 1, 2022 (b) Effective date The amendments made by this section shall apply to calendar quarters beginning after June 30, 2021. 4. Suspension of limitation on entertainment, etc. expenses related to trade or business (a) In general Section 274 (q) Special rules for taxable years 2021 through 2022 In the case of a taxable year beginning after December 31, 2020, and before January 1, 2023— (1) subsection (a)(1)(A) shall not apply to any expense if the taxpayer establishes that the item was directly related to, or, in the case of an item directly preceding or following a substantial and bona fide business discussion (including business meetings at a convention or otherwise), that such item was associated with, the active conduct of the taxpayer's trade or business, except that the deduction under this section with respect to any such expense shall in no event exceed the portion of such expense with respect to which the taxpayer so establishes, (2) in the case of a club, subsection (a)(1)(B) shall not apply if the taxpayer establishes that the facility was used primarily for the furtherance of the taxpayer's trade or business and that the item was directly related to the active conduct of such trade or business, (3) no deduction or credit shall be allowed for any item (not including any qualified nonpersonal use vehicle (as defined in subsection (i)) with respect to an activity which is of a type generally considered to constitute entertainment, amusement, or recreation, or with respect to a facility used in connection with such an activity, unless the taxpayer substantiates by adequate records or by sufficient evidence corroborating the taxpayer's own statement— (A) the amount of such expense or other item, (B) the time and place of the entertainment, amusement, recreation, or use of the facility or property, (C) the business purpose of the expense or other item, and (D) the business relationship to the taxpayer of the persons entertained or using the facility or property, except as the Secretary may by regulations provide in the case of an expense which does not exceed an amount prescribed pursuant to such regulations, (4) in determining the amount allowable as a deduction under this chapter for any ticket for any activity or facility described in paragraph (3), the amount taken into account shall not exceed the face value of such ticket, except that— (A) this paragraph shall not apply to any ticket for any sports event— (i) which is organized for the primary purpose of benefiting an organization which is described in section 501(c)(3) and exempt from tax under section 501(a), (ii) all of the net proceeds of which are contributed to such organization, and (iii) which utilizes volunteers for substantially all of the work performed in carrying out such event, and (B) in the case of a skybox or other private luxury box leased for more than 1 event, the amount allowable as a deduction under this chapter with respect to such events shall not exceed the sum of the face value of non-luxury box seat tickets for the seats in such box covered by the lease (determined by treating 2 or more related leases as 1 lease), (5) the amount allowable as a deduction under this chapter for any item with respect to an activity which is of a type generally considered to constitute entertainment, amusement, or recreation, or with respect to a facility used in connection with such activity, shall not exceed 50 percent of the amount of such expense or item which would (but for this paragraph) be allowable as a deduction under this chapter, and (6) paragraph (5) shall not apply to any expense if— (A) such expense is described in paragraph (2), (3), (4), (7), (8), or (9) of subsection (e), (B) such expense is excludable from the gross income of the recipient under section 132 by reason of subsection (e) thereof (relating to de minimis fringes), or (C) such expense is covered by a package involving a ticket described in paragraph (4)(A). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2020. 5. Establishment of tax credit to support the restaurant industry (a) In general For purposes of section 38 (b) Eligible taxpayer For purposes of this section, the term eligible taxpayer (1) which owns a trade or business devoted to preparation of food and beverages for on-premises consumption or carry out (not including a trade or business which sells items other than prepared food and beverages), or (2) which owns property on which such a trade or business operates, if more than 50 percent of the square footage of such property is devoted to preparation of, and seating for on-premises consumption of, prepared meals. (c) Qualified restart costs For purposes of this section, the term qualified restart costs COVID–19 (1) any renovation, remediation, or additional labor and rental costs related to preventing individuals present at such trade or business or on such property from contracting COVID–19, and (2) any testing of employees of the eligible taxpayer or guests of such trade or business or such property for symptoms of COVID–19. For purposes of the preceding sentence, a trade or business shall be treated as having reduced services if such trade or business reduced hours of operation, number of employees or employee hours, or capacity of seating areas, closed seating areas, or took any other measures which reduced services provided or operations of the trade or business as determined by the Secretary of the Treasury. (d) Denial of double benefit No deduction shall be allowed under any provision of chapter 1 (e) Regulations and guidance The Secretary of the Treasury (or the Secretary's delegate) may prescribe such regulations and other guidance as may be appropriate or necessary to carry out the purposes of this section. (f) Termination This section shall not apply to any costs paid or incurred in taxable years beginning after December 31, 2022. 6. Credit for travel expenditures (a) In general Subpart C of part IV of subchapter A of chapter 1 36A. Credit for travel expenditures (a) Allowance of credit In the case of an individual who pays or incurs any qualified travel expenses during a taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 50 percent of such expenses. (b) Limitations (1) Dollar limitation The credit allowed under subsection (a) for any taxable year shall not exceed the sum of— (A) $1,500 ($750 in the case of a married individual filing a separate return), plus (B) $500 for each qualifying child (as defined in section 152(c)) of the individual, but not to exceed $1,500. (2) Limitation based on adjusted gross income (A) In general The amount allowable as a credit under subsection (a) (after the application of paragraph (1) and determined without regard to this paragraph) for the taxable year shall be reduced (but not below zero) by $2 for every $50 by which the taxpayer’s modified adjusted gross income for such taxable year exceeds $75,000 ($150,000 in the case of a joint return). (B) Modified adjusted gross income The term modified adjusted gross income (c) Qualified travel expense For purposes of this section— (1) In general The term qualified travel expense (2) Minimum amount Any expense (determined by treating all items on a single receipt as 1 expense) which is less than $25 shall not be taken into account under paragraph (1). (3) United States The term United States (4) Exception For purposes of paragraph (1), amounts paid with respect to a residence or other lodging owned by the individual shall not be treated as qualified travel expenses. (d) Election To carry credit to preceding year At the election of the taxpayer, any credit allowable under this section for a taxable year may be carried back (in its entirety) to the preceding taxable year and treated as a credit allowed under this subpart for such year. (e) Restrictions No credit shall be allowed to an individual under subsection (a) with respect to a qualified travel expense if— (1) the individual receives a refund or reimbursement from any person for the expense, (2) a deduction is allowed under section 162 with respect to the expense, (3) a deduction under section 151 with respect to individual is allowable to another taxpayer for such taxable year, or (4) the individual does not attach sufficient evidence of the expense, as prescribed by the Secretary, to the return of tax for such taxable year. (f) Termination This section shall not apply to any qualified travel expenses paid or incurred after December 31, 2023. . (b) Clerical amendment The table of sections for subpart C of part IV of subchapter A of chapter 1 (c) Conforming amendment Section 6211(b)(4)(A) , 36A 36 (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2020. 7. Establishment of temporary tax credit for unmerchantable inventory (a) In general For purposes of section 38 (b) Eligible taxpayer For purposes of this section, the term eligible taxpayer (1) on March 13, 2020, was engaged in an active trade or business of selling food or beverage inventory as a manufacturer, importer, wholesale distributor, or retailer, and (2) with respect to such trade or business— (A) on or after March 13, 2020, held qualified unmerchantable inventory, or (B) incurred costs described in subsection (c)(1)(A)(i). (c) Qualified unmerchantable inventory costs (1) In general For purposes of this section, the qualified unmerchantable inventory costs incurred by an eligible taxpayer during any taxable year shall be equal to— (A) an amount equal to the sum of— (i) any costs described in section 263A(a)(2) (ii) any costs relating to disposal or destruction of any qualified unmerchantable inventory during such taxable year, and (iii) any amount paid or credited by such eligible taxpayer during such taxable year to any other person for purposes of apportioning or sharing costs relating to products which, in the hands of such eligible taxpayer, would be deemed to be qualified unmerchantable inventory, minus (B) an amount equal to the sum of— (i) any amount received by such eligible taxpayer during such taxable year from any other person for purposes of apportioning or sharing costs with respect to qualified unmerchantable inventory, (ii) any amounts compensated by insurance for any loss sustained by such eligible taxpayer during such taxable year with respect to qualified unmerchantable inventory, and (iii) any amounts received under the Coronavirus Food Assistance Program under part 9 of title 7, Code of Federal Regulations (or successor regulations). (2) Direct costs for manufacturers In the case of a manufacturer, the costs described in paragraph (1)(A)(i) shall include any transportation costs which would not otherwise have been capitalized pursuant to section 263A (d) Qualified unmerchantable inventory (1) In general For purposes of this section, the term qualified unmerchantable inventory (A) was manufactured or acquired by the eligible taxpayer, and (B) became unmerchantable during the period beginning on March 13, 2020, and ending on September 30, 2020. (2) Unmerchantable For purposes of this subsection, the term unmerchantable (A) spoilage, (B) expiration pursuant to the manufacturer code date or applicable industry freshness standards, or (C) a change or limitation in market conditions resulting in the lack of a customary and reasonable market for such products. (e) Election To have credit not apply (1) In general A taxpayer may elect to have this section not apply for any taxable year. (2) Time for making election An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). (3) Manner of making election An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary of the Treasury, or the Secretary's delegate, may by regulations prescribe. (f) Denial of double benefit No deduction shall be allowed under any provision of chapter 1
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Hospitality and Commerce Job Recovery Act of 2021
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No Taxpayer Funds for Illegal Alien Abortions Act This bill prohibits the Department of Health and Human Services or U.S. Immigration and Customs Enforcement from using federal funds to (1) pay for an abortion except if the life of the mother is endangered or the pregnancy was a result of rape or incest, or (2) require any person to perform or facilitate any abortion.
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117 S4770 IS: No Taxpayer Funds for Illegal Alien Abortions Act U.S. Senate 2022-08-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4770 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Marshall Mrs. Blackburn Mr. Braun Mr. Daines Mrs. Hyde-Smith Mr. Inhofe Mr. Lankford Mr. Lee Mr. Wicker Mr. Scott of Florida Committee on the Judiciary A BILL To prohibit any employee or contractor of U.S. Immigration and Customs Enforcement or the Department of Health and Human Services from transporting any alien across State lines for the purpose of procuring an abortion for such alien. 1. Short title This Act may be cited as the No Taxpayer Funds for Illegal Alien Abortions Act 2. Restriction on the transportation of aliens Notwithstanding any other provision of law, an employee or contractor of U.S. Immigration and Customs Enforcement or the Department of Health and Human Services, acting within the scope of the individual's employment or contract, may not transport, or arrange for the transportation of, any alien who is unlawfully present in the United States across any State line for the purpose of procuring an abortion for such alien. 3. Limitations on the use of Federal funds for abortions No funds authorized or appropriated by Federal law for U.S. Immigration and Customs Enforcement or for the Department of Health and Human Services may be used or made available— (1) to pay for an abortion, except in instances in which— (A) the life of the mother would be endangered if the fetus were carried to term; or (B) the pregnancy was the result of rape or incest; or (2) to require any person to perform, or to facilitate in any way the performance of, any abortion.
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No Taxpayer Funds for Illegal Alien Abortions Act
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Tribal Energy Investment Act of 2022 This bill authorizes the Department of Energy to provide direct loans to Indian tribes and tribal energy development organizations for energy development. These direct loans shall be made through the Federal Financing Bank.
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117 S4771 IS: Tribal Energy Investment Act of 2022 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4771 IN THE SENATE OF THE UNITED STATES August 4, 2022 Ms. Cortez Masto Committee on Energy and Natural Resources A BILL To amend the Energy Policy Act of 1992 to provide for direct loans to Indian tribes and tribal energy development organizations for energy development, and for other purposes. 1. Short title This Act may be cited as the Tribal Energy Investment Act of 2022 2. Direct loans (a) In general Section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) (1) in the subsection heading, by inserting direct loan and Energy (2) in paragraph (1)— (A) by striking provide loan guarantees provide— (A) loan guarantees ; (B) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; and (C) by adding at the end the following: (B) direct loans (as defined in section 502 of the Federal Credit Reform Act of 1990 2 U.S.C. 661a ; (3) in paragraph (2), by inserting or a direct loan loan guarantee (4) by striking paragraph (4) and inserting the following: (4) Aggregate outstanding amount The sum of the aggregate outstanding amount guaranteed and the aggregate outstanding amount of direct loans provided under paragraph (1) at any time shall not exceed $2,000,000,000. ; and (5) by adding at the end the following: (8) Federal Financing Bank A direct loan provided under this subsection shall be made through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest of the loan. . (b) Previous funding Amounts appropriated or otherwise made available for the cost of loan guarantees made pursuant to section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) 3. Report on certain Department of Energy loan guarantees (a) In general Section 1702(q) of the Energy Policy Act of 2005 ( 42 U.S.C. 16512(q) (1) in the matter preceding paragraph (1), by striking 3 2 (2) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (3) by inserting after paragraph (7) the following: (8) the amount available to the Secretary to make guarantees under this title; . (b) Technical amendment Section 1702 of the Energy Policy Act of 2005 ( 42 U.S.C. 16512
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Tribal Energy Investment Act of 2022
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Border Patrol Enhancement Act This bill addresses various issues related to U.S. Border Patrol staffing. For example, the bill (1) establishes the Border Patrol Reserve; (2) establishes for the U.S. Border Patrol an authorized personnel level of 20,500 agents, which may be adjusted by the Department of Homeland Security; (3) requires the U.S. Border Patrol to complete a personnel requirements determination model; and (4) provides for higher minimum pay rates for agents.
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117 S4775 IS: Border Patrol Enhancement Act U.S. Senate 2022-08-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4775 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Portman Ms. Sinema Mr. Kelly Mr. Lankford Committee on Homeland Security and Governmental Affairs A BILL To establish and authorize funding for a Border Patrol Reserve, and for other purposes. 1. Short title This Act may be cited as the Border Patrol Enhancement Act 2. Border Patrol Reserve (a) Establishment There is established within the United States Border Patrol, the Border Patrol Reserve, which shall be organized, administered, trained, and supplied under the direction of the Commissioner of U.S. Customs and Border Protection (referred to in this Act as the Commissioner (b) Purpose The purpose of the Border Patrol Reserve is to augment and support the mission of the United States Border Patrol. (c) Authorized size (1) In general Subject to paragraph (2), the Secretary of Homeland Security shall— (A) prescribe the initial authorized size of the Border Patrol Reserve; and (B) not less frequently than annually, review and adjust, if necessary, the authorized size of the Border Patrol Reserve. (2) Limitation The number of Border Patrol Reserve agents may not exceed 2,500 at any time. (3) Resources The Commissioner shall make available to the United States Border Patrol such services, facilities, and appropriations that may be necessary to activate and effectuate the purposes of the Border Patrol Reserve. (d) Qualifications Each Border Patrol Reserve agent— (1) shall have previously served as a full-time United States Border Patrol agent for at least 5 years; (2) may not have been subject to any disciplinary actions described in section 7512 of title 5, United States Code, during their tenure with the United States Border Patrol; (3) shall be serving as— (A) a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code); or (B) a law enforcement officer (as defined in section 2503 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10533 (4) shall be subject to the mandatory separation requirements under section 8335(b) or 8425(b) of title 5, United States Code; and (5) shall meet any other qualifications established by the Commissioner. (e) Powers; duties; compensation (1) In general The Commissioner shall— (A) specify the law enforcement powers and duties that will be given to Border Patrol Reserve agents, which powers and duties shall only be effective while such agents are on activated status; (B) confer upon such agents the same grades as provided for other Border Patrol agents, to the extent warranted based on their respective qualifications and experience; and (C) provide such agents with the pay and allowances associated with their rank, grade, or rating while they are in active duty with the basic border patrol rate of pay, as adjusted under this Act, including matching funds under the Thrift Savings Plan for pay received during such duty. (2) Exception Notwithstanding paragraph (1)(C), Border Patrol Reserve agents may not be required to work the minimum number of hours or days set forth in section 5550(b)(4) of title 5, United States Code. (3) Compensation from employer Any Border Patrol Reserve agent who, immediately before beginning duty as a Border Patrol Reserve agent, was receiving compensation as a law enforcement officer (as defined in section 2503 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10533 (4) Effect on creditable service (A) In general Any Border Patrol Reserve agent who is not described in subparagraph (B) or (C) shall receive creditable service under the Federal Employees Retirement System upon the commencement of active duty. (B) Federal law enforcement agent Any Border Patrol Reserve agent who, immediately before such duty, was serving as a Federal law enforcement agent and did not resign from such position, shall not receive additional creditable service under the Federal Employees Retirement System or the Civil Service Retirement System while on such duty. (f) Effect of injury or death (1) In general Any Border Patrol Reserve agent who sustains a physical injury, contracts a disease or sickness, or dies as a result of service while performing duty under this section, or while engaged in authorized travel to or from such duty is entitled to compensation as a Federal employee in accordance with chapter 81 (2) Workers' compensation claims For the purposes of workers’ compensation claims relating to performing duty as a Border Patrol Reserve agent, such agents shall be considered employees (as defined in section 8101 of title 5, United States Code). (g) Rates of pay; travel costs The Commissioner shall— (1) provide all Border Patrol Reserve agents hourly pay at a rate equivalent to the rate paid to an employee classified at the grade level conferred by the Commissioner under subsection (e)(1)(B) for any time spent by such agents to fulfill applicable training requirements; and (2) reimburse such agents for the costs associated with travel to and from in-person training. (h) Report Not later than 1 year after the date of the enactment of this Act, and each fiscal year thereafter through fiscal year 2028, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (1) the powers, duties, and compensation of Border Patrol Reserve agents; (2) the number of Border Patrol Reserve agents who were activated during the report period, disaggregated by U.S. Border Patrol sector; (3) the compliance rate for completing the training courses required of Border Patrol Reserve agents and the training provided to Border Patrol Reserve agents during the report period; and (4) the total costs incurred during the reporting period by the Border Patrol Reserve. 3. Authorized staffing level for the United States Border Patrol (a) Definitions In this section: (1) Qualified research entity The term qualified research entity (2) Validated personnel requirements determination model The term validated personnel requirements determination model (b) In general The authorized personnel level for United States Border Patrol agents on the date of the enactment of this Act is 20,500. (c) United States Border Patrol personnel requirements determination model (1) Completion; notice Not later than 180 days after the date of the enactment of this Act, the Commissioner shall complete a personnel requirements determination model for United States Border Patrol that builds on the 5-year United States Border Patrol staffing and deployment plan referred to on page 33 of House of Representatives Report 112–91 (May 26, 2011) and submit a notice of completion to— (A) the appropriate congressional committees; (B) the Director of the Office of Personnel Management; and (C) the Comptroller General of the United States. (2) Certification Not later than 30 days after the completion of the personnel requirements determination model described in paragraph (1), the Commissioner shall submit a copy of such model and a strategy for obtaining third-party validation of such model, to— (A) the appropriate congressional committees; (B) the Office of Personnel Management; and (C) the Comptroller General of the United States. (d) Independent study of personnel requirements determination model (1) Requirement for study Not later than 90 days after the completion of the personnel requirements determination model pursuant to subsection (c)(1), the Secretary of Homeland Security shall enter into a contract with a qualified research entity to conduct a study that analyzes the validity of the model. (2) Reports (A) To secretary Not later than 1 year after the completion of the personnel requirements determination model under subsection (c)(1), the qualified research entity shall submit a report to the Secretary of Homeland Security that includes— (i) the results of the study required under paragraph (1); and (ii) any recommendations regarding the model that the qualified research entity considers to be appropriate. (B) To congress Not later than 30 days after receiving the report described in subparagraph (A), the Secretary of Homeland Security shall submit such report, along with any additional views or recommendations regarding the personnel requirements determination model, to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (e) Authority To adjust authorized personnel level Beginning on the date that is 180 days after receiving a report pursuant to subsection (d)(2) that validates the personnel requirements determination model, the Secretary of Homeland Security may adjust the authorized personnel level for the United States Border Patrol to a level that does not exceed the level recommended by the validated personnel requirements determination model. 4. Establishment of higher minimum rates of pay for United States Border Patrol agents (a) Higher minimum rate of pay Not later than January 1, 2023, the Director of the Office of Personnel Management— (1) shall, in accordance with section 5305 of title 5, United States Code— (A) increase the minimum rate of pay for United States Border Patrol agents at the grade GS–12 of the General Schedule by not less than 14 percent; and (B) increase other grades or levels, occupational groups, series, classes, or subdivisions thereof, as determined by the Secretary of Homeland Security; and (2) may make increases in all rates in the pay range for each such grade or level, in accordance with such section 5305. (b) Inapplicability The discretion granted to agency heads under section 5305(a)(2) of title 5, United States Code, shall not apply to increase in rates of pay authorized under subsection (a). 5. Continuing training (a) In general The Commissioner shall require all United States Border Patrol agents, including Border Patrol Reserve agents and other employees or contracted employees designated by the Commissioner, to participate in annual continuing training to maintain and update their understanding of— (1) Department of Homeland Security policies, procedures, and guidelines; (2) the fundamentals of law, ethics, and professional conduct; (3) applicable Federal law and regulations; (4) precedential legal rulings, including Federal Circuit Court and United States Supreme Court opinions relating to the duty of care and treatment of persons in the custody of the United States Border Patrol that the Commissioner determines are relevant to active duty agents; (5) applicable migration trends that the Commissioner determines are relevant; (6) best practices for coordinating with community stakeholders; and (7) any other information that the Commissioner determines to be relevant to active duty agents. (b) Training subjects Continuing training under this subsection shall include training regarding— (1) non-lethal use of force policies available to United States Border Patrol agents and de-escalation strategies and methods; (2) identifying, screening, and responding to vulnerable populations, such as children, persons with diminished mental capacity, victims of human trafficking, victims of gender-based violence, victims of torture or abuse, and the acutely ill; (3) trends in transnational criminal organization activities that impact border security and migration; (4) policies, strategies, and programs— (A) to protect due process, the civil, human, and privacy rights of individuals, and the private property rights of land owners; (B) to reduce the number of migrant and agent deaths; and (C) to improve the safety of agents on patrol; (5) personal resilience; (6) anti-corruption and officer ethics training; (7) current migration trends, including updated cultural and societal issues of nations that are a significant source of migrants who are— (A) arriving at a United States port of entry to seek humanitarian protection; or (B) encountered at a United States international boundary while attempting to enter without inspection; (8) the impact of border security operations on natural resources and the environment, including strategies to limit the impact of border security operations on natural resources and the environment; (9) relevant cultural, societal, racial, and religious training, including cross-cultural communication skills; (10) training authorized under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq. (11) risk management and safety training that includes agency protocols for ensuring public safety, personal safety, and the safety of persons in the custody of the Department of Homeland Security; (12) non-lethal, self-defense training; and (13) any other training that meets the requirements to maintain and update the subjects identified in subsection (a). (c) Course requirements Courses offered under this section— (1) shall be administered by the United States Border Patrol, in consultation with the Federal Law Enforcement Training Center; and (2) shall be approved in advance by the Commissioner of U.S. Customs and Border Protection to ensure that such courses satisfy the requirements for training under this section. (d) Assessment Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (e) Frequency requirements Training offered as part of continuing education under this section shall include— (1) annual courses focusing on the curriculum described in paragraphs (1) through (6) of subsection (b); and (2) biannual courses focusing on curriculum described in paragraphs (7) through (12) of subsection (b). (f) Border patrol reserve training The Commissioner shall— (1) establish such requirements as may be necessary for the training and familiarization of Border Patrol Reserve agents, which shall include— (A) medical fitness screenings and the continuing training described in this section; (B) requirements for in-person or virtual training to ensure that such agents maintain the capabilities necessary to perform their duties; and (C) firearms training and qualification, commensurate with the requirements for United States Border Patrol agents; (2) establish and require completion of a comprehensive in-person training and familiarization program for Border Patrol Reserve Agents upon activation before utilizing those Reserve agents in operational roles; and (3) take actions necessary, up to and including separation for any Border Patrol Reserve Agent who does not adhere to the requirements established by the Commissioner for training and familiarization.
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Border Patrol Enhancement Act
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ISS Extension Act of 2022 This bill extends U.S. support and use of the International Space Station through FY2030.
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117 S4779 IS: ISS Extension Act of 2022 U.S. Senate 2022-08-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4779 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Cruz Committee on Commerce, Science, and Transportation A BILL To extend the use of, and set forth priorities for, the International Space Station, and for other purposes. 1. Short title This Act may be cited as the ISS Extension Act of 2022 2. Definitions In this Act: (1) Administration The term Administration (2) Administrator The term Administrator (3) Appropriate committees of Congress Except as otherwise expressly provided, the term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (4) ISS The term ISS 3. Extension and modification relating to International Space Station (a) Policy Section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18351(a) 2024 September 30, 2030 (b) Maintenance of United States segment and assurance of continued operations Section 503(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18353(a) September 30, 2024 September 30, 2030 (c) Research capacity allocation and integration of research payloads Section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354(d) (1) in paragraph (1), in the first sentence— (A) by striking As soon as practicable 2011, The (B) by striking September 30, 2024 September 30, 2030 (2) in paragraph (2), in the third sentence, by striking September 30, 2024 September 30, 2030 (d) Maintenance of use (1) In general Section 70907 of title 51, United States Code, is amended— (A) in the section heading, by striking 2024 2030 (B) in subsection (a), by striking September 30, 2024 September 30, 2030 (C) in subsection (b)(3), by striking September 30, 2024 September 30, 2030 (2) Conforming amendment The table of sections for chapter 709 70907. Maintaining use through at least 2030. . (e) Transition plan reports Section 50111(c)(2) of title 51, United States Code is amended— (1) in the matter preceding subparagraph (A), by striking 2023 2028 (2) in subparagraph (J), by striking 2028 2030 (f) Assessments and report The Administrator shall— (1) conduct a comprehensive assessment of the viability of the ISS to operate safely and support full and productive use through 2030, including all necessary analyses to certify ISS operations through 2030; (2) not later than 180 days after the date of the enactment of this Act, submit to the Aerospace Safety Advisory Panel an assessment of— (A) the root cause of cracks and air leaks in the Russian Service Module Transfer Tunnel; (B) the certification of all United States systems and modules to operate through 2030; (C) (i) an inventory of spares or replacements for elements, systems, and equipment, including systems certified under subparagraph (B), that are currently produced, in inventory, or on order; (ii) a description of the state of the readiness of such spares and replacements; and (iii) a schedule for delivery of such spares and replacements to the ISS, including the planned transportation means for such delivery and the estimated cost and schedule for procurement of such spares and replacements and their delivery to the ISS; and (D) any other relevant data, information, or analysis relevant to the safe and productive use of the ISS through 2030; and (3) not later than 240 days after the date of the enactment of this Act, submit to the appropriate committees of Congress— (A) a report on the results of the assessment conducted under paragraph (1); and (B) a plan to address any recommendations of the Aerospace Safety Advisory Panel, consistent with section 31101(c)(2) of title 51, United States Code, with respect to such assessment. 4. Priorities for International Space Station (a) In general The Administrator shall assess International Space Station research activities and shall ensure that crew time and resources allocated to the Administration for use on the International Space Station prioritize— (1) the research of the Human Research Program, including research on and development of countermeasures relevant to reducing human health and performance risks, behavioral and psychological risks, and other astronaut safety risks related to long-duration human spaceflight; (2) risk reduction activities relevant to exploration technologies, including for the Environmental Control and Life Support System, extravehicular activity and space suits, environmental monitoring, safety, emergency response, and deep space communications; (3) the advancement of United States leadership in basic and applied space life and physical science research, consistent with the priorities of the most recent space life and physical sciences decadal survey of the National Academies of Sciences, Engineering, and Medicine; and (4) other research and development activities identified by the Administrator as essential to Moon to Mars activities. (b) Reports (1) Assessment and prioritization Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on— (A) the assessment; and (B) the steps taken to achieve the prioritization required by subsection (a). (2) Space flight participants Not later than 120 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on measures taken, with respect to space flight participants aboard the ISS, to ensure government astronaut safety, to avoid interference in ISS operations and research priorities, and to prevent undue demands on crew time and resources. (3) Annual progress reports Concurrent with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Administrator shall provide to the appropriate committees of Congress an annual accounting of the use of Administration crew time and ISS resources, including the allocation of such resources toward the priorities described in subsection (a).
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ISS Extension Act of 2022
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Higher Wages for American Workers Act of 2021 This bill increases the federal minimum wage, permanently establishes the E-Verify system and requires its use, and contains other related provisions. Specifically, the bill increases the minimum wage to $10 per hour, phased in over three years (five years for businesses with fewer than 20 employees), up from $7.25 per hour. The bill also phases in over three years an increase of the minimum wage for new employees less than 20 years old from $4.25 to $6 per hour, and increases the length of time an employee may be paid this lower minimum wage. Both minimum wages shall be adjusted for inflation every two years. All employers shall use E-Verify to electronically verify the employment eligibility of new employees, with phased-in deadlines that generally require all employers to comply within 18 months of this bill's enactment. This bill provides for various requirements related to E-Verify, including requiring employers to examine and verify certain identifying documents belonging to the employee. The bill increases civil penalties for various violations related to hiring, recruiting, and referring ineligible employees. Repeated violators may be debarred from receiving federal contracts, grants, or cooperative agreements. The bill also increases criminal fines for violators that engage in a pattern or practice of violations. If a state does not provide the Department of Homeland Security access to that state's driver's license and identity card information for E-Verify purposes, that state (and its local government entities) shall be ineligible for certain grants related to public works and economic development.
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104 S478 IS: Higher Wages for American Workers Act of 2021 U.S. Senate 2021-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 478 IN THE SENATE OF THE UNITED STATES February 25, 2021 Mr. Cotton Mr. Romney Ms. Collins Mrs. Capito Mr. Portman Committee on the Judiciary A BILL To gradually raise the Federal minimum wage, to permanently establish the E-Verify employment eligibility verification system, to mandate the use of E-Verify by all employers, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Higher Wages for American Workers Act of 2021 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purpose. Sec. 4. Minimum wage increases. Sec. 5. Establishment of permanent E-Verify program. Sec. 6. Mandatory E-Verify for all employers. Sec. 7. Penalty for failure to use E-Verify. Sec. 8. Enhanced penalties for unauthorized employment. Sec. 9. E-Verify self-check. Sec. 10. E-Verify process. Sec. 11. Good faith defense. Sec. 12. Preemption. Sec. 13. Access to information. Sec. 14. Fraud and misuse of documents. Sec. 15. Fraud prevention. Sec. 16. Protection of Social Security Administration programs. Sec. 17. Inspector General audits. Sec. 18. Recruitment, referral, and continuation of employment. Sec. 19. Definitions. 2. Findings Congress finds the following: (1) In the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 (2) The E-Verify Pilot Program has grown into a successful, necessary tool for employers across the country that want to verify their workers’ employment eligibility. (3) E-Verify is a fast, reliable, electronic system, administered by the Department of Homeland Security, that offers United States employers a tool to verify that prospective employees are legally authorized to work in the United States. (4) All Federal executive departments and legislative branch offices, employers subject to certain court orders under section 274A(e)(4) or 274B(g) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(e)(4) (5) Many other employers voluntarily use E-Verify to confirm that their workforce complies with Federal immigration laws. In December 2020, 1,102,643 employers were using E-Verify. (6) It is necessary to make E-Verify permanent and mandatory to prevent unauthorized employment, which— (A) drives illegal immigration to the United States; and (B) undermines economic opportunity for authorized workers. 3. Purposes The purposes of this Act are— (1) to gradually increase the Federal minimum wage; (2) to provide a permanent authorization for E-Verify; and (3) to require all employers to use E-Verify. 4. Minimum wage increases (a) Scheduled increases Section 6(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a) (1) by striking paragraph (1) and inserting the following: (1) except as otherwise provided in this section, not less than— (A) $8.00 per hour, beginning on the effective date under section 4(e) of the Higher Wages for American Workers Act of 2021 (B) $8.75 per hour, beginning on the date that is 1 year after such effective date; (C) $9.50 per hour, beginning on the date that is 2 years after such effective date; (D) $10.00 per hour, beginning on the date that is 3 years after such effective date; and (E) beginning on the date that is 5 years after such effective date, and every 2 years thereafter, the amount determined by the Secretary for purposes of this subsection under subsection (h); ; (2) in paragraph (3), by striking or (3) by redesignating paragraph (4) as paragraph (5); and (4) by inserting after paragraph (3) the following: (4) if such employee is employed by a business with fewer than 20 employees (including a franchise with fewer than 20 employees) and except as otherwise provided under paragraphs (2), (3), or (5), not less than— (A) $7.75 per hour, beginning on the effective date under section 4(e) of the Higher Wages for American Workers Act of 2021 (B) $8.25 per hour, beginning on the date that is 1 year after such effective date; (C) $8.75 per hour, beginning on the date that is 2 years after such effective date; (D) $9.25 per hour, beginning on the date that is 3 years after such effective date; (E) $9.75 per hour, beginning on the date that is 4 years after such effective date; and (F) beginning on the date that is 5 years after such effective date, the wage rate in effect under paragraph (1)(E); or . (b) Increases in youth minimum wage Section 6(g)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(g)(1) (1) by striking 90 180 (2) by striking less than $4.25 an hour. less than— (A) $4.75 per hour, beginning on the effective date under section 4(e) of the Higher Wages for American Workers Act of 2021 (B) $5.25 per hour, beginning on the date that is 1 year after such effective date; (C) $5.75 per hour, beginning on the date that is 2 years after such effective date; and (D) $6.00 per hour, beginning on the date that is 3 years after such effective date; and (E) beginning on the date that is 5 years after such effective date, and every 2 years thereafter, the youth minimum wage rate amount determined by the Secretary for purposes of this subsection under subsection (h). . (c) Determination based on increase in the Consumer Price Index Section 6 of the Fair Labor Standards Act of 1938, as amended by subsections (a) and (b), is further amended by adding at the end the following: (h) (1) Not later than the date that is 1 year before a new minimum wage rate under subsection (a)(1)(E) and new youth minimum wage rate under subsection (g)(1)(E) are to take effect for a 2-year period, the Secretary shall determine the minimum wage rate and youth minimum wage rate to be in effect pursuant to this subsection. The minimum wage rate or youth minimum wage rate determined pursuant to this subsection shall be— (A) not less than the amount in effect under subsection (a)(1) or subsection (g)(1), respectively, on the date of such determination; (B) increased from such amount by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) for the preceding 2 years, as calculated in accordance with paragraph (2); and (C) rounded to the nearest multiple of $0.05. (2) In making each determination under paragraph (1) and calculating the percentage increase in the Chained Consumer Price Index for All Urban Consumers under paragraph (1)(B), the Secretary shall compare the Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary before the first year for which a minimum wage or youth minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the second preceding year, the same quarter in the second preceding year, or the second preceding year, respectively. . (d) Rule of construction Nothing in the amendments made by this Act shall be construed to impact or affect the Secretary's authority to issue special certificates under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) (e) Effective date The amendments made by this section shall take effect on the later of— (1) January 1, 2022; or (2) the date that is 90 days after the national emergency declaration issued by the President under the National Emergencies Act ( 50 U.S.C. 1601 5. Establishment of permanent E-Verify (a) Establishment of permanent E-Verify Section 274A(d) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(d) (d) Establishment of permanent E-Verify (1) In general On the date of the enactment of the Higher Wages for American Workers Act of 2021 8 U.S.C. 1324a (A) responds to inquiries made by persons through a website, mobile application, or other toll-free electronic media, as determined by the Secretary, concerning— (i) an individual’s identity; and (ii) whether such individual is authorized to be employed in the United States; and (B) maintains records of— (i) the inquiries that were made; (ii) the verifications that were provided (or not provided); and (iii) the codes provided to inquirers as evidence of their compliance with their obligations under E-Verify. (2) Responses (A) Initial responses E-Verify shall provide confirmation or a tentative nonconfirmation of an individual’s identity and employment eligibility not later than 3 business days after the initial inquiry. If providing confirmation or tentative nonconfirmation, E-Verify shall provide an appropriate code indicating such confirmation or such nonconfirmation. (B) Secondary confirmation process in case of tentative nonconfirmation (i) In general In cases of tentative nonconfirmation, the Secretary shall specify, in consultation with the Commissioner of Social Security, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than 10 business days after the date on which the notice of the tentative nonconfirmation is provided by the Secretary. (ii) Extensions The Secretary, in consultation with the Commissioner— (I) may extend the deadline under clause (i) once, on a case-by-case basis, for a period of 10 business days; and (II) if such deadline is extended, shall document such extension within the verification system. (iii) Notifications The Secretary, in consultation with the Commissioner, shall immediately notify the employee and employer of any tentative nonconfirmation under clause (i), which shall include— (I) guidance to the prospective employee regarding the secondary verification process; and (II) any extension granted under clause (ii). (iv) Process The Secretary, in consultation with the Commissioner, shall— (I) create a standard process for extensions and notifications under this paragraph; and (II) make a description of such process available to the public. (v) Code When final confirmation or nonconfirmation is provided, the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation. (3) Design and operation of e-verify E-Verify shall be designed and operated— (A) to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information; (B) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received; (C) to prevent unauthorized disclosure of personal information through appropriate administrative, technical, and physical safeguards; (D) to include reasonable safeguards against unlawful discriminatory practices based on national origin or citizenship status, including— (i) the selective or unauthorized use of E-Verify to verify eligibility; or (ii) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants; (E) to maximize the prevention of identity theft use in the system; (F) to limit the subjects of verification to— (i) individuals hired, referred, or recruited, in accordance with paragraph (1) or (4) of subsection (b); (ii) employees and prospective employees, in accordance with paragraph (1), (2), (3), or (4) of subsection (b); and (iii) individuals seeking to confirm their own employment eligibility on a voluntary basis; and (G) to confirm identity and employment authorization through verification and comparison of records maintained by the Department of Homeland Security, other Federal departments, States, or outlying possessions of the United States, as determined necessary by the Secretary of Homeland Security, including— (i) records maintained by the Social Security Administration; (ii) passports, passport cards, and visa records (including photographs) maintained by the Department of State; (iii) notwithstanding section 6103 of Internal Revenue Code of 1986 or any other provision of law, Employer Identification Number records maintained by the Internal Revenue Service; (iv) State driver’s license or identity card information (including photographs) maintained by the Department of Motor Vehicles of a State or outlying possession; and (v) any other Federal records that the Secretary of Homeland Security determines to be relevant and necessary for such purpose. (4) Responsibilities of commissioner of social security (A) In general The Commissioner of Social Security, in consultation with the Secretary of Homeland Security (and any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure, electronic method within E-Verify, which, within the periods specified in subparagraphs (A) and (B) of paragraph (2), compares the name and Social Security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate)— (i) the information provided regarding each individual whose identity and employment eligibility is being confirmed; (ii) the correspondence of the name and number; and (iii) whether the individual has presented a Social Security account number that is not valid for employment. (B) Limitation on disclosures The Commissioner may not disclose or release Social Security information (other than such confirmation or nonconfirmation) under E-Verify except as provided for in this section or section 205(c)(2)(I) of the Social Security Act ( 42 U.S.C. 405(c)(2)(I) (5) Responsibilities of secretary of homeland security The Secretary of Homeland Security, in consultation with any designee of the Secretary selected to establish and administer the verification system, shall establish a reliable, secure, electronic method within E-Verify, which, within the periods specified in subparagraphs (A) and (B) of paragraph (2), compares the name and alien identification or authorization number (or any other information as determined relevant by the Secretary) which are provided in an inquiry against such information maintained or accessed by the Secretary— (A) to validate (or not validate)— (i) the information provided regarding each individual whose identity and employment eligibility is being confirmed; (ii) the correspondence of the name and number; and (iii) whether the alien is authorized to be employed in the United States; or (B) to the extent that the Secretary determines to be feasible and appropriate, to determine whether the records available to the Secretary verify the identity or status of a national of the United States. (6) Responsibilities of the Secretary of State The Secretary of State, in consultation with the Secretary of Homeland Security and any designee of the Secretary of Homeland Security selected to establish and administer the verification system, shall establish a reliable, secure method, that compares and provides, within the time periods required under paragraphs (2) and (3), a confirmation or nonconfirmation of the name and passport, passport card, or visa number provided in an inquiry against such information maintained by the Secretary of State in order to confirm (or to not confirm) the information provided regarding an individual whose identity and employment eligibility must be confirmed. (7) Updating information The Commissioner of Social Security and the Secretary of Homeland Security shall immediately, and not later than 3 business days after receiving updated information, update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in paragraph (2)(B). (8) No national identification card Nothing in this subsection, or in the Higher Wages for American Workers Act of 2021 (A) the issuance or use of national identification cards; or (B) the establishment of a national identification card. (9) Remedies (A) In general If an individual alleges that the individual would not have been dismissed from a job absent an error of the verification mechanism, the individual may seek— (i) compensation only through the mechanism of chapter 171 Federal Tort Claims Act (ii) injunctive relief to correct such error. (B) Class actions No class action may be brought under this subsection. . (b) Conforming amendments Section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (1) by amending the section heading to read as follows: E-Verify (2) in subsection (a), by striking 3 pilot programs of employment eligibility confirmation E-Verify (3) in subsection (b)— (A) in the subsection heading, by striking ; Termination (B) by striking Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2015. (c) Transition from pilot to permanent E-Verify Program (1) In general Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (2) References Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of, or pertaining to, the Department of Homeland Security, the Department of Justice, or the Social Security Administration, to the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (3) Clerical amendment The table of contents in section 1(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 (4) Effective date This subsection shall take effect on the date that is 90 days after the date of the enactment of this Act. (d) Funding (1) Transfers On the first day of each fiscal year beginning after the date of the enactment of this Act, the Secretary of the Treasury shall transfer $100,000,000 in unobligated funds from the general fund of the Treasury to the Department of Homeland Security, which shall be used to carry out E-Verify. (2) Authorization of appropriations In addition to the amounts transferred pursuant to paragraph (1), there are authorized to be appropriated $100,000,000, in fiscal year 2022, and in each successive fiscal year, to carry out E-Verify. (e) Reporting requirements (1) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees (A) the Committee on the Judiciary of the Senate (B) the Committee on Homeland Security and Governmental Affairs of the Senate (C) the Committee on the Judiciary of the House of Representatives (D) the Committee on Homeland Security of the House of Representatives (2) Permanent e-Verify initial report Not later than 180 days after the date of the enactment of this Act, the President shall submit a report to the appropriate congressional committees describing the implementation of the permanent E-Verify Program, including— (A) any significant changes made from the E-Verify Pilot Program in existence on the day before the date of the enactment of this Act; (B) any additional planned changes to streamline or improve the permanent E-Verify Program; and (C) a classified appendix, if necessary, to discuss sensitive topics, such as measures to prevent unauthorized disclosure of personal information. (3) Permanent e-Verify annual report Not later than 1 year after the submission of the report under paragraph (2), and annually thereafter, the President shall submit a report to the appropriate congressional committees, the Committee on Appropriations of the Senate Committee on Appropriations of the House of Representatives (A) statistics on use, confirmations, tentative and final nonconfirmations, and response times; and (B) information regarding the costs of the program, including an accounting of any increases in costs that occurred during the previous year. 6. Mandatory e-Verify for all employers (a) In general Any person or other entity hiring, recruiting, or referring an individual for employment in the United States shall utilize E-Verify in accordance with this section. (b) Implementation timeline (1) Hiring Except as provided in paragraphs (3) and (4), an employer shall use E-Verify whenever hiring an individual for employment in the United States beginning— (A) on the date that is 6 months after the date of the enactment of this Act if the employer has 10,000 or more employees in the United States on such date of enactment; (B) on the date that is 9 months after the date of the enactment of this Act if the employer has at least 500 employees in the United States and fewer than 10,000 employees in the United States on such date of enactment; (C) on the date that is 1 year after the date of the enactment of this Act if the employer has at least 20 employees in the United States fewer than 500 employees in the United States on such date of enactment; (D) on the date that is 18 months after the date of the enactment of this Act if the employer has at least 1 employee in the United States and fewer than 20 employees in the United States on such date of enactment; and (E) on the date that is 1 year after the date of the enactment of this Act for any new employer. (2) Recruiting and referring Except as provided in paragraph (3), the requirement under subsection (b) shall apply to a person or other entity recruiting or referring an individual for employment in the United States beginning on the date that is 1 year after the date of the enactment of this Act. (3) Agricultural labor or services Notwithstanding paragraph (1), the requirement under subsection (b) shall not apply to the verification of employment eligibility for employees performing agricultural labor or services until on or after the date that is 18 months after the date of the enactment of this Act. (4) Critical infrastructure The Secretary of Homeland Security shall authorize and direct any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating part of the critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) (5) Use of contract labor Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States after the applicable effective date under paragraphs (1) through (4) shall certify, in such contract, subcontract, or exchange, that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. (6) Transition rule Any person or other entity hiring, recruiting, or referring an individual for employment in the United States before the applicable effective date under paragraphs (1) through (4) shall be subject to any other provision of Federal law requiring the person or entity to participate in the E-Verify Pilot Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a 8 U.S.C. 1324a (c) Early compliance (1) Former e-Verify required users, including Federal contractors Notwithstanding the deadlines set forth in subsection (b)(1), beginning on the date of the enactment of this Act, the Secretary of Homeland Security shall require employers required to participate in E-Verify described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a (2) Former e-Verify voluntary users and others desiring early compliance Notwithstanding the deadlines set forth in subsection (b)(1), beginning on the date of the enactment of this Act, the Secretary of Homeland Security shall provide for the voluntary use of E-Verify by employers voluntarily electing to participate in the E-Verify program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a 7. Penalty for failure to use e-Verify If a person or entity fails to utilize E-Verify as required by law, including failing to comply with section 6(b)(5) or providing information to the system that the person or entity knows or reasonably believes to be false, such failure shall be treated as a violation of paragraph (1)(A), (1)(B), or (2) of section 274A(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a) 8. Enhanced penalties for unauthorized employment (a) In general Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a (1) in subsection (e)— (A) in paragraph (1)— (i) by striking Attorney General Secretary of Homeland Security (ii) in subparagraph (D), by striking Service Department of Homeland Security (B) in paragraph (4)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting , subject to paragraph (10), in an amount (II) in subparagraph (A)(i), by striking not less than $250 and not more than $2,000 not less than $2,500 and not more than $5,000 (III) in subparagraph (A)(ii), by striking not less than $2,000 and not more than $5,000 not less than $5,000 and not more than $10,000 (IV) in subparagraph (A)(iii), by striking not less than $3,000 and not more than $10,000 not less than $10,000 and not more than $25,000 (ii) by amending subparagraph (B) to read as follows: (B) may require the person or entity to take appropriate remedial action. ; (C) in paragraph (5)— (i) in the paragraph heading, by striking paperwork (ii) by inserting , subject to paragraphs (10) through (12), in an amount (iii) by striking $100 and not more than $1,000 $1,000 and not more than $25,000 (D) by adding at the end the following: (10) Adjustment of penalty for good faith violation The Secretary of Homeland Security or the Attorney General may waive or reduce a civil penalty under paragraph (4)(A) (with respect to a violation of paragraph (1)(A) or (2) of subsection (a) for hiring or continuation of employment or recruitment or referral by person or entity) or a civil penalty under paragraph (5) (with respect to a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity) if the violator establishes that the violator acted in good faith. (11) Mitigation The size of the business shall be taken into account when assessing the level of civil money penalty under paragraph (4). (12) Authority to debar employers for certain violations (A) In general If the Secretary of Homeland Security determines that a person or entity is a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be proposed for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. (B) Does not have contract, grant, agreement If the Secretary of Homeland Security or the Attorney General determines that a person or entity should be proposed for debarment in accordance with subparagraph (A), and such an person or entity does not hold a Federal contract, grant or cooperative agreement, the Secretary or the Attorney General shall refer the matter to the Administrator of General Services to determine— (i) whether to list the person or entity on the List of Parties Excluded from Federal Procurement; and (ii) if the person or entity is included on such list, the duration and scope of such inclusion. (C) Has contract, grant, agreement If the Secretary of Homeland Security or the Attorney General determines that a person or entity should be proposed for debarment in accordance with this subparagraph (A), and such person or entity holds a Federal contract, grant or cooperative agreement, the Secretary or the Attorney General— (i) shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government’s interest in having the person or entity proposed for debarment; and (ii) after soliciting and considering the views of all such agencies and departments, may refer the matter to any appropriate lead agency to determine— (I) whether to list the person or entity on the List of Parties Excluded from Federal Procurement; and (II) if the person or entity is included on such list, the duration and scope of such inclusion. (D) Review Any decision to debar a person or entity under this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. (13) Continued employment after final nonconfirmation If a person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated subsection (a)(1)(A). ; and (2) in subsection (f), by amending paragraph (1) to read as follows: (1) Criminal penalty Any person or entity that engages in a pattern or practice of violations of paragraph (1) or (2) of subsection (a) shall be fined not more than $30,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not more than 18 months, or both. . (b) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Continued employment after final nonconfirmation (A) In general Paragraph (13) of section 274A(e) of the Immigration and Nationality Act, as added by subsection (a)(1)(D), shall take effect on the date that is 6 months after the date of the enactment of this Act. (B) Penalty calculations The calculation of any penalties under section 274A(e)(13)(B) of the Immigration and Nationality Act, as added by subsection (a)(1)(D), shall not include any period of continuing employment before the effective date referred to in subparagraph (A). 9. E-Verify self-check (a) In general The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a secure self-verification procedure to permit an individual to verify his or her employment eligibility. (b) Elements The self-verification procedure established under subsection (a)— (1) shall be subject to appropriate safeguards to prevent misuse of the confirmation system, including requiring employees or applicants— (A) to use any self-verification feature; or (B) to provide the employer with self-verification results; and (2) shall allow individuals to contact the appropriate agency to correct or update the information contained in the confirmation system. 10. E-Verify process Section 274A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b) (b) Employment eligibility verification process (1) New hires, recruitment, and referral A person or other entity hiring, recruiting, or referring an individual for employment in the United States shall be subject to the following requirements: (A) Attestation after examination of documentation (i) Attestation During the verification period, the person or entity shall attest, by either a handwritten or electronic signature, under penalty of perjury, on a form, including electronic formats, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Higher Wages for American Workers Act of 2021 (I) (aa) obtaining from the individual the individual’s Social Security account number or United States passport number and recording the number on the form; (bb) if the individual does not attest to United States nationality under subparagraph (B), obtaining such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary of Homeland Security may specify, and recording such number on the form; (II) examining, in a manner prescribed by the Secretary— (aa) a document described in clause (ii) that relates to the individual presenting the document; or (bb) a document described in clause (iii) that relates to the individual presenting the document and a document described in clause (iv) that relates to the individual presenting the document; and (III) matching the photograph on a document described in subclause (II) that relates to the individual presenting the document with a photograph of such individual, if such photograph is available through the E-Verify Program. (ii) Documents evidencing employment authorization and establishing identity A document described in this clause is an individual’s— (I) unexpired United States passport or passport card; (II) unexpired permanent resident card that contains a photograph; (III) unexpired employment authorization card that contains a photograph; (IV) in the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I–94 or Form I–94A, or other documentation as designated by the Secretary specifying the alien’s nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation; (V) passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I–94 or Form I–94A, or other documentation as designated by the Secretary, indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; or (VI) other document designated by the Secretary of Homeland Security, if the document— (aa) contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the Secretary of Homeland Security finds, by regulation, sufficient for purposes of this clause; (bb) is evidence of authorization of employment in the United States; and (cc) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. (iii) Documents evidencing employment authorization A document described in this clause is an individual’s Social Security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States). (iv) Documents establishing identity of individual A document described in this clause is— (I) an individual’s unexpired State issued driver’s license or identification card if the license or card contains a photograph and personally identifying information, such as name, date of birth, gender, height, eye color, and home address; (II) an individual’s unexpired U.S. military identification card that contains a photograph; (III) an individual’s unexpired Native American tribal identification document that contains a photograph and was issued by a tribal entity recognized by the Bureau of Indian Affairs; or (IV) in the case of an individual who is younger than 18 years of age, a parent or legal guardian’s attestation under penalty of law as to the identity and age of the individual. (v) Authority to prohibit use of certain documents If the Secretary of Homeland Security finds, by regulation, that any document described in clause (ii), (iii), or (iv) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or place conditions on its use for purposes of this paragraph. (B) Individual attestation of employment authorization (i) In general During the verification period, the individual shall— (I) attest, by either a handwritten or electronic signature, under penalty of perjury, and on the form designated or established for purposes of subparagraph (A), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary of Homeland Security to be hired, recruited, or referred for such employment; and (II) provide his or her Social Security account number or valid United States passport number. (ii) Other identification If the individual does not attest to United States nationality under clause (i), the individual shall provide the identification or authorization number established for the alien by the Department of Homeland Security, as specified by the Secretary. (C) E-Verify redesign The Secretary is authorized to issue regulations allowing any person or other entity hiring, recruiting, or referring an individual for employment and the individual to comply with this section through an updated digital verification system that requires the submission of— (i) the information required under subparagraph (A)(i)(I); (ii) the documentation required under subparagraph (A)(i)(II); and (iii) the matching of any available photos with any photo contained in any document presented for identity or employment verification purposes. (D) System responses (i) Confirmation received If a person or other entity receives an appropriate confirmation of an individual’s identity and work eligibility under the verification system within the specified period, the person or entity shall record, on the form designated or established for purposes of subparagraph (A), an appropriate code provided by the system that indicates a final confirmation of such identity and work eligibility of the individual. (ii) Tentative nonconfirmation (I) In general If the person or other entity receives a tentative nonconfirmation of an individual’s identity or work eligibility under the verification system within the specified period, the person or entity shall— (aa) inform the individual for whom the verification is sought of such nonconfirmation; (bb) if the individual does not contest the nonconfirmation within 10 business days after receiving such tentative nonconfirmation, record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation; and (cc) if the individual does contest the nonconfirmation during such period, refer the individual secondary verification process described in subsection (d)(2)(B). (II) Duration A nonconfirmation described in subclause (I) shall remain tentative until a final confirmation or nonconfirmation is provided by the verification system not later than 10 business days after the issuance of a tentative nonconfirmation. (III) Not grounds for termination An employer may not terminate the employment of an individual because of a failure of the individual to have his or her identity and work eligibility confirmed under this section until the nonconfirmation becomes final. Nothing in this subclause may be construed to apply to a termination of employment for any reason other than because of such failure. (IV) Not grounds for rescission of offer An employer may not rescind an offer of employment to an individual because of a failure of the individual to have his or her identity and work eligibility confirmed under this section until the nonconfirmation becomes final. Nothing in this subclause may be construed to apply to a rescission of an offer of employment for any reason other than because of such failure. (iii) Final confirmation or nonconfirmation received If a final confirmation or nonconfirmation is provided by the verification system regarding an individual, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual. (iv) Extension If a person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time, the person or entity may make an inquiry in the first 5 subsequent business days in which the verification system registers that it has received all inquiries. If the verification system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry. (v) Termination upon final nonconfirmation Not later than 3 business days after receiving a final nonconfirmation regarding an individual, the person or entity shall terminate the employment of the individual (or decline to recruit or refer the individual). (E) Verification period defined (i) In general In this paragraph: (I) In the case of recruitment or referral, the term verification period (II) In the case of hiring, the term verification period (ii) Job offer may be conditional A person or other entity may offer a prospective employee an employment position that is conditioned on final verification of the identity and employment eligibility of the employee using the procedures established under this paragraph. (iii) Contact information A person or other entity, upon making an offer of employment to a prospective employee under clause (ii), shall submit to E-Verify the contact information of the prospective employee, including an email address or a telephone number, so that E-Verify can notify the prospective employee in the case of a tentative nonconfirmation. (iv) Special rule Notwithstanding clause (i)(II), if a United States citizen, a lawful permanent resident, or an alien who is authorized for employment provides evidence from the Social Security Administration that such individual has applied for a Social Security account number, the verification period shall end on the date that is 3 business days after the date on which the individual receives the Social Security account number. (2) Reverification for individuals with limited work authorization (A) In general Except as provided in subparagraphs (B) and (C), a person or entity shall use E-Verify to seek reverification of the employment eligibility of all individuals with a limited period of work authorization employed by the person or entity not later than 3 business days after the date on which the employee’s prior work authorization expires. (B) Effective date Employers shall be subject to the requirement under subparagraph (A) beginning on the date on which the employer is required to use E-Verify under section 6 of the Higher Wages for American Workers Act of 2021 (C) Reverification Paragraph (1)(C) shall apply to reverifications under this paragraph on the same basis as it applies to verifications under paragraph (1), except that employers shall use a form designated or established by the Secretary by regulation for purposes of this paragraph. (3) Previously hired individuals (A) On a mandatory basis for certain employees (i) In general Not later than the date that is 6 months after the date of the enactment of the Higher Wages for American Workers Act of 2021 8 U.S.C. 1324a (ii) Individuals described An individual described in this clause is— (I) an employee of any unit of a Federal, State, or local government; (II) an employee who requires a Federal security clearance working in a Federal, State or local government building, a military base, a nuclear energy site, a weapons site, or an airport or other facility that requires workers— (aa) to carry a Transportation Worker Identification Credential; or (bb) to have access to a Secure Identification Display Area; or (III) an employee assigned to perform work in the United States under a Federal contract, except that this subclause— (aa) is not applicable to individuals who normally perform support work, such as indirect or overhead functions, and do not perform any substantial duties applicable to the contract, or are working solely on contracts that provide Commercial Off The Shelf goods or services as set forth by the Federal Acquisition Regulatory Council, unless they are subject to verification under subclause (II); and (bb) only applies to contracts in excess of the micro-purchase threshold (as defined in section 2.101 of title 48, Code of Federal Regulations). (B) On a mandatory basis for multiple users of same social security account number An employer who is required to use E-Verify, or has elected voluntarily to use E-Verify, shall make inquiries to the system in accordance with the following: (i) The Commissioner of Social Security shall notify annually employees (at the employee address listed on the Wage and Tax Statement) who submit a Social Security account number to which more than 1 employer reports income and for which there is a pattern of unusual multiple use. The notification letter shall identify the number of employers to which income is being reported as well as sufficient information notifying the employee of the process to contact the Social Security Administration Fraud Hotline if the employee believes the employee’s identity may have been stolen. The notice may not include information protected as private, in order to avoid any recipient of the notice from being in the position to further commit or begin committing identity theft. (ii) If the person to whom the Social Security account number was issued by the Social Security Administration has been identified and confirmed by the Commissioner, and indicates that the Social Security account number was used without his or her knowledge, the Secretary and the Commissioner shall— (I) lock the Social Security account number or employment eligibility verification purposes; and (II) notify the employers of the individuals who wrongfully submitted the Social Security account number that the employee may not be work eligible. (iii) Each employer receiving notification of an incorrect Social Security account number under clause (ii) shall use E-Verify to check the work eligibility status of the applicable employee not later than 10 business days after receiving the notification. (C) On a voluntary basis (i) In general Subject to paragraph (2) and subparagraphs (A) and (B), an employer may make an inquiry through E-Verify to seek verification of the identity and employment eligibility of any individual employed by the employer. If an employer chooses voluntarily to seek verification of any individual employed by the employer, the employer shall— (I) seek verification of all individuals employed by the employer; and (II) notify E-Verify whether the individual is an existing or prospective employee. (ii) Effect of verification decision An employer’s decision not to voluntarily seek verification of its current workforce under this subparagraph may not be considered by any government agency in any proceeding, investigation, or review provided for in this Act. (D) Verification Paragraph (1)(C)(ii) shall apply to verifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall use a form designated or established by the Secretary by regulation for purposes of this paragraph. (4) Copying of documentation permitted Notwithstanding any other provision of law, the person or entity— (A) may copy a document presented by an individual under this subsection; and (B) may retain the copy for the purpose of complying with the requirements under this subsection. (5) Limitation on use of forms A form designated or established by the Secretary of Homeland Security under this subsection and any information contained in or appended to such form, may not be used for purposes other than for the enforcement or administration of this Act and any other provision of Federal or State criminal law. (6) Good faith compliance (A) In general Except as otherwise provided in this subsection, a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement. (B) Exception if failure to correct after notice Subparagraph (A) shall not apply if— (i) the failure is not de minimus; (ii) the Secretary of Homeland Security has explained to the person or entity the basis for the failure and why it is not de minimus; (iii) the person or entity has been provided a period of not less than 30 calendar days (beginning after the date of the explanation) within which to correct the failure; and (iv) the person or entity has not corrected the failure voluntarily within such period. (C) Exception for pattern or practice violators Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violating paragraph (1)(A) or (2) of subsection (a). . 11. Good faith defense Section 274A(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(3) (3) Good faith defense (A) Defense An employer (or person or entity that hires, employs, recruits, or refers, or is otherwise obligated to comply with this section) who establishes that it has complied in good faith with the requirements of subsection (b)— (i) shall not be liable to a job applicant, an employee, the Federal Government, or a State or local government, under Federal, State, or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection (d); and (ii) has established compliance with its obligations under subparagraphs (A) and (B) of paragraph (1) and subsection (b) absent a showing by the Secretary of Homeland Security, by clear and convincing evidence, that the employer had knowledge that an employee is an unauthorized alien. (B) Mitigation element For purposes of subparagraph (A)(i), if an employer proves by a preponderance of the evidence that the employer uses a reasonable, secure, and established technology to authenticate the identity of the new employee, that fact shall be taken into account for purposes of determining good faith use of the system established under subsection (d). (C) Failure to seek and obtain verification Subject to the effective dates and other deadlines applicable under subsection (b), in the case of a person or entity in the United States that hires, or continues to employ, an individual, or recruits or refers an individual for employment, the following requirements shall apply: (i) Failure to seek verification (I) In general If the person or entity has not made an inquiry, under the mechanism established under subsection (d) and in accordance with the timeframes established under subsection (b), seeking verification of the identity and work eligibility of the individual, the defense under subparagraph (A) shall not be considered to apply with respect to any employment, except as provided in subclause (II). (II) Special rule for failure of verification mechanism If such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph (A) and the verification mechanism has registered that not all inquiries were responded to during the relevant time, the person or entity can make an inquiry until the end of the first subsequent business day in which the verification mechanism registers no nonresponses and qualify for such defense. (ii) Failure to obtain verification If the person or entity has made the inquiry described in clause (i)(I), but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection (d)(2) after the time the verification inquiry was received, the defense under subparagraph (A) shall not be considered to apply with respect to any employment after the end of such time period. . 12. Preemption Section 274A(h)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(2) (2) Preemption The provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, to the extent they may relate to the hiring, continued employment, or verification for employment eligibility purposes, of unauthorized aliens. . 13. Access to information (a) Defined term In this section, the term E-Verify purposes (1) preventing identity theft, fraud, and misuse of E-Verify; and (2) administering and enforcing the provisions of this Act and section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a (b) Federal records Notwithstanding any other provision of law, including section 6103 8 U.S.C. 1324a(d)(3)(G) (c) Federal cooperation Any Federal agency or other Federal Government entity possessing records described in subsection (a) shall provide such assistance and cooperation as the Secretary of Homeland Security may request to resolve initial verification inquiries, further action required results, cases in continuance, and final nonconfirmation results relating to such records or to otherwise improve the accuracy of E-Verify. (d) State cooperation (1) Driver’s license information Notwithstanding section 2721 of title 18, United States Code, or any other law, a State department of motor vehicles may provide information described in section 274A(d)(3)(G)(iv) of the Immigration and Nationality Act, as added by section 5(a) of this Act, obtained by the department, including an individual’s photograph, to the Secretary of Homeland Security for E-Verify purposes. (2) Information sharing agreements The Secretary of Homeland Security shall maximize enrollment of States and other non-Federal Government entities possessing information described in section 274A(d)(3)(G)(iv) of the Immigration and Nationality Act in information sharing agreements that provide access to such information to the Secretary for E-Verify purposes and fully implement such agreements. (3) Conditions for federal grant funding (A) Economic development assistance grants Section 3(4) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122(4) (C) Grants conditioned on information sharing The term eligible recipient (i) a State that— (I) does not provide access to driver’s license or identity card information (including photographs) maintained by the State department of motor vehicles to the Secretary of Homeland Security for E-Verify purposes (as defined in section 13(a) of the Higher Wages for American Workers Act of 2021 (II) does not provide such assistance and cooperation as the Secretary may request to resolve initial verification inquiries, further action required results, cases in continuance, and final nonconfirmation results relating to such records; or (ii) a city, or other political subdivision of a State described in clause (i), including a special purpose unit of such State or political subdivision engaged in economic or infrastructure development activities, or a consortium of such political subdivisions. . (B) Community development block grants Section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 (n) Protections for authorized workers (1) In general Amounts appropriated to carry out this title may not be obligated or expended for any State (or any unit of general local government that is a political subdivision of such State) that— (A) does not provide access to driver’s license or identity card information (including photographs) maintained by the State department of motor vehicles to the Department of Homeland Security for E-Verify purposes (as defined in section 13(a) of the Higher Wages for American Workers Act of 2021 (B) does not provide such assistance and cooperation as the Secretary may request to resolve initial verification inquiries, further action required results, cases in continuance, and final nonconfirmation results relating to such records. (2) Returned amounts (A) State If a State receives funding under this title during any period in which the State is ineligible to receive such funding pursuant to paragraph (1), the Secretary shall— (i) direct the State to immediately return to the Secretary any such funding; and (ii) reallocate amounts returned under clause (i) for grants under this title to other States that are not ineligible for such funding. (B) Unit of general local government If a unit of general local government receives funding under this title during any period in which it is ineligible for such funding pursuant to paragraph (1)— (i) the local government shall return any such amounts to the Secretary; and (ii) the Secretary shall reallocate such amounts for grants under this title to States and other units of general local government that are not ineligible for such funding. (C) Reallocation rules In reallocating amounts pursuant to subparagraphs (A) and (B), the Secretary— (i) shall apply the relevant allocation formula under subsection (b), with all entities ineligible for funding pursuant to paragraph (1) excluded; and (ii) shall not be subject to the rules for reallocation under subsection (c). . (C) Effective date The amendments made by this paragraph shall take effect on the date that is 1 year after the date of the enactment of this Act. 14. Fraud and misuse of documents Section 1546(b) of title 18, United States Code, is amended— (1) in paragraph (1), by striking identification document, identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b) (2) in paragraph (2), by striking identification document identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b) 15. Fraud prevention (a) Blocking misused Social Security account numbers The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program in which Social Security account numbers that have been identified to be subject to unusual multiple use through E-Verify or that are otherwise suspected or determined to have been compromised by identity fraud, the Social Security account numbers of deceased individuals, or other misuse, shall be blocked from use by E-Verify unless the individual using such number is able to establish, through secure and fair additional security procedures, as determined by the Secretary of Homeland Security, that the individual is the legitimate holder of the number. (b) Allowing suspension of use of certain Social Security account numbers The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program which shall provide a reliable, secure method by which victims of identity fraud and other individuals may suspend or limit the use of their Social Security account numbers or other identifying information for purposes of E-Verify. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals. (c) Allowing parents To prevent theft of their child’s identity The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program which shall provide a reliable, secure method by which parents or legal guardians may suspend or limit the use of the Social Security account number or other identifying information of a minor under their care for the purposes of E-Verify. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals. 16. Protection of Social Security Administration programs Pursuant to an agreement with the Commissioner of Social Security, the Secretary of Homeland Security shall continue to provide funds to the Commissioner for the full costs of the responsibilities of the Commissioner under section 274A of the Immigration and Nationality Act, as amended by this Act. 17. Inspector General audits (a) In general Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Social Security Administration, in order to uncover evidence of individuals who are not authorized to work in the United States, shall complete audits of— (1) workers who dispute wages reported on their Social Security account number because they believe that their names and such numbers were fraudulently used by others to secure employment; (2) children’s Social Security account numbers that have been fraudulently used for work purposes; (3) employers whose workers present significant numbers of mismatched Social Security account numbers or names for wage reporting; (4) Social Security account numbers of deceased individuals that were fraudulently used for work purposes; and (5) Social Security account numbers of retired individuals that were potentially used fraudulently for work purposes. (b) Submission The Inspector General of the Social Security Administration shall— (1) submit the audits completed pursuant to subsection (a) to— (A) the Committee on Finance of the Senate (B) the Committee on the Judiciary of the Senate (C) the Committee on Homeland Security and Governmental Affairs of the Senate (D) the Committee on Ways and Means of the House of Representatives (E) the Committee on the Judiciary of the House of Representatives (F) the Committee on Homeland Security of the House of Representatives (2) make the information contained in such audits available to Federal law enforcement. 18. Recruitment, referral, and continuation of employment (a) Additional changes to rules for recruitment, referral, and continuation of employment Section 274A(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a) (1) in paragraph (1)(A), by striking for a fee (2) in paragraph (1), by amending subparagraph (B) to read as follows: (B) to hire, continue to employ, or to recruit or refer for employment in the United States an individual without complying with the requirements of subsection (b). ; and (3) in paragraph (2), by striking after hiring an alien for employment in accordance with paragraph (1), after complying with paragraph (1), (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 6 months after the date of the enactment of this Act to the extent such amendments relate to continuation of employment. 19. Definitions (a) In general In this Act, the terms agricultural labor or services date of hire recruit refer unauthorized alien (b) Amendments to the Immigration and Nationality Act Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a (1) in subsection (h), by striking paragraph (3); and (2) by adding at the end the following: (i) Definitions In this section: (1) Agricultural labor or services The term agricultural labor or services (A) has the meaning given such term by the Secretary of Agriculture, by regulation; and (B) includes— (i) agricultural labor (as defined in section 3121(g) (ii) agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) (iii) all activities required for the preparation, processing, or manufacturing of a product of agriculture (as defined in such section 3(f)) for further distribution; and (iv) the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state. (2) Date of hire The term date of hire (3) Recruit (A) In general Except as provided in subparagraph (B), the term recruit (B) Exceptions The term recruit (i) union hiring halls that refer union members or nonunion individuals who pay union membership dues regardless of whether they receive remuneration; and (ii) labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit that recruit, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. (4) Refer (A) In general Except as provided in subparagraph (B), the term refer (B) Exceptions The term refer (i) union hiring halls that refer union members or nonunion individuals who pay union membership dues regardless of whether they receive remuneration; and (ii) labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit, that refer, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. (5) Unauthorized alien The term unauthorized alien (A) an alien lawfully admitted for permanent residence; or (B) otherwise authorized to be employed under this Act or by the Secretary of Homeland Security. .
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Higher Wages for American Workers Act of 2021
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Border Airport Fairness Act of 2022 This bill requires the President to designate certain primary airports near the border as ports of entry and terminate the user fee requirement for customs services at these airports.
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117 S4781 IS: Border Airport Fairness Act of 2022 U.S. Senate 2022-08-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4781 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Cruz Committee on Finance A BILL To require the designation of certain airports as ports of entry. 1. Short title This Act may be cited as the Border Airport Fairness Act of 2022 2. Designation of certain airports as ports of entry (a) In general The President shall— (1) pursuant to the Act of August 1, 1914 (38 Stat. 623, chapter 223; 19 U.S.C. 2 (2) terminate the application of the user fee requirement under section 236 of the Trade and Tariff Act of 1984 ( 19 U.S.C. 58b (b) Airports described An airport described in this subsection is an airport that— (1) is a primary airport (as defined in section 47102 of title 49, United States Code); (2) is located not more than 30 miles from the northern or southern international land border of the United States; (3) is associated, through a formal, legal instrument, including a valid contract or governmental ordinance, with a land border crossing or a seaport not more than 30 miles from the airport; and (4) through such association, meets the numerical criteria considered by U.S. Customs and Border Protection for establishing a port of entry, as set forth in— (A) Treasury Decision 82–37 (47 Fed. Reg. 10137; relating to revision of customs criteria for establishing ports of entry and stations), as revised by Treasury Decisions 86–14 (51 Fed. Reg. 4559) and 87–65 (52 Fed. Reg. 16328); or (B) any successor guidance or regulation.
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Border Airport Fairness Act of 2022
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Doug Zembiec Gold Star Family Support Act of 2022 This bill requires the Office of the Under Secretary of Defense for Personnel and Readiness within the Department of Defense (DOD) to implement a pilot program on providing training to, validating, and deploying grief companions to facilitate DOD bereavement care following casualty notifications for members of the Armed Forces.
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117 S4783 IS: Doug Zembiec Gold Star Family Support Act of 2022 U.S. Senate 2022-08-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4783 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. Young Committee on Armed Services A BILL To require the Under Secretary of Defense for Personnel and Readiness to carry out a pilot program on providing training to, validating, and deploying grief companions to facilitate bereavement care. 1. Short title This Act may be cited as the Doug Zembiec Gold Star Family Support Act of 2022 2. Pilot program on grief companions following casualty notifications (a) In general Commencing not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall carry out a pilot program on providing training to, validating, and deploying grief companions to facilitate bereavement care provided by the Department of Defense following casualty notifications with respect to members of the Armed Forces. (b) Duration The Under Secretary of Defense for Personnel and Readiness shall carry out the pilot program required under subsection (a) for a period of not less than one year. (c) Authorization of appropriations There is authorized to be appropriated to the Under Secretary of Defense for Personnel and Readiness $250,000 to carry out the pilot program required under subsection (a).
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Doug Zembiec Gold Star Family Support Act of 2022
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Katahdin Woods and Waters National Monument Access Act This bill modifies the boundaries of the Katahdin Woods and Waters National Monument in Maine. The boundaries of the monument shall be the boundaries depicted on the map titled Katahdin Woods and Waters National Monument Proposed Boundary Revision and dated July 2022. The Department of the Interior may acquire, by purchase from a willing seller, donation, or exchange (1) land and interests in land within the boundary of the monument, and (2) land and interests in land for access into the monument from roads and communities adjacent to or in the vicinity of the monument. Nothing in this bill authorizes the use of eminent domain to acquire land or an interest in land. Any land added to the monument shall be managed to preserve existing hunting, fishing, and snowmobile uses. The bill allows for the gathering by hand of fiddlehead ferns in the monument for personal use and consumption by the general public.
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117 S4784 IS: Katahdin Woods and Waters National Monument Access Act U.S. Senate 2022-08-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4784 IN THE SENATE OF THE UNITED STATES August 4, 2022 Mr. King Ms. Collins Committee on Energy and Natural Resources A BILL To modify the boundary of the Katahdin Woods and Waters National Monument in the State of Maine, to improve public access to the National Monument, and for other purposes. 1. Short title This Act may be cited as the Katahdin Woods and Waters National Monument Access Act 2. Definitions In this Act: (1) Map The term map Katahdin Woods and Waters National Monument Proposed Boundary Revision (2) National Monument The term National Monument (3) Proclamation The term Proclamation 54 U.S.C. 320301 (4) Secretary The term Secretary (5) State The term State (6) Superintendent The term Superintendent 3. Boundary adjustment to, administration of, and improved access to the National Monument (a) Boundary adjustment The boundaries of the National Monument shall be the boundaries depicted on the map. (b) Administration The Secretary shall administer the National Monument (including the land added to the National Monument by this Act) in accordance with— (1) this Act; (2) the Proclamation; and (3) the laws generally applicable to units of the National Park System. (c) Acquisition of land; access (1) In general Subject to paragraph (2), the Secretary may acquire, by purchase from a willing seller, donation, or exchange— (A) land and interests in land within the boundary of the National Monument; and (B) land and interests in land for access into the National Monument from roads and communities adjacent to or in the vicinity of the National Monument. (2) Prohibition on use of eminent domain Nothing in this Act authorizes the use of eminent domain to acquire land or an interest in land. (d) Existing uses Any land added to the National Monument under subsection (c) shall be managed in a manner that preserves existing hunting, fishing, and snowmobile uses. (e) Hunting and fishing (1) Hunting The Secretary shall administer hunting within the National Monument— (A) in the same manner as hunting was administered in the National Monument on the day before the date of enactment of this Act; and (B) in accordance with— (i) this Act; (ii) the Proclamation; and (iii) the laws generally applicable to units of the National Park System. (2) Fishing The Secretary shall administer fishing within the National Monument— (A) in the same manner as fishing was administered in the National Monument on the day before the date of enactment of this Act; and (B) in accordance with— (i) this Act; (ii) the Proclamation; and (iii) the laws generally applicable to units of the National Park System. (f) Snowmobile use (1) In general The Secretary shall continue to allow the public to access and use the Interconnected Trail System snowmobile trail within the National Monument (including the land added to the National Monument by this Act, consistent with subsection (d)) consistent with the access agreement of November 29, 2007, referred to in the Proclamation— (A) on land and interests in land identified in the access agreement; and (B) on land and interests in land east of the East Branch of the Penobscot River added to the National Monument after November 29, 2007. (2) Designation through compendium The Superintendent shall provide in the annual compendium published by the Superintendent advance notice to the public of the Interconnected Trail System snowmobile trail routes within the National Monument (including the land added to the National Monument by this Act) available for use in the applicable snowmobile season. (g) Collection of fiddlehead ferns (1) In general Subject to paragraph (2), the Superintendent shall allow the gathering by hand of fiddlehead ferns (Matteuccia struthiopteris) in the National Monument for personal use and consumption by the general public. (2) Limitation If the Superintendent determines that the gathering of fiddlehead ferns under paragraph (1) may adversely affect resources of the National Monument, the Superintendent may limit the gathering of fiddlehead ferns under that paragraph in accordance with existing regulations. 4. Administrative sites and visitor facilities (a) In general To facilitate the administration of the National Monument, the Secretary may expend donated or appropriated funds to acquire or lease essential facilities for the administration of the National Monument and visitor services outside the boundaries, but within the vicinity, of the National Monument, subject to the requirement that the facilities and the use of the facilities shall be in accordance with approved plans for the National Monument. (b) Cooperative agreements The Secretary may enter into cooperative agreements with State or local governments, Tribal organizations, or private entities— (1) to carry out the authority granted under this section; and (2) to develop a cooperative information center for the National Monument.
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Katahdin Woods and Waters National Monument Access Act
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Afghan Adjustment Act This bill expands eligibility for special immigrant visas to certain Afghan nationals (and accompanying spouse and children) and addresses related issues. The Department of Homeland Security may provide such visas to Afghan nationals who provided qualifying service as a member of the Afghan Air Force or other specified entities and meet eligibility requirements, such as passing a background check. Currently, special immigrant visas for Afghan nationals are generally only available to those who were employed by or on behalf of the U.S. government in Afghanistan. Such visas shall also be available to an Afghan national who is a qualifying relative of a veteran or member of the U.S. Armed Forces. The bill also modifies procedures for providing lawful permanent resident status to certain classes of Afghan nationals, such as by (1) providing a streamlined process with specified vetting requirements for certain individuals, including those who provided support to the U.S. government in Afghanistan; and (2) preserving the eligibility of certain battered spouses whose eligibility for such status stemmed from a marriage that has terminated. Furthermore, the Department of State (1) must respond to inquiries from Members of Congress about specific applications from Afghan nationals seeking special immigrant or refugee status; and (2) establish an office in Afghanistan to perform certain tasks, such as issuing visas, if no U.S. embassies are operational in Afghanistan. The President must establish a task force to develop and implement a strategy to assist Afghan nationals who qualify for admission to the United States.
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111 S4787 IS: Afghan Adjustment Act U.S. Senate 2022-08-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4787 IN THE SENATE OF THE UNITED STATES August 7 (legislative day, August 6), 2022 Ms. Klobuchar Mr. Graham Mr. Coons Mr. Blunt Mr. Blumenthal Ms. Murkowski Committee on the Judiciary A BILL To provide support for nationals of Afghanistan who supported the United States mission in Afghanistan, adequate vetting for parolees from Afghanistan, adjustment of status for certain nationals of Afghanistan, and special immigrant status for at-risk Afghan allies and relatives of certain members of the Armed Forces, and for other purposes. 1. Short title This Act may be cited as the Afghan Adjustment Act 2. Definitions (a) In general Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given the term in the immigration laws. (b) Definitions In this Act: (1) Immigration laws The term immigration laws 8 U.S.C. 1101(a)(17) (2) Special immigrant status The term special immigrant status (A) the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 Public Law 111–8 (B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 Public Law 109–163 (3) Specified application The term specified application (A) an application for special immigrant status; (B) an application to seek admission to the United States through the United States Refugee Admission Program for an individual who has received a Priority 1 or Priority 2 referral to such program; and (C) an application for a special immigrant visa under section 7 or an amendment made by that section. (4) United States Refugee Admissions Program The term United States Refugee Admissions Program 8 U.S.C. 1101(a)(42) 3. Sense of Congress It is the sense of Congress that— (1) nationals of Afghanistan residing outside the United States who meet the requirements for admission to the United States through a specified application have aided the United States mission in Afghanistan during the past 20 years; and (2) the United States should increase support for such nationals. 4. Support for Afghan allies outside of the United States (a) Response to congressional inquiries The Secretary of State shall respond to inquiries by Members of Congress regarding a specified application submitted by, or on behalf of, a national of Afghanistan who has provided a confidentiality release. (b) Office in lieu of embassy During the period in which there is no operational United States embassy in Afghanistan, the Secretary of State shall establish and maintain an office capable of— (1) reviewing specified applications submitted by nationals of Afghanistan residing in Afghanistan; (2) issuing visas to such nationals; (3) to the greatest extent practicable, providing services to such nationals that would normally be provided by an embassy; and (4) carrying out any other function the Secretary considers necessary. 5. Interagency Task Force on Afghan Ally Strategy (a) Establishment Not later than 180 days after the date of the enactment of this Act, the President shall establish an Interagency Task Force on Afghan Ally Strategy (referred to in this section as the Task Force (1) to develop and oversee the implementation of the strategy described in subsection (d)(1)(B)(iv); and (2) to submit the report, and provide a briefing on the report, described in subsection (d). (b) Membership (1) In general The Task Force shall be comprised of— (A) the Secretary of State; (B) the Secretary of Homeland Security; (C) the Secretary of Defense; (D) the Director of the Federal Bureau of Investigation; (E) the Director of National Intelligence; and (F) any other Government official, as designated by the President. (2) Delegation A member of the Task Force may designate a representative to carry out the duties under this section. (c) Chair The Task Force shall be chaired by the Secretary of State. (d) Duties (1) Report and strategy (A) In general Not later than 180 days after the date of the enactment of this Act, the Task Force shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives a report that includes a strategy for supporting nationals of Afghanistan residing outside the United States who meet the requirements for admission to the United States through a specified application. (B) Elements The report required by subparagraph (A) shall include the following: (i) Estimates of— (I) (aa) the total number of nationals of Afghanistan residing in Afghanistan who have submitted specified applications that are pending and, as of the date on which the report is submitted, have not been adjudicated; and (bb) the number of such nationals, disaggregated by type of specified application described in subparagraphs (A), (B), and (C) of section 2(b)(3); and (II) (aa) the total number of nationals of Afghanistan residing in Afghanistan who meet the requirements for admission to the United States through specified applications; and (bb) the number of such nationals, disaggregated by type of specified application described in subparagraphs (A), (B), and (C) of section 2(b)(3). (ii) A description of the steps the Secretary of State has taken and is taking to facilitate the relocation and resettlement of nationals of Afghanistan who— (I) supported the United States mission in Afghanistan; and (II) remain in Afghanistan or in third countries. (iii) An identification of all considerations, including resource constraints, that limit the ability of the Secretary of State to facilitate such relocations and resettlements. (iv) A strategy and detailed plan that— (I) sets forth the manner in which members of the Task Force will address such considerations in order to facilitate such relocations and resettlements over different periods of time (including 1-year, 5-year, and 10-year periods) and an analysis of the expected number of nationals of Afghanistan who would be relocated or resettled through such strategy; and (II) addresses the constraints and opportunities for expanding support for such relocations and resettlements, including— (aa) the availability of remote processing for individuals residing in Afghanistan; (bb) the availability and capacity of mechanisms for individuals to be relocated from Afghanistan, including air charter or land passage; (cc) the availability and capacity of sites in third countries to process applications and conduct any required vetting, including identifying and establishing additional sites; (dd) resource, personnel, and equipment requirements to increase the capacity to better support such nationals of Afghanistan and reduce application processing times; (ee) the provision of updates and necessary information to affected individuals and relevant nongovernmental organizations; and (ff) any other matter the Task Force considers relevant to the implementation of the strategy. (v) Recommendations for how Congress can expand the number of nationals of Afghanistan who can be relocated or resettled over such periods of time by providing additional authorities or resources. (C) Form The report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. (2) Briefing Not later than 60 days after submitting the report required by paragraph (1), the Task Force shall brief the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives on the contents of such report. (e) Termination The Task Force shall remain in effect until the earlier of— (1) the date on which the strategy required by subsection (d)(1) has been fully implemented; or (2) the date that is 10 years after the date of the enactment of this Act. 6. Adjustment of status for eligible Afghan nationals (a) Definition of eligible Afghan national In this section, the term eligible Afghan national (1) an alien— (A) (i) who is a citizen or national of Afghanistan; or (ii) in the case of an alien having no nationality, whose former or last habitual residence was in Afghanistan; and (B) (i) who was inspected and admitted to the United States on or before the date of the enactment of this Act; (ii) who was paroled into the United States during the period beginning on July 30, 2021, and ending on the date of the enactment of this Act, provided that such parole has not been terminated by the Secretary of Homeland Security; (iii) whose travel to the United States was facilitated by, or coordinated with, the United States Government; or (iv) who arrived in the United States after the date of the enactment of this Act, provided that the Secretary of Homeland Security, in cooperation with other Federal agency partners, determines that the alien supported the United States mission in Afghanistan; (2) an alien who is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (3) an alien who is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (b) Streamlined adjustment process for eligible Afghan nationals who supported the United States mission in afghanistan (1) In general Notwithstanding any other provision of law, the Secretary of Homeland Security shall adjust the status of an eligible Afghan national to the status of an alien lawfully admitted for permanent residence if— (A) the eligible Afghan national— (i) has— (I) received Chief of Mission approval as part of their application for special immigrant status; (II) received a Priority 1 or Priority 2 referral to the United States Refugee Admissions Program; or (III) a pending application for special immigrant status that was submitted on or before July 31, 2018; (ii) submits an application for adjustment of status in accordance with procedures established by the Secretary of Homeland Security; (iii) subject to paragraph (2), is otherwise admissible to the United States as an immigrant, except that the grounds of inadmissibility under paragraphs (4), (5), and (7)(A) of section 212(a) the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (iv) has complied with the vetting requirements under subsection (d)(1) to the satisfaction of the Secretary of Homeland Security; and (B) the Secretary of Homeland Security determines that the adjustment of status of the eligible Afghan national is not contrary to the national welfare, safety, or security of the United States. (2) Applicability of refugee admissibility requirements The provisions relating to admissibility for a refugee seeking adjustment of status under section 209(c) of the Immigration and Nationality Act ( 8 U.S.C. 1159(c) (c) Adjustment process for other eligible Afghan nationals (1) In general Notwithstanding any other provision of law, the Secretary of Homeland Security shall adjust the status of an eligible Afghan national who does not meet the requirements set forth in subsection (b)(1)(A)(i) to the status of an alien lawfully admitted for permanent residence if— (A) the eligible Afghan national— (i) has been physically present in the United States for a period not less than 2 years; (ii) submits an application for adjustment of status in accordance with procedures established by the Secretary of Homeland Security; (iii) subject to paragraph (2), is otherwise admissible to the United States as an immigrant, except that the grounds of inadmissibility under paragraphs (4), (5), and (7)(A) of section 212(a) the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (iv) has complied with the vetting requirements under paragraphs (1) and (2) of subsection (d) to the satisfaction of the Secretary of Homeland Security; and (B) the Secretary of Homeland Security determines that the adjustment of status of the eligible Afghan national is not contrary to the national welfare, safety, or security of the United States. (2) Waiver (A) In general With respect to an applicant for adjustment of status under this subsection, subject to subparagraph (B), the Secretary of Homeland Security may waive any applicable ground of inadmissibility under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (B) Limitations The Secretary of Homeland Security may not waive under this paragraph any applicable ground of inadmissibility under section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) (i) on or after July 30, 2021; (ii) within the United States; and (iii) by an applicant for adjustment of status under this subsection. (C) Rule of construction Nothing in this paragraph may be construed to limit any other waiver authority. (3) Rule of construction Nothing in this subsection may be construed to require the Secretary of Homeland Security to complete the vetting process with respect to an applicant for adjustment of status under this subsection within the 2-year period described in paragraph (1)(A)(i). (d) Interview and vetting requirements (1) Vetting requirements for all applicants The Secretary of Homeland Security shall establish vetting requirements for applicants seeking adjustment of status under this section that are equivalent to the vetting requirements for refugees admitted to the United States through the United States Refugee Admissions Program, including an interview. (2) Additional vetting requirements for other eligible Afghan nationals The Secretary of Homeland Security, in consultation with the Secretary of Defense, shall maintain records that contain, for each applicant under subsection (c) for the duration of the pendency of their application for adjustment of status— (A) personal biographic information, including name and date of birth; (B) biometric information; (C) any criminal conviction occurring after the date on which the applicant entered the United States; and (D) the history of the United States Government vetting to which the applicant has submitted, including whether the individual has undergone in-person vetting. (3) Rule of construction Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security to maintain records under any other law. (e) Protection for battered spouses (1) In general An alien whose marriage to an eligible Afghan national described in paragraph (1) of subsection (a) has been terminated shall be eligible for adjustment of status under this section as an alien described in paragraph (2) of that subsection for not more than 2 years after the date on which such marriage is terminated if there is a demonstrated connection between the termination of the marriage and battering or extreme cruelty perpetrated by the principal applicant. (2) Applicability of other law In reviewing an application for adjustment of status under this section with respect to spouses and children who have been battered or subjected to extreme cruelty, the Secretary of Homeland Security shall apply section 204(a)(1)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(J) 8 U.S.C. 1367 (f) Date of approval Upon the approval of an application for adjustment of status under this section, the Secretary of Homeland Security shall create a record of the alien’s admission as a lawful permanent resident as of the date on which the alien was inspected and admitted or paroled into the United States. (g) Prohibition on further authorization of parole (1) In general Except as provided in paragraph (2), an individual who is a national of Afghanistan shall not be authorized for an additional period of parole if such individual— (A) is eligible to apply for adjustment of status under this section; and (B) fails to submit an application for adjustment of status by the later of— (i) the date that is 1 year after the date on which final guidance described in subsection (h)(2) is published; or (ii) the date that is 1 year after the date on which such individual becomes eligible to apply for adjustment of status under this section. (2) Exception An individual described in paragraph (1)(A) may be authorized for an additional period of parole if such individual— (A) within the period described in paragraph (1)(B), seeks an extension to file an application for adjustment of status under this section; or (B) has previously submitted to a vetting equivalent of the vetting required under subsection (d). (3) Deadline for application Except as provided in paragraph (2), a national of Afghanistan who does not submit an application for adjustment of status within the timeline provided in paragraph (1)(B) may not later adjust status under this section. (h) Implementation (1) Interim guidance (A) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall issue guidance implementing this section. (B) Publication Notwithstanding section 553 of title 5, United States Code, such guidance— (i) may be published on the internet website of the Department of Homeland Security; and (ii) shall be effective on an interim basis immediately upon such publication but may be subject to change and revision after notice and an opportunity for public comment. (2) Final guidance Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall finalize guidance implementing this section. (i) Administrative review The Secretary of Homeland Security shall provide applicants for adjustment of status under this section with the same right to, and procedures for, administrative review as are provided to applicants for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (j) Prohibition on fees The Secretary of Homeland Security may not charge a fee to any eligible Afghan national in connection with— (1) an application for adjustment of status or employment authorization under this section; or (2) the issuance of a permanent resident card or an employment authorization document. (k) Pending applications During the period beginning on the date on which an alien files a bona fide application for adjustment of status under this section and ending on the date on which the Secretary of Homeland Security makes a final administrative decision regarding such application, any alien and any dependent included in such application who remains in compliance with all application requirements may not be— (1) removed from the United States unless the Secretary of Homeland Security makes a prima facie determination that the alien is, or has become, ineligible for adjustment of status under this section; (2) considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) (3) considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) (l) VAWA self petitioners Section 101(a)(51) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(51) (1) in subparagraph (F), by striking or (2) in subparagraph (G), by striking the period at the end and inserting ; or (3) by adding at the end the following: (H) subsections (b) and (c) of section 6 of the Afghan Adjustment Act . (m) Exemption from numerical limitations Aliens granted adjustment of status under this section shall not be subject to the numerical limitations under sections 201, 202, and 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 (n) Rule of construction Nothing in this section may be construed to preclude an eligible Afghan national from applying for or receiving any immigration benefit to which the eligible Afghan national is otherwise entitled. 7. Special immigrant status for at-risk Afghan allies and relatives of certain members of the Armed Forces (a) At-Risk Afghan allies (1) In general Subject to paragraph (4)(C), the Secretary of Homeland Security may provide an alien described in paragraph (2) (and the spouse, children of the alien if accompanying or following to join the alien) with the status of special immigrant under section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) (A) or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act ( 8 U.S.C. 1153(b)(4) (B) is otherwise admissible to the United States and eligible for lawful permanent residence (excluding the grounds of inadmissibility under section 212(a)(4) of such Act ( 8 U.S.C. 1182(a)(4) (C) clears a background check and appropriate screening, as determined by the Secretary of Homeland Security; and (D) the Secretary of Homeland Security determines that the adjustment of status of the alien is not contrary to the national welfare, safety, or security of the United States. (2) Alien described An alien described in this paragraph is an alien who— (A) is a citizen or national of Afghanistan; (B) was a member of— (i) the Afghanistan National Army Special Operations Command; (ii) the Afghan Air Force; (iii) the Special Mission Wing of Afghanistan; or (iv) the Female Tactical Teams of Afghanistan; and (C) provided faithful and valuable service to an entity or organization described in subparagraph (B) for not less than 1 year. (3) Department of Defense assessment (A) In general Not later than 30 days after receiving a request for an assessment from the Secretary of Homeland Security, the Secretary of Defense shall— (i) review the service record of the principal applicant; (ii) submit an assessment to the Secretary of Homeland Security as to whether— (I) the principal applicant meets the requirements under paragraph (2); and (II) the adjustment of status of such alien, and the spouse, children, and parents of such alien, if accompanying or following to join the alien, is not contrary to the national welfare, safety, or security of the United States; and (iii) submit with such assessment— (I) any service record concerned; and (II) any biometrics for the principal applicant that have been collected by the Department of Defense. (B) Effect of assessment A favorable assessment under subparagraph (A)(ii) shall create a presumption that— (i) the principal applicant meets the requirements under paragraph (2); and (ii) the admission of such alien, and the spouse, children, and parents of the alien, if accompanying or following to join the alien, is not contrary to the national welfare, safety, or security of the United States. (C) Efficient processing For purposes of a background check and appropriate screening required to be granted special immigrant status under this subsection, the Secretary of Homeland Security, as appropriate, shall use biometric data collected by the Secretary of Defense or the Secretary of State not more than 5 years before the date on which an application for such status is filed. (b) Special immigrant status for certain relatives of certain members of the armed forces Section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) (1) in subparagraph (L)(iii), by adding a semicolon at the end; (2) in subparagraph (M), by striking the period at the end and inserting ; and (3) by adding at the end the following: (N) a citizen or national of Afghanistan who is the spouse, child, or unmarried son or daughter of— (i) a member of the armed forces (as defined in section 101(a) of title 10, United States Code); or (ii) a veteran (as defined in section 101 of title 38, United States Code). . (c) General provisions (1) Prohibition on fees The Secretary of Homeland Security, the Secretary of Defense, or the Secretary of State may not charge any fee in connection with an application for, or issuance of, a special immigrant visa under this section or an amendment made by this section. (2) Representation An alien applying for admission to the United States under this section, or an amendment made by this section, may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government. (3) Exclusion from numerical limitations Aliens provided special immigrant visas under this section, or an amendment made by this section, shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) Public Law 111–8 8 U.S.C. 1101 (4) Assistance with passport issuance The Secretary of State shall make a reasonable effort to ensure that an alien who is issued a special immigrant visa under this section, or an amendment made by this section, is provided with the appropriate series Afghan passport necessary to enter the United States. (5) Protection of aliens The Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall make a reasonable effort to provide an alien who is seeking special immigrant status under this section, or an amendment made by this section, protection or to immediately remove such alien from Afghanistan, if possible. (6) Other eligibility for immigrant status No alien shall be denied the opportunity to apply for admission under this section, or an amendment made by this section, solely because the alien qualifies as an immediate relative or is eligible for any other immigrant classification. (7) Resettlement support A citizen or national of Afghanistan who is granted special immigrant status described in section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) 8 U.S.C. 1157 (8) Adjustment of status Notwithstanding paragraph (2), (7), or (8) of subsection (c) of section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 8 U.S.C. 1101(a)(27) (A) was paroled or admitted as a nonimmigrant into the United States; and (B) is otherwise eligible for special immigrant status under— (i) this section; or (ii) the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (9) Appeals (A) Administrative review Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide to aliens who have applied for special immigrant status under this section a process by which an applicant may seek administrative appellate review of a denial of an applicant for special immigrant status or a revocation of such status. (B) Judicial review Except as provided in subparagraph (C), and notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for special immigrant status or a revocation of such status under this Act, in an appropriate United States district court. (C) Stay of removal (i) In general Except as provided in clause (ii), an alien seeking administrative or judicial review under this Act may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for special immigrant status under this section. (ii) Exception The Secretary may remove an alien described in clause (i) pending judicial review if such removal is based on national security concerns. Such removal shall not affect the alien’s right to judicial review under this Act. The Secretary shall promptly return a removed alien if a decision to deny an application for special immigrant status under this Act, or to revoke such status, is reversed. 8. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the remaining provisions of this Act, to any person or circumstance, shall not be affected.
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Afghan Adjustment Act
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Go Pack Go Act of 2022 This bill requires a cable operator or satellite carrier to provide their subscribers in specified Wisconsin counties (i.e., Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn) the choice of retransmission of (1) the signal of any local network station that the operator or carrier is required to retransmit to the subscriber; (2) an in-state, adjacent-market network station; or (3) both. This will allow residents of such Wisconsin counties currently assigned to an out-of-state Minnesota television market to access programming in Wisconsin.
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117 S4788 IS: Go Pack Go Act of 2022 U.S. Senate 2022-09-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4788 IN THE SENATE OF THE UNITED STATES September 6, 2022 Ms. Baldwin Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. 1. Short title This Act may be cited as the Go Pack Go Act of 2022 2. Carriage of network station signals in certain counties (a) In general Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. 345. Carriage of network station signals in certain counties (a) Definitions In this section— (1) the term cable operator (2) the terms covered county in-State, adjacent-market network station retransmission (3) the term local market (4) the term local network station (A) that is affiliated with the television network; and (B) within the local market in which the subscriber is located; and (5) the terms network station satellite carrier (b) Subscriber election A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber— (1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; (2) an in-State, adjacent-market network station retransmission; or (3) both retransmissions described in paragraphs (1) and (2). (c) Relationship to local signal carriage requirements If a subscriber elects to receive only an in-State, adjacent-market network station retransmission under subsection (b)— (1) the provision of that retransmission to the subscriber shall be deemed to fulfill any obligation of the cable operator or satellite carrier to provide to the subscriber the signal of a local network station under section 338, 614, or 615; and (2) in the case of a satellite carrier that has been recognized as a qualified carrier under section 119(f) of title 17, United States Code, the provision of that retransmission instead of the signal of a local network station shall not affect the status of the satellite carrier as a qualified carrier for purposes of that section and section 342 of this Act. (d) Requirement subject to technical feasibility for satellite carriers A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. (e) Treatment of in-State, adjacent-Market network station retransmissions by cable operators (1) Retransmission consent exception Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. (2) Deemed significantly viewed In the case of an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation. . (b) Treatment of in-State, adjacent-Market network station retransmissions by satellite carriers Section 339 of the Communications Act of 1934 ( 47 U.S.C. 339 (1) in subsection (a)— (A) in paragraph (1)(A), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. (B) in paragraph (2), by adding at the end the following: (I) In-State, adjacent-market network station retransmissions Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties. ; and (2) in subsection (d)— (A) by redesignating paragraphs (1) through (5) as paragraphs (3) through (7), respectively; and (B) by inserting before paragraph (3), as so redesignated, the following: (1) Covered county The term covered county (2) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission . (c) No effect on ability To receive significantly viewed signals Section 340(b)(3) of the Communications Act of 1934 ( 47 U.S.C. 340(b)(3) or to a subscriber who elects under section 345(b), with respect to the network with which the station whose signal is being retransmitted pursuant to this section is affiliated, to receive an in-State, adjacent-market network station retransmission (as defined in section 119(d) of title 17, United States Code) instead of the signal of a local network station (as defined in section 345) 3. Availability of copyright license (a) Secondary transmissions of distant television programming by satellite Section 119 of title 17, United States Code, is amended— (1) in subsection (a)(2)(B)(i), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this clause. (2) in subsection (d)— (A) in paragraph (10)— (i) in subparagraph (A), by striking ; or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ; and (B) by adding at the end the following: (17) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission (A) in the State of a subscriber; and (B) in a local market that is adjacent to the local market of the subscriber. (18) Covered county The term covered county (A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn. (B) The county is not in the local market of any television broadcast station— (i) that is affiliated with the same network; and (ii) whose community of license is located in the State of the subscriber. . (b) Secondary transmissions of local television programming by satellite Section 122(a) of title 17, United States Code, is amended— (1) in paragraph (2)(A), by inserting after under paragraph (1) (or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934) (2) in paragraph (3)(A), by inserting after under paragraph (1) (or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 345(b) of the Communications Act of 1934)
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Go Pack Go Act of 2022
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Expand Housing Opportunities Act This bill establishes new, and expands existing, grants for increasing the availability of affordable housing. Specifically, the bill sets up grant programs that support (1) construction, preservation, or rehabilitation of owner-occupied, affordable housing; and (2) implementation and administration of landlord-tenant mediation programs. Further, the bill allows states to apply for additional funding through a block grant that supports affordable housing activities that benefit low-income individuals (the HOME Investment Partnership Program) to cover certain costs associated with affordable housing incurred during the COVID-19 emergency.
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117 S4789 IS: Expand Housing Opportunities Act U.S. Senate 2022-09-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4789 IN THE SENATE OF THE UNITED STATES September 6, 2022 Ms. Hassan Committee on Banking, Housing, and Urban Affairs A BILL To establish a competitive grant program at the Department of Housing and Urban Development to support the construction, preservation, or rehabilitation of affordable workforce housing in areas with shortages of affordable housing units for sale, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Expand Housing Opportunities Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Workforce Housing Development Act Sec. 101. Short title. Sec. 102. Competitive grant program to support workforce housing units. TITLE II—State Affordable Housing Trust Fund Match Act Sec. 201. Short title. Sec. 202. State affordable housing trust fund match. TITLE III—Prevent Evictions Act Sec. 301. Short title. Sec. 302. Definitions. Sec. 303. Landlord-tenant mediation competitive grant program. I Workforce Housing Development Act 101. Short title This title may be cited as the Workforce Housing Development Act 102. Competitive grant program to support workforce housing units (a) Definitions In this section: (1) Affordable The term affordable (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Financial Services of the House of Representatives. (3) Dwelling The term dwelling (4) Eligible entity The term eligible entity (A) a State or unit of local government; (B) a nonprofit housing developer; (C) an agency or instrumentality of a State; (D) a public housing agency; (E) a community development financial institution, as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 (F) a resident-owned community; and (G) any other entity that supports housing development, as determined by the Secretary. (5) First-time homebuyer The term first-time homebuyer 42 U.S.C. 12704 (6) Nonprofit housing developer The term nonprofit housing developer (7) Program The term Program (8) Public housing agency; State The terms public housing agency State 42 U.S.C. 1437a(b) (9) Secretary The term Secretary (10) Total housing costs The term total housing costs (11) Workforce housing unit The term workforce housing unit (A) that is the primary residence of the buyer; (B) in which none of the units are rented; and (C) that is affordable to buyers with incomes of not more than 100 percent of the area median income. (b) Establishment The Secretary shall establish a competitive grant program to award grants to eligible entities to increase the supply of affordable workforce housing units. (c) Use of funds A recipient of a grant under the Program shall use grant funds for the construction, preservation, or rehabilitation of workforce housing units, which shall remain affordable for a period of not less than 5 years from the sale of the workforce housing unit. (d) Application and selection process (1) Application An eligible entity desiring a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing— (A) a description of the construction, preservation, or rehabilitation projects to be supported by the grant; and (B) any additional information as the Secretary may require. (2) Selection of grantees (A) In general The Secretary shall establish criteria to award grants under the Program on a competitive basis, which may include consideration of whether— (i) the median price of workforce housing units in the area to be served by the grant is increasing; (ii) the supply of available workforce housing units in the area to be served by the grant is decreasing; and (iii) whether employers in the area to be served by the grant are struggling to recruit employees due to the lack of affordable housing options. (B) Priority The Secretary shall prioritize awarding grants to eligible entities that demonstrate a lack of affordable workforce housing units in the area to be served by the grant. (e) Report to Congress Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on the implementation of the Program, which shall include— (1) a list of grant recipients and the amount awarded to each grant recipient; (2) a description of the projects assisted using grant funds, including the number of affordable workforce housing units created, preserved, and rehabilitated under the Program; (3) a description of the households that purchased homes assisted under the Program, including the number of first-time homebuyers; and (4) any other metrics that the Secretary determines necessary. (f) Workforce Housing Development Fund (1) In general There is established in the Treasury a fund to be known as the Workforce Housing Development Fund (2) Authorization of appropriations There is authorized to be appropriated and deposited into the fund established under paragraph (1) such sums as may be necessary for fiscal year 2023 and each fiscal year thereafter. II State Affordable Housing Trust Fund Match Act 201. Short title This title may be cited as the State Affordable Housing Trust Fund Match Act 202. State affordable housing trust fund match Section 217 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12747 (e) State affordable housing trust fund match (1) Definitions In this subsection: (A) Affordable housing needs The term affordable housing needs (B) Bonus amount The term bonus amount (C) Covered housing assistance The term covered housing assistance (i) means housing-related assistance that— (I) is provided by the Federal Government or a State or local government, or an agency or instrumentality thereof; and (II) imposes affordable housing quality or safety measures that are acceptable to the Secretary; and (ii) includes— (I) assistance provided under— (aa) the HOME Investment Partnerships Program under this title; (bb) the Federal Housing Administration’s Risk-Sharing Programs under section 542 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–22 (cc) the Community Development Block Grant Program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. (dd) the Housing Trust Fund under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 (II) tax credits provided under section 42 (III) funding derived from proceeds of bonds that are— (aa) exempt from tax under section 103 (bb) part of an issue 95 percent or more of the proceeds of which are used to provide qualified residential rental projects (as defined in section 142(d) of such Code). (D) COVID–19 emergency period The term COVID–19 emergency period 42 U.S.C. 247d (E) Eligible State (i) In general The term eligible State (ii) COVID–19 emergency If the 3-fiscal year period referred to in clause (i) would include a fiscal year occurring during the COVID–19 emergency period, a State may elect to have the Secretary apply that clause by substituting the 3 most recent fiscal years that did not coincide with the COVID–19 emergency period the 3 preceding fiscal years (F) Housing for individuals experiencing substance use disorders The term housing for individuals experiencing substance use disorders (i) housing that— (I) is designed to meet the needs of an individual experiencing a substance use disorder or a family that includes such an individual; and (II) makes available supportive services that address the physical health, mental health, behavioral health, substance use treatment, or other needs of an individual described in subclause (I), which may include such services to the family of the individual; and (ii) recovery housing, as defined in section 550 of the Public Health Service Act ( 42 U.S.C. 290ee–5 (G) Qualifying expenditure The term qualifying expenditure (i) that was obligated, through a State affordable housing trust fund, for a project that also received covered housing assistance; (ii) (I) not less than 20 percent of the beneficiaries of which are households with an income that is not more than 30 percent of the area median income; or (II) not less than 40 percent of the beneficiaries of which are households with an income that is not more than 60 percent of the area median income; (iii) that has a period of affordability of not less than 15 years; and (iv) that has not been counted for purposes of the non-Federal matching requirement under section 220. (H) Qualifying expenditure for extremely low-income households The term qualifying expenditure for extremely low-income households (I) Qualifying expenditure for low-income households The term qualifying expenditure for low-income households (J) State affordable housing trust fund The term State affordable housing trust fund (i) that— (I) provides financial assistance for a variety of affordable housing needs; and (II) receives public funding; and (ii) without regard to whether the State (or agency or instrumentality) designates the fund as a trust fund (2) Bonus amounts (A) In general Subject to subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, with respect to an eligible State that submits a complete application to the Secretary under paragraph (4), the Secretary shall increase the amount that would otherwise be allocated to the State under this section by an amount equal to the sum of the amounts calculated by the Secretary for the State under subparagraphs (A) and (B) of paragraph (3). (B) Demand exceeding available funds If the total amount of bonus amounts that would otherwise be allocated under subparagraph (A) for a fiscal year exceeds the amounts made available to carry out this subsection for that fiscal year, the Secretary shall reduce the bonus amount allocated to each State under subparagraph (A) on a pro rata basis. (3) Bonus amount formulas (A) Standard amount The amount calculated under this subparagraph for a State for a fiscal year shall be 50 percent of the average amount that the State obligated for qualifying expenditures for low-income households during each of the preceding 3 fiscal years, subject to subparagraph (D). (B) Enhanced amount The amount calculated under this subparagraph for a State for a fiscal year shall be not more than 75 percent of the average amount that the State obligated, during each of the preceding 3 fiscal years, subject to subparagraph (D), for— (i) qualifying expenditures for low-income households for projects that substantially complied with the definition of the term housing for individuals experiencing substance use disorders (ii) qualifying expenditures for extremely low-income households. (C) No double-counting of qualifying expenditures A qualifying expenditure by a State or State-designated entity counted under subparagraph (B) may not be counted under subparagraph (A). (D) COVID–19 emergency If the 3-fiscal year period referred to in subparagraphs (A) and (B) would include a fiscal year occurring during the COVID–19 emergency period, a State may elect to have the Secretary make the calculation under those subparagraphs using the 3 most recent fiscal years that did not coincide with the COVID–19 emergency period. (4) Application (A) In general An eligible State that wishes to receive a bonus amount shall submit to the Secretary an application, as part of the annual action plan required under section 91.320 of title 24, Code of Federal Regulations (or any successor regulation), in accordance with subparagraph (B). (B) Contents An application submitted under subparagraph (A) shall include, for purposes of determining the amount of the bonus amount— (i) a list of each qualifying expenditure that the State wishes to be counted for purposes of calculating the amount of the bonus amount, including the fiscal year in which the qualifying expenditure was made; (ii) a description of each project that the State has funded using a qualifying expenditure described in clause (i); (iii) whether the State wishes each qualifying expenditure described in clause (i) to be counted in calculating— (I) the standard amount under paragraph (3)(A); or (II) the enhanced amount under paragraph (3)(B); (iv) the amount of each qualifying expenditure described in clause (i); (v) an explanation of how each qualifying expenditure described in clause (i)— (I) satisfies the definition of the term qualifying expenditure (II) if applicable— (aa) funded a project that substantially complies with the definition of the term housing for individuals experiencing substance use disorders (bb) was a qualifying expenditure for extremely low-income households; and (vi) a timeline for completion of each project described in clause (ii). (C) Tracking of funds The Secretary shall, for each State that wishes to receive a bonus amount— (i) require the State to develop and maintain a system to— (I) track obligated funds from a State affordable housing trust fund; and (II) ensure that each obligation described in subclause (I) that the State claims as a qualifying expenditure under subparagraph (B)(i) constitutes a qualifying expenditure; and (ii) establish minimum requirements for agreements, between the State and each entity that receives assistance from the State in the form of a qualifying expenditure, which shall include— (I) appropriate periodic financial and project reporting, record retention, and audit requirements for the duration of the assistance to ensure compliance with the definition of the term qualifying expenditure (II) any other requirements that the Secretary determines are necessary to ensure appropriate administration of amounts from State affordable housing trust funds for purposes of this subsection. (5) Oversight (A) Report to Congress Not later than September 30, 2026, and every 4 years thereafter, the Secretary shall submit a report to Congress regarding the implementation of this subsection during the preceding 4-year period. (B) Contents In each report submitted under subparagraph (A), the Secretary shall— (i) identify each State that received a bonus amount, and the amount of the bonus amount; (ii) describe whether States have increased investment in and obligation of funds from State affordable housing trust funds as a result of the increased funding provided under this subsection; (iii) describe how many more units were created by the bonus amount in each State that received a bonus amount; (iv) describe the populations targeted by projects that were funded with qualifying expenditures or funded by bonus amounts, such as individuals experiencing substance use disorders, veterans, individuals in rural communities, individuals experiencing homelessness, or individuals experiencing disabilities; (v) describe the average length of affordability periods for— (I) projects funded with qualifying expenditures; and (II) projects funded by bonus amounts; (vi) for each State that received a bonus amount, describe whether the State used the bonus amount for— (I) rehabilitation of owner-occupied housing; (II) assistance to home buyers; or (III) rental housing activities; and (vii) assess any other metric that the Secretary determines necessary. (6) Authorization of appropriations There are authorized to be appropriated to the Secretary for fiscal year 2023 and each fiscal year thereafter such amounts as may be necessary to carry out this subsection. (7) Relation to minimum State allocation Nothing in this subsection shall be construed to authorize the Secretary to consider the amount of a bonus amount allocated to a State in determining under subsection (b)(2) whether the formula established under subsection (b) would allocate less than $3,000,000 to the State. . III Prevent Evictions Act 301. Short title This title may be cited as the Prevent Evictions Act 302. Definitions In this title: (1) Covered grant The term covered grant (2) Eligible entity The term eligible entity (3) Implementation grant The term implementation grant (4) Program expansion grant The term program expansion grant (5) Secretary The term Secretary 303. Landlord-tenant mediation competitive grant program (a) In general The Secretary shall award competitive grants under subsections (b) and (c) to eligible entities to assist those entities in establishing and administering, or continuing, landlord-tenant mediation programs. (b) Implementation grants (1) In general The Secretary shall award competitive grants to eligible entities to assist the entities in establishing and administering landlord-tenant mediation programs. (2) Term The term of an implementation grant shall be 2 years. (3) Amount The amount of an implementation grant shall be not more than $1,500,000. (4) Use of funds An eligible entity may use an implementation grant to establish— (A) a statewide mediation program; or (B) a mediation program in a political subdivision of a State or in the jurisdiction of an Indian Tribe that demonstrates a high need for such a program due to— (i) the rate of evictions in the political subdivision or Tribal jurisdiction; or (ii) other characteristics of the political subdivision or Indian Tribe that contribute to the rate of evictions in the political subdivision or Tribal jurisdiction. (5) Federal share The Federal share of the cost of a mediation program established using an implementation grant may not exceed 50 percent. (c) Program expansion grants (1) In general The Secretary shall award competitive grants to eligible entities to assist the entities in continuing activities related to landlord-tenant mediation. (2) Term The term of a program expansion grant shall be 3 years. (3) Amount The amount of a program expansion grant shall be not more than $1,000,000. (4) Maintenance of effort (A) In general Subject to subparagraph (B), amounts made available to an eligible entity under a program expansion grant shall be used to supplement, and not supplant, contributions made by the eligible entity for existing landlord-tenant mediation activities. (B) Reduction of existing funding To the extent that amounts from a program expansion grant are used to replace funding for existing landlord-tenant mediation activities that is reduced for reasons beyond the control of the eligible entity, such use shall not be considered supplanting of amounts contributed by the eligible entity for purposes of subparagraph (A). (d) General rules for covered grants (1) Use of funds An eligible entity may use a covered grant to pay for operating costs, staff salaries, mediator compensation, information technology, interpreters, outreach services, and recruitment. (2) Good faith participation An eligible entity that receives a covered grant shall encourage each party participating in the landlord-tenant mediation program funded by the grant to make a good faith effort to discuss potential resolutions. (3) Geographic and population diversity The Secretary shall ensure, to the maximum extent practicable, that recipients of covered grants represent— (A) diverse geographical areas of the United States; and (B) States, political subdivisions of States, and Indian Tribes of varying population sizes. (4) Free to tenants A tenant may not be charged for participating in landlord-tenant mediation funded by a covered grant. (e) Oversight requirements For each year of a covered grant received by an eligible entity, the eligible entity shall submit to the Secretary a report that— (1) describes how the eligible entity used the grant funds during that year; and (2) includes any performance data, relating to programs funded by the covered grant, that the eligible entity submitted to a State or political subdivision thereof, if applicable. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2023 and each fiscal year thereafter.
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Expand Housing Opportunities Act
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Patient Navigator Enhancement Act This bill requires the Department of Health and Human Services to use unobligated amounts from the Provider Relief Fund (a funding mechanism for reimbursing health care providers for expenses or lost revenue attributable to COVID-19) to carry out the Patient Navigator Research Program of the National Cancer Institute.
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116 S4790 IS: Patient Navigator Enhancement Act U.S. Senate 2022-09-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4790 IN THE SENATE OF THE UNITED STATES September 6, 2022 Mr. Kennedy Committee on Health, Education, Labor, and Pensions A BILL To increase funding for the Patient Navigator Research Program of the National Cancer Institute. 1. Short title This Act may be cited as the Patient Navigator Enhancement Act 2. Funding for the Patient Navigator Research Program of the National Cancer Institute (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Allocation of amounts Notwithstanding any other provision of law, out of any unobligated amounts returned by or recouped from recipients of past distributions from the Provider Relief Fund, the Secretary shall allocate such amounts as the Secretary determines appropriate for purposes of carrying out subsection (a). (c) Provider relief fund In this section, the term Provider Relief Fund (1) the third paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund Public Law 116–136 (2) the first paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund Public Law 116–139 (3) the fourth paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund Public Law 116–260
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Patient Navigator Enhancement Act
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Foreign Medical School Accountability Fairness Act of 2022 This bill revises the institutional eligibility criteria for a foreign graduate medical school to participate in federal student-aid programs. Specifically, the bill requires all foreign graduate medical schools to meet the same minimum requirements to participate in the programs.
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117 S4792 IS: Foreign Medical School Accountability Fairness Act of 2022 U.S. Senate 2022-09-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4792 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Durbin Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to establish fair and consistent eligibility requirements for graduate medical schools operating outside the United States and Canada. 1. Short title This Act may be cited as the Foreign Medical School Accountability Fairness Act of 2022 2. Purpose To establish consistent eligibility requirements for graduate medical schools operating outside of the United States and Canada in order to increase accountability and protect American students and taxpayer dollars. 3. Findings Congress finds the following: (1) Three for-profit schools in the Caribbean have historically received nearly ¾ of all Federal funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (2) The National Committee on Foreign Medical Education and Accreditation and the Department of Education recommend that all foreign graduate medical schools should be required to meet the same eligibility requirements to participate in Federal funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (3) The attrition rate at United States medical schools averaged 3.3 percent between 1993 and 2013, while rates at for-profit Caribbean medical schools have been known to reach 30 percent. (4) In 2022, residency match rates for foreign trained graduates averaged 61.4 percent compared to 92.9 percent for graduates of allopathic medical schools in the United States and 91.3 percent for graduates of osteopathic medical schools in the United States. (5) On average, students at for-profit medical schools operating outside of the United States and Canada amass more student debt than those at medical schools in the United States. 4. Repeal grandfather provisions Section 102(a)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a)(2) (1) in subparagraph (A), by striking clause (i) and inserting the following: (i) in the case of a graduate medical school located outside the United States— (I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part D of title IV; and (II) at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of title IV; ; and (2) in subparagraph (B)(iii), by adding at the end the following: (V) Expiration of authority The authority of a graduate medical school described in subclause (I) to qualify for participation in the loan programs under part D of title IV pursuant to this clause shall expire beginning on the first July 1 following the date of enactment of the Foreign Medical School Accountability Fairness Act of 2022 . 5. Loss of eligibility If a graduate medical school loses eligibility to participate in the loan programs under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. (1) withdrawal by the student from the graduate medical school; (2) completion of the program of study by the student at the graduate medical school; or (3) the fourth June 30 after such loss of eligibility.
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Foreign Medical School Accountability Fairness Act of 2022
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Naloxone Education and Access Act This bill reauthorizes through FY2027, expands eligibility for, and otherwise makes changes to a grant program that supports access to medications that reverse opioid overdoses (e.g., naloxone).
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117 S4794 IS: Naloxone Education and Access Act U.S. Senate 2022-09-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4794 IN THE SENATE OF THE UNITED STATES September 7, 2022 Ms. Baldwin Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act with respect to opioid overdose reversal medication access, education, and co-prescribing grant programs, and for other purposes. 1. Short title This Act may be cited as the Naloxone Education and Access Act 2. Opioid overdose reversal medication access, education, and co-prescribing grant programs Section 545 of the Public Health Service Act ( 42 U.S.C. 290ee (1) in the section heading, by striking access and education access, education, and co-prescribing (2) in subsection (a)— (A) in the subsection heading, by striking to States (B) in the matter preceding paragraph (1), by striking States eligible entities (C) in paragraph (1), by striking for pharmacists to dispense a drug or device approved or cleared that increase access to drugs and devices approved, cleared, or otherwise legally marketed (D) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; (E) by inserting after paragraph (2) the following: (3) encourage health care providers to co-prescribe, as appropriate, drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; (4) support innovative community-based distribution programs of drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; ; (F) in paragraphs (5) and (6), as so redesignated, by striking approved or cleared approved, cleared, or otherwise legally marketed (3) in subsection (b)— (A) by striking State eligible entity (B) by striking approved or cleared approved, cleared, or otherwise legally marketed (4) in subsection (c)— (A) in the matter preceding paragraph (1), by striking States eligible entities (B) by striking approved or cleared approved, cleared, or otherwise legally marketed (5) in subsection (d)— (A) in paragraph (1), by striking A State An eligible entity (B) in paragraph (2), by striking 3 5 (C) by amending paragraph (3) to read as follows: (3) Limitation An eligible entity may use— (A) not more than 10 percent of a grant under this section for educating the public pursuant to subsection (a)(6); and (B) not less than 20 percent of a grant under this section to offset cost-sharing for distribution and dispensing of drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose. ; (6) in subsection (e), by striking a State an eligible entity (7) in subsection (f)— (A) by striking A State An eligible entity (B) by striking in the State in the jurisdiction of the eligible entity (C) by striking approved or cleared approved, cleared, or otherwise legally marketed (8) by amending subsection (g) to read as follows: (g) Definitions In this section: (1) Eligible entity The term eligible entity (2) Indian Tribe The term Indian Tribe (3) Standing order The term standing order (4) Tribal organization The term Tribal organization (5) Urban Indian organization The term Urban Indian organization ; and (9) in subsection (h)(1)— (A) by striking $5,000,000 $10,000,000 (B) by striking 2017 through 2019 2023 through 2027
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Naloxone Education and Access Act
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Fostering Postsecondary Success for Foster and Homeless Youth Act of 2022 This bill establishes a program through which the Department of Education (ED) must annually recognize institutions of higher education (IHEs) that offer outstanding services and programs to foster care and homeless youth. Further, ED must establish a Center for Fostering Postsecondary Success for Foster and Homeless Youth to assist IHEs with creating and maintaining their programs for these youth.
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117 S4795 IS: Fostering Postsecondary Success for Foster and Homeless Youth Act of 2022 U.S. Senate 2022-09-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4795 IN THE SENATE OF THE UNITED STATES September 7, 2022 Ms. Stabenow Mr. Casey Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. 1. Short title This Act may be cited as the Fostering Postsecondary Success for Foster and Homeless Youth Act of 2022 2. Recognition of foster care youth- and homeless youth-friendly institutions of higher education Title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161a et seq. BB Foster care youth- and homeless youth-friendly institutions 899. Recognition of foster care youth- and homeless youth-friendly institutions of higher education (a) General authority The Secretary shall recognize eligible institutions that offer outstanding support services and other programs tailored to the needs of foster care youth and homeless youth. (b) Designation An eligible institution recognized by the Secretary under subsection (a) shall be designated as Foster and Homeless Youth Friendly (c) Application To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, each application shall include a detailed description of the programs and services available for, and that serve, foster care youth and homeless youth that are offered by the institution, which may include programs and services such as— (1) mentorship programs that formally match foster care youth and homeless youth with a peer or adult mentor; (2) academic support services to supplement or complement the classroom instruction provided to foster care youth and homeless youth; (3) housing assistance programs under which the institution provides— (A) on-campus or off-campus housing directly to foster care youth and homeless youth; or (B) financial support to cover the housing costs of foster care youth and homeless youth; (4) life and workforce skills development programs that teach or enhance the skills that foster care youth and homeless youth may require to be successful in their personal and professional lives; (5) financial aid or scholarships available exclusively to foster care youth and homeless youth; (6) counseling or mental health services provided by a licensed professional with expertise in serving foster care youth and homeless youth; (7) case management services and efforts to facilitate participation in other Federal assistance programs for which students may be eligible; (8) an institutional point of contact for such students; and (9) such other programs and services as the Secretary determines to be appropriate in consultation with the individuals and entities described in subsection (e). (d) Selection process (1) General requirements (A) Annual, merit-based selection On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). The Secretary shall select such institutions on a competitive basis, based solely on merit. (B) Geographic diversity not required The Secretary shall not consider geographic diversity among the States as a factor in the selection of eligible institutions for recognition under subsection (a). (2) Criteria and procedures Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). The guidelines shall be developed and implemented as follows: (A) Draft guidelines Not later than 180 days after the date of the enactment of this section, the Secretary shall issue draft guidelines, which shall be made available for public comment for a period of not less than 90 days. (B) Revised guidelines Not later than 90 days after the end of the public comment period specified in subparagraph (A), the Secretary shall issue revised guidelines, which shall be made available for public comment for a period of not less than 30 days. (C) Final guidelines Not later than 30 days after the end of the public comment period specified in subparagraph (B), the Secretary shall publish and implement the final guidelines. (e) Consultation In carrying out the program under this section, the Secretary shall consult with appropriate individuals and entities outside the Department of Education, which may include— (1) other Federal agencies; (2) State agencies; (3) institutions of higher education; (4) nonprofit and advocacy organizations; (5) current and former foster care youth; and (6) students who have experienced homelessness. (f) Information sharing On an annual basis, the Secretary shall publish, on a publicly accessible website of the Department of Education— (1) a profile of each institution recognized under subsection (a) in the most recent year; and (2) a comprehensive list of all institutions previously recognized under subsection (a). (g) Ensuring continuity of quality programs and services for foster and homeless youth (1) Institutional review (A) In general Not less frequently than once every 5 years, the Secretary shall review each institution recognized under subsection (a) to determine whether the programs and services provided by the institution continue to meet the criteria required for such recognition. (B) Notice If the Secretary determines under subparagraph (A) that an institution no longer meets the criteria for recognition under subsection (a), the Secretary shall transmit written notice of such determination to the institution. (C) Revocation After transmitting the notice required under subparagraph (B), the Secretary shall— (i) revoke the institution’s recognition under subsection (a); and (ii) remove the profile established for the institution under subsection (f)(1) from the website of the Department of Education. (D) Reapplication An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. (2) Briefing Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies— (A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and (B) recommendations on how to improve programs and services for foster care youth and homeless youth. 899A. Training, evaluation, and information center (a) In general Not later than 2 years after the date of enactment of this section, the Secretary shall establish a Center for Fostering Postsecondary Success for Foster and Homeless Youth (referred to in this section as the Center (b) Duties The duties of the Center shall be to assist institutions of higher education in establishing and maintaining programs for foster care youth and homeless youth, including by— (1) providing technical assistance; (2) collecting, evaluating, and delivering information on best practices for such programs; and (3) maintaining resources to help foster care youth and homeless youth navigate postsecondary education. (c) Cooperative agreement For the purpose of carrying out this section, the Secretary may enter into cooperative agreements with one or more organizations with expertise in support services and other programs tailored to the needs of foster care youth and homeless youth, including— (1) nonprofit nongovernmental organizations; (2) Federal and State government agencies; (3) institutions of higher education, including public, private, and land-grant colleges and universities, and minority-serving institutions; and (4) such other organizations as the Secretary determines to be appropriate. (d) Priority In entering into agreements with organizations under subsection (c), Secretary shall give priority to organizations that— (1) are capable of engaging with foster care youth and homeless youth and programs that serve such youth and demonstrate expertise in understanding the unique needs of such youth; (2) demonstrate the capacity to effectively implement outreach, training, and coordination functions; (3) are capable of producing resources and materials that can easily be replicated and distributed to institutions of higher education in multiple formats; (4) have working partnerships with— (A) nonprofit and private sector organizations; and (B) local, State, and Tribal governments; (5) have the ability to work in underserved communities; and (6) have an organizational mission aligned with goals of the program under this part. (e) Rule of construction Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. (f) Limitation on use of funds (1) Limitation on use of funds for establishment Of the funds made available to carry out this part for each of fiscal years 2022 and 2023, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. (2) Limitation on use of funds for operation Of the funds made available to carry out this part for each fiscal year beginning after fiscal year 2023, the Secretary may use not more than $1,000,000 in each fiscal year to support the operations of the Center. 899B. Definitions In this part: (1) Eligible institution The term eligible institution (A) an institution of higher education (as defined in section 101); or (B) a postsecondary educational institution operated or controlled by the Bureau of Indian Education. (2) Foster care youth The term foster care youth 42 U.S.C. 621 et seq. 42 U.S.C. 672 (3) Homeless youth The term homeless youth homeless children and youths 42 U.S.C. 11434a (4) Minority-serving institution The term minority-serving institution 20 U.S.C. 1067q(a) .
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Fostering Postsecondary Success for Foster and Homeless Youth Act of 2022
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Local News and Broadcast Media Preservation Act of 2022 This bill modifies ownership rules and limitations related to media such as newspapers and broadcast stations. Specifically, the bill repeals specified media ownership limitations and prohibits the Federal Communications Commission from disallowing multiple ownership of radio and television stations. It also prohibits the Federal Trade Commission from considering whether certain media mergers will substantially lessen competition or tend to create a monopoly. Further, the bill creates a four-year safe harbor from antitrust laws for print, broadcast, or digital news companies to collectively negotiate with online content distributors (e.g., social media companies) regarding the terms on which the news companies' content may be distributed by online content distributors.
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104 S4796 IS: Local News and Broadcast Media Preservation Act of 2022 U.S. Senate 2022-09-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4796 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Paul Committee on Commerce, Science, and Transportation A BILL To repeal the limitations on multiple ownership of radio and television stations imposed by the Federal Communications Commission, to prohibit the Federal Communications Commission from limiting common ownership of daily newspapers and full-power broadcast stations, and for other purposes. 1. Short title This Act may be cited as the Local News and Broadcast Media Preservation Act of 2022 2. Regulation of broadcast ownership by the Federal Communications Commission (a) Repeal of multiple broadcast station ownership rules (1) In general The Federal Communications Commission may not impose any limitation on the number of radio or television stations— (A) that a person or entity may directly or indirectly own, operate, or control; or (B) in which a person or entity may have a cognizable interest. (2) Regulations In accordance with paragraph (1), the Federal Communications Commission shall repeal section 73.3555 of title 47, Code of Federal Regulations. (3) Technical and conforming amendment Section 202 of the Telecommunications Act of 1996 ( Public Law 104–104 (b) Prohibition on limitation of newspaper and broadcast station cross-Ownership The Federal Communications Commission may not impose any limitation on the ability of a person or entity to own 1 or more daily newspapers and 1 or more full-power broadcast stations. 3. Clayton Act Section 7 of the Clayton Act ( 15 U.S.C. 18 For purposes of an acquisition described in this section, the market share in any geographic market of the television broadcasting market, the radio broadcasting market, or the daily newspaper publication market (or any relevant product market within such markets) of the acquiring person as a result of the acquisition shall not be considered to substantially lessen competition or to tend to create a monopoly. . 4. Safe harbor for certain collective negotiations (a) Definitions In this section: (1) Antitrust laws The term antitrust laws (A) has the meaning given the term in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12 (B) includes— (i) section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 (ii) any State law (including regulations) that prohibits or penalizes the conduct described in, or is otherwise inconsistent with, subsection (b). (2) News content creator The term news content creator (A) any print, broadcast, or digital news organization that— (i) has a dedicated professional editorial staff that creates and distributes original news and related content concerning local, national, or international matters of public interest on at least a weekly basis; and (ii) is commercially marketed through subscriptions, advertising, or sponsorship; and (B) (i) provides original news and related content, with the editorial content consisting of not less than 25 percent current news and related content; or (ii) broadcasts original news and related content pursuant to a license granted by the Federal Communications Commission under title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. (3) Online content distributor The term online content distributor (A) operates a website or other online service that displays, distributes, or directs users to news articles, works of journalism, or other content on the internet that is generated by third-party news content creators; and (B) has not fewer than 1,000,000,000 monthly active users, in the aggregate, of all of its websites or online services worldwide. (b) Limitation of liability A news content creator may not be held liable under the antitrust laws for engaging in negotiations with any other news content creator during the 4-year period beginning on the date of enactment of this Act to collectively withhold content from, or negotiate with, an online content distributor regarding the terms on which the news content of the news content creator may be distributed by the online content distributor, if— (1) the negotiations with the online content distributor— (A) are not limited to price; (B) are nondiscriminatory as to similarly situated news content creators; (C) directly relate to the quality, accuracy, attribution or branding, and interoperability of news; and (D) pertain to terms that would be available to all news content creators; (2) the coordination between the news content creators is directly related to and reasonably necessary for negotiations with an online content distributor that are otherwise consistent with this Act; and (3) the negotiations do not involve any person that is not a news content creator or an online content distributor. (c) Rule of construction Except as provided in this Act, this Act shall not be construed to modify, impair, or supersede the operation of the antitrust laws.
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Local News and Broadcast Media Preservation Act of 2022
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Simplifying Grants Act of 2022 This bill sets forth procedures for simplifying the grant process for nonurbanized areas, for both existing and new grant programs. Each agency must make publicly available a checklist for covered local governments with respect to each grant program of the agency for which such governments are otherwise eligible that includes each requirement for every step of the grant process. The Office of Management and Budget must report to Congress (1) within 270 days of this bill's enactment, evaluating the extent to which agencies have simplified the requirements and made the checklist available; and (2) each April 1st, evaluating the amount of technical assistance provided and the amount of funds awarded.
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117 S4799 IS: Simplifying Grants Act of 2022 U.S. Senate 2022-09-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4799 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Rubio Mr. Risch Mr. Crapo Mrs. Capito Mr. Wicker Mr. Scott of Florida Ms. Collins Mr. Cornyn Mr. Tuberville Committee on Homeland Security and Governmental Affairs A BILL To simplify the grant process for nonurbanized areas, and for other purposes. 1. Short title This Act may be cited as the Simplifying Grants Act of 2022 2. Definitions In this Act: (1) Agency The term agency (2) Covered local government The term covered local government (3) Director The term Director (4) Local government The term local government (5) State The term State (6) Urbanized area The term urbanized area 3. Grant process simplification (a) Existing grant programs For each grant program of an agency in existence on the date of enactment of this Act under which covered local governments are eligible to receive grants, not later than 180 days after the date of enactment of this Act— (1) the Director shall— (A) conduct a review of the complexity of the requirements for a covered local government to receive funds under a grant under the program; and (B) provide to the head of the agency instructions on how to simplify such requirements; and (2) the head of the agency, in consultation with the Director, shall simplify such requirements. (b) New grant programs For each grant program of an agency established after the date of enactment of this Act under which covered local governments are eligible to receive grants, before the application for grants under the program becomes available— (1) the Director shall— (A) conduct a review of the complexity of the proposed requirements for a covered local government to receive funds under a grant under the program; and (B) provide to the head of the agency instructions on how to simplify such requirements; and (2) the head of each agency, in consultation with the Director, shall simplify such requirements. (c) Checklists (1) In general In accordance with paragraph (2), the head of each agency shall make publicly available a checklist for covered local governments with respect to each grant program of the agency for which covered local governments are otherwise eligible that includes each requirement for each step of the grant process for a grant under the grant program. (2) Deadline The head of an agency shall make publicly available a checklist under paragraph (1)— (A) with respect to a grant program in existence on the date of enactment of this Act, not later than 180 days after the date of enactment of this Act; and (B) with respect to a grant program established after the date of enactment of this Act, on the date on which the application for the grant program becomes available. 4. Reporting (a) One-Time report Not later than 270 days after the date of enactment of this Act, the Director shall submit to Congress a report evaluating, as of the date of submission of the report— (1) the extent to which agencies have simplified the requirements for covered local governments under section 3(a); and (2) the extent to which agencies made available checklists under section 3(c)(1) for each grant program in existence on the date of enactment of this Act. (b) Ongoing report Not later than April 1 of the first year after the year during which this Act is enacted, and every April 1 thereafter, the Director shall submit to Congress a report evaluating— (1) the amount of technical assistance provided to covered local governments during the previous fiscal year by agencies relating to the preaward, award, implementation, and closeout stages of grants awarded by the agencies; and (2) the amount of funds that were awarded by agencies during the previous fiscal year to— (A) covered local governments; and (B) local governments that are not covered local governments.
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Simplifying Grants Act of 2022
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John Lewis Civil Rights Fellowship Act of 2022 This bill establishes the John Lewis Civil Rights Fellowship Program within the J. William Fulbright Educational Exchange Program (commonly referred to as the Fulbright Program). The fellowship program shall honor the legacy of Representative John Lewis and promote studies, research, and international exchange in the subject of nonviolent civil rights movements around the world. The J. William Fulbright Foreign Scholarship Board shall annually select at least 25 qualified individuals when feasible to serve as fellows in the fellowship program. Each fellow shall (1) work in an internship or research position with an approved organization in a country with an operational Fulbright U.S. Student Program, and (2) receive an award sufficient to cover the fellow's reasonable costs during the fellowship period and certain travel and lodging expenses related to the program.
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117 S4800 IS: John Lewis Civil Rights Fellowship Act of 2022 U.S. Senate 2022-09-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4800 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Hickenlooper Mr. Scott of South Carolina Mr. Ossoff Ms. Collins Committee on Foreign Relations A BILL To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid-career professionals to study nonviolent movements to establish and protect civil rights around the world. 1. Short title This Act may be cited as the John Lewis Civil Rights Fellowship Act of 2022 2. John Lewis Civil Rights Fellowship Program The Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. 115. John Lewis Civil Rights Fellowship Program (a) Establishment There is established the John Lewis Civil Rights Fellowship Program (referred to in this section as the Fellowship Program (b) Purposes The purposes of the Fellowship Program are— (1) to honor the legacy of Representative John Lewis by promoting a greater understanding of the history and tenets of nonviolent civil rights movements; and (2) to promote studies, research, and international exchange in the subject of nonviolent movements that established and protected civil rights around the world. (c) Administration The Bureau of Educational and Cultural Affairs (referred to in this section as the Bureau (d) Selection of fellows (1) In general The Board shall annually select qualified individuals to participate in the Fellowship Program. The Board may determine the number of fellows selected each year, which shall be not fewer than 25 whenever feasible. (2) Outreach (A) In general The Bureau should conduct outreach at organizations described in subparagraph (B)— (i) to broaden the pool of qualified applicants; and (ii) to facilitate, to the extent practicable, diversity within each cohort of fellows. (B) Organizations described The organizations described in this subparagraph are— (i) minority serving institutions, including historically Black colleges and universities; and (ii) other appropriate institutions, as determined by the Board. (C) Definitions In this paragraph: (i) Diversity The term diversity (ii) Historically Black college and university The term historically Black college and university part B institution 20 U.S.C. 1061 (iii) Minority serving institution The term minority-serving institution 20 U.S.C. 1067q(a) (e) Fellowship orientation Annually, and not later than 30 days before the commencement of the fellowship for the cohort of fellows most recently selected under subsection (d), the Bureau shall organize and administer a fellowship orientation, which shall— (1) be held in Washington, DC, or at another location selected by the Bureau; and (2) include programming to honor the legacy of Representative John Lewis. (f) Structure (1) Work plan To carry out the purposes described in subsection (b)(2)— (A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement— (i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and (ii) in a country with an operational Fulbright U.S. Student Program; and (B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. (2) Conferences; presentations Each fellow shall— (A) before commencing the fellowship, attend a fellowship orientation organized and administered by the Bureau under subsection (e); (B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which shall be held in Atlanta, Georgia, or at another location of importance to the civil rights movement in the United States and selected by the Bureau; and (C) at such summit, give a presentation on lessons learned during the period of fellowship. (3) Fellowship period Each fellowship under this section shall continue for a period determined by the Bureau, which shall be not shorter than 10 months whenever feasible. (g) Fellowship award The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for— (1) the reasonable costs of the fellow during the fellowship period; and (2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). (h) Briefing Not later than 1 year after the date of the selection of the initial cohort of fellows under subsection (d), and annually thereafter, the Secretary of State shall brief Congress on the state of the Fellowship Program, including— (1) a description of the demographics of the cohort of fellows that completed a fellowship during the preceding 1-year period; (2) an analysis of the diversity of fellows based on the demographics of each cohort of fellows that completed a fellowship as of the date of the briefing; and (3) an analysis of trends relating to the diversity of each cohort of fellows over the course of the Fellowship Program. . 3. Technical and conforming amendments to the Mutual Educational and Cultural Exchange Act of 1961 Section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2460(a) (1) in paragraph (8), by striking ; and (2) in paragraph (9), by striking the period and inserting ; and (3) by adding at the end the following: (10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries. .
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John Lewis Civil Rights Fellowship Act of 2022
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Stopping Harmful Incidents to Enforce Lawful Drone Use Act or the SHIELD U Act This bill authorizes Counter-Unmanned Aircraft System (C-UAS) activities on and off commercial service airport property to detect, identify, and mitigate threats posed by an unmanned aircraft (i.e., drone) or unmanned aircraft system. It authorizes the Department of Homeland Security (DHS), state and local law enforcement, and airport law enforcement to carry out these activities. Additionally, the bill allows DHS and the Departments of Defense, Justice, and Energy to contract with other entities to carry out C-UAS activities. The bill also (1) expands the Federal Law Enforcement Training Center curriculum to include use of C-UAS authorities as well as the ability for state, local, tribal, and territorial law enforcement to attend such training; and (2) allows state, local, and airport law enforcement to use jamming technology to mitigate a drone threat.
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117 S4801 IS: Stopping Harmful Incidents to Enforce Lawful Drone Use Act U.S. Senate 2022-09-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4801 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Lee Committee on Commerce, Science, and Transportation A BILL To authorize Counter-UAS activities on and off commercial service airport property, and for other purposes. 1. Short title This Act may be cited as the Stopping Harmful Incidents to Enforce Lawful Drone Use Act SHIELD U Act 2. Definitions In this Act: (1) Commercial service airport The term commercial service airport (2) Covered air carrier The term covered air carrier (3) Counter-UAS activities The term Counter-UAS activities (A) Detecting, identifying, monitoring, and tracking an unmanned aircraft or unmanned aircraft system, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft or unmanned aircraft system. (B) Warning an operator of an unmanned aircraft or unmanned aircraft system, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means. (C) Disrupting control of an unmanned aircraft or unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft or unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft or unmanned aircraft system. (D) Seizing or exercising control of an unmanned aircraft or unmanned aircraft system. (E) Seizing or otherwise confiscating an unmanned aircraft or unmanned aircraft system. (F) Using reasonable force to disable, damage, or destroy an unmanned aircraft or unmanned aircraft system. (4) Navigable airspace The term navigable airspace (5) Non-kinetic equipment The term non-kinetic equipment (A) intercept or otherwise access a wire communication, an oral communication, an electronic communication, or a radio communication used to control an unmanned aircraft or unmanned aircraft system; and (B) disrupt control of the unmanned aircraft or unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft or unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications that are used to control the unmanned aircraft or unmanned aircraft system. (6) Threats posed by an unmanned aircraft or unmanned aircraft system The term threats posed by an unmanned aircraft or unmanned aircraft system (A) create the potential for bodily harm to, or loss of human life of, a person within property under the jurisdiction of— (i) a commercial service airport; or (ii) a State or locality; or (B) have the potential to cause severe economic damage to— (i) property of a commercial service airport; or (ii) property under the jurisdiction of a State or locality. (7) Unmanned aircraft, unmanned aircraft system The terms unmanned aircraft unmanned aircraft system 3. Counter-UAS activities on commercial service airport property (a) Counter-UAS activities (1) In general Notwithstanding any other provision of law and subject to paragraph (3), with respect to a commercial service airport, the following departments and agencies may, in a manner consistent with the Fourth Amendment to the Constitution of the United States, carry out Counter-UAS activities for purposes of detecting, identifying, and mitigating the threats posed by an unmanned aircraft or unmanned aircraft system to the safety or security of the airport: (A) The Department of Homeland Security. (B) The State and local law enforcement agencies in the State in which the airport is located. (C) The law enforcement agency of the airport. (2) Testing authority Subject to paragraphs (3) and (4), the Secretary of Homeland Security, the heads of the State or local law enforcement agencies of the State in which a commercial service airport is located, or the law enforcement agency of the commercial service airport, may research, test, provide training on, and evaluate any equipment, including any electronic equipment, to determine the capability and utility of the equipment to carry out Counter-UAS activities to detect, identify, and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system to the safety or security of the airport. (3) Airport operator consent required Activities permitted under paragraph (1) or (2) shall only be carried out with the consent of, in consultation with, and with the participation of, the airport operator. (4) Consultation requirement for testing of non-kinetic equipment Any testing of non-kinetic equipment carried out under the authority of this subsection shall be done in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration. (b) Non-Kinetic equipment (1) In general Before adopting any standard operating procedures within a tactical response plan for use of non-kinetic equipment to carry out a Counter-UAS activity under the authority of this section, the Secretary of Homeland Security and the heads of the State, local, or airport law enforcement agencies of the State in which a commercial service airport is located, shall do the following: (A) Consult with the Federal Communications Commission and the National Telecommunications and Information Administration about the use of non-kinetic equipment to carry out a Counter-UAS activity consistent with the tactical response plan updates required under subsection (c). (B) Jointly, with the Federal Communications Commission and the National Telecommunications and Information Administration, create a process for an authorized designee of the commercial service airport to, consistent with procedures outlined in the tactical response plan (as updated under subsection (c)), notify the Commission when non-kinetic equipment has been used to carry out a Counter-UAS activity. (2) FCC and NTIA duties The Federal Communications Commission and the National Telecommunications and Information Administration shall— (A) not later than 30 days after the date of enactment of this Act, assign to an office of the Commission and to an office of the Administration, respectively, responsibility for carrying out the consultation regarding the use of non-kinetic equipment to carry out Counter-UAS activities required by paragraph (1)(A) and the consultation regarding the testing of non-kinetic equipment required by subsection (a)(4); and (B) not later than 180 days after the responsibility described in subparagraph (A) is assigned to each such office— (i) publicly designate an office of the Commission and an office of the Administration, respectively, to receive the notifications from commercial service airports required under paragraph (1)(B); and (ii) make publicly available the process for the Commission and the Administration to carry out any follow up consultation, if necessary. (3) Nonduplication To the greatest extent practicable, the Federal Communications Commission and the National Telecommunications and Information Administration shall coordinate with respect to the consultations, process creation, follow up consultations, and other requirements of this subsection and subsection (a)(4) so as to minimize duplication of requirements, efforts, and expenditures. (c) Tactical response plan updates (1) Task force Not later than 2 years after the date of enactment of this Act, the airport director of each commercial service airport shall convene a task force for purposes of establishing or modifying the emergency action preparedness plan for the airport to include a tactical response plan for the detection, identification, and mitigation of threats posed by an unmanned aircraft or unmanned aircraft system. (2) Required coordination Each task force convened under paragraph (1) shall coordinate the establishing or modifying of the airport's emergency action preparedness plan with representatives of the following: (A) The Department of Transportation. (B) The Federal Aviation Administration. (C) The Department of Homeland Security. (D) The State and local law enforcement agencies in the State in which the airport is located. (E) The law enforcement agency of the airport. (F) The covered air carriers operating at the airport. (G) Representatives of general aviation operators at the airport. (H) Representatives of providers of telecommunications and broadband service with a service area that covers the airport property or the navigable airspace necessary to ensure safety in the takeoff and landing of aircraft at such airport. (3) Duties As part of the inclusion of a tactical response plan in the emergency action preparedness plan for a commercial service airport, each task force convened under paragraph (1) shall do the following: (A) Create and define the various threat levels posed by an unmanned aircraft or unmanned aircraft system to the airport. (B) Create the standard operating procedures for responding to each threat level defined under subparagraph (A) that include a requirement to minimize collateral damage. (C) Define and assign to each entity specified in paragraph (2), the role and responsibilities of the entity in carrying out the standard operating procedures for responding to a specified threat posed by an unmanned aircraft or unmanned aircraft system to the airport. (D) Designate the applicable State and local law enforcement agencies, or the law enforcement agency of the airport, in coordination with the Department of Homeland Security, as the first responders to any specified threat posed by an unmanned aircraft or unmanned aircraft system to the airport. (E) Narrowly tailor the use of non-kinetic Counter-UAS equipment (if applicable under the standard operating procedures) to only temporary activities necessary to mitigate an immediate threat posed by an unmanned aircraft or unmanned aircraft system to the airport. (F) Incorporate any existing Federal guidance for updating airport emergency plans for responding to unauthorized unmanned aircraft system operations into 1 tactical response plan for addressing threats posed by an unmanned aircraft or unmanned aircraft system. (4) Rule of construction Nothing in this subsection shall be construed to require multiple tactical response plans or emergency action preparedness plans for addressing the threats posed by an unmanned aircraft, an unmanned aircraft system, or unauthorized unmanned aircraft system operations. (d) Airport improvement program eligibility Notwithstanding section 47102 of title 49, United States Code, the definition of the term airport development (e) Best practices (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration and the Administrator of the Transportation Security Administration acting jointly and in collaboration with airport directors of commercial service airports, shall— (A) publish guidance regarding best practices for use of Counter-UAS Activities at commercial service airports; and (B) make such guidance available to the airport director for each commercial service airport in the United States. (2) Annual updates The guidance issued under this subsection shall be annually updated to incorporate the most recent results and conclusions regarding best practices for the use of Counter-UAS activities at commercial service airports. 4. Counter-UAS activities off commercial service airport property (a) In general Notwithstanding any other provision of law, with respect to a State, the State and local law enforcement agencies in the State may, in a manner consistent with the Fourth Amendment to the Constitution of the United States, carry out Counter-UAS activities for purposes of detecting, identifying, and mitigating the threats posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the State or locality. (b) Testing authority (1) In general (A) States and localities Subject to paragraphs (2) and (3), any State or locality of a State may establish testing areas for purposes of researching, testing, providing training on, and evaluating of any equipment, including any electronic equipment, to determine the capability and utility of the equipment to carry out Counter-UAS activities to detect, identify, and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the State or locality. (B) Private sector entities Subject to paragraphs (2) and (3), any private sector entity may establish testing areas for purposes of researching, testing, providing training on, and evaluating of any equipment, including any electronic equipment, to determine the capability and utility of the equipment to carry out Counter-UAS activities to detect, identify, and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system, so long as such activities are carried out in accordance with applicable State and local laws. (2) FAA cooperation The Federal Aviation Administration shall cooperate with any action by a State, a locality of a State, or a private sector entity to designate airspace to be used for testing under paragraph (1) unless the State, locality, or entity designates an area of airspace that would create a significant safety hazard to airport operations, air navigation facilities, air traffic control systems, or other components of the national airspace system that facilitate the safe and efficient operation of manned civil, commercial, or military aircraft within the United States. (3) Consultation requirement for testing of non-kinetic equipment Any testing of non-kinetic equipment carried out under the authority of this subsection shall be done in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration. (c) Non-Kinetic equipment (1) In general Before adopting any standard operating procedures for using any non-kinetic equipment to carry out a Counter-UAS activity under the authority of this section, a State or local law enforcement agency shall do the following: (A) Consult with the Federal Communications Commission and the National Telecommunications and Information Administration about the use of non-kinetic equipment to carry out a Counter-UAS activity and the standard operating procedures that the State or local law enforcement agency will follow for use of such equipment. (B) Jointly, with the Federal Communications Commission and the National Telecommunications and Information Administration create a process for an authorized designee of the State or local law enforcement agency to notify the Commission when non-kinetic equipment has been used to carry out a Counter-UAS activity. (2) FCC and NTIA duties The Federal Communications Commission shall— (A) not later than 30 days after the date of enactment of this Act, assign to an office of the Commission and to an office of the Administration, respectively, responsibility for carrying out the consultation regarding the use of non-kinetic equipment to carry out Counter-UAS activities required under paragraph (1)(A) and the consultation regarding the testing of non-kinetic equipment required by subsection (b)(3); and (B) not later than 180 days after the responsibility described in subparagraph (A) is assigned to each such office— (i) publicly designate an office of the Commission and an office of the Administration, respectively, to receive the notifications from State or local law enforcement agencies required under paragraph (1)(B); and (ii) make publicly available the process for the Commission and the Administration to carry out any follow up consultation, if necessary. (3) Nonduplication To the greatest extent practicable, the Federal Communications Commission and the National Telecommunications and Information Administration shall coordinate with respect to the consultations, process creation, follow up consultations, and other requirements of this subsection and subsection (a)(4) so as to minimize duplication of requirements, efforts, and expenditures. (d) Coordination with the FAA Section 376 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44802 (1) in subsection (b), by adding at the end the following: (4) Permit a process for an applicable State or local law enforcement agency to notify and coordinate with the Federal Aviation Administration on actions being taken by the State or local law enforcement agency to exercise the Counter-UAS activities authority established under section 4(a) of the SHIELD U Act ; and (2) in subsection (c)— (A) in paragraph (3)(G), by striking and (B) in paragraph (4), by striking the period at the end and inserting ; and (C) by adding at the end the following: (5) establish a process that allows for collaboration and coordination between the Federal Aviation Administration and the law enforcement of a State or local government with respect to the use of the Counter-UAS activities authority established under section 4(a) of the SHIELD U Act . (e) Interim notification plan (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a process under which— (A) the law enforcement agency of a State or local government may notify the Administrator of an active threat posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the State or local law enforcement agency and the intent of the agency to facilitate Counter-UAS activities; (B) the Administrator, based on notice made pursuant to subparagraph (A), shall issue immediate warnings to operators of both manned and unmanned aircraft operating within the area of airspace where the law enforcement agency’s Counter-UAS activities are taking place; and (C) the Administrator and the State and local law enforcement agency notify UAS operators and manned operators in the area that an area of airspace is clear once the State and local law enforcement have concluded the Counter-UAS activities to mitigate the threat. (2) Sunset The process established under paragraph (1) shall terminate on the date on which the unmanned aircraft systems traffic management system required under section 376 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44802 5. Authority to enter into contracts to protect facilities from unmanned aircraft (a) Authority The following Federal departments are authorized to enter into contracts to carry out the following authorities: (1) The Department of Defense for the purpose of carrying out activities under section 130i of title 10, United States Code. (2) The Department of Homeland Security for the purpose of carrying out activities under section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n (3) The Department of Justice for the purpose of carrying out activities under section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n (4) The Department of Energy for the purpose of carrying out activities under section 4510 of the Atomic Energy Defense Act ( 50 U.S.C. 2661 (b) Federal Acquisition Regulation Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement the authority provided under subsection (a). (c) Annual publication of recommended vendors and equipment (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Attorney General, the Secretary of Energy, the Secretary of Transportation, and the heads of such other Federal departments or agencies as determined appropriate by the Director of the Office of Management and Budget, shall publish and make available to State and local governments the following: (A) A list of vendors that are eligible under the Federal Acquisition Regulation to enter into contracts with the Federal Government to carry out Counter-UAS activities. (B) A list of Counter-UAS equipment that is recommended by the Federal Government to carry out Counter-UAS activities. (2) Annual risk assessment The Director of the Office of Management and Budget, in consultation with the heads of the applicable Federal departments and agencies, shall review and reassess the vendors and equipment specified on the lists required to be published and made available under paragraph (1) based on a risk assessment that is jointly considered by the applicable agencies as part of each annual update of such lists. 6. Federal law enforcement training Section 884(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 464(c) (1) in paragraph (9), by striking and (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting after paragraph (9) the following: (10) develop and implement homeland security and law enforcement training curricula related to the use of Counter-UAS activities (as defined in section 2 of the SHIELD U Act (A) include— (i) training on the use of both kinetic and non-kinetic equipment; (ii) training on the tactics used to detect, identify, and mitigate a threat from an unmanned aircraft or unmanned aircraft system; and (iii) such other curricula or training the Director believes necessary; and (B) be made available to Federal, State, local, Tribal, and territorial law enforcement and security agencies and private sector security agencies; and . 7. Authorized use of jamming technology Title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. (1) in section 301 ( 47 U.S.C. 301 (A) by striking It is (a) In general It is ; and (B) by adding at the end the following: (b) Exception for an unmanned aircraft and unmanned aircraft system (1) Definitions In this subsection— (A) the term covered equipment (i) intercept or otherwise access a wire communication, an oral communication, an electronic communication, or a radio communication used to control an unmanned aircraft or unmanned aircraft system; and (ii) disrupt control of an unmanned aircraft or unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft or unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications that are used to control the unmanned aircraft or unmanned aircraft system; and (B) the terms unmanned aircraft unmanned aircraft system (2) Exception Subsection (a) shall not apply with respect to actions taken by State or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the Commission to detect, identify, or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system. ; (2) in section 302 ( 47 U.S.C. 302a (g) Exception for an unmanned aircraft and unmanned aircraft system (1) Definitions In this subsection, the terms covered equipment unmanned aircraft unmanned aircraft system (2) Exception The provisions of this section shall not apply with respect to actions taken by State or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the Commission to detect, identify, or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system. ; and (3) in section 333 ( 47 U.S.C. 333 (A) by striking No person (a) In general No person ; and (B) by adding at the end the following: (b) Exception for an unmanned aircraft and unmanned aircraft system (1) Definitions In this subsection, the terms covered equipment unmanned aircraft unmanned aircraft system (2) Exception Subsection (a) shall not apply with respect to actions taken by State or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the Commission to detect, identify, or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system. . 8. No abrogation of traditional police powers Nothing in this Act or the amendments made by this Act shall be construed to abrogate the inherent authority of a State government or subdivision thereof from using their traditional police powers, including (but not limited to) the authority to counter an imminent threat to public health or safety.
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Stopping Harmful Incidents to Enforce Lawful Drone Use Act
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Coast Guard Authorization Act of 2022 This bill authorizes appropriations through FY2023 for the U.S. Coast Guard. It also revises a variety of requirements concerning the Coast Guard's personnel, operations, infrastructure, and environmental compliance. For example, the bill revises requirements concerning maritime cybersecurity and artificial intelligence, workforce readiness, oil spills, healthcare, vessel safety, sexual assault, and sexual harassment.
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116 S4802 IS: Coast Guard Authorization Act of 2022 U.S. Senate 2022-09-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4802 IN THE SENATE OF THE UNITED STATES September 8, 2022 Ms. Cantwell Mr. Wicker Ms. Baldwin Committee on Commerce, Science, and Transportation A BILL To authorize appropriations for the Coast Guard, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Coast Guard Authorization Act of 2022 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Commandant. TITLE I—Authorizations Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. Sec. 103. Authorization for shoreside infrastructure and facilities. Sec. 104. Authorization for acquisition of vessels. Sec. 105. Authorization for the childcare subsidy program. TITLE II—Coast Guard Subtitle A—Infrastructure and assets Sec. 201. Report on shoreside infrastructure and facilities needs. Sec. 202. Fleet mix analysis and shore infrastructure investment plan. Sec. 203. Acquisition life-cycle cost estimates. Sec. 204. Report and briefing on resourcing strategy for Western Pacific Region. Sec. 205. Study and report on national security and drug trafficking threats in the Florida Straits and Caribbean region, including Cuba. Sec. 206. Coast Guard Yard. Sec. 207. Authority to enter into transactions other than contracts and grants to procure cost-effective technology for mission needs. Sec. 208. Improvements to infrastructure and operations planning. Subtitle B—Great Lakes Sec. 211. Great Lakes winter commerce. Sec. 212. Database on icebreaking operations in the Great Lakes. Sec. 213. Great Lakes snowmobile acquisition plan. Sec. 214. Great Lakes barge inspection exemption. Sec. 215. Study on sufficiency of Coast Guard aviation assets to meet mission demands. Subtitle C—Arctic Sec. 221. Establishment of the Arctic Security Cutter Program Office. Sec. 222. Arctic activities. Sec. 223. Study on Arctic operations and infrastructure. Subtitle D—Maritime cyber and artificial intelligence Sec. 231. Enhancing maritime cybersecurity. Sec. 232. Establishment of unmanned system program and autonomous control and computer vision technology project. Sec. 233. Artificial intelligence strategy. Sec. 234. Review of artificial intelligence applications and establishment of performance metrics. Sec. 235. Cyber data management. Sec. 236. Data management. Sec. 237. Study on cyber threats to the United States marine transportation system. Subtitle E—Aviation Sec. 241. Space-available travel on Coast Guard aircraft: program authorization and eligible recipients. Sec. 242. Report on Coast Guard Air Station Barbers Point hangar. Sec. 243. Study on the operational availability of Coast Guard aircraft and strategy for Coast Guard aviation. Subtitle F—Workforce readiness Sec. 251. Authorized strength. Sec. 252. Number and distribution of officers on active duty promotion list. Sec. 253. Continuation on active duty of officers with critical skills. Sec. 254. Career incentive pay for marine inspectors. Sec. 255. Expansion of the ability for selection board to recommend officers of particular merit for promotion. Sec. 256. Pay and allowances for certain members of the Coast Guard during funding gap. Sec. 257. Modification to education loan repayment program. Sec. 258. Retirement of Vice Commandant. Sec. 259. Report on resignation and retirement processing times and denial. Sec. 260. Calculation of active service. Sec. 261. Physical disability evaluation system procedure review. Sec. 262. Expansion of authority for multirater assessments of certain personnel. Sec. 263. Promotion parity. Sec. 264. Partnership program to diversify the Coast Guard. Sec. 265. Expansion of Coast Guard Junior Reserve Officers’ Training Corps. Sec. 266. Improving representation of women and racial and ethnic minorities among Coast Guard active-duty members. Sec. 267. Strategy to enhance diversity through recruitment and accession. Sec. 268. Support for Coast Guard Academy. Sec. 269. Training for congressional affairs personnel. Sec. 270. Strategy for retention of cuttermen. Sec. 271. Study on extremism in the Coast Guard. Sec. 272. Study on performance of Coast Guard Force Readiness Command. Sec. 273. Study on frequency of weapons training for Coast Guard personnel. Subtitle G—Miscellaneous provisions Sec. 281. Budgeting of Coast Guard relating to certain operations. Sec. 282. Coast Guard assistance to United States Secret Service. Sec. 283. Conveyance of Coast Guard vessels for public purposes. Sec. 284. Coast Guard intelligence activities and emergency and extraordinary expenses. Sec. 285. Transfer and conveyance. Sec. 286. Transparency and oversight. Sec. 287. Study on safety inspection program for containers and facilities. TITLE III—Environment Sec. 301. Definition of Secretary. Subtitle A—Marine mammals Sec. 311. Definitions. Sec. 312. Assistance to ports to reduce the impacts of vessel traffic and port operations on marine mammals. Sec. 313. Near real-time monitoring and mitigation program for large cetaceans. Sec. 314. Pilot program to establish a Cetacean Desk for Puget Sound region. Sec. 315. Monitoring ocean soundscapes. Subtitle B—Oil spills Sec. 321. Improving oil spill preparedness. Sec. 322. Western Alaska oil spill planning criteria. Sec. 323. Accident and incident notification relating to pipelines. Sec. 324. Coast Guard claims processing costs. Sec. 325. Calculation of interest on debt owed to the national pollution fund. Sec. 326. Per-incident limitation. Sec. 327. Access to the Oil Spill Liability Trust Fund. Sec. 328. Cost-reimbursable agreements. Sec. 329. Oil spill response review. Sec. 330. Review and report on limited indemnity provisions in standby oil spill response contracts. Sec. 331. Additional exceptions to regulations for towing vessels. Subtitle C—Environmental compliance Sec. 341. Review of anchorage regulations. Sec. 342. Study on impacts on shipping and commercial, Tribal, and recreational fisheries from the development of renewable energy on the West Coast. Subtitle D—Environmental issues Sec. 351. Modifications to the Sport Fish Restoration and Boating Trust Fund administration. Sec. 352. Improvements to Coast Guard communication with North Pacific maritime and fishing industry. Sec. 353. Fishing safety training grants program. Sec. 354. Load lines. Subtitle E—Illegal fishing and forced labor prevention Sec. 361. Definitions. Chapter 1—Combating Human Trafficking Through Seafood Import Monitoring Sec. 362. Enhancement of Seafood Import Monitoring Program Automated Commercial Environment Message Set. Sec. 363. Data sharing and aggregation. Sec. 364. Import audits. Sec. 365. Availability of fisheries information. Sec. 366. Authority to hold fish products. Sec. 367. Report on Seafood Import Monitoring Program. Sec. 368. Authorization of appropriations. Chapter 2—Strengthening international fisheries management To combat human trafficking Sec. 370. Denial of port privileges. Sec. 371. Identification and certification criteria. Sec. 372. Equivalent conservation measures. Sec. 373. Capacity building in foreign fisheries. Sec. 374. Training of United States observers. Sec. 375. Regulations. TITLE IV—Support for Coast Guard workforce Subtitle A—Support for Coast Guard members and families Sec. 401. Coast Guard child care improvements. Sec. 402. Armed Forces access to Coast Guard child care facilities. Sec. 403. Cadet pregnancy policy improvements. Sec. 404. Pilot program for fertility treatments. Sec. 405. Combat-related special compensation. Sec. 406. Restoration of amounts improperly withheld for tax purposes from severance payments to veterans of the Coast Guard with combat-related injuries. Sec. 407. Modification of basic needs allowance for members of the Coast Guard. Sec. 408. Study on food security. Subtitle B—Healthcare Sec. 421. Development of medical staffing standards for the Coast Guard. Sec. 422. Healthcare system review and strategic plan. Sec. 423. Data collection and access to care. Sec. 424. Behavioral health policy. Sec. 425. Members asserting post-traumatic stress disorder or traumatic brain injury. Sec. 426. Improvements to the Physical Disability Evaluation System and transition program. Sec. 427. Expansion of access to counseling. Sec. 428. Expansion of postgraduate opportunities for members of the Coast Guard in medical and related fields. Sec. 429. Study on Coast Guard telemedicine program. Sec. 430. Study on Coast Guard medical facilities needs. Subtitle C—Housing Sec. 441. Strategy to improve quality of life at remote units. Sec. 442. Study on Coast Guard housing access, cost, and challenges. Subtitle D—Other matters Sec. 451. Report on availability of emergency supplies for Coast Guard personnel. TITLE V—Maritime Subtitle A—Vessel safety Sec. 501. Abandoned Seafarer Fund amendments. Sec. 502. Receipts; international agreements for ice patrol services. Sec. 503. Passenger vessel security and safety requirements. Sec. 504. At-sea recovery operations pilot program. Sec. 505. Exoneration and limitation of liability for small passenger vessels. Sec. 506. Moratorium on towing vessel inspection user fees. Sec. 507. Certain historic passenger vessels. Sec. 508. Coast Guard digital registration. Sec. 509. Responses to safety recommendations. Sec. 510. Comptroller General of the United States study and report on the Coast Guard’s oversight of third-party organizations. Subtitle B—Other matters Sec. 521. Definition of a stateless vessel. Sec. 522. Report on enforcement of coastwise laws. Sec. 523. Study on multi-level supply chain security strategy of the Department of Homeland Security. Sec. 524. Study to modernize the merchant mariner licensing and documentation system. Sec. 525. Study and report on development and maintenance of mariner records database. TITLE VI—Sexual assault and sexual harassment prevention and response Sec. 601. Definitions. Sec. 602. Convicted sex offender as grounds for denial. Sec. 603. Accommodation; notices. Sec. 604. Protection against discrimination. Sec. 605. Alcohol at sea. Sec. 606. Sexual harassment or sexual assault as grounds for suspension and revocation. Sec. 607. Surveillance requirements. Sec. 608. Master key control. Sec. 609. Safety management systems. Sec. 610. Requirement to report sexual assault and harassment. Sec. 611. Civil actions for personal injury or death of seamen. Sec. 612. Administration of sexual assault forensic examination kits. Sec. 613. Reports to Congress. Sec. 614. Policy on requests for permanent changes of station or unit transfers by persons who report being the victim of sexual assault. Sec. 615. Sex offenses and personnel records. Sec. 616. Study on Coast Guard oversight and investigations. Sec. 617. Study on Special Victims' Counsel program. TITLE VII—National Oceanic and Atmospheric Administration Subtitle A—National Oceanic and Atmospheric Administration Commissioned Officer Corps Sec. 701. Definitions. Sec. 702. Requirement for appointments. Sec. 703. Repeal of requirement to promote ensigns after 3 years of service. Sec. 704. Authority to provide awards and decorations. Sec. 705. Retirement and separation. Sec. 706. Licensure of health-care professionals. Sec. 707. Improving professional mariner staffing. Sec. 708. Legal assistance. Sec. 709. Acquisition of aircraft for extreme weather reconnaissance. Sec. 710. Report on professional mariner staffing models. Subtitle B—Other Matters Sec. 711. Conveyance of certain property of the National Oceanic and Atmospheric Administration in Juneau, Alaska. TITLE VIII—Technical, conforming, and clarifying amendments Sec. 801. Technical corrections. Sec. 802. Reinstatement. Sec. 803. Terms and vacancies. 2. Definition of Commandant In this Act, the term Commandant I Authorizations 101. Authorization of appropriations Section 4902 of title 14, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking fiscal years 2020 and 2021 fiscal years 2022 and 2023 (2) in paragraph (1)— (A) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: (i) $10,000,000,000 for fiscal year 2022; and (ii) $10,750,000,000 for fiscal year 2023. ; (B) in subparagraph (B), by striking $17,035,000 $23,456,000 (C) in subparagraph (C), by striking , (A)(ii) $17,376,000 (A)(ii), $24,353,000 (3) in paragraph (2)— (A) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: (i) $2,459,100,000 for fiscal year 2022; and (ii) $3,477,600,000 for fiscal year 2023. ; and (B) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following: (i) $20,400,000 for fiscal year 2022; and (ii) $20,808,000 for fiscal year 2023. ; (4) in paragraph (3), by striking subparagraphs (A) and (B) and inserting the following: (A) $7,476,000 for fiscal year 2022; and (B) $14,681,084 for fiscal year 2023. ; and (5) in paragraph (4), by striking subparagraphs (A) and (B) and inserting the following: (A) $240,577,000 for fiscal year 2022; and (B) $252,887,000 for fiscal year 2023. . 102. Authorized levels of military strength and training Section 4904 of title 14, United States Code, is amended— (1) in subsection (a), by striking fiscal years 2020 and 2021 fiscal years 2022 and 2023 (2) in subsection (b), in the matter preceding paragraph (1), by striking fiscal years 2020 and 2021 fiscal years 2022 and 2023 103. Authorization for shoreside infrastructure and facilities (a) In general In addition to the amounts authorized to be appropriated under section 4902(2)(A) of title 14, United States Code, as amended by section 101 of this Act, for fiscal years 2023 through 2028— (1) $3,000,000,000 is authorized to fund maintenance, new construction, and repairs needed for Coast Guard shoreside infrastructure; (2) $160,000,000 is authorized to fund phase two of the recapitalization project at Coast Guard Training Center Cape May in Cape May, New Jersey, to improve recruitment and training of a diverse Coast Guard workforce; and (3) $80,000,000 is authorized for the construction of additional new childcare development centers not constructed using funds authorized by the Infrastructure Investment and Jobs Act ( Public Law 117–58 (b) Coast Guard Yard resilient infrastructure and construction improvement In addition to the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 101 of this Act— (1) $400,000,000 is authorized for fiscal years 2023 through 2028 for the Secretary of the department in which the Coast Guard is operating for the purposes of improvements to facilities of the Yard; and (2) $236,000,000 is authorized for the acquisition of a new floating drydock, to remain available until expended. 104. Authorization for acquisition of vessels In addition to the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 101 of this Act, for fiscal years 2023 through 2028— (1) $350,000,000 is authorized for the acquisition of a Great Lakes icebreaker that is at least as capable as Coast Guard cutter Mackinaw (WLBB–30); (2) $172,500,000 is authorized for the program management, design, and acquisition of 12 Pacific Northwest heavy weather boats that are at least as capable as the Coast Guard 52-foot motor surfboat; (3) $841,000,000 is authorized for the third Polar Security Cutter; (4) $20,000,000 is authorized for initiation of activities to support acquisition of the Arctic Security Cutter class, including program planning and requirements development to include the establishment of an Arctic Security Cutter Program Office; (5) $650,000,000 is authorized for the continued acquisition of Offshore Patrol Cutters; and (6) $650,000,000 is authorized for a twelfth National Security Cutter. 105. Authorization for the childcare subsidy program In addition to the amounts authorized to be appropriated under section 4902(1)(A) of title 14, United States Code, $25,000,000 is authorized to the Commandant for each of fiscal years 2023 and 2024 for the childcare subsidy program. II Coast Guard A Infrastructure and assets 201. Report on shoreside infrastructure and facilities needs Not less frequently than annually, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) a detailed list of shoreside infrastructure needs for all Coast Guard facilities located within each Coast Guard District in the order of priority, including recapitalization, maintenance needs in excess of $25,000, and other shoreside infrastructure needs of the Coast Guard; (2) the estimated cost of projects to fulfill such needs, to the extent available; and (3) a general description of the state of planning for each such project. 202. Fleet mix analysis and shore infrastructure investment plan (a) Fleet mix analysis (1) In general The Commandant shall conduct an updated fleet mix analysis that provides for a fleet mix sufficient, as determined by the Commandant— (A) to carry out— (i) the missions of the Coast Guard; and (ii) emerging mission requirements; and (B) to address— (i) national security threats; and (ii) the global deployment of the Coast Guard to counter great power competitors. (2) Report Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to Congress a report on the results of the updated fleet mix analysis required by paragraph (1). (b) Shore infrastructure investment plan (1) In general The Commandant shall develop an updated shore infrastructure investment plan that includes— (A) the construction of additional facilities to accommodate the updated fleet mix described in subsection (a)(1); (B) improvements necessary to ensure that existing facilities meet requirements and remain operational for the lifespan of such fleet mix, including necessary improvements to information technology infrastructure; (C) a timeline for the construction and improvement of the facilities described in subparagraphs (A) and (B); and (D) a cost estimate for construction and life-cycle support of such facilities, including for necessary personnel. (2) Report Not later than 1 year after the date on which the report under subsection (a)(2) is submitted, the Commandant shall submit to Congress a report on the plan required by paragraph (1). 203. Acquisition life-cycle cost estimates Section 1132(e) of title 14, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following: (2) Types of estimates For each Level 1 or Level 2 acquisition project or program, in addition to life-cycle cost estimates developed under paragraph (1), the Commandant shall require— (A) such life-cycle cost estimates to be updated before— (i) each milestone decision is concluded; and (ii) the project or program enters a new acquisition phase; and (B) an independent cost estimate or independent cost assessment, as appropriate, to be developed to validate such life-cycle cost estimates. . 204. Report and briefing on resourcing strategy for Western Pacific Region (a) Report (1) In general Not later than 1 year after the date of the enactment of this Act, the Commandant, in consultation with the Coast Guard Commander of the Pacific Area, the Commander of United States Indo-Pacific Command, and the Under Secretary of Commerce for Oceans and Atmosphere, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report outlining the Coast Guard’s resourcing needs to achieve optimum operations in the Western Pacific region. (2) Elements The report required under paragraph (1) shall include the following: (A) An assessment of the risks and associated needs— (i) to United States strategic maritime interests, in particular such interests in areas west of the International Date Line, including risks to bilateral maritime partners of the United States, posed by not fully staffing and equipping Coast Guard operations in the Western Pacific region; (ii) to the Coast Guard mission and force posed by not fully staffing and equipping Coast Guard operations in the Western Pacific region; and (iii) to support the call of the President, as set forth in the Indo-Pacific Strategy, to expand Coast Guard presence and cooperation in Southeast Asia, South Asia, and the Pacific Islands, with a focus on advising, training, deployment, and capacity-building. (B) A description of the additional resources, including shoreside resources, required to fully implement the needs described in subparagraph (A), including the United States commitment to bilateral fisheries law enforcement in the Pacific Ocean. (C) A description of the operational and personnel assets required and a dispersal plan for available and projected future Coast Guard cutters and aviation forces to conduct optimum operations in the Western Pacific region. (D) An analysis with respect to whether a national security cutter or fast response cutter located at a United States military installation in a foreign country in the Western Pacific Region would enhance United States national security, partner country capacity building, and prevention and effective response to illegal, unreported, and unregulated fishing. (E) An assessment of the benefits and associated costs involved in— (i) increasing staffing of Coast Guard personnel within the command elements of United States Indo-Pacific Command or subordinate commands; and (ii) designating a Coast Guard patrol force under the direct authority of the Commander of the United States Indo-Pacific Command with associated forward-based assets and personnel. (F) An identification of any additional authority necessary, including proposals for legislative change, to meet the needs identified in accordance with subparagraphs (A) through (E) and any other mission requirement in the Western Pacific region. (3) Form The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex. (b) Briefing Not later than 60 days after the date on which the Commandant submits the report under subsection (a), the Commandant, or a designated individual, shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the findings and conclusions of such report. 205. Study and report on national security and drug trafficking threats in the Florida Straits and Caribbean region, including Cuba (a) In general The Commandant shall conduct a study on national security, drug trafficking, and other relevant threats as the Commandant considers appropriate, in the Florida Straits and Caribbean region, including Cuba. (b) Elements The study required by subsection (a) shall include the following: (1) An assessment of— (A) new technology and evasive maneuvers used by transnational criminal organizations to evade detection and interdiction by Coast Guard law enforcement units and interagency partners; and (B) capability gaps of the Coast Guard with respect to— (i) the detection and interdiction of illicit drugs in the Florida Straits and Caribbean region, including Cuba; and (ii) the detection of national security threats in such region. (2) An identification of— (A) the critical technological advancements required for the Coast Guard to meet current and anticipated threats in such region; (B) the capabilities required to enhance information sharing and coordination between the Coast Guard and interagency partners, foreign governments, and related civilian entities; and (C) any significant new or developing threat to the United States posed by illicit actors in such region. (c) Report Not later than 2 years after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under subsection (a). 206. Coast Guard Yard (a) In general With respect to the Coast Guard Yard, the purposes of the authorization under section 103(b) are— (1) to improve resilience and capacity; (2) to maintain and expand Coast Guard organic manufacturing capacity; (3) to expand training and recruitment; (4) to enhance safety; (5) to improve environmental compliance; and (6) to ensure that the Coast Guard Yard is prepared to meet the growing needs of the modern Coast Guard fleet. (b) Inclusions The Secretary of the department in which the Coast Guard is operating shall ensure that the Coast Guard Yard receives improvements that include the following: (1) Facilities upgrades needed to improve resilience of the shipyard, its facilities, and associated infrastructure. (2) Acquisition of a large-capacity drydock. (3) Improvements to piers and wharves, drydocks, and capital equipment utilities. (4) Environmental remediation. (5) Construction of a new warehouse and paint facility. (6) Acquisition of a new travel lift. (7) Dredging necessary to facilitate access to the Coast Guard Yard. (c) Workforce development plan Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a workforce development plan that— (1) outlines the workforce needs of the Coast Guard Yard with respect to civilian employees and active duty members of the Coast Guard, including engineers, individuals engaged in trades, cyber specialists, and other personnel necessary to meet the evolving mission set of the Coast Guard Yard; and (2) includes recommendations for Congress with respect to the authorities, training, funding, and civilian and active-duty recruitment, including the recruitment of women and underrepresented minorities, necessary to meet workforce needs of the Coast Guard Yard for the 10-year period beginning on the date of submission of the plan. 207. Authority to enter into transactions other than contracts and grants to procure cost-effective technology for mission needs (a) In general Subchapter III of chapter 11 1158. Authority to enter into transactions other than contracts and grants to procure cost-effective, advanced technology for mission-critical needs (a) In general Subject to subsections (b) and (c), the Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) to develop prototypes for, and to operate and procure, cost-effective technology for the purpose of meeting the mission needs of the Coast Guard. (b) Procurement and acquisition Procurement or acquisition of technologies under subsection (a) shall be— (1) carried out in accordance with this title and Coast Guard policies and guidance; and (2) consistent with the operational requirements of the Coast Guard. (c) Limitations (1) In general The Commandant may not enter into a transaction under subsection (a) with respect to a technology that— (A) does not comply with the cybersecurity standards of the Coast Guard; or (B) is sourced from an entity domiciled in the People’s Republic of China, unless the Commandant determines that the prototype, operation, or procurement of such a technology is for the purpose of— (i) counter-UAS operations, surrogate testing, or training; or (ii) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training. (2) Waiver The Commandant may waive the application under paragraph (1) on a case-by-case basis by certifying in writing to the Secretary of Homeland Security and the appropriate committees of Congress that the prototype, operation, or procurement of the applicable technology is in the national interests of the United States. (d) Education and training The Commandant shall ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section, or other innovative forms of contracting, are provided opportunities for adequate education and training with respect to the authority under this section. (e) Report (1) In general Not later than 5 years after the date of the enactment of this section, the Commandant shall submit to the appropriate committees of Congress a report that— (A) describes the use of the authority pursuant to this section; and (B) assesses the mission and operational benefits of such authority. (2) Appropriate committees of congress defined In this subsection, the term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (f) Regulations The Commandant shall prescribe regulations as necessary to carry out this section. (g) Definitions of unmanned aircraft, unmanned aircraft system, and counter-UAS In this section, the terms unmanned aircraft unmanned aircraft system counter-UAS . (b) Clerical amendment The analysis for subchapter II of chapter 11 1158. Authority to enter into transactions other than contracts and grants to procure cost-effective technology for mission needs. . 208. Improvements to infrastructure and operations planning (a) In general Not later than 1 year after the date of the enactment of this Act, the Commandant shall incorporate the most recent oceanic and atmospheric data relating to the increasing rates of extreme weather, including flooding, into planning scenarios for Coast Guard infrastructure and mission deployments with respect to all Coast Guard Missions. (b) Coordination with National Oceanic and Atmospheric Administration In carrying out subsection (a), the Commandant shall— (1) coordinate with the Under Secretary of Commerce for Oceans and Atmosphere to ensure the incorporation of the most recent environmental and climatic data; and (2) request technical assistance and advice from the Under Secretary in planning scenarios, as appropriate. (c) Briefing Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the manner in which the best-available science from the National Oceanic and Atmospheric Administration has been incorporated into at least 1 key mission area of the Coast Guard, and the lessons learned from so doing. B Great Lakes 211. Great Lakes winter commerce (a) In general Subchapter IV of chapter 5 564. Great Lakes icebreaking operations (a) GAO report (1) In general Not later than 1 year after the date of the enactment of this section, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Coast Guard Great Lakes icebreaking program. (2) Elements The report required under paragraph (1) shall include the following: (A) An evaluation of the economic impact of vessel delays or cancellations associated with ice coverage on the Great Lakes. (B) An evaluation of mission needs of the Coast Guard Great Lakes icebreaking program. (C) An evaluation of the impact that the proposed standards described in subsection (b) would have on— (i) Coast Guard operations in the Great Lakes; (ii) Northeast icebreaking missions; and (iii) inland waterway operations. (D) A fleet mix analysis for meeting such proposed standards. (E) A description of the resources necessary to support the fleet mix resulting from such fleet mix analysis, including for crew and operating costs. (F) Recommendations to the Commandant for improvements to the Great Lakes icebreaking program, including with respect to facilitating commerce and meeting all Coast Guard mission needs. (b) Proposed standards for icebreaking operations The proposed standards described in this subsection are the following: (1) Except as provided in paragraph (2), the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation during not less than 90 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways. (2) In a year in which the Great Lakes are not open to navigation because of ice of a thickness that occurs on average only once every 10 years, the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation during not less than 70 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways. (c) Report by commandant Not later than 90 days after the date on which the Comptroller General submits the report under subsection (a), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes the following: (1) A plan for Coast Guard implementation of any recommendation made by the Comptroller General under subparagraph (F) of subsection (a)(2) the Commandant considers appropriate. (2) With respect to any recommendation made under such subparagraph that the Commandant declines to implement, a justification for such decision. (3) A review of, and a proposed implementation plan for, the results of the fleet mix analysis under subparagraph (D) of that subsection. (4) Any proposed modifications to the standards for icebreaking operations in the Great Lakes. (d) Definitions In this section: (1) Commercial vessel The term commercial vessel (2) Great Lakes The term Great Lakes (3) Ice-covered waterway The term ice-covered waterway (4) Open to navigation The term open to navigation (A) to extricate vessels and individuals from danger; (B) to prevent damage due to flooding; (C) to meet the reasonable demands of commerce; (D) to minimize delays to passenger ferries; and (E) to conduct other Coast Guard missions as required. (5) Reasonable demands of commerce The term reasonable demands of commerce . (b) Clerical amendment The analysis for chapter 5 564. Great Lakes icebreaking operations. . 212. Database on icebreaking operations in the Great Lakes (a) In general The Commandant shall establish and maintain a database for collecting, archiving, and disseminating data on icebreaking operations and commercial vessel and ferry transit in the Great Lakes during ice season. (b) Elements The database required under subsection (a) shall include the following: (1) Attempts by commercial vessels and ferries to transit ice-covered waterways in the Great Lakes that are unsuccessful because of inadequate icebreaking. (2) The period of time that each commercial vessel or ferry was unsuccessful at so transiting due to inadequate icebreaking. (3) The amount of time elapsed before each such commercial vessel or ferry was successfully broken out of the ice and whether it was accomplished by the Coast Guard or by commercial icebreaking assets. (4) Relevant communications of each such commercial vessel or ferry with the Coast Guard and with commercial icebreaking services during such period. (5) A description of any mitigating circumstance, such as Coast Guard icebreaker diversions to higher priority missions, that may have contributed to the amount of time described in paragraph (3). (c) Voluntary reporting Any reporting by operators of commercial vessels or ferries under this section shall be voluntary. (d) Public availability The Commandant shall make the database available to the public on a publicly accessible internet website of the Coast Guard. (e) Consultation with industry With respect to the Great Lakes icebreaking operations of the Coast Guard and the development of the database required under subsection (a), the Commandant shall consult operators of commercial vessels and ferries. (f) Definitions In this section: (1) Commercial vessel The term commercial vessel (2) Great lakes The term Great Lakes (3) Ice-covered waterway The term ice-covered waterway (4) Open to navigation The term open to navigation (A) to extricate vessels and individuals from danger; (B) to prevent damage due to flooding; (C) to meet the reasonable demands of commerce; (D) to minimize delays to passenger ferries; and (E) to conduct other Coast Guard missions as required. (5) Reasonable demands of commerce The term reasonable demands of commerce (g) Public report Not later than July 1 after the first winter in which the Commandant is subject to the requirements of section 564 of title 14, United States Code, the Commandant shall publish on a publicly accessible internet website of the Coast Guard a report on the cost to the Coast Guard of meeting the requirements of that section. 213. Great Lakes snowmobile acquisition plan (a) In general The Commandant shall develop a plan to expand snowmobile procurement for Coast Guard units at which snowmobiles may improve ice rescue response times while maintaining the safety of Coast Guard personnel engaged in search and rescue. The plan must include consideration of input from Officers in Charge, Commanding Officers, and Commanders of impacted units. (b) Elements The plan required by subsection (a) shall include— (1) a consideration of input from officers in charge, commanding officers, and commanders of affected Coast Guard units; (2) a detailed description of the estimated costs of procuring, maintaining, and training members of the Coast Guard at affected units to use snowmobiles; and (3) an assessment of— (A) the degree to which snowmobiles may improve ice rescue response times while maintaining the safety of Coast Guard personnel engaged in search and rescue; (B) the operational capabilities of a snowmobile, as compared to an airboat, and a force laydown assessment with respect to the assets needed for effective operations at Coast Guard units conducting ice rescue activities; and (C) the potential risks to members of the Coast Guard and members of the public posed by the use of snowmobiles by members of the Coast Guard for ice rescue activities. (c) Public availability Not later than 1 year after the date of the enactment of this Act, the Commandant shall finalize the plan required by subsection (a) and make the plan available on a publicly accessible internet website of the Coast Guard. 214. Great Lakes barge inspection exemption Section 3302(m) of title 46, United States Code, is amended— (1) in the matter preceding paragraph (1), by inserting or a Great Lakes barge seagoing barge (2) by striking section 3301(6) of this title paragraph (6) or (13) of section 3301 of this title 215. Study on sufficiency of Coast Guard aviation assets to meet mission demands (a) In general Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on— (1) the force laydown of Coast Guard aviation assets; and (2) any geographic gaps in coverage by Coast Guard assets in areas in which the Coast Guard has search and rescue responsibilities. (b) Elements The report required by subsection (a) shall include the following: (1) The distance, time, and weather challenges that MH–65 and MH–60 units may face in reaching the outermost limits of the area of operation of Coast Guard District 9 for which such units are responsible. (2) An assessment of the advantages that Coast Guard fixed-wing assets, or an alternate rotary wing asset, would offer to the outermost limits of any area of operation for purposes of search and rescue, law enforcement, ice operations, and logistical missions. (3) A comparison of advantages and disadvantages of the manner in which each of the Coast Guard fixed-wing aircraft would operate in the outermost limits of any area of operation. (4) A specific assessment of the coverage gaps, including gaps in fixed-wing coverage, and potential solutions to address such gaps in the area of operation of Coast Guard District 9, including the eastern region of such area of operation. C Arctic 221. Establishment of the Arctic Security Cutter Program Office (a) In general Not later than 90 days after the date of the enactment of this Act, the Commandant shall establish a program office for the acquisition of the Arctic Security Cutter to expedite the evaluation of requirements and initiate design of a vessel class critical to the national security of the United States. (b) Design phase Not later than 270 days after the date of the enactment of this Act, the Commandant shall initiate the design phase of the Arctic Security Cutter vessel class. (c) Quarterly briefings Not less frequently than quarterly until the date on which the contract for acquisition of the Arctic Security Cutter is awarded, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of requirements evaluations, design of the vessel, and schedule of the program. 222. Arctic activities (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (2) Arctic The term Arctic 15 U.S.C. 4111 (b) Arctic operational implementation report Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit a report to the appropriate committees of Congress that describes the ability and timeline to conduct a transit of the Northern Sea Route and periodic transits of the Northwest Passage. 223. Study on Arctic operations and infrastructure (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the Arctic operations and infrastructure of the Coast Guard. (b) Elements The study required under subsection (a) shall assess the following: (1) The extent of the collaboration between the Coast Guard and the Department of Defense to assess, manage, and mitigate security risks in the Arctic region. (2) Actions taken by the Coast Guard to manage risks to Coast Guard operations, infrastructure, and workforce planning in the Arctic. (3) The plans the Coast Guard has in place for managing and mitigating the risks to commercial maritime operations and the environment in the Arctic region. (c) Report Not later than 1 year after commencing the study required under subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. D Maritime cyber and artificial intelligence 231. Enhancing maritime cybersecurity (a) Definitions In this section: (1) Cyber incident The term cyber incident (A) means an event occurring on or conducted through a computer network that actually or imminently jeopardizes the integrity, confidentiality, or availability of computers, information or communications systems or networks, physical or virtual infrastructure controlled by computers or information systems, or information resident thereon; and (B) includes a vulnerability in an information system, system security procedures, internal controls, or implementation that could be exploited by a threat source. (2) Maritime operators The term maritime operators (3) Significant cyber incident The term significant cyber incident (4) Port facilities The term port facilities facility (b) Public availability of cybersecurity tools and resources (1) In general Not later than 2 years after the date of the enactment of this Act, the Commandant, in coordination with the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology, shall identify and make available to the public a list of tools and resources, including the resources of the Coast Guard and the Cybersecurity and Infrastructure Security Agency, designed to assist maritime operators in identifying, detecting, protecting against, responding to, and recovering from significant cyber incidents. (2) Identification In carrying out paragraph (1), the Commandant, the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology shall identify tools and resources that— (A) comply with the cybersecurity framework for improving critical infrastructure established by the National Institute of Standards and Technology; or (B) use the guidelines on maritime cyber risk management issued by the International Maritime Organization on July 5, 2017 (or successor guidelines). (3) Consultation (A) In general The Commandant, the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology may consult with maritime operators, other Federal agencies, industry stakeholders, and cybersecurity experts to identify tools and resources for purposes of this section. (B) Inapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the consultation described in subparagraph (A) or to any other action in support of the implementation of this section. 232. Establishment of unmanned system program and autonomous control and computer vision technology project (a) In general Section 319 of title 14, United States Code, is amended to read as follows: 319. Unmanned system program and autonomous control and computer vision technology project (a) Unmanned system program The Secretary shall establish, under the control of the Commandant, an unmanned system program for the use by the Coast Guard of land-based, cutter-based, and aircraft-based unmanned systems for the purpose of increasing effectiveness and efficiency of mission execution. (b) Autonomous control and computer vision technology project (1) In general The Commandant shall conduct a project to retrofit 2 or more existing Coast Guard small boats deployed at operational units with— (A) commercially available autonomous control and computer vision technology; and (B) such sensors and methods of communication as are necessary to control, and technology to assist in conducting, search and rescue, surveillance, and interdiction missions. (2) Data collection As part of the project required by paragraph (1), the Commandant shall collect and evaluate field-collected operational data from the retrofit described in that paragraph so as to inform future requirements. (3) Briefing Not later than 180 days after the date on which the project required under paragraph (1) is completed, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the project that includes an evaluation of the data collected from the project. (c) Unmanned system defined In this section, the term unmanned system (1) an unmanned aircraft system (as defined in section 331 of the Federal Aviation Administration Modernization and Reform Act of 2012 ( Public Law 112–95 49 U.S.C. 44802 (2) an unmanned marine surface system; and (3) an unmanned marine subsurface system. (d) Cost assessment Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to Congress an estimate of the costs associated with implementing the amendments made by this section. . (b) Clerical amendment The analysis for chapter 3 319. Unmanned system program and autonomous control and computer vision technology project. . 233. Artificial intelligence strategy (a) Establishment of activities (1) In general The Commandant shall establish a set of activities to coordinate the efforts of the Coast Guard to develop and mature artificial intelligence technologies and transition such technologies into operational use where appropriate. (2) Emphasis The set of activities established under paragraph (1) shall— (A) apply artificial intelligence and machine-learning solutions to operational and mission-support problems; and (B) coordinate activities involving artificial intelligence and artificial intelligence-enabled capabilities within the Coast Guard. (b) Designated official (1) In general Not later than 1 year after the date of the enactment of this Act, the Commandant shall designate a senior official of the Coast Guard (referred to in this section as the designated official (2) Duties (A) Strategic plan (i) In general The designated official shall develop a detailed strategic plan to develop, mature, adopt, and transition artificial intelligence technologies into operational use where appropriate. (ii) Elements The plan required by clause (i) shall include the following: (I) A strategic roadmap for the identification and coordination of the development and fielding of artificial intelligence technologies and key enabling capabilities. (II) The continuous evaluation and adaptation of relevant artificial intelligence capabilities developed by the Coast Guard and by other organizations for military missions and business operations. (iii) Coordination In developing the plan required by clause (i), the designated official shall coordinate and engage with the Secretary of Defense and the Joint Artificial Intelligence Center. (iv) Submission to Commandant Not later than 2 years after the date of the enactment of this Act, the designated official shall submit to the Commandant the plan developed under clause (i). (B) Governance and oversight of artificial intelligence and machine learning policy The designated official shall regularly convene appropriate officials of the Coast Guard— (i) to integrate the functional activities of the Coast Guard with respect to artificial intelligence and machine learning; (ii) to ensure that there are efficient and effective artificial intelligence and machine-learning capabilities throughout the Coast Guard; and (iii) to develop and continuously improve research, innovation, policy, joint processes, and procedures to facilitate the development, acquisition, integration, advancement, oversight, and sustainment of artificial intelligence and machine learning throughout the Coast Guard. (c) Acceleration of development and fielding of artificial intelligence To the extent practicable, the Commandant, in conjunction with the Secretary of Defense and the Joint Artificial Intelligence Center, shall— (1) use the flexibility of regulations, personnel, acquisition, partnerships with industry and academia, or other relevant policies of the Coast Guard to accelerate the development and fielding of artificial intelligence capabilities; (2) ensure engagement with defense and private industries, research universities, and unaffiliated, nonprofit research institutions; (3) provide technical advice and support to entities in the Coast Guard to optimize the use of artificial intelligence and machine-learning technologies to meet Coast Guard missions; (4) support the development of requirements for artificial intelligence capabilities that address the highest priority capability gaps of the Coast Guard and technical feasibility; (5) develop and support capabilities for technical analysis and assessment of threat capabilities based on artificial intelligence; (6) identify the workforce and capabilities needed to support the artificial intelligence capabilities and requirements of the Coast Guard; (7) develop classification guidance for all artificial intelligence-related activities of the Coast Guard; (8) work with appropriate officials to develop appropriate ethical, legal, and other policies for the Coast Guard governing the development and use of artificial intelligence-enabled systems and technologies in operational situations; and (9) ensure— (A) that artificial intelligence programs of the Coast Guard are consistent with this section; and (B) appropriate coordination of artificial intelligence activities of the Coast Guard with interagency, industry, and international efforts relating to artificial intelligence, including relevant participation in standards-setting bodies. (d) Strategic plan (1) In general The Commandant shall develop a strategic plan to develop, mature, adopt, and transition artificial intelligence technologies into operational use where appropriate, that is informed by the plan developed by the designated official under subsection (b)(2)(A). (2) Elements The plan required by paragraph (1) shall include the following: (A) Each element described in clause (ii) of subsection (b)(2)(A). (B) A consideration of the identification, adoption, and procurement of artificial intelligence technologies for use in operational and mission support activities. (3) Coordination In developing the plan required by paragraph (1), the Commandant shall coordinate and engage with the Secretary of Defense, the Chief Digital and Artificial Intelligence Office, defense and private industries, research universities, and unaffiliated, nonprofit research institutions. (4) Submission to Congress Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the plan developed under paragraph (1). 234. Review of artificial intelligence applications and establishment of performance metrics (a) In general Not later than 2 years after the date of the enactment of this Act, the Commandant shall— (1) review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Coast Guard; (2) identify the resources necessary to improve the use of artificial intelligence and digital technology in such platforms, processes, and operations; and (3) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations. (b) Performance objectives and accompanying metrics (1) Skill gaps In carrying out subsection (a), the Commandant shall— (A) conduct a comprehensive review and assessment of— (i) skill gaps in the fields of software development, software engineering, data science, and artificial intelligence; (ii) the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and (iii) the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and (B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Coast Guard for skilled personnel. (2) AI modernization activities In carrying out subsection (a), the Commandant, with support from the Director of the Joint Artificial Intelligence Center, shall— (A) assess investment by the Coast Guard in artificial intelligence innovation, science and technology, and research and development; (B) assess investment by the Coast Guard in test and evaluation of artificial intelligence capabilities; (C) assess the integration of, and the resources necessary to better use artificial intelligence in wargames, exercises, and experimentation; (D) assess the application of, and the resources necessary to better use, artificial intelligence in logistics and sustainment systems; (E) assess the integration of, and the resources necessary to better use, artificial intelligence for administrative functions; (F) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Coast Guard; and (G) identify the resources necessary to effectively use artificial intelligence to carry out the missions of the Coast Guard. (c) Report to Congress Not later than 180 days after the completion of the review required by subsection (a)(1), the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report on— (1) the findings of the Commandant with respect to such review and any action taken or proposed to be taken by the Commandant, and the resources necessary to address such findings; (2) the performance objectives and accompanying metrics established under subsections (a)(3) and (b)(1)(B); and (3) any recommendation with respect to proposals for legislative change necessary to successfully implement artificial intelligence applications within the Coast Guard. 235. Cyber data management (a) In general The Commandant, in coordination with the Commander of United States Cyber Command, and the Director of the Cybersecurity and Infrastructure Security Agency, shall— (1) develop policies, processes, and operating procedures governing— (A) access to and the ingestion, structure, storage, and analysis of information and data relevant to the Coast Guard Cyber Mission, including— (i) intelligence data relevant to Coast Guard missions; (ii) internet traffic, topology, and activity data relevant to such missions; and (iii) cyber threat information relevant to such missions; and (B) data management and analytic platforms relating to such missions; and (2) evaluate data management platforms referred to in paragraph (1)(B) to ensure that such platforms operate consistently with the Coast Guard Data Strategy. (b) Report Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) an assessment of the progress on the activities required by subsection (a); and (2) any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to improve Coast Guard cyber data management. 236. Data management The Commandant shall develop data workflows and processes for the leveraging of mission-relevant data by the Coast Guard to enhance operational effectiveness and efficiency. 237. Study on cyber threats to the United States marine transportation system (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on cyber threats to the United States marine transportation system. (b) Elements The study required by paragraph (1) shall assess the following: (1) The extent to which the Coast Guard, in collaboration with other Federal agencies, sets standards for the cybersecurity of facilities and vessels regulated under part 104, 105, or 106 of title 33 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act. (2) The manner in which the Coast Guard ensures cybersecurity standards are followed by port, vessel, and facility owners and operators. (3) The extent to which maritime sector-specific planning addresses cybersecurity, particularly for vessels and offshore platforms. (4) The manner in which the Coast Guard, other Federal agencies, and vessel and offshore platform operators exchange information regarding cyber risks. (5) The extent to which the Coast Guard is developing and deploying cybersecurity specialists in port and vessel systems and collaborating with the private sector to increase the expertise of the Coast Guard with respect to cybersecurity. (6) The cyber resource and workforce needs of the Coast Guard necessary to meet future mission demands. (c) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit a report on the findings of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (d) Definition of facility In this section the term facility E Aviation 241. Space-available travel on Coast Guard aircraft: program authorization and eligible recipients (a) In general Subchapter I of chapter 5 509. Space-available travel on Coast Guard aircraft (a) (1) The Coast Guard may establish a program to provide transportation on Coast Guard aircraft on a space-available basis to the categories of eligible individuals described in subsection (c) (in this section referred to as the program (2) Not later than 1 year after the date on which the program is established, the Commandant shall develop a policy for its operation. (b) (1) The Commandant shall operate the program in a budget-neutral manner. (2) (A) Except as provided in subparagraph (B), no additional funds may be used, or flight hours performed, for the purpose of providing transportation under the program. (B) The Commandant may make de minimis expenditures of resources required for the administrative aspects of the program. (3) Eligible individuals described in subsection (c) shall not be required to reimburse the Coast Guard for travel provided under this section. (c) Subject to subsection (d), the categories of eligible individuals described in this subsection are the following: (1) Members of the armed forces on active duty. (2) Members of the Selected Reserve who hold a valid Uniformed Services Identification and Privilege Card. (3) Retired members of a regular or reserve component of the armed forces, including retired members of reserve components who, but for being under the eligibility age applicable under section 12731 of title 10, would be eligible for retired pay under chapter 1223 (4) Subject to subsection (f), veterans with a permanent service-connected disability rated as total. (5) Such categories of dependents of individuals described in paragraphs (1) through (3) as the Commandant shall specify in the policy under subsection (a)(2), under such conditions and circumstances as the Commandant shall specify in such policy. (6) Such other categories of individuals as the Commandant, in the discretion of the Commandant, considers appropriate. (d) In operating the program, the Commandant shall— (1) in the sole discretion of the Commandant, establish an order of priority for transportation for categories of eligible individuals that is based on considerations of military necessity, humanitarian concerns, and enhancement of morale; (2) give priority in consideration of transportation to the demands of members of the armed forces in the regular components and in the reserve components on active duty and to the need to provide such members, and their dependents, a means of respite from such demands; and (3) implement policies aimed at ensuring cost control (as required by subsection (b)) and the safety, security, and efficient processing of travelers, including limiting the benefit under the program to 1 or more categories of otherwise eligible individuals, as the Commandant considers necessary. (e) (1) Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the program, the Commandant shall provide transportation for an individual described in paragraph (2), and a single dependent of the individual if needed to accompany the individual, at a priority level in the same category as the priority level for an unaccompanied dependent over the age of 18 years traveling on environmental and morale leave. (2) Subject to paragraph (3), paragraph (1) applies with respect to an individual described in subsection (c)(3) who— (A) resides in or is located in a Commonwealth or possession of the United States; and (B) is referred by a military or civilian primary care provider located in that Commonwealth or possession to a specialty care provider for services to be provided outside of that Commonwealth or possession. (3) If an individual described in subsection (c)(3) is a retired member of a reserve component who is ineligible for retired pay under chapter 1223 (4) The priority for space-available transportation required by this subsection applies with respect to— (A) the travel from the Commonwealth or possession of the United States to receive the specialty care services; and (B) the return travel. (5) In this subsection, the terms primary care provider specialty care provider chapter 55 (f) (1) Travel may not be provided under this section to a veteran eligible for travel pursuant to paragraph (4) of subsection (c) in priority over any member eligible for travel under paragraph (1) of that subsection or any dependent of such a member eligible for travel under this section. (2) Subsection (c)(4) may not be construed as— (A) affecting or in any way imposing on the Coast Guard, any armed force, or any commercial entity with which the Coast Guard or an armed force contracts, an obligation or expectation that the Coast Guard or such armed force will retrofit or alter, in any way, military aircraft or commercial aircraft, or related equipment or facilities, used or leased by the Coast Guard or such armed force to accommodate passengers provided travel under such authority on account of disability; or (B) preempting the authority of an aircraft commander to determine who boards the aircraft and any other matters in connection with safe operation of the aircraft. (g) The authority to provide transportation under the program is in addition to any other authority under law to provide transportation on Coast Guard aircraft on a space-available basis. . (b) Clerical amendment The analysis for subchapter I of chapter 5 509. Space-available travel on Coast Guard aircraft. . 242. Report on Coast Guard Air Station Barbers Point hangar (a) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report on facilities requirements for constructing a hangar at Coast Guard Air Station Barbers Point at Oahu, Hawaii. (b) Elements The report required by subsection (a) shall include the following: (1) A description of the $45,000,000 phase one design for the hangar at Coast Guard Air Station Barbers Point funded by the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (2) An evaluation of the full facilities requirements for such hangar to house, maintain, and operate the MH–65 and HC–130J, including— (A) storage and provision of fuel; and (B) maintenance and parts storage facilities. (3) An evaluation of facilities growth requirements for possible future basing of the MH–60 with the C–130J at Coast Guard Air Station Barbers Point. (4) A description of and cost estimate for each project phase for the construction of such hangar. (5) A description of the plan for sheltering in the hangar during extreme weather events aircraft of the Coast Guard and partner agencies, such as the National Oceanic and Atmospheric Administration. (6) A description of the risks posed to operations at Coast Guard Air Station Barbers Point if future project phases for the construction of such hangar are not funded. 243. Study on the operational availability of Coast Guard aircraft and strategy for Coast Guard aviation (a) Study (1) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the operational availability of Coast Guard aircraft. (2) Elements The study required by paragraph (1) shall include the following: (A) An assessment of— (i) the extent to which the fixed-wing and rotary-wing aircraft of the Coast Guard have met annual operational availability targets in recent years; (ii) the challenges the Coast Guard may face with respect to such aircraft meeting operational availability targets, and the effects of such challenges on the Coast Guard’s ability to meet mission requirements; and (iii) the status of Coast Guard efforts to upgrade or recapitalize its fleet of such aircraft to meet growth in future mission demands globally, such as in the Western Hemisphere, the Arctic region, and the Western Pacific region. (B) Any recommendation with respect to the operational availability of Coast Guard aircraft. (C) The resource and workforce requirements necessary for Coast Guard Aviation to meet future mission demands. (3) Report On completion of the study required by paragraph (1), the Comptroller General shall submit to the Secretary of the department in which the Coast Guard is operating a report on the findings of the study. (b) Coast Guard aviation strategy (1) In general Not later than 180 days after the date on which the study under subsection (a) is completed, the Secretary of the department in which the Coast Guard is operating shall develop a comprehensive strategy for Coast Guard Aviation that is informed by the relevant recommendations and findings of the study. (2) Elements The strategy required by paragraph (1) shall include the following: (A) With respect to aircraft of the Coast Guard, an analysis of the current and future operations and future resource needs. (B) The projected number of aviation assets, the locations at which such assets are to be stationed, the cost of operation and maintenance of such assets, and an assessment of the capabilities of such assets as compared to the missions they are expected to execute, at the completion of major procurement and modernization plans. (C) A procurement plan, including an estimated timetable and the estimated appropriations necessary for all platforms, including unmanned aircraft. (D) A training plan for pilots and aircrew that addresses— (i) the use of simulators owned and operated by the Coast Guard, and simulators that are not owned or operated by the Coast Guard, including any such simulators based outside the United States; and (ii) the costs associated with attending training courses. (E) Current and future requirements for cutter and land-based deployment of aviation assets globally, including in the Arctic, the Eastern Pacific, the Western Pacific, the Caribbean, the Atlantic Basin, and any other area the Commandant considers appropriate. (F) A description of the feasibility of and resource requirements necessary to deploy rotary-winged assets onboard all future Arctic cutter patrols. (G) An evaluation of current and future facilities needs for Coast Guard aviation units. (H) An evaluation of pilot and aircrew training and retention needs, including aviation career incentive pay, retention bonuses, and any other workforce tools the Commandant considers necessary. (3) Briefing Not later than 180 days after the date on which the strategy required by paragraph (1) is completed, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the strategy. F Workforce readiness 251. Authorized strength Section 3702 of title 14, United States Code, is amended by adding at the end the following: (c) The Secretary may vary the authorized end strength of the Selected Reserve of the Coast Guard Reserve for a fiscal year by a number equal to not more than 3 percent of such end strength upon a determination by the Secretary that such a variation is in the national interest. (d) The Commandant may increase the authorized end strength of the Selected Reserve of the Coast Guard Reserve by a number equal to not more than 2 percent of such authorized end strength upon a determination by the Commandant that such an increase would enhance manning and readiness in essential units or in critical specialties or ratings. . 252. Number and distribution of officers on active duty promotion list (a) Maximum number of officers Section 2103(a) of title 14, United States Code, is amended to read as follows: (a) Maximum total number (1) In general The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 7,400. (2) Temporary increase Notwithstanding paragraph (1), the Commandant may temporarily increase the total number of commissioned officers permitted under that paragraph by up to 4 percent for not more than 60 days after the date of the commissioning of a Coast Guard Academy class. (3) Notification If the Commandant increases pursuant to paragraph (2) the total number of commissioned officers permitted under paragraph (1), the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the number of officers on the active duty promotion list on the last day of the preceding 30-day period— (A) not later than 30 days after such increase; and (B) every 30 days thereafter until the total number of commissioned officers no longer exceeds the total number of commissioned officers permitted under paragraph (1). . (b) Officers not on active duty promotion list (1) In general Chapter 51 5113. Officers not on active duty promotion list Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105(a) of title 31, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the number of Coast Guard officers who are serving at other Federal agencies on a reimbursable basis, and the number of Coast Guard officers who are serving at other Federal agencies on a non-reimbursable basis but are not on the active duty promotion list. . (2) Clerical amendment The analysis for chapter 51 5113. Officers not on active duty promotion list. . 253. Continuation on active duty of officers with critical skills (a) In general Subchapter II of chapter 21 2166. Continuation on active duty of officers with critical skills (a) In general The Commandant may authorize an officer in any grade above grade O–2 to remain on active duty after the date otherwise provided for the retirement of the officer in section 2154 of this title if the officer possesses a critical skill or specialty or is in a career field designated pursuant to subsection (b). (b) Critical skill, specialty, or career field The Commandant shall designate 1 or more critical skills, specialties, or career fields for purposes of subsection (a). (c) Duration of continuation An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service. (d) Policy The Commandant shall carry out this section by prescribing policy that specifies the criteria to be used in designating any critical skill, specialty, or career field for purposes of subsection (b). . (b) Clerical amendment The analysis for subchapter II of chapter 21 2166. Continuation on active duty of officers with critical skills. . 254. Career incentive pay for marine inspectors (a) Authority To provide assignment pay or special duty pay The Secretary of the department in which the Coast Guard is operating may provide assignment pay or special duty pay under section 352 of title 37, United States Code, to a member of the Coast Guard serving in a prevention position and assigned as a marine inspector or marine investigator pursuant to section 312 of title 14, United States Code. (b) Annual briefing (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on any uses of the authority under subsection (a) during the preceding year. (2) Elements Each briefing required by paragraph (1) shall include the following: (A) The number of members of the Coast Guard serving as marine inspectors or marine investigators pursuant to section 312 of title 14, United States Code, who are receiving assignment pay or special duty pay under section 352 of title 37, United States Code. (B) An assessment of the impact of the use of the authority under this section on the effectiveness and efficiency of the Coast Guard in administering the laws and regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States. (C) An assessment of the effects of assignment pay and special duty pay on retention of marine inspectors and investigators. (D) If the authority provided in subsection (a) is not exercised, a detailed justification for not exercising such authority, including an explanation of the efforts the Secretary of the department in which the Coast Guard is operating is taking to ensure that the Coast Guard workforce contains an adequate number of qualified marine inspectors. (c) Study (1) In general Not later than 2 years after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in coordination with the Director of the National Institute for Occupational Safety and Health, shall conduct a study on the health of marine inspectors and marine investigators who have served in such positions for a period of not less than least 10 years. (2) Elements The study required by paragraph (1) shall include the following: (A) An evaluation of— (i) the daily vessel inspection duties of marine inspectors and marine investigators, including the examination of internal cargo tanks and voids and new construction activities; (ii) major incidents to which marine inspectors and marine investigators have had to respond, and any other significant incident, such as a vessel casualty, that has resulted in the exposure of marine inspectors and marine investigators to hazardous chemicals or substances; and (iii) the types of hazardous chemicals or substances to which marine inspectors and marine investigators have been exposed relative to the effects such chemicals or substances have had on marine inspectors and marine investigators. (B) A review and analysis of the current Coast Guard health and safety monitoring systems, and recommendations for improving such systems, specifically with respect to the exposure of members of the Coast Guard to hazardous substances while carrying out inspections and investigation duties. (C) Any other element the Secretary of the department in which the Coast Guard is operating considers appropriate. (3) Report On completion of the study required by paragraph (1), the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study and recommendations for actions the Commandant should take to improve the health and exposure of marine inspectors and marine investigators. (d) Termination The authority provided by subsection (a) shall terminate on December 31, 2027, unless the study required by subsection (c) is completed and submitted as required by that subsection. 255. Expansion of the ability for selection board to recommend officers of particular merit for promotion Section 2116(c)(1) of title 14, United States Code, is amended, in the second sentence, by inserting three times may not exceed 256. Pay and allowances for certain members of the Coast Guard during funding gap (a) In general During a funding gap, the Secretary of the Treasury shall make available to the Secretary of Homeland Security, out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the Secretary of Homeland Security determines to be necessary to continue to provide, without interruption, during the funding gap such sums as are necessary for— (1) pay and allowances to members of the Coast Guard, including reserve components thereof, who perform active service; (2) the payment of a death gratuity under sections 1475 through 1477 and 1489 of title 10, United States Code, with respect to members of the Coast Guard; (3) the payment or reimbursement of authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services under section 481f of title 37, United States Code, with respect to members of the Coast Guard; and (4) the temporary continuation of a basic allowance of housing for dependents of members of the Coast Guard dying on active duty, as authorized by section 403(l) of title 37, United States Code. (b) Funding gap defined In this section, the term funding gap 257. Modification to education loan repayment program (a) In general Section 2772 of title 14, United States Code, is amended to read as follows: 2772. Education loan repayment program: members on active duty in specified military specialties (a) (1) Subject to the provisions of this section, the Secretary may repay— (A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. (B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq. (C) any loan made under part E of such title ( 20 U.S.C. 1087aa et seq. (D) any loan incurred for educational purposes made by a lender that is— (i) an agency or instrumentality of a State; (ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State; (iii) a pension fund approved by the Secretary for purposes of this section; or (iv) a nonprofit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section. (2) Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower. (3) The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary. (b) The portion or amount of a loan that may be repaid under subsection (a) is 33 1/3 (c) If a portion of a loan is repaid under this section for any year, interest on the remainder of such loan shall accrue and be paid in the same manner as is otherwise required. (d) Nothing in this section shall be construed to authorize refunding any repayment of a loan. (e) A person who transfers from service making the person eligible for repayment of loans under this section (as described in subsection (a)(3)) to service making the person eligible for repayment of loans under section 16301 of title 10 (as described in subsection (a)(2) or (g) of that section) during a year shall be eligible to have repaid a portion of such loan determined by giving appropriate fractional credit for each portion of the year so served, in accordance with regulations of the Secretary concerned. (f) The Secretary shall prescribe a schedule for the allocation of funds made available to carry out the provisions of this section and section 16301 of title 10 during any year for which funds are not sufficient to pay the sum of the amounts eligible for repayment under subsection (a) and section 16301(a) of title 10. (g) Except a person described in subsection (e) who transfers to service making the person eligible for repayment of loans under section 16301 of title 10, a member of the Coast Guard who fails to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) or 373 of title 37. (h) The Secretary may prescribe procedures for implementing this section, including standards for qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include exceptions that would allow for the payment as a lump sum of any loan repayment due to a member under a written agreement that existed at the time of a member’s death or disability. . (b) Clerical amendment The analysis for subchapter III of chapter 27 2772. Education loan repayment program: members on active duty in specified military specialties. . 258. Retirement of Vice Commandant Section 303 of title 14, United States Code, is amended— (1) by amending subsection (a)(2) to read as follows: (2) A Vice Commandant who is retired while serving as Vice Commandant, after serving not less than 2 years as Vice Commandant, shall be retired with the grade of admiral, except as provided in section 306(d). ; and (2) in subsection (c), by striking or Vice Commandant or as an officer serving as Vice Commandant who has served less than 2 years as Vice Commandant 259. Report on resignation and retirement processing times and denial (a) In general Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report that evaluates resignation and retirement processing timelines. (b) Elements The report required by subsection (a) shall include the following for the preceding calendar year— (1) statistics on the number of resignations, retirements, and other separations that occurred; (2) the processing time for each action described in paragraph (1); (3) the percentage of requests for such actions that had a command endorsement; (4) the percentage of requests for such actions that did not have a command endorsement; and (5) for each denial of a request for a command endorsement and each failure to take action on such a request, a detailed description of the rationale for such denial or failure to take such action. 260. Calculation of active service Any service described in writing, including by electronic communication, before the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 261. Physical disability evaluation system procedure review (a) Study (1) In general Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study on the Coast Guard Physical Disability Evaluation System and medical retirement procedures. (2) Elements The study required by paragraph (1) shall review, and provide recommendations to address, the following: (A) Coast Guard compliance with all applicable laws, regulations, and policies relating to the Physical Disability Evaluation System and the Medical Evaluation Board. (B) Coast Guard compliance with timelines set forth in— (i) the instruction of the Commandant entitled Physical Disability Evaluation System (ii) the Physical Disability Evaluation System Transparency Initiative (ALCGPSC 030/20). (C) An evaluation of Coast Guard processes in place to ensure the availability, consistency, and effectiveness of counsel appointed by the Coast Guard Office of the Judge Advocate General to represent members of the Coast Guard undergoing an evaluation under the Physical Disability Evaluation System. (D) The extent to which the Coast Guard has and uses processes to ensure that such counsel may perform their functions in a manner that is impartial, including being able to perform their functions without undue pressure or interference by the command of the affected member of the Coast Guard, the Personnel Service Center, and the United States Coast Guard Office of the Judge Advocate General. (E) The frequency with which members of the Coast Guard seek private counsel in lieu of counsel appointed by the Coast Guard Office of the Judge Advocate General, and the frequency of so doing at each member pay grade. (F) The timeliness of determinations, guidance, and access to medical evaluations necessary for retirement or rating determinations and overall well-being of the affected member of the Coast Guard. (G) The guidance, formal or otherwise, provided by the Personnel Service Center and the Coast Guard Office of the Judge Advocate General, other than the counsel directly representing affected members of the Coast Guard, in communication with medical personnel examining members. (H) The guidance, formal or otherwise, provided by the medical professionals reviewing cases within the Physical Disability Evaluation System to affected members of the Coast Guard, and the extent to which such guidance is disclosed to the commanders, commanding officers, or other members of the Coast Guard in the chain of command of such affected members. (I) The feasibility of establishing a program to allow members of the Coast Guard to select an expedited review to ensure completion of the Medical Evaluation Board report not later than 180 days after the date on which such review was initiated. (b) Report The Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study conducted under subsection (a) and recommendations for improving the physical disability evaluation system process. (c) Updated policy guidance (1) In general Not later than 180 days after the date on which the report under subsection (b) is submitted, the Commandant shall issue updated policy guidance in response to the findings and recommendations contained in the report. (2) Elements The updated policy guidance required by paragraph (1) shall include the following: (A) A requirement that a member of the Coast Guard, or the counsel of such a member, shall be informed of the contents of, and afforded the option to be present for, any communication between the member’s command and the Personnel Service Center, or other Coast Guard entity, with respect to the duty status of the member. (B) An exception to the requirement described in subparagraph (A) that such a member or the counsel of the member is not required to be informed of the contents of such a communication if it is demonstrated that there is a legitimate health and safety need for the member to be excluded from such communications, supported by a medical opinion that such exclusion is necessary for the health or safety of the member, command, or any other individual. (C) An option to allow a member of the Coast Guard to initiate an evaluation by a Medical Evaluation Board if a Coast Guard healthcare provider, or other military healthcare provider, has raised a concern about the ability of the member to continue serving in the Coast Guard, in accordance with existing medical and physical disability policy. (D) An updated policy to remove the command endorsement requirement for retirement or separation unless absolutely necessary for the benefit of the United States. 262. Expansion of authority for multirater assessments of certain personnel (a) In general Section 2182(a) of title 14, United States Code, is amended by striking paragraph (2) and inserting the following: (2) Officers Each officer of the Coast Guard shall undergo a multirater assessment before promotion to— (A) the grade of O–4; (B) the grade of O–5; and (C) the grade of O–6. (3) Enlisted members Each enlisted member of the Coast Guard shall undergo a multirater assessment before advancement to— (A) the grade of E–7; (B) the grade of E–8; (C) the grade of E–9; and (D) the grade of E–10. (4) Selection A reviewee shall not be permitted to select the peers and subordinates who provide opinions for his or her multirater assessment. (5) Post-assessment elements (A) In general Following an assessment of an individual pursuant to paragraphs (1) through (3), the individual shall be provided appropriate post-assessment counseling and leadership coaching. (B) Availability of results The supervisor of the individual assessed shall be provided with the results of the multirater assessment. . (b) Cost assessment (1) In general Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the appropriate committees of Congress an estimate of the costs associated with implementing the amendment made by this section. (2) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and (B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. 263. Promotion parity (a) Information To be furnished Section 2115(a) of title 14, United States Code, is amended— (1) in paragraph (1), by striking ; and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) in the case of an eligible officer considered for promotion to a rank above lieutenant, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry and any information placed in the personnel service record of the officer under section 1745(a) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 10 U.S.C. 1561 . (b) Special selection review boards (1) In general Subchapter I of chapter 21 section 2120 2120a. Special selection review boards (a) In general (1) If the Secretary determines that a person recommended by a promotion board for promotion to a grade at or below the grade of rear admiral is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in section 2115(a)(3) of this title that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained. (2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person— (A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and (B) shall not be forwarded to the President or the Senate, as applicable, or included on a promotion list under section 2121 of this title. (b) Convening (1) Any special selection review board convened under this section shall be convened in accordance with the provisions of section 2120(c) of this title. (2) Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary shall specify in convening such special selection review board. (c) Information considered (1) In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following: (A) The record and information concerning the person furnished in accordance with section 2115 of this title to the promotion board that recommended the person for promotion. (B) Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in section 2115(a)(3) of this title. (2) The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in section 2115 of this title. (3) (A) Before information on a person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary shall ensure that— (i) such information is made available to the person; and (ii) subject to subparagraphs (C) and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section. (B) If information on a person described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person's authorization for access to classified information. (C) (i) An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if— (I) such information was made available to the person in connection with the furnishing of such information under section 2115(a) of this title to the promotion board that recommended the promotion of the person subject to review under this section; and (II) the person submitted comments on such information to that promotion board. (ii) The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board. (D) A person may waive either or both of the following: (i) The right to submit comments to a special selection review board under subparagraph (A)(ii). (ii) The furnishing of comments to a special selection review board under subparagraph (C)(ii). (d) Consideration (1) In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers who were recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board. (2) Records and information shall be presented to a special selection review board for purposes of paragraph (1) in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened. (3) In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the promotion board that recommended the person for promotion. (4) The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person— (A) ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and (B) is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board. (5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board. (6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion. (e) Reports (1) Each special selection review board convened under this section shall submit to the Secretary a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it. (2) The provisions of sections 2117(a) of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 2106 of this title. (f) Appointment of Persons (1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with section 2121 of this title. (2) A person who is appointed to the next higher grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned. (g) Regulations The Secretary shall prescribe regulations to carry out this section. (h) Promotion board defined In this section, the term promotion board . (2) Clerical amendment The analysis for subchapter I of chapter 21 section 2120 2120a. Special selection review boards . (c) Availability of information Section 2118 of title 14, United States Code, is amended by adding at the end the following: (e) If the Secretary makes a recommendation under this section that the name of an officer be removed from a report of a selection board and the recommendation is accompanied by information that was not presented to that selection board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible officer cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable, be provided with an appropriate summary of the information. . (d) Delay of promotion Section 2121(f) of title 14, United States Code, is amended to read as follows: (f) (1) The promotion of an officer may be delayed without prejudice if any of the following applies: (A) The officer is under investigation or proceedings of a court-martial or a board of officers are pending against the officer. (B) A criminal proceeding in a Federal or State court is pending against the officer. (C) The Secretary determines that credible information of an adverse nature, including a substantiated adverse finding or conclusion described in section 2115(a)(3), with respect to the officer will result in the convening of a special selection review board under section 2120a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained. (2) (A) Subject to subparagraph (B), a promotion may be delayed under this subsection until, as applicable— (i) the completion of the investigation or proceedings described in subparagraph (A); (ii) a final decision in the proceeding described in subparagraph (B) is issued; or (iii) the special selection review board convened under section 2120a of this title issues recommendations with respect to the officer. (B) Unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. (3) An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed. . 264. Partnership program to diversify the Coast Guard (a) Establishment The Commandant shall establish a program for the purpose of increasing the number of underrepresented minorities in the enlisted ranks of the Coast Guard. (b) Partnerships In carrying out the program established under subsection (a), the Commandant shall— (1) seek to enter into 1 or more partnerships with eligible entities— (A) to increase the visibility of Coast Guard careers; (B) to promote curriculum development— (i) to enable acceptance into the Coast Guard; and (ii) to improve success on relevant exams, such as the Armed Services Vocational Aptitude Battery; and (C) to provide mentoring for students entering and beginning Coast Guard careers; and (2) enter into a partnership with an existing Junior Reserve Officers’ Training Corps for the purpose of promoting Coast Guard careers. (c) Eligible institution defined In this section, the term eligible institution (1) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (2) an institution that provides a level of educational attainment that is less than a bachelor’s degree; (3) a part B institution (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 (4) a Tribal College or University (as defined in section 316(b) of that Act ( 20 U.S.C. 1059c(b) (5) a Hispanic-serving institution (as defined in section 502 of that Act ( 20 U.S.C. 1101a (6) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) (7) a Predominantly Black institution (as defined in section 371(c) of that Act ( 20 U.S.C. 1071q(c) (8) an Asian American and Native American Pacific Islander-serving institution (as defined in such section); and (9) a Native American-serving nontribal institution (as defined in such section). 265. Expansion of Coast Guard Junior Reserve Officers’ Training Corps (a) In general Section 320 of title 14, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); (2) in subsection (b), by striking subsection (c) subsection (d) (3) by inserting after subsection (b) the following: (c) Scope Beginning on December 31, 2025, the Secretary of the department in which the Coast Guard is operating shall maintain at all times a Junior Reserve Officers’ Training Corps program with not fewer than 1 such program established in each Coast Guard district. . (b) Cost assessment Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall provide to Congress an estimate of the costs associated with implementing the amendments made by this section. 266. Improving representation of women and racial and ethnic minorities among Coast Guard active-duty members (a) In general Not later than 180 days after the date of the enactment of this Act, in consultation with the Advisory Board on Women at the Coast Guard Academy established under section 1904 of title 14, United States Code, and the minority outreach team program established by section 1905 of such title, the Commandant shall— (1) determine which recommendations in the RAND representation report may practicably be implemented to promote improved representation in the Coast Guard of— (A) women; and (B) racial and ethnic minorities; and (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the actions the Commandant has taken, or plans to take, to implement such recommendations. (b) Curriculum and training In the case of any action the Commandant plans to take to implement recommendations described in subsection (a)(1) that relate to modification or development of curriculum and training, such modified curriculum and trainings shall be provided at officer and accession points and at leadership courses managed by the Coast Guard Leadership Development Center. (c) Definition of RAND representation report In this section, the term RAND representation report Improving the Representation of Women and Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty Members 267. Strategy to enhance diversity through recruitment and accession (a) In general The Commandant shall develop a 10-year strategy to enhance Coast Guard diversity through recruitment and accession— (1) at educational institutions at the high school and higher education levels; and (2) for the officer and enlisted ranks. (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the strategy developed under subsection (a). (2) Elements The report required by paragraph (1) shall include the following: (A) A description of existing Coast Guard recruitment and accession programs at educational institutions at the high school and higher education levels. (B) An explanation of the manner in which the strategy supports the Coast Guard’s overall diversity and inclusion action plan. (C) A description of the manner in which existing programs and partnerships will be modified or expanded to enhance diversity in recruiting and accession at the high school and higher education levels. 268. Support for Coast Guard Academy (a) In general Subchapter II of chapter 9 953. Support for Coast Guard Academy (a) Authority (1) Contracts and cooperative agreements (A) The Commandant may enter contract and cooperative agreements with 1 or more qualified organizations for the purpose of supporting the athletic programs of the Coast Guard Academy. (B) Notwithstanding section 2304(k) of title 10, the Commandant may enter into such contracts and cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of title 10. (C) Notwithstanding chapter 63 (2) Financial controls (A) Before entering into a contract or cooperative agreement under paragraph (1), the Commandant shall ensure that the contract or agreement includes appropriate financial controls to account for the resources of the Coast Guard Academy and the qualified organization concerned in accordance with accepted accounting principles. (B) Any such contract or cooperative agreement shall contain a provision that allows the Commandant to review, as the Commandant considers necessary, the financial accounts of the qualified organization to determine whether the operations of the qualified organization— (i) are consistent with the terms of the contract or cooperative agreement; and (ii) would compromise the integrity or appearance of integrity of any program of the Department of Homeland Security. (3) Leases For the purpose of supporting the athletic programs of the Coast Guard Academy, the Commandant may, consistent with section 504(a)(13), rent or lease real property located at the Coast Guard Academy to a qualified organization, except that proceeds from such a lease shall be retained and expended in accordance with subsection (f). (b) Support services (1) Authority To the extent required by a contract or cooperative agreement under subsection (a), the Commandant may provide support services to a qualified organization while the qualified organization conducts its support activities at the Coast Guard Academy only if the Commandant determines that the provision of such services is essential for the support of the athletic programs of the Coast Guard Academy. (2) No liability of the United States Support services may only be provided without any liability of the United States to a qualified organization. (3) Support services defined In this subsection, the term support services (c) Transfers from nonappropriated fund operation (1) Except as provided in paragraph (2), the Commandant may, subject to the acceptance of the qualified organization concerned, transfer to the qualified organization all title to and ownership of the assets and liabilities of the Coast Guard nonappropriated fund instrumentality, the function of which includes providing support for the athletic programs of the Coast Guard Academy, including bank accounts and financial reserves in the accounts of such fund instrumentality, equipment, supplies, and other personal property. (2) The Commandant may not transfer under paragraph (1) any interest in real property. (d) Acceptance of support from qualified organization (1) In general Notwithstanding section 1342 of title 31, the Commandant may accept from a qualified organization funds, supplies, and services for the support of the athletic programs of the Coast Guard Academy. (2) Employees of qualified organization For purposes of this section, employees or personnel of the qualified organization may not be considered to be employees of the United States. (3) Funds received from NCAA The Commandant may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Coast Guard Academy. (4) Limitation The Commandant shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (f)— (A) do not reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces (as defined in section 101(a) of title 10) to carry out any responsibility or duty in a fair and objective manner; or (B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program. (e) Trademarks and service marks (1) Licensing, marketing, and sponsorship agreements An agreement under subsection (a) may, consistent with section 2260 of title 10 (other than subsection (d) of such section), authorize a qualified organization to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Coast Guard Academy, subject to the approval of the Commandant. (2) Limitations A licensing, marketing, or sponsorship agreement may not be entered into under paragraph (1) if— (A) such agreement would reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or (B) the Commandant determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Coast Guard or any individual involved in such a program. (f) Retention and use of funds Funds received by the Commandant under this section may be retained for use to support the athletic programs of the Coast Guard Academy and shall remain available until expended. (g) Service on qualified organization board of directors A qualified organization is a designated entity for which authorization under sections 1033(a) and 1589(a) of title 10, may be provided. (h) Conditions The authority provided in this section with respect to a qualified organization is available only so long as the qualified organization continues— (1) to qualify as a nonprofit organization under section 501(c)(3) (2) to operate exclusively to support the athletic programs of the Coast Guard Academy. (i) Qualified organization defined In this section, the term qualified organization (1) described in subsection (c)(3) of section 501 (2) established by the Coast Guard Academy Alumni Association solely for the purpose of supporting Coast Guard athletics. 954. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds (a) Authority In the case of a Coast Guard Academy mixed-funded athletic or recreational extracurricular program, the Commandant may designate funds appropriated to the Coast Guard and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended. (b) Covered programs In this section, the term Coast Guard Academy mixed-funded athletic or recreational extracurricular program (1) The program is not considered a morale, welfare, or recreation program. (2) The program is supported through appropriated funds. (3) The program is supported by a nonappropriated fund instrumentality. (4) The program is not a private organization and is not operated by a private organization. . (b) Clerical amendment The analysis for subchapter II of chapter 9 title 14 United States Code, is amended by adding at the end the following: 953. Support for Coast Guard Academy. 954. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds. . 269. Training for congressional affairs personnel (a) In general Section 315 of title 14, United States Code, is amended to read as follows: 315. Training for congressional affairs personnel (a) In general The Commandant shall develop a training course, which shall be administered in person, on the workings of Congress for any member of the Coast Guard selected for a position as a fellow, liaison, counsel, administrative staff for the Coast Guard Office of Congressional and Governmental Affairs, or any Coast Guard district or area governmental affairs officer. (b) Course subject matter (1) In general The training course required by this section shall provide an overview and introduction to Congress and the Federal legislative process, including— (A) the congressional budget process; (B) the congressional appropriations process; (C) the congressional authorization process; (D) the Senate advice and consent process for Presidential nominees; (E) the Senate advice and consent process for treaty ratification; (F) the roles of Members of Congress and congressional staff in the legislative process; (G) the concept and underlying purposes of congressional oversight within the governance framework of separation of powers; (H) the roles of Coast Guard fellows, liaisons, counsels, governmental affairs officers, the Coast Guard Office of Program Review, the Coast Guard Headquarters program offices, and any other entity the Commandant considers relevant; and (I) the roles and responsibilities of Coast Guard public affairs and external communications personnel with respect to Members of Congress and their staff necessary to enhance communication between Coast Guard units, sectors, and districts and Member offices and committees of jurisdiction so as to ensure visibility of Coast Guard activities. (2) Detail within Coast Guard Office of Budget and Programs (A) In general At the written request of the receiving congressional office, the training course required by this section shall include a multi-day detail within the Coast Guard Office of Budget and Programs to ensure adequate exposure to Coast Guard policy, oversight, and requests from Congress. (B) Nonconsecutive detail permitted A detail under this paragraph is not required to be consecutive with the balance of the training. (c) Completion of required training A member of the Coast Guard selected for a position described in subsection (a) shall complete the training required by this section before the date on which such member reports for duty for such position. . 270. Strategy for retention of cuttermen (a) In general Not later than 180 days after the date of enactment of this Act, the Commandant shall publish a strategy to improve incentives to attract and retain a diverse workforce serving on Coast Guard cutters. (b) Elements The strategy required by subsection (a) shall include the following: (1) Policies to improve flexibility in the afloat career path, including a policy that enables members of the Coast Guard serving on Coast Guard cutters to transition between operations afloat and operations ashore assignments without detriment to their career progression. (2) A review of current officer requirements for afloat positions at each pay grade, and an assessment as to whether such requirements are appropriate or present undue limitations. (3) Strategies to improve crew comfort afloat, such as berthing modifications to accommodate mixed-gender crew and gender-nonconforming crew. (4) Actionable steps to improve access to highspeed internet capable of video conference for the purposes of medical, educational, and personal use by members of the Coast Guard serving on Coast Guard cutters. (5) An assessment of the effectiveness of bonuses to attract members to serve at sea and retain talented members of the Coast Guard serving on Coast Guard cutters to serve as leaders in senior enlisted positions, department head positions, and command positions. (6) Policies to ensure that high-performing members of the Coast Guard serving on Coast Guard cutters are competitive for special assignments, postgraduate education, senior service schools, and other career-enhancing positions. 271. Study on extremism in the Coast Guard (a) Study (1) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the presence of extremism within the workforce of the Coast Guard. (2) Elements The study required by paragraph (1) shall include the following: (A) An assessment of— (i) the extent to which extremist ideologies, including ideologies that encourage, or could lead to, violence, exists within the workforce of the Coast Guard; (ii) the unique challenges the Coast Guard faces in addressing such ideologies within the workforce of the Coast Guard; and (iii) the manner in which such ideologies are introduced into the workforce of the Coast Guard. (B) Recommendations on ways to address and eradicate any such ideologies within the workforce of the Coast Guard. (b) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study, including a description of the recommendations under paragraph (2) of that subsection. (c) Briefing Not later than 90 days after the date on which the report is submitted under subsection (b), the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the recommendations described in the report. 272. Study on performance of Coast Guard Force Readiness Command (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the performance of the Coast Guard Force Readiness Command. (b) Elements The study required by subsection (a) shall include an assessment of the following: (1) The actions the Force Readiness Command has taken to develop and implement training for the Coast Guard workforce. (2) The extent to which the Force Readiness Command— (A) has assessed performance, policy, and training compliance across Force Readiness Command headquarters and field units, and the results of any such assessment; and (B) is modifying and expanding Coast Guard training to match the future demands of the Coast Guard with respect to growth in workforce numbers, modernization of assets and infrastructure, and increased global mission demands relating to the Arctic and Western Pacific regions and cyberspace. (c) Report Not later than 1 year after the study required by subsection (a) commences, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. 273. Study on frequency of weapons training for Coast Guard personnel (a) In general The Commandant shall conduct a study to assess whether current weapons training required for Coast Guard law enforcement and other relevant personnel is sufficient. (b) Elements The study required by subsection (a) shall— (1) assess whether there is a need to improve weapons training for Coast Guard law enforcement and other relevant personnel; and (2) identify— (A) the frequency of such training most likely to ensure adequate weapons training, proficiency, and safety among such personnel; (B) Coast Guard law enforcement and other applicable personnel who should be prioritized to receive such improved training; and (C) any challenge posed by a transition to improving such training and offering such training more frequently, and the resources necessary to address such a challenge. (c) Report Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study conducted under subsection (a). G Miscellaneous provisions 281. Budgeting of Coast Guard relating to certain operations (a) In general Chapter 51 5114. Expenses of performing and executing defense readiness missions and other activities unrelated to Coast Guard missions The Commandant shall include in the annual budget submission of the President under section 1105(a) of title 31 a dedicated budget line item that adequately represents a calculation of the annual costs and expenditures of performing and executing all defense readiness mission activities, including— (1) all expenses related to the Coast Guard’s coordination, training, and execution of defense readiness mission activities in the Coast Guard’s capacity as an armed force (as such term is defined in section 101 of title 10) in support of Department of Defense national security operations and activities or for any other military department or Defense Agency (as such terms are defined in such section); (2) costs associated with Coast Guard detachments assigned in support of the Coast Guard’s defense readiness mission; and (3) any other related expenses, costs, or matters the Commandant considers appropriate or otherwise of interest to Congress. . (b) Clerical amendment The analysis for chapter 51 5114. Expenses of performing and executing defense readiness missions or other activities unrelated to Coast Guard missions. . 282. Coast Guard assistance to United States Secret Service Section 6 of the Presidential Protection Assistance Act of 1976 ( 18 U.S.C. 3056 (1) by striking Executive departments (a) Except as provided in subsection (b), Executive departments ; (2) by striking Director; except that the Department of Defense and the Coast Guard shall provide such assistance (b) (1) Subject to paragraph (2), the Department of Defense and the Coast Guard shall provide assistance described in subsection (a) ; and (3) by adding at the end the following: (2) (A) For fiscal year 2022, and each fiscal year thereafter, the total cost of assistance described in subsection (a) provided by the Coast Guard on a nonreimbursable basis shall not exceed $15,000,000. (B) The Coast Guard may provide assistance described in subsection (a) during a fiscal year in addition to the amount specified in subparagraph (A) on a reimbursable basis. . 283. Conveyance of Coast Guard vessels for public purposes (a) Transfer Section 914 of the Coast Guard Authorization Act of 2010 ( 14 U.S.C. 501 Public Law 111–281 (1) transferred to subchapter I of chapter 5 (2) added at the end so as to follow section 508 of such title; (3) redesignated as section 509 of such title; and (4) amended so that the enumerator, the section heading, typeface, and typestyle conform to those appearing in other sections of title 14, United States Code. (b) Clerical amendments (1) Coast Guard Authorization Act of 2010 The table of contents in section 1(b) of the Coast Guard Authorization Act of 2010 ( Public Law 111–281 (2) Title 14 The analysis for subchapter I of chapter 5 509. Conveyance of Coast Guard vessels for public purposes. . (c) Conveyance of Coast Guard vessels for public purposes Section 509 of title 14, United States Code, as transferred and redesignated by subsection (a), is amended— (1) by amending subsection (a) to read as follows: (a) In general On request by the Commandant, the Administrator of the General Services Administration may transfer ownership of a Coast Guard vessel or aircraft to an eligible entity for educational, cultural, historical, charitable, recreational, or other public purposes if such transfer is authorized by law. ; and (2) in subsection (b)— (A) in paragraph (1)— (i) by inserting as if the request were being processed vessels (ii) by inserting , as in effect on the date of the enactment of the Coast Guard Authorization Act of 2022 Code of Federal Regulations (B) in paragraph (2) by inserting , as in effect on the date of the enactment of the Coast Guard Authorization Act of 2022 such title (C) in paragraph (3), by striking of the Coast Guard 284. Coast Guard intelligence activities and emergency and extraordinary expenses (a) In general Subject to the limitations of subsection (b) and with sums made available to the Director of the Coast Guard Counterintelligence Service, the Commandant may expend funds for human intelligence and counterintelligence activities of any confidential, emergency, or extraordinary nature that cannot be anticipated or classified. The Commandant shall certify that such expenditure was made for an object of a confidential, emergency, or extraordinary nature and such a certification is final and conclusive upon the accounting officers of the United States. A written certification by the Commandant is sufficient voucher for the expenditure. (b) Limitations (1) Maximum annual amount For each fiscal year, the Commandant may not obligate or expend funds under subsection (a) in an amount that exceeds 5 percent of the funds made available to the Director of the Coast Guard Counterintelligence Service for such fiscal year until— (A) the Commandant has notified the appropriate committees of Congress of the intent to obligate or expend the funds in excess of such amount; and (B) 15 days have elapsed since the date of the notification in accordance with subparagraph (A). (2) Requirements for expenditures in excess of $25,000 The Commandant may not obligate or expend funds under subsection (a) for an expenditure in excess of $25,000 until— (A) the Commandant has notified the appropriate committees of Congress of the intent to obligate or expend the funds; and (B) 15 days have elapsed since the date of the notification in accordance with subparagraph (A). (c) Waiver Notwithstanding subsection (b), the Commandant may waive a requirement under such subsection if the Commandant determines that such a waiver is necessary due to extraordinary circumstances that affect the national security of the United States. If the Commandant issues a waiver under this subsection, the Commandant shall submit to the appropriate committees of Congress, by not later than 48 hours after issuing the waiver, written notice of and justification for the waiver. (d) Reports (1) In general Not less frequently than semiannually, the Commandant shall— (A) submit to the appropriate committees of Congress a report on all expenditures during the preceding semiannual period under subsection (a); and (B) provide a briefing to the appropriate committees of Congress on the report submitted under subparagraph (A). (2) Contents Each report submitted under paragraph (1)(A) shall include, for each individual expenditure covered by such report in an amount in excess of $25,000, the following: (A) A detailed description of the purpose of such expenditure. (B) The amount of such expenditure. (C) An identification of the approving authority for such expenditure. (D) A justification of why other authorities available to the Coast Guard could not be used for such expenditure. (E) Any other additional information as the Commandant considers appropriate. (e) Special rule The authority of this section shall be executed in a manner that does not contravene, and is consistent with, the responsibility and authority of the Director of National Intelligence as described in sections 3023 and 3024 of title 50, United States Code. (f) Appropriate committees of congress In this section, the term appropriate committees of Congress (1) the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. 285. Transfer and conveyance (a) In general (1) Requirement The Commandant shall, without consideration, transfer in accordance with subsection (b) and convey in accordance with subsection (c) a parcel of the real property described in paragraph (2), including any improvements thereon, to free the Coast Guard of liability for any unforeseen environmental or remediation of substances unknown that may exist on, or emanate from, such parcel. (2) Property The property described in this paragraph is real property at Dauphin Island, Alabama, located at 100 Agassiz Street, and consisting of a total of approximately 35.63 acres. The exact acreage and legal description of the parcel of such property to be transferred or conveyed in accordance with subsection (b) or (c), respectively, shall be determined by a survey satisfactory to the Commandant. (b) To the Secretary of Health and Human Services The Commandant shall transfer, as described in subsection (a), to the Secretary of Health and Human Services (in this section referred to as the Secretary (c) To the State of Alabama The Commandant shall convey, as described in subsection (a), to the Marine Environmental Sciences Consortium, a unit of the government of the State of Alabama, located at Dauphin Island, Alabama, all rights, title, and interest of the United States in and to such portion of the parcel described in such subsection that is not transferred to the Secretary under subsection (b). (d) Payments and costs of transfer and conveyance (1) Payments (A) In general The Secretary shall pay costs to be incurred by the Coast Guard, or reimburse the Coast Guard for such costs incurred by the Coast Guard, to carry out the transfer and conveyance required by this section, including survey costs, appraisal costs, costs for environmental documentation related to the transfer and conveyance, and any other necessary administrative costs related to the transfer and conveyance. (B) Funds Notwithstanding section 780 of division B of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 (2) Treatment of amounts received Amounts received by the Commandant as reimbursement under paragraph (1) shall be credited to the Coast Guard Housing Fund established under section 2946 of title 14, United States Code, or the account that was used to pay the costs incurred by the Coast Guard in carrying out the transfer or conveyance under this section, as determined by the Commandant, and shall be made available until expended. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. 286. Transparency and oversight (a) Notification (1) In general Subject to subsection (b), the Secretary of the department in which the Coast Guard is operating, or the designee of the Secretary, shall notify the appropriate committees of Congress and the Coast Guard Office of Congressional and Governmental Affairs not later than 3 full business days before— (A) making or awarding a grant allocation or grant in excess of $1,000,000; (B) making or awarding a contract, other transaction agreement, or task or delivery order on a Coast Guard multiple award contract, or issuing a letter of intent totaling more than $4,000,000; (C) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Coast Guard funds; (D) making a sole-source grant award; or (E) announcing publicly the intention to make or award an item described in subparagraph (A), (B), (C), or (D), including a contract covered by the Federal Acquisition Regulation. (2) Element A notification under this subsection shall include— (A) the amount of the award; (B) the fiscal year for which the funds for the award were appropriated; (C) the type of contract; (D) an identification of the entity awarded the contract, such as the name and location of the entity; and (E) the account from which the funds are to be drawn. (b) Exception If the Secretary of the department in which the Coast Guard is operating determines that compliance with subsection (a) would pose a substantial risk to human life, health, or safety, the Secretary— (1) may make an award or issue a letter described in that subsection without the notification required under that subsection; and (2) shall notify the appropriate committees of Congress not later than 5 full business days after such an award is made or letter issued. (c) Applicability Subsection (a) shall not apply to funds that are not available for obligation. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and (2) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. 287. Study on safety inspection program for containers and facilities (a) In general Not later than 1 year after the date of the enactment of this Act, the Commandant, in consultation with the Commissioner of U.S. Customs and Border Protection, shall complete a study on the safety inspection program for containers (as defined in section 80501 of title 46, United States Code) and designated waterfront facilities receiving containers. (b) Elements The study required by subsection (a) shall include the following: (1) An evaluation and review of such safety inspection program. (2) A determination of— (A) the number of container inspections conducted annually by the Coast Guard during the preceding 10-year period, as compared to the number of containers moved through United States ports annually during such period; and (B) the number of qualified Coast Guard container and facility inspectors, and an assessment as to whether, during the preceding 10-year period, there have been a sufficient number of such inspectors to carry out the mission of the Coast Guard. (3) An evaluation of the training programs available to such inspectors and the adequacy of such training programs during the preceding 10-year period. (4) An assessment as to whether such training programs adequately prepare future leaders for leadership positions in the Coast Guard. (5) An identification of areas of improvement for such program in the interest of commerce and national security, and the costs associated with such improvements. (c) Report to Congress Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study required by subsection (a), including the personnel and resource requirements necessary for such program. III Environment 301. Definition of Secretary Except as otherwise specifically provided, in this title, the term Secretary A Marine mammals 311. Definitions In this subtitle: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives. (2) Core foraging habitats The term core foraging habitats (A) with biological and physical oceanographic features that aggregate Calanus finmarchicus; and (B) where North Atlantic right whales foraging aggregations have been well documented. (3) Exclusive economic zone The term exclusive economic zone (4) Institution of higher education The term institution of higher education 20 U.S.C. 1001(a) (5) Large cetacean The term large cetacean (A) the suborder Mysticeti; (B) the genera Physeter; or (C) the genera Orcinus. (6) Near real-time The term near real-time (7) Nonprofit organization The term nonprofit organization section 501(c) (8) Puget Sound region The term Puget Sound region (9) Tribal government The term Tribal government 25 U.S.C. 5131 (10) Under Secretary The term Under Secretary 312. Assistance to ports to reduce the impacts of vessel traffic and port operations on marine mammals (a) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary, the Secretary of Defense, and the Administrator of the Maritime Administration, shall establish a grant program to provide assistance to eligible entities to develop and implement mitigation measures that will lead to a quantifiable reduction in threats to marine mammals from shipping activities and port operations. (b) Eligible entities An entity is an eligible entity for purposes of assistance awarded under subsection (a) if the entity is— (1) a port authority for a port; (2) a State, regional, local, or Tribal government, or an Alaska Native or Native Hawaiian entity that has jurisdiction over a maritime port authority or a port; (3) an academic institution, research institution, or nonprofit organization working in partnership with a port; or (4) a consortium of entities described in paragraphs (1), (2), and (3). (c) Eligible uses Assistance awarded under subsection (a) may be used to develop, assess, and carry out activities that reduce threats to marine mammals by— (1) reducing underwater stressors related to marine traffic; (2) reducing mortality and serious injury from vessel strikes and other physical disturbances; (3) monitoring sound; (4) reducing vessel interactions with marine mammals; (5) conducting other types of monitoring that are consistent with reducing the threats to, and enhancing the habitats of, marine mammals; or (6) supporting State agencies and Tribal governments in developing the capacity to receive assistance under this section through education, training, information sharing, and collaboration to participate in the grant program under this section. (d) Priority The Under Secretary shall prioritize assistance under subsection (a) for projects that— (1) are based on the best available science with respect to methods to reduce threats to marine mammals; (2) collect data on the reduction of such threats and the effects of such methods; (3) assist ports that pose a higher relative threat to marine mammals listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (4) are in close proximity to areas in which threatened or endangered cetaceans are known to experience other stressors; or (5) allow eligible entities to conduct risk assessments and to track progress toward threat reduction. (e) Outreach The Under Secretary, in coordination with the Secretary, the Administrator of the Maritime Administration, and the Director of the United States Fish and Wildlife Service, as appropriate, shall conduct coordinated outreach to ports to provide information with respect to— (1) how to apply for assistance under subsection (a); (2) the benefits of such assistance; and (3) facilitation of best practices and lessons, including the best practices and lessons learned from activities carried out using such assistance. (f) Report required Not less frequently than annually, the Under Secretary shall make available to the public on a publicly accessible internet website of the National Oceanic and Atmospheric Administration a report that includes the following information: (1) The name and location of each entity to which assistance was awarded under subsection (a) during the year preceding submission of the report. (2) The amount of each such award. (3) A description of the activities carried out with each such award. (4) An estimate of the likely impact of such activities on the reduction of threats to marine mammals. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to the Under Secretary to carry out this section $10,000,000 for each of fiscal years 2023 through 2028. (2) Availability Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) shall remain available until expended. (h) Savings clause An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States. 313. Near real-time monitoring and mitigation program for large cetaceans (a) Establishment The Under Secretary for Commerce for Oceans and Atmosphere, in coordination with the heads of other relevant Federal agencies, shall design and deploy a cost-effective, efficient, and results-oriented near real-time monitoring and mitigation program for endangered or threatened cetaceans (referred to in this section as the Program (b) Purpose The purpose of the Program shall be to reduce the risk to large cetaceans posed by vessel collisions, and to minimize other impacts on large cetaceans, through the use of near real-time location monitoring and location information. (c) Requirements The Program shall— (1) prioritize species of large cetaceans for which impacts from vessel collisions are of particular concern; (2) prioritize areas where such impacts are of particular concern; (3) be capable of detecting and alerting ocean users and enforcement agencies of the probable location of large cetaceans on an actionable real-time basis, including through real-time data whenever possible; (4) inform sector-specific mitigation protocols to effectively reduce takes (as defined in section 216.3 of title 50, Code of Federal Regulations, or successor regulations) of large cetaceans; (5) integrate technology improvements; and (6) be informed by technologies, monitoring methods, and mitigation protocols developed under the pilot project required by subsection (d). (d) Pilot project (1) Establishment In carrying out the Program, the Under Secretary shall first establish a pilot monitoring and mitigation project for North Atlantic right whales (referred to in this section as the pilot project (2) Requirements In designing and deploying the pilot project, the Under Secretary, in coordination with the heads of other relevant Federal agencies, shall, using the best available scientific information, identify and ensure coverage of— (A) core foraging habitats; and (B) important feeding, breeding, calving, rearing, or migratory habitats of North Atlantic right whales that co-occur with areas of high risk of mortality or serious injury of such whales from vessels, vessel strikes, or disturbance. (3) Components Not later than 3 years after the date of the enactment of this Act, the Under Secretary, in consultation with relevant Federal agencies and Tribal governments, and with input from affected stakeholders, shall design and deploy a near real-time monitoring system for North Atlantic right whales that— (A) comprises the best available detection power, spatial coverage, and survey effort to detect and localize North Atlantic right whales within core foraging habitats; (B) is capable of detecting North Atlantic right whales, including visually and acoustically; (C) uses dynamic habitat suitability models to inform the likelihood of North Atlantic right whale occurrence in core foraging habitat at any given time; (D) coordinates with the Integrated Ocean Observing System of the National Oceanic and Atmospheric Administration and Regional Ocean Partnerships to leverage monitoring assets; (E) integrates historical data; (F) integrates new near real-time monitoring methods and technologies as such methods and technologies become available; (G) accurately verifies and rapidly communicates detection data to appropriate ocean users; (H) creates standards for contributing, and allows ocean users to contribute, data to the monitoring system using comparable near real-time monitoring methods and technologies; (I) communicates the risks of injury to large cetaceans to ocean users in a manner that is most likely to result in informed decision-making regarding the mitigation of those risks; and (J) minimizes additional stressors to large cetaceans as a result of the information available to ocean users. (4) Reports (A) Preliminary report (i) In general Not later than 2 years after the date of the enactment of this Act, the Under Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives, and make available to the public, a preliminary report on the pilot project. (ii) Elements The report required by clause (i) shall include the following: (I) A description of the monitoring methods and technology in use or planned for deployment under the pilot project. (II) An analysis of the efficacy of the methods and technology in use or planned for deployment for detecting North Atlantic right whales. (III) An assessment of the manner in which the monitoring system designed and deployed under paragraph (3) is directly informing and improving the management, health, and survival of North Atlantic right whales. (IV) A prioritized identification of technology or research gaps. (V) A plan to communicate the risks of injury to large cetaceans to ocean users in a manner that is most likely to result in informed decision making regarding the mitigation of such risks. (VI) Any other information on the potential benefits and efficacy of the pilot project the Under Secretary considers appropriate. (B) Final report (i) In general Not later than 6 years after the date of the enactment of this Act, the Under Secretary, in coordination with the heads of other relevant Federal agencies, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives, and make available to the public, a final report on the pilot project. (ii) Elements The report required by clause (i) shall— (I) address the elements under subparagraph (A)(ii); and (II) include— (aa) an assessment of the benefits and efficacy of the pilot project; (bb) a strategic plan to expand the pilot project to provide near real-time monitoring and mitigation measures— (AA) to additional large cetaceans of concern for which such measures would reduce risk of serious injury or death; and (BB) in important feeding, breeding, calving, rearing, or migratory habitats of large cetaceans that co-occur with areas of high risk of mortality or serious injury from vessel strikes or disturbance; (cc) a budget and description of funds necessary to carry out such strategic plan; (dd) a prioritized plan for acquisition, deployment, and maintenance of monitoring technologies; and (ee) the locations or species to which such plan would apply. (e) Mitigation protocols The Under Secretary, in consultation with the Secretary, the Secretary of Defense, the Secretary of Transportation, and the Secretary of the Interior, and with input from affected stakeholders, shall develop and deploy mitigation protocols that make use of the monitoring system designed and deployed under subsection (d)(3) to direct sector-specific mitigation measures that avoid and significantly reduce risk of serious injury and mortality to North Atlantic right whales. (f) Access to data The Under Secretary shall provide access to data generated by the monitoring system designed and deployed under subsection (d)(3) for purposes of scientific research and evaluation and public awareness and education, including through the Right Whale Sighting Advisory System of the National Oceanic and Atmospheric Administration and WhaleMap or other successor public internet website portals, subject to review for national security considerations. (g) Additional authority The Under Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this section on such terms as the Under Secretary considers appropriate, consistent with the Federal Acquisition Regulation. (h) Savings clause An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States. (i) Authorization of appropriations There is authorized to be appropriated to the Under Secretary to support development, deployment, application, and ongoing maintenance of the Program $5,000,000 for each of fiscal years 2023 through 2027. 314. Pilot program to establish a Cetacean Desk for Puget Sound region (a) Establishment (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary, with the concurrence of the Under Secretary, shall establish a pilot program to establish a Cetacean Desk, which shall be— (A) located and manned within the Puget Sound Vessel Traffic Service; and (B) designed— (i) to improve coordination with the maritime industry to reduce the risk of vessel impacts to large cetaceans, including impacts from vessel strikes, disturbances, and other sources; and (ii) to monitor the presence and location of large cetaceans during the months during which such large cetaceans are present in Puget Sound, the Strait of Juan de Fuca, and the United States portion of the Salish Sea. (2) Duration and staffing The pilot program required by paragraph (1)— (A) shall— (i) be for a duration of 4 years; and (ii) require not more than 1 full-time equivalent position, who shall also contribute to other necessary Puget Sound Vessel Traffic Service duties and responsibilities as needed; and (B) may be supported by other existing Federal employees, as appropriate. (b) Engagement with vessel operators (1) In general Under the pilot program required by subsection (a), the Secretary shall require personnel of the Cetacean Desk to engage with vessel operators in areas where large cetaceans have been seen or could reasonably be present to ensure compliance with applicable laws, regulations, and voluntary guidance, to reduce the impact of vessel traffic on large cetaceans. (2) Contents In engaging with vessel operators as required by paragraph (1), personnel of the Cetacean Desk shall communicate where and when sightings of large cetaceans have occurred. (c) Memorandum of understanding The Secretary and the Under Secretary may enter into a memorandum of understanding to facilitate real-time sharing of data relating to large cetaceans between the Quiet Sound program of the State of Washington, the National Oceanic and Atmospheric Administration, and the Puget Sound Vessel Traffic Service, and other relevant entities, as appropriate. (d) Data The Under Secretary shall leverage existing data collection methods, the pilot project required by section 313, and public data to ensure accurate and timely information on the sighting of large cetaceans. (e) Consultations (1) In general In carrying out the pilot program required by subsection (a), the Secretary shall consult with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations. (2) Coordination with Canada When appropriate, the Secretary shall coordinate with the Government of Canada, consistent with policies and agreements relating to management of vessel traffic in Puget Sound. (f) Puget Sound Vessel Traffic Service local variance and policy The Secretary, with the concurrence of the Under Secretary and in consultation with the Captain of the Port for the Puget Sound region— (1) shall implement local variances, as authorized by subsection (c) of section 70001 of title 46, United States Code, to reduce the impact of vessel traffic on large cetaceans; and (2) may enter into cooperative agreements, in accordance with subsection (d) of that section, with Federal, State, and local officials to reduce the likelihood of vessel interactions with protected large cetaceans, which may include— (A) communicating marine mammal protection guidance to vessels; (B) training on requirements imposed by local, State, Tribal, and Federal laws and regulations and guidelines concerning— (i) vessel buffer zones; (ii) vessel speed; (iii) seasonal no-go zones for vessels; (iv) protected areas, including areas designated as critical habitat, as applicable to marine operations; and (v) any other activities to reduce the direct and indirect impact of vessel traffic on large cetaceans; (C) training to understand, utilize, and communicate large cetacean location data; and (D) training to understand and communicate basic large cetacean detection, identification, and behavior, including— (i) cues of the presence of large cetaceans such as spouts, water disturbances, breaches, or presence of prey; (ii) important feeding, breeding, calving, and rearing habitats that co-occur with areas of high risk of vessel strikes; (iii) seasonal large cetacean migration routes that co-occur with areas of high risk of vessel strikes; and (iv) areas designated as critical habitat for large cetaceans. (g) Report required Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter for the duration of the pilot program under this section, the Commandant, in coordination with the Under Secretary and the Administrator of the Maritime Administration, shall submit to the appropriate congressional committees a report that— (1) evaluates the functionality, utility, reliability, responsiveness, and operational status of the Cetacean Desk established under the pilot program required by subsection (a), including a quantification of reductions in vessel strikes to large cetaceans as a result of the pilot program; (2) assesses the efficacy of communication between the Cetacean Desk and the maritime industry and provides recommendations for improvements; (3) evaluates the integration and interoperability of existing data collection methods, as well as public data, into the Cetacean Desk operations; (4) assesses the efficacy of collaboration and stakeholder engagement with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations; and (5) evaluates the progress, performance, and implementation of guidance and training procedures for Puget Sound Vessel Traffic Service personnel, as required by subsection (f). 315. Monitoring ocean soundscapes (a) In general The Under Secretary shall maintain and expand an ocean soundscape development program— (1) to award grants to expand the deployment of Federal and non-Federal observing and data management systems capable of collecting measurements of underwater sound for purposes of monitoring and analyzing baselines and trends in the underwater soundscape to protect and manage marine life; (2) to continue to develop and apply standardized forms of measurements to assess sounds produced by marine animals, physical processes, and anthropogenic activities; and (3) after coordinating with the Secretary of Defense, to coordinate and make accessible to the public the datasets, modeling and analysis, and user-driven products and tools resulting from observations of underwater sound funded through grants awarded under paragraph (1). (b) Coordination The program described in subsection (a) shall— (1) include the Ocean Noise Reference Station Network of the National Oceanic and Atmospheric Administration and the National Park Service; (2) use and coordinate with the Integrated Ocean Observing System; and (3) coordinate with the Regional Ocean Partnerships and the Director of the United States Fish and Wildlife Service, as appropriate. (c) Priority In awarding grants under subsection (a), the Under Secretary shall consider the geographic diversity of the recipients of such grants. (d) Savings clause An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States. (e) Authorization of appropriations There is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2028 to carry out this section. B Oil spills 321. Improving oil spill preparedness The Under Secretary of Commerce for Oceans and Atmosphere shall include in the Automated Data Inquiry for Oil Spills database (or a successor database) used by National Oceanic and Atmospheric Administration oil weathering models new data, including peer-reviewed data, on properties of crude and refined oils, including data on diluted bitumen, as such data becomes publicly available. 322. Western Alaska oil spill planning criteria (a) Alaska Oil Spill Planning Criteria Program (1) In general Chapter 3 323. Western Alaska Oil Spill Planning Criteria Program (a) Establishment There is established within the Coast Guard a Western Alaska Oil Spill Planning Criteria Program (referred to in this section as the Program (b) Program manager (1) In general Not later than 1 year after the date of the enactment of this section, the Commandant shall select a permanent civilian career employee through a competitive search process for a term not less than 5 years to serve as the Western Alaska Oil Spill Criteria Program Manager (referred to in this section as the Program Manager (A) the primary duty of whom shall be to administer the Program; and (B) who shall not be subject to frequent or routine reassignment. (2) Conflicts of interest The individual selected to serve as the Program Manager shall not have conflicts of interest relating to entities regulated by the Coast Guard. (3) Duties (A) Development of guidance The Program Manager shall develop guidance for— (i) approval, drills, and testing relating to the Western Alaska oil spill planning criteria; and (ii) gathering input concerning such planning criteria from Federal agencies, State, local, and Tribal governments, and relevant industry and nongovernmental entities. (B) Assessments Not less frequently than once every 5 years, the Program Manager shall— (i) assess whether such existing planning criteria adequately meet the needs of vessels operating in the geographic area; and (ii) identify methods for advancing response capability so as to achieve, with respect to a vessel, compliance with national planning criteria. (C) Onsite verifications The Program Manager shall address the relatively small number and limited nature of verifications of response capabilities for vessel response plans by increasing, within the Seventeenth Coast Guard District, the quantity and frequency of onsite verifications of the providers identified in vessel response plans. (c) Training The Commandant shall enhance the knowledge and proficiency of Coast Guard personnel with respect to the Program by— (1) developing formalized training on the Program that, at a minimum— (A) provides in-depth analysis of— (i) the national planning criteria described in part 155 of title 33, Code of Federal Regulations (or successor regulations); (ii) alternative planning criteria; (iii) Western Alaska oil spill planning criteria; (iv) Captain of the Port and Federal On-Scene Coordinator authorities related to activation of a vessel response plan; (v) the responsibilities of vessel owners and operators in preparing a vessel response plan for submission; and (vi) responsibilities of the Area Committee, including risk analysis, response capability, and development of alternative planning criteria; (B) explains the approval processes of vessel response plans that involve alternative planning criteria or Western Alaska oil spill planning criteria; and (C) provides instruction on the processes involved in carrying out the actions described in paragraphs (9)(D) and (9)(F) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) (i) in any geographic area in the United States; and (ii) specifically in the Seventeenth Coast Guard District; and (2) providing such training to all Coast Guard personnel involved in the Program. (d) Definitions In this section: (1) Alternative planning criteria The term alternative planning criteria (2) Tribal The term Tribal 25 U.S.C. 5304 (3) Vessel response plan The term vessel response plan 33 U.S.C. 1321(j)(5) (4) Western Alaska oil spill planning criteria The term Western Alaska oil spill planning criteria 33 U.S.C. 1321(j) . (2) Clerical amendment The analysis for chapter 3 323. Western Alaska Oil Spill Planning Criteria Program. . (b) Western Alaska oil spill planning criteria (1) Amendment Section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) (9) Alternative planning criteria program (A) Definitions In this paragraph: (i) Alternative planning criteria The term alternative planning criteria (ii) Prince William Sound Captain of the Port Zone The term Prince William Sound Captain of the Port Zone (iii) Secretary The term Secretary (iv) Tribal The term Tribal 25 U.S.C. 5304 (v) Vessel response plan The term vessel response plan (vi) Western Alaska Captain of the Port Zone The term Western Alaska Captain of the Port Zone (B) Requirement Except as provided in subparagraph (I), for any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in that area, a response plan required under paragraph (5) with respect to a discharge of oil for such a vessel shall comply with the planning criteria established under subparagraph (D)(i). (C) Relation to national planning criteria The planning criteria established under subparagraph (D)(i) shall, with respect to a discharge of oil from a vessel described in subparagraph (B), apply in lieu of any alternative planning criteria accepted for vessels operating in that area prior to the date on which the planning criteria under subparagraph (D)(i) are established. (D) Establishment of planning criteria The President, acting through the Commandant in consultation with the Western Alaska Oil Spill Criteria Program Manager established under section 323 of title 14, United States Code, shall establish— (i) Alaska oil spill planning criteria for a worst case discharge of oil, and a substantial threat of such a discharge, within any part of the area of responsibility of the Western Alaska Captain of the Port Zone or Prince William Sound Captain of the Port Zone in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in that area; and (ii) standardized submission, review, approval, and compliance verification processes for the planning criteria established under clause (i), including the quantity and frequency of drills and on-site verifications of vessel response plans accepted pursuant to those planning criteria. (E) Inclusions (i) In general The Western Alaska oil spill planning criteria established under subparagraph (D)(i) shall include planning criteria for the following: (I) Mechanical oil spill response resources that are required to be located within that area. (II) Response times for mobilization of oil spill response resources and arrival on the scene of a worst case discharge of oil, or substantial threat of such a discharge, occurring within that area. (III) Pre-identified vessels for oil spill response that are capable of operating in the ocean environment. (IV) Ensuring the availability of at least 1 oil spill removal organization that is classified by the Coast Guard and that— (aa) is capable of responding in all operating environments in that area; (bb) controls oil spill response resources of dedicated and nondedicated resources within that area, through ownership, contracts, agreements, or other means approved by the President, sufficient— (AA) to mobilize and sustain a response to a worst case discharge of oil; and (BB) to contain, recover, and temporarily store discharged oil; (cc) has pre-positioned oil spill response resources in strategic locations throughout that area in a manner that ensures the ability to support response personnel, marine operations, air cargo, or other related logistics infrastructure; (dd) has temporary storage capability using both dedicated and non-dedicated assets located within that area; (ee) has non-mechanical oil spill response resources, to be available under contracts, agreements, or other means approved by the President, capable of responding to a discharge of persistent oil and a discharge of nonpersistent oil, whether the discharged oil was carried by a vessel as fuel or cargo; and (ff) considers availability of wildlife response resources for primary, secondary, and tertiary responses to support carcass collection, sampling, deterrence, rescue, and rehabilitation of birds, sea turtles, marine mammals, fishery resources, and other wildlife. (V) With respect to tank barges carrying nonpersistent oil in bulk as cargo, oil spill response resources that are required to be carried on board. (VI) Specifying a minimum length of time that approval of a response plan under this paragraph is valid. (VII) Managing wildlife protection and rehabilitation, including identified wildlife protection and rehabilitation resources in that area. (ii) Additional considerations The Commandant may consider criteria regarding— (I) vessel routing measures consistent with international routing measure deviation protocols; and (II) maintenance of real-time continuous vessel tracking, monitoring, and engagement protocols with the ability to detect and address vessel operation anomalies. (F) Requirement for approval The President may approve a response plan for a vessel under this paragraph only if the owner or operator of the vessel demonstrates the availability of the oil spill response resources required to be included in the response plan under the planning criteria established under subparagraph (D)(i). (G) Periodic audits The Secretary shall conduct periodic audits to ensure compliance of vessel response plans and oil spill removal organizations within the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone with the planning criteria under subparagraph (D)(i). (H) Review of determination Not less frequently than once every 5 years, the Secretary shall review each determination of the Secretary under subparagraph (B) that the national planning criteria are inappropriate for a vessel operating in the area of responsibility of the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone. (I) Savings provisions Nothing in this paragraph affects— (i) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Western Alaska Captain of the Port Zone; (ii) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Prince William Sound Captain of the Port Zone under section 5005 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2735 (iii) the authority of a Federal On-Scene Coordinator to use any available resources when responding to an oil spill. . (2) Establishment of Alaska oil spill planning criteria (A) Deadline Not later than 2 years after the date of the enactment of this Act, the President shall establish the planning criteria required to be established under paragraph (9)(D)(i) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) (B) Consultation In establishing the planning criteria described in subparagraph (B), the President shall consult with the Federal, State, local, and Tribal agencies, and the owners and operators, that would be subject to those planning criteria, oil spill removal organizations, Alaska Native organizations, and environmental nongovernmental organizations located within the State of Alaska. (C) Government-to-government consultation The Secretary shall conduct government-to-government consultation with federally recognized Indian Tribes, as requested and appropriate for activities authorized by this section. (D) Congressional report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the status of implementation of paragraph (9) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) 323. Accident and incident notification relating to pipelines (a) Repeal Subsection (c) of section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 ( 49 U.S.C. 60117 Public Law 112–90 (b) Application Section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 ( 49 U.S.C. 60117 Public Law 112–90 324. Coast Guard claims processing costs Section 1012(a)(4) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(4) damages; damages, including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process those claims (including the costs of commercial claims processing, expert services, training, and technical services), subject to the condition that the Coast Guard shall submit to Congress a report describing the spill of national significance not later than 30 days after the date on which the Coast Guard determines it necessary to process those claims; 325. Calculation of interest on debt owed to the national pollution fund Section 1005(b)(4) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2705(b)(4) (1) by striking The interest paid (A) In general The interest paid for claims, other than Federal Government cost recovery claims, ; and (2) by adding at the end the following: (B) Federal cost recovery claims The interest paid for Federal Government cost recovery claims under this section shall be calculated in accordance with section 3717 of title 31, United States Code. . 326. Per-incident limitation Subparagraph (A) of section 9509(c)(2) (1) in clause (i), by striking $1,000,000,000 $1,500,000,000 (2) in clause (ii), by striking $500,000,000 $750,000,000 (3) in the heading, by striking $1,000,000,000 $1,500,000,000 327. Access to the Oil Spill Liability Trust Fund Section 6002 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2752 (b) Exceptions (1) In general Subsection (a) shall not apply to— (A) section 1006(f), 1012(a)(4), or 5006; or (B) an amount, which may not exceed $50,000,000 in any fiscal year, made available by the President from the Fund— (i) to carry out section 311(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(c) (ii) to initiate the assessment of natural resources damages required under section 1006. (2) Fund advances (A) In general To the extent that the amount described in subparagraph (B) of paragraph (1) is not adequate to carry out the activities described in that subparagraph, the Coast Guard may obtain 1 or more advances from the Fund as may be necessary, up to a maximum of $100,000,000 for each advance, with the total amount of advances not to exceed the amounts available under section 9509(c)(2) (B) Notification to Congress Not later than 30 days after the date on which the Coast Guard obtains an advance under subparagraph (A), the Coast Guard shall notify Congress of— (i) the amount advanced; and (ii) the facts and circumstances that necessitated the advance. (C) Repayment Amounts advanced under this paragraph shall be repaid to the Fund when, and to the extent that, removal costs are recovered by the Coast Guard from responsible parties for the discharge or substantial threat of discharge. (3) Availability Amounts to which this subsection applies shall remain available until expended. . 328. Cost-reimbursable agreements Section 1012 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712 (1) in subsection (a)(1)(B), by striking by a Governor or designated State official by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement (2) by striking subsections (d) and (e) and inserting the following: (d) Cost-Reimbursable agreement (1) In general In carrying out section 311(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(c) (2) Inapplicability Neither section 1535 of title 31, United States Code, nor chapter 63 of that title shall apply to a cost-reimbursable agreement entered into under this subsection. ; and (3) by redesignating subsections (f), (h), (i), (j), (k), and (l) as subsections (e), (f), (g), (h), (i), and (j), respectively. 329. Oil spill response review (a) In general Subject to the availability of appropriations, the Commandant shall develop and carry out a program— (1) to increase collection and improve the quality of incident data on oil spill location and response capability by periodically evaluating the data, documentation, and analysis of— (A) Coast Guard-approved vessel response plans, including vessel response plan audits and assessments; (B) oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) (C) responses to oil spill incidents that require mobilization of contracted response resources; (2) to update, not less frequently than annually, information contained in the Coast Guard Response Resource Inventory and other Coast Guard tools used to document the availability and status of oil spill response equipment, so as to ensure that such information remains current; and (3) subject to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (b) Policy Not later than 1 year after the date of the enactment of this Act, the Commandant shall issue a policy— (1) to establish processes to maintain the program under subsection (a) and support Coast Guard oil spill prevention and response activities, including by incorporating oil spill incident data from after-action oil spill reports and data ascertained from vessel response plan exercises and audits into— (A) review and approval process standards and metrics; (B) Alternative Planning Criteria (APC) review processes; (C) Area Contingency Plan (ACP) development; and (D) risk assessments developed under section 70001 of title 46, United States Code, including lessons learned from reportable marine casualties; (2) to standardize and develop tools, training, and other relevant guidance that may be shared with vessel owners and operators to assist with accurately calculating and measuring the performance and viability of proposed alternatives to national planning criteria requirements and Area Contingency Plans under the jurisdiction of the Coast Guard; (3) to improve training of Coast Guard personnel to ensure continuity of planning activities under this section, including by identifying ways in which civilian staffing may improve the continuity of operations; and (4) to increase Federal Government engagement with State, local, and Tribal governments and stakeholders so as to strengthen coordination and efficiency of oil spill responses. (c) Periodic updates Not less frequently than every 5 years, the Commandant shall update the processes established under subsection (b)(1) to incorporate relevant analyses of— (1) incident data on oil spill location and response quality; (2) oil spill risk assessments; (3) oil spill response effectiveness and the affects of such response on the environment; (4) oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) (5) marine casualties reported to the Coast Guard; and (6) near miss incidents documented by a Vessel Traffic Service Center (as such terms are defined in sections 70001(m) of title 46, United States Code). (d) Report (1) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of ongoing and planned efforts to improve the effectiveness and oversight of the vessel response program. (2) Public availability The Commandant shall publish the report required by subparagraph (A) on a publicly accessible internet website of the Coast Guard. 330. Review and report on limited indemnity provisions in standby oil spill response contracts (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the effects of removing limited indemnity provisions from Coast Guard oil spill response contracts entered into by the President (or a delegate) under section 311(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(c) (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the adequacy of contracts described in that subsection in meeting the needs of the United States to carry out oil spill clean-ups under the National Contingency Plan (as defined in section 311(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(a) (2) A review of the costs incurred by the Coast Guard, the Oil Spill Liability Trust Fund established by section 9509(a) (3) An assessment of the adequacy of contracts described in that subsection in meeting the needs of the United States to carry out oil spill clean-ups under the National Contingency Plan (as so defined) after limited indemnity provisions for oil spill response organizations were removed from those contracts in 2014. (4) An assessment of the impact that the removal of limited indemnity provisions described in paragraph (3) has had on the ability of oil spill response organizations to enter into contracts described in that subsection. (5) An assessment of the ability of the Oil Spill Liability Trust Fund established by section 9509(a) 331. Additional exceptions to regulations for towing vessels (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall review existing Coast Guard policies with respect to exceptions to the applicability of subchapter M of chapter I of title 46, Code of Federal Regulations (or successor regulations), for— (1) an oil spill response vessel, or a vessel of opportunity, while such vessel is— (A) towing boom for oil spill response; or (B) participating in an oil response exercise; and (2) a fishing vessel while that vessel is operating as a vessel of opportunity. (b) Policy Not later than 180 days after the conclusion of the review required by subsection (a), the Secretary shall revise or issue any necessary policy to clarify the applicability of subchapter M of chapter I of title 46, Code of Federal Regulations (or successor regulations) to the vessels described in subsection (a). Such a policy shall ensure safe and effective operation of such vessels. (c) Definitions In this section: (1) Fishing vessel; oil spill response vessel The terms fishing vessel oil spill response vessel (2) Vessel of opportunity The term vessel of opportunity C Environmental compliance 341. Review of anchorage regulations (a) Regulatory review Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a review of existing anchorage regulations or other rules and identify regulations or rules that may need modification in the interest of marine safety, security, and environmental concerns, taking into account undersea pipelines, cables, or other infrastructure. (b) Briefing Upon completion of the review under paragraph (1), but not later than 2 years after the date of enactment of this Act, the Secretary shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the review. 342. Study on impacts on shipping and commercial, Tribal, and recreational fisheries from the development of renewable energy on the West Coast (a) Definitions In this section: (1) Covered waters The term covered waters (2) Exclusive economic zone The term exclusive economic zone (b) Study Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of the Interior, and the Under Secretary of Commerce for Oceans and Atmosphere, shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall carry out a study to— (1) identify, document, and analyze— (A) historic and current, as of the date of the study, Tribal, commercial, and recreational fishing grounds, as well as areas where fish stocks are likely to shift in the future in all covered waters; (B) usual and accustomed fishing areas in all covered waters; (C) historic, current, and potential future shipping lanes, based on projected growth in shipping traffic in all covered waters; and (D) key data needed to properly site renewable energy sites on the West Coast; (2) analyze— (A) methods used to manage fishing, shipping, and other maritime activities; and (B) how those activities could be impacted by the placement of renewable energy infrastructure and the associated construction, maintenance, and operation such infrastructure; and (3) provide recommendations on appropriate areas for renewable energy sites and outline a comprehensive approach to include all impacted coastal communities, particularly Tribal governments and fisheries communities, in the decision-making process. (c) Submission Not later than 1 year after commencing the study under subsection (b), the Secretary shall— (1) submit the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, including all recommendations provided under subsection (b)(3); and (2) make the study publicly available. D Environmental issues 351. Modifications to the Sport Fish Restoration and Boating Trust Fund administration (a) Dingell-Johnson Sport Fish Restoration Act amendments (1) Available amounts Section 4(b)(1)(B)(i) of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777c(b)(1)(B)(i) (I) the product obtained by multiplying— (aa) $12,786,434; and (bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor; and . (2) Authorized expenses Section 9(a) of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777h(a) (A) in paragraph (7), by striking full-time (B) in paragraph (9), by striking on a full-time basis (b) Pittman-Robertson Wildlife Restoration Act amendments (1) Available amounts Section 4(a)(1)(B)(i) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669c(a)(1)(B)(i) (I) the product obtained by multiplying— (aa) $12,786,434; and (bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor; and . (2) Authorized expenses Section 9(a) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h(a) (A) in paragraph (7), by striking full-time (B) in paragraph (9), by striking on a full-time basis 352. Improvements to Coast Guard communication with North Pacific maritime and fishing industry (a) Rescue 21 system in Alaska (1) Upgrades The Commandant shall ensure the timely upgrade of the Rescue 21 system in Alaska so as to achieve, not later than August 30, 2023, 98 percent operational availability of remote fixed facility sites. (2) Plan to reduce outages (A) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall develop an operations and maintenance plan for the Rescue 21 system in Alaska that anticipates maintenance needs so as to reduce Rescue 21 system outages to the maximum extent practicable. (B) Public availability The plan required by subparagraph (A) shall be made available to the public on a publicly accessible internet website. (3) Report required Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (A) contains a plan for the Coast Guard to notify mariners of radio outages for towers owned and operated by the Seventeenth Coast Guard District; (B) addresses in such plan how the Seventeenth Coast Guard will— (i) disseminate updates regarding outages on social media not less frequently than every 48 hours; (ii) provide updates on a publicly accessible website not less frequently than every 48 hours; (iii) develop methods for notifying mariners in areas in which cellular connectivity does not exist; and (iv) develop and advertise a web-based communications update hub on AM/FM radio for mariners; and (C) identifies technology gaps necessary to implement the plan and provides a budgetary assessment necessary to implement the plan. (4) Contingency plan (A) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall, in collaboration with relevant Federal and State entities (including the North Pacific Fishery Management Council, the National Oceanic and Atmospheric Administration Weather Service, the National Oceanic and Atmospheric Administration Fisheries Service, agencies of the State of Alaska, local radio stations, and stakeholders), establish a contingency plan to ensure that notifications of an outage of the Rescue 21 system in Alaska are broadly disseminated in advance of such outage. (B) Elements The plan required by subparagraph (A) shall require Coast Guard— (i) to disseminate updates regarding outages on social media not less frequently than every 48 hours during an outage; (ii) to provide updates on a publicly accessible website not less frequently than every 48 hours during an outage; (iii) to notify mariners in areas in which cellular connectivity does not exist; (iv) to develop and advertise a web-based communications update hub on AM/FM radio for mariners; and (v) to identify technology gaps necessary to implement the plan and provides a budgetary assessment necessary to implement the plan. (b) Improvements to communication with the fishing industry and related stakeholders (1) In general The Commandant, in coordination with the National Commercial Fishing Safety Advisory Committee established by section 15102 of title 46, United States Code, shall develop a publicly accessible internet website that contains all information related to fishing industry activities, including vessel safety, inspections, enforcement, hazards, training, regulations (including proposed regulations), Rescue 21 system outages and similar outages, and any other fishing-related activities. (2) Automatic communications The Commandant shall provide methods for regular and automatic email communications with stakeholders who elect, through the internet website developed under paragraph (1), to receive such communications. (c) Advance notification of military or other exercises In consultation with the Secretary of Defense, the Secretary of State, and commercial fishing industry participants, the Commandant shall develop and publish on a publicly available internet website a plan for notifying United States mariners and the operators of United States fishing vessels in advance of— (1) military exercises in the exclusive economic zone of the United States (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 (2) other military activities that will impact recreational or commercial activities. 353. Fishing safety training grants program Section 4502(i)(4) of title 46, United States Code, is amended by striking 2018 through 2021 2023 through 2025 354. Load lines (a) Definition of covered fishing vessel In this section, the term covered fishing vessel (1) was constructed, under construction, or under contract to be constructed as a fish tender vessel before January 1, 1980; (2) was converted for use as a fish tender vessel before January 1, 2022, and— (A) the vessel has a current stability letter issued in accordance with regulations prescribed under chapter 51 (B) the hull and internal structure of the vessel has been verified as suitable for intended service as examined by a marine surveyor of an organization accepted by the Secretary 2 times in the 5 years preceding the date of the determination under this subsection, with no interval of more than 3 years between such examinations; or (3) operates part-time as a fish tender vessel for a period of less than 180 days. (b) Application to certain vessels During the period beginning on the date of enactment of this Act and ending on the date that is 3 years after the date on which the report required under subsection (c) is submitted, the load line requirements of chapter 51 (c) GAO report (1) In general Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (A) a report on the safety and seaworthiness of vessels referenced in section 5102(b)(5) of title 46, United States Code; and (B) recommendations for exempting certain vessels from the load line requirements under chapter 51 (2) Elements The report required under paragraph (1) shall include the following: (A) An assessment of stability requirements of vessels referenced in section 5102(b)(5) of title 46, United States Code. (B) An analysis of vessel casualties, mishaps, or other safety information relevant to load line requirements when a vessel is operating part-time as a fish tender vessel. (C) An assessment of any other safety information as the Comptroller General determines appropriate. (D) A list of all vessels that, as of the date of the report— (i) are covered under section 5102(b)(5) of title 46, United States Code; (ii) are acting as part-time fish tender vessels; and (iii) are subject to any captain of the port zone subject to the oversight of the Commandant. (3) Consultation In preparing the report required under paragraph (1), the Comptroller General shall consider consultation with, at a minimum, the maritime industry, including— (A) relevant Federal, State, and tribal maritime associations and groups; and (B) relevant federally funded research institutions, nongovernmental organizations, and academia. (d) Applicability Nothing in this section shall limit any authority available, as of the date of enactment of this Act, to the captain of a port with respect to safety measures or any other authority as necessary for the safety of covered fishing vessels. E Illegal fishing and forced labor prevention 361. Definitions In this subtitle: (1) Forced labor The term forced labor (2) Human trafficking The term human trafficking severe forms of trafficking in persons 22 U.S.C. 7102 (3) Illegal, unreported, or unregulated fishing The term illegal, unreported, or unregulated fishing 16 U.S.C. 1826j(e) (4) Oppressive child labor The term oppressive child labor 29 U.S.C. 203 (5) Seafood The term seafood (6) Seafood Import Monitoring Program The term Seafood Import Monitoring Program (7) Secretary The term Secretary 1 Combating Human Trafficking Through Seafood Import Monitoring 362. Enhancement of Seafood Import Monitoring Program Automated Commercial Environment Message Set The Secretary, in coordination with the Commissioner of U.S. Customs and Border Protection, shall, not later than 6 months after the date of enactment of this Act, develop a strategy to improve the quality and verifiability of already collected Seafood Import Monitoring Program Message Set data elements in the Automated Commercial Environment system. Such strategy shall prioritize the use of enumerated data types, such as checkboxes, dropdown menus, or radio buttons, and any additional elements the Administrator of the National Oceanic and Atmospheric Administration finds appropriate. 363. Data sharing and aggregation (a) Interagency Working Group on Illegal, Unreported, or Unregulated Fishing Section 3551(c) of the Maritime SAFE Act ( 16 U.S.C. 8031(c) (1) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively; and (2) by inserting after paragraph (3) the following: (4) maximizing the utility of the import data collected by the members of the Working Group by harmonizing data standards and entry fields; . (b) Prohibition on aggregated catch data for certain species Beginning not later than 1 year after the date of enactment of this Act, for the purposes of compliance with respect to Northern red snapper under the Seafood Import Monitoring Program, the Secretary may not allow an aggregated harvest report of such species, regardless of vessel size. 364. Import audits (a) Audit procedures The Secretary shall, not later than 1 year after the date of enactment of this Act, implement procedures to audit information and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statistically robust conclusions that the samples audited are representative of all seafood imports with respect to a given year. (b) Expansion of marine forensics laboratory The Secretary shall, not later than 1 year after the date of enactment of this Act, begin the process of expanding the National Oceanic and Atmospheric Administration's Marine Forensics Laboratory, including by establishing sufficient capacity for the development and deployment of rapid, and follow-up, analysis of field-based tests focused on identifying Seafood Import Monitoring Program species, and prioritizing such species at high risk of illegal, unreported, or unregulated fishing and seafood fraud. (c) Annual revision In developing the procedures required in subsection (a), the Secretary shall use predictive analytics to inform whether to revise such procedures to prioritize for audit those imports originating from nations— (1) identified pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(a) (2) identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other nations or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fishing; (3) identified as having human trafficking or forced labor in any part of the seafood supply chain, including on vessels flagged in such nation, and including feed for cultured production, in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq. (4) identified as producing goods that contain seafood using forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act ( 22 U.S.C. 7101 et seq. (5) identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries by the report required under section 3563 of the Maritime SAFE Act ( Public Law 116–92 365. Availability of fisheries information Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881a(b)(1) (1) in subparagraph (G), by striking or (2) in subparagraph (H), by striking the period and inserting ; or (3) by adding at the end the following: (I) to Federal agencies, to the extent necessary and appropriate, to administer Federal programs established to combat illegal, unreported, or unregulated fishing (as defined in section 361 of the Coast Guard Authorization Act of 2022 Coast Guard Authorization Act of 2022 . 366. Authority to hold fish products Section 311(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861(b)(1) (1) in subparagraph (B), by striking and (2) in subparagraph (C), by striking the period and inserting ; and (3) by adding at the end the following a new subparagraph: (D) detain, for a period of not more than 14 days, any shipment of fish or fish product imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is determined to be perishable, sell and retain the proceeds therefrom for a period of not more than 21 days. . 367. Report on Seafood Import Monitoring Program (a) Report to Congress and public availability of reports The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report that summarizes the National Marine Fisheries Service’s efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the website of the National Oceanic and Atmospheric Administration. (b) Contents Each report submitted under subsection (a) shall include— (1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year; (2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program; (3) the percentage of import shipments subject to the Seafood Import Monitoring Program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations; (4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program; (5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program; (6) the seafood species with respect to which violations described in paragraphs (4) and (5) were most prevalent; (7) the location of catch or harvest with respect to which violations described in paragraphs (4) and (5) were most prevalent; (8) the additional tools, such as high performance computing and associated costs, that the Secretary needs to improve the efficacy of the Seafood Import Monitoring Program; and (9) such other information as the Secretary considers appropriate with respect to monitoring and enforcing compliance with the Seafood Import Monitoring Program. 368. Authorization of appropriations There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection to carry out enforcement actions pursuant to section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 2 Strengthening international fisheries management to combat human trafficking 370. Denial of port privileges Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement Act ( 16 U.S.C. 1826a(a)(2) (2) Denial of port privileges The Secretary of Homeland Security shall, in accordance with international law— (A) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for any large-scale driftnet fishing vessel of a nation that receives a negative certification under section 609(d) or 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(d) 16 U.S.C. 1826j(b) 16 U.S.C. 1826h (B) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for fishing vessels of a nation that has been listed pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(a) 16 U.S.C. 1826h (C) deny entry of that vessel to any place in the United States and to the navigable waters of the United States, except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action. . 371. Identification and certification criteria (a) Denial of port privileges Section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(a) (1) by striking paragraph (2) and inserting the following: (2) For actions of a nation The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing. In determining which nations to list in such report, the Secretary shall consider the following: (A) Any nation that is violating, or has violated at any point during the 3 years preceding the date of the determination, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement to which the United States is a party. (B) Any nation that is failing, or has failed in the 3-year period preceding the date of the determination, to effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing. (C) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port, or coastal state to take action to prevent, deter, and eliminate illegal, unreported, or unregulated fishing. (D) Any nation that has been identified as producing for export to the United States seafood-related goods through forced labor or oppressive child labor (as those terms are defined in section 361 of the Coast Guard Authorization Act of 2022 22 U.S.C. 7101 et seq. ; and (2) by adding at the end the following: (4) Timing The Secretary shall make an identification under paragraph (1) or (2) at any time that the Secretary has sufficient information to make such identification. . (b) Illegal, unreported, or unregulated certification determination Section 609 of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j (1) in subsection (d), by striking paragraph (3) and inserting the following: (3) Effect of certification determination (A) Effect of negative certification The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 101 of the High Seas Driftnet Fisheries Enforcement Act ( 16 U.S.C. 1826a(a) (B) Effect of positive certification The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 101 of the High Seas Driftnet Fisheries Enforcement Act ( 16 U.S.C. 1826a(a) ; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (d) the following: (e) Recordkeeping requirements The Secretary shall ensure that seafood or seafood products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program described in part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulation). . 372. Equivalent conservation measures (a) Identification Section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(a) (a) Identification (1) In general The Secretary shall identify and list in the report under section 607— (A) a nation if— (i) any fishing vessel of that nation is engaged, or has been engaged during the 3 years preceding the date of the determination, in fishing activities or practices on the high seas or within the exclusive economic zone of any nation, that have resulted in bycatch of a protected living marine resource; and (ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable in effectiveness to the regulatory program of the United States, taking into account differing conditions; and (B) a nation if— (i) any fishing vessel of that nation is engaged, or has engaged during the 3 years preceding the date of the determination, in fishing activities on the high seas or within the exclusive economic zone of another nation that target or incidentally catch sharks; and (ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port, that is comparable to that of the United States. (2) Timing The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification. . (b) Consultation and negotiation Section 610(b) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(b) (b) Consultation and negotiation The Secretary of State, acting in conjunction with the Secretary, shall— (1) notify, as soon as practicable, the President and nations that are engaged in, or that have any fishing vessels engaged in, fishing activities or practices described in subsection (a), about the provisions of this Act; (2) initiate discussions as soon as practicable with all foreign nations that are engaged in, or a fishing vessel of which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and multilateral treaties with such nations to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act; (3) seek agreements calling for international restrictions on fishing activities or practices described in subsection (a) through the United Nations, the Committee on Fisheries of the Food and Agriculture Organization of the United Nations, and appropriate international fishery management bodies; and (4) initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section. . (c) Conservation certification procedure Section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(c) (1) in paragraph (2), by inserting the public and comment by (2) in paragraph (4)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following: (C) ensure that any such fish or fish products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program established in subpart Q of part 300 of title 50, Code of Federal Regulations (or any successor regulation). ; and (3) in paragraph (5), by striking (except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal, unreported, or unregulated fishing) (d) Definition of protected living marine resource Section 610(e) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(e) (1) except as provided in paragraph (2), means nontarget fish, sea turtles, or marine mammals that are protected under United States law or international agreement, including— (A) the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (C) the Shark Finning Prohibition Act ( 16 U.S.C. 1822 (D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249); but . 373. Capacity building in foreign fisheries (a) In general The Secretary of Commerce, in consultation with the heads of other Federal agencies, as appropriate, shall develop and carry out with partner governments and civil society— (1) multi-year international environmental cooperation agreements and projects; and (2) multi-year capacity-building projects for implementing measures to address illegal, unreported, or unregulated fishing, fraud, forced labor, bycatch, and other conservation measures. (b) Capacity building Section 3543(d) of the Maritime SAFE Act ( 16 U.S.C. 8013(d) (1) in the matter preceding paragraph (1), by striking as appropriate, (2) in paragraph (3), by striking as appropriate for all priority regions identified by the Working Group (c) Reports Section 3553 of the Maritime SAFE Act ( 16 U.S.C. 8033 (1) in paragraph (7), by striking and (2) in paragraph (8), by striking the period at the end and inserting ; and (3) by adding at the end the following: (9) the status of work with global enforcement partners. . 374. Training of United States observers Section 403(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881b(b) (1) in paragraph (3), by striking and (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: (4) ensure that each observer has received training to identify indicators of forced labor (as defined in section 361 of the Coast Guard Authorization Act of 2022 Coast Guard Authorization Act of 2022 . 375. Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as may be necessary to carry out this title. IV Support for Coast Guard workforce A Support for Coast Guard members and families 401. Coast Guard child care improvements (a) Family discount for child development services Section 2922(b)(2) of title 14, United States Code, is amended by adding at the end the following: (D) In the case of an active duty member with two or more children attending a Coast Guard child development center, the Commandant may modify the fees to be charged for attendance for the second and any subsequent child of such member by an amount that is 15 percent less than the amount of the fee otherwise chargeable for the attendance of the first such child enrolled at the center, or another fee as the Commandant determines appropriate, consistent with multiple children. . (b) Child development center standards and inspections Section 2923(a) of title 14, United States Code, is amended to read as follows: (a) Standards The Commandant shall require each Coast Guard child development center to meet standards of operation— (1) that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center; and (2) necessary for accreditation by an appropriate national early childhood programs accrediting entity. . (c) Child care subsidy program (1) Authorization (A) In general Subchapter II of chapter 29 2927. Child care subsidy program (a) Authority The Commandant may operate a child care subsidy program to provide financial assistance to eligible providers that provide child care services or youth program services to members of the Coast Guard and any other individual the Commandant considers appropriate, if— (1) providing such financial assistance— (A) is in the best interests of the Coast Guard; and (B) enables supplementation or expansion of the provision of Coast Guard child care services, while not supplanting or replacing Coast Guard child care services; and (2) the Commandant ensures, to the extent practicable, that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards applicable to Coast Guard child care services. (b) Eligible providers A provider of child care services or youth program services is eligible for financial assistance under this section if the provider— (1) is licensed to provide such services under applicable State and local law; (2) is registered in an au pair program of the Department of State; (3) is a family home daycare; or (4) is a provider of family child care services that— (A) otherwise provides federally funded or federally sponsored child development services; (B) provides such services in a child development center owned and operated by a private, not-for-profit organization; (C) provides a before-school or after-school child care program in a public school facility; (D) conducts an otherwise federally funded or federally sponsored school-age child care or youth services program; (E) conducts a school-age child care or youth services program operated by a not-for-profit organization; (F) provides in-home child care, such as a nanny or an au pair; or (G) is a provider of another category of child care services or youth program services the Commandant considers appropriate for meeting the needs of members or civilian employees of the Coast Guard. (c) Funding To provide financial assistance under this subsection, the Commandant may use any funds appropriated for the Coast Guard for operation and maintenance. . (B) Clerical amendment The analysis for chapter 29 section 2926 2927. Child care subsidy program. . (2) Expansion of child care subsidy program (A) In general The Commandant shall— (i) evaluate potential eligible uses for the child care subsidy program established under section 2927 of title 14, United States Code (referred to in this paragraph as the program (ii) expand the eligible uses of funds for the program to accommodate the child care needs of members of the Coast Guard (including such members with nonstandard work hours and surge or other deployment cycles), including by providing funds directly to such members instead of care providers. (B) Considerations In evaluating potential eligible uses under subparagraph (A), the Commandant shall consider au pairs, nanny services, nanny shares, in-home child care services, care services such as supplemental care for children with disabilities, and any other child care delivery method the Commandant considers appropriate. (C) Requirements In establishing expanded eligible uses of funds for the program, the Commandant shall ensure that such uses— (i) are in the best interests of the Coast Guard; (ii) provide flexibility for members of the Coast Guard, including such members and employees with nonstandard work hours; and (iii) ensure a safe environment for dependents of such members and employees. (D) Publication Not later than 18 months after the date of the enactment of this Act, the Commandant shall publish an updated Commandant Instruction Manual (referred to in this paragraph as the manual (E) Report (i) In general Not later than 18 months after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report outlining the expansion of the program. (ii) Elements The report required by clause (i) shall include the following: (I) An analysis of the considerations described in subparagraph (B). (II) A description of the analysis used to identify eligible uses that were evaluated and incorporated into the manual under subparagraph (D). (III) A full analysis and justification with respect to the forms of care that were ultimately not included in the manual. (IV) Any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to meet the current and anticipated future child care subsidy demands of the Coast Guard. 402. Armed Forces access to Coast Guard child care facilities Section 2922(a) of title 14, United States Code, is amended to read as follows: (a) (1) The Commandant may make child development services available, in such priority as the Commandant considers to be appropriate and consistent with readiness and resources and in the best interests of dependents of members and civilian employees of the Coast Guard, for— (A) members and civilian employees of the Coast Guard; (B) surviving dependents of members of the Coast Guard who have died on active duty, if such dependents were beneficiaries of a Coast Guard child development service at the time of the death of such members; (C) members of the armed forces (as defined in section 101 of title 10, United States Code); and (D) Federal civilian employees. (2) Child development service benefits provided under the authority of this section shall be in addition to benefits provided under other laws. . 403. Cadet pregnancy policy improvements (a) Regulations required Not later than 18 months after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Defense, shall prescribe regulations that— (1) preserve parental guardianship rights of cadets who become pregnant or father a child while attending the Coast Guard Academy; and (2) maintain military and academic requirements for graduation and commissioning. (b) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the development of the regulations required by subsection (a). 404. Pilot program for fertility treatments (a) Findings Congress makes the following findings: (1) Members of the Coast Guard face unique challenges in addressing infertility issues. (2) Frequent deployments, dislocation, transfers, and operational tempo impart unique stresses to members of the Coast Guard and their families. The same stressors often disrupt or make fertility treatments impractical or cost prohibitive. (3) Only 6 military treatment facilities in the United States offer fertility treatments to members of the Armed Forces. (b) Authorization (1) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall establish a pilot program for all qualified members of the Coast Guard for the purpose of expanding access to fertility treatment centers. (2) Inclusions The pilot program required by paragraph (1) may expand access and availability of fertility-related medical care and treatments, as determined by the Commandant. (3) Consideration of methods to expand access As part of the pilot program under this section, the Commandant shall consider methods to expand access to fertility treatments for members of the Coast Guard, including by— (A) examining support to improve access to fertility services traditionally considered nonessential and not covered by the TRICARE program (as defined under section 1072(7) of title 10, United States Code), such as medications, reproductive counseling, and other treatments; (B) exploring ways to increase access to military treatment facilities that offer assistive reproductive technology services, consistent with— (i) the Department of Defense Joint Travel Regulations issued on June 1, 2022; and (ii) the Coast Guard Supplement to the Joint Travel Regulations issued on June 28, 2019; (C) developing a process to allow assignment or reassignment of members of the Coast Guard requesting fertility treatments to a location conducive to receiving treatments; (D) in a case in which use of military treatment facilities is not available or practicable, entering into partnerships with private-sector fertility treatment providers; and (E) providing flexible working hours, duty schedules, and administrative leave to allow for necessary treatments, appointments, and other services associated with receipt of fertility treatments and associated care. (c) Duration The duration of the pilot program under subsection (a) shall be not less than 5 years beginning on the date on which the pilot program is established. (d) Discharge on district basis The Commandant— (1) may carry out the pilot program on a district basis; and (2) shall include remote and urban units in the pilot program. 405. Combat-related special compensation (a) Report and briefing Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 5 years after the date on which the initial report is submitted under this subsection, the Commandant shall submit a report and provide an in-person briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the implementation of section 221 of the Coast Guard Authorization Act of 2015 ( Public Law 114–120 10 U.S.C. 1413a (b) Elements Each report and briefing required by subsection (a) shall include the following: (1) A description of methods to educate members and retirees on the combat-related special compensation program. (2) Statistics regarding enrollment in such program for members of the Coast Guard and Coast Guard retirees. (3) A summary of each of the following: (A) Activities carried out relating to the education of members of the Coast Guard participating in the Transition Assistance Program with respect to the combat-related special compensation program. (B) Activities carried out relating to the education of members of the Coast Guard who are engaged in missions in which they are susceptible to injuries that may result in qualification for combat-related special compensation, including flight school, the National Motor Lifeboat School, deployable special forces, and other training programs as the Commandant considers appropriate. (C) Activities carried out relating to training physicians and physician assistants employed by the Coast Guard, or otherwise stationed in Coast Guard clinics, sickbays, or other locations at which medical care is provided to members of the Coast Guard, for the purpose of ensuring, during medical examinations, appropriate counseling and documentation of symptoms, injuries, and the associated incident that resulted in such injuries. (D) Activities relating to the notification of heath service officers with respect to the combat-related special compensation program. (4) The written guidance provided to members of the Coast Guard regarding necessary recordkeeping to ensure eligibility for benefits under such program. (5) Any other matter relating to combat-related special compensation the Commandant considers appropriate. (c) Disability due to chemical or hazardous material exposure Section 221(a)(2) of the Coast Guard Reauthorization Act of 2015 ( Public Law 114–120 10 U.S.C. 1413a (1) by striking and hazardous , hazardous (2) by inserting , or a duty in which chemical or other hazardous material exposure has occurred (such as during marine inspections or pollution response activities) surfman) 406. Restoration of amounts improperly withheld for tax purposes from severance payments to veterans of the Coast Guard with combat-related injuries (a) Application to members of the Coast Guard when the Coast Guard is not operating as a service in the Department of the Navy The Combat-Injured Veterans Tax Fairness Act of 2016 ( Public Law 114–292 10 U.S.C. 1212 (1) in section 3— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting (and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, and the Secretary of Transportation, with respect to the Coast Guard during the period in which it was operating as a service in the Department of Transportation), in coordination with the Secretary of the Treasury, the Secretary of Defense (ii) in paragraph (1)(A)— (I) in clause (i), by striking the Secretary the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) (II) in clause (ii), by striking the Secretary the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) (III) in clause (iv), striking the Secretary the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) (iii) in paragraph (2), by amending subparagraph (B) to read as follows: (B) instructions for— (i) filing amended tax returns to recover the amounts improperly withheld for tax purposes; and (ii) requesting standard refund amounts described in subsection (b). ; (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) Standard refund amounts described The standard refund amounts described in this subsection are— (1) $1,750 for tax years 1991 through 2005; (2) $2,400 for tax years 2006 through 2010; and (3) $3,200 for tax years 2011 through 2016. ; (2) in section 4— (A) in the section heading, by inserting and the Secretary of the Department in which the Coast Guard is operating Secretary of Defense (B) by inserting (and the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy), in coordination with the Secretary of the Treasury, The Secretary of Defense (C) by striking made by the Secretary made by the Secretary of Defense (and the Secretary of the Department in which the Coast Guard is operating with respect to the Coast Guard) (3) in section 5— (A) in subsection (a)— (i) by inserting (and the Secretary of the Department in which the Coast Guard is operating, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, and the Secretary of Transportation, with respect to the Coast Guard during the period in which it was operating as a service in the Department of Transportation) the Secretary of Defense (ii) by striking the Secretary to the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) to (B) in subsection (b)— (i) in paragraph (2), by striking the Secretary the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) (ii) in paragraph (3), by striking the Secretary the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy) (b) Deadlines (1) Identification of amounts improperly withheld and reporting The Secretary of Homeland Security and the Secretary of Transportation, in coordination with the Secretary of the Treasury, shall carry out the requirements under— (A) section 3(a) of the Combat-Injured Veterans Tax Fairness Act of 2016 ( Public Law 114–292 10 U.S.C. 1212 (B) section 5 of that Act, as amended by subsection (a)(3), not later than 1 year after the date of the enactment of this Act. (2) Ensuring amounts are not improperly withheld The Secretary of Homeland Security shall carry out the requirements under section 4 of the Combat-Injured Veterans Tax Fairness Act of 2016 ( Public Law 114–292 10 U.S.C. 1212 407. Modification of basic needs allowance for members of the Coast Guard (a) In general Section 402b of title 37, United States Code, is amended— (1) by redesignating subsections (h) through (k) as subsections (i) through ( l (2) by inserting after subsection (g) the following: (h) Special rule for members of Coast Guard (1) In general In the case of a member of the Coast Guard, the Secretary concerned shall— (A) determine under subsection (f) whether the member is eligible under subsection (b) for the allowance under subsection (a); and (B) if the Secretary concerned determines a member is eligible for the allowance, pay the allowance to the member unless the member elects not to receive the allowance. (2) Attestation of income A member of the Coast Guard is not required to submit an application under subsection (e) to receive the allowance under subsection (a), but not less frequently than biennially, the member shall submit to the Secretary concerned an attestation that the gross household income of the member does not exceed the amount described in subsection (b)(2). (3) Electronic process The Secretary concerned shall establish an electronic process pursuant to which a member of the Coast Guard may— (A) elect under paragraph (1)(B) not to receive the allowance; or (B) submit an attestation under paragraph (2). . (b) Conforming amendments Such section is further amended— (1) in subsection (e)— (A) in paragraphs (1) and (2), by striking A member Except as provided by subsection (h), a member (B) in paragraph (4)(B)— (i) by striking that the member (i) the member ; (ii) by striking the period at the end and inserting ; or (iii) by adding at the end the following: (ii) in the case of a member of the Coast Guard, that the member may receive the allowance as provided by subsection (h). ; and (2) in subsection (g)(2), by striking A member Except as provided by subsection (h), a member 408. Study on food security (a) Study (1) In general The Commandant shall conduct a study on food insecurity among members of the Coast Guard. (2) Elements The study required by paragraph (1) shall include the following: (A) An analysis of the impact of food deserts on members of the Coast Guard, and their dependents, who live in areas with high costs of living, including areas with high-density populations and rural areas. (B) A comparison of— (i) the current method used by the Commandant to determine which areas are considered to be high cost-of-living areas; (ii) local-level indicators used by the Bureau of Labor Statistics to determine cost of living that indicate buying power and consumer spending in specific geographic areas; and (iii) indicators of cost of living used by the Department of Agriculture in market basket analyses, and other measures of local and regional food costs. (C) An assessment of the accuracy of the method and indicators described in subparagraph (B) in quantifying high cost of living in low-data and remote areas. (D) An assessment of the manner in which data accuracy and availability affect the accuracy of cost-of-living allowance calculations and other benefits, as the Commandant considers appropriate. (E) Recommendations— (i) to improve access to high-quality, affordable food within a reasonable distance of Coast Guard units located in areas identified as food deserts; (ii) to reduce transit costs for members of the Coast Guard and their dependents who are required to travel to access high-quality, affordable food; and (iii) for improving the accuracy of such calculations. (F) The estimated costs of implementing each recommendation made under subparagraph (E). (b) Plan (1) In general The Commandant shall develop a detailed plan to implement the recommendations of the study conducted under subsection (a). (2) Report Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the plan required by paragraph (1), including the cost of implementation, proposals for legislative change, and any other result of the study the Commandant considers appropriate. (c) Food desert defined In this section, the term food desert B Healthcare 421. Development of medical staffing standards for the Coast Guard (a) In general Not later than 180 days after the date of the enactment of this Act, the Commandant, in consultation with the Defense Health Agency and any healthcare expert the Commandant considers appropriate, shall develop medical staffing standards for the Coast Guard consistent with the recommendations of the Comptroller General of the United States set forth in the report entitled Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care (b) Inclusions The standards required by subsection (a) shall address and take into consideration the following: (1) Current and future operations of healthcare personnel in support of Department of Homeland Security missions, including surge deployments for incident response. (2) Staffing standards for specialized providers, such as flight surgeons, dentists, behavioral health specialists, and physical therapists. (3) Staffing levels of medical, dental, and behavioral health providers for the Coast Guard who are— (A) members of the Coast Guard; (B) assigned to the Coast Guard from the Public Health Service; (C) Federal civilian employees; or (D) contractors hired by the Coast Guard to fill vacancies. (4) Staffing levels at medical facilities for Coast Guard units in remote locations. (5) Any discrepancy between medical staffing standards of the Department of Defense and medical staffing standards of the Coast Guard. (c) Review Not later than 90 days after the staffing standards required by subsection (a) are completed, the Commandant shall submit the standards to the Comptroller General, who shall review the standards and provide recommendations to the Commandant. (d) Report to Congress Not later than 180 days after developing such standards, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the standards developed under subsection (a) that includes a plan and a description of the resources and budgetary needs required to implement the standards. (e) Modification, implementation, and periodic updates The Commandant shall— (1) modify such standards as necessary based on the recommendations provided under subsection (c); (2) implement the standards; and (3) review and update the standards not less frequently than every 4 years. 422. Healthcare system review and strategic plan (a) In general Not later than 270 days after the completion of the studies conducted by the Comptroller General of the United States under sections 8259 and 8260 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021 ( Public Law 116–283 (1) conduct a comprehensive review of the Coast Guard healthcare system; and (2) develop a strategic plan for improvements to, and modernization of, such system to ensure access to high-quality, timely healthcare for members of the Coast Guard, their dependents, and applicable Coast Guard retirees. (b) Plan (1) In general The strategic plan developed under subsection (a) shall seek— (A) to maximize the medical readiness of members of the Coast Guard; (B) to optimize delivery of healthcare benefits; (C) to ensure high-quality training of Coast Guard medical personnel; and (D) to prepare for the future needs of the Coast Guard. (2) Elements The plan shall address, at a minimum, the following: (A) Improving access to healthcare for members of the Coast Guard, their dependents, and applicable Coast Guard retirees. (B) Quality of care. (C) The experience and satisfaction of members of the Coast Guard and their dependents with the Coast Guard healthcare system. (D) The readiness of members of the Coast Guard and medical personnel. (c) Advisory committee (1) Establishment The Commandant shall establish an advisory committee to conduct a comprehensive review of the Coast Guard healthcare system (referred to in this section as the Advisory Committee (2) Membership (A) Composition The Advisory Committee shall be composed of members selected by the Commandant, including— (i) 1 or more members of the uniformed services (as defined in section 101 of title 10, United States Code) or Federal employees with expertise in— (I) the medical, dental, pharmacy, behavioral health, or reproductive health fields; or (II) any other field the Commandant considers appropriate; (ii) a representative of the Defense Health Agency; and (iii) a medical representative from each Coast Guard district. (3) Chairperson The chairperson of the Advisory Committee shall be the Director of the Health, Safety, and Work Life Directorate of the Coast Guard. (4) Staff The Advisory Committee shall be staffed by employees of the Coast Guard. (5) Report to Commandant Not later than 1 year after the Advisory Committee is established, the Advisory Committee shall submit to the Commandant a report that— (A) taking into consideration the medical staffing standards developed under section 421, assesses the recommended medical staffing standards set forth in the Comptroller General study required by section 8260 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 (B) addresses improvements needed to ensure continuity of care for members of the Coast Guard, including by evaluating the feasibility of having a dedicated primary care manager for each such member while the member is stationed at a duty station; (C) evaluates the effects of increased surge deployments of medical personnel on staffing needs at Coast Guard clinics; (D) identifies ways to improve access to care for members of the Coast Guard and their dependents who are stationed in remote areas, including methods to expand access to providers in the available network; (E) identifies ways the Coast Guard may better use Department of Defense Medical Health System resources for members of the Coast Guard, their dependents, and applicable retirees; (F) identifies barriers to participation in the Coast Guard healthcare system and ways the Coast Guard may better use patient feedback to improve quality of care at Coast Guard-owned facilities, military treatment facilities, and specialist referrals; (G) includes recommendations to improve the Coast Guard healthcare system; and (H) any other matter the Commandant or the Advisory Committee considers appropriate. (d) Report to Congress Not later than 2 years after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (1) the strategic plan for the Coast Guard medical system required by subsection (a); (2) the report of the Advisory Committee submitted to the Commandant under subsection (c); and (3) a description of the manner in which the Commandant plans to implement the recommendations of the Advisory Committee. 423. Data collection and access to care (a) In general Not later than 180 days after the date of the enactment of this Act, the Commandant, in consultation with the Defense Health Agency and any healthcare expert the Commandant considers appropriate, shall develop a policy to require the collection of data regarding access by members of the Coast Guard and their dependents to medical, dental, and behavioral healthcare as recommended by the Comptroller General of the United States in the report entitled Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care (b) Elements The policy required by subsection (a) shall address the following: (1) Methods to collect data on access to care for— (A) routine annual physical health assessments; (B) flight physicals for aviators or prospective aviators; (C) sick call; (D) injuries; (E) dental health; and (F) behavioral health conditions. (2) Collection of data on access to care for referrals. (3) Collection of data on access to care for members of the Coast Guard stationed at remote units, aboard Coast Guard cutters, and on deployments. (4) Use of the electronic health record system to improve data collection on access to care. (5) Use of data for addressing the standards of care, including time between requests for appointments and actual appointments, including appointments made with referral services. (c) Review by Comptroller General (1) Submission Not later than 15 days after the policy is developed under subsection (a), the Commandant shall submit the policy to the Comptroller General of the United States. (2) Review Not later than 180 days after receiving the policy, the Comptroller General shall review the policy and provide recommendations to the Commandant. (3) Modification Not later than 60 days after receiving the recommendations of the Comptroller General, the Commandant shall modify the policy as necessary based on such recommendations. (d) Publication and report to Congress Not later than 90 days after the policy is modified under subsection (c)(3), the Commandant shall— (1) publish the policy on a publicly accessible internet website of the Coast Guard; and (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the policy and the manner in which the Commandant plans to address access-to-care deficiencies. (e) Periodic updates Not less frequently than every 5 years, the Commandant shall review and update the policy. 424. Behavioral health policy (a) Sense of Congress It is the sense of Congress that— (1) members of the Coast Guard— (A) are exposed to high-risk and often stressful duties; and (B) should be encouraged to seek appropriate medical treatment and professional guidance; and (2) after treatment for behavioral health conditions, many members of the Coast Guard should be allowed to resume service in the Coast Guard if they— (A) are able to do so without persistent duty modifications; and (B) do not pose a risk to themselves or other members of the Coast Guard. (b) Interim behavioral health policy (1) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall establish an interim behavioral health policy for members of the Coast Guard that is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, Medical Standards for Military Service: Retention (2) Termination The interim policy established under paragraph (1) shall remain in effect until the date on which the Commandant issues a permanent behavioral health policy for members of the Coast Guard. (c) Permanent policy In developing a permanent policy with respect to retention and behavioral health, the Commandant shall ensure that, to the extent practicable, the policy of the Coast Guard is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, Medical Standards for Military Service: Retention 425. Members asserting post-traumatic stress disorder or traumatic brain injury (a) In general Subchapter I of chapter 25 2515. Members asserting post-traumatic stress disorder or traumatic brain injury (a) Medical examination required (1) The Secretary shall ensure that a member of the Coast Guard who has performed Coast Guard operations or has been sexually assaulted during the preceding 2-year period, and who is diagnosed by an appropriate licensed or certified healthcare professional as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise alleges, based on the service of the member or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury. (2) A member described in paragraph (1) shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary. (3) (A) In a case involving post-traumatic stress disorder, the medical examination shall be— (i) performed by— (I) a board-certified or board-eligible psychiatrist; or (II) a licensed doctorate-level psychologist; or (ii) performed under the close supervision of— (I) a board-certified or board-eligible psychiatrist; or (II) a licensed doctorate-level psychologist, a doctorate-level mental health provider, a psychiatry resident, or a clinical or counseling psychologist who has completed a 1-year internship or residency. (B) In a case involving traumatic brain injury, the medical examination shall be performed by a physiatrist, psychiatrist, neurosurgeon, or neurologist. (b) Purpose of medical examination The medical examination required by subsection (a) shall assess whether the effects of mental or neurocognitive disorders, including post-traumatic stress disorder and traumatic brain injury, constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of the service of the member as other than honorable. (c) Inapplicability to proceedings under Uniform Code of Military Justice The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice. (d) Coast Guard operations defined In this section, the term Coast Guard operations 6 U.S.C. 468(a) . (b) Clerical amendment The analysis for subchapter I of chapter 25 2515. Members asserting post-traumatic stress disorder or traumatic brain injury. . 426. Improvements to the Physical Disability Evaluation System and transition program (a) Temporary policy Not later than 60 days after the date of the enactment of this Act, the Commandant shall develop a temporary policy that— (1) improves timeliness, communication, and outcomes for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process; (2) affords maximum career transition benefits to members of the Coast Guard determined by a Medical Evaluation Board to be unfit for retention in the Coast Guard; and (3) maximizes the potential separation and career transition benefits for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process. (b) Elements The policy required by subsection (a) shall include the following: (1) A requirement that any member of the Coast Guard who is undergoing the Physical Disability Evaluation System, or a related formal or informal process, shall be placed in a duty status that allows the member the opportunity to attend necessary medical appointments and other activities relating to the Physical Disability Evaluation System, including completion of any application of the Department of Veterans Affairs and career transition planning. (2) In the case of a Medical Evaluation Board report that is not completed within 120 days after the date on which an evaluation by the Medical Evaluation Board was initiated, the option for such a member to enter permissive duty status. (3) A requirement that the date of initiation of an evaluation by a Medical Evaluation Board shall include the date on which any verbal or written affirmation is made to the member, command, or medical staff that the evaluation by the Medical Evaluation Board has been initiated. (4) An option for such member to seek an internship under the SkillBridge program established under section 1143(e) of title 10, United States Code, and outside employment aimed at improving the transition of the member to civilian life, only if such an internship or employment does not interfere with necessary medical appointments required for the member’s physical disability evaluation. (5) A requirement that not less than 21 days notice shall be provided to such a member for any such medical appointment, to the maximum extent practicable, to ensure that the appointment timeline is in the best interests of the immediate health of the member. (6) A requirement that the Coast Guard shall provide such a member with a written separation date upon the completion of a Medical Evaluation Board report that finds the member unfit to continue active duty. (7) To provide certainty to such a member with respect to a separation date, a policy that ensures— (A) that accountability measures are in place with respect to Coast Guard delays throughout the Physical Disability Evaluation System, including— (i) placement of the member in an excess leave status after 270 days have elapsed since the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority; and (ii) a calculation of the costs to retain the member on active duty, including the pay, allowances, and other associated benefits of the member, for the period beginning on the date that is 90 days after date of initiation of an evaluation by a Medical Evaluation Board by any competent authority and ending on the date on which the member is separated from the Coast Guard; and (B) the availability of administrative solutions to any such delay. (8) With respect to a member of the Coast Guard on temporary limited duty status, an option to remain in the member’s current billet, to the maximum extent practicable, or to be transferred to a different active-duty billet, so as to minimize any negative impact on the member’s career trajectory. (9) A requirement that each respective command shall report to the Coast Guard Personnel Service Center any delay of more than 21 days between each stage of the Physical Disability Evaluation System for any such member, including between stages of the processes, the Medical Evaluation Board, the Informal Physical Evaluation Board, and the Formal Physical Evaluation Board. (10) A requirement that, not later than 7 days after receipt of a report of a delay described in paragraph (9), the Personnel Service Center shall take corrective action, which shall ensure that the Coast Guard exercises maximum discretion to continue the Physical Disability Evaluation System of such a member in a timely manner, unless such delay is caused by the member. (11) A requirement that— (A) a member of the Coast Guard shall be allowed to make a request for a reasonable delay in the Physical Disability Evaluation System to obtain additional input and consultation from a medical or legal professional; and (B) any such request for delay shall be approved by the Commandant based on a showing of good cause by the member. (c) Report on temporary policy Not later than 60 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the policy developed under subsection (a). (d) Permanent policy Not later than 180 days after the date of the enactment of this Act, the Commandant shall publish a Commandant Instruction making the policy developed under subsection (a) a permanent policy of the Coast Guard. (e) Briefing Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on, and a copy of, the permanent policy. (f) Annual report on costs (1) In general Not less frequently than annually, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, for the preceding fiscal year— (A) details the total aggregate service-wide costs described in subsection (b)(7)(A)(ii) for members of the Coast Guard whose Physical Disability Evaluation System process has exceeded 90 days; and (B) includes for each such member— (i) an accounting of such costs; and (ii) the number of days that elapsed between the initiation and completion of the Physical Disability Evaluation System process. (2) Personally identifiable information A report under paragraph (1) shall not include the personally identifiable information of any member of the Coast Guard. 427. Expansion of access to counseling (a) In general Not later than 180 days after the date of the enactment of this Act, the Commandant shall hire, train, and deploy not fewer than an additional 5 behavioral health specialists. (b) Requirement Through the hiring process required by subsection (a), the Commandant shall ensure that at least 35 percent of behavioral health specialists employed by the Coast Guard have experience in behavioral healthcare for the purpose of supporting members of the Coast Guard with fertility, infertility, pregnancy, miscarriage, child loss, postpartum depression, and related counseling needs. (c) Accessibility The support provided by the behavioral health specialists described in subsection (a)— (1) may include care delivered via telemedicine; and (2) shall be made widely available to members of the Coast Guard. (d) Authorization of appropriations Of the amounts authorized to be appropriated under section 4902(1)(A) of title 14, United States Code, as amended by section 101 of this Act, $2,000,000 shall be made available to the Commandant for each of fiscal years 2023 and 2024 to carry out this section. 428. Expansion of postgraduate opportunities for members of the Coast Guard in medical and related fields (a) In general The Commandant shall expand opportunities for members of the Coast Guard to secure postgraduate degrees in medical and related professional disciplines for the purpose of supporting Coast Guard clinics and operations. (b) Military training student loads Section 4904(b)(3) of title 14, United States Code, is amended by striking 350 385 429. Study on Coast Guard telemedicine program (a) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the Coast Guard telemedicine program. (b) Elements The study required by subsection (a) shall include the following: (1) An assessment of— (A) the current capabilities and limitations of the Coast Guard telemedicine program; (B) the degree of integration of such program with existing electronic health records; (C) the capability and accessibility of such program, as compared to the capability and accessibility of the telemedicine programs of the Department of Defense and commercial medical providers; (D) the manner in which the Coast Guard telemedicine program may be expanded to provide better clinical and behavioral medical services to members of the Coast Guard, including such members stationed at remote units or onboard Coast Guard cutters at sea; and (E) the costs savings associated with the provision of— (i) care through telemedicine; and (ii) preventative care. (2) An identification of barriers to full use or expansion of such program. (3) A description of the resources necessary to expand such program to its full capability. (c) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. 430. Study on Coast Guard medical facilities needs (a) In general Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on Coast Guard medical facilities needs. (b) Elements The study required by subsection (a) shall include the following: (1) A current list of Coast Guard medical facilities, including clinics, sickbays, and shipboard facilities. (2) A summary of capital needs for Coast Guard medical facilities, including construction and repair. (3) A summary of equipment upgrade backlogs of Coast Guard medical facilities. (4) An assessment of improvements to Coast Guard medical facilities, including improvements to IT infrastructure, required to enable the Coast Guard to fully use telemedicine and implement other modernization initiatives. (5) An evaluation of the process used by the Coast Guard to identify, monitor, and construct Coast Guard medical facilities. (6) A description of the resources necessary to fully address all Coast Guard medical facilities needs. (c) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. C Housing 441. Strategy to improve quality of life at remote units (a) In general Not more than 180 days after the date of the enactment of this Act, the Commandant shall develop a strategy to improve the quality of life for members of the Coast Guard and their dependents who are stationed in remote units. (b) Elements The strategy required by subsection (a) shall address the following: (1) Methods to improve the availability or affordability of housing options for members of the Coast Guard and their dependents through— (A) Coast Guard-owned housing; (B) Coast Guard-facilitated housing; or (C) basic allowance for housing adjustments to rates that are more competitive for members of the Coast Guard seeking privately owned or privately rented housing. (2) Methods to improve access by members of the Coast Guard and their dependents to— (A) medical, dental, and pediatric care; (B) healthcare specific to women; and (C) behavioral healthcare. (3) Methods to increase access to child care services, including recommendations for increasing child care capacity and opportunities for care within the Coast Guard and in the private sector. (4) Methods to improve non-Coast Guard network internet access at remote units— (A) to improve communications between families and members of the Coast Guard on active duty; and (B) for other purposes such as education and training. (5) Methods to support spouses and dependents who face challenges specific to remote locations. (6) Any other matter the Commandant considers appropriate. (c) Briefing Not later than 180 days after the strategy required by subsection (a) is completed, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the strategy. (d) Remote unit defined In this section, the term remote unit 442. Study on Coast Guard housing access, cost, and challenges (a) In general Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on housing access, cost, and associated challenges facing members of the Coast Guard. (b) Elements The study required by subsection (a) shall include the following: (1) An assessment of— (A) the extent to which— (i) the Commandant has evaluated the sufficiency, availability, and affordability of housing options for members of the Coast Guard and their dependents; and (ii) the Coast Guard owns and leases housing for members of the Coast Guard and their dependents; (B) the methods used by the Commandant to manage housing data, and the manner in which the Commandant uses such data— (i) to inform Coast Guard housing policy; and (ii) to guide investments in Coast Guard-owned housing capacity and other investments in housing, such as long-term leases and other options; and (C) the process used by the Commandant to gather and provide information used to calculate housing allowances for members of the Coast Guard and their dependents, including whether the Commandant has established best practices to manage low-data areas. (2) An assessment as to whether it is advantageous for the Coast Guard to continue to use the Department of Defense basic allowance for housing system. (3) Recommendations for actions the Commandant should take to improve the availability and affordability of housing for members of the Coast Guard and their dependents who are stationed in— (A) remote units located in areas in which members of the Coast Guard and their dependents are eligible for TRICARE Prime Remote; or (B) units located in areas with a high number of vacation rental properties. (c) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. (d) Strategy Not later than 180 days after the submission of the report required by subsection (c), the Commandant shall publish a Coast Guard housing strategy that addresses the findings set forth in the report, which shall, at a minimum— (1) address housing inventory shortages and affordability; and (2) include a Coast Guard-owned housing infrastructure investment prioritization plan. D Other matters 451. Report on availability of emergency supplies for Coast Guard personnel (a) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the availability of appropriate emergency supplies at Coast Guard units. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the extent to which— (A) the Commandant ensures that Coast Guard units assess risks and plan accordingly to obtain and maintain appropriate emergency supplies; and (B) Coast Guard units have emergency food and water supplies available according to local emergency preparedness needs. (2) A description of any challenge the Commandant faces in planning for and maintaining adequate emergency supplies for Coast Guard personnel. (c) Publication Not later than 90 days after the date of submission of the report required by subsection (a), the Commandant shall publish a strategy and recommendations in response to the report that includes— (1) a plan for improving emergency preparedness and emergency supplies for Coast Guard units; and (2) a process for periodic review and engagement with Coast Guard units to ensure emerging emergency response supply needs are achieved and maintained. V Maritime A Vessel safety 501. Abandoned Seafarer Fund amendments Section 11113 of title 46, United States Code, is amended— (1) in the matter preceding subparagraph (A) of subsection (a)(2), by striking may be appropriated shall be available without further appropriations, and shall remain available until expended, (2) in subsection (c)— (A) in the matter preceding subparagraph (A) of paragraph (1), by inserting plus a surcharge of 25 percent of such total amount seafarer (B) by striking paragraph (4). 502. Receipts; international agreements for ice patrol services Section 80301(c) of title 46, United States Code, is amended by striking the period at the end and inserting and shall be available until expended for the purpose of the Coast Guard international ice patrol program. 503. Passenger vessel security and safety requirements Notwithstanding any other provision of law, requirements authorized under sections 3509 of title 46, United States Code, shall not apply to any passenger vessel, as defined in section 2101 of such title, that— (1) carries in excess of 250 passengers; and (2) is, or was, in operation in the internal waters of the United States on voyages inside the Boundary Line, as defined in section 103 of such title, on or before July 27, 2030. 504. At-sea recovery operations pilot program (a) In general The Secretary shall conduct a pilot program to evaluate the potential use of remotely controlled or autonomous operation and monitoring of certain vessels for the purposes of— (1) better understanding the complexities of such at-sea operations and potential risks to navigation safety, vessel security, maritime workers, the public, and the environment; (2) gathering observational and performance data from monitoring the use of remotely controlled or autonomous vessels; and (3) assessing and evaluating regulatory requirements necessary to guide the development of future occurrences of such operations and activities. (b) Duration and effective date The duration of the pilot program established under this section shall be not more than 5 years beginning on the date on which the pilot program is established, which shall be not later than 180 days after the date of enactment of this Act. (c) Authorized activities The activities authorized under this section include— (1) remote over-the-horizon monitoring operations related to the active at-sea recovery of spaceflight components on an unmanned vessel or platform; (2) procedures for the unaccompanied operation and monitoring of an unmanned spaceflight recovery vessel or platform; and (3) unmanned vessel transits and testing operations without a physical tow line related to space launch and recovery operations, except within 12 nautical miles of a port. (d) Interim authority In recognition of potential risks to navigation safety, vessel security, maritime workers, the public, and the environment, and the unique circumstances requiring the use of remotely operated or autonomous vessels, the Secretary, in the pilot program established under subsection (a), may— (1) allow remotely controlled or autonomous vessel operations to proceed consistent to the extent practicable under titles 33 and 46 of the United States Code, including navigation and manning laws and regulations; (2) modify or waive applicable regulations and guidance as the Secretary considers appropriate to— (A) allow remote and autonomous vessel at-sea operations and activities to occur while ensuring navigation safety; and (B) ensure the reliable, safe, and secure operation of remotely controlled or autonomous vessels; and (3) require each remotely operated or autonomous vessel to be at all times under the supervision of 1 or more individuals— (A) holding a merchant mariner credential which is suitable to the satisfaction of the Coast Guard; and (B) who shall practice due regard for the safety of navigation of the autonomous vessel, to include collision avoidance. (e) Rule of construction Nothing in this section shall be construed to authorize the Secretary to— (1) permit foreign vessels to participate in the pilot program established under subsection (a); (2) waive or modify applicable laws and regulations under titles 33 and 46 of the United States Code, except to the extent authorized under subsection (d)(2); or (3) waive or modify any regulations arising under international conventions. (f) Savings provision Nothing in this section may be construed to authorize the employment in the coastwise trade of a vessel or platform that does not meet the requirements of sections 12112, 55102, 55103, and 55111 of title 46, United States Code. (g) Briefings The Secretary or the designee of the Secretary shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the program established under subsection (a) on a quarterly basis. (h) Report Not later than 180 days after the expiration of the pilot program established under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report regarding an assessment of the execution of the pilot program and implications for maintaining navigation safety, the safety of maritime workers, and the preservation of the environment. (i) GAO report (1) In general Not later than 18 months after the date of enactment of this section, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the state of autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels in Federal waters of the United States. (2) Elements The report required under paragraph (1) shall include the following: (A) An assessment of commercially available autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels during the 10 years immediately preceding the date of the report. (B) An analysis of the safety, physical security, cybersecurity, and collision avoidance risks and benefits associated with autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels, including environmental considerations. (C) An assessment of the impact of such autonomous and remote technologies, and all associated technologies, on labor, including— (i) roles for credentialed and noncredentialed workers regarding such autonomous, remote, and associated technologies; and (ii) training and workforce development needs associated with such technologies. (D) An assessment and evaluation of regulatory requirements necessary to guide the development of future autonomous, remote, and associated technologies in the operation of shipboard equipment and safe and secure navigation of vessels. (E) An assessment of the extent to which such technologies are being used in other countries and how such countries have regulated such technologies. (F) Recommendations regarding authorization, infrastructure, and other requirements necessary for the implementation of such technologies in the United States. (3) Consultation The report required under paragraph (1) shall include, at a minimum, consultation with the maritime industry including— (A) vessel operators, including commercial carriers, entities engaged in exploring for, developing, or producing resources, including non-mineral energy resources in its offshore areas, and supporting entities in the maritime industry; (B) shipboard personnel impacted by any change to autonomous vessel operations, in order to assess the various benefits and risks associated with the implementation of autonomous, remote, and associated technologies in the operation of shipboard equipment and safe and secure navigation of vessels and the impact such technologies would have on maritime jobs and maritime manpower; and (C) relevant federally funded research institutions, non-governmental organizations, and academia. (j) Definitions In this section: (1) Merchant mariner credential The term merchant mariner credential (2) Secretary The term Secretary 505. Exoneration and limitation of liability for small passenger vessels (a) Restructuring Chapter 305 (1) by inserting before section 30501 the following: I General provisions ; (2) by inserting before section 30503 the following: II Exoneration and limitation of liability ; and (3) by redesignating sections 30503 through 30512 as sections 30521 through 30530, respectively. (b) Definitions Section 30501 of title 46, United States Code, is amended to read as follows: 30501. Definitions In this chapter: (1) Covered small passenger vessel The term covered small passenger vessel (A) means a small passenger vessel, as defined in section 2101, that is— (i) not a wing-in-ground craft; and (ii) carrying— (I) not more than 49 passengers on an overnight domestic voyage; and (II) not more than 150 passengers on any voyage that is not an overnight domestic voyage; and (B) includes any wooden vessel constructed prior to March 11, 1996, carrying at least 1 passenger for hire. (2) Owner The term owner . (c) Applicability Section 30502 of title 46, United States Code, is amended— (1) by striking Except as otherwise provided (a) In general.— (2) by striking section 30503 section 30521 (3) by adding at the end the following: (b) Application Notwithstanding subsection (a), the requirements of section 30526 of this title shall apply to covered small passenger vessels. . (d) Provisions requiring notice of claim or limiting time for bringing action Section 30526 of title 46, United States Code, as redesignated by subsection (a), is amended— (1) in subsection (a), by inserting and covered small passenger vessels seagoing vessels (2) in subsection (b)— (A) in paragraph (1), by striking 6 months 2 years (B) in paragraph (2), by striking one year 2 years (e) Chapter analysis The analysis for chapter 305 (1) by inserting before the item relating to section 30501 the following: SUBCHAPTER I—General provisions ; (2) by inserting after the item relating to section 30502 the following: SUBCHAPTER II—Exoneration and limitation of liability ; (3) by striking the item relating to section 30501 and inserting the following: 30501. Definitions. ; and (4) by redesignating the items relating to sections 30503 through 30512 as items relating to sections 30521 through 30530, respectively. (f) Conforming amendments Title 46, United States Code, is further amended— (1) in section 14305(a)(5), by striking section 30506 section 30524 (2) in section 30523(a), as redesignated by subsection (a), by striking section 30506 section 30524 (3) in section 30524(b), as redesignated by subsection (a), by striking section 30505 section 30523 (4) in section 30525, as redesignated by subsection (a)— (A) in the matter preceding paragraph (1), by striking sections 30505 and 30506 sections 30523 and 30524 (B) in paragraph (1), by striking section 30505 section 30523 (C) in paragraph (2), by striking section 30506(b) section 30524(b) 506. Moratorium on towing vessel inspection user fees Notwithstanding section 9701 of title 31, United States Code, and section 2110 of title 46 of such Code, the Secretary of the department in which the Coast Guard is operating may not charge an inspection fee for a towing vessel that has a certificate of inspection issued under subchapter M of chapter I of title 46, Code of Federal Regulations (or any successor regulation), and that uses the Towing Safety Management System option for compliance with such subchapter, until— (1) the completion of the review required under section 815 of the Frank LoBiondo Coast Guard Authorization Act of 2018 ( 14 U.S.C. 946 Public Law 115–282 (2) the promulgation of regulations to establish specific inspection fees for such vessels. 507. Certain historic passenger vessels (a) Report on covered historic vessels (1) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report evaluating the practicability of the application of section 3306(n)(3)(v) of title 46, United States Code, to covered historic vessels. (2) Elements The report required under paragraph (1) shall include the following: (A) An assessment of the compliance, as of the date on which the report is submitted in accordance with paragraph (1), of covered historic vessels with section 3306(n)(3)(v) of title 46, United States Code. (B) An assessment of the safety record of covered historic vessels. (C) An assessment of the risk, if any, that modifying the requirements under section 3306(n)(3)(v) of title 46, United States Code, would have on the safety of passengers and crew of covered historic vessels. (D) An evaluation of the economic practicability of the compliance of covered historic vessels with such section 3306(n)(3)(v) and whether that compliance would meaningfully improve safety of passengers and crew in a manner that is both feasible and economically practicable. (E) Any recommendations to improve safety in addition to, or in lieu of, such section 3306(n)(3)(v). (F) Any other recommendations as the Comptroller General determines are appropriate with respect to the applicability of such section 3306(n)(3)(v) to covered historic vessels. (G) An assessment to determine if covered historic vessels could be provided an exemption to such section 3306(n)(3)(v) and what changes to legislative or rulemaking requirements, including modifications to section 177.500(q) of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act), are necessary to provide the Commandant the authority to make such exemption or to otherwise provide for such exemption. (b) Consultation In completing the report required under subsection (a)(1), the Comptroller General may consult with— (1) the National Transportation Safety Board; (2) the Coast Guard; and (3) the maritime industry, including relevant federally funded research institutions, nongovernmental organizations, and academia. (c) Extension for covered historic vessels The captain of a port may waive the requirements of section 3306(n)(3)(v) of title 46, United States Code, with respect to covered historic vessels for not more than 2 years after the date of submission of the report required by subsection (a) to Congress in accordance with such subsection. (d) Savings clause Nothing in this section shall limit any authority available, as of the date of enactment of this Act, to the captain of a port with respect to safety measures or any other authority as necessary for the safety of covered historic vessels. (e) Notice to passengers A covered historic vessel that receives a waiver under subsection (c) shall, beginning on the date on which the requirements under section 3306(n)(3)(v) of title 46, United States Code, take effect, provide a prominently displayed notice on its website, ticket counter, and each ticket for passengers that the vessel is exempt from meeting the Coast Guard safety compliance standards concerning egress as provided for under such section 3306(n)(3)(v). (f) Definition of covered historic vessels In this section, the term covered historic vessels (1) American Eagle (Official Number 229913). (2) Angelique (Official Number 623562). (3) Heritage (Official Number 649561). (4) J & E Riggin (Official Number 226422). (5) Ladona (Official Number 222228). (6) Lewis R. French (Official Number 015801). (7) Mary Day (Official Number 288714). (8) Stephen Taber (Official Number 115409). (9) Victory Chimes (Official Number 136784). (10) Grace Bailey (Official Number 085754). (11) Mercantile (Official Number 214388). (12) Mistress (Official Number 509004). 508. Coast Guard digital registration Section 12304(a) of title 46, United States Code, is amended— (1) by striking shall be pocketsized, (2) by striking , and may be valid and may be in hard copy or digital form. The certificate shall be valid 509. Responses to safety recommendations (a) In general Chapter 7 721. Responses to safety recommendations (a) In general Not later than 90 days after the submission to the Commandant of a recommendation and supporting justification by the National Transportation Safety Board relating to transportation safety, the Commandant shall submit to the National Transportation Safety Board a written response to the recommendation, which shall include whether the Commandant— (1) concurs with the recommendation; (2) partially concurs with the recommendation; or (3) does not concur with the recommendation. (b) Explanation of concurrence A response under subsection (a) shall include— (1) with respect to a recommendation with which the Commandant concurs, an explanation of the actions the Commandant intends to take to implement such recommendation; (2) with respect to a recommendation with which the Commandant partially concurs, an explanation of the actions the Commandant intends to take to implement the portion of such recommendation with which the Commandant partially concurs; and (3) with respect to a recommendation with which the Commandant does not concur, the reasons the Commandant does not concur. (c) Failure To respond If the National Transportation Safety Board has not received the written response required under subsection (a) by the end of the time period described in that subsection, the National Transportation Safety Board shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that such response has not been received. . (b) Clerical amendment The analysis for chapter 7 721. Responses to safety recommendations. . 510. Comptroller General of the United States study and report on the Coast Guard’s oversight of third-party organizations (a) In general The Comptroller General of the United States shall initiate a review, not later than 1 year after the date of enactment of this Act that assesses the Coast Guard’s oversight of third-party organizations. (b) Elements The study required under subsection (a) shall analyze the following: (1) Coast Guard utilization of third-party organizations in its prevention mission, and the extent the Coast Guard plans to increase such use to enhance prevention mission performance, including resource utilization and specialized expertise. (2) The extent the Coast Guard has assessed the potential risks and benefits of using third-party organizations to support prevention mission activities. (3) The extent the Coast Guard provides oversight of third-party organizations authorized to support prevention mission activities. (c) Report The Comptroller General shall submit the results from this study not later than 1 year after initiating the review to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. B Other matters 521. Definition of a stateless vessel Section 70502(d)(1) of title 46, United States Code, is amended— (1) in subparagraph (B), by striking and (2) in subparagraph (C), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (D) a vessel aboard which no individual, on request of an officer of the United States authorized to enforce applicable provisions of United States law, claims to be the master or is identified as the individual in charge and that has no other claim of nationality or registry under paragraph (1) or (2) of subsection (e). . 522. Report on enforcement of coastwise laws Not later than 1 year of the date of enactment of this Act, the Commandant shall submit to Congress a report describing any changes to the enforcement of chapters 121 and 551 of title 46, United States Code, as a result of the amendments to section 4(a)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(a)(1) Public Law 116–283 523. Study on multi-level supply chain security strategy of the Department of Homeland Security (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study that assesses the efforts of the Department of Homeland Security with respect to securing vessels and maritime cargo bound for the United States from national security related risks and threats. (b) Elements The study required under subsection (a) shall assess the following: (1) Programs that comprise the maritime strategy of the Department of Homeland Security for securing vessels and maritime cargo bound for the United States, and the extent that such programs cover the critical components of the global supply chain. (2) The extent to which the components of the Department of Homeland Security responsible for maritime security issues have implemented leading practices in collaboration. (3) The extent to which the Department of Homeland Security has assessed the effectiveness of its maritime security strategy. (c) Report Not later than 1 year after initiating the study under subsection (a), the Comptroller General of the United States shall submit the results from the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 524. Study to modernize the merchant mariner licensing and documentation system (a) In general Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, a report on the financial, human, and information technology infrastructure resources needed to establish an electronic merchant mariner licensing and documentation system. (b) Legislative and regulatory suggestions The report described in paragraph (1) shall include recommendations for such legislative or administrative actions as the Commandant determines necessary to establish the electronic merchant mariner licensing and documentation system described in subsection (a) as soon as possible. 525. Study and report on development and maintenance of mariner records database (a) Study (1) In general The Secretary, in coordination with the Commandant and the Administrator of the Maritime Administration and the Commander of the United States Transportation Command, shall conduct a study on the potential benefits and feasibility of developing and maintaining a Coast Guard database that— (A) contains records with respect to each credentialed mariner, including credential validity, drug and alcohol testing results, and information on any final adjudicated agency action involving a credentialed mariner or regarding any involvement in a marine casualty; and (B) maintains such records in a manner such that data can be readily accessed by the Federal Government for the purpose of assessing workforce needs and for the purpose of the economic and national security of the United States. (2) Elements The study required under paragraph (1) shall— (A) include an assessment of the resources, including information technology, and authorities necessary to develop and maintain the database described in such paragraph; and (B) specifically address the protection of the privacy interests of any individuals whose information may be contained within the database, which shall include limiting access to the database or having access to the database be monitored by, or accessed through, a member of the Coast Guard. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under subsection (a), including findings, conclusions, and recommendations. (c) Definitions In this section: (1) Credentialed mariner The term credentialed mariner (2) Secretary The term Secretary VI Sexual assault and sexual harassment prevention and response 601. Definitions (a) In general Section 2101 of title 46, United States Code, is amended— (1) by redesignating paragraphs (45) through (54) as paragraphs (47) through (56), respectively; and (2) by inserting after paragraph (44) the following: (45) sexual assault chapter 109A (46) sexual harassment (A) Conduct towards an individual (which may have been by the individual's supervisor, a supervisor in another area, a coworker, or another credentialed mariner) that— (i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature, when— (I) submission to such conduct is made either explicitly or implicitly a term or condition of employment, pay, career, benefits, or entitlements of the individual; (II) any submission to, or rejection of, such conduct by the individual is used as a basis for decisions affecting the individual’s job, pay, career, benefits, or entitlements; or (III) such conduct has the purpose or effect of unreasonably interfering with the individual’s work performance or creates an intimidating, hostile, or offensive working environment; and (ii) is so severe or pervasive that a reasonable person would perceive, and the individual does perceive, the environment as hostile or offensive. (B) Any use or condonation by any person in a supervisory or command position of any form of sexual behavior to control, influence, or affect the career, pay, or job of an individual who is a subordinate to the person. (C) Any intentional or repeated unwelcome verbal comment or gesture of a sexual nature towards or about an individual by the individual's supervisor, a supervisor in another area, a coworker, or another credentialed mariner. . (b) Report The Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing any changes the Commandant may propose to the definitions added by the amendments in subsection (a). (c) Conforming amendments (1) Section 2113(3) of title 46, United States Code, is amended by striking section 2101(51)(A) section 2101(53)(A) (2) Section 4105 of title 46, United States Code, is amended— (A) in subsections (b)(1) and (c), by striking section 2101(51) section 2101(53) (B) in subsection (d), by striking section 2101(51)(A) section 2101(53)(A) (3) Section 1131(a)(1)(E) of title 49, United States Code, is amended by striking section 2101(46) 116 602. Convicted sex offender as grounds for denial (a) In general Chapter 75 7511. Convicted sex offender as grounds for denial (a) Sexual abuse A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part shall be denied to an individual who has been convicted of a sexual offense prohibited under chapter 109A (b) Abusive sexual contact A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part may be denied to an individual who within 5 years before applying for the license, certificate, or document, has been convicted of a sexual offense prohibited under subsection (b) of section 2244 of title 18, or a substantially similar offense under a State, local, or Tribal law. . (b) Clerical amendment The analysis for chapter 75 7511. Convicted sex offender as grounds for denial. 603. Accommodation; notices Section 11101 of title 46, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (3), by striking ; and (B) in paragraph (4), by striking the period at the end and inserting ; and (C) by adding at the end the following: (5) each crew berthing area shall be equipped with information regarding— (A) vessel owner or company policies prohibiting sexual assault, sexual harassment, retaliation, and drug and alcohol use; and (B) procedures and resources to report allegations of sexual assault and sexual harassment, including information— (i) on the contact information, website address, and mobile application of the Coast Guard Investigative Services and the Coast Guard National Command Center, in order to report allegations of sexual assault or sexual harassment; (ii) on vessel owner or company procedures to report violations of company policy and access resources; (iii) on resources provided by outside organizations such as sexual assault hotlines and counseling; (iv) on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported; and (v) on additional items specified in regulations issued by, and at the discretion of, the Secretary. ; and (2) in subsection (d), by adding at the end the following: In each washing place in a visible location, there shall be information regarding procedures and resources to report alleged sexual assault and sexual harassment upon the vessel, and vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol use. 604. Protection against discrimination Section 2114(a) of title 46, United States Code, is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively; and (B) by inserting after subparagraph (A) the following: (B) the seaman in good faith has reported or is about to report to the vessel owner, Coast Guard, or other appropriate Federal agency or department sexual harassment or sexual assault against the seaman or knowledge of sexual harassment or sexual assault against another seaman; ; and (2) in paragraphs (2) and (3), by striking paragraph (1)(B) paragraph (1)(C) 605. Alcohol at sea (a) In general The Commandant shall seek to enter into an agreement with the National Academy of Sciences not later than 1 year after the date of the enactment of this Act under which the National Academy of Sciences shall prepare an assessment to determine safe levels of alcohol consumption and possession by crew members aboard vessels of the United States engaged in commercial service, except when such possession is associated with the commercial sale to individuals aboard the vessel who are not crew members. (b) Assessment The assessment under this section shall— (1) take into account the safety and security of every individual on the vessel; (2) take into account reported incidences of sexual harassment or sexual assault, as defined in section 2101 of title 46, United States Code; and (3) provide any appropriate recommendations for any changes to laws, including regulations, or employer policies. (c) Submission Upon completion of the assessment under this section, the National Academy of Sciences shall submit the assessment to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Commandant, and the Secretary of the department in which the Coast Guard is operating. (d) Regulations (1) The Commandant— (A) shall review the findings and recommendations of the assessment under this section by not later than 180 days after receiving the assessment under subsection (c); and (B) taking into account the safety and security of every individual on vessels of the United States engaged in commercial service, may issue regulations relating to alcohol consumption on such vessels. (e) Report required If, by the date that is 2 years after the receipt of the assessment under subsection (c), the Commandant does not issue regulations under subsection (d), the Commandant shall provide a report by such date to the appropriate committees of Congress— (1) regarding the rationale for not issuing such regulations; and (2) providing other recommendations as necessary to ensure safety at sea. 606. Sexual harassment or sexual assault as grounds for suspension and revocation (a) In general Chapter 77 section 7704 7704a. Sexual harassment or sexual assault as grounds for suspension and revocation (a) Sexual harassment If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 10 years before the beginning of the suspension and revocation proceedings, is the subject of a substantiated claim of sexual harassment, then the license, certificate of registry, or merchant mariner’s document shall be suspended or revoked. (b) Sexual assault If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 20 years before the beginning of the suspension and revocation proceedings, is the subject of a substantiated claim of sexual assault, then the license, certificate of registry, or merchant mariner’s document shall be revoked. (c) Substantiated claim (1) In general In this section, the term substantiated claim (A) a legal proceeding or agency action in any administrative proceeding that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation and for which all appeals have been exhausted, as applicable; or (B) a determination after an investigation by the Coast Guard that it is more likely than not that the individual committed sexual harassment or sexual assault as defined in section 2101, if the determination affords appropriate due process rights to the subject of the investigation. (2) Investigation by the Coast Guard An investigation by the Coast Guard under paragraph (1)(B) shall include evaluation of the following materials that shall be provided to the Coast Guard: (A) Any inquiry or determination made by the employer of the individual as to whether the individual committed sexual harassment or sexual assault. (B) Upon request from the Coast Guard, any investigative materials, documents, records, or files in the possession of an employer or former employer of the individual that are related to the claim of sexual harassment or sexual assault by the individual. (3) Additional review A license, certificate of registry, or merchant mariner’s document shall not be suspended or revoked under subsection (a) or (b), unless the substantiated claim is reviewed and affirmed, in accordance with the applicable definition in section 2101, by an administrative law judge at the same suspension or revocation hearing under this chapter described in subsection (a) or (b), as applicable. . (b) Clerical amendment The analysis for chapter 77 section 7704 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation. . 607. Surveillance requirements (a) In general Part B of subtitle II of title 46, United States Code, is amended by adding at the end the following: 49 Oceangoing nonpassenger commercial vessels 4901. Surveillance requirements (a) Applicability (1) In general The requirements in this section shall apply to vessels engaged in commercial service that do not carry passengers and are any of the following: (A) A documented vessel with overnight accommodations for at least 10 persons on board that— (i) is on a voyage of at least 600 miles and crosses seaward of the boundary line; or (ii) is at least 24 meters (79 feet) in overall length and required to have a load line under chapter 51. (B) A documented vessel on an international voyage that is of— (i) at least 500 gross tons as measured under section 14502; or (ii) an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104. (C) A vessel with overnight accommodations for at least 10 persons on board that are operating for no less than 72 hours on waters superjacent to the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331(a) (2) Exception Notwithstanding paragraph (1), the requirements in this section shall not apply to any fishing vessel, fish processing vessel, or fish tender vessel. (b) Requirement for maintenance of video surveillance system Each vessel to which this section applies shall maintain a video surveillance system in accordance with this section. (c) Placement of video and audio surveillance equipment (1) In general The owner of a vessel to which this section applies shall install video and audio surveillance equipment aboard the vessel not later than 2 years after the date of enactment of the Coast Guard Authorization Act of 2022 (2) Locations Video and audio surveillance equipment shall be placed in passageways onto which doors from staterooms open. Such equipment shall be placed in a manner ensuring the visibility of every door in each such passageway. (d) Notice of video and audio surveillance The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the crew of the presence of video and audio surveillance equipment. (e) Access to video and audio records (1) In general The owner of a vessel to which this section applies shall provide to any Federal, State, or other law enforcement official performing official duties in the course and scope of a criminal or marine safety investigation, upon request, a copy of all records of video and audio surveillance that the official believes is relevant to the investigation. (2) Civil actions Except as proscribed by law enforcement authorities or court order, the owner of a vessel to which this section applies shall, upon written request, provide to any individual or the individual’s legal representative a copy of all records of video and audio surveillance— (A) in which the individual is a subject of the video and audio surveillance; (B) if the request is in conjunction with a legal proceeding or investigation; and (C) that may provide evidence of any sexual harassment or sexual assault incident in a civil action. (3) Limited access The owner of a vessel to which this section applies shall ensure that access to records of video and audio surveillance is limited to the purposes described in this section and not used as part of a labor action against a crew member or employment dispute unless used in a criminal or civil action. (f) Retention requirements The owner of a vessel to which this section applies shall retain all records of audio and video surveillance for not less than 4 years after the footage is obtained. Any video and audio surveillance found to be associated with an alleged incident of sexual harassment or sexual assault shall be retained by such owner for not less than 10 years from the date of the alleged incident. The Federal Bureau of Investigation and the Coast Guard are authorized access to all records of video and audio surveillance relevant to an investigation into criminal conduct. (g) Personnel training A vessel owner, managing operator, or employer of a seafarer (in this subsection referred to as the company (1) such training to ensure the individuals— (A) retain audio and visual records and other evidence objectively; and (B) act impartially without influence from the company or others; and (2) training on applicable Federal, State, Tribal, and local laws and regulations regarding sexual assault and sexual harassment investigations and reporting requirements. (h) Definition of owner In this section, the term owner . (b) Clerical amendment The analysis of subtitle II at the beginning of title 46, United States Code, is amended by adding after the item relating to chapter 47 the following: Chapter 49—Oceangoing nonpassenger commercial vessels 608. Master key control (a) In general Chapter 31 3106. Master key control system (a) In general The owner of a vessel subject to inspection under section 3301 shall— (1) ensure that such vessel is equipped with a vessel master key control system, manual or electronic, which provides controlled access to all copies of the vessel’s master key of which access shall only be available to the individuals described in paragraph (2); (2) (A) establish a list of all crew members, identified by position, allowed to access and use the master key; and (B) maintain such list upon the vessel within owner records and include such list in the vessel safety management system under section 3203(a)(6); (3) record in a log book, which may be electronic and shall be included in the safety management system under section 3203(a)(6), information on all access and use of the vessel’s master key, including— (A) dates and times of access; (B) the room or location accessed; and (C) the name and rank of the crew member that used the master key; and (4) make the list under paragraph (2) and the log book under paragraph (3) available upon request to any agent of the Federal Bureau of Investigation, any member of the Coast Guard, and any law enforcement officer performing official duties in the course and scope of an investigation. (b) Prohibited use A crew member not included on the list described in subsection (a)(2) shall not have access to or use the master key unless in an emergency and shall immediately notify the master and owner of the vessel following access to or use of such key. (c) Penalty Any crew member who violates subsection (b) shall be liable to the United States Government for a civil penalty of not more than $1,000, and may be subject to suspension or revocation under section 7703. . (b) Clerical amendment The analysis for chapter 31 3106. Master key control system. 609. Safety management systems Section 3203 of title 46, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and (B) by inserting after paragraph (4) the following: (5) with respect to sexual harassment and sexual assault, procedures and annual training requirements for all responsible persons and vessels to which this chapter applies on— (A) prevention; (B) bystander intervention; (C) reporting; (D) response; and (E) investigation; (6) the list required under section 3106(a)(2) and the log book required under section 3106(a)(3); ; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and (3) by inserting after subsection (a) the following: (b) Procedures and training requirements In prescribing regulations for the procedures and training requirements described in subsection (a)(5), such procedures and requirements shall be consistent with the requirements to report sexual harassment or sexual assault under section 10104. (c) Audits (1) In general Upon discovery of a failure of a responsible person or vessel to comply with a requirement under section 10104 during an audit of a safety management system or from other sources of information acquired by the Coast Guard (including an audit or systematic review under section 10104(g)), the Secretary shall audit the safety management system of a vessel under this section to determine if there is a failure to comply with any other requirement under section 10104. (2) Certificates (A) Suspension During an audit of a safety management system of a vessel required under paragraph (1), the Secretary may suspend the Safety Management Certificate issued for the vessel under section 3205 and issue a separate Safety Management Certificate for the vessel to be in effect for a 3-month period beginning on the date of the issuance of such separate certificate. (B) Revocation At the conclusion of an audit of a safety management system required under paragraph (1), the Secretary shall revoke the Safety Management Certificate issued for the vessel under section 3205 if the Secretary determines— (i) that the holder of the Safety Management Certificate knowingly, or repeatedly, failed to comply with section 10104; or (ii) other failure of the safety management system resulted in the failure to comply with such section. (3) Documents of compliance (A) In general Following an audit of the safety management system of a vessel required under paragraph (1), the Secretary may audit the safety management system of the responsible person for the vessel. (B) Suspension During an audit under subparagraph (A), the Secretary may suspend the Document of Compliance issued to the responsible person under section 3205 and issue a separate Document of Compliance to such person to be in effect for a 3-month period beginning on the date of the issuance of such separate document. (C) Revocation At the conclusion of an assessment or an audit of a safety management system under subparagraph (A), the Secretary shall revoke the Document of Compliance issued to the responsible person if the Secretary determines— (i) that the holder of the Document of Compliance knowingly, or repeatedly, failed to comply with section 10104; or (ii) that other failure of the safety management system resulted in the failure to comply with such section. . 610. Requirement to report sexual assault and harassment Section 10104 of title 46, United States Code, is amended by striking subsections (a) and (b) and inserting the following: (a) Mandatory reporting by crew members (1) In general A crew member of a documented vessel shall report to the Commandant in accordance with subsection (c) any complaint or incident of sexual harassment or sexual assault of which the crew member has firsthand or personal knowledge. (2) Penalty Except as provided in paragraph (3), a crew member with firsthand or personal knowledge of a sexual assault or sexual harassment incident on a documented vessel who knowingly fails to report in compliance with paragraph (1) is liable to the United States Government for a civil penalty of not more than $25,000. (3) Amnesty A crew member who knowingly fails to make the required reporting under paragraph (1) shall not be subject to the penalty described in paragraph (2) if the complaint is shared in confidence with the crew member directly from the individual who experienced the sexual harassment or sexual assault or the crew member is a victim advocate as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) (b) Mandatory reporting by vessel owner, master, managing operator, or employer (1) In general A vessel owner, master, or managing operator of a documented vessel or the employer of a seafarer on that vessel shall report to the Commandant in accordance with subsection (c) any complaint or incident of sexual harassment or sexual assault involving a crew member in violation of employer policy or law of which such vessel owner or managing operator is made aware. Such reporting shall include results of any investigation into the incident, if applicable, and any action taken against the offending crew member. (2) Penalty A vessel owner, master, or managing operator of a documented vessel or the employer of a seafarer on that vessel who knowingly fails to report in compliance with paragraph (1) is liable to the United States Government for a civil penalty of not more than $50,000. (c) Reporting procedures (1) Timing (A) Reports by crew members A report required under subsection (a) shall be made as soon as practicable, but not later than 10 days after the individual develops firsthand or personal knowledge of the sexual assault or sexual harassment incident, to the Commandant by the fastest telecommunications channel available. (B) Reports by vessel owners, masters, managing operators, or employers A report required under subsection (b) shall be made immediately after the vessel owner, master, managing operator, or employer of the seafarer gains knowledge of a sexual assault or sexual harassment incident by the fastest telecommunications channel available. Such report shall be made to the Commandant and the appropriate officer or agency of the government of the country in whose waters the incident occurs. (2) Contents A report required under subsection (a) or (b) shall include, to the best of the knowledge of the individual making the report— (A) the name, official position or role in relation to the vessel, and contact information of the individual making the report; (B) the name and official number of the documented vessel; (C) the time and date of the incident; (D) the geographic position or location of the vessel when the incident occurred; and (E) a brief description of the alleged sexual harassment or sexual assault being reported. (3) Receiving reports and collection of information (A) Receiving reports With respect to reports submitted under this subsection to the Coast Guard, the Commandant— (i) may establish additional reporting procedures, including procedures for receiving reports through— (I) a telephone number that is continuously manned at all times; and (II) an email address that is continuously monitored; and (ii) shall use procedures that include preserving evidence in such reports and providing emergency service referrals. (B) Collection of information After receiving a report under this subsection, the Commandant shall collect information related to the identity of each alleged victim, alleged perpetrator, and witness identified in the report through a means designed to protect, to the extent practicable, the personal identifiable information of such individuals. (d) Subpoena authority (1) In general The Commandant may compel the testimony of witnesses and the production of any evidence by subpoena to determine compliance with this section. (2) Jurisdictional limits The jurisdictional limits of a subpoena issued under this section are the same as, and are enforceable in the same manner as, subpoenas issued under chapter 63 of this title. (e) Company after-Action summary A vessel owner, master, managing operator, or employer of a seafarer that makes a report under subsection (b), or becomes aware of a report made under subsection (a) that involves an individual employed by the owner, master, operator, or employer at the time of the sexual assault or sexual harassment incident, shall— (1) submit to the Commandant a document with detailed information to describe the actions taken by the vessel owner, master, managing operator, or employer of a seafarer after it became aware of the sexual assault or sexual harassment incident; and (2) make such submission not later than 10 days after the vessel owner, master, managing operator, or employer of a seafarer made the report under subsection (b), or became aware of a report made under subsection (a) that involves an individual employed by the owner, master, operator, or employer at the time of the sexual assault or sexual harassment incident. (f) Required company records A vessel owner, master, managing operator, or employer of a seafarer shall— (1) submit to the Commandant copies of all records, including documents, files, recordings, statements, reports, investigatory materials, findings, and any other materials requested by the Commandant related to the claim of sexual assault or sexual harassment; and (2) make such submission not later than 14 days after— (A) the vessel owner, master, managing operator, or employer of a seafarer submitted a report under subsection (b); or (B) the vessel owner, master, managing operator, or employer of a seafarer acquired knowledge of a report made under subsection (a) that involved individuals employed by the vessel owner, master, managing operator, or employer of a seafarer. (g) Investigatory audit The Commandant shall periodically perform an audit or other systematic review of the submissions made under this section to determine if there were any failures to comply with the requirements of this section. (h) Civil penalty A vessel owner, master, managing operator, or employer of a seafarer that fails to comply with subsection (e) or (f) is liable to the United States Government for a civil penalty of $50,000 for each day a failure continues. (i) Applicability; regulations (1) Effective date The requirements of this section take effect on the date of enactment of the Coast Guard Authorization Act of 2022 (2) Regulations The Commandant may issue regulations to implement the requirements of this section. (3) Reports Any report required to be made to the Commandant under this section shall be made to the Coast Guard National Command Center, until regulations establishing other reporting procedures are issued. . 611. Civil actions for personal injury or death of seamen (a) Personal injury to or death of seamen Section 30104 of title 46, United States Code, is amended by inserting , including an injury resulting from sexual assault or sexual harassment (as such terms are defined in section 2101), in the course of employment (b) Time limit on bringing maritime action Section 30106 of title 46, United States Code, is amended— (1) in the section heading, by striking for personal injury or death (2) by striking Except as otherwise (a) In general Except as otherwise ; and (3) by adding at the end the following: (b) Extension for sexual offense A civil action under subsection (a) arising out of a maritime tort for a claim of sexual harassment or sexual assault, as such terms are defined in section 2101, shall be brought not later than 5 years after the cause of action for a claim of sexual harassment or sexual assault arose. . (c) Clerical amendment The analysis for chapter 301 30106. Time limit on bringing maritime action. . 612. Administration of sexual assault forensic examination kits (a) In general Subchapter IV of chapter 5 564. Administration of sexual assault forensic examination kits (a) Sexual assault forensic exam procedure (1) In general Before embarking on any prescheduled voyage, a Coast Guard vessel shall have in place a written operating procedure that ensures that an embarked victim of sexual assault shall have access to a sexual assault forensic examination— (A) as soon as possible after the victim requests an examination; and (B) that is treated with the same level of urgency as emergency medical care. (2) Requirements The written operating procedure required by paragraph (1), shall, at a minimum, account for— (A) the health, safety, and privacy of a victim of sexual assault; (B) the proximity of ashore or afloat medical facilities, including coordination as necessary with the Department of Defense, including other military departments (as defined in section 101 of title 10, United States Code); (C) the availability of aeromedical evacuation; (D) the operational capabilities of the vessel concerned; (E) the qualifications of medical personnel onboard; (F) coordination with law enforcement and the preservation of evidence; (G) the means of accessing a sexual assault forensic examination and medical care with a restricted report of sexual assault; (H) the availability of nonprescription pregnancy prophylactics; and (I) other unique military considerations. . (b) Study (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall seek to enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study to assess the feasibility of the development of a self-administered sexual assault forensic examination for use by victims of sexual assault onboard a vessel at sea. (2) Elements The study under paragraph (1) shall— (A) take into account— (i) the safety and security of the alleged victim of sexual assault; (ii) the ability to properly identify, document, and preserve any evidence relevant to the allegation of sexual assault; and (iii) the applicable criminal procedural laws relating to authenticity, relevance, preservation of evidence, chain of custody, and any other matter relating to evidentiary admissibility; and (B) provide any appropriate recommendation for changes to existing laws, regulations, or employer policies. (3) Report Upon completion of the study under paragraph (1), the National Academy of Sciences shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Secretary of the department in which the Coast Guard is operating a report on the findings of the study. (c) Clerical amendment The analysis for subchapter IV of chapter 5 564. Administration of sexual assault forensic examination kits. . 613. Reports to Congress (a) In general Chapter 101 10105. Reports to Congress Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2022 (1) the number of reports received under section 10104; (2) the number of penalties issued under such section; (3) the number of open investigations under such section, completed investigations under such section, and the outcomes of such open or completed investigations; (4) the number of assessments or audits conducted under section 3203 and the outcome of those assessments or audits; (5) a statistical analysis of compliance with the safety management system criteria under section 3203; (6) the number of credentials denied or revoked due to sexual harassment, sexual assault, or related offenses; and (7) recommendations to support efforts of the Coast Guard to improve investigations and oversight of sexual harassment and sexual assault in the maritime sector, including funding requirements and legislative change proposals necessary to ensure compliance with title VI of the Coast Guard Authorization Act of 2022 . (b) Clerical amendment The analysis for chapter 101 10105. Reports to Congress. . 614. Policy on requests for permanent changes of station or unit transfers by persons who report being the victim of sexual assault Not later than 30 days after the date of the enactment of this Act, the Commandant, in consultation with the Director of the Health, Safety, and Work Life Directorate, shall issue an interim update to Coast Guard policy guidance to allow a member of the Coast Guard who has reported being the victim of a sexual assault or any other offense covered by section 920, 920c, or 930 of title 10, United States Code (article 120, 120c, or 130 of the Uniform Code of Military Justice) to request an immediate change of station or a unit transfer. The final policy shall be updated not later than 1 year after the date of the enactment of this Act. 615. Sex offenses and personnel records Not later than 180 days after the date of the enactment of this Act, the Commandant shall issue final regulations or policy guidance required to fully implement section 1745 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 10 U.S.C. 1561 616. Study on Coast Guard oversight and investigations (a) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study to assess the oversight over Coast Guard activities, including investigations, personnel management, whistleblower protection, and other activities carried out by the Department of Homeland Security Office of Inspector General. (b) Elements The study required by subsection (a) shall include the following: (1) An analysis of the ability of the Department of Homeland Security Office of Inspector General to ensure timely, thorough, complete, and appropriate oversight over the Coast Guard, including oversight over both civilian and military activities. (2) An assessment of— (A) the best practices with respect to such oversight; and (B) the ability of the Department of Homeland Security Office of Inspector General and the Commandant to identify and achieve such best practices. (3) An analysis of the methods, standards, and processes employed by the Department of Defense Office of Inspector General and the Inspectors General of the Armed Forces (as defined in section 101 of title 10, United States Code), other than the Coast Guard, to conduct oversight and investigation activities. (4) An analysis of the methods, standards, and processes of the Department of Homeland Security Office of Inspector General with respect to oversight over the civilian and military activities of the Coast Guard, as compared to the methods, standards, and processes described in paragraph (3). (5) An assessment of the extent to which the Coast Guard Investigative Service completes investigations or other disciplinary measures after referral of complaints from the Department of Homeland Security Office of Inspector General. (6) A description of the staffing, expertise, training, and other resources of the Department of Homeland Security Office of Inspector General, and an assessment as to whether such staffing, expertise, training, and other resources meet the requirements necessary for meaningful, timely, and effective oversight over the activities of the Coast Guard. (c) Report Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study, including recommendations with respect to oversight over Coast Guard activities. 617. Study on Special Victims' Counsel program (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall enter into an agreement with a federally funded research and development center for the conduct of a study on— (1) the Special Victims' Counsel program of the Coast Guard; (2) Coast Guard investigations of sexual assault offenses for cases in which the subject of the investigation is no longer under jeopardy for the alleged misconduct for reasons including the death of the accused, a lapse in the statute of limitations for the alleged offense, and a fully adjudicated criminal trial of the alleged offense in which all appeals have been exhausted; and (3) legal support and representation provided to members of the Coast Guard who are victims of sexual assault, including in instances in which the accused is a member of the Army, Navy, Air Force, Marine Corps, or Space Force. (b) Elements The study required by subsection (a) shall assess the following: (1) The Special Victims' Counsel program of the Coast Guard, including training, effectiveness, capacity to handle the number of cases referred, and experience with cases involving members of the Coast Guard and members of another Armed Force (as defined in section 101 of title 10, United States Code). (2) The experience of Special Victims' Counsels in representing members of the Coast Guard during a court-martial. (3) Policies concerning the availability and detailing of Special Victims' Counsels for sexual assault allegations, in particular such allegations in which the accused is a member of another Armed Force (as defined in section 101 of title 10, United States Code), and the impact that the cross-service relationship had on— (A) the competence and sufficiency of services provided to the alleged victim; and (B) the interaction between— (i) the investigating agency and the Special Victims' Counsels; and (ii) the prosecuting entity and the Special Victims' Counsels. (4) Training provided to, or made available for, Special Victims’ Counsels and paralegals with respect to Department of Defense processes for conducting sexual assault investigations and Special Victims’ Counsel representation of sexual assault victims. (5) The ability of Special Victims' Counsels to operate independently without undue influence from third parties, including the command of the accused, the command of the victim, the Judge Advocate General of the Coast Guard, and the Deputy Judge Advocate General of the Coast Guard. (6) The skill level and experience of Special Victims' Counsels, as compared to special victims' counsels available to members of the Army, Navy, Air Force, Marine Corps, and Space Force. (7) Policies regarding access to an alternate Special Victims' Counsel, if requested by the member of the Coast Guard concerned, and potential improvements for such policies. (c) Report Not later than 180 days after entering into an agreement under subsection (a), the federally funded research and development center shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) the findings of the study required by that subsection; (2) recommendations to improve the coordination, training, and experience of Special Victims' Counsels of the Coast Guard so as to improve outcomes for members of the Coast Guard who have reported sexual assault; and (3) any other recommendation the federally funded research and development center considers appropriate. VII National Oceanic and Atmospheric Administration A National Oceanic and Atmospheric Administration Commissioned Officer Corps 701. Definitions Section 212(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3002(b) (8) Under Secretary The term Under Secretary . 702. Requirement for appointments Section 221(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3021(c) may not be given (1) be given only to an individual who is a citizen of the United States; and (2) not be given . 703. Repeal of requirement to promote ensigns after 3 years of service (a) In general Section 223 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3023 223. Separation of ensigns found not fully qualified If an officer in the permanent grade of ensign is at any time found not fully qualified, the officer's commission shall be revoked and the officer shall be separated from the commissioned service. . (b) Clerical amendment The table of contents in section 1 of the Act entitled An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes Public Law 107–372 Sec. 223. Separation of ensigns found not fully qualified. . 704. Authority to provide awards and decorations (a) In general Subtitle A of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3001 et seq. 220. Awards and decorations The Under Secretary may provide ribbons, medals, badges, trophies, and similar devices to members of the commissioned officer corps of the Administration and to members of other uniformed services for service and achievement in support of the missions of the Administration. . (b) Clerical amendment The table of contents in section 1 of the Act entitled An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes Public Law 107–372 Sec. 220. Awards and decorations. . 705. Retirement and separation (a) Involuntary retirement or separation Section 241(a)(1) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3041(a)(1) (1) an officer in the permanent grade of captain or commander may— (A) except as provided by subparagraph (B), be transferred to the retired list; or (B) if the officer is not qualified for retirement, be separated from service; and . (b) Retirement for age Section 243(a) of that Act ( 33 U.S.C. 3043(a) be retired be retired or separated (as specified in section 1251(e) of title 10, United States Code) (c) Retirement or separation based on years of creditable service Section 261(a) of that Act ( 33 U.S.C. 3071(a) (1) by redesignating paragraphs (17) through (26) as paragraphs (18) through (27), respectively; and (2) by inserting after paragraph (16) the following: (17) Section 1251(e), relating to retirement or separation based on years of creditable service. . 706. Licensure of health-care professionals Section 263 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3073 (1) by striking The Secretary (a) In general (2) by adding at the end the following: (b) Licensure of health-Care professionals (1) In general Notwithstanding any other provision of law regarding the licensure of health-care providers, a health-care professional described in paragraph (2) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, or in any other area within or beyond the jurisdiction of the United States, regardless of where the health-care professional or the patient of the health-care professional is located, if the practice is within the scope of the authorized Federal duties of the health-care professional. (2) Health-care professional described A health-care professional described in this paragraph is a health-care professional— (A) who is— (i) a member of the commissioned officer corps of the Administration; (ii) a civilian employee of the Administration; (iii) an officer or employee of the Public Health Service who is assigned or detailed to the Administration; or (iv) any other health-care professional credentialed and privileged at a Federal health-care institution or location specially designated by the Secretary; and (B) who— (i) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and (ii) is performing authorized duties for the Administration. (3) Definitions In this subsection: (A) Health-care professional The term health-care professional (B) License The term license . 707. Improving professional mariner staffing (a) In general Subtitle E of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3071 et seq. 269B. Shore leave for professional mariners (a) In general The Under Secretary may prescribe regulations relating to shore leave for professional mariners without regard to the requirements of section 6305 of title 5, United States Code. (b) Requirements The regulations prescribed under subsection (a) shall— (1) require that a professional mariner serving aboard an ocean-going vessel be granted a leave of absence of four days per pay period; and (2) provide that a professional mariner serving in a temporary promotion position aboard a vessel may be paid the difference between the mariner's temporary and permanent rates of pay for leave accrued while serving in the temporary promotion position. (c) Professional mariner defined In this section, the term professional mariner . (b) Clerical amendment The table of contents in section 1 of the Act entitled An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes Public Law 107–372 Sec. 269B. Shore leave for professional mariners. . 708. Legal assistance Section 1044(a)(3) of title 10, United States Code, is amended by inserting or the commissioned officer corps of the National Oceanic and Atmospheric Administration Public Health Service 709. Acquisition of aircraft for extreme weather reconnaissance (a) Increased fleet capacity (1) In general The Under Secretary of Commerce for Oceans and Atmosphere shall acquire adequate aircraft platforms with the necessary observation and modification requirements— (A) to meet agency-wide air reconnaissance and research mission requirements, particularly with respect to hurricanes and tropical cyclones, and also for atmospheric chemistry, climate, air quality for public health, full-season fire weather research and operations, full-season atmospheric river air reconnaissance observations, and other mission areas; and (B) to ensure data and information collected by the aircraft are made available to all users for research and operations purposes. (2) Contracts In carrying out paragraph (1), the Under Secretary shall negotiate and enter into 1 or more contracts or other agreements, to the extent practicable and necessary, with 1 or more governmental, commercial, or nongovernmental entities. (3) Derivation of funds For each of fiscal years 2023 through 2026, amounts to support the implementation of paragraphs (1) and (2) shall be derived— (A) from amounts appropriated to the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration and available for the purpose of atmospheric river reconnaissance; and (B) if amounts described in subparagraph (A) are insufficient to support the implementation of paragraphs (1) and (2), from amounts appropriated to that Office and available for purposes other than atmospheric river reconnaissance. (b) Acquisition of aircraft To replace the WP–3D aircraft (1) In general Not later than September 30, 2023, the Under Secretary shall enter into a contract for the acquisition of 6 aircraft to replace the WP–3D aircraft that provides for— (A) the first newly acquired aircraft to be fully operational before the retirement of the last WP–3D aircraft operated by the National Oceanic and Atmospheric Administration; and (B) the second newly acquired aircraft to be fully operational not later than 1 year after the first such aircraft is required to be fully operational under subparagraph (A). (2) Authorization of appropriations There is authorized to be appropriated to the Under Secretary $1,800,000,000, without fiscal year limitation, for the acquisition of the aircraft under paragraph (1). 710. Report on professional mariner staffing models (a) In general Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the committees specified in subsection (c) a report on staffing issues relating to professional mariners within the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration. (b) Elements The report required by subsection (a) shall include consideration of— (1) the challenges the Office of Marine and Aviation Operations faces in recruiting and retaining qualified professional mariners; (2) workforce planning efforts to address those challenges; and (3) other models or approaches that exist, or are under consideration, to provide incentives for the retention of qualified professional mariners. (c) Committees specified The committees specified in this subsection are— (1) the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives. (d) Professional mariner defined In this section, the term professional mariner B Other Matters 711. Conveyance of certain property of the National Oceanic and Atmospheric Administration in Juneau, Alaska (a) Definitions In this section: (1) City The term City (2) Master Plan The term Master Plan (3) Property The term Property (4) Secretary The term Secretary (b) Conveyance authorized (1) In general The Secretary may convey, at fair market value, all right, title, and interest of the United States in and to the Property, subject to subsection (c) and the requirements of this section. (2) Termination of authority The authority provided by paragraph (1) shall terminate on the date that is 3 years after the date of the enactment of this Act. (c) Right of first refusal The City shall have the right of first refusal with respect to the purchase, at fair market value, of the Property. (d) Survey The exact acreage and legal description of the Property shall be determined by a survey satisfactory to the Secretary. (e) Condition; quitclaim deed If the Property is conveyed under this section, the Property shall be conveyed— (1) in an as is, where is (2) via a quitclaim deed. (f) Fair market value (1) In general The fair market value of the Property shall be— (A) determined by an appraisal that— (i) is conducted by an independent appraiser selected by the Secretary; and (ii) meets the requirements of paragraph (2); and (B) adjusted, at the Secretary's discretion, based on the factors described in paragraph (3). (2) Appraisal requirements An appraisal conducted under paragraph (1)(A) shall be conducted in accordance with nationally recognized appraisal standards, including— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (3) Factors The factors described in this paragraph are— (A) matters of equity and fairness; (B) actions taken by the City regarding the Property, if the City exercises its right of first refusal under subsection (c), including— (i) comprehensive waterfront planning, site development, and other redevelopment activities supported by the City in proximity to the Property in furtherance of the Master Plan; (ii) in-kind contributions made to facilitate and support use of the Property by governmental agencies; and (iii) any maintenance expenses, capital improvement, or emergency expenditures made necessary to ensure public safety and access to and from the Property; and (C) such other factors as the Secretary considers appropriate. (g) Costs of conveyance If the City exercises its right of first refusal under subsection (c), all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance of the Property to the City under this section may be shared equitably by the Secretary and the City, as determined by the Secretary, including with the City providing in-kind contributions for any or all of such costs. (h) Proceeds Notwithstanding section 3302 of title 31, United States Code, or any other provision of law, any proceeds from a conveyance of the Property under this section shall— (1) be deposited in an account or accounts of the National Oceanic and Atmospheric Administration that exists as of the date of the enactment of this Act; (2) used to cover costs associated with the conveyance, related relocation efforts, and other facility and infrastructure projects in Alaska; and (3) remain available until expended, without further appropriation. (i) Memorandum of agreement If the City exercises its right of first refusal under subsection (c), before finalizing a conveyance to the City under this section, the Secretary and the City shall enter into a memorandum of agreement to establish the terms under which the Secretary shall have future access to, and use of, the Property to accommodate the reasonable expectations of the Secretary for future operational and logistical needs in southeast Alaska. (j) Reservation or easement for access and use The conveyance authorized under this section shall be subject to a reservation providing, or an easement granting, the Secretary, at no cost to the United States, a right to access and use the Property that— (1) is compatible with the Master Plan; and (2) authorizes future operational access and use by other Federal, State, and local government agencies that have customarily used the Property. (k) Liability (1) After conveyance An individual or entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out on or after the date and time of the conveyance of the Property. (2) Before conveyance The United States shall remain responsible for any liability the United States incurred with respect to activities the United States carried out on the Property before the date and time of the conveyance of the Property. (l) Additional terms and conditions The Secretary may require such additional terms and conditions in connection with a conveyance under this section as the Secretary considers appropriate and reasonable to protect the interests of the United States. (m) Environmental compliance Nothing in this section may be construed to affect or limit the application of or obligation to comply with any applicable environmental law, including— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (n) Conveyance not a major Federal action A conveyance under this section shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) VIII Technical, conforming, and clarifying amendments 801. Technical corrections (a) Section 319(b) of title 14, United States Code, is amended by striking section 331 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 section 44801 of title 49 (b) Section 1156(c) of title 14, United States Code, is amended by striking section 331 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 section 44801 of title 49 802. Reinstatement (a) Reinstatement The text of section 12(a) of the Act of June 21, 1940 ( 33 U.S.C. 522(a) (1) reinstated as it appeared on the day before the date of the enactment of section 8507(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 (2) redesignated as the sole text of section 12 of the Act of June 21, 1940 ( 33 U.S.C. 522 (b) Effective date The provision reinstated by subsection (a) shall be treated as if such section 8507(b) had never taken effect. (c) Conforming amendment The provision reinstated under subsection (a) is amended by striking , except to the extent provided in this section 803. Terms and vacancies Section 46101(b) of title 46, United States Code, is amended— (1) in paragraph (2)— (A) by striking one year 2 years (B) by striking 2 terms 3 terms (2) in paragraph (3)— (A) by striking of the individual being succeeded to which such individual is appointed (B) by striking 2 terms 3 terms (C) by striking the predecessor of that such
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Coast Guard Authorization Act of 2022
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Parity Enforcement Act of 2022 This bill provides authority for the Department of Labor to enforce the parity requirements for group health plans with respect to the coverage of mental health and substance use disorder benefits.
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117 S4804 IS: Parity Enforcement Act of 2022 U.S. Senate 2022-09-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4804 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Murphy Ms. Smith Mr. Luján Committee on Health, Education, Labor, and Pensions A BILL To provide for civil monetary penalties for violations of mental health parity requirements. 1. Short title This Act may be cited as the Parity Enforcement Act of 2022 2. Civil monetary penalties for parity violations (a) Civil monetary penalties relating to parity in mental health and substance use disorders Section 502(c)(10) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c)(10)(A) (1) in the heading, by striking use of genetic information use of genetic information and parity in mental health and substance use disorder benefits (2) in subparagraph (A)— (A) by striking any plan sponsor of a group health plan any plan sponsor or plan administrator of a group health plan (B) by striking for any failure in connection with the plan. for any failure by such sponsor, administrator, or issuer, in connection with the plan— (i) to meet the requirements of subsection (a)(1)(F), (b)(3), (c), or (d) of section 702 or section 701 or 702(b)(1) with respect to genetic information; or (ii) to meet the requirements of subsection (a) of section 712 with respect to parity in mental health and substance use disorder benefits. . (b) Exception to the general prohibition on enforcement Section 502 of such Act ( 29 U.S.C. 1132 (1) in subsection (a)(6), by striking or (9) (9), or (10) (2) in subsection (b)(3)— (A) by striking subsections (c)(9) and (a)(6) subsections (c)(9), (c)(10), and (a)(6) (B) by striking under subsection (c)(9)) under subsections (c)(9) and (c)(10)), and except with respect to enforcement by the Secretary of section 712 (C) by striking 706(a)(1) 733(a)(1) (c) Effective date The amendments made by subsection (a) shall apply with respect to group health plans, or any health insurance issuer offering health insurance coverage in connection with such plan, for plan years beginning after the date that is 1 year after the date of enactment of this Act.
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Parity Enforcement Act of 2022
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Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2022 This bill designates for study specified segments of the Nulhegan River and Paul Stream in Vermont for potential addition to the Wild and Scenic Rivers System.
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117 S4807 IS: Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2022 U.S. Senate 2022-09-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4807 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Leahy Mr. Sanders Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate the Nulhegan River and Paul Stream in the State of Vermont for potential addition to the National Wild and Scenic Rivers System, and for other purposes. 1. Short title This Act may be cited as the Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2022 2. Amendments to the Wild and Scenic Rivers Act (a) Designation for study Section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) (145) Nulhegan River and Paul Stream, Vermont The following segments: (A) The approximately 22-mile segment of the main stem of the Nulhegan River from the headwaters near Nulhegan Pond to the confluence with the Connecticut River, and any associated tributaries (including the North, Yellow, Black, and East Branches). (B) The approximately 18-mile segment of Paul Stream from the headwaters on West Mountain to the confluence with the Connecticut River, and any associated tributaries. . (b) Study and report Section 5(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(b) (22) Nulhegan River and Paul Stream, Vermont Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall— (A) complete the study of the Nulhegan River and Paul Stream segments in the State of Vermont described in subsection (a)(145); and (B) submit to the appropriate committees of Congress a report describing the results of the study described in subparagraph (A). .
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Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2022
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Democracy Restoration Act of 2021 This bill addresses the voting rights of individuals convicted of a criminal offense and the restoration of their voting rights. First, the bill declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence. Further, the bill provides for enforcement of, and remedies for violations of, the bill. In addition, it sets forth requirements for state and federal notification of individuals of the restoration of their voting rights. Finally, the bill prohibits federal funding of construction or improvement of a place of incarceration unless U.S. citizens incarcerated in that jurisdiction are notified, upon release, of their voting rights.
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117 S481 IS: Democracy Restoration Act of 2021 U.S. Senate 2021-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 481 IN THE SENATE OF THE UNITED STATES February 25, 2021 Mr. Cardin Mr. Kaine Ms. Baldwin Mr. Warner Mr. Booker Mr. Leahy Mr. Blumenthal Ms. Warren Mr. Van Hollen Mr. Sanders Ms. Smith Ms. Hirono Ms. Klobuchar Mr. Durbin Mr. Whitehouse Mr. Markey Mr. Coons Mr. Casey Mr. Brown Mr. Wyden Mr. Menendez Mr. Merkley Ms. Duckworth Mr. Bennet Committee on the Judiciary A BILL To secure the Federal voting rights of persons when released from incarceration. 1. Short title This Act may be cited as the Democracy Restoration Act of 2021 2. Findings Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas in which discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections— (A) the lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) State disenfranchisement laws vary widely. Two States (Maine and Vermont) and the Commonwealth of Puerto Rico do not disenfranchise individuals with criminal convictions at all. In 2020, the District of Columbia re-enfranchised its citizens who are under the supervision of the Federal Bureau of Prisons. In 30 States, individuals with convictions may not vote while they are on parole and 28 of those States disenfranchise individuals on felony probation as well. In 11 States, a conviction can result in lifetime disenfranchisement. (6) Several States deny the right to vote to individuals convicted of certain misdemeanors. (7) In 2020, an estimated 5,200,000 citizens of the United States, or about 1 in 44 adults in the United States, could not vote as a result of a felony conviction. Of the 5,200,000 citizens barred from voting then, only 24 percent were in prison. By contrast, 75 percent of persons disenfranchised then resided in their communities while on probation or parole or after having completed their sentences. Approximately 2,200,000 citizens who had completed their sentences were disenfranchised due to restrictive State laws. As of November 2018, the lifetime ban for persons with certain felony convictions was eliminated through a Florida ballot initiative. As a result, as many as 1,400,000 people are now eligible to have their voting rights restored. In 4 States—Alabama, Florida, Mississippi, and Tennessee—more than 7 percent of the total population is disenfranchised. (8) In those States that disenfranchise individuals post-sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals sometimes must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (9) State disenfranchisement laws disproportionately impact racial and ethnic minorities. In recent years, African Americans have been imprisoned at over 5 times the rate of Whites. More than 6 percent of the voting-age African-American population, or 1,800,000 African Americans, are disenfranchised due to a felony conviction. In 9 States—Alabama (16 percent), Arizona (13 percent), Florida (15 percent), Kentucky (15 percent), Mississippi (16 percent), South Dakota (14 percent), Tennessee (21 percent), Virginia (16 percent), and Wyoming (36 percent)—more than 1 in 8 African Americans are unable to vote because of a felony conviction, twice the national average for African Americans. (10) Latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. In recent years, Latinos have been imprisoned at 2.5 times the rate of Whites. More than 2 percent of the voting-age Latino population, or 560,000 Latinos, are disenfranchised due to a felony conviction. In 34 States Latinos are disenfranchised at a higher rate than the general population. In 11 States 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent, Wyoming, 4 percent), twice the national average for Latinos. (11) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (12) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. (13) The United States is one of the only Western democracies that permits the permanent denial of voting rights for individuals with felony convictions. 3. Rights of citizens The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. 4. Enforcement (a) Attorney general The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private right of action (1) In general A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Relief Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. 5. Notification of restoration of voting rights (a) State notification (1) Notification On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal notification (1) Notification Any individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with paragraph (2) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given— (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. 6. Definitions For purposes of this Act: (1) Correctional institution or facility The term correctional institution or facility (2) Election The term election (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office The term Federal office (4) Probation The term probation (A) the individual’s freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. 7. Relation to other laws (a) State laws relating to voting rights Nothing in this Act shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Certain Federal Acts The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 52 U.S.C. 20501 52 U.S.C. 20901 8. Federal prison funds No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that State, unit of local government, or person— (1) is in compliance with section 3; and (2) has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under section 3. 9. Effective date This Act shall apply to citizens of the United States voting in any election for Federal office held on or after the date of the enactment of this Act.
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Democracy Restoration Act of 2021
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American Workforce Act This bill establishes the American workforce program to provide subsidies to employers who enter contracts to provide on-the-job training to individuals with a high school diploma (or equivalent). The total subsidy per contract may not exceed $9,000.
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117 S4810 IS: American Workforce Act U.S. Senate 2022-09-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4810 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Cotton Committee on Finance A BILL To establish a program of workforce development as an alternative to college for all, and for other purposes. 1. Short title This Act may be cited as the American Workforce Act 2. Definitions In this Act: (1) American workforce contract The term American workforce contract (2) American workforce program The term American workforce program (A) structured on-the-job work, as specified by the American workforce contract involved; and (B) educational workforce training described in section 4(f), as specified by the American workforce contract. (3) Competency-based credential The term competency-based credential (A) is taken to demonstrate proficiency in knowledge and abilities essential to the industry or occupation; and (B) does not place restrictions on how, when, or where the test taker studied and acquired the knowledge and abilities. (4) Director The term Director (5) Employer The term employer 29 U.S.C. 203 (6) Prospective trainee The term prospective trainee (A) applies to an employer to enter into an American workforce contract; and (B) on the date of application, meets the requirements of paragraph (8)(A). (7) Secretary The term Secretary (8) Trainee The term trainee (A) on the date of application to an employer to enter into an American workforce contract— (i) is a United States citizen; (ii) has a high school diploma or its generally recognized equivalent; and (iii) has not earned a bachelor’s or higher degree, such as a master’s or doctoral degree; and (B) entered into an American workforce contract, which is still in effect, with the employer. (9) Workforce project The term workforce project 3. Establishment of American Workforce Division (a) Establishment There is established in the Economic Development Administration of the Department of Commerce an American Workforce Division that administers, subject to the availability of appropriations, the American workforce program established under section 4(a). (b) Director (1) In general The American Workforce Division shall be headed and administered, in accordance with the provisions of this Act, by a Director. The Director shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report directly to the Secretary and shall perform, in addition to any functions specified in law for or required to be delegated to such officer, such additional functions as the Secretary may prescribe. (2) Qualifications The Director shall have significant experience in the private sector. (3) Authority before confirmation Until the initial appointment of an individual to the position of Director, by and with the advice and consent of the Senate, and, thereafter, if the individual serving as the Director dies, resigns, or is otherwise unable to perform the functions and duties of the office of the Director, the Secretary of Commerce shall designate an officer or employee of the Department of Commerce to perform the functions and duties of the Director under this Act temporarily in an acting capacity. (c) Responsibilities of the Director The Director shall be responsible for each of the following: (1) Reviewing, and approving or disapproving, each proposed American workforce contract received by the Director not later than 1 month after the date of receipt of the proposed contract. (2) (A) Maintaining records of American workforce contracts and ensuring compliance with the contracts. (B) Publishing a standardized template for American workforce contracts, which template shall not exceed 3 pages, and shall be used by prospective trainees and employers to draft a proposed American workforce contract to submit to the Director for review and approval. (3) In accordance with subsection (d), receiving complaints, carrying out investigations, and taking disciplinary and correction action. (4) In accordance with subsection (e), making determinations and taking disciplinary and corrective action. (5) Coordinating activities with State governments and local governments to— (A) publicize the opportunity to receive workforce education subsidies for workforce projects, with employers in high-wage, high-demand industries and occupations; and (B) encourage employers to recruit students from secondary schools to participate in the workforce projects. (6) Developing and maintaining a comprehensive, publicly accessible, and user-friendly website to allow employers from each State to simply indicate their demand for workers in their industry or occupation, post it online, and accept applications for training from prospective trainees and ensures prospective trainees can easily search and compare options. (7) Preparing 5- and 10-year reports under section 6, and submitting the reports to Congress. (8) (A) Collecting, on an ongoing basis, up-to-date contact information, including an email, phone number, and mailing address, for each employer participating in a workforce project in the American workforce program. (B) Annually collecting the following information about the American workforce program: (i) The total number of new and continuing trainees training in each workforce project under an American workforce contract. (ii) The annual completion rate for trainees, calculated by comparing the number of trainees in a designated American workforce program cohort who successfully completed a workforce project with an employer and were hired as full-time regular employees by the same employer, with the number of trainees in that cohort who began participating in a workforce project. (iii) The annual rate of trainees who successfully completed a workforce project with an employer but were not hired as full-time regular employees by the same employer compared with the number of trainees who began participating in a workforce project. (iv) The median length of time for workforce project completion. (v) A survey conducted by the Director, based on a random sample and designed to generate statistically significant results, to estimate the post-American workforce program employment retention rate for former trainees, calculated 1 and 2 years after completion of a workforce project, broken down by— (I) former trainees who are employed by the employer with whom they completed their workforce project; (II) former trainees employed in the same industry or occupation as the industry or occupation in which they completed that workforce project, but by a different employer; and (III) former trainees who are employed, but in an industry or occupation that is not the industry or occupation described in subclause (II). (vi) The credentials attained by trainees through the American workforce program, broken down by type (such as competency-based credentials, certifications, and licenses) and the number of such credentials attained. (vii) The annualized average earnings of former trainees, calculated over a significant time period after completion of a workforce project. (viii) Median and mean workforce education subsidy provided per trainee. (ix) Basic demographic information, such as age, sex, and area of residence, on trainees. (d) Whistleblower complaints (1) Complaint A trainee (including an employee participating as a trainee) in a workforce project may file a complaint with the Director alleging that the employer involved is not complying with the terms of the American workforce contract involved. (2) Preliminary determination The Director shall begin an investigation into the complaint within 1 month after the date of receipt of the complaint. Not later than 90 days after the beginning of the investigation, if the Director determines that there is clear and convincing evidence that the complaint is valid, the Director shall make a preliminary determination on disciplinary or corrective action. (3) Notice and opportunity to respond If the Director makes a preliminary determination under paragraph (2) of noncompliance, the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (4) Disciplinary or corrective action Disciplinary or corrective action under this subsection may consist of— (A) issuing to the employer a warning or temporary suspension, of not more than 5 years, from participation in the American workforce program; and (B) assessing a civil penalty against the employer of not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (5) Appeal If the Director so determines that the appropriate disciplinary or corrective action includes a suspension, the employer shall have 90 days to appeal the validity or the disciplinary or corrective action to the Director, with mandatory review by the Secretary of Commerce. (6) Final determination After such mandatory review, the Director shall make a final determination on the validity and on the appropriate disciplinary or corrective action, contingent on approval from the Secretary of Commerce. (e) Noncompliance determinations (1) Accountability The Director— (A) may, in order to make a preliminary determination about whether there is clear and convincing evidence that employers participating in workforce projects are complying with the terms of the American workforce contracts involved and meeting the requirements of the American workforce program— (i) demand and review relevant materials from the employers; and (ii) conduct random, periodic compliance reviews of workforce projects; and (B) shall review information in public disclosure documents submitted under section 4(g), including reviewing completion rates provided under section 4(g)(2)(A) to make a preliminary determination about whether there is clear and convincing evidence that employers are participating in a workforce project with a completion rate below 25 percent over 4 years. (2) Notice and opportunity to respond If the Director makes a preliminary determination under paragraph (1) of noncompliance or participation in a workforce project described in paragraph (1)(B), the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (3) Warning or civil penalty (A) In general The Director may, at the discretion of the Director, issue a warning to or assess a civil penalty against an employer if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that— (i) the employer is participating in a workforce project described in paragraph (1)(B); or (ii) the employer is violating the terms of an American workforce contract or the requirements of the American workforce program. (B) Calculation of civil penalty A civil penalty assessed under subparagraph (A) shall be in an amount that is not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (4) Suspension The Director may, at the discretion of the Director, temporarily suspend an employer from the American workforce program for not more than 5 years if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that— (A) the employer is participating in a workforce project described in paragraph (1)(B); or (B) the employer is consistently or egregiously violating the terms of an American workforce contract or the requirements of the American workforce program. (f) Interference with proceedings or inquiries It shall be unlawful for any employer to discharge or in any other manner discriminate against any trainee because such trainee— (1) has filed any complaint under subsection (d); (2) has given, or is about to give, any information in connection with any inquiry or proceeding under this Act (including any inquiry or proceeding under subsection (d) or (e)); or (3) has testified, or is about to testify, in any such inquiry or proceeding under this Act. 4. American workforce program (a) In general The Director shall establish, subject to the availability of appropriations, an American workforce program, and carry out the program by supporting workforce projects with American workforce contracts, distributing workforce education subsidies and bonuses for hiring, and providing technical and administrative support. (b) Contracts (1) In general To be eligible to receive a workforce education subsidy, bonus for hiring, or technical support under this Act for a workforce project, an employer and prospective trainee shall prepare a proposed American workforce contract under this subsection, based on the standardized template created by the Director, and submit the proposed contract to the Director for approval. The page limitation placed on the Director’s template under subsection (c)(2)(B) shall not apply to the proposed American workforce contract prepared by the trainee and employer or the final American workforce contract. (2) Provisions The proposed contract between an individual who is a prospective trainee and the employer shall include each of the following: (A) Parties involved The name of the individual, the employer participating in the workforce project, and any third-party entity with whom the employer is partnering to provide the educational workforce training component of the project (referred to in this Act as a third-party training entity (B) Term The term, which shall not be shorter than 6 weeks, of the workforce project (including specifying total time to completion) and the amount of time the individual will spend in structured on-the-job work and in educational workforce training (including specifying hours per week, month, and year). (C) Work and training plan A detailed overview of the curriculum for the educational workforce training, a description of the structured on-the-job work, and a description of skills and competencies to be attained through the workforce project. (D) Written workforce agreement A proposed written workforce agreement for the individual that outlines each of the following: (i) The terms and conditions of the individual’s work and training. (ii) The wage or salary an individual will receive as a trainee and the estimated starting wage or salary, in accordance with the requirements of subsection (e), for each position, described in subsection (e), that the individual is receiving training for and being considered for. (iii) The technical and professional standards that will be met by the individual for successful completion of the workforce project. (iv) (I) Expected long-term and short-term outcomes for the individual, including qualifying positions of the type the individual is being trained for at the employer and third-party training entities (if applicable), and the estimated wage or salary range for the occupation the individual is being trained for. (II) The projected growth of the relevant industry or occupation, if information on that growth is available to the employer or obtainable with such technical assistance as the Director may provide. (v) The circumstances under which the individual's wage or salary will increase during the workforce project. (vi) A description of voluntary mentorship opportunities that may be available. (vii) A disclosure of the amount of the payment from a workforce education subsidy that the employer will receive per payment period from the Director and any costs or expenses that will be charged to the trainee or could reasonably be expected to be charged to the trainee. (viii) If 1 or more competency-based credentials exist for the relevant industry or occupation, a description of the top 1 to 3 such credentials that the individual might earn on successful completion of the workforce project. (ix) If no competency-based credential exists for the industry or occupation, a description of any other credential, such as a certification or license, that the individual might earn in the relevant industry or occupation due to experience in the workforce project. (3) Review of credentials (A) In general Not later than 1 month after receiving for review a proposed American workforce contract, the Director shall review the credentials specified in the contract under clause (viii) or (ix) of paragraph (2)(D) and may note any additional credentials the Director determines a trainee should consider earning. Any such credential noted by the Director shall be described in the contract. (B) Rules of construction Nothing in this section shall be construed to— (i) permit the Director to reject an entire proposed American workforce contract solely because of the Director’s view of a credential described in the proposed contract; or (ii) require a trainee to agree to earn a competency-based credential or another credential specified in the American workforce contract, as a condition of using funding provided through a workforce education subsidy under this section. (4) Review of contract (A) In general Not later than 1 month after receiving a proposed American workforce contract, the Director shall review, and approve or disapprove, the proposed contract (including conducting the review under paragraph (3) and determining whether the employer has provided the appropriate written disclosure document under subsection (g)). (B) Presumption of approval There shall be a presumption of approval for a proposed American workforce contract, in that such a contract that has not been disapproved by the Director shall be considered to be approved on the 32nd day after the date of that receipt. A proposed American workforce contract may only be disapproved for failing to meet the requirements of this Act. If such a proposed contract is disapproved, the Director shall describe the reason, with a citation to the requirement not met, and a recommendation for how the proposed contract shall be amended to comply with this Act. (5) Review of resubmission If an employer and individual submit a proposed contract under paragraph (1) that is not approved under paragraph (4), the employer and individual may resubmit the amended proposed contract for review as described in paragraph (4). For purposes of paragraph (4)(B), the reference to the date of receipt shall be considered to be the date of receipt of the resubmitted proposed contract. (6) Entry into contract Once a proposed contract has been approved under paragraph (4) or (5), the individual and employer involved may enter into the contract and initiate the workforce project. (7) Current employees A participating employer may enter into an American workforce contract with, and enroll into their workforce project, an employee who holds a position with the employer if the employer agrees to— (A) maintain employment for that employee at the employee's wage or salary on the date of enrollment, or a higher wage or salary; and (B) provide an increase to the employee's annual wage or salary, if the employee successfully completes the workforce project, that is equal to not less than 25 percent of the value of the educational workforce subsidy provided for the project. (c) Workforce education subsidies Not earlier than the date on which an individual and employer enter into an American workforce contract approved by the Director, the Director shall provide an education workforce subsidy to the employer operating the workforce project. Each of the following rules shall apply to the workforce education subsidy and the trainee involved and employer: (1) The workforce education subsidy may be used to subsidize the cost of educational workforce training (onsite or with an eligible third-party training entity), not the wage or salary of the trainee. (2) The employer shall pay, at regular intervals, the trainee a wage or salary at a rate that is not less than the higher of— (A) the rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) (B) the rate in effect under a State or local minimum wage law that applies to the State or locality in which the trainee is engaged in labor or service for the employer. (3) The employer shall provide a working environment for the trainee that meets all applicable Federal, State, and local safety laws and regulations. (4) Neither the Director or any other officer or employee of the executive branch of the Federal Government may make the workforce education subsidy contingent on any requirement not specified in this Act. (5) The employer shall not currently be suspended from participating in workforce projects subsection (d) or (e) of section 3. (6) Participation in the workforce project involved shall not make the employer subject to the jurisdiction of the Office of Federal Contract Compliance Programs of the Department of Labor as a Federal contractor, including not being subject to Executive Order 11246. (7) The employer shall comply with all applicable Federal, State, and local statutory laws pertaining to nondiscrimination in employment. (8) The workforce education subsidy may not be used for— (A) diversity, equity, and inclusion training, or culturally responsive training; or (B) any other training that may violate— (i) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. (ii) title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. (9) The workforce education subsidy may not be used for political spending, electioneering, or any other purpose that is not directly related to educational workforce training. (10) The Director shall make payments from the workforce education subsidy to the employer— (A) in even installments, following the end of each financial quarter in which the training and on-the-job work specified in the American workforce contract have been completed by the trainee; (B) in sums of not more than $1,500 per month; and (C) for a total amount of not more than $9,000, as determined on the basis of the American workforce contract. (11) A State government or locality may supplement the workforce education subsidy with additional funds, if the State government or locality does not make accepting such funds or any conditions attached to the funds a requirement of accepting Federal funding. (12) If the trainee chooses to leave a workforce project after the halfway point of the term of the workforce project, the trainee will be considered to have used the entirety of one of the workforce education subsidies through which the trainee is eligible to receive educational workforce training. (13) If the employer ceases operations, the trainee shall not be held at fault, meaning that the trainee may receive educational workforce training, funded with the full value of the workforce education subsidy, for a workforce project with a subsequent eligible employer, notwithstanding the time requirement of paragraph (15). (14) The maximum period of time for which an employer (including a subsequent employer described in paragraph (13)) may receive payments, provided through the workforce education subsidy for education workforce training of a trainee, shall be 3 years. (15) (A) In order for a trainee to enroll in a workforce project with a subsequent eligible employer through a second or third such subsidy, the trainee shall receive the related educational workforce training not less than 1 year after the conclusion of the trainee’s most recent training through a workforce education subsidy. (B) The time limit described in subparagraph (A) shall not apply to a trainee who— (i) completed a workforce project with, but was not hired by, an employer; and (ii) seeks to receive such training through a workforce project with the trainee's next employer. (16) The employer shall meet the applicable minimum ratios specified under section 5(d). (17) The employer shall use E-Verify for each trainee enrolled and individual hired or employed during the period for which the employer accepts funds through a subsidy provided under this Act, regardless of whether the trainee or individual participated in a workforce project. (18) The employer shall publish a public disclosure document, consistent with subsection (g). (d) Bonus for hiring (1) In general If an trainee, on completion of a workforce project, is hired as a full-time, regular employee of the employer participating in the workforce project, with a wage or salary described in subsection (e)(1), the employer shall receive a bonus of $1,000 (in addition to any payment received through a workforce education subsidy). The Director shall pay the bonus not sooner than the date that is 6 months after the trainee is so hired. (2) Rules Subject to paragraph (3), each of the rules described in paragraphs (5), (6), (8), (9), (11), (16), (17), and (18) shall apply to the bonus, and the trainee hired and employer, except that a reference in those paragraphs— (A) to a workforce educational subsidy shall be considered to be a reference to the bonus; and (B) to a trainee shall be considered to be a reference to the trainee hired. (3) Use of bonus An employer who receives a bonus under this subsection may use the bonus funds to supplement the wage or salary of the trainee hired. (e) Position for the trainee (1) Wages An employer participating in a workforce project shall be training each trainee and considering each trainee for a position that would have an annual wage or salary of not less than 80 percent of— (A) the annual median household income of the county in which the job involved is located (or an hourly wage based on that income and adjusted for a 2,080-hour annual work period), as determined by the 5-year estimates of the American Community Survey of the Bureau of the Census; or (B) if the county involved is not in a micropolitan or metropolitan area, the annual median household income for the nearest micropolitan or metropolitan area, as determined by the Bureau of the Census. (2) Remote work An employer providing remote work for a trainee or employee (in a position referred to in paragraph (1)) shall use the trainee's or employee's location when determining an applicable wage or salary under this Act. Such a trainee or employee engaging in remote work shall live in the United States and file Federal income taxes in the United States. (3) Work An employer participating in a workforce project shall provide structured on-the-job work for each trainee in a job that requires specialized knowledge and experience and involves the performance of complex tasks, to prepare the trainee for a position referred to in paragraph (1). (f) Educational workforce training In providing for educational workforce training through a workforce project to a trainee, an employer shall meet each of the following requirements: (1) Skills The employer shall ensure that the training is designed in a manner that enables trainees to obtain and demonstrate competency and obtain progressively advancing and portable skills that are necessary for the industry or occupation involved. (2) Partners The employer may partner with any of the following eligible third-party training entities, and may pay such a third-party training entity with funds from a workforce education subsidy, in order to provide the training for trainees in the workforce project: (A) A trade, industry, or employer group or association. (B) A corporation or other related organized entity. (C) An educational institution, such as an institution of higher education, including a community college, or a secondary school. (D) A State or local government agency or entity. (E) A nonprofit organization. (F) A union. (G) A joint labor-management organization. (H) A certification or accreditation body or entity for an industry or occupation. (I) A consortium or partnership of entities such as entities described in any of subparagraphs (A) through (H). (3) Credentials The employer shall ensure that, in conjunction with that training, the trainee shall be made aware of any widely used competency-based credentials in the employer’s industry or occupation. If a competency-based credential is described in the trainee’s American workforce contract, the employer shall not forbid the trainee, or provide a disincentive to discourage the trainee, from taking a related competency-based credential exam. (4) Definitions In this subsection: (A) Community college The term community college 20 U.S.C. 1001(a) (B) Institution of higher education The term institution of higher education 20 U.S.C. 1002 (g) Public disclosure document (1) In general The Director shall require each participating employer seeking approval for a proposed American workforce contract to provide a written disclosure document, about the employer’s workforce project, that includes each of the following statistics and information: (A) The total expected cost, if any, for a trainee during or at the completion of the workforce project, such as the cost of fees for a certification examination. (B) The expected wage or salary for the position of the employer that the workforce project is designed to train for. (C) The length of the workforce project. (D) The total expected number of hours of structured on-the-job work per week, and of hours of educational workforce training per week, for a trainee during the workforce project. (E) The total expected number of hours for which a trainee will be paid during the course of the workforce project. (F) The hourly wage or salary for a trainee during the course of the workforce project. (G) Information stating any certifications, licenses, or other credentials that trainees in the workforce project might earn on successful completion of the workforce project. (2) Additional public disclosure for established workforce projects Three years after an employer has completed a workforce project, the Director shall require the employer to include, in its written disclosure document, documentation that includes each of the following statistics: (A) The completion rate for trainees in a workforce project with the employer, calculated over the previous 3 years. (B) The percentage of trainees that completed a workforce project with, and were hired by, the employer participating in the project, calculated over the previous 2 years. (C) The average wage or salary of currently employed (as of the date of collection of the wage or salary information) trainees who completed a workforce project, during the last 3 years, presented in a way that does not reveal individually identifiable wage or salary information. (3) Availability The disclosure documents described in paragraphs (1) and (2) shall be made available to the general public by the Director. 5. General provisions (a) Workforce project after payment period Nothing in this Act shall be construed to require a workforce project to end after 3 years, the maximum period of time for which an employer may receive payments through a workforce education subsidy for a trainee, if the employer pays for the cost of the associated educational workforce training for the portion of the project after that maximum period. (b) Relationship to other projects Individuals who do not meet the criteria described in section 2(8)(A) may participate in projects, structured like workforce projects described in this Act, if the employer or an organization other than the Federal Government provides the necessary funding for wages or salaries, and educational workforce training. (c) Third-Party training entity The Secretary may not pressure, or provide an incentive or disincentive to, an employer to choose 1 eligible entity over another as a third-party training entity. The choice of a third-party training entity shall be made entirely by an employer. (d) Regulations on Ratios (1) Ratios Beginning 5 years after the date of enactment of this Act, the Secretary may issue regulations that specify 1 or more ratios, based on categories of jobs as defined by the Secretary, between the number of job openings for a prospective position, as a full-time regular employee, related to a workforce project, and the number of trainees in that project. (2) Objectives In issuing the regulations, the Secretary shall consider the following objectives: (A) Assuring that a trainee has a reasonable opportunity to be hired as a full-time, regular employee by the employer participating in the workforce project. (B) Ensuring that an employer’s hiring discretion is not limited in a manner that would incentivize an employer to lower standards for a position that is particularly difficult or dangerous. (e) Criteria The Secretary may establish criteria regarding technical matters and provide technical assistance for meeting the requirements of this Act. (f) Required regulations Regulations required under this Act shall be issued by the corresponding officer within 3 months after the date of enactment of this Act, except as otherwise specified. 6. Evaluation reports and sunset (a) 5-Year report Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report including each of the following information, analysis, and recommendations: (1) A comparison of the American workforce program to other major career and technical education or apprenticeship programs administered by the Federal Government, including the registered apprenticeship program carried out under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act 29 U.S.C. 50 et seq. 29 U.S.C. 3101 et seq. (A) the completion rate of participants in each program; (B) the average earnings of participants in each program, calculated during— (i) the related career and technical education, apprenticeship, workforce investment, or workforce project; and (ii) the period beginning 3 years and ending 5 years after the participants complete the related career and technical education, apprenticeship, workforce investment, or workforce project; (C) the percentages obtained by dividing— (i) the number of participants and rate of growth in participants for each program; by (ii) the number of individuals in the labor force and the rate of growth of the labor force, respectively; (D) the level of direct engagement by employers with, and satisfaction from employers in, each program; and (E) the diversity of the industries and occupations of the employers who utilize each program. (2) The overall completion rate for the American workforce program, the completion rate for workforce projects by industry and occupation, the number of trainees who dropped out of the program entirely, broken down by industry and occupation, and the number who left a workforce project for another workforce project. (3) The results of a survey, based on a random sample and designed to generate statistically significant results, of trainees who have participated in the program. (4) The results of a survey, based on a random sample and designed to generate statistically significant results, of employers who have participated in the program, including a breakdown by size of employer. (5) Data collected under section 3(c)(8)(B). (6) Information and technical criteria, other regulations, and guidance issued by the Secretary to administer the program. (7) Information on the rate of uptake by individuals and employers that are eligible to participate in the program, and recommendations for ways in which this rate of uptake could be improved. (8) Analysis on considerations for Congress about expanding the use of intermediary institutions, such as nonprofits, to better advertise the program. (9) (A) Analysis on considerations for Congress in expanding eligibility of the program for United States citizens who do not have a high school diploma or its generally recognized equivalent. (B) Analysis on considerations for Congress in encouraging trainees to obtain industry-recognized credentials that help to provide recognition of a portable skill. (C) Analysis on considerations for Congress on the effect and necessity of regulations described in section 5(d). (D) Recommendations for Congress on encouraging participation in workforce projects by small businesses. (10) Analysis on considerations for Congress about how to effectively engage high school students in a workforce project, including— (A) how coursework for a technical high school, or career and technical education in a high school, could qualify towards the completion of a workforce project; and (B) how time spent in structured on-the-job work or educational workforce training for a workforce project could count towards high school graduation. (11) Recommendations for improvement and reauthorization of the American workforce program by Congress. (b) 10-Year report Not later than 10 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report containing the information, analysis, and recommendations described in subsection (a). (c) Sunset The program authorized by section 4 and the position of the Director shall cease to exist on the earlier of— (1) the date on which the Director submits the report described in subsection (b) to Congress; or (2) the day that is 11 years after the date of enactment of this Act. 7. Excise tax on certain large private college and university endowments (a) In general Subchapter H of chapter 42 4969. Excise tax on certain large private college and university endowments (a) Tax imposed There is hereby imposed on each specified applicable educational institution for the taxable year a tax equal to 1 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. (b) Specified applicable educational institution For purposes of this subchapter, the term specified applicable educational institution (c) Other terms For purposes of this section— (1) Assets The rules of section 4968(d) shall apply. (2) Student The rules of section 4968(b)(2) shall apply. . (b) Clerical amendment The table of sections for subchapter H of chapter 42 Sec. 4969. Excise tax on certain large private college and university endowments. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
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American Workforce Act
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Fire Sale Loophole Closing Act This bill imposes restrictions on the transfer of business inventory firearms by a firearms importer, manufacturer, or dealer whose license is revoked or denied. An individual who violates the restrictions is subject to criminal penalties—a fine, prison term of up to one year (or five years if the violation was willful), or both.
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117 S4812 IS: Fire Sale Loophole Closing Act U.S. Senate 2022-09-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4812 IN THE SENATE OF THE UNITED STATES September 8, 2022 Mr. Booker Committee on the Judiciary A BILL To amend chapter 44 1. Short title This Act may be cited as the Fire Sale Loophole Closing Act 2. Restrictions on the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms (a) Restrictions Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) (A) It shall be unlawful for a person who has been notified by the Attorney General that the Attorney General has made a determination to revoke a license issued to the person under this chapter to import, manufacture, or deal in firearms, or to deny an application of the person to renew such a license, to— (i) transfer a business inventory firearm of the person— (I) into a personal collection of the person; or (II) to an employee of the person, or to an individual described in section 923(d)(1)(B) with respect to the person; or (ii) receive a firearm that was a business inventory firearm of the person as of the date the person received the notice. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is rescinded. (2) (A) It shall be unlawful for a person, on or after the effective date of the revocation of a license issued to the person under this chapter to import, manufacture, or deal in firearms, or (in the case that the application of the person to renew such a license is denied) on or after the date the license expires, to— (i) engage in conduct prohibited by paragraph (1); or (ii) transfer to any other person (except a person licensed under this chapter or a Federal, State, or local law enforcement agency) a firearm that was a business inventory firearm of the person as of the effective date or expiration date, as the case may be. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is rescinded. . (b) Business inventory defined Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) Business inventory firearm The term business inventory firearm . (c) Conforming amendment Section 923(c) of title 18, United States Code, is amended, in the second sentence, by inserting section 922(aa) and to subject only to (d) Penalties Section 924(a) of title 18, United States Code, is amended by adding at the end the following: (8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 1 year (or, if the violation was willful, 5 years), or both. . (e) Requirement that license revocation or application denial notice include text of law prohibiting dealing in firearms without a Federal firearms license and restricting transfer of firearms after receipt of official license revocation or renewal application denial notice Section 923(f)(1) of title 18, United States Code, is amended, in the last sentence, by inserting , and shall set forth the provisions of Federal law (including regulations) that prohibit a person not licensed under this chapter from engaging in the business of dealing in firearms or are relevant in determining whether a person is doing so, and the provisions of section 922(aa)
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Fire Sale Loophole Closing Act
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Paperwork Reduction for Farmers and H-2A Modernization Act This bill expands the H-2A (temporary agricultural worker) visa program to cover additional types of labor, makes various changes to the program, and provides a safe harbor for errors in nonimmigrant worker visa applications in certain instances. The bill makes H-2A visas available to an alien providing temporary labor that falls within the federal government classification categories for (1) grounds maintenance workers; (2) farming, fishing, and forestry occupations; or (3) forest, conservation, and logging workers. The bill authorizes joint employers to file a joint petition for an H-2A alien. The bill allows (1) employers seeking to rehire an H-2A worker to submit a simplified petition, and (2) employers seeking to hire H-2A workers for different time periods during a fiscal year to submit a single petition for such workers. The Department of Labor shall establish an electronic filing and appeals system for H-2A petitions. U.S. Citizenship and Immigration Services (USCIS) shall communicate electronically with an H-2A employer when USCIS requests evidence from the employer, if the employer asks to do so. An employer who uses a third-party service to apply for a nonimmigrant worker visa shall not be civilly or criminally liable for errors in the application if the employer reasonably believed that the application was accurate and complied with statutory requirements.
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116 S1887 IS: Paperwork Reduction for Farmers and H–2A Modernization Act U.S. Senate 2019-06-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 116th CONGRESS 1st Session S. 1887 IN THE SENATE OF THE UNITED STATES June 18, 2019 Mr. Paul Committee on the Judiciary A BILL To streamline the application process for H–2A employers, and for other purposes. 1. Short title This Act may be cited as the Paperwork Reduction for Farmers and H–2A Modernization Act 2. H–2A program updates (a) In general Section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) (1) by striking an alien (i)(b) subject to (i) (b) subject to ; (2) by striking or (ii)(a) seasonal nature, (ii) (a) who has a residence in a foreign country that the alien has no intention of abandoning and is coming temporarily to the United States to perform agricultural labor or services (as defined by the Secretary of Labor, by regulation), of a temporary or seasonal nature, including agricultural labor (as defined in section 3121(g) of the Internal Revenue Act of 1986), agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) ; and (3) by striking (iii) having a residence in a foreign country which he has no intention of abandoning who (iii) who has a residence in a foreign country that the alien has no intention of abandoning and . (b) Joint application; deficiency remedy Section 214(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(1) (1) by inserting (A) (1) (2) by adding at the end the following: (B) Multiple employers may submit a joint petition under subparagraph (A) to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a). Upon the approval of such petition, each joint employer shall be subject to the provisions under section 218 with respect to each alien listed in such petition. If any individual party to such a joint contract violates any condition for approval with respect to the application or provisions under section 218 with respect to each alien listed in such petition, after notice and opportunity for a hearing, the contract may be modified to remove the party in violation from the contract at no penalty to the remaining parties. (C) If a petition to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a) is denied or if the issuance of visas requested through such petition is delayed due to a problem with the petition, the Director of U.S. Citizenship and Immigration Services shall promptly notify the petitioner of the reasons for such denial or delay and provide the petitioner with reasonable time to remedy the problem. . (c) Labor certification; staggered employment dates Section 218(h) of the Immigration and Nationality Act ( 8 U.S.C. 1188(h) (4) An employer that is seeking to rehire aliens as H–2A workers who previously worked for the employer as H–2A workers may submit a simplified petition, to be developed by the Director of U.S. Citizenship and Immigration Services, in consultation with the Secretary of Labor, which shall include a certification that the employer maintains compliance with all applicable requirements with respect to the employment of such aliens. Such petitions shall be approved upon completion of applicable security screenings. (5) An employer that is seeking to hire aliens as H–2A workers during different time periods in a given fiscal year may submit a single petition to U.S. Citizenship and Immigration Services that details the time period during which each such alien is expected to be employed. (6) Upon receiving notification from an employer that the employer’s H–2A worker has prematurely abandoned employment or has failed to appear for employment and such employer wishes to replace such worker— (A) the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker; and (B) the Secretary of Homeland Security shall promptly admit such alien into the United States upon completion of applicable security screenings. . 3. Electronic filing and appeals system for H–2A petitions (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall establish a process for filing petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) (1) petitioners may file such petitions through the Department of Labor’s website; (2) any software developed to process such petitions indicates to the petitioner any technical deficiency in the application before submission; and (3) any petitioner may file such petition in a paper format if such petitioner prefers such format. (b) Request for evidence Section 218(h) of the Immigration and Nationality Act ( 8 U.S.C. 1188(h) (3) If U.S. Citizenship and Immigration Services issues a Request for Evidence to an employer— (A) the employer may request such Request for Evidence to be delivered in an online format; and (B) if the employer makes the request described in subparagraph (A)— (i) the Request for Evidence shall be provided to the employer in an online format; and (ii) not later than 10 business days after the employer submits the requested evidence online, U.S. Citizenship and Immigration Services shall provide an online response to the employer— (I) indicating that the submitted evidence is sufficient; or (II) explaining the reasons that such evidence is not sufficient and providing the employer with an opportunity to address any such deficiency. . 4. Safe harbor from penalties for document fraud Section 274C of the Immigration and Nationality Act ( 8 U.S.C. 1324c (1) by redesignating subsection (c) as subsection (g) and moving such subsection so that it appears immediately following subsection (f); and (2) by inserting after subsection (b) the following: (c) Safe harbor Any employer who uses a third-party preparer to file an application for nonimmigrant visas for workers the employer intends to hire shall not be subject to civil or criminal penalties under this section for errors or omissions on such application if the employer reasonably believed that the application was accurate and in compliance with all applicable statutory requirements. .
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Paperwork Reduction for Farmers and H–2A Modernization Act
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Access for Veterans to Records Act of 2022 This bill directs the Office of the Archivist of the United States to submit to Congress a comprehensive plan for eliminating the backlog of requests for records from, and improving the efficiency and responsiveness of operations at, the National Personnel Records Center. Such plan must include the number and percentage of unresolved veteran record requests that have been pending for more than 20 days, 90 days, and one year; target time frames to eliminate the backlog; a detailed plan for using existing funds to improve technology infrastructure, including secure access to appropriate agency federal records, to prevent future backlogs; actions to improve customer service for requesters; measurable goals with respect to the comprehensive plan and metrics for tracking progress toward such goals; and strategies to prevent future record request backlogs, including backlogs caused by an event that prevents employees of the center from reporting to work in person. The office must submit updates of such plan at specified intervals.
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117 S4816 IS: Access for Veterans to Records Act of 2022 U.S. Senate 2022-09-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4816 IN THE SENATE OF THE UNITED STATES September 12, 2022 Mr. Ossoff Mr. Rounds Mrs. Shaheen Mr. Braun Committee on Homeland Security and Governmental Affairs A BILL To require the Archivist of the United States to submit to Congress a comprehensive plan for reducing the backlog of requests for records from the National Personnel Records Center, and for other purposes. 1. Short title This Act may be cited as the Access for Veterans to Records Act of 2022 2. Plan to eliminate records backlog at the National Personnel Records Center (a) Plan required Not later than 60 days after the date of the enactment of this Act, the Archivist of the United States shall submit to the appropriate congressional committees a comprehensive plan to eliminate the backlog of requests for records from the National Personnel Records Center and to improve the efficiency and responsiveness of operations at the National Personnel Records Center, that includes, at a minimum, the following: (1) The number and percentage of unresolved veteran record requests that have been pending for more than— (A) 20 days; (B) 90 days; and (C) one year. (2) Target timeframes to eliminate the backlog. (3) A detailed plan for using existing funds to improve information technology infrastructure, including secure access to appropriate agency Federal records, to prevent future backlogs. (4) Actions to improve customer service for requesters. (5) Measurable goals with respect to the comprehensive plan and metrics for tracking progress toward such goals. (6) Strategies to prevent future record request backlogs, including backlogs caused by an event that prevents employees of the Center from reporting to work in person. (b) Updates Not later than 90 days after the date on which the comprehensive plan is submitted under subsection (a), and semiannually thereafter until the National Personnel Records Center resolves 90 percent of all requests for separation documents (other than documents subject to fees or involving records damaged or lost in the 1973 fire) in 20 days or less, the Archivist of the United States shall submit to the appropriate congressional committees an update of such plan that— (1) describes progress made by the National Personnel Records Center during the preceding 180-day period with respect to record request backlog reduction and efficiency and responsiveness improvement; (2) provides data on progress made toward the goals identified in the comprehensive plan; and (3) describes any changes made to the comprehensive plan. (c) Consultation requirement In carrying out subsections (a) and (b), the Archivist of the United States shall consult with the Secretary of Veterans Affairs. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Homeland Security and Governmental Affairs and the Committee on Veterans’ Affairs of the Senate; and (2) the Committee on Oversight and Reform and the Committee on Veterans’ Affairs of the House of Representatives. 3. Additional funding In addition to amounts otherwise available, there is authorized to be appropriated to the National Archives and Records Administration, $20,000,000 to address backlogs in responding to requests from veterans for military personnel records. 4. Additional staffing Not later than 30 days after the date of the enactment of this Act, the Archivist of the United States shall ensure that the National Personnel Records Center maintains staffing levels that enable the maximum processing of records requests possible in order to achieve the performance goal of responding to 90 percent of all requests for separation documents (other than documents subject to fees or involving records damaged or lost in the 1973 fire) serviced in 20 days or less. 5. Additional reporting The Inspector General for the National Archives and Records Administration shall, for two years following the date of the enactment of this Act, include in every semiannual report submitted to Congress pursuant to the Inspector General Act of 1978, a detailed summary of— (1) efforts taken by the National Archives and Records Administration to address the backlog of records requests at the National Personnel Records Center; and (2) any recommendations for action proposed by the Inspector General related to reducing the backlog of records requests at the National Personnel Records Center and the status of compliance with those recommendations by the National Archives and Records Administration.
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Access for Veterans to Records Act of 2022
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Lead by Example Act of 2022 This bill requires the Department of Energy and the Environmental Protection Agency to set all thermostats in their respective headquarters to at least 78 degrees Fahrenheit when air conditioning is being used.
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117 S4819 IS: Lead by Example Act of 2022 U.S. Senate 2022-09-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4819 IN THE SENATE OF THE UNITED STATES September 12, 2022 Ms. Ernst Committee on Environment and Public Works A BILL To establish a minimum temperature for thermostats at the headquarters of the Department of Energy and the Environmental Protection Agency, and for other purposes. 1. Short title This Act may be cited as the Lead by Example Act of 2022 2. Thermostats at DOE and EPA headquarters (a) In general The Secretary of Energy and the Administrator of the Environmental Protection Agency shall set all thermostats in the 1 or more buildings comprising the headquarters of the Department of Energy and the Environmental Protection Agency, respectively, to not lower than 78 degrees Fahrenheit when the air conditioning system is in operation. (b) Reports Not later than 90 days after the date of enactment of this Act, the Secretary of Energy and the Administrator of the Environmental Protection Agency shall each submit to Congress a report describing the temperature at which thermostats have been set in the 1 or more buildings comprising the headquarters of the Department of Energy and the Environmental Protection Agency, respectively, during the period beginning on January 20, 2021, and ending on the date of enactment of this Act.
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Lead by Example Act of 2022
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Taxpayer Research and Coronavirus Knowledge Act of 2021 This bill requires the Department of Health and Human Services (HHS) to coordinate with specified federal entities to compile a public database of federal contracts, tax benefits, and other support for COVID-19 (i.e., coronavirus disease 2019) biomedical research and development. HHS must develop the database within one month and update it every two weeks.
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117 S482 IS: Taxpayer Research and Coronavirus Knowledge Act of 2021 U.S. Senate 2021-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 482 IN THE SENATE OF THE UNITED STATES February 25, 2021 Mr. Merkley Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services and other Federal officials to compile into a searchable database information relating to Federal support for biomedical research and development related to COVID–19, and for other purposes. 1. Short title This Act may be cited as the Taxpayer Research and Coronavirus Knowledge Act of 2021 2. Database (a) In general The Secretary of Health and Human Services, in coordination with the Director of the National Institutes of Health, the Assistant Secretary for Preparedness and Response, the Director of the Biomedical Advanced Research and Development Authority, the Secretary of Defense, the Secretary of Veterans Affairs, the Director of the National Institute of Allergy and Infectious Diseases, and such other Federal officials as the Secretary of Health and Human Services determines to be appropriate, shall— (1) compile into a searchable database information relating to Federal support (before or after the date of enactment of this Act) for biomedical research and development related to COVID–19 (including biomedical research and development relating to a product or therapy that was later modified or repurposed to be used for COVID–19); and (2) make such database available on the public website of the Department of Health and Human Services. (b) Covered information The information relating to Federal support described in subsection (a)(1) shall include all contracts, funding agreements, licensing arrangements, other transactions, and other arrangements entered into by, or on behalf of, the Federal Government and tax benefits provided with respect to research and development, and manufacturing, of a drug (including a biological product), cell or gene therapy, or medical device intended to be manufactured, used, designed, developed, modified, repurposed, licensed, or procured to diagnose, mitigate, prevent, treat, or cure COVID–19, including the following: (1) Licensing agreements pursuant to section 207 or 209 of title 35, United States Code. (2) Cooperative research and development agreements and licensing agreements pursuant to section 3710a of title 15, United States Code. (3) Funding agreements, as defined under section 201 of title 35, United States Code. (4) Transactions, contracts, grants, cooperative agreements, other agreements, and other arrangements entered into pursuant to the following statutes: (A) The Public Health Service Act ( 42 U.S.C. 201 42 U.S.C. 241 (B) Section 105 of the National Institutes of Health Reform Act of 2006 ( 42 U.S.C. 284n (C) Chapter 139 (5) Grants, contracts, and other transactions pursuant to section 2371, 2371a, or 2371b of title 10, United States Code. (6) Procurement contracts and other agreements pursuant to section 2373 of title 10, United States Code. (c) Information required Notwithstanding any other provision of law, the Federal officials described in subsection (a) shall include in the database under subsection (a), with regard to each contract, funding agreement, licensing agreement, other transaction, other arrangement, or tax benefit described in subsection (b), at least the following information: (1) The agency, program, institute, or other Federal Government entity providing the Federal grant, cooperative agreement, or other support. (2) The amount and period of Federal financial support with an itemized breakdown. (3) Other Federal nonfinancial support, including the use of Federal personnel, Federal facilities, and Federal equipment. (4) The grant number, if applicable. (5) Associated clinical trial data, upon trial completion. (6) Associated patents and patent applications, specifying— (A) any Federal ownership in such patents and patent applications; (B) the expiration date of such patents and filing dates of such patent applications; and (C) the numbers of such patents and patent applications. (7) Associated periods of marketing exclusivity under Federal law and the durations of such periods. (8) The corporation, nonprofit organization, academic institution, person, or other entity receiving the Federal support. (9) Any products (including repurposed products) approved, authorized, or cleared for marketing, or for which marketing approval, authorization, or clearance is being sought, the development of which was aided by Federal support, including— (A) the names of such products; (B) the prices of such products; and (C) the current and anticipated manufacturing capacity to produce such products. (10) The full terms of the contract, funding agreement, licensing agreement, other transaction, or other arrangement described in subsection (b). (d) Format of information The database under subsection (a) shall be— (1) searchable and filterable according to the categories of information described in subsection (c); and (2) presented in a user-friendly format. (e) Timing The database under subsection (a) shall be— (1) made publicly available not later than 1 month of the date of enactment of this Act; and (2) updated not less than every 2 weeks. (f) Disclosure (1) In general Notwithstanding any other provision of law, to the extent necessary for an official described in subsection (a) to carry out this section, such official may require entities receiving Federal support described in subsection (a)(1) to disclose to the official any information relating to such Federal support and required to be included in the database under subsection (a). (2) Intermediary cooperation Any arrangement entered into by the Federal Government with an entity providing for such entity to enter into contracts, licensing agreements, grants, other transactions, or other arrangements with third parties on behalf of the Federal Government shall require such entity to disclose in a timely manner any information necessary for the Federal Government to fulfill its duties under this Act. With respect to any such arrangement in place as of the date of enactment of this Act, an official described in subsection (a) may require the entity to disclose to the official any information required to be included in the database under subsection (a). (3) Penalty for nondisclosure If an entity that is required to disclose information pursuant to paragraph (1) or (2) fails to disclose such information by the date that is 2 weeks after the date on which the official requests such information, or by such reasonable deadline as the official may specify, whichever is sooner, then such entity shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such failure continues.
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Taxpayer Research and Coronavirus Knowledge Act of 2021
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Protecting Communications Networks from Chinese Communist Party Espionage Act This bill requires the Federal Communications Commission to auction licenses for a specified portion of the electromagnetic spectrum for nonfederal use, shared federal and nonfederal use, or a combination of those uses, with proceeds going towards the Secure and Trusted Communications Networks Reimbursement Program (a program that reimburses certain communications providers for replacing equipment deemed to be a threat to national security).
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117 S4820 IS: Protecting Communications Networks from Chinese Communist Party Espionage Act U.S. Senate 2022-09-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4820 IN THE SENATE OF THE UNITED STATES September 12, 2022 Mr. Lee Mrs. Blackburn Committee on Commerce, Science, and Transportation A BILL To auction spectrum and to authorize the Federal Communications Commission to borrow funds from the Treasury, to be repaid out of auction proceeds, to ensure rural communications providers have the resources to replace communications equipment and services to protect their networks from Chinese Communist Party espionage. 1. Short title This Act may be cited as the Protecting Communications Networks from Chinese Communist Party Espionage Act 2. Spectrum auction (a) Identification Not later than 21 months after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and the Federal Communications Commission (referred to in this section as the Commission 47 U.S.C. 921 Public Law 117–58 (b) Reallocation of spectrum through auction (1) In general Not later than 7 years after the date of enactment of this Act, the Commission shall— (A) notwithstanding paragraph (11) or (15)(A) of section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) (B) promulgate rules for the use of spectrum reallocated under subparagraph (A). (2) Auction proceeds to cover 110 percent of Federal relocation or sharing costs Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(16)(B) (3) Extension of auction authority Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act section 2(a) of the Protecting Communications Networks from Chinese Communist Party Espionage Act (c) Use of auction proceeds Notwithstanding subparagraphs (A), (C)(i), and (D) of section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) covered proceeds (1) Such amount of the covered proceeds as is necessary to cover 110 percent of the relocation or sharing costs of Federal entities relocated from or sharing the frequencies identified under subsection (a) shall be deposited in the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 (2) After the amount required to be deposited by paragraph (1) of this subsection is so deposited, the Commission shall use such amounts as are necessary to reimburse the general fund of the Treasury for any amounts borrowed under section (d) of this section. (3) After compliance with paragraphs (1) and (2) of this subsection, the Commission shall deposit all remaining amounts in the general fund of the Treasury for the sole purpose of deficit reduction. (d) FCC borrowing authority The Commission may borrow from the Treasury of the United States an amount not to exceed $3,700,000,000 to carry out the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 et seq. 47 U.S.C. 1603(k) (e) Relation to spectrum auction under Infrastructure Investment and Jobs Act Paragraphs (2), (3), and (4) of section 90008(b) of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 921 Public Law 117–58
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Protecting Communications Networks from Chinese Communist Party Espionage Act
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Guaranteeing Overtime for Truckers Act This bill requires employers of commercial truck drivers to provide overtime pay to such drivers engaged in a workweek longer than 40 hours.
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117 S4823 IS: Guaranteeing Overtime for Truckers Act U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4823 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Padilla Mr. Markey Mr. Sanders Ms. Warren Mr. Blumenthal Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to remove the overtime wages exemption for certain employees, and for other purposes. 1. Short title This Act may be cited as the Guaranteeing Overtime for Truckers Act 2. Amendment to the Fair Labor Standards Act of 1938 Section 13(b)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(b)(1)
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Guaranteeing Overtime for Truckers Act
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Safe Passage on Interstates Act This bill establishes new federal criminal offenses for conduct involving the obstruction of interstate highways.
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117 S4825 IS: Safe Passage on Interstates Act U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4825 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Rubio Mr. Cramer Committee on the Judiciary A BILL To criminalize the intentional obstruction of roadways on the Interstate System. 1. Short title This Act may be cited as the Safe Passage on Interstates Act 2. Obstruction of interstate highways (a) In general Chapter 65 1370. Obstruction of interstate highways (a) Definition In this section, the term interstate highway (b) Offense (1) In general It shall be unlawful to knowingly engage in an activity described in paragraph (2) on an interstate highway with the intent to obstruct the free, convenient, and normal use of the interstate highway. (2) Activities described The activities described in this paragraph are— (A) deliberately delaying traffic on an interstate highway; (B) standing or approaching a motor vehicle on an interstate highway; or (C) endangering the safe movement of a motor vehicle on an interstate highway. (3) Exception Paragraph (1) shall not apply to any lawful activity conducted or authorized by the United States, a State, or a political subdivision of a State. (c) Penalties (1) In general Any person who violates subsection (b) shall be fined not more than $10,000, imprisoned for not more than 15 years, or both. (2) Obstruction of emergency vehicle Any person who, in the course of violating subsection (b), knowingly obstructs the passage of an authorized emergency vehicle (as defined in section 1001.4 of title 36, Code of Federal Regulations, or any successor regulation) shall be fined not more than $15,000, imprisoned for not more than 20 years, or both. (3) Violation resulting in death Any person who commits a violation of subsection (b) that results in the death of any other person shall be fined not more than the applicable amount under paragraph (1) or (2) of this subsection, imprisoned for any term of years or for life, or both. . (b) Technical and conforming amendment The table of sections for chapter 65 1370. Obstruction of interstate highways. .
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Safe Passage on Interstates Act
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Community Wildfire Protection Act of 2022 This bill modifies the definition of at-risk community with respect to the hazardous fuel reduction program to eliminate the requirement that such a community be an interface community as defined in the notice titled Wildland Urban Interface Communities Within the Vicinity of Federal Lands That Are at High Risk From Wildfire or be within or adjacent to federal land.
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117 S4826 IS: Community Wildfire Protection Act of 2022 U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4826 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mrs. Feinstein Mr. Daines Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Healthy Forests Restoration Act of 2003 to modify the definition of the term at-risk community 1. Short title This Act may be cited as the Community Wildfire Protection Act of 2022 2. Definition of at-risk community Section 101(1) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511(1) (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.
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Community Wildfire Protection Act of 2022
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Governmentwide Executive Councils Administration and Performance Improvement Act This bill addresses issues involving governmentwide executive councils. Specifically, the bill provides statutory authority for the Office of Executive Councils (OEC), which resides within the General Services Administration (GSA) and assists governmentwide policymaking entities including the Chief Acquisition Officers Council, the Chief Human Capital Officers Council, and the Performance Improvement Council. The OEC shall terminate six years after enactment. Each council must (1) provide legislative, policy, project funding, or shared services recommendations to the Office of Management and Budget (OMB) and the GSA related to the specific area of expertise of the council; and (2) serve as a primary advisory body to the OMB on the development and execution of the federal government performance plan and federal government priority goals. Each council must publish a strategic plan, which shall be updated and affirmed at least every two years. The Chair of the Chief Data Officer Council shall be the Administrator of the Office of Electronic Government. The GSA shall provide administrative and other support for various councils.
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107 S4828 IS: Governmentwide Executive Councils Administration and Performance Improvement Act U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4828 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Peters Mr. Braun Committee on Homeland Security and Governmental Affairs A BILL To provide consistent leadership, purpose, and administrative support for the primary governmentwide executive councils, and for other purposes. 1. Short title This Act may be cited as the Governmentwide Executive Councils Administration and Performance Improvement Act 2. Definitions In this Act: (1) Administrator The term Administrator (2) Associate Administrator The term Associate Administrator (3) Director The term Director (4) Governmentwide executive council The term governmentwide executive council (A) the Chief Acquisition Officers Council, established pursuant to Section 1311 of title 41, United States Code; (B) the Chief Data Officer Council, established pursuant to Section 3520A of title 44, United States Code; (C) the Chief Financial Officers Council, established pursuant to Section 302 of the Chief Financial Officers Act of 1990 ( 31 U.S.C. 901 Public Law 101–576 (D) the Chief Human Capital Officers Council, established pursuant to Section 1303 of the Homeland Security Act of 2002 ( 5 U.S.C. 1401 Public Law 107–296 (E) the Chief Information Officers Council, established pursuant to Section 3603 of title 44, United States Code; (F) the Performance Improvement Council, established pursuant to Section 1124(b) of title 31, United States Code; and (G) any other council designated as a governmentwide executive council, pursuant to the requirements of section 6 of this Act. 3. Responsibilities of governmentwide executive councils (a) In general In addition to any authority provided to a governmentwide executive council elsewhere in law, each governmentwide executive council shall— (1) maintain a publicly accessible website that includes information relating to the mission, purpose, priorities, and membership of the governmentwide executive council; (2) develop and publish on the website described in paragraph (1) a charter outlining the roles of members, responsibilities, procedures, and other relevant information concerning the governmentwide executive council; (3) provide legislative, policy, project funding, or shared services recommendations to the Director and the Administrator related to the specific area of expertise of the governmentwide executive council; and (4) serve as a primary advisory body to the Director on the development and execution of— (A) the Federal Government performance plan under section 1115(a) of title 31, United States Code; and (B) the Federal Government priority goals under section 1120(a) of title 31, United States Code. (b) Strategic plan (1) In general Not more than 90 days after the date of enactment of this Act, each governmentwide executive council, after receiving input and recommendations from all members, shall publish a strategic plan for the governmentwide executive council that identifies the goals, priorities, and expectations of the governmentwide executive council. (2) Updates The leadership of each governmentwide executive council shall update and affirm the strategic plan required under paragraph (1) not less frequently than once every 2 years. (3) Submission to Congress Each governmentwide executive council shall promptly submit the strategic plan published under paragraph (1), or updated under paragraph (2), to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Oversight and Reform of the House of Representatives 4. Harmonizing administrative support for governmentwide executive councils (a) Office of Executive Councils There is established in the General Services Administration the Office of Executive Councils. (b) Duties The Office of Executive Councils shall— (1) in consultation with the Director, provide administrative, project management, and other support to the governmentwide executive councils; (2) detail employees to 1 or more governmentwide executive council, as needed, to support the operations and functions of each governmentwide executive council; (3) collect and transfer funds to support the priorities of the governmentwide executive councils, as provided in appropriations acts; and (4) subject to approval of the leadership of a governmentwide executive council, submit any reports, provide any information, or respond to any requests required by Congress. (c) Functional Independence The Office of Executive Councils shall by headed by an Associate Administrator who shall— (1) be appointed by the President; (2) report to the Director; (3) carry out additional duties and functions the Director, in consultation with the Administrator, requests; and (4) represent the collective viewpoints and priorities of the governmentwide executive councils and their membership. (d) Prohibition The Office of Executive Councils may not provide any administrative or project management services to an entity unless the entity is designated by the Director and affirmed by Congress pursuant to section 6. 5. Harmonizing governmentwide executive council leadership roles (a) Title 41 Section 1311 of title 41, United States Code, is amended— (1) in subsection (b)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4); and (2) in subsection (c)— (A) in paragraph (1), by striking Deputy Director for Management of the Office of Management and Budget Administrator (B) by striking paragraph (3); and (C) by redesignating paragraph (4) as paragraph (3). (b) Title 44 Title 44, United States Code, is amended— (1) in section 3520A— (A) in subsection (a), by striking Office of Management and Budget executive branch (B) in subsection (c) by striking paragraphs (2) and (3) and inserting the following: (2) Chair The Chair of the Council shall be the Administrator of the Office of Electronic Government. (3) Vice chair The Council shall select from among its members a Vice Chair of the Council. ; (C) by redesignating subsections (d) and (e) as subsections (e) and (f); and (D) by inserting before subsection (e), as so redesignated, the following: (d) Support The Administrator of General Services shall provide administrative and other support for the Council. ; and (2) in section 3603— (A) in subsection (b)— (i) by striking paragraphs (1) and (3); (ii) by redesignating paragraphs (2) and (4) through (7) as paragraphs (1) through (5), respectively; and (iii) in paragraph (1), as so redesignated, by inserting before the period , who shall serve as Chair of the Council (B) in subsection (c)(1), by striking on behalf of the Deputy Director for Management (c) Chief Financial Officers Act of 1990 Section 302 of the Chief Financial Officers Act of 1990 ( 31 U.S.C. 901 (1) in subsection (a)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) in paragraph (1), as so redesignated, by inserting , who shall serve as chair of the council Management and Budget (D) in paragraph (2), as so redesignated, by inserting , who shall serve as vice chair of the council Secretary of Treasury (2) by adding at the end the following: (c) Support The Administrator of General Services shall provide administrative and other support for the council. . (d) Homeland Security Act of 2002 Section 1303 of the Homeland Security Act of 2002 ( 5 U.S.C. 1401 (e) Support The Administrator of General Services shall provide administrative and other support for the Council. . (e) Title 31 Section 1124(b) of title 31, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) Establishment There is established in the executive branch a Performance Improvement Council. ; (2) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5); and (3) by inserting after paragraph (1) the following: (2) Membership The Performance Improvement Council shall consist of— (A) a designee of the Director of the Office of Management and Budget; (B) the Performance Improvement Officer from each agency defined in section 901(b) of this title; (C) other Performance Improvement Officers as determined appropriate by the chairperson; and (D) other individuals as determined appropriate by the chairperson. . (3) Chairperson and vice chairperson (A) Chairperson The chairperson of the Performance Improvement Council shall be a designee of the Deputy Director of Management of the Office of Management and Budget. (B) Vice chairperson The Performance Improvement Council shall select from among its members a Performance Improvement Officer to serve as vice chairperson. . 6. Authorities of the Director (a) Designation Subject to the requirements in subsection (b), the Director may designate 1 or more other councils to be a governmentwide executive council. (b) Submission to Congress; Review (1) Justification for designation If the Director makes the determination to designate 1 or more councils to be a governmentwide executive council, the Director shall— (A) provide a justification for the designation to the Committees on Homeland Security and Governmental Affairs and Appropriations of the Senate and the Committees on Oversight and Reform and Appropriations of the House of Representatives; and (B) include in the justification required under subparagraph (A)— (i) the name of the council; (ii) the names of the chair and vice chair of the council; (iii) the agencies that will be members of the council; (iv) the expected goals, functions, and priorities of the council; (v) the expected annual costs to support the functions of the council; and (vi) any other information the Director determines to be necessary regarding the designation of the council to be a governmentwide executive council. (2) Approval Any designation by the Director shall be deemed approved unless, not later than 30 days after the date on which each chair and ranking member of the committees described under paragraph (1)(A) receive the justification, the chair and ranking member of 1 or more of the Committees provided the justification under paragraph (1)(A) jointly notify the Director of their disapproval for the designation. (c) Requirements If the designation of a new governmentwide executive council is approved pursuant to subsections (a) and (b), that governmentwide executive council shall be subject to the requirements under section 3. 7. Technical Amendments (a) Title 31 Section 503 of title 31, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (12); and (B) by redesignating paragraphs (13) and (14) as paragraphs (12) and (13); and (2) in subsection (b)— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9). (b) Title 44 Section 3602(f) of title 44, United States Code, is amended— (1) by striking paragraph (7); and (2) by redesignating paragraphs (8) through (17) as paragraphs (7) through (16).
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Governmentwide Executive Councils Administration and Performance Improvement Act
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PFAS Intergovernmental Coordination Act This bill directs the Office of Management and Budget (OMB) to establish a working group to address contamination by perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing. Specifically, the working group shall facilitate more effective cooperation, coordination, and mutual accountability among the federal government and state, local, and tribal governments on a holistic response to PFAS contamination in communities across the United States. The working group shall terminate two years after its establishment. The OMB must report to Congress, describing any guidelines created in performing its duties and making a recommendation with respect to extending the working group's authorization.
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117 S4829 IS: PFAS Intergovernmental Coordination Act U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4829 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Peters Ms. Collins Committee on Homeland Security and Governmental Affairs A BILL To create intergovernmental coordination on addressing perfluoroalkyl and polyfluoroalkyl substance contamination, and for other purposes. 1. Short title This Act may be cited as the PFAS Intergovernmental Coordination Act 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs of the Senate (B) the Committee on Oversight and Reform of the House of Representatives (2) Director The term Director (3) PFAS The term PFAS (4) Working group The term working group 3. Creation of working group (a) Establishment Not later than 90 days after the date of enactment of this Act, the Director shall establish a working group to facilitate more effective cooperation, coordination, and mutual accountability among every level of the Federal Government and State, local, and Tribal governments on a holistic response to PFAS contamination in communities across the United States. (b) Termination (1) Termination date The working group shall terminate on the date that is 2 years after the date on which the working group is established. (2) Extension Based on the recommendation of the working group described in section 6(a)(2), the Director may extend the working group beyond the termination date. 4. Membership and meetings (a) Appointment The Director shall appoint to the working group representatives with expertise in PFAS from Federal agencies, State, local, and Tribal governments and academic research institutions, including— (1) not less than 1 representative from— (A) the Environmental Protection Agency; (B) the Department of Defense; (C) the Council on Environmental Quality; (D) the Department of Veterans Affairs; (E) the Department of Agriculture; (F) the National Science Foundation; (G) an institution of higher education engaged in PFAS contamination research; and (H) any other relevant entity, as determined by the Director; (2) not less than 5 representatives from the Department of Health and Human Services, including not less than 1 representative from— (A) the Centers for Disease Control and Prevention; (B) the Agency for Toxic Substances and Disease Registry; (C) the National Institute for Occupation Safety and Health; (D) the National Institutes of Health; and (E) the Food and Drug Administration; and (3) not less than 15 representatives from a diverse cross-section of State, local, and Tribal governments, including not less than 5 representatives from— (A) State governments; (B) local governments; and (C) Tribal governments. (b) Consultation The Director may consult relevant entities in selecting appointees to the working group. (c) Chair The Director may chair the working group or designate a chair. (d) Meetings The working group shall convene on a quarterly basis. 5. Duties of the working group The duties of the working group shall include— (1) considering the common challenges in addressing PFAS contamination across every level of the Federal Government and State, local, and Tribal governments; (2) facilitating more effective cooperation, coordination, and mutual accountability among every level of the Federal Government and State, local, and Tribal governments on a holistic response to PFAS contamination; (3) incorporating the diverse perspectives of the working group to devise ways to— (A) improve the administration and coordination of responses to PFAS contamination; and (B) mitigate future PFAS contamination; (4) providing steps for more productive intergovernmental collaboration in the future, including enhanced communication protocols and recommendations and solutions that would fully address PFAS contamination across the Federal Government and State, local, and Tribal governments; and (5) any other relevant duties as determined by the working group. 6. Report (a) Report Not later than 2 years after the date of enactment of this Act, the Director shall submit to the appropriate congressional committees a report that— (1) describes any guidelines created in performing the duties under section 5; and (2) makes a recommendation with respect to extending the authorization of the working group. (b) Briefing Not later than 90 days after the date on which the Director submits the report required under subsection (a), the Director shall brief the appropriate congressional committees on the implementation of any guidelines described in subsection (a)(1). (c) Publishing After Congress has been given the opportunity to review the report described in subsection (a) and has been briefed by the Director, and not later than 120 days after the date on which the Director submits such report, the Director shall make the report publicly available.
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PFAS Intergovernmental Coordination Act
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Workforce Mobility Act of 2021 This bill prohibits the use of noncompete agreements in the context of commercial enterprises except under certain circumstances. The first exception is that the seller of the entirety of a business interest may enter an agreement to refrain from engaging in a similar business in the geographic areas where the business being sold has conducted business prior to the agreement. This exception extends to agreements by senior executive officials who have a severance agreement as part of the conditions of sale (i.e., a buyout provision). Second, a partner of an enterprise, in anticipation of the dissolution of the partnership or disassociation of a partner, may enter an agreement to refrain from engaging in a similar business in the geographic areas where the partnership has conducted business prior to the agreement. Commercial enterprises must post notice of this prohibition in the workplace. The Federal Trade Commission or the Department of Labor shall investigate or enforce the provisions of this bill.
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117 S483 IS: Workforce Mobility Act of 2021 U.S. Senate 2021-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 483 IN THE SENATE OF THE UNITED STATES February 25, 2021 Mr. Murphy Mr. Young Mr. Kaine Mr. Cramer Committee on Health, Education, Labor, and Pensions A BILL To prohibit certain noncompete agreements, and for other purposes. 1. Short title This Act may be cited as the Workforce Mobility Act of 2021 2. Findings Congress finds the following: (1) The proliferation of noncompete agreements throughout sectors, occupational categories, and income brackets is contrary to Congress’ commitment to fostering stronger wage growth for workers in the United States. Economists now estimate that 1 in 5 workers is covered by a noncompete agreement. (2) Noncompete agreements are blunt instruments that crudely protect employer interests and place a drag on national productivity by forcing covered workers to either idle for long periods of time or leave the industries where they have honed their skills altogether. (3) Enforceable noncompete agreements also reduce wages, restrict worker mobility, impinge on worker freedoms to maximize their labor market potential, and slow the pace of American innovation. (4) Employers have access to legal recourses to protect their legitimate interests and property, including trade secret protections, intellectual property protections, and nondisclosure agreements that do not inflict broad collateral harm on workers’ labor market prospects. (5) Employers that rely on a list or lists of vendors, customers, or clients that are not easily obtained by an individual through means other than the work relationship have adequate legal protection through the use of trade secrets protections and nondisclosure agreements. (6) Noncompete agreements broadly restrict employment options for workers in the United States when more narrowly targeted remedies are readily available to employers. (7) Fostering an environment where employers can flourish is necessary to promote vitality and prosperity in the economy. (8) Employers may retain critical skilled employees while ensuring that disincentives affecting mobility, including noncompete agreements, do not negatively impact the workforce in the United States. 3. Prohibiting noncompete agreements (a) Prohibition (1) In general Except as provided in subsection (b), no person shall enter into, enforce, or threaten to enforce a noncompete agreement with any individual who performs work for the person and who in any workweek is engaged in commerce or in the production of goods for commerce (or is employed in an enterprise engaged in commerce or in the production of goods for commerce). (2) Effect of agreements Except as provided in subsection (b), a noncompete agreement described in paragraph (1) shall have no force or effect. (b) Exceptions (1) Sale of goodwill or ownership interest (A) In general Any person who sells the goodwill of a business, any owner of a business entity selling or otherwise disposing of all of his or her ownership interest in the business entity, or any owner of a business entity that sells an asset or interest as described in subparagraph (B), may enter into an agreement with the buyer to refrain from carrying on a like business within a specified geographic area described in subparagraph (C), if the buyer, or any person deriving title to the goodwill or ownership interest from the buyer, carries on a like business in such specified geographic area. (B) Asset or interest An asset or interest described in this subparagraph is— (i) all or substantially all of the operating assets and the goodwill of the business entity; (ii) all or substantially all of the operating assets of a division, or a subsidiary, of the business entity and the goodwill of that division or subsidiary; or (iii) all of the ownership interest of any subsidiary of the business entity. (C) Specified geographic area A specified geographic area described in this subparagraph is a geographic area specified in the agreement described in subparagraph (A), or (D) as applicable, where the business, business entity, division, or subsidiary sold as the subject of such agreement, has conducted business prior to the agreement. (D) Senior executive officials with severance agreements (i) In general Any buyer or seller described in subparagraph (A) may enter into an agreement with a senior executive official who has a severance agreement described in clause (iii) for the senior executive official to refrain from carrying on a like business within a specified geographic area described in subparagraph (C), if the buyer, or any person deriving title to the goodwill or ownership interest from the buyer, carries on a like business in such specified geographic area. (ii) Time-limited agreement An agreement described in clause (i) may not require the senior executive official to refrain from carrying on a like business as described in such clause for a period that is greater than one year. (iii) Severance agreement A severance agreement described in this clause is an agreement between the buyer and the senior executive official, or an agreement between the seller and the senior executive official, described in clause (i) that— (I) is part of the terms and conditions of the sale; and (II) requires monetary compensation for the senior executive official in the event of termination of the employment of the senior executive official at an amount that is greater than or equal to the compensation the official is reasonably expected to receive from the buyer during the 1-year period following the sale. (E) Definitions (i) Buyer, sale, seller For purposes of this paragraph— (I) the term buyer (II) the term sale (III) the term seller (ii) Senior executive official For purposes of subparagraph (D), the term senior executive official (I) who was employed by the seller; (II) who had an integral role in the senior executive management team of the seller; (III) who was responsible for making or directing major decisions of the seller; and (IV) whose rate of compensation was in the highest 10 percent of the compensation rates for all employees of the seller. (2) Partnership dissolution or disassociation (A) In general Any partner may, upon or in anticipation of any circumstance described in subparagraph (B), enter into an agreement with any other member of the partnership that the partner will not carry on a like business within a specified geographic area described in subparagraph (C), if any other member of the partnership, or any person deriving title to the business or the goodwill of the business from any other member of the partnership, carries on a like business in such specified geographic area. (B) Circumstances A circumstance described in this subparagraph is either of the following: (i) A dissolution of the partnership. (ii) Dissociation of the partner from the partnership. (C) Specified geographic area A specified geographic area described in this subparagraph is a geographic area specified in the agreement described in subparagraph (A) where any business of the partnership has been transacted prior to the agreement. 4. Trade secrets Nothing in this Act shall preclude a person from entering into an agreement with an individual working for the person to not share any information (including after the individual is no longer working for the person) regarding the person, or the work performed by the individual for the person, that is a trade secret. 5. Notice; public awareness campaign (a) Notice Any person who engages an individual who performs work for the person in commerce or in the production of goods for commerce (or employs an individual in an enterprise engaged in commerce or in the production of goods for commerce) shall post notice of the provisions of this Act in a conspicuous place on the premises of such person. (b) Public awareness campaign The Secretary of Labor may carry out activities to make the public aware of the provisions of this Act. 6. Enforcement (a) Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 3 or 5(a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Powers of Commission (A) In general The Federal Trade Commission shall enforce sections 3 and 5(a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 (B) Privileges and immunities Any person who violates section 3 or 5(a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 (b) Department of Labor (1) In general The Secretary of Labor— (A) shall receive and investigate a complaint of a violation of section 3 or 5(a), if the person in violation of such section is an employer of one or more employees; and (B) may bring an action in any court of competent jurisdiction to obtain the legal or equitable relief against the person described in subparagraph (A) on behalf of an individual aggrieved by the violation as may be appropriate to effectuate the purposes of such sections, subject to paragraph (2). (2) Civil fines In an action described in paragraph (1)(B), the court of competent jurisdiction described in such paragraph shall impose a civil fine on any person described in paragraph (1)(A) who violates section 3 or 5(a), in an amount not to exceed $5,000 for each week the person is in such violation. Such fine shall be paid to the individual aggrieved by such violation. (3) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall issue regulations with respect to the authority of the Secretary in enforcing violations of section 3 or 5(a) in accordance with this subsection. (c) Standards for dual enforcement Not later than 90 days after the date of enactment of this Act, the Federal Trade Commission and the Secretary of Labor shall, for the purposes of enforcing this Act— (1) develop shared standards for consistent enforcement; and (2) identify the scope of responsibility of the Federal Trade Commission and such scope of the Secretary of Labor to ensure complementary enforcement of this Act. (d) Private right of action (1) In general An individual who is aggrieved by a violation of this Act may bring a civil action in any appropriate district court of the United States. (2) Relief In a civil action under paragraph (1), a court may award— (A) any actual damages sustained by the individual as a result of the violation; and (B) in the case of any successful action to enforce any liability under this subsection, the costs of the action and reasonable attorney’s fees, as determined by the court. 7. Reports Not later than 1 year after the date on which the Secretary of Labor issues the regulations under section 6(b)(3), the Federal Trade Commission and the Secretary of Labor shall each submit to Congress a report on any actions taken by the Commission or Secretary, respectively, to enforce the provisions of this Act. 8. Definitions For purposes of this Act: (1) Business entity The term business entity (2) Commerce; enterprise engaged in commerce or in the production of goods for commerce; person; State The terms commerce enterprise engaged in commerce or in the production of goods for commerce person State 29 U.S.C. 203 (3) Employee; employer The terms employee employer 29 U.S.C. 203 (4) Noncompete agreement The term noncompete agreement (A) Any work for another person for a specified period of time. (B) Any work in a specified geographical area. (C) Any work for another person that is similar to such individual's work for the person that is a party to such agreement. (5) Owner of a business entity The term owner of a business entity (A) in the case of a business entity that is a partnership (including a limited partnership or a limited liability partnership), any partner; (B) in the case of a business entity that is a limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction that recognizes such a series), any member of such company; or (C) in the case of a business entity that is a corporation, any owner of capital stock. (6) Ownership interest The term ownership interest (A) in the case of a business entity that is a partnership (including a limited partnership or a limited liability partnership), a partnership interest; (B) in the case of a business entity that is a limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction that recognizes such a series), a membership interest; or (C) in the case of a business entity that is a corporation, a capital stockholder. (7) Trade secret The term trade secret
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Workforce Mobility Act of 2021
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Increase Reliable Services Now Act This bill imposes limits on Internal Revenue Service (IRS) enforcement activities and hiring. The bill prohibits the IRS from hiring any person for enforcement activities until the end of a period in which the IRS has maintained for six consecutive months a level of service for accounts management phone lines of not less than 70%, and an average speed of answering phone calls in five minutes or less. The bill also requires that not less than 90% of regular IRS employees perform work in person at their job sites. The bill prohibits the IRS from auditing taxpayers with taxable incomes below $400,000 at a greater rate than before the enactment of this bill. Further, the IRS may not hire additional personnel (other than for return processing activities and call center operations) until its tax return processing backlog is not in excess of 1 million cases and it issues tax refunds within six weeks or less after receipt of a tax return.
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117 S4832 IS: Increase Reliable Services Now Act U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4832 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Thune Ms. Collins Committee on Finance A BILL To temporarily prohibit the hiring of additional Internal Revenue Service employees until a certain level of taxpayer services have improved, and for other purposes. 1. Short title This Act may be cited as the Increase Reliable Services Now Act 2. Temporary prohibition on additional tax enforcement personnel (a) In general Notwithstanding any other provisions of law, the Internal Revenue Service may not hire any person for the purpose of conducting enforcement activities during the period beginning on the date of the enactment of this Act and ending on the first date after such date on which— (1) the Internal Revenue Service has maintained, for 6 consecutive months— (A) a level of service for accounts management phone lines of not less than 70 percent; and (B) an average speed of answering calls in 5 minutes or less; and (2) not less than 90 percent of the regular employees of the Internal Revenue Service perform work in person at their job sites. (b) Enforcement activities For purposes of this section, the term enforcement activities Public Law 117–169 3. Prohibition on use of additional Internal Revenue Service funds for taxpayer audits Section 10301(a)(1)((A)(ii) of Public Law 117–169 : Provided further 4. Temporary prohibition on Internal Revenue Service hiring (a) In general Notwithstanding any other provisions of law, the Internal Revenue Service may not hire any person (other than for activities related to return processing and call center operations) during the period beginning on the date of the enactment of this Act and ending on the first date after such date on which the Internal Revenue Service meets the requirements of subsection (b). (b) Requirements The requirements specified in this subsection are the following: (1) With respect to the processing of taxpayer correspondence, tax forms, and payments, the Internal Revenue Service has a backlog not in excess of 1,000,000 cases. (2) With respect to tax returns eligible for a refund, refunds are issued to taxpayers on average within six weeks or less of the receipt of the return.
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Increase Reliable Services Now Act
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Save Our Sequoias Act This bill provides for the conservation of giant sequoia trees (Sequoiadendron giganteum) in California, including by providing statutory authority for the Giant Sequoia Lands Coalition; directing the coalition to submit a Giant Sequoia Health and Resiliency Assessment; declaring an emergency on certain public lands and allowing officials to carry out protection plans during the emergency to respond to the threat of wildfires, insects, and drought; directing the Department of the Interior and the National Forest System to develop and implement a Giant Sequoia Reforestation and Rehabilitation Strategy; and establishing a variety of programs and funds to support the conservation of giant sequoias.
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117 S4833 IS: Save Our Sequoias Act U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4833 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mrs. Feinstein Mr. Padilla Committee on Energy and Natural Resources A BILL To improve the health and resiliency of giant sequoias, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Save Our Sequoias Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Shared stewardship agreement for giant sequoias. Sec. 4. Giant Sequoia Lands Coalition. Sec. 5. Giant Sequoia Health and Resiliency Assessment. Sec. 6. Giant sequoia emergency response. Sec. 7. Fuels reduction in vulnerable habitat. Sec. 8. Projects in insect- or disease-affected treatment areas. Sec. 9. Giant Sequoia Reforestation and Rehabilitation Strategy. Sec. 10. Giant Sequoia Strike Teams. Sec. 11. Giant sequoia collaborative restoration grants. Sec. 12. Good neighbor authority for giant sequoias. Sec. 13. Stewardship contracting for giant sequoias. Sec. 14. Giant Sequoia Emergency Protection Program and Fund. Sec. 15. Authorization of appropriations. 2. Definitions In this Act: (1) Assessment The term Assessment (2) Coalition The term Coalition (3) Collaborative process The term collaborative process (4) Covered National Forest System lands The term covered National Forest System lands (5) Covered public lands The term covered public lands (A) the Case Mountain Extensive Recreation Management Area in California managed by the Bureau of Land Management; and (B) Kings Canyon National Park, Sequoia National Park, and Yosemite National Park in California managed by the National Park Service. (6) Giant sequoia The term giant sequoia (7) Grove-specific hazardous fuels reduction plan The term grove-specific hazardous fuels reduction plan 42 U.S.C. 4321 et seq. (8) Protection Project The term Protection Project (A) activities recommended by the Assessment; (B) conducting hazardous fuels management, including mechanical thinning, mastication, and prescribed burning; (C) removing hazard trees, as determined by the responsible official; (D) removing trees to address overstocking or crowding in a forest stand, consistent with the appropriate basal area of the forest stand as determined by the responsible official; (E) activities included in the applicable grove-specific hazardous fuels reduction plan; (F) using treatments to address insects and disease and control competing vegetation; and (G) any combination of activities described in subparagraphs (A) through (F). (9) Reforestation The term reforestation (A) natural regeneration; (B) natural regeneration with— (i) site preparation; (ii) vegetation competition control; or (iii) both; or (C) planting or direct seeding. (10) Rehabilitation The term rehabilitation (11) Relevant congressional committees The term relevant congressional committees (A) the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Appropriations of the Senate; and (B) the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives. (12) Responsible official The term responsible official (13) Secretary The term Secretary (14) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture, with respect to covered National Forest System lands, or their designee; and (B) the Secretary of the Interior, with respect to covered public lands, or their designee. (15) Strategy The term Strategy (16) Strike Team The term Strike Team (17) Tribe The term Tribe (A) the Tule River Indian Tribe; and (B) any other Tribal government the jurisdictional boundaries of which encompass at least 1 giant sequoia grove. (18) Tule River Indian Tribe The term Tule River Indian Tribe 3. Shared stewardship agreement for giant sequoias (a) In general Not later than 90 days after receiving a request from the Governor of the State of California or a Tribe, the Secretary shall enter into an agreement with the Secretary of Agriculture and the Governor or Tribe, as applicable, that submitted the request, to jointly carry out the following: (1) Not later than 30 days after entering into the agreement, establish the Giant Sequoia Lands Coalition or certify an existing group meeting the requirements of section 4(b) as the Giant Sequoia Lands Coalition. (2) Not later than 120 days after the Giant Sequoia Lands Coalition submits the Assessment under section 5, conduct Protection Projects under section 6. (3) Not later than 120 days after entering into the agreement, begin developing and implementing reforestation and rehabilitation of giant sequoias, with priority given to actions described in the Strategy. (b) No request submitted If the Secretary has not received a request from the Governor of the State of California or a Tribe under subsection (a) before the date that is 90 days after the date of enactment of this Act, the Secretary shall enter into the agreement under subsection (a) and jointly implement such agreement with the Secretary of Agriculture. (c) Future participation If the Secretary receives a request from the Governor of the State of California or a Tribe any time after entering into the agreement under subsection (a) or (b), the Secretary shall accept the Governor or Tribe, as applicable, that submitted the request as a party to such agreement. 4. Giant Sequoia Lands Coalition (a) Establishment (1) In general In accordance with the timeline and agreement established in section 3(a)(1), the Secretary and the Secretary of Agriculture, in consultation with the other parties to such agreement, shall jointly establish, and appoint members to, the Giant Sequoia Lands Coalition. (2) Existing coalition A previously established group that meets the membership requirements under subsection (b) may be designated by the Secretary and the Secretary of Agriculture as the Coalition under paragraph (1) if the parties to the agreement established under section 3 approve such designation. (b) Membership (1) Members The Secretary and the Secretary of Agriculture shall jointly appoint to the Coalition 1 member from each of— (A) the National Park Service, representing Sequoia and Kings Canyon National Parks; (B) the National Park Service, representing Yosemite National Park; (C) the Forest Service, representing Sequoia National Forest and Giant Sequoia National Monument; (D) the Forest Service, representing Sierra National Forest; (E) the Forest Service, representing Tahoe National Forest; (F) the Bureau of Land Management, representing Case Mountain Extensive Recreation Management Area; (G) the Tule River Indian Tribe, representing the Black Mountain Grove; (H) the State of California, representing Calaveras Big Trees State Park; (I) the State of California, representing Mountain Home Demonstration State Forest; (J) an academic institution with demonstrated experience managing and owning a giant sequoia grove, representing Whitaker’s Research Forest; and (K) the County of Tulare, California, representing Balch Park. (2) Affiliate partners The Coalition may designate organizations or agencies with demonstrated experience and knowledge on giant sequoia management and resiliency as affiliate partners of the Coalition to enhance the work of the Coalition under subsection (c). (3) Local government participation Upon the written request of a local government in California whose jurisdictional boundaries encompass at least 1 giant sequoia grove, or the governing body of a Tribe other than the Tule River Indian Tribe, the Secretary shall appoint 1 member from such government or governing body to serve as a member of the Coalition, subject to the same requirements outlined in this section. (4) Term (A) Length The term of an appointment as a member of the Coalition shall be 5 years. (B) Limit Members of the Coalition may serve no more than 2 terms. (5) Vacancy The Secretary and the Secretary of Agriculture shall jointly appoint a new member to fill a vacancy on the Coalition not later than 6 months after the date on which such vacancy occurs. (6) Decisions Decisions of the Coalition shall be made by majority vote, a quorum of ½ the total members of the Coalition being present. (7) Meetings (A) In general Not later than 60 days after all members of the Coalition are appointed under subsection (a), the Coalition shall hold its first meeting. (B) Regular meetings The Coalition shall meet not less than twice per year. (8) Priority The Secretary concerned shall appoint members under paragraph (1) who have a demonstrated experience and knowledge on managing giant sequoia groves. (c) Duties The duties of the Coalition are to— (1) prepare the Assessment under section 5; (2) observe implementation, and provide policy recommendations to the Secretary concerned, with respect to— (A) Protection Projects carried out under section 6; and (B) the Strategy established under section 9; (3) facilitate collaboration and coordination on Protection Projects, particularly projects that cross jurisdictional boundaries; (4) facilitate information sharing, including best available science as described in section 5(d) and mapping resources; and (5) support the development and dissemination of educational materials and programs that inform the public about the threats to the health and resiliency of giant sequoia groves and actions being taken to reduce the risk to such groves from high-severity wildfire, insects, and drought. (d) Pay and expenses (1) Compensation (A) Federal employee members All members of the Coalition who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Non-Federal employee members All members of the Coalition not described in subparagraph (A) shall serve without compensation. (2) Reimbursement A member of the Coalition may be reimbursed for travel and lodging expenses incurred while attending a meeting of the Coalition or any other meeting of members approved for reimbursement by the Coalition in the same amounts and under the same conditions as Federal employees under section 5703 of title 5, United States Code. (3) Expenses The Secretary concerned may pay the expenses of the Coalition that such Secretary concerned determines to be reasonable and appropriate. (4) Administrative support, technical services, and staff support The Secretary concerned shall make personnel of the Department of the Interior or the Department of Agriculture, as applicable, available to the Coalition for administrative support, technical services, development and dissemination of educational materials, and staff support that such Secretary concerned determines necessary to carry out this section. (e) Federal Advisory Committee Act (1) In general The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Coalition, except that the Coalition shall terminate on the date that is 10 years after the date of enactment of this Act. (2) Renewal Prior to the termination of the Coalition under paragraph (1), the Coalition may be renewed in accordance with subsections (b) and (c) of section 14 5. Giant Sequoia Health and Resiliency Assessment (a) In general Not later than 180 days after the first meeting of the Coalition, the Coalition shall submit to the relevant congressional committees a Giant Sequoia Health and Resiliency Assessment that, based on the best available science— (1) identifies— (A) each giant sequoia grove that has experienced a— (i) stand-replacing disturbance; or (ii) disturbance but continues to have living giant sequoias within the grove, including identifying the tree mortality and regeneration of giant sequoias within such grove; (B) each giant sequoia grove that is at high risk of experiencing a stand-replacing disturbance; (C) lands located within 1 mile of giant sequoia groves that are at risk of experiencing high-severity wildfires that could adversely impact such giant sequoia groves; and (D) each giant sequoia grove that has experienced a disturbance and is unlikely to naturally regenerate and is in need of reforestation; (2) analyzes the resiliency of each giant sequoia grove to threats, such as— (A) high-severity wildfire; (B) insects, including beetle kill; and (C) drought; (3) with respect to Protection Projects, proposes a list of highest priority Protection Projects, giving priority to projects located on lands identified under subparagraphs (B) and (C) of paragraph (1); (4) examines how historical, Tribal, and current approaches to wildland fire suppression and forest management activities across various jurisdictions have impacted the health and resiliency of giant sequoia groves with respect to— (A) high-severity wildfires; (B) insects, including beetle kill; and (C) drought; and (5) includes program and policy recommendations that address— (A) Federal and State policies that impede activities to improve the health and resiliency of giant sequoias and proposed policy changes to address such impediments; (B) new Federal and State policies necessary to increase the pace and scale of treatments that improve the health and resiliency of giant sequoias; (C) options to enhance communication, coordination, and collaboration, particularly for cross-boundary projects, to improve the health and resiliency of giant sequoias; (D) research gaps that should be addressed to improve the best available science on the giant sequoias; and (E) options and best practices for conducting Protection Projects without causing the incidental taking of threatened or endangered species. (b) Annual updates Not later than 1 year after the submission of the Assessment under subsection (a), and annually thereafter, the Coalition shall submit an updated Assessment to the relevant congressional committees that— (1) includes any new data, information, or best available science that has changed or become available since the previous Assessment was submitted; (2) with respect to Protection Projects— (A) includes information on the number of Protection Projects initiated the previous year and the estimated timeline for completing those projects; (B) includes information on the number of Protection Projects planned in the upcoming year and the estimated timeline for completing those projects; (C) provides status updates and long-term monitoring reports on giant sequoia groves after the completion of Protection Projects, including comparing the efficacy of those Protection Projects; (D) if either Secretary concerned failed to initiate at least 1 Protection Project in the previous year, a written explanation that includes— (i) a detailed explanation of what impediments resulted in failing to initiate at least 1 Protection Project; (ii) a detailed explanation of what actions the Secretary concerned is taking to ensure that at least 1 Protection Project is initiated the following year; and (iii) recommendations to Congress on any policies that need to be changed to assist the Secretary concerned in initiating Protection Projects; and (3) with respect to reforestation and rehabilitation of giant sequoias— (A) contains updates on the implementation of the Strategy under section 9, including grove-level data on reforestation and rehabilitation activities; and (B) provides status updates and monitoring reports on giant sequoia groves that have experienced natural or artificial regeneration as part of the Strategy under section 9. (c) Dashboard (1) Requirement to maintain The Coalition shall create and maintain a website that— (A) publishes the Assessment, annual updates to the Assessment, and other educational materials developed by the Coalition; (B) contains searchable information about individual giant sequoia groves, including the— (i) resiliency of such groves to threats described in paragraphs (1) and (2) of subsection (a); (ii) Protection Projects that have been proposed, initiated, or completed in such groves; and (iii) reforestation and rehabilitation activities that have been proposed, initiated, or completed in such groves; and (C) maintains a searchable database to track— (i) the status of Federal environmental reviews and authorizations for specific Protection Projects and reforestation and rehabilitation activities; and (ii) the projected cost of Protection Projects and reforestation and rehabilitation activities. (2) Searchable database The Coalition shall include information on the status of Protection Projects in the searchable database created under paragraph (1)(C), including— (A) a comprehensive permitting timetable; (B) the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable; (C) any modifications of the permitting timetable required under subparagraph (A), including an explanation as to why the permitting timetable was modified; and (D) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available. (d) Best available science In utilizing the best available science for the Assessment, the Coalition shall include— (1) data and peer-reviewed research from academic institutions with a demonstrated history of studying giant sequoias and with experience analyzing distinct management strategies to improve giant sequoia resiliency; (2) traditional ecological knowledge from each Tribe related to improving the health and resiliency of giant sequoia groves; and (3) data from Federal, State, and Tribal governments or agencies. (e) Technology improvements In carrying out this section, the Secretary concerned may enter into memorandums of understanding or agreements with other Federal agencies or departments, State or local governments, Tribal governments, private entities, or academic institutions to improve, with respect to the Assessment, the use and integration of— (1) advanced remote sensing and geospatial technologies; (2) statistical modeling and analysis; or (3) any other technology the Secretary concerned determines will benefit the quality of information used in the Assessment. (f) Planning The Coalition shall make information from this Assessment available to the Secretary concerned and the State of California to integrate into— (1) the State of California’s Wildfire and Forest Resilience Action Plan; and (2) the Forest Service’s 10-year Wildfire Crisis Strategy (or successor plan). 6. Giant sequoia emergency response (a) In general (1) Emergency determination Congress determines that— (A) an emergency exists on covered public lands and covered National Forest System lands that makes it necessary to carry out Protection Projects that take needed actions to respond to the threat of wildfires, insects, and drought to giant sequoias; and (B) Protection Projects are necessary to control the immediate impacts of the emergency described in subparagraph (A) and to mitigate harm to life, property, or important natural or cultural resources on covered public lands and covered National Forest System lands. (2) Application The emergency determination established under paragraph (1)(A) shall apply to all covered public lands and covered National Forest System lands. (3) Effect The emergency determination established under paragraph (1)(A) shall go into effect on the date the Coalition submits the Assessment. (4) Expiration The emergency determination established under paragraph (1)(A) shall expire on the earlier of— (A) the date that is 10 years after the effective date of that emergency determination; and (B) the date on which the Secretary and the Secretary of Agriculture jointly— (i) determine that such an emergency no longer exists; (ii) certify that at least 90 percent of giant sequoia groves are not under the threat of stand-replacing wildfire; and (iii) submit the determination and certification described in clauses (i) and (ii), respectively, to the relevant congressional committees. (b) Implementation While the emergency determination established under subsection (a) is in effect— (1) a responsible official may carry out a Protection Project described in subsection (c) in accordance with— (A) section 220.4(b) of title 36, Code of Federal Regulations (or a successor regulation); (B) section 800.12 of title 36, Code of Federal Regulations (or a successor regulation); (C) section 1506.12 of title 40, Code of Federal Regulations (or a successor regulation); and (D) section 46.150 of title 43, Code of Federal Regulations (or a successor regulation); and (2) the informal consultation requirements under sections 402.05 of title 50 and 800.12 of title 36, Code of Federal Regulations (or successor regulations), shall apply to Protection Projects. (c) Requirements A Protection Project referred to in subsection (b)(1) is a Protection Project or reforestation or rehabilitation activity that— (1) covers an area of not more than— (A) 2,000 acres within giant sequoia groves where a grove-specific hazardous fuels reduction plan has been developed by the relevant land management agency or on lands identified under section 5(a)(1)(B); and (B) 3,000 acres on lands identified under section 5(a)(1)(C); (2) was— (A) proposed by the Assessment under section 5(a)(3); (B) developed through a collaborative process; or (C) proposed by a resource advisory committee (as defined in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121 (3) as practicable, incorporates prescribed fire as a component of the grove-specific hazardous fuels reduction plan; and (4) occurs on Federal land or non-Federal land with the consent of the non-Federal landowner. (d) Use of other authorities To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out Protection Projects, including— (1) good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a (2) stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c (e) Savings clause With respect to joint Protection Projects and reforestation and rehabilitation activities involving a Tribe, nothing in this section shall be construed to add any additional regulatory requirements onto the Tribe. 7. Fuels reduction in vulnerable habitat (a) Sense of Congress It is the sense of Congress that— (1) fire regimes in giant sequoia groves are dominated by fire regime I and fire regime III (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (2) fire regime IV (as defined in that section) occurs incidentally within or adjacent to giant sequoia groves; and (3) to ensure that the restoration of giant sequoia groves meets forest health and wildfire resiliency goals, ecological restoration of ecosystem types that are fire regime IV (as so defined) should be considered for Protection Projects. (b) Definition of fire regime IV Section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (1) by redesignating paragraphs (11) through (16) as paragraphs (12) through (17), respectively; and (2) by inserting after paragraph (10) the following: (11) Fire regime IV The term fire regime IV . (c) Restoration in fire regime IV (1) Authorized hazardous fuel reduction projects Section 102(a)(3) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6512(a)(3) or fire regime III fire regime III, or fire regime IV (2) Administrative review Section 603(c) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(c) (2) Location (A) In general A project under this section shall be located in an area that is— (i) in the wildland-urban interface; or (ii) (I) outside the wildland-urban interface; (II) in condition class 2 or condition class 3; and (III) in fire regime I, fire regime II, fire regime III, or fire regime IV (subject to the condition that not more than 30 percent of the area may be in fire regime IV). (B) Definitions In this paragraph, the terms condition class 2 condition class 3 fire regime I fire regime II fire regime III fire regime IV wildland-urban interface . (3) Wildfire resilience projects Section 605(c) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591d(c) (2) Location (A) In general A project under this section shall be— (i) prioritized within the wildland-urban interface; (ii) if located outside the wildland-urban interface, located in an area— (I) in condition class 2 or condition class 3; (II) in fire regime I, fire regime II, fire regime III, or fire regime IV (subject to the condition that not more than 30 percent of the area may be in fire regime IV); and (III) that contains a very high wildfire hazard potential; and (iii) limited to areas designated under section 602(b) as of the date of enactment of this Act. (B) Definitions In this paragraph, the terms condition class 2 condition class 3 fire regime I fire regime II fire regime III fire regime IV wildland-urban interface . (4) Establishment of fuel breaks in forests and other wildland vegetation Section 40806(d) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592b(d) (A) in paragraph (2)— (i) by striking subparagraph (B) and inserting the following: (ii) if located outside the wildland-urban interface or a public drinking water source area, an area— (I) in condition class 2 or condition class 3; (II) in fire regime I, fire regime II, fire regime III, or fire regime IV (subject to the condition that not more than 30 percent of the area may be in fire regime IV); and (III) that contains a very high wildfire hazard potential; or ; and (ii) by redesignating subparagraphs (A) and (C) as clauses (i) and (iii), respectively, and indenting appropriately; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (C) by striking Treatments (1) In general Treatments ; and (D) by adding at the end the following: (2) Definitions In this subsection, the terms condition class 2 condition class 3 fire regime I fire regime II fire regime III fire regime IV wildland-urban interface 16 U.S.C. 6511 . 8. Projects in insect- or disease-affected treatment areas (a) Designation of treatment areas Section 602 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591a (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) by striking the subsection designation and heading and all that follows through In this section, the term (a) Definitions In this section and section 603: (1) Declining forest health The term ; and (C) by adding at the end the following: (2) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture, with respect to land of the National Forest System described in section 3(1)(A); and (B) the Secretary of the Interior, with respect to covered public lands (as defined in section 2 of the Save Our Sequoias Act ; (2) in subsection (b)— (A) in paragraph (1), by inserting of Agriculture Secretary (B) in paragraph (2), by inserting concerned Secretary (3) in subsection (c)(1), by inserting of Agriculture or the Secretary of the Interior Secretary (4) in subsection (d)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking Secretary may carry out priority projects on Federal land Secretary concerned may carry out priority projects on land described in subparagraphs (A) and (B) of subsection (a)(2) (B) by redesignating paragraph (4) as paragraph (5); (C) by inserting after paragraph (3) the following: (4) References For purposes of this subsection, any reference contained in section 101(2), subsection (b), (c), or (d) of section 102, or section 104, 105, or 106 to Federal land ; and (D) in paragraph (5) (as so redesignated), by inserting concerned Secretary (5) in subsection (e), by inserting concerned Secretary (b) Administrative review Section 603 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b (1) by inserting concerned Secretary (2) in subsection (d)— (A) in paragraph (2), by striking Federal land land described in subparagraph (A) or (B) of section 602(a)(2) (B) in paragraph (4), by inserting or land use plan (3) in subsection (e), by inserting , or the land use plan established under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 National Forest System (4) in subsection (g)(2)— (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking the period at the end and inserting ; and (C) by adding at the end the following: (F) the Committee on Energy and Natural Resources of the Senate. . 9. Giant Sequoia Reforestation and Rehabilitation Strategy (a) Reforestation and rehabilitation strategy (1) In general In accordance with the timeline and agreement established in section 3(a)(3), the Secretary and the Secretary of Agriculture, in consultation with the other parties to such agreement, shall jointly develop and implement a strategy, to be known as the Giant Sequoia Reforestation and Rehabilitation Strategy (A) identifies giant sequoia groves in need of natural or artificial regeneration, giving highest priority to groves identified under section 5(a)(1)(A)(i); (B) creates a priority list of reforestation and rehabilitation activities; (C) identifies and addresses— (i) barriers to reforestation or rehabilitation including— (I) regulatory barriers; (II) seedling shortages or related nursery infrastructure capacity constraints; (III) labor and workforce shortages; (IV) technology and science gaps; and (V) site preparation challenges; (ii) potential public-private partnership opportunities to complete high-priority reforestation or rehabilitation projects; (iii) a timeline for addressing the backlog of reforestation for giant sequoias in the 10-year period after the agreement is entered into under section 3; and (iv) strategies to ensure genetic diversity across giant sequoia groves; and (D) includes program and policy recommendations needed to improve the efficiency or effectiveness of the Strategy. (2) Assessment The Secretary may incorporate the Strategy into the Assessment under section 5. (b) Priority reforestation projects amendment Section 3(e)(4)(C)(ii)(I) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1601(e)(4)(C)(ii)(I) (1) in item (bb), by striking and (2) in item (cc), by striking the period and inserting ; and (3) by adding at the end the following: (dd) shall include reforestation and rehabilitation activities conducted under section 9 of the Save Our Sequoias Act . 10. Giant Sequoia Strike Teams (a) Establishment Each Secretary concerned shall establish a Giant Sequoia Strike Team to assist the Secretary concerned with the implementation of— (1) primarily, section 6; and (2) secondarily, section 9. (b) Duties Each Strike Team shall— (1) assist the Secretary concerned with any reviews, including analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. 16 U.S.C. 1531 et seq. (2) implement any necessary site preparation work in advance of or as part of a Protection Project or reforestation or rehabilitation activity; (3) implement Protection Projects under section 6; and (4) implement reforestation or rehabilitation activities under section 9. (c) Members The Secretary concerned may appoint not more than 10 individuals each to serve on a Strike Team comprised of— (1) employees of the Department of the Interior; (2) employees of the Forest Service; (3) private contractors from any nonprofit organization, State government, Tribal government, local government, academic institution, or private organization; and (4) volunteers from any nonprofit organization, State government, Tribal government, local government, academic institution, or private organization. 11. Giant sequoia collaborative restoration grants (a) In general The Secretary, in consultation with the other parties to the agreement under section 3, shall establish a program to award grants to eligible entities to advance, facilitate, or improve giant sequoia health and resiliency. (b) Eligible entity The Secretary may award grants under this section to any nonprofit organization, Tribal government, local government, academic institution, or private organization to help advance, facilitate, or improve giant sequoia health and resiliency. (c) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (1) primarily, are likely to have the greatest impact on giant sequoia health and resiliency; and (2) secondarily— (A) are small businesses or Tribal entities, particularly in rural areas; and (B) create or support jobs, particularly in rural areas. (d) Use of grant funds Funds from grants awarded under this section shall be used to— (1) create, expand, or develop markets for hazardous fuels removed under section 6; (2) facilitate hazardous fuel removal under section 6, including by reducing the cost of transporting hazardous fuels removed as part of a Protection Project; (3) expand, enhance, develop, or create permanent or temporary facilities or land that can store or process hazardous fuels removed under section 6; and (4) establish, develop, expand, enhance, or improve nursery capacity or infrastructure necessary to facilitate the Strategy established under section 9. 12. Good neighbor authority for giant sequoias Section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a (1) in subsection (a)— (A) in paragraph (4)(A)— (i) in clause (ii), by striking and (ii) by redesignating clause (iii) as clause (iv); (iii) by inserting after clause (ii) the following: (iii) activities conducted under section 6 of the Save Our Sequoias Act ; (iv) in clause (iv), as so redesignated, by striking the period at the end and inserting ; or (v) by adding at the end the following: (v) any combination of activities specified in clauses (i) through (iv). ; and (B) in paragraph (10)(B) by striking land. land, Kings Canyon National Park, Sequoia National Park, and Yosemite National Park. (2) in subsection (b)(2), by striking subparagraph (C) and inserting the following: (C) Treatment of revenue Funds received from the sale of timber by a Governor or county under a good neighbor agreement shall be retained and used by the Governor or county— (i) to carry out authorized restoration services under such good neighbor agreement; and (ii) if there are funds remaining after carrying out the services under clause (i), to carry out authorized restoration services under other good neighbor agreements. . 13. Stewardship contracting for giant sequoias (a) National Park Service Section 604(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(a) (1) by striking paragraph (2) and inserting the following: (2) Director The term Director ; and (2) by adding at the end the following: (3) Public lands The term public lands (A) Bureau of Land Management land; and (B) land within Kings Canyon National Park, Sequoia National Park, and Yosemite National Park. . (b) Giant sequoia stewardship contracts Section 604(c) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(c) (8) Promoting the health and resiliency of giant sequoias. . 14. Giant Sequoia Emergency Protection Program and Fund (a) In general Subchapter II of chapter 1011 101123. Giant Sequoia Emergency Protection Program and Fund (a) Giant sequoia Emergency protection program The National Park Foundation, in coordination with the National Forest Foundation, shall design and implement a comprehensive program to assist and promote philanthropic programs of support that benefit— (1) primarily, the management and conservation of giant sequoias on Service land and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and (2) secondarily, the reforestation of giant sequoias on Service land and covered National Forest System lands impacted by wildfire. (b) Giant Sequoia Emergency Protection Fund The National Park Foundation, in coordination with the National Forest Foundation, shall establish a joint special account, to be known as the Giant Sequoia Emergency Protection Fund the Fund (c) Funds for giant sequoia emergency protection The following shall apply to the Fund: (1) The Fund shall consist of any gifts, devises, or bequests that are provided to the National Park Foundation or National Forest Foundation for such purpose. (2) The National Park Foundation and National Forest Foundation shall deposit any funds received for the Fund in a federally insured interest-bearing account or may invest funds in appropriate security obligations, as mutually agreed upon. (3) Any accrued interest or dividends earned on funds received for the Fund shall be added to the principal and form a part of the Fund. (d) Use of funds Funds shall be available to the National Park Foundation and National Forest Foundation without further appropriation for projects and activities approved by the Chief of the Forest Service or the Director, as appropriate, or their designees, to— (1) primarily, support the management and conservation of giant sequoias on Service land and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and (2) secondarily, support the reforestation of giant sequoias on Service land and covered National Forest System lands impacted by wildfire. (e) Summary Beginning 1 year after the date of enactment of this section, the National Park Foundation and National Forest Foundation shall include with their annual reports a summary of the status of the program and Fund created under this section that includes— (1) a statement of the amounts deposited in the Fund during the fiscal year; (2) the amount of the balance remaining in the Fund at the end of the fiscal year; and (3) a description of the program and projects funded during the fiscal year. (f) Covered National Forest System lands defined In this section, the term covered National Forest System lands Save our Sequoias Act . (b) Conforming amendment The table of sections for subchapter II of chapter 1011 101123. Giant Sequoia Emergency Protection Program and Fund. . 15. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act and the amendments made by this Act— (1) for fiscal year 2024, $10,000,000; (2) for fiscal year 2025, $25,000,000; (3) for each of fiscal years 2026 through 2028, $30,000,000; and (4) for each of fiscal years 2029 through 2033, $40,000,000. (b) Limitation Of the amounts authorized under subsection (a), not less than 90 percent of funds shall be used to carry out sections 6 and 9 and the amendments made by those sections.
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Save Our Sequoias Act
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Small-diameter Timber and Underutilized Material Act of 2022 This bill addresses the removal of small-diameter trees in fire hazard areas. Specifically, the bill prohibits the Forest Service (FS) and the Department of the Interior from charging a fee to authorize the removal of a small-diameter tree in a fire hazard area, including a fee for a special use permit; or recovering any processing or monitoring cost of authorizing such removal. The FS or Interior may charge a fee for removal of a small-diameter tree of a particular species of tree in a fire hazard area upon determining that the fee is appropriate and disclosing that determination to the public.
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117 S4835 IS: Small-diameter Timber and Underutilized Material Act of 2022 U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4835 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. King Committee on Energy and Natural Resources A BILL To provide for the removal of small-diameter trees in fire hazard areas, and for other purposes. 1. Short title This Act may be cited as the Small-diameter Timber and Underutilized Material Act of 2022 2. Definitions In this Act: (1) Federal land The term Federal land (A) the Bureau of Land Management; (B) the Bureau of Reclamation; (C) the National Park Service; (D) the United States Fish and Wildlife Service; or (E) the Forest Service. (2) Fire hazard area The term fire hazard area (A) has been identified by the Secretary concerned as having a very high wildfire hazard potential; (B) is located on Federal land; and (C) is located west of the 100th meridian. (3) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to Federal land administered by that Secretary; and (B) the Secretary of the Interior, with respect to Federal land administered by that Secretary. (4) Small-diameter tree The term small-diameter tree 3. Prices (a) In general Except as provided in subsection (b), notwithstanding any other provision of law— (1) the Secretary concerned may not— (A) charge a fee to authorize a person to remove a small-diameter tree in a fire hazard area, including a fee for a special use permit; or (B) recover any processing or monitoring cost of authorizing a person to remove a small-diameter tree in a fire hazard area; and (2) if the Secretary concerned authorizes a person to remove a small-diameter tree, including through a timber sale, in a fire hazard area, the Secretary concerned shall not require the person to pay any amount for the small-diameter tree. (b) Fees The Secretary concerned may charge a fee for removal of a small-diameter tree of a particular species of tree in a fire hazard area if the Secretary concerned— (1) determines that the fee is appropriate; and (2) discloses that determination to the public. (c) No volume determinations; appraisals As part of a small-diameter tree removal described in subsection (a), the Secretary concerned may not— (1) require a volume determination, including by scaling, measuring, weighing, or counting small-diameter trees before or after cutting or removal; or (2) conduct a timber appraisal to determine the fair-market value of the small-diameter trees being removed. (d) Applicability This section shall only apply to contracts authorizing a person to remove a small-diameter tree as described in subsection (a) entered into on or after the date of enactment of this Act. 4. Free-use area designation The Secretary of Agriculture, acting through the Chief of the Forest Service, shall designate as a free-use area under section 223.6 of title 36, Code of Federal Regulations (or a successor regulation), any fire hazard area in the National Forest System that contains a small-diameter tree. 5. Tree designation The Secretary concerned shall seek to designate for removal small-diameter trees in a fire hazard area— (1) to the maximum extent practicable, through means that do not include physically marking a small-diameter tree for removal; and (2) by providing a written description of— (A) the small-diameter trees to be removed and to be retained from a project area; or (B) the desired post-harvest stand characteristics within the project area from which the small-diameter tree would be removed.
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Small-diameter Timber and Underutilized Material Act of 2022
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Prioritizing Disaster Relief Act This bill allows COVID-19 relief funds to be used for disaster assistance. Specifically, the bill authorizes a state, local government, Indian tribe, or tribal organization to use such funds for expenses related to assisting communities, individuals, and businesses affected by and located within the designated area of a major disaster or emergency.
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117 S4836 IS: Prioritizing Disaster Relief Act U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4836 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Paul Committee on Homeland Security and Governmental Affairs A BILL To allow COVID–19 relief funds to be used for disaster assistance, and for other purposes. 1. Short title This Act may be cited as the Prioritizing Disaster Relief Act 2. Use of COVID–19 relief funds for disaster relief (a) Definitions In this section: (1) COVID–19 relief funds The term COVID–19 relief funds (A) The CARES Act ( Public Law 116–136 (B) The American Rescue Plan Act of 2021 ( Public Law 117–2 (C) The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–23 (D) The Emergency Aid for Returning Americans Affected by Coronavirus Act ( Public Law 116–148 (E) The Families First Coronavirus Response Act ( Public Law 116–127 (F) The Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 (G) The Coronavirus Response and Relief Supplemental Appropriations Act ( Public Law 116–260 (H) The Continuing Appropriations Act, 2021 and Other Extensions Act ( Public Law 116–159 (I) The Extending Government Funding and Delivering Emergency Assistance Act ( Public Law 117–43 (2) Indian Tribe; Tribal organization The terms Indian Tribe Tribal organization 25 U.S.C. 5304 (3) State The term State (b) Use of funds for disaster relief (1) In general Notwithstanding any limitation on the use of COVID–19 relief funds under any other provision of law, a State, unit of local government, Indian Tribe, or Tribal organization may use COVID–19 relief funds for expenses related to assisting communities, individuals, and businesses affected by and located within the designated area of a major disaster or emergency declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (2) Supplement, not supplant COVID–19 relief funds used in accordance with paragraph (1) shall supplement and not supplant any other Federal disaster assistance made available to a community, individual, or business.
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Prioritizing Disaster Relief Act
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Veterans Medical Mileage Adjustment Act of 2022 This bill increases the rate for beneficiary travel allowances based on mileage (from 41.5 cents to 45.5 cents per mile) for beneficiary travel to or from Department of Veterans Affairs facilities in connection with vocational rehabilitation, required counseling, or for the purpose of examination, treatment, or care.
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117 S4838 IS: Veterans Medical Mileage Adjustment Act of 2022 U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4838 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Moran Mr. Tester Mr. Cramer Ms. Hassan Mr. Tillis Mrs. Murray Mr. Rounds Ms. Sinema Mr. Brown Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase the rate for allowances based on mileage for beneficiary travel, and for other purposes. 1. Short title This Act may be cited as the Veterans Medical Mileage Adjustment Act of 2022 2. Increase in rate for allowances based on mileage for beneficiary travel Section 111(a) of title 38, United States Code, is amended, in the first sentence, by striking 41.5 cents 45.5 cents
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Veterans Medical Mileage Adjustment Act of 2022
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State Opioid Response Grant Authorization Act of 2022 This bill reauthorizes through FY2027 and otherwise changes the State Opioid Response Grant program. This program, which is managed by the Substance Abuse and Mental Health Services Administration, provides funding for states, territories, and Indian tribes and tribal organizations to address the opioid crisis. Specific changes to the program include (1) expanding its scope to also address stimulant use and misuse, (2) establishing a funding methodology and minimum funding allocations, and (3) allowing the use of grant funds for recovery support services. The bill also requires the Government Accountability Office to report on issues concerning the funding and other aspects of the program.
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117 S4839 IS: State Opioid Response Grant Authorization Act of 2022 U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4839 IN THE SENATE OF THE UNITED STATES September 13, 2022 Ms. Baldwin Mrs. Shaheen Committee on Health, Education, Labor, and Pensions A BILL To reauthorize and expand a grant program for State and Tribal response to opioid and stimulant use and misuse, and for other purposes. 1. Short title This Act may be cited as the State Opioid Response Grant Authorization Act of 2022 2. Grant program for State and Tribal response to opioid and stimulant use and misuse Section 1003 of the 21st Century Cures Act ( 42 U.S.C. 290ee3 1003. Grant program for State and Tribal response to opioid and stimulant use and misuse (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Grants program (1) In general Subject to the availability of appropriations, the Secretary shall award grants to States, Indian Tribes, Tribal organizations, and Urban Indian organizations for the purpose of addressing opioid use disorder and stimulant use and misuse, within such States, such Indian Tribes, and populations served by such Tribal organizations and Urban Indian organizations, in accordance with paragraph (2). (2) Minimum allocations; preference In determining grant amounts for each recipient of a grant under paragraph (1), the Secretary shall— (A) ensure that each State receives not less than $12,000,000; and (B) give preference to States, Indian Tribes, Tribal organizations, and Urban Indian organizations— (i) whose populations have an incidence or prevalence of opioid use disorder that is substantially higher relative to the populations of other States, Indian Tribes, Tribal organizations, or Urban Indian organizations, as applicable; or (ii) whose areas are more rural relative to the populations of other States, Indian Tribes, Tribal organizations, or Urban Indian organizations, as applicable. (3) Formula methodology (A) In general At least 30 days before publishing a funding opportunity announcement with respect to grants under this section, the Secretary shall— (i) develop a formula methodology, consistent with paragraph (2), to be followed in allocating grant funds awarded under this section among grantees, which includes performance assessments for continuation awards; and (ii) not later than 30 days after developing the formula methodology under clause (i), submit the formula methodology to— (I) the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate; and (II) the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives. (B) Transition period for new formula methodology The Secretary shall set a 2-year transition period for the implementation of any new formula methodology if such new formula methodology would reduce the allocation of any State by more than 10 percent. (C) Consideration The Secretary shall ensure that the formula developed under subparagraph (A) avoids a significant cliff between States with similar mortality rates related to opioid use disorders to prevent unusually large funding changes in States when compared to prior year allocations. (D) Report Not later than 2 years after the date of the enactment of the State Opioid Response Grant Authorization Act of 2022 (i) how grant funding is allocated to States under this section and how such allocations have changed over time; (ii) how any changes within the specified 2-year period after the date of enactment of the State Opioid Response Grant Authorization Act of 2022 (iii) the use of funding provided through the grant program under this section and other similar grant programs administered by the Substance Abuse and Mental Health Services Administration. (4) Use of funds Grants awarded under this subsection shall be used for carrying out activities that supplement activities pertaining to opioid use disorder and stimulant use and misuse, undertaken by the State agency responsible for administering the substance abuse prevention and treatment block grant under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. (A) Implementing substance use disorder and overdose prevention activities and evaluating such activities to identify effective strategies to prevent substance use disorders and overdoses. (B) Establishing or improving prescription drug monitoring programs. (C) Training for health care practitioners, such as best practices for prescribing opioids and stimulants, pain management, recognizing potential cases of substance use disorders, referral of patients to treatment programs, preventing diversion of controlled substances, and overdose prevention. (D) Supporting access to health care services, including— (i) services provided by federally-certified opioid or stimulant treatment programs; (ii) outpatient and residential substance use disorder treatment services that utilize, or refer patients to, medication-assisted treatment, where clinically appropriate; (iii) services to treat substance use disorders provided by other appropriate health care providers and at other locations; or (iv) overdose prevention programs and services, including drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected overdose. (E) Recovery support services, including— (i) community-based services that include peer supports; (ii) mutual aid recovery programs that support medication-assisted treatment; (iii) services to address housing needs, transportation needs, food insecurity, and employment issues; or (iv) resources or programs that support families that include an individual with a substance use disorder, including education, training, outreach, and peer support services. (F) Other public health-related activities, as the grant recipient determines appropriate, related to addressing substance use disorders within the State, Indian Tribe, Tribal organization, or Urban Indian organization, including directing resources in accordance with local needs related to substance use disorders. (c) Accountability and oversight A State receiving a grant under subsection (b) shall include in reporting related to substance use disorders submitted to the Secretary pursuant to section 1942 of the Public Health Service Act ( 42 U.S.C. 300x–52 (1) the purposes for which the grant funds received by the State under such subsection for the preceding fiscal year were expended and a description of the activities of the State under the grant; (2) the ultimate recipients of amounts provided to the State; and (3) the number of individuals served through each of the activities of the State under the grant and the total number of individuals served through the grant. (d) Limitations Any funds made available pursuant to subsection (i)— (1) notwithstanding any transfer authority in any appropriations Act, shall not be used for any purpose other than the grant program under subsection (b); and (2) shall be subject to the same requirements as substance use disorders prevention and treatment programs under titles V and XIX of the Public Health Service Act ( 42 U.S.C. 290aa et seq. (e) Indian Tribes, Tribal organizations, and Urban Indian organizations The Secretary, in consultation with Indian Tribes, Tribal organizations, and Urban Indian organizations, shall identify and establish appropriate mechanisms for Indian Tribes, Tribal organizations, and Urban Indian organizations to demonstrate or report information as required under subsections (b), (c), and (d). (f) Report to Congress Not later than September 30, 2024, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report that includes a summary of the information provided to the Secretary in reports made pursuant to subsections (c) and (e), including— (1) the purposes for which grant funds are awarded under this section; (2) the activities of the grant recipients; and (3) for each State, Indian Tribe, Tribal organization, and Urban Indian organization that receives a grant under this section, the funding level provided to such recipient. (g) Technical assistance The Secretary, acting, as appropriate, through the Tribal Training and Technical Assistance Center of the Substance Abuse and Mental Health Services Administration, shall provide States, Indian Tribes, Tribal organizations, and Urban Indian organizations, as applicable, with— (1) technical assistance concerning grant application and submission procedures under this section; (2) award management activities; and (3) enhancement of outreach and direct support to rural and underserved communities and providers in addressing substance use disorders. (h) Definitions In this section: (1) Indian Tribe; Tribal organization The terms Indian Tribe Tribal organization 25 U.S.C. 5304 (2) State The term State 42 U.S.C. 300x–64(b) (3) Urban indian organization The term Urban Indian organization 25 U.S.C. 1603 (i) Authorization of appropriations (1) In general For purposes of carrying out the grant program under subsection (b), there is authorized to be appropriated $2,700,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. (2) Federal administrative expenses Of the amounts made available for each fiscal year to award grants under subsection (b), the Secretary shall use not more than 2 percent for Federal administrative expenses, training, technical assistance, and evaluation. (3) Set aside Of the amounts made available for each fiscal year to award grants under subsection (b) for a fiscal year, the Secretary shall— (A) award 5 percent to Indian Tribes, Tribal organizations, and Urban Indian organizations; and (B) award up to 15 percent to States with the highest age-adjusted rates of drug overdose death over the most recent 2-year period, according to the Director of the Centers for Disease Control and Prevention. .
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State Opioid Response Grant Authorization Act of 2022
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Moms Matter Act This bill establishes two grant programs to address maternal mental health conditions and substance use disorders, with a focus on racial and ethnic minority groups. First, the Substance Abuse and Mental Health Services Administration must award grants for maternal behavioral health services. Eligible grantees include state, tribal, and local governments; health care providers; and organizations that serve pregnant and postpartum individuals. Second, the Department of Health and Human Services may award grants to grow and diversify the maternal mental and behavioral health workforce by establishing or expanding schools and training programs.
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117 S484 IS: Moms Matter Act U.S. Senate 2021-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 484 IN THE SENATE OF THE UNITED STATES February 25, 2021 Mrs. Gillibrand Ms. Smith Mrs. Shaheen Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To establish grant programs for maternal mental health equity and to grow and diversify the maternal mental and behavioral health care workforce. 1. Short title This Act may be cited as the Moms Matter Act 2. Maternal mental health equity grant program (a) In general The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall establish a program to award grants to eligible entities to address maternal mental health conditions and substance use disorders with respect to pregnant and postpartum individuals, with a focus on racial and ethnic minority groups. (b) Application To be eligible to receive a grant under this section an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may provide, including how such entity will use funds for activities described in subsection (d) that are culturally congruent. (c) Priority In awarding grants under this section, the Secretary shall give priority to an eligible entity that— (1) is, or will partner with, a community-based organization to address maternal mental health conditions and substance use disorders described in subsection (a); (2) is operating in an area with high rates of— (A) adverse maternal health outcomes; or (B) significant racial or ethnic disparities in maternal health outcomes; and (3) is operating in a health professional shortage area designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e (d) Use of funds An eligible entity that receives a grant under this section shall use funds for the following: (1) Establishing or expanding maternity care programs to improve the integration of maternal health and behavioral health care services into primary care settings where pregnant individuals regularly receive health care services. (2) Establishing or expanding group prenatal care programs or postpartum care programs. (3) Expanding existing programs that improve maternal mental and behavioral health during the prenatal and postpartum periods, with a focus on individuals from racial and ethnic minority groups. (4) Providing services and support for pregnant and postpartum individuals with maternal mental health conditions and substance use disorders, including referrals to addiction treatment centers that offer evidence-based treatment options. (5) Addressing stigma associated with maternal mental health conditions and substance use disorders, with a focus on racial and ethnic minority groups. (6) Raising awareness of warning signs of maternal mental health conditions and substance use disorders, with a focus on pregnant and postpartum individuals from racial and ethnic minority groups. (7) Establishing or expanding programs to prevent suicide or self-harm among pregnant and postpartum individuals. (8) Offering evidence-aligned programs at freestanding birth centers that provide maternal mental and behavioral health care education, treatments, and services, and other services for individuals throughout the prenatal and postpartum period. (9) Establishing or expanding programs to provide education and training to maternity care providers with respect to— (A) identifying potential warning signs for maternal mental health conditions or substance use disorders in pregnant and postpartum individuals, with a focus on individuals from racial and ethnic minority groups; and (B) in the case where such providers identify such warning signs, offering referrals to mental and behavioral health care professionals. (10) Developing a website, or other source, that includes information on health care providers who treat maternal mental health conditions and substance use disorders. (11) Establishing or expanding programs in communities to improve coordination between maternity care providers and mental and behavioral health care providers who treat maternal mental health conditions and substance use disorders, including through the use of toll-free hotlines. (12) Carrying out other programs aligned with evidence-based practices for addressing maternal mental health conditions and substance use disorders for pregnant and postpartum individuals from racial and ethnic minority groups. (e) Reporting (1) Eligible entities An eligible entity that receives a grant under subsection (a) shall submit annually to the Secretary, and make publicly available, a report on the activities conducted using funds received through a grant under this section. Such reports shall include quantitative and qualitative evaluations of such activities, including the experience of individuals who received health care through such grant. (2) Secretary Not later than the end of fiscal year 2024, the Secretary shall submit to Congress a report that includes— (A) a summary of the reports received under paragraph (1); (B) an evaluation of the effectiveness of grants awarded under this section; (C) recommendations with respect to expanding coverage of evidence-based screenings and treatments for maternal mental health conditions and substance use disorders; and (D) recommendations with respect to ensuring activities described under subsection (d) continue after the end of a grant period. (f) Definitions In this section: (1) Culturally congruent The term culturally congruent (2) Eligible entity The term eligible entity (A) a community-based organization serving pregnant and postpartum individuals, including such organizations serving individuals from racial and ethnic minority groups and other underserved populations; (B) a nonprofit or patient advocacy organization with expertise in maternal mental and behavioral health; (C) a maternity care provider; (D) a mental or behavioral health care provider who treats maternal mental health conditions or substance use disorders; (E) a State or local governmental entity, including a State or local public health department; (F) an Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (G) an Urban Indian organization (as such term is defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 (3) Freestanding birth center The term freestanding birth center 42 U.S.C. 1396d(1) (4) Maternity care provider The term maternity care provider (A) is a physician, physician assistant, midwife who meets at a minimum the international definition of the midwife and global standards for midwifery education as established by the International Confederation of Midwives, nurse practitioner, or clinical nurse specialist; and (B) has a focus on maternal or perinatal health. (5) Postpartum and postpartum period The terms postpartum postpartum period (6) Racial and ethnic minority group The term racial and ethnic minority group 42 U.S.C. 300u–6(g)(1) (7) Secretary The term Secretary (g) Authorization of appropriations To carry out this section, there is authorized to be appropriated $25,000,000 for each of fiscal years 2022 through 2025. 3. Grants to grow and diversify the maternal mental and behavioral health care workforce Title VII of the Public Health Service Act is amended by inserting after section 757 of such Act ( 42 U.S.C. 294f 758. Maternal mental and behavioral health care workforce grants (a) In general The Secretary may award grants to entities to establish or expand programs described in subsection (b) to grow and diversify the maternal mental and behavioral health care workforce. (b) Use of funds Recipients of grants under this section shall use the grants to grow and diversify the maternal mental and behavioral health care workforce by— (1) establishing schools or programs that provide education and training to individuals seeking appropriate licensing or certification as mental or behavioral health care providers who will specialize in maternal mental health conditions or substance use disorders; or (2) expanding the capacity of existing schools or programs described in paragraph (1), for the purposes of increasing the number of students enrolled in such schools or programs, including by awarding scholarships for students. (c) Prioritization In awarding grants under this section, the Secretary shall give priority to any entity that— (1) has demonstrated a commitment to recruiting and retaining students and faculty from racial and ethnic minority groups; (2) has developed a strategy to recruit and retain a diverse pool of students into the maternal mental or behavioral health care workforce program or school supported by funds received through the grant, particularly from racial and ethnic minority groups and other underserved populations; (3) has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area designated under section 332; (4) has developed a strategy to recruit and retain students who plan to practice in an area with significant racial and ethnic disparities in maternal health outcomes, to the extent practicable; and (5) includes in the standard curriculum for all students within the maternal mental or behavioral health care workforce program or school a bias, racism, or discrimination training program that includes training on implicit bias and racism. (d) Reporting As a condition on receipt of a grant under this section for a maternal mental or behavioral health care workforce program or school, an entity shall agree to submit to the Secretary an annual report on the activities conducted through the grant, including— (1) the number and demographics of students participating in the program or school; (2) the extent to which students in the program or school are entering careers in— (A) health professional shortage areas designated under section 332; and (B) areas with significant racial and ethnic disparities in maternal health outcomes, to the extent such data are available; and (3) whether the program or school has included in the standard curriculum for all students a bias, racism, or discrimination training program that includes training on implicit bias and racism, and if so the effectiveness of such training program. (e) Period of grants The period of a grant under this section shall be up to 5 years. (f) Application To seek a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including any information necessary for prioritization under subsection (c). (g) Technical assistance The Secretary shall provide, directly or by contract, technical assistance to entities seeking or receiving a grant under this section on the development, use, evaluation, and post-grant period sustainability of the maternal mental or behavioral health care workforce programs or schools proposed to be, or being, established or expanded through the grant. (h) Report by the secretary Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to Congress, and post on the internet website of the Department of Health and Human Services, a report on the effectiveness of the grant program under this section at— (1) recruiting students from racial and ethnic minority groups and other underserved populations; (2) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders from racial and ethnic minority groups and other underserved populations; (3) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in health professional shortage areas designated under section 332; and (4) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in areas with significant racial and ethnic disparities in maternal health outcomes, to the extent such data are available. (i) Definitions In this section: (1) Racial and ethnic minority group The term racial and ethnic minority group (2) Mental or behavioral health care provider The term mental or behavioral health care provider (j) Authorization of appropriations To carry out this section, there is authorized to be appropriated $15,000,000 for each of fiscal years 2022 through 2026. .
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Moms Matter Act
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Protecting Pain-Capable Unborn Children from Late-Term Abortions Act This bill establishes a new criminal offense for performing or attempting to perform an abortion if the probable gestational age of the fetus is 15 weeks or more. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. The bill provides exceptions for an abortion (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.
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108 S4840 IS: Protecting Pain-Capable Unborn Children from Late-Term Abortions Act U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4840 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Graham Mr. Daines Mr. Rubio Committee on the Judiciary A BILL To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. 1. Short title This Act may be cited as the Protecting Pain-Capable Unborn Children from Late-Term Abortions Act 2. Legislative findings and declaration of constitutional authority for enactment Congress finds and declares the following: (1) Medical and other authorities now know more about human prenatal development than ever before, including that— (A) an unborn child first moves about in the womb and first reacts to touch at approximately 8 weeks gestation; (B) the eyes begin to form at 5 weeks gestation and finish forming by 10 weeks gestation; (C) eye movements can be detected by ultrasound at 12 weeks gestation; (D) by 8 to 9 weeks gestation, an unborn child has detectable brain waves; (E) at 9 weeks gestation— (i) an unborn child’s diaphragm is developing, and he or she may even hiccup; and (ii) an unborn child is beginning to move about freely in the womb; (F) by 9 to 11 weeks gestation, teeth as well as external genitalia begin to form; (G) by 10 weeks gestation— (i) all of an unborn child’s organ rudiments are formed and in place; (ii) the digestive system and kidneys start to function; and (iii) an unborn child will show a preference for either right-handedness or left-handedness; and (H) at 12 weeks gestation— (i) an unborn child can open and close his or her fingers, starts to make sucking motions, and senses stimulation from the world outside the womb; and (ii) fingernails and fingerprints begin to form. (2) The Supreme Court of the United States has acknowledged that, by at least 12 weeks gestation, an unborn child has taken on the human form (3) Pain receptors (also known as nociceptors (4) In considering the use of anesthesia for invasive medical procedures performed on the fetus, doctors have concluded, based on the evidence, that from as early as 12 weeks gestational age, and certainly by 15 weeks gestational age, the fetus is extremely sensitive to painful stimuli, making it necessary to apply adequate analgesia and anesthesia to prevent fetal suffering. (5) Substantial evidence indicates that neural elements, such as the thalamus and subcortical plate, which develop at specific times during the early development of an unborn child, serve as pain-processing structures, and are different from the neural elements used for pain processing by adults. Recent evidence, particularly since 2016, demonstrates that structures responsible for pain show signs of sufficient maturation beginning at 15 weeks of gestation. (6) In an unborn child, application of painful stimuli is associated with significant increases in stress hormones known as the stress response. (7) Subjection to painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life. (8) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. (9) The assertion by some medical experts that an unborn child is incapable of experiencing pain until a point in pregnancy later than 24 weeks gestational age predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provide strong evidence for the conclusion that a functioning cortex is not necessary to experience pain. (10) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, such as those with hydranencephaly, nevertheless experience pain. (11) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does. (12) The assertion of some medical experts that an unborn child remains in a coma-like sleep state that precludes an unborn child from experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate an unborn child with anesthesia and provide analgesia to prevent an unborn child from engaging in vigorous movement in reaction to invasive surgery. (13) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 15 weeks gestational age, if not earlier. (14) Abortion carries significant physical and psychological risks to the pregnant woman, and these physical and psychological risks increase with gestational age. (15) The majority of abortion procedures performed after 15 weeks gestation are dismemberment abortion procedures which involve the use of surgical instruments to crush and tear an unborn child apart before removing the pieces of the dead child from the womb. (16) Medical complications from dismemberment abortions include pelvic infection, incomplete abortions (retained tissue), blood clots, heavy bleeding or hemorrhage, laceration, tear, or other injury to the cervix, puncture, laceration, tear, or other injury to the uterus, injury to the bowel or bladder, depression, anxiety, substance abuse, and other emotional or psychological problems. Further, in abortions performed after 15 weeks gestation, there is a higher risk of requiring a hysterectomy, other reparative surgery, or a blood transfusion. (17) In subparagraphs (J) and (K) of section 2(14) of the Partial-Birth Abortion Ban Act of 2003 ( Public Law 108–105 confuses the medical, legal, and ethical duties of physicians to preserve and promote life, as the physician acts directly against the physical life of a child undermines the public’s perception of the appropriate role of a physician (18) The [Supreme] Court has given state and federal legislatures wide discretion to pass legislation in areas where there is medical and scientific uncertainty. The law need not give abortion doctors unfettered choice in the course of their medical practice, nor should it elevate their status above other physicians in the medical community. Medical uncertainty does not foreclose the exercise of legislative power in the abortion context any more than it does in other contexts. (19) The Supreme Court has held that [i]t is time to heed the Constitution and return the issue of abortion to the people’s elected representatives. (20) The Supreme Court has also held that [a] law regulating abortion, like other health and welfare laws, is entitled to a strong presumption of validity. (21) It is the purpose of Congress to assert a legitimate governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. (22) Congress has authority to extend protection to pain-capable unborn children under— (A) the Commerce Clause of section 8 of article I of the Constitution of the United States, as interpreted by the Supreme Court; and (B) the Equal Protection and Due Process Clauses of section 1, and the Enforcement Clause of section 5, of the 14th Amendment to the Constitution. 3. Federal minimum protections for pain-capable unborn children (a) In general Chapter 74 section 1531 1532. Federal minimum protections for pain-capable unborn children (a) Unlawful conduct Subject to subsection (g) and notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b). (b) Minimum requirements for abortions (1) Assessment of the age of the unborn child The physician performing or attempting the abortion shall first make a determination of the probable gestational age of the unborn child or reasonably rely upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of gestational age. (2) Prohibition on performance of certain abortions (A) Generally for unborn children 15 weeks or older Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable gestational age, as determined under paragraph (1), of the unborn child is 15 weeks or greater. (B) Exceptions Subparagraph (A) does not apply if— (i) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions; (ii) the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion— (I) she has obtained counseling for the rape; or (II) she has obtained medical treatment for the rape or an injury related to the rape; or (iii) the pregnancy is a result of rape against a minor or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either— (I) a government agency legally authorized to act on reports of child abuse; or (II) a law enforcement agency. (C) Requirement as to manner of procedure performed Notwithstanding the definitions of abortion attempt (D) Requirement that a physician trained in neonatal resuscitation be present If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). (E) Children born alive after attempted abortions When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002 (i) Degree of care required Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. (ii) Immediate admission to a hospital Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. (iii) Mandatory reporting of violations A health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. (F) Documentation requirements (i) Documentation pertaining to adults A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(ii) shall, prior to the abortion, place in the patient medical file documentation from a hospital licensed by the State or operated under authority of a Federal agency, a medical clinic licensed by the State or operated under authority of a Federal agency, from a personal physician licensed by the State, a counselor licensed by the State, or a victim’s rights advocate provided by a law enforcement agency that the adult woman seeking the abortion obtained medical treatment or counseling for the rape or an injury related to the rape. (ii) Documentation pertaining to minors A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file— (I) documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or (II) as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. (G) Informed consent (i) Consent form required The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. (ii) Content of consent form The Informed Consent Authorization form shall be presented in person by the physician and shall consist of— (I) a statement by the physician indicating the probable gestational age of the pain-capable unborn child; (II) a statement that Federal law allows abortion after 15 weeks probable gestational age only if— (aa) the mother’s life is endangered by a physical disorder, physical illness, or physical injury; or (bb) the pregnancy was the result of— (AA) rape; or (BB) an act of incest against a minor; (III) a statement that the pregnancy must be terminated by the method most likely to allow the child to be born alive unless this would cause significant risk to the mother; (IV) a statement that in any case in which an abortion procedure results in a child born alive, Federal law requires that child to be given every form of medical assistance that is provided to children spontaneously born prematurely, including transportation and admittance to a hospital; (V) a statement that these requirements are binding upon the physician and all other medical personnel who are subject to criminal and civil penalties and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and (VI) affirmation that each signer has filled out the informed consent form to the best of their knowledge and understands the information contained in the form. (iii) Signatories required The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness. (iv) Retention of consent form The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient’s medical file. (H) Requirement for data retention Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient’s medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient’s medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. (I) Additional exceptions and requirements (i) In cases of risk of death or major injury to the mother Subparagraphs (C), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of— (I) the death of the pregnant woman; or (II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. (ii) Exclusion of certain facilities Notwithstanding the definitions of the terms medical treatment counseling (iii) Rule of construction in cases of reports to law enforcement The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. (c) Criminal penalty Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both. (d) Bar to prosecution A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. (e) Civil remedies (1) Civil action by a woman on whom an abortion is performed A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. (2) Civil action by a parent of a minor on whom an abortion is performed A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct. (3) Appropriate relief Appropriate relief in a civil action under this subsection includes— (A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (B) statutory damages equal to 3 times the cost of the abortion; and (C) punitive damages. (4) Attorneys fees for plaintiff The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. (5) Attorneys fees for defendant If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. (6) Awards against woman Except as provided in paragraph (5), in a civil action under this subsection, no damages, attorney’s fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. (f) Data collection (1) Data submissions Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (in this subsection referred to as the Center (2) Contents of summary The summary shall include the number of abortions performed or attempted on an unborn child who had a gestational age of 15 weeks or more and specify the following for each abortion under subsection (b)(2)(B): (A) The probable gestational age of the unborn child. (B) The method used to carry out the abortion. (C) The location where the abortion was conducted. (D) The exception under subsection (b)(2)(B) under which the abortion was conducted. (E) Any incident of live birth resulting from the abortion. (3) Exclusions from data submissions A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 (4) Public report The Center shall annually issue a public report providing statistics by State for the previous year compiled from all of the summaries made to the Center under this subsection. The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. The annual report shall be issued by July 1 of the calendar year following the year in which the abortions were performed or attempted. (g) Rules of construction (1) Greater protection Nothing in this section may be construed to preempt or limit any Federal, State, or local law that provides greater protections for an unborn child than those provided in this section. (2) Creating or recognizing right Nothing in this section shall be construed to— (A) create or recognize a right to abortion; or (B) make lawful an abortion that is unlawful on the date of enactment of this section. (h) Definitions In this section the following definitions apply: (1) Abortion The term abortion (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; or (ii) to remove a dead unborn child. (2) Attempt The term attempt (3) Counseling The term counseling (4) Facility The term facility (5) Fertilization The term fertilization (6) Gestational age The term gestational age (7) Medical treatment The term medical treatment (8) Minor The term minor (9) Perform The term perform (10) Physician The term physician (11) Probable gestational age of the unborn child The term probable gestational age of the unborn child (12) Reasonable medical judgment The term reasonable medical judgment (13) State The term State (14) Unborn child The term unborn child (15) Woman The term woman . (b) Clerical amendment The table of sections at the beginning of chapter 74 1532. Federal minimum protections for pain-capable unborn child protection. . (c) Chapter heading amendments (1) Chapter heading in chapter The chapter heading for chapter 74 Partial-Birth Abortions Abortions (2) Table of chapters for part I The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows: 74. Abortions 1531 .
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Protecting Pain-Capable Unborn Children from Late-Term Abortions Act
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Love Lives On Act of 2022 This bill extends various benefit programs and services for surviving spouses of deceased members of the Armed Forces or veterans, including by extending entitlement to dependency and indemnity compensation to surviving spouses who remarry, continuing eligibility for the Survivor Benefit Plan for certain surviving spouses who remarry, and providing commissary and exchange privileges to surviving spouses, regardless of marital status.
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117 S4841 IS: Love Lives On Act of 2022 U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4841 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Warnock Mr. Moran Committee on Veterans' Affairs A BILL To amend titles 10 and 38, United States Code, to improve benefits and services for surviving spouses, and for other purposes. 1. Short title This Act may be cited as the Love Lives On Act of 2022 2. Removal of expiration on entitlement to Marine Gunnery Sergeant John David Fry Scholarship for surviving spouses Section 3311(f) of title 38, United States Code, is amended— (1) by striking paragraph (2); (2) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (3) in paragraph (2), as redesignated by paragraph (2) of this section, by striking in paragraph (4) in paragraph (3) (4) in paragraph (3)(A), as redesignated by paragraph (2) of this section, by striking under paragraph (3) under paragraph (2) 3. Modification of entitlement to veterans dependency and indemnity compensation for surviving spouses who remarry (a) In general Section 103(d) of title 38, United States Code, is amended— (1) in paragraph (2)(B)— (A) by inserting (i) The remarriage (B) in clause (i), as designated by subparagraph (A), by striking Notwithstanding the previous sentence (ii) Notwithstanding clause (i) ; and (C) by adding at the end the following new clause: (iii) Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 of this title to the surviving spouse of a veteran. ; and (2) in paragraph (5)— (A) by striking subparagraph (A); and (B) by renumbering subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively. (b) Resumption of payments to certain individuals previously denied dependency and indemnity compensation Beginning on the first day of the first month after the date of the enactment of this Act, the Secretary shall resume payment of dependency and indemnity compensation under section 1311 of such title to each living individual who— (1) is the surviving spouse of a veteran; and (2) remarried before— (A) reaching age 55; and (B) the date of the enactment of this Act. 4. Continued eligibility for survivor benefit plan for certain surviving spouses who remarry Section 1450(b)(2) of title 10, United States Code, is amended— (1) by striking An annuity (A) In general (A) Subject to subparagraph (B), an annuity ; and (2) by adding at the end the following new subparagraph: (B) Treatment of survivors of members who die on active duty The Secretary may not terminate payment of an annuity for a surviving spouse described in subparagraph (A) or (B) of section 1448(d)(1) solely because that surviving spouse remarries. In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of Love Lives On Act of 2022 (i) except as provided by clause (ii), for each month that begins on or after the date that is one year after such date of enactment; or (ii) on January 1, 2023, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019. . 5. Access to commissary and exchange privileges for remarried spouses (a) Benefits Section 1062 of title 10, United States Code, is amended— (1) by striking The Secretary of Defense (a) Certain unremarried former spouses The Secretary of Defense ; (2) by striking commissary and exchange privileges use commissary stores and MWR retail facilities (3) by adding at the end the following new subsection: (b) Certain remarried surviving spouses The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services. ; and (4) by adding at the end the following new subsection: (c) MWR retail facilities defined In this section, the term MWR retail facilities . (b) Clerical amendments (1) Section heading The heading of section 1062 of title 10, United States Code, is amended to read as follows: 1062. Certain former spouses and surviving spouses . (2) Table of sections The table of sections at the beginning of chapter 54 1062. Certain former spouses and surviving spouses. . 6. Expansion of definition of dependent under TRICARE program to include a remarried widow or widower whose subsequent marriage has ended Section 1072(2) of title 10, United States Code, is amended— (1) in subparagraph (H), by striking ; and (2) in subparagraph (I)(v), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (J) a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment. . 7. Definition of surviving spouse for purposes of veterans benefits Paragraph (3) of section 101 of title 38, United States Code, is amended to read as follows: (3) The term surviving spouse .
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Love Lives On Act of 2022
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Military to Mariners Act of 2022 This bill modifies requirements related to U.S. Merchant Marine credentials for veterans and members of the uniformed services. Specifically, the bill requires the U.S. Coast Guard to review and examine all current procedures for issuing credentials for applicants who are veterans and members of the uniformed services seeking to become merchant mariners; provide the availability for a fully internet-based application process for a merchant mariner credential; issue new regulations to reduce the paperwork, delay, and other burdens for applicants for a merchant mariner credential who are veterans and members of the uniformed services and increase the percentages of time equivalent to sea service for such applicants; reduce burdens and create a means of alternative compliance to demonstrate instructor competency for Standards of Training, Certification and Watchkeeping for Seafarers courses; and assess the use of the SkillBridge program of the Department of Defense as a means for transitioning active duty sea service personnel toward employment as a merchant mariner.
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116 S4842 IS: Military to Mariners Act of 2022 U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4842 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Cruz Ms. Cantwell Ms. Baldwin Mr. Wicker Mr. Sullivan Committee on Commerce, Science, and Transportation A BILL To require the United States Coast Guard to implement new rules for Merchant Marine credentialing for veterans and members of the Uniformed Services, and for other purposes. 1. Short title This Act may be cited as the Military to Mariners Act of 2022 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) The United States Uniformed Services are composed of the world’s most highly trained and professional servicemembers. (2) A robust Merchant Marine and ensuring United States mariners can compete in the global workforce are vital to economic and national security. (3) Attracting additional trained and credentialed mariners, particularly from active duty servicemembers and military veterans, will support United States national security requirements and provide meaningful, well-paying jobs to United States veterans. (4) There is a need to ensure that the Federal Government has a robust, state of the art, and efficient merchant mariner credentialing system to support economic and national security. (b) Sense of congress It is the sense of Congress that— (1) veterans and members of the Uniformed Services who pursue credentialing to join the United States Merchant Marine should receive vigorous support; and (2) it is incumbent upon the regulatory bodies of the United States to streamline regulations to facilitate transition of veterans and members of the Uniformed Services into the United States Merchant Marine to maintain a strong maritime presence in the United States and worldwide. 3. Modification of sea service requirements for merchant mariner credentials for veterans and members of the Uniformed Services (a) Definitions In this section: (1) Merchant mariner credential The term merchant mariner credential (2) Secretary The term Secretary (3) Uniformed Services The term Uniformed Services uniformed services (b) Review and regulations Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this Act, the Secretary shall— (1) review and examine— (A) the requirements and procedures for veterans and members of the Uniformed Services to receive a merchant mariner credential; (B) the classifications of sea service acquired through training and service as a member of the Uniformed Services and level of equivalence to sea service on merchant vessels; (C) the amount of sea service, including percent of the total time onboard for purposes of equivalent underway service, that will be accepted as required experience for all endorsements for applicants for a merchant mariner credential who are veterans or members of the Uniformed Services; (2) provide the availability for a fully internet-based application process for a merchant mariner credential, to the maximum extent practicable; and (3) issue new regulations to— (A) reduce paperwork, delay, and other burdens for applicants for a merchant mariner credential who are veterans and members of the Uniformed Services, and, if determined to be appropriate, increase the acceptable percentages of time equivalent to sea service for such applicants; and (B) reduce burdens and create a means of alternative compliance to demonstrate instructor competency for Standards of Training, Certification and Watchkeeping for Seafarers courses. (c) Consultation In carrying out subsection (b), the Secretary shall consult with the National Merchant Marine Personnel Advisory Committee taking into account the present and future needs of the United States Merchant Marine labor workforce. (d) Report Not later than 180 days after the date of enactment of this Act, the Committee on the Marine Transportation System shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Armed Services of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Armed Services of the House of Representatives, a report that contains an update on the activities carried out to implement— (1) the July 2020 report by the Committee on the Marine Transportation System to the White House Office of Trade and Manufacturing Policy on the implementation of Executive Order 13860 (84 Fed. Reg. 8407; relating to supporting the transition of active duty servicemembers and military veterans into the Merchant Marine); and (2) section 3511 of the National Defense Authorization Act of 2020 ( Public Law 116–92 (e) Assessment of skillbridge for employment as a merchant mariner The Secretary of the department in which the Coast Guard is operating, in collaboration with the Secretary of Defense, shall assess the use of the SkillBridge program of the Department of Defense as a means for transitioning active duty sea service personnel toward employment as a merchant mariner.
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Military to Mariners Act of 2022
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Taiwan Symbols of Sovereignty (SOS) Act of 2022 This bill directs the Department of State and the Department of Defense to permit representatives from Taiwan's government and armed forces to display Taiwan's flag and military insignia at U.S. government-hosted functions. (The U.S.-Taiwan relationship has been unofficial since 1979, when the United States established diplomatic relations with China and broke them with Taiwan.)
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117 S4843 IS: Taiwan Symbols of Sovereignty (SOS) Act of 2022 U.S. Senate 2022-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4843 IN THE SENATE OF THE UNITED STATES September 13, 2022 Mr. Cruz Mr. Cotton Mr. Rubio Mrs. Blackburn Mr. Young Mr. Scott of Florida Committee on Foreign Relations A BILL To permit visiting dignitaries and service members from Taiwan to display the flag of the Republic of China. 1. Short title This Act may be cited as the Taiwan Symbols of Sovereignty (SOS) Act of 2022 2. Requirement to permit dignitaries and service members from Taiwan to display the flag of the Republic of China (a) In general The Secretary of State and the Secretary of Defense shall permit members of the Armed Forces and Government representatives from the Republic of China (Taiwan) or the Taipei Economic and Cultural Representative Office (TECRO) to display, for the official purposes set forth in subsection (b), symbols of Republic of China sovereignty, including— (1) the flag of the Republic of China (Taiwan); and (2) the corresponding emblems or insignia of military units. (b) Official purposes The official purposes referred to in subsection (a) are— (1) the wearing of official uniforms; (2) conducting government hosted ceremonies or functions; and (3) appearances on Department of State and Department of Defense social media accounts promoting engagements with Taiwan.
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Taiwan Symbols of Sovereignty (SOS) Act of 2022
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National Nursing Workforce Center Act of 2022 This bill sets out a pilot program to support state agencies, state boards of nursing, nursing schools, or other eligible entities with establishing or expanding state-based nursing workforce centers that carry out research, planning, and programs to address nursing shortages, nursing education, and other matters affecting the nursing workforce. The bill also expands the authority of the Health Resources and Services Administration (HRSA) to establish health workforce research centers and specifically requires that HRSA establish a center focused on nursing.
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117 S4844 IS: National Nursing Workforce Center Act of 2022 U.S. Senate 2022-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4844 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Merkley Mr. Tillis Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. 1. Short title This Act may be cited as the National Nursing Workforce Center Act of 2022 2. State nursing workforce centers Title VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. (1) by redesignating part G ( 42 U.S.C. 295j et seq. (2) by inserting after part F the following new part: G Nursing workforce centers 785. State and regional nursing workforce center data collection pilot program (a) In general The Secretary shall carry out a 3-year pilot program to establish new or enhance existing State-based nursing workforce centers, evaluate the impact of State-based nursing workforce centers on outcomes, and assess the feasibility of nursing workforce public-private partnerships. The Secretary shall begin implementation of such pilot program not later than 1 year after the date of enactment of the National Nursing Workforce Center Act of 2022 (b) Grant terms (1) Number of grants awarded The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). (2) Term The term of a grant awarded under the pilot program under subsection (a) shall be 3 years. (3) Matching requirement As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non-Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. Such contributions may be made directly or through donations from public or private entities. (c) Eligibility To be eligible to receive a grant under this section, an entity shall be— (1) a State agency; (2) a State board of nursing; (3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; (4) a community-based organization; (5) a school of nursing (as defined in section 801); or (6) a school or program determined by the Secretary to be an eligible entity for purposes of this section. (d) Equitable distribution In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among— (1) the geographical regions of the United States; and (2) States with an existing nursing workforce center and States without any such existing center. (e) Priority In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that— (1) propose to provide statewide services; (2) have expertise in the State’s nursing workforce issues; (3) have a history of convening entities to address nursing workforce issues; and (4) have partnerships with entities that traditionally educate and employ the State’s nurses. (f) Use of funds A nursing workforce center supported under this section may use funds provided under this section for the following statewide activities: (1) Conducting comprehensive analysis of and research on— (A) existing State nursing workforce data and gaps in such data; (B) 2- and 4-year nursing education programs, including with respect to— (i) faculty capacity and pay; (ii) enrollment, retention, and graduation; (iii) services for nursing students and the outcomes of such services; (iv) facility needs; and (v) clinical placement capacity; (C) State-specific scholarships, grants, and financial aid; and (D) factors contributing to retention and recruitment challenges and to nurses leaving the workplace or profession. (2) Conducting strategic nursing workforce planning with employers across all work settings and nursing education. (3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. (4) Establishing and implementing programs to— (A) support and retain faculty to increase enrollment in schools of nursing; (B) recruit and retain nurses in all settings where nurses practice; (C) support leadership development; (D) prepare the nursing workforce to address social determinants of health and health inequities; (E) prepare nurses for public health crisis and pandemic response; (F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and (G) diversify the nursing workforce. (g) Reports Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. Each such report shall include— (1) a description of initiatives to study the unique characteristics of State nursing workforces, and efforts to increase the number of new nurses, recruit nurses to the nursing profession, and retain nurses in the workplace; (2) impact data on nurses served by nursing workforce centers, including demographic information of the individuals served, the number of such individuals, and the types of services provided; (3) the effectiveness of establishing formal public-private relationships at understanding the national nursing workforce through improved data collection and standardization; (4) data on continuous evaluation and quality improvement, and other relevant data as determined by the Secretary; and (5) the Secretary’s recommendations and best practices for— (A) reducing shortages among different nursing specialties; (B) reducing shortages in rural and underserved areas; (C) improving geographical distribution of the nursing workforce; and (D) reducing shortages among different types of nursing employers. (h) Authorization of appropriations To carry out this section, out of funds appropriated to the general departmental management account of the Office of the Secretary, there is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2025. . 3. State and regional centers for health workforce analysis (a) Expansion of covered programs Section 761(c)(1)(A) of the Public Health Service Act ( 42 U.S.C. 294n(c)(1)(A) under this title under this Act (b) Analysis and technical assistance Section 761(c) of the Public Health Service Act ( 42 U.S.C. 294n(c) (3) Minimum requirement At least one grant or contract awarded under this subsection shall be awarded to an eligible entity that demonstrates— (A) a mission to advance and support the nursing workforce; (B) experience and expertise in guiding State-level nursing workforce centers; (C) experience in working with nursing workforce data; (D) expertise in analytical methods and tools appropriate for nursing workforce research; and (E) awareness of emerging topics, issues, and trends related to the nursing workforce. (4) Analysis and reporting Analysis and reporting carried out pursuant to a grant or contract under this subsection may include— (A) collaborating with nursing workforce centers to produce or deliver, with respect to the supply of nurses, the demand for nurses, and the capacity to educate and train the nursing workforce— (i) regional and national reports; (ii) articles in peer-reviewed journals; (iii) presentations at national and international conferences and meetings; and (iv) policy briefs, fact sheets, articles, blogs, and other publications available in the public domain; (B) evaluating the programs and activities of the nursing workforce centers overall; (C) developing evidence-based or evidence-informed strategies and best practices to alleviate nursing workforce shortages across States and regions; and (D) conducting rapid data analysis and short-term, issue-specific research. (5) Technical Assistance Technical assistance provided pursuant to this subsection may include— (A) providing technical assistance to nursing workforce centers on the collection, analysis, and reporting of standardized supply, demand, and education and training data to inform analysis conducted pursuant to paragraph (1); (B) collaborating with nursing workforce centers to identify and deliver evidence-based or evidence-informed strategies to alleviate nursing shortages and the maldistribution of nurses; (C) providing online and in-person training opportunities for nurses and other staff at nursing workforce centers; and (D) developing and maintaining a website that— (i) is accessible to grant and contract recipients under section 785 and this section; (ii) supports resources for the provision of technical assistance under this section, such as— (I) evidence-based or evidence-informed educational materials, tools, recent findings of interest, and links to relevant resources; and (II) logistical and administrative information, such as online trainings, webinars, and publications; and (iii) includes a publicly accessible repository of webinars, tools, and resources. (6) Definition In this subsection, the term nursing workforce center .
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National Nursing Workforce Center Act of 2022
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Securing Our Schools Act of 2022 This bill provides funding and resources to (1) strengthen security on school premises, and (2) provide access to student mental health resources. It also generally prohibits the use of federal funding provided by this bill for abortions.
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116 S4845 IS: Securing Our Schools Act of 2022 U.S. Senate 2022-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4845 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Cruz Mr. Barrasso Committee on Health, Education, Labor, and Pensions A BILL To provide for safe schools and safe communities. 1. Short title This Act may be cited as the Securing Our Schools Act of 2022 2. Nonprofit security grant program Section 2009 of the Homeland Security Act of 2002 ( 6 U.S.C. 609a (1) in subsection (e), by striking 2020 through 2024 2023 through 2030 (2) by redesignating subsection (f) as subsection (i); (3) by inserting after subsection (e) the following: (f) Feedback (1) In general If the Administrator denies an application for a grant under this section, not later than 120 days after the date of the denial, the Administrator shall— (A) notify the applicant; and (B) provide an explanation for the denial. (2) Explanation An explanation described in paragraph (1)(B) shall include information identifying the reason for the denial of the application, including— (A) any factors that led to a lower score or rank compared to other applicants; and (B) an identification of any deficiencies in the application. (g) Administrative costs and technical assistance A State through which the Administrator makes a grant to an eligible nonprofit organization under this section shall receive a 5-percent increase in the amount of the grant— (1) for administrative costs; and (2) to provide technical assistance to the eligible nonprofit organization. (h) Application update and improvements (1) Public meeting Not later than 90 days after the date of enactment of the Securing Our Schools Act of 2022 (2) Report Not later than 180 days after the date of enactment of the Securing Our Schools Act of 2022 (A) develop recommendations to modernize and update the application process for a grant under this section, which shall include considerations for— (i) establishing a more streamlined application process; (ii) establishing greater uniformity in the application process among all applicants and the guidance provided to States through which the Administrator makes grants to eligible nonprofit organizations under this section; (iii) ensuring that the application template is compatible with the latest or most widely used version of software programs; and (iv) coordinating with the Administrator of General Services to ensure that applications submitted under this section are compatible across online platforms of the Federal Government; and (B) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes— (i) the recommendations developed under subparagraph (A); and (ii) a description of whether the recommendations developed under subparagraph (A) are consistent with feedback received at the public meeting required under paragraph (1). (3) Implementation of recommendations Not later than 270 days after the date of enactment of the Securing Our Schools Act of 2022 (4) Paperwork reduction act waiver For the purpose of meeting the deadlines established under this subsection, the Secretary may waive the application of subchapter I of chapter 35 ; and (4) in subsection (i), as so redesignated— (A) in paragraph (1), by striking $75 million for each of fiscal years 2020 through 2024 $540,000,000 for each of fiscal years 2023 through 2030 (B) by striking paragraph (2); and (C) by adding at the end the following: (2) High-risk urban areas Of the amounts made available to carry out this section for each of fiscal years 2023 through 2030, not less than 0.35 percent shall be for grants to eligible recipients located in each high-risk urban area receiving grants under section 2003. (3) Salaries and expenses Of the amounts made available to carry out this section in any fiscal year, the Administrator may transfer to another account of the Federal Emergency Management Agency not more than 3 percent for salaries and administrative expenses, including any necessary expenses to provide feedback or technical assistance to applicants for a grant under this section in accordance with subsection (g). . 3. Securing schools (a) In general (1) Appropriation There are authorized to be appropriated, and there are appropriated, to the Secretary of Education to carry out subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7111 (2) School security The Secretary of Education shall use 50 percent of the funds appropriated under paragraph (1) to carry out clause (v) of section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7114(b)(3)(B) (b) Elementary and Secondary Education Act of 1965 Section 4104 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7114 (1) in clause (iii), by striking and (2) by inserting after clause (iv) the following: (v) improving school conditions for student learning, by enabling local educational agencies to use funds available under subsection (a)(3) for the purpose of planning and designing school buildings and facilities, installing infrastructure, and implementing technology or other measures, that strengthen security on school premises, which may include— (I) controlling access to school premises or facilities, through the use of metal detectors, or other measures, or technology, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available), which may include— (aa) secured campus external gate or locked doors or check-in points; (bb) active shooter alert systems; (cc) access control; (dd) internal door locks; (ee) peepholes for classroom doors; (ff) school site alarm and protection systems; (gg) metal detectors or x-ray machines (including portable); (hh) door locking mechanisms and access control doors; (ii) increased lighting on school grounds; (jj) emergency call boxes; (kk) two-way radios; (ll) emergency alerts; (mm) surveillance cameras or systems and infrastructure (such as poles and wiring); (nn) software costs and warranties; (oo) fencing and gating; and (pp) emergency generators to provide back-up power for phone systems, critical lighting, and essential outlets; (II) implementing any technology or measure, or installing any infrastructure, to cover and conceal students within the school during crisis situations; (III) implementing technology to provide coordination with law enforcement and notification to relevant law enforcement and first responders during such a situation, which shall include— (aa) emergency planning and preparation; (bb) emphasis on a school safety plan with buy in from all elements of the school community, including board members, employees, students, parents, law enforcers, government and business leaders, the media, and local residents; (cc) school implementation of threat assessment programs; (dd) development of district-based mandatory incident reporting systems; (ee) establishment of local school safety advisory groups (including parents, families, judges, first responders, health and human service professionals, and mental health professionals); (ff) evidence-based training for school resource officers, school personnel, and students to prevent student violence to enable them to recognize and quickly respond to warning signs; (gg) development and operations of anonymous reporting systems; (hh) evidence-based school threat assessment and crisis intervention teams; (ii) programs to facilitate coordination with local law enforcement; (jj) liability and insurance for school districts; (kk) trauma-informed training for school staff on responses to active shooter situations; and (ll) community engagement for planning and implementing safety policies and procedures; (IV) implementing any technology or measure, including hiring school security officers, or installing any infrastructure, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available) to increase the safety of school students and staff; (V) implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet-resistant doors and windows; and (VI) implementing any technology or system that would reduce the time needed to disseminate official information to parents regarding the safety of their children during and immediately following a crisis; . 4. Improving school security through the COPS ON THE BEAT program Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b) (1) in paragraph (22), by striking and (2) in paragraph (23), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (24) to pay salaries and expenses of school resource officers at public, charter, and private elementary schools and secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (25) to improve physical school security at public, charter, and private elementary schools and secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (A) fencing, external gates, door locks, and check-in points, to establish a secured campus; (B) active shooter alert systems; (C) access controls; (D) internal door locks; (E) school site alarm and protection systems; (F) metal detector or x-ray machines (including portable machines); (G) ballistic safety equipment for schools and responding law enforcement officers; (H) increased lighting on school grounds; (I) emergency call boxes; (J) two-way radios; (K) emergency alert systems; (L) surveillance cameras or systems, including infrastructure for such systems such as poles and wiring; (M) software costs and warranties; and (N) emergency generators to provide back-up power for phone systems, critical lighting, and essential outlets. . 5. Student mental health (a) Student access to mental health program fund (1) Definitions In this subsection: (A) Eligible school The term eligible school (B) Secretary The term Secretary (2) Student access to mental health program fund (A) In general From the funds made available to carry out section 2001 of the American Rescue Plan Act of 2021 ( 20 U.S.C. 3401 Student Access to Mental Health Program Fund (B) Allocation From the amounts available in the Fund established under subparagraph (A), the Secretary shall make an allocation to each State in the same proportion as the number of eligible schools located in the State. (C) Partnership (i) In general A State awarded a grant under this subsection shall comply with the following: (I) The State shall use the grant funds to cover the cost of the salary, which shall be not more than $55,000, for 10 years for a mental health professional to serve eligible schools located in the State. Such mental health professional shall serve not more than 5 eligible schools in any school year by rotating among the schools for not less than 1 day a week at each such school. (II) The State shall expend non-Federal funds to pay for the other costs of recruitment, training, and benefits for each such mental health professional, and any other expenses related to such employment. (ii) Conditions of grants A State awarded a grant under this subsection shall require that each eligible school served by the grant— (I) provide to the parents of any student enrolled in the school who has not reached age 19 who meets with a mental health professional employed at the school with all counseling records and mental health assessments for such student; (II) not teach Critical Race Theory or include Critical Race Theory in any school program; and (III) not advocate for abortion or abortion services in any form. (b) Funds for programs The unobligated balance of funds made available to carry out sections 2021 and 6002 of the American Rescue Plan Act of 2021 ( Public Law 117–2 (1) Project AWARE State Educational Agency Grant Program carried out by the Secretary of Health and Human Services. (2) Student Support and Academic Enrichment Grant Program carried out by the Secretary of Education. (3) Community Mental Health Services Block Grant Program carried out by the Secretary of Health and Human Services. (4) Children’s Mental Health Initiative of the Substance Abuse and Mental Health Services Administration. (c) Best practices (1) ESEA definitions In this subsection, the terms elementary school secondary school 20 U.S.C. 7801 (2) Development and dissemination of best practices Not later than 1 year after the date of enactment of this Act, the Administrator of the Substance Abuse and Mental Health Services Administration, the Secretary of Health and Human Services, and the Secretary of Education shall work in consultation to— (A) develop best practices for identifying warning signs of mental health problems with students and identify warning signs for teachers and administrator that a student is at high-risk for violence, specifically for a mass shooting; (B) develop best practices for identifying warning signs of mental health problems with children and identify warning signs for individuals who work at a social service agency that a child under the age of 18 is at high-risk for violence, specifically for a mass shooting; and (C) disseminate the best practices developed under subparagraphs (A) and (B) to each elementary school and secondary school in the United States, and publish the best practices on a publicly accessible website of the Department of Education and the Substance Abuse and Mental Health Services Administration. (d) GAO study (1) In general The Comptroller General of the United States shall conduct a study on how many elementary schools and secondary schools in the United States have a mental health provider for students, how many students take advantage of the mental health services, the main causes for students to access the services. (2) ESEA definitions In this subsection, the terms elementary school secondary school 20 U.S.C. 7801 6. Authorization and appropriations of funds The unobligated balance of funds made available to carry out section 18003 of division B of the CARES Act ( Public Law 116–136 Public Law 116–260 20 U.S.C. 3401 7. No Federal funding for abortions (a) In general No funds authorized or appropriated by this Act, or an amendment made by this Act, shall be expended for any abortion or counseling that results in encouraging, facilitating, or referral for an abortion. (b) Health benefits coverage No funds authorized or appropriated by this Act, or an amendment made by this Act, shall be expended for health benefits coverage that includes coverage of abortion. (c) Exceptions The limitations established in paragraphs (a) and (b) shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
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Securing Our Schools Act of 2022
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Law Enforcement Scenario-Based Training for Safety and De-Escalation Act of 2022 This bill directs the Office of Community Oriented Policing Services within the Department of Justice to develop a scenario-based training curriculum that addresses topics such as de-escalation and use of deadly force. The bill authorizes grants for entities to provide law enforcement personnel with training that is substantially similar to the curriculum.
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117 S4847 IS: Law Enforcement Scenario-Based Training for Safety and De-Escalation Act of 2022 U.S. Senate 2022-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4847 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Brown Mr. Tillis Committee on the Judiciary A BILL To develop a scenario-based training curriculum for law enforcement personnel, and for other purposes. 1. Short title This Act may be cited as the Law Enforcement Scenario-Based Training for Safety and De-Escalation Act of 2022 2. Law enforcement scenario-based training curriculum (a) In general Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services, shall develop a scenario-based training curriculum for use in accordance with the grant program under section 3. (b) Curriculum In developing the curriculum under subsection (a), the Attorney General shall— (1) develop a scenario-based training curriculum that addresses— (A) improving community-police relations; (B) officer safety; (C) officer resilience; (D) situational awareness; (E) physical and emotional responses to stress; (F) critical decision-making and problem-solving; (G) de-escalation; (H) use of force and deadly force; and (I) crisis intervention; (2) consult with relevant professional law enforcement associations, community-based organizations, and defense and national security agencies in the development and dissemination of the curriculum; (3) provide expertise and technical assistance to entities seeking to implement the curriculum; (4) evaluate best practices of scenario-based training methods and curriculum content to maintain state-of-the-art expertise in scenario-based learning methodology; and (5) develop a certification process for entities that have successfully implemented the curriculum. 3. Law enforcement scenario-based training grant program (a) In general Beginning on the date that is 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services, shall be authorized to make grants to States, units of local government, Indian Tribal governments, other public and private entities, and multi-jurisdictional or regional consortia to provide law enforcement personnel with access to a scenario-based training curriculum that is substantially similar to the curriculum developed under section 2. (b) Application An applicant seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. (c) Reports (1) Grantee reports On the date that is 1 year after receiving a grant under this section, each grant recipient shall submit to the Attorney General a report on— (A) any benefits of, and barriers to, delivering the curriculum to law enforcement personnel; and (B) recommendations for improving the access of law enforcement personnel to scenario-based training. (2) Office of Community Oriented Policing Services reports Not later than 1 year after initially awarding grants under this section, and annually thereafter, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services, shall submit to Congress a report on— (A) the number of entities that received grants under this section; (B) the cumulative number and proportion of law enforcement personnel in each State that received training under the scenario-based training curriculum described in section 2, or a curriculum that is substantially similar to that curriculum; (C) any benefits of, and barriers to, delivering such curriculum to law enforcement personnel; (D) recommendations for improving the curriculum developed under section 2; and (E) recommendations for improving the grant program under this section. (d) Funding No additional funds are authorized to be appropriated to carry out this Act. The Attorney General shall carry out this Act using unobligated amounts that are otherwise made available to the Department of Justice. 4. Definitions In this Act: (1) Community-based organizations The term community-based organization (A) works in communities to improve police accountability and transparency; and (B) has a national presence and membership. (2) Professional law enforcement association The term professional law enforcement association (3) Scenario-based training The term scenario-based training (4) State The term State
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Law Enforcement Scenario-Based Training for Safety and De-Escalation Act of 2022
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Russia is a State Sponsor of Terrorism Act This bill designates Russia as a state sponsor of terrorism. (A country with this designation is subject to certain restrictions, including a ban on receiving U.S. defense exports and limits on receiving U.S. foreign assistance.)
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117 S4848 IS: Russia is a State Sponsor of Terrorism Act U.S. Senate 2022-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4848 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Graham Mr. Blumenthal Committee on Foreign Relations A BILL To provide for the designation of the Russian Federation as a state sponsor of terrorism. 1. Short title This Act may be cited as the Russia is a State Sponsor of Terrorism Act 2. Findings Congress finds the following: (1) United States law authorizes the designation of countries that have repeatedly provided support for acts of international terrorism as state sponsors of terrorism. (2) Cuba, the Democratic People’s Republic of Korea, Iran, and Syria have been designated as state sponsors of terrorism. (3) At the direction of President Vladimir Putin, the Government of the Russian Federation has promoted, and continues to promote, acts of international terrorism against political opponents and nation states. (4) Under the orders of President Putin, the Government of the Russian Federation engaged in a campaign of terror that utilized brutal force to target its civilians during the Second Chechen War. (5) Actions by the Government of the Russian Federation against civilian centers, such as Grozny (the capital of Chechnya), left countless innocent men, women, and children dead or wounded. (6) Since 2014, the Government of the Russian Federation— (A) has supported separatists engaging in acts of violence against Ukrainian civilians in the Donbas region; and (B) has detained United States citizens as hostages. (7) The Government of the Russian Federation provides material support to Syria, a nation currently designated as a state sponsor of terrorism. (8) According to the Congressional Research Service, the Russian Federation spreads terror throughout the world through private military networks of mercenaries, such as the Wagner Group, in an effort to project power cheaply and deniably (9) The Wagner Group collaborates with the Ministry of Defense of the Russian Federation to support the foreign policy objectives of the Russian Federation. (10) The Department of the Treasury— (A) has identified the Wagner Group as a designated Russian Ministry of Defense proxy force (B) has stated that Wagner’s activities in other countries, including Ukraine, Syria, Sudan, and Libya, have generated insecurity and incited violence against innocent civilians (11) In February 2022, more than 400 Russian mercenaries from the Wagner Group were dispatched to Kyiv with orders from the Kremlin to assassinate President Volodymyr Zelensky and members of the Government of Ukraine. (12) On March 1, 2022, Jason Blazakis, former Director of the Counterterrorism Finance and Designations Office, Bureau of Counterterrorism, Department of State, wrote in reference to white supremacist groups that Russia provides sanctuary to a U.S.-designated terrorist group, the Russian Imperial Movement, which operates with impunity in Russian territory. (13) On March 17, 2022, President Volodymyr Zelensky called for the world to acknowledge the Russian Federation as a terrorist state. (14) The Verkhovna Rada of Ukraine has appealed to Congress to encourage the Department of State to recognize the Russian Federation as a state sponsor of terrorism, noting that the Russian Federation has for years supported and financed terrorist regimes and terrorist organizations, including being the main supplier of weapons to the Assad regime in Syria and supporting terrorists in the Middle East and Latin America, organizing acts of international terrorism, including the poisoning of the Skripal family in the United Kingdom of Great Britain and Northern Ireland, the downing of a civilian Malaysian airliner and other acts of terrorism (15) On May 24, 2022, Ukrainian prosecutors accused 2 Wagner Group mercenaries of committing war crimes against civilians near Kyiv. (16) On July 18, 2022, the United Kingdom’s Ministry of Defence confirmed that the Wagner Group plays a central role in recent fighting in Ukraine, including Russia’s capture of Popasna and Lysyschansk. (17) The United States has a range of tools available to hold the Russian Federation accountable, reduce its war machine, and isolate it economically and diplomatically, including by designating it as a state sponsor of terrorism and imposing corresponding sanctions. 3. Designation of the Russian Federation as a state sponsor of terrorism (a) In general Beginning on the date of the enactment of this Act, the Russian Federation shall be deemed to have repeatedly provided support for acts of international terrorism and shall be designated as a state sponsor of terrorism pursuant to— (1) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) (2) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) (3) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) (4) any other relevant provision of law. (b) Technical and conforming amendments Section 1605A(h)(6) of title 28, United States Code, is amended— (1) by inserting Congress or the Secretary of State (2) by striking section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) 4. Waiver The President may remove the designation required under section 3(a) on the date that is 30 days after the date on which the President certifies to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (1) the Russian Federation is no longer supporting acts of international terrorism; and (2) removing such designation is in the national security interests of the United States.
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Russia is a State Sponsor of Terrorism Act
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Oil Spill Response Review Act of 2022 This bill directs the U.S. Coast Guard to develop and carry out a process to update its review of vessel response plans by increasing the collection and improving the quality of incident data on oil spill location and response capability. The bill also expands expenditure purposes of the Oil Spill Liability Trust Fund. Additionally, the Government Accountability Office must conduct a study on Coast Guard and Environmental Protection Agency oversight of national, regional, and local area oil spill response frameworks.
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117 S4849 IS: Oil Spill Response Review Act of 2022 U.S. Senate 2022-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4849 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mr. Markey Committee on Commerce, Science, and Transportation A BILL To require the Commandant of the Coast Guard to establish a process to update the vessel response plan program, and for other purposes. 1. Short title This Act may be cited as the Oil Spill Response Review Act of 2022 2. Findings Congress makes the following findings: (1) Even a minor oil spill can cause significant harm to individual organisms, entire populations, and ecosystems. (2) The impacts from certain oil spills can last for years or even decades. (3) The 2010 Deepwater Horizon oil spill in the Gulf of Mexico released more than 100,000,000 gallons of oil before it was contained 86 days later. (4) The 1989 Exxon Valdez spill released about 11,000,000 gallons of oil, and cleanup efforts continued intermittently for 3 years. (5) Since 2018, the Coast Guard has only verified the accuracy of salvage and marine firefighting information in 71 of over 3,000 submitted VRPs. (6) The National Response Center collects oil spill incident data, but data are often initial, unverified estimates. 3. Definitions In this Act: (1) Commandant The term Commandant (2) ACP The term ACP (3) VRP The term VRP 4. Increasing data collection and verification to update the VRP program (a) In general The Commandant shall develop and carry out a process to update its review of VRPs, which are required to be submitted to the Coast Guard under part 155 of title 33, Code of Federal Regulations, by increasing the collection and improving the quality of incident data on oil spill location and response capability. (b) Activities In developing and carrying out the process required by subsection (a), the Commandant shall— (1) not less frequently than every 3 years, verify the efficacy of— (A) information submitted to the Commandant pursuant to part 300 of title 40, Code of Federal Regulations (or successor regulations), through random selection and auditing of all reported information from not less than 30 percent of— (i) submitted VRPs; (ii) area drills conducted pursuant to section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) (iii) responses to oil spill incidents that require mobilization of contracted response resources; and (B) oil spill data stored in the Marine Information for Safety and Law Enforcement database and reported by on-scene coordinators pursuant to section 300.300 of title 40, Code of Federal Regulations (or any successor regulation); (2) not less frequently than annually, review, and update as necessary— (A) the information contained in the Coast Guard Response Resource Inventory and other tools used to document the availability and status of oil spill response equipment so as to ensure that such information and tools remain current and accurate; and (B) processes for data submission to the Response Resource Inventory to ensure that Oil Spill Removal Organizations and other participating entities submit accurate and regularly updated information; (3) establish procedures for— (A) incorporating oil spill incident data from oil spill reports and VRP exercises into— (i) VRPs, including alternative planning criteria review and approval processes; and (ii) ACP development; (B) mitigating the impact of military personnel rotations in Coast Guard field units on knowledge and awareness of VRP requirements, including knowledge relating to the evaluation of proposed alternatives to national planning requirements; and (C) evaluating the consequences of reporting inaccurate data in VRPs submitted to the Commandant pursuant to part 300 of title 40, Code of Federal Regulations, and submitted for storage in the Marine Information for Safety and Law Enforcement database pursuant to section 300.300 of that title (or any successor regulation); (4) develop standard tools, job aids, and guidance that— (A) may be shared with vessel owners and operators and Coast Guard field units to assist with accurately calculating and measuring the performance and viability of proposed alternatives against national planning criteria requirements and coastal zone ACPs; and (B) recognize regionally specific challenges; (5) review subcontracts related to submitted VRPs to ensure that all necessary equipment and response resources are obligated to satisfy the VRP planning requirements and respond to an oil spill, as applicable; (6) not less frequently than every 5 years, review, and revise as necessary, Coast Guard planning, preparedness, and oil spill response strategies based on analyses of— (A) incident data on oil spill location and response capability; (B) oil spill risk assessments; (C) oil spill response effectiveness and the effects of such response on the environment; and (D) oil spill response exercises conducted pursuant to section 311(j)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(7) (7) collaborate with the heads of other Federal agencies to increase Federal Government engagement with State, local, and Tribal agencies and stakeholders, including regulated entities, for the purpose of strengthening coordination and efficiency of oil spill responses. (c) Public availability of data Subject to section 552 of title 5, United States Code, the Commandant shall make available to the public the data described in subsection (b)(1). (d) Annual report Not less frequently than annually, the Commandant shall submit to Congress a report on the status of ongoing and planned efforts to improve the policies, guidance, and processes of the VRP program, including actions of the Maritime Oil Spill Response Plan Advisory Group, based on feedback, public comment, and other engagement from the Coast Guard and maritime transportation industry stakeholders. 5. Expenditure purposes of Oil Spill Liability Trust Fund Section 9509(c)(1) of title 26, United States Code, is amended— (1) in subparagraph (E), by striking and (2) in subparagraph (F), by striking the period at the end and inserting , and (3) by adding at the end the following: (G) to increase support for marine pollution disaster planning, preparedness, and response strategies, including for— (i) incident data collection and verification and for regular updates to vessel response plans and area contingency plan review; and (ii) training and equipping residents of Tribal and remote communities with resources and information for effective planning, preparedness, and response. . 6. National oil spill response study (a) In general The Comptroller General of the United States shall conduct a study on Coast Guard and Environmental Protection Agency oversight of national, regional, and local area oil spill response frameworks. (b) Elements The study required by subsection (a) shall include the following: (1) An assessment of lessons learned with respect to oil spill responses based on research conducted as a result of the Deepwater Horizon oil spill in 2010 and other marine pollution disasters, which shall include an assessment of— (A) oil spill response and prevention technologies; and (B) methods and best practices for oil spill mitigation and prevention. (2) An analysis of major changes in national, regional, and local area oil spill response frameworks since 2010 for the purpose of assessing whether such changes have improved oil spill responses. (3) An analysis of available information on the short-term and long-term effects of the use of chemical dispersants and potential alternatives in oil spill and marine pollution responses. (4) Recommendations for legislative and regulatory action that would facilitate better implementation of best available technologies and methods for effective oil spill response. (c) Report (1) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under subsection (a). (2) Public availability The report submitted under paragraph (1) shall be made publicly available on the internet website of the Comptroller General.
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Oil Spill Response Review Act of 2022
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Family Support Services for Addiction Act of 2021 This bill directs the Substance Abuse and Mental Health Services Administration to award grants to certain nonprofits to develop or expand services for individuals with substance use disorders and their families.
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117 S485 IS: Family Support Services for Addiction Act of 2021 U.S. Senate 2021-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 485 IN THE SENATE OF THE UNITED STATES February 25, 2021 Mrs. Gillibrand Mrs. Capito Committee on Health, Education, Labor, and Pensions A BILL To establish a grant program for family community organizations that provide support for individuals struggling with substance use disorder and their families. 1. Short title This Act may be cited as the Family Support Services for Addiction Act of 2021 2. Family support services for individuals struggling with substance use disorder Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd 553. Family support services for individuals struggling with substance use disorder (a) Definitions In this section— (1) the term family community organization (A) mobilizes resources within and outside of the community of families that include an individual living with a substance use disorder, to provide a support network, education, and evidence-informed tools for families and loved ones of individuals struggling with substance use disorders; and (B) is governed by experts in the field of substance use disorder, which may include— (i) experts in evidence-informed interventions for family members; (ii) experts in the impact of substance use disorder on family systems; (iii) families who have experience with substance use disorder; and (iv) other experts in the field of substance use disorder; and (2) the term family support services (b) Grants authorized The Secretary shall award grants to family community organizations to enable such organizations to develop, expand, and enhance evidence-informed family support services. (c) Federal share The Federal share of the costs of a program funded by a grant under this section may not exceed 85 percent. (d) Use of funds Grants awarded under subsection (b)— (1) shall be used to develop, expand, and enhance community and statewide evidence-informed family support services; and (2) may be used to— (A) build connections between family support networks, including providing technical assistance between family community organizations and peer support networks, and with other family support services, focused on enhancing knowledge of evidence-informed interventions for family members and loved ones of individuals living with substance use disorders and reducing harm by educating service providers on current evidence regarding substance use disorder and the family, including— (i) behavioral health providers, including such providers focused specifically on family and couples therapy in the context of substance use disorder; (ii) primary care providers; (iii) providers of foster care services or support services for grandparents, guardians, and other extended family impacted by substance use disorder; and (iv) other family support services that connect to community resources for individuals with substance use disorders, including non-clinical community services; (B) reduce stigma associated with families that include an individual with a substance use disorder by improving knowledge about substance use disorder and its treatment, providing compassionate support, and dispelling myths that perpetuate such stigma; (C) conduct outreach on issues relating to substance use disorders and family support, which may include education, training, and resources with respect to— (i) building a resilience- and strengths-based approach to prevention of, and living with, substance use disorder in the family; (ii) identifying the signs of substance use disorder; (iii) adopting an approach that minimizes harm to all family members; and (iv) families that include an individual with a substance use disorder, including with respect to— (I) navigating the treatment and recovery systems; (II) paying for substance use disorder treatment; (III) education about substance use disorder; and (IV) avoiding predatory treatment programs; and (D) connect families to evidence-informed peer support programs. (e) Data reporting and program oversight With respect to a grant awarded under subsection (a), not later than 90 days after the end of the first year of the grant period, and annually thereafter for the duration of the grant period, the entity shall submit data, as appropriate and to the extent practicable, to the Secretary regarding— (1) the programs and activities funded by the grant; (2) health outcomes of the population of individuals with a substance use disorder who received services through programs supported by the grant, as evaluated by an independent program evaluator through the use of outcomes measures, as determined by the Secretary; and (3) any other information that the secretary may require for the purpose of ensuring that the grant recipient is complying with all the requirements of the grant. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026. .
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Family Support Services for Addiction Act of 2021
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National Plan to End Parkinson's Act This bill requires the Department of Health and Human Services (HHS) to carry out a project to prevent and cure Parkinson's disease (a progressive brain disorder that causes unintended or uncontrollable movements) and related conditions. Among other components of the project, HHS must (1) implement and periodically update a national plan to coordinate and guide efforts to prevent and cure the disease; (2) improve diagnosis, treatment, and care of those with the disease; and (3) address health and other disparities related to the disease. HHS must also conduct annual assessments on the preparation for and response to the increased burden of Parkinson's disease. In addition, the bill establishes a council, comprised of federal and nonfederal stakeholders, to advise HHS on and make recommendations concerning the prevention and cure of Parkinson's disease. The bill's provisions terminate at the end of calendar year 2035.
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117 S4851 IS: National Plan to End Parkinson’s Act U.S. Senate 2022-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4851 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mrs. Capito Mr. Murphy Ms. Smith Mr. Marshall Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services to carry out a national project to prevent and cure Parkinson’s, to be known as the National Parkinson’s Project, and for other purposes. 1. Short title This Act may be cited as the National Plan to End Parkinson’s Act 2. National Parkinson’s Project (a) Definition of Parkinson’s In this section, the term Parkinson’s (1) Parkinson’s disease; and (2) Parkinsonisms, including multiple system atrophy, Lewy body disease, corticobasal degeneration, progressive supranuclear palsy, and Parkinson’s-related dementia. (b) Establishment The Secretary of Health and Human Services (in this section referred to as the Secretary Project (c) Activities carried out through project In carrying out the Project, the Secretary shall— (1) create, maintain, and periodically update an integrated national plan to prevent and cure Parkinson’s; (2) carry out the annual assessment under subsection (d); (3) evaluate all Federal programs related to Parkinson’s, including budget requests and approvals; (4) provide information (including an estimate of the level of Federal investment necessary to prevent and cure Parkinson’s), and coordination of Parkinson’s research and services, across all Federal agencies; (5) accelerate the development of treatments and other approaches to prevent, halt, or reverse the course of, Parkinson’s; (6) improve the— (A) early diagnosis of Parkinson’s; and (B) coordination of the care and treatment of individuals with Parkinson’s; (7) ensure the inclusion of populations at higher risk for Parkinson’s—or least likely to receive a diagnosis or care with respect to Parkinson’s—in clinical research, and implement service efforts to decrease health disparities with respect to Parkinson’s; (8) review the impact of Parkinson’s on the physical, mental, and social health of those living with Parkinson’s and their care partners; (9) review social determinants of health, diversity, equity, and inclusion associated with Parkinson’s; and (10) coordinate with international bodies to integrate and inform the global mission to prevent and cure Parkinson’s. (d) Annual assessment Not later than 24 months after the date of enactment of this Act, and annually thereafter, the Secretary shall carry out an assessment of the Nation’s progress in preparing for and responding to the escalating burden of Parkinson’s, including— (1) the formulation of recommendations for priority actions based on the assessment; (2) a description of the steps that have been or should be taken to implement the recommendations; and (3) such other items as the Secretary deems appropriate. (e) Advisory council (1) In general The Secretary shall establish and maintain an Advisory Council on Parkinson’s Research, Care, and Services (referred to in this section as the Advisory Council (2) Membership (A) Federal members The Advisory Council shall be comprised of diverse and inclusive representatives from— (i) the Centers for Disease Control and Prevention; (ii) the Administration on Aging; (iii) the Centers for Medicare & Medicaid Services; (iv) the Indian Health Service; (v) the Office of the Director of the National Institutes of Health; (vi) the National Institute of Neurological Disorders and Stroke; (vii) the National Institute of Environmental Health Sciences; (viii) the National Institute on Aging; (ix) the National Science Foundation; (x) the Department of Veterans Affairs; (xi) the Food and Drug Administration; (xii) the Department of Defense; (xiii) the Environmental Protection Agency; (xiv) the Office of Minority Health; and (xv) other relevant Federal departments and agencies as determined by the Secretary. (B) Non-Federal members In addition to the members listed in subparagraph (A), the Advisory Council shall include 17 expert members from outside the Federal Government, to be appointed by the Secretary, which members shall include— (i) 4 Parkinson’s patient advocates, one of whom is living with young-onset Parkinson’s; (ii) 2 Parkinson’s family caregivers; (iii) 2 health care providers; (iv) 2 representatives of State health departments; (v) 2 biomedical researchers with Parkinson’s-related expertise in basic, translational, clinical, or drug development science; (vi) 1 movement disorder specialist who treats Parkinson’s patients; (vii) 1 dementia specialist who treats Parkinson’s patients; and (viii) 3 representatives, one from each of 3 nonprofit organizations that have demonstrated experience in Parkinson’s research or Parkinson’s patient care and other services. (3) Meetings (A) Quarterly meetings The Advisory Council shall meet at least once each quarter. (B) Annual research meeting The Advisory Council shall convene an annual meeting of Federal and non-Federal organizations to discuss Parkinson’s research. (C) Open meetings The meetings of the Advisory Council shall be open to the public. (4) Advice The Advisory Council shall advise the Secretary on Parkinson’s-related issues. (5) Annual report Not later than 18 months after the date of enactment of this Act and annually thereafter, the Advisory Council shall provide to the Secretary and Congress a report containing— (A) an evaluation of all federally funded efforts in Parkinson’s research, prevention, clinical care, and institutional-, home-, and community-based programs and the outcomes of such efforts; (B) recommendations for priority actions to expand, eliminate, coordinate, refocus, or condense Federal programs based on each program’s performance, mission, and purpose; (C) recommendations to— (i) reduce the financial impact of Parkinson’s on— (I) the Medicare program and other federally funded programs; and (II) families living with Parkinson’s; (ii) improve health outcomes; (iii) prevent Parkinson’s; and (iv) eliminate exposure to environmental triggers of Parkinson’s; and (D) an evaluation of the implementation, including outcomes, of the national plan under subsection (c)(1). (6) Termination The Advisory Council shall terminate at the end of calendar year 2035. (f) Data sharing Agencies both within the Department of Health and Human Services and outside of the Department that have data relating to Parkinson’s shall share such data with the Secretary of Health and Human Services, or the Secretary's designee, to enable the Secretary, or the Secretary's designee, to complete the report described in subsection (g). (g) Annual report The Secretary shall submit to the Congress— (1) an annual report that includes an evaluation of all federally funded efforts in Parkinson’s research, prevention, diagnosis, treatment, clinical care, and institutional-, home-, and community-based programs and the outcomes of such efforts; (2) an evaluation of all such programs based on performance, mission, and purpose; (3) recommendations for— (A) priority actions based on the evaluation conducted by the Secretary and the Advisory Council to— (i) reduce the financial impact of Parkinson’s on— (I) the Medicare program and other federally funded programs; and (II) families living with Parkinson’s disease; (ii) improve health outcomes; (iii) prevent Parkinson’s; and (iv) eliminate exposure to environmental triggers of Parkinson’s; (B) priority actions to improve all federally funded efforts in Parkinson's research, prevention, diagnosis, treatment, clinical care, and institutional-, home-, and community-based programs; and (C) implementation steps to address priority actions described in subparagraphs (A) and (B); and (4) an up-to-date version of the national plan under subsection (c)(1). (h) Sunset The section shall cease to be effective at the end of calendar year 2035.
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National Plan to End Parkinson’s Act
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National Education Association Charter Repeal Act This bill repeals the federal charter granted to the National Education Association of the United States.
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117 S4854 IS: National Education Association Charter Repeal Act U.S. Senate 2022-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS 2d Session S. 4854 IN THE SENATE OF THE UNITED STATES September 14, 2022 Mrs. Blackburn Ms. Lummis Committee on the Judiciary A BILL To amend title 36, United States Code, to repeal the Federal charter of the National Education Association. 1. Short title This Act may be cited as the National Education Association Charter Repeal Act 2. Findings (1) The National Education Association (referred to in this section as the NEA to elevate the character and advance the interests of the profession of teaching; and to promote the cause of education in the United States (2) The NEA is expected to uphold the honor and legitimacy that a Federal charter grants to an organization. (3) The NEA can no longer be considered a public service worthy of its Federal charter as it has drifted substantially from its core mission and has become a massive political operation dedicated to imposing a radical progressive agenda on schools in the United States. (4) The NEA and its political agenda are often at cross-purposes with parents, teachers, and students, and the NEA no longer primarily serves the purposes of advancing the profession of teaching or promoting the cause of education in the United States. (5) According to disclosures made to the Department of Labor's Office of Labor-Management Standards, from September 2019 through August 2021, the NEA spent over $116,700,000 on political activities and lobbying, and in the 2020 election cycle, 95.7 percent of the candidate campaign contributions made by the NEA went to candidates in the Democratic party. (6) In July 2021, the NEA adopted measures to support critical race theory, calling it reasonable and appropriate, and to spend $56,500 on researching and shaming organizations that are fighting the inclusion of critical race theory in schools. (7) In December 2021, NEA board member Mollie Page Mumau published a social media post calling for the death of individuals who decide not to receive the COVID–19 vaccine. (8) In July 2022, the NEA adopted measures to spend $140,000 to create an enemies list of parents and groups that disagree with teaching gender identity and sexual orientation in classrooms. (9) The NEA and other teacher unions stood in the way of reopening schools in 2020 and 2021 by threatening strikes, lobbying to keep schools closed, and influencing the Centers for Disease Control and Prevention to make it harder for schools to reopen. (10) In August 2022, the National Center for Education Statistics (NCES) conducted a special administration of the National Assessment of Education Progress long-term trend reading and mathematics assessments for age 9 students to examine student achievement during the COVID–19 pandemic. The NCES reported the largest average score decline in reading since 1990, and the first ever score decline in mathematics. 3. Repeal of National Education Association Charter (a) In General Chapter 1511 (b) Table of Chapters The table of chapters at the beginning of part B of subtitle II of title 36, United States Code, is amended by striking the item relating to chapter 1511.
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National Education Association Charter Repeal Act
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Private Markets Transparency and Accountability Act This bill requires certain private companies to register with the Securities and Exchange Commission (SEC) and thereby publicly disclose business practices and financial information. Under current law, companies with assets exceeding $10 million and with a class of securities held by either 2,000 persons, or 500 persons who are not accredited investors, must register with the SEC. In addition, the bill requires companies to register if (1) their valuation exceeds $700 million, or (2) their annual revenue exceeds $5 billion and they have at least 5,000 employees.
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117 S4857 IS: Private Markets Transparency and Accountability Act U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4857 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Reed Ms. Cortez Masto Ms. Warren Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to require companies to file public reports after meeting certain quantitative thresholds, and for other purposes. 1. Short title This Act may be cited as the Private Markets Transparency and Accountability Act 2. Requirement to file registration statement (a) In general Section 12(g) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(g) (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (i), by moving the margins 2 ems to the right; and (ii) in clause (ii)— (I) by moving the margins 2 ems to the right; and (II) by striking and (B) by redesignating subparagraph (B) as subparagraph (D); and (C) by inserting after subparagraph (A) the following: (B) within 18 months after the last day of the first fiscal year ended on which the issuer has a valuation exceeding $700,000,000 (excluding the value of shares held by affiliates of the issuer), (C) within 18 months after the last day of the first fiscal year ended on which the issuer has— (i) revenues exceeding $5,000,000,000; and (ii) not less than 5,000 employees, and ; (2) in paragraph (4)— (A) in the first sentence— (i) by striking Registration Except in the case of an issuer, the registration of a security of which is required under paragraph (1)(B), registration (ii) by striking persons persons persons (B) by inserting after the first sentence the following: In the case of an issuer, the registration of a security of which is required under paragraph (1)(B), registration of the security may be terminated at the discretion of the Commission if the Commission finds, based on a certification submitted by the issuer under paragraph (7), and such other data and information as the Commission may require, that the valuation of the issuer has fallen below $250,000,000. (3) by adding at the end the following: (7) Certification required With respect to an issuer, the registration of a security of which is required under paragraph (1)(B), the issuer shall submit to the Commission an annual certification with respect to the value of shares held by affiliates of the issuer (along with shareholdings of those affiliates), beginning on the date on which that security is first registered under that provision or such earlier date on which the Commission requests information about the valuation of the issuer or the holdings of the affiliates of the issuer. (8) Registration (A) In general Except as provided in subparagraph (B), with respect to an issuer, the registration of a security of which is required under subparagraph (B) or (C) of paragraph (1), the issuer shall file with the Commission such supplementary and periodic information, documents, and reports as may be required by the Commission under section 13 for a security registered under this section. (B) Application The requirement under subparagraph (A) shall cease to apply with respect to an issuer on the earlier of— (i) 18 months after the first fiscal year on which the issuer meets the thresholds in subparagraph (A) or (B) of paragraph (1); or (ii) the date of the first sale of common equity securities of the issuer pursuant to an effective registration statement under the Securities Act of 1933 ( 15 U.S.C. 77a et seq. (9) Definitions; determinations (A) Definitions For purposes of paragraphs (1) and (7), with respect to an issuer— (i) the term affiliate (ii) the term employee (I) any individual performing clerical, administrative, support, or other similar function for the issuer; and (II) any independent contractor acting on behalf of the issuer. (B) Determinations The procedures and criteria to be used in determining the valuation of an issuer for the purposes of paragraph (1)(B) may, as determined by the Commission, by rule— (i) require a minimum trading period; (ii) rely on sales in a private market; or (iii) rely on certified financial statements. . (b) Rules (1) Filings The Securities and Exchange Commission may, by rule, as the Commission determines consistent with the public interest and the protection of investors, tailor the content of the information, documents, or reports required to be filed by an issuer, the registration of a security of which is required under paragraph (1)(C) of section 12(g)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(g)(1) (2) Transition thresholds The Securities and Exchange Commission may, by rule, establish transition thresholds for exiting from status as a reporting company under subparagraphs (B) and (C) of section 12(g)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(g)(1) (3) Investment companies (A) Definition In this paragraph, the term covered investment company investment company 15 U.S.C. 80a–3 (B) Potential exemption The Securities and Exchange Commission may, by rule, exempt covered investment companies from the meaning of the term issuer 15 U.S.C. 78l(g)(1) (i) necessary or appropriate in the public interest or for the protection of investors; or (ii) otherwise in furtherance of the purposes of the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq.
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Private Markets Transparency and Accountability Act
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Cooper Davis Act This bill establishes requirements for electronic communication service providers and remote computing service providers to report knowledge of various drug-related offenses (e.g., unlawful distribution of a controlled substance) to the Drug Enforcement Administration.
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117 S4858 IS: Cooper Davis Act U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4858 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Marshall Committee on the Judiciary A BILL To amend the Controlled Substances Act to require electronic communication service providers and remote computing services to report to the Attorney General the unlawful sale and distribution of controlled substances. 1. Short title This Act may be cited as the Cooper Davis Act 2. Reporting requirements of electronic communication service providers and remote computing services for the unlawful sale and distribution of controlled substances (a) In general Part E of the Controlled Substances Act ( 21 U.S.C. 871 et seq. 521. Reporting requirements of electronic communication service providers and remote computing services for the unlawful sale and distribution of controlled substances (a) Definitions In this section, the terms electronic communication service electronic mail address provider remote computing service website (b) Duty To report (1) In general (A) Duty In order to reduce the proliferation of the unlawful sale or distribution of controlled substances, a provider— (i) shall, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(A), take the actions described in subparagraph (B); and (ii) may, after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(B), take the actions described in subparagraph (B). (B) Actions described The actions described in this subparagraph are— (i) providing to the Drug Enforcement Administration the mailing address, telephone number, facsimile number, and electronic mailing address of, and individual point of contact for, such provider; and (ii) making a report of such facts or circumstances to the Drug Enforcement Administration. (2) Facts and circumstances (A) Apparent violations The facts or circumstances described in this subparagraph are any facts or circumstances from which there is an apparent violation of section 401, 402, 403, or 406. (B) Imminent violations The facts or circumstances described in this subparagraph are any facts or circumstances that indicate that a violation described in subparagraph (A) may be planned or imminent. (c) Contents of report In an effort to prevent future violations of the sections described in subsection (b)(2)(A), and to the extent the information is within the custody or control of a provider, the facts and circumstances included in each report under subsection (b)(1) shall, at the sole discretion of the provider, include the following information: (1) Information about the involved individual Information relating to the identity of any individual who appears to have violated or plans to violate the sections described in subsection (b)(2)(A), which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, payment information (excluding personally identifiable information), screen names or monikers for the account used or any other accounts associated with the individual, or any other identifying information, including self-reported identifying information. (2) Historical reference Information relating to when and how a customer or subscriber of a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to or discovered by the provider, including a date and time stamp and time zone. (3) Geographic location information Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code, provided by the customer or subscriber, or stored or obtained by the provider, and any information as to whether a virtual private network was used. (4) Data relating to the sale of controlled substances Any data, including symbols, photos, video, icons, or direct messages, relating to apparent activity involving the unlawful sale or distribution of a controlled substance or other content relating to the incident such report is regarding. (5) Complete communication The complete communication containing the intent to unlawfully sell or distribute a controlled substance, including— (A) any data or information regarding the transmission of the communication; and (B) any data or other digital files contained in, or attached to, the communication. (d) Forwarding of report to other Federal law enforcement agencies, State and local law enforcement agencies, and foreign law enforcement agencies The Drug Enforcement Administration shall make available each report made under subsection (b)(1) to other Federal law enforcement agencies, State and local law enforcement agencies, and foreign law enforcement agencies involved in the investigation of violations described in subsection (b)(2)(A). (e) Attorney general responsibilities (1) In general The Attorney General shall enforce this section. (2) Designation of federal agencies The Attorney General may designate a Federal law enforcement agency or agencies to which the Drug Enforcement Administration shall forward a report under subsection (d). (3) Designation of foreign agencies The Attorney General may— (A) in consultation with the Secretary of State, designate foreign law enforcement agencies to which a report may be forwarded under subsection (d); (B) establish the conditions under which such a report may be forwarded to such agencies; and (C) develop a process for foreign law enforcement agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a report referred under subsection (d). (4) Reporting designated foreign agencies The Attorney General may maintain and make available to the Department of State, providers, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a list of the foreign law enforcement agencies designated under paragraph (3). (5) Notification to providers (A) In general The Drug Enforcement Administration may notify a provider of the information described in subparagraph (B), if— (i) a provider notifies the Drug Enforcement Administration that the provider is making a report under this section as the result of a request by a foreign law enforcement agency; and (ii) the Drug Enforcement Administration forwards the report described in clause (i) to— (I) the requesting foreign law enforcement agency; or (II) another agency in the same country designated by the Attorney General under paragraph (3). (B) Information described The information described in this subparagraph is— (i) the identity of the foreign law enforcement agency to which the report was forwarded; and (ii) the date on which the report was forwarded. (C) Notification of inability to forward report If a provider notifies the Drug Enforcement Administration that the provider is making a report under this section as the result of a request by a foreign law enforcement agency and the Drug Enforcement Administration is unable to forward the report as described in subparagraph (A)(ii), the Drug Enforcement Administration shall notify the provider that the Drug Enforcement Administration was unable to forward the report. (f) Failure To report A provider that knowingly and willfully fails to make a report required under subsection (b)(1) shall be fined— (1) in the case of an initial knowing and willful failure to make a report, not more than $150,000; and (2) in the case of any second or subsequent knowing and willful failure to make a report, not more than $300,000. (g) Protection of privacy Nothing in this section shall be construed to require a provider to— (1) monitor any user, subscriber, or customer of that provider; (2) monitor the content of any communication of any person described in paragraph (1); or (3) affirmatively search, screen, or scan for facts or circumstances described in subsections (b) and (c). (h) Conditions of disclosure of information contained within report (1) In general Except as provided in paragraph (2), a law enforcement agency that receives a report under subsection (d) shall not disclose any information contained in that report. (2) Permitted disclosures by law enforcement A law enforcement agency may disclose information in a report received under subsection (d)— (A) to an attorney for the government for use in the performance of the official duties of that attorney; (B) to such officers and employees of that law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions; (C) to such other government personnel (including personnel of a State or subdivision of a State) as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing Federal criminal law; (D) if the report discloses a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law; (E) to a defendant in a criminal case or the attorney for that defendant to the extent the information relates to a criminal charge pending against that defendant; (F) to a provider if necessary to facilitate response to legal process issued in connection to a criminal investigation, prosecution, or post-conviction remedy relating to that report; and (G) as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose. (i) Preservation (1) In general (A) Request to preserve contents For the purposes of this section, a completed submission by a provider of a report to the Drug Enforcement Administration under subsection (b)(1) shall be treated as a request to preserve the contents provided in the report for 90 days after the submission to the Drug Enforcement Administration. (B) Notification to user A provider may not notify a user, subscriber, or customer of the provider of a preservation request described in subparagraph (A) unless— (i) the provider has notified the Drug Enforcement Administration of its intent to provide that notice; (ii) 5 business days have elapsed since the notification under clause (i); and (iii) the Drug Enforcement Administration has not obtained a court order for nondisclosure. (2) Preservation of commingled content Pursuant to paragraph (1)(A), a provider shall preserve any data or other digital files that are reasonably accessible and may provide context or additional information about the reported material or person. (3) Protection of preserved materials A provider preserving materials under this section shall maintain the materials in a secure location and take appropriate steps to limit access to the materials by agents or employees of the service to that access necessary to comply with the requirements of this subsection. (4) Authorities and duties not affected Nothing in this section shall be construed as replacing, amending, or otherwise interfering with the authorities and duties under section 2703 of title 18, United States Code. . (b) Technical and conforming amendment The table of contents for the Controlled Substances Act ( 21 U.S.C. 801 et seq. Sec. 521. Reporting requirements of electronic communication service providers and remote computing services for the unlawful sale and distribution of controlled substances. .
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Cooper Davis Act
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Project Safe Neighborhoods Reauthorization Act of 2022 This bill reauthorizes through FY2026 the Project Safe Neighborhoods Block Grant Program within the Department of Justice. The bill also allows funds under the program to be used for hiring crime analysts to assist with violent crime reduction efforts; the cost of overtime for law enforcement officers, prosecutors, and law enforcement assistants who assist with the program; purchasing, implementing, and using technology to assist with violent crime reduction efforts; and supporting multijurisdictional task forces.
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117 S4859 ES: Project Safe Neighborhoods Reauthorization Act of 2022 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS 2d Session S. 4859 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize the Project Safe Neighborhoods Grant Program Authorization Act of 2018, and for other purposes. 1. Short title This Act may be cited as the Project Safe Neighborhoods Reauthorization Act of 2022 2. Findings Congress finds the following: (1) Launched in 2001, the Project Safe Neighborhoods program is a nationwide initiative that brings together Federal, State, local, and Tribal law enforcement officials, prosecutors, community leaders, and other stakeholders to identify the most pressing crime problems in a community and work collaboratively to address those problems. (2) The Project Safe Neighborhoods program— (A) operates in all 94 Federal judicial districts throughout the 50 States and territories of the United States; and (B) implements 4 key components to successfully reduce violent crime in communities, including community engagement, prevention and intervention, focused and strategic enforcement, and accountability. 3. Reauthorization (a) Definitions Section 2 of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60701 (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (2) by inserting before paragraph (2), as so redesignated, the following: (1) the term crime analyst ; and (3) by inserting after paragraph (2), as so redesignated, the following: (3) the term law enforcement assistant . (b) Use of funds Section 4(b) of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60703(b) (1) in paragraph (3), by striking or (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) hiring crime analysts to assist with violent crime reduction efforts; (6) the cost of overtime for law enforcement officers, prosecutors, and law enforcement assistants that assist with the Program; and (7) purchasing, implementing, and using technology to assist with violent crime reduction efforts. . (c) Authorization of appropriations Section 6 of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60705 fiscal years 2023 through 2026 4. Task force support (a) Short title This section may be cited as the Officer Ella Grace French and Sergeant Jim Smith Task Force Support Act of 2022 (b) Amendment Section 4(b) of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60703(b) (1) in paragraph (6), by striking and (2) in paragraph (7), by striking the period at the end and inserting ; and (3) by adding at the end the following: (8) support for multi-jurisdictional task forces. . Passed the Senate December 20, 2022. Secretary
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Project Safe Neighborhoods Reauthorization Act of 2022
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Rebuild Rural America Act of 2021 This bill directs the Department of Agriculture (USDA) to establish the Rural Innovation and Partnership Administration and the Rural Future Partnership Fund to provide five-year renewable rural partnership block grants to certified rural regions to implement locally-developed regional revitalization plans. For purposes of these grants, the following areas may constitute a rural region: a micropolitan statistical area (i.e., at least 10,000 but fewer than 50,000 people); a collection of rural census tracts or counties that fall outside of a micropolitan or metropolitan statistical area (i.e., 50,000 people or more) and that demonstrate evidence of economic, social, and cultural cooperation; or an Indian reservation. To be eligible to receive a grant, a rural region must be certified by its state (or in the case of an Indian reservation, approved by USDA) after having formed a rural partnership council made up of representatives from across different sectors. USDA must provide each rural partnership council with training, education, support, and advice to enhance the technical assistance, research, organizational, and other capacities of the council. The bill also establishes a Rural Future Corps to (1) help rural communities expand critical services such as child care, health, nutrition assistance, education, and job training; and (2) strengthen the capacity of local governments and economic and community development organizations.
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117 S486 IS: Rebuild Rural America Act of 2021 U.S. Senate 2021-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 486 IN THE SENATE OF THE UNITED STATES February 25, 2021 Mrs. Gillibrand Ms. Smith Mr. Booker Mr. Durbin Mr. Casey Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Department of Agriculture Reorganization Act of 1994 to establish the Rural Innovation and Partnership Administration and to amend the Consolidated Farm and Rural Development Act to establish the Rural Future Partnership Fund to invest in the rural areas of the United States to achieve their preferred future while maximizing their contribution to the well-being of the United States, and for other purposes. 1. Short title This Act may be cited as the Rebuild Rural America Act of 2021 2. Purposes The purposes of this Act are— (1) to create the scale and capacity that enables rural areas to achieve their preferred future while maximizing their contribution to the well-being of the United States; (2) to recognize the significant contributions of rural areas of the United States to the success of the United States, including the leading role that the rural areas play in addressing the critical threat of climate change and building a resilient United States; (3) to make a national commitment to the rural communities and regions of the United States to ensure that the rural United States benefits from and contributes to the prosperity of the United States; (4) to establish a partnership with rural areas of the United States that provides flexible, long-term, and annual Federal investment for comprehensive, collaborative, and locally driven community and economic development that improves quality of life and economic competitiveness; (5) to strengthen rural population centers through collaboration with neighboring rural areas that ensures economic integration and regional development; (6) to strengthen connections between rural and urban areas of the United States for mutual success and for the benefit of the economy of the United States and the quality of life of the people of the United States; (7) to support asset-based development, maximizing the cost-effectiveness of existing infrastructure; (8) to ensure economic opportunities that create pathways to high-quality, family-sustaining jobs for all individuals in rural areas of the United States, including efforts to address population loss, to promote the use of cooperatives and other forms of public and employee ownership, and to expand and improve access to training, infrastructure, and investment to adapt to technological change, such as automation, for success in the digital economy; (9) to provide for the evolution and expansion of the role of the Department of Agriculture in ensuring that rural communities have a dedicated agency and a new delivery system for Federal assistance for disaster recovery and proactive mitigation and resiliency efforts; (10) to rebuild and modernize infrastructure and expand investment to support local and regional food systems, sustainable agriculture production, and value added agricultural industries; (11) to support infill development, preserve undeveloped land, and remediate brownfields and other contaminated properties for re-use; and (12) to support public health and improve quality of life in rural communities by delivering— (A) universal access to clean air and water; (B) healthy foods available through local and regional food systems; (C) quality, affordable, and accessible health care services in the rural communities, including access to primary and emergency medical services, mental health care, and treatment for substance abuse; (D) affordable and reliable clean energy systems; and (E) quality, affordable, and energy-efficient housing choices in the rural communities. 3. Establishment of Rural Innovation and Partnership Administration (a) In general Subtitle C of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6941 237. Rural Innovation and Partnership Administration (a) Establishment The Secretary shall establish in the Department a Rural Innovation and Partnership Administration (referred to in this section as the Administration (b) Administrator (1) In general The Administration shall be headed by an Administrator of Rural Innovation and Partnerships (referred to in this section as the Administrator (2) Reporting to Under Secretary The Administrator shall report to the Under Secretary for Rural Development. (c) Functions The Secretary shall carry out through the Administration the functions of the Rural Future Partnership Fund established under subtitle I of the Consolidated Farm and Rural Development Act. (d) Requirement for State offices In carrying out the functions of the Administration, the Secretary shall ensure that each State office of the rural development mission area is staffed with not less than 3 new employees to implement the Rural Future Partnership Fund established under subtitle I of the Consolidated Farm and Rural Development Act, including providing— (1) technical assistance; (2) support for capacity building; (3) financial controls; and (4) performance oversight. (e) Coordination with Council on Rural Community Innovation and Economic Development In carrying out the functions of the Administration, the Administrator shall coordinate with the Council on Rural Community Innovation and Economic Development established by section 6306 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 2204b–3 . (b) Conforming amendments (1) Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) (11) The authority of the Secretary to establish and maintain in the Department the Rural Innovation and Partnership Administration under section 237. . (2) Section 6306(f) of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 2204b–3(f) (A) in paragraph (4), by striking and (B) in paragraph (5)(B), by striking the period at the end and inserting ; and (C) by adding at the end the following: (6) give priority to coordinating with the Administrator of Rural Innovation and Partnerships in carrying out the Rural Future Partnership Fund established under subtitle I of the Consolidated Farm and Rural Development Act. . 4. Rural Future Partnership Fund The Consolidated Farm and Rural Development Act ( 7 U.S.C. 1921 I Rural Future Partnership Fund 385A. Definitions In this subtitle: (1) Council The term Council (2) Eligible technical assistance provider The term eligible technical assistance provider (A) with a demonstrated national or regional structure or capacity to deliver and support multiple rural planning activities across the United States or within a region of the United States; and (B) that is— (i) a federally recognized Indian Tribe; (ii) an institution of higher education; (iii) a nonprofit organization; or (iv) a private organization. (3) Fund The term Fund (4) Institution of higher education (A) In general The term institution of higher education 20 U.S.C. 1001 (B) Inclusions The term institution of higher education (i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (ii) associated cooperative extension services. (5) Plan The term Plan (6) Reservation (A) In general The term reservation Indian country (B) Inclusion The term reservation 43 U.S.C. 1602 (7) Rural partnership block grant The term rural partnership block grant (8) Secretary The term Secretary (9) Workforce housing The term workforce housing (A) subject to subparagraph (B), 120 percent of the median income in the area in which the family lives, as determined by the Secretary, with appropriate adjustments for the size of the family; or (B) if the Secretary determines that there are unusually high or low family incomes in the area in which the family lives, such other percentage, as the Secretary determines to be appropriate, of the median income in the area in which the family lives. 385B. Establishment The Secretary shall establish a program, to be known as the Rural Future Partnership Fund 385C. Eligibility (a) In general (1) Micropolitan statistical areas (A) In general To be eligible to receive a rural partnership block grant— (i) one or more units of local government that govern a micropolitan statistical area, as defined by the Director of the Office of Management and Budget, shall establish a rural partnership council in accordance with subsection (b); and (ii) that Council shall submit an application to— (I) not later than 180 days after the date of enactment of the Rebuild Rural America Act of 2021 (aa) (AA) the applicable State; or (BB) the applicable States, if the micropolitan statistical area spans more than 1 State; and (bb) the applicable State offices of the rural development mission area; or (II) after the date described in subclause (I), the Secretary. (B) Regional collaboration (i) In general On receipt of an application under subparagraph (A)(ii)(I), the one or more States, in coordination with the applicable State offices of the rural development mission area, shall advise the applicant on the inclusion in the Council, if practicable, of one or more contiguous census tracts or counties that— (I) fall outside of a micropolitan or metropolitan statistical area; and (II) demonstrate evidence of economic, social, and cultural cooperation that enhances the potential for comprehensive, asset-based regional development. (ii) Decision After receipt of advice under clause (i), the applicant shall— (I) decide whether to include one or more of the applicable contiguous census tracts or counties in the Council; and (II) modify the application, as appropriate. (C) Approval (i) States The one or more States that receive an application under subparagraph (A)(ii)(I)(aa), in coordination with the applicable State offices of the rural development mission area, shall approve the Council as eligible to receive a rural partnership block grant if the requirements under subsection (b) for the composition of the membership of a Council are satisfied. (ii) Secretary Not less frequently than once each year, the Secretary, in coordination with the applicable State offices of the rural development mission area, may approve applications received under subparagraph (A)(ii)(II) if the requirements under subsection (b) for the composition of the membership of a Council are satisfied. (2) Areas outside of micropolitan and metropolitan statistical areas (A) In general To be eligible to receive a rural partnership block grant— (i) one or more entities described in subsection (b)(1) that are located in, or represent, two or more contiguous census tracts or counties in an area that is not within a micropolitan statistical area or a metropolitan statistical area, as defined by the Director of the Office of Management and Budget, and are not represented by a Council established under paragraph (1)(A)(i) or (3)(A)(i), shall establish a rural partnership council in accordance with subsection (b); and (ii) that Council shall submit an application to— (I) not later than 180 days after the date of enactment of the Rebuild Rural America Act of 2021 (aa) the one or more applicable States; and (bb) the applicable State offices of the rural development mission area; or (II) after the date described in subclause (I), the Secretary. (B) Approval (i) States The one or more States that receive an application under subparagraph (A)(ii)(I)(aa), in coordination with the applicable State offices of the rural development mission area, shall approve the Council as eligible to receive a rural partnership block grant if— (I) the requirements under subsection (b) for the composition of the membership of a Council are satisfied; and (II) the area to be represented by the Council— (aa) is of practicable geographic size; and (bb) demonstrates evidence of economic, social, and cultural cooperation that enhances the potential for comprehensive, asset-based regional development. (ii) Secretary Not less frequently than once each year, the Secretary, in coordination with the applicable State offices of the rural development mission area, may approve applications received under subparagraph (A)(ii)(II) if the requirements described in clause (i) are satisfied. (3) Indian reservations (A) In general To be eligible to receive a rural partnership block grant— (i) an Indian Tribe that has jurisdiction over a reservation shall establish a rural partnership council in accordance with subsection (b); and (ii) that Council shall submit an application to the Secretary. (B) Approval (i) In general On receipt of an application that was submitted under subparagraph (A)(ii) not later than 180 days after the date of enactment of the Rebuild Rural America Act of 2021 (ii) Subsequent applications Not less frequently than once each year, the Secretary, in coordination with the applicable State offices of the rural development mission area, may approve applications submitted under subparagraph (A)(ii) later than 180 days after the date of enactment of the Rebuild Rural America Act of 2021 (b) Membership Each Council— (1) shall include one or more representatives of— (A) a District Organization (as defined in section 300.3 of title 13, Code of Federal Regulations (or successor regulations)) or a comparable regional planning organization if there is no applicable District Organization; (B) one or more units of local government, or one or more entities designated by a unit of local government, within the applicable area; and (C) a public or nonprofit organization; (2) may include one or more representatives of— (A) an economic development or other community or labor organization; (B) a financial institution, including a community development financial institution (as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 (C) a philanthropic organization; (D) a rural cooperative; (E) an entity with experience in the development of cooperatives; (F) an institution of higher education; (G) elementary or secondary education; (H) a private entity; (I) a Tribal organization; (J) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code); (K) any other regional planning organization; or (L) any other entity, as determined to be appropriate by the Council; and (3) shall be composed of an odd number of members. (c) Revisions (1) In general Not more frequently than once every 5 years, a Council may submit to the one or more applicable States, or to the Secretary in the case of a Council established by an Indian Tribe, an application to revise the geographic boundary of the applicable area represented by the Council. (2) Final approval by Secretary An application submitted to one or more States under paragraph (1) shall be subject to final approval by the Secretary. 385D. Rural partnership block grants (a) Allocation of funds (1) In general Except as provided in paragraph (2), the Secretary shall allocate rural partnership block grant funds to Councils proportionately based on the population of each area represented by a Council. (2) High poverty rates The Secretary shall allocate to a Council an amount equal to 3 times the applicable amount under paragraph (1) with respect to each individual residing in a census tract, or a group of contiguous census tracts, that— (A) has a poverty rate of 20 percent or greater; and (B) is within or comprises the applicable area. (b) Distribution The Secretary shall distribute rural partnership block grant funds annually to each Council during the term of the rural partnership block grant. (c) Term A rural partnership block grant— (1) shall be for a term of 5 years; and (2) may be renewed. (d) Grant agreements (1) In general Each Council shall enter into an agreement with the Secretary, under which the Council, in coordination with the Secretary, shall establish performance measures and reporting requirements that shall be met by the end of each year for which the Council receives funds under the Fund. (2) Violations If the Secretary determines that a Council has failed to meet any requirements of the applicable agreement under paragraph (1), is not making reasonable progress towards meeting that requirement, or is otherwise in violation of that agreement, the Secretary may— (A) withhold funds under the Fund until the Council remedies the applicable violation; or (B) terminate the agreement. 385E. Rural partnership plans (a) Establishment Each Council shall establish, maintain, evaluate, and report to the Secretary progress on a rural partnership plan in accordance with this section. (b) Coordination with other plans (1) In general In developing a Plan under this section, a Council is encouraged to utilize existing Federal plans, and existing State, regional, or Tribal plans, so as to reduce duplicative efforts and align Federal investment. (2) Federal plans Existing Federal plans referred to in paragraph (1) include— (A) the Comprehensive Economic Development Strategy of the Economic Development Administration; (B) a local plan, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (C) the Consolidated Plan of the Department of Housing and Urban Development; (D) plans developed by metropolitan planning organizations under section 134 of title 23, United States Code; (E) plans developed by regional transportation planning organizations designated under section 135(m) of title 23, United States Code, or section 5304(l) of title 49, United States Code (commonly known as a rural transportation planning organization (F) emergency preparedness and hazard mitigation plans required by the Federal Emergency Management Agency; (G) the Drinking Water Action Plan of the Environmental Protection Agency; (H) a good neighbor agreement (as defined in section 8206(a) of the Agricultural Act of 2014 ( 16 U.S.C. 2113a(a) (I) strategic plans developed by Federal regional commissions, including— (i) the Appalachian Regional Commission established by section 14301(a) of title 40, United States Code; (ii) the Delta Regional Authority established under subtitle F of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009aa (iii) the Denali Commission established under the Denali Commission Act of 1998 ( 42 U.S.C. 3121 Public Law 105–277 (iv) the Northern Border Regional Commission established by section 15301(a)(3) of title 40, United States Code; (v) the Northern Great Plains Regional Authority established under subtitle G of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009bb (vi) the Southeast Crescent Regional Commission established by section 15301(a)(1) of title 40, United States Code; and (vii) the Southwest Border Regional Commission established by section 15301(a)(2) of title 40, United States Code. (c) Contents To the maximum extent practicable, a Plan shall include— (1) a plan to coordinate and build capacity across jurisdictions in the applicable area to develop and implement the Plan, including by targeting assistance to high-poverty and other struggling areas within that region; (2) a plan that outlines feasible steps and achievable goals, timelines, and strategies for implementing the Plan, including making interjurisdictional agreements that provide for cooperative and coordinated approaches to achieving the goals of the Plan; (3) a prioritization of projects for funding and implementation, when practicable, including by providing— (A) a description of each prioritized project proposed to be carried out; and (B) a budget for each project described in subparagraph (A) that includes— (i) preliminary actions that have been or must be taken at the local or regional level to implement the project; (ii) the anticipated Federal share of the cost of the project; and (iii) a description of the source of the non-Federal share of funds or in-kind contributions for the project; (4) an assessment of current and future trends in the applicable area, which may include— (A) population growth or loss, and demographic changes, in the region; (B) accessibility of job centers within the region to public transportation facilities and housing; (C) infrastructure needs in the region, including— (i) projected water needs and sources; (ii) any need for sewer infrastructure; (iii) the existence of flood plains; (iv) the needs of local and regional food systems, agricultural producers, and value-added agricultural industries; and (v) any need for affordable, high-speed internet, including new technologies for mobile internet services and for affordable, reliable cellular phone coverage; (D) challenges in basic services within the region, including pressing health challenges; (E) skills and education for in-demand, quality jobs and for regional economic development, which may include retraining and education of incumbent or displaced workers; and (F) access to private debt and investment capital; (5) a plan to develop opportunities for economic diversification and innovation within the applicable area, with particular attention to— (A) agricultural diversification and supply chain development; (B) the conversion of existing businesses to employee or local ownership, such as a cooperative; (C) entrepreneurial support; (D) clean energy; (E) manufacturing; and (F) technological innovation; (6) a plan for improving environmental resiliency, efficient land use, remediation of brownfields and other contaminated properties for re-use, mixed-use development, and the preservation of agricultural, green, and open space, including— (A) an assessment of projected loss of agricultural and rural land and other green space to development; and (B) a description of methods to minimize loss described in subparagraph (A); (7) a plan for ensuring that no community or county in the applicable area is excluded from receiving assistance through the rural partnership block grant, including timelines and goals for targeting assistance to high-poverty census tracts included in the area; (8) a plan for building greater collaboration between— (A) rural population centers and neighboring rural areas of the applicable area; and (B) the applicable area and neighboring urban areas; (9) a plan for the creation and preservation of workforce housing and affordable, energy-efficient housing for all ages, incomes, races, and ethnicities, including— (A) cooperative housing; and (B) limited equity cooperative housing; (10) a plan to develop opportunities to revitalize existing communities, including infill development and utilizing existing assets, such as natural assets and public infrastructure; and (11) such other information or plans as a Council or the Secretary determines to be appropriate. (d) Approval (1) In general Not less frequently than annually, each Council shall approve a Plan by a majority vote of the members of the Council for submission to the Secretary for final approval under paragraph (2). (2) Approval by Secretary On receipt of a Plan under paragraph (1), the Secretary may approve or disapprove the Plan. 385F. Use of grant funds (a) Planning During the first 2 years of the term of a rural partnership block grant, a Council may use the funds for comprehensive planning and capacity building to implement a Plan. (b) Implementation (1) In general A Council shall use funds under a rural partnership block grant to implement a Plan. (2) Permissible uses In using funds to implement a Plan under paragraph (1), a Council may use the funds— (A) to support the development of critical infrastructure necessary to facilitate economic development in the applicable area, including high-speed internet, including new technologies for mobile internet services and for affordable, reliable cellular phone coverage; (B) to support activities to achieve greater economic and environmental resiliency, including for emergency preparedness, disaster recovery, and hazard mitigation; (C) to provide assistance to entities within the applicable area that provide basic public services, such as— (i) child care centers; (ii) nonprofit health care, including community health centers, primary and emergency medical care, mental health, and substance abuse treatment providers; (iii) public libraries; (iv) community centers; (v) public schools; and (vi) nonprofit technology centers, including business incubators and business accelerators; (D) to provide assistance with education, job training, workforce development, or other needs relating to the development and maintenance of a strong workforce and support of youth, unemployed, underemployed, dislocated, disabled, adult, and incumbent workers and individuals with a barrier to employment; (E) to provide assistance in the development of innovative collaborations that link public, private, and philanthropic resources to achieve collaboratively designed regional advancement; (F) to promote and use employee ownership, cooperatives, and local ownership in the development of infrastructure, businesses, and community services; (G) to acquire, or demolish improvements on, real property; (H) to construct or rehabilitate residential or nonresidential structures; (I) to develop new affordable low-income and workforce housing options that ensure mixed-income development; (J) to construct public facilities and improvements, such as water and sewer facilities, streets, community centers, and the conversion of school buildings for other purposes that are eligible for funding under this subsection; (K) to establish new connections between rural population centers and neighboring rural areas within the applicable area, and between the applicable area and urban areas, relating to systems such as the supply of clean energy, workforce sheds, food systems, supply chains, commuting patterns, and outdoor recreation; (L) to carry out activities relating to— (i) energy conservation; (ii) the development, storage, and use of clean energy resources; and (iii) bio-based manufacturing; (M) to rebuild and modernize infrastructure and expand investment to support agricultural diversification and supply chain development; (N) to promote integrated transportation, housing, energy, and economic development activities carried out across policy areas and governmental jurisdictions; (O) to coordinate business development, land use, housing, transportation, and infrastructure planning processes across jurisdictions and agencies; (P) to address public health needs, including— (i) access to mental health and substance abuse services; and (ii) access to healthy, locally, and regionally grown foods; (Q) to encourage entrepreneurship and the scale-up of existing business operations by— (i) improving access to capital, including market-based financing, such as angel, venture, equity, and equity-like capital; (ii) facilitating collaboration between entrepreneurs and institutions of higher education and applied research institutions for the purposes of commercialization of research or adoption of technology or processes; (iii) assisting with integration into a supply chain; and (iv) providing mentor, networking, and support services for entrepreneurs, including establishing business incubators or accelerators; (R) to develop innovative public and private collaborations for investments in the applicable area; (S) to use arts and culture for improvements in economic development, education, training, and quality of life; (T) to revitalize downtown corridors and other community centers to create vibrant, mixed-use neighborhoods; (U) to expand access to domestic and international markets for businesses and agricultural producers; (V) to lead development programming for organizations or cohorts of organizations included in the Plan; (W) to provide matching funds for other Federal funding if that other Federal funding is for a project that is in accordance with the goals of the Plan; (X) to promote the use of energy efficiency in applicable projects; and (Y) to provide technical assistance for cooperative conversions, startups, and expansions, including education on cooperative governance. 385G. Access to Federal programs (a) Definition of rural development program In this section, the term rural development program (1) community facility direct and guaranteed loans under section 306(a); (2) water or waste disposal grants or direct or guaranteed loans under paragraph (1) or (2) of section 306(a); (3) community facility grants under paragraph (19), (20), or (21) of section 306(a); (4) the rural cooperative development grant program established under section 310B(e); (5) business and industry guaranteed loans under section 310B(g); (6) the rural microentrepreneur assistance program established under section 379E; (7) the rural broadband access program established under title VI of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb (8) value-added producer grants under section 210A(d)(5) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627c(d)(5) (9) the Healthy Food Financing Initiative established under section 243 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6953 (10) the Rural Energy for America Program established under section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 (11) the rural energy savings program under section 6407 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107a (12) rural rental housing direct loans under section 515 of the Housing Act of 1949 ( 42 U.S.C. 1485 (13) the housing preservation grant program under section 533 of the Housing Act of 1949 ( 42 U.S.C. 1490m (14) loan guarantees for multifamily rental housing in rural areas under section 538 of the Housing Act of 1949 ( 42 U.S.C. 1490p–2 (15) housing preservation and revitalization demonstration loans and grants provided by the Rural Housing Service; and (16) multifamily housing transfer and prepayment technical assistance grants provided by the Rural Housing Service. (b) Waiver of matching funds requirements The Secretary shall waive any matching funds requirement under a rural development program for a project that is carried out in an applicable area that is within or comprises a census tract, or a group of contiguous census tracts, that has a poverty rate of 20 percent or greater. (c) Priority consideration for other rural development programs The Secretary shall give priority under a rural development program for an application for a project that— (1) is included in and supports a Plan; (2) is eligible for the applicable program from which the funds were set aside; and (3) is carried out in the applicable area covered by the Plan. (d) Other Federal agencies The Secretary of Agriculture, acting as the Chair of the Council on Rural Community Innovation and Economic Development established by section 6306 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 2204b–3 385H. Capacity building and technical assistance partners (a) Capacity building (1) In general The Secretary shall provide to a Council training, education, support, and advice to enhance the technical assistance, research, organizational, and other capacities of the Council in carrying out activities under the Fund. (2) Activities In carrying out paragraph (1), the Secretary, in coordination with the Rural Development Innovation Center established by the Secretary of Agriculture or through a contract for services entered into with an eligible technical assistance provider, may provide training, education, support, and advice that addresses— (A) emergent innovative opportunities that are not covered by an existing Plan; (B) entrepreneurial opportunities to advance the goals of the Fund; (C) opportunities to advance a more integrative rural policy framework for the United States, including building regional connections between urban areas and rural areas; (D) with support from the Chief Information Officer of the Department of Agriculture, the tracking, collection, and analysis of data and measurements for assessing the progress of Plans; and (E) best practices based on— (i) the experiences of Councils; and (ii) domestic and international rural development practices. (b) Rural Future Leadership Institute (1) In general The Secretary shall establish a Rural Future Leadership Institute (referred to in this subsection as the Institute (2) Selection of entities (A) In general Under the Institute, each year the Secretary shall select individuals to participate in the Institute. (B) Preference In selecting individuals to participate in the Institute under subparagraph (A), the Secretary shall give preference to an individual residing in, or directly assisting, an area represented by a Council. (3) Activities The Secretary shall provide to each individual that is selected to participate in the Institute under paragraph (2) year-long programming such as— (A) skill-building seminars; (B) best practice reviews; (C) site visits; (D) performance measurement and data analytics; and (E) other training and capacity building activities. (4) Peer exchange program In carrying out the Institute, the Secretary shall establish a peer exchange program within and across areas represented by Councils to promote industry-leading practices, innovations relating to the organizational development, program delivery, and regional initiatives of the Councils, and opportunities to build collaborative relationships between urban leaders and rural leaders. (c) Rural Future Corps (1) Definition of AmeriCorps participant In this subsection, the term AmeriCorps participant 42 U.S.C. 12571 42 U.S.C. 12571(b) (2) Establishment The Secretary shall enter into an agreement with the Corporation for National and Community Service under section 121(b) of the National and Community Service Act of 1990 ( 42 U.S.C. 12571(b) (A) expansion of critical services such as child care, health, nutrition assistance, education, and job training; and (B) strengthening the capacity of units of local government and economic, community, and cooperative development organizations to implement community and economic development activities. (3) Retention On completion of service of an AmeriCorps participant in the Rural Future Corps, the Secretary shall encourage the retention of the participant in the applicable area in which the participant served. (4) Relationship to national service programs Notwithstanding section 122(a) of the National and Community Service Act of 1990 ( 42 U.S.C. 12752(a) 42 U.S.C. 12572(b) (d) Map The Secretary, in coordination with the Chief Information Officer of the Department of Agriculture, shall make publicly available on a website a map of areas represented by Councils, including, with respect to each area, the members of the Council. (e) Technical assistance partners The Secretary may enter into a cooperative agreement under section 607(b)(4) of the Rural Development Act of 1972 ( 7 U.S.C. 2204b(b)(4) 385I. Evaluation and reporting (a) Evaluations Not later than the last day of the fourth year of the first rural partnership block grant awarded to a Council, and annually thereafter— (1) the Secretary shall evaluate the performance of the Council in carrying out the Plan of the Council in relation to the benchmarks established under subsection (b); and (2) the Council shall use the evaluation under paragraph (1) in updating the Plan under section 385E(d)(1). (b) Reporting benchmarks (1) In general The Secretary, in coordination with Councils and national providers of technical assistance under section 385H(e), shall establish annual reporting benchmarks relating to the purposes of the Fund. (2) Existing measures In establishing reporting benchmarks under paragraph (1), the Secretary shall consider relevant existing performance measures used in programs of the rural development mission area— (A) to achieve alignment with those programs; and (B) to allow for opportunities for a partnership block grant to leverage other funding provided under those programs. (c) Reports The Secretary shall— (1) not less frequently than annually, prepare and submit to Congress a report describing— (A) the implementation of the Fund; and (B) an assessment of future goals for the Fund; and (2) include the assessment described in paragraph (1)(B) in the comprehensive rural development strategy under section 607(c) of the Rural Development Act of 1972 ( 7 U.S.C. 2204b(c) 385J. Authorization of appropriations There is authorized to be appropriated to carry out the Fund $10,000,000,000 for each of fiscal years 2022 through 2026, of which— (1) $100,000,000 for each fiscal year shall be used for administrative functions, including staff and information technology infrastructure, of the Rural Innovation and Partnership Administration; and (2) $40,000,000 for each fiscal year shall be used to carry out section 385H. .
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Rebuild Rural America Act of 2021
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Supporting Our Seniors Act This bill establishes a commission to investigate and make recommendations on an annual basis about policies to address aspects of long-term care, such as financing options, affordability of services, and caregiver supports. The commission terminates 10 years after the bill's enactment.
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117 S4862 IS: Supporting Our Seniors Act U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4862 IN THE SENATE OF THE UNITED STATES September 15, 2022 Ms. Rosen Mr. Boozman Committee on Health, Education, Labor, and Pensions A BILL To establish a commission on long-term care. 1. Short title This Act may be cited as the Supporting Our Seniors Act 2. Commission on Long-Term Care (a) In general There is established a commission to be known as the Commission on Long-Term Care (referred to in this section as the Commission (b) Membership (1) Composition (A) Members The Commission shall be composed of 12 members, of whom— (i) 6 shall be appointed by the President; (ii) 2 shall be appointed by the Speaker of the House of Representatives; (iii) 1 shall be appointed by the minority leader of the House of Representatives; (iv) 2 shall be appointed by the majority leader of the Senate; and (v) 1 shall be appointed by the minority leader of the Senate. (B) Qualifications Each member appointed under subparagraph (A) shall have experience in one or more of the following areas: (i) Palliative care. (ii) Home and community-based services delivery. (iii) Labor and workforce development. (iv) Aging and geriatrics. (v) Advocating for the disability community. (vi) Long-term care insurance. (vii) Advocating for patients and caregivers. (C) Diversity of qualifications (i) In general In making appointments to the Commission under subparagraph (A), the President and the congressional leaders shall make every effort to select individuals whose qualifications are not already represented by other members of the Commission. (ii) Representation of all qualification areas If no member of the Commission has experience in an area identified in subparagraph (B), the Secretary of Health and Human Services shall appoint an agency detailee or stakeholder representative who has experience in such area to be present for all meetings of the Commission. (2) Date of appointments The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. (3) Member terms; vacancies (A) Member terms Members shall be appointed to the Commission for terms of 6 years (in the case of members appointed by the President) and 4 years (in the case of all other members). There shall be no limitation on the number of terms a member may be appointed for. (B) Vacancies Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Chairperson The President shall select a Chairperson for the Commission from among its members. (c) Meetings (1) Initial meeting Not later than 60 days after the date on which a majority of the members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Meetings The Commission shall meet at the call of the Chairperson. (3) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (d) Duties of the Commission (1) In general The Commission shall not later than 1 year after the date of enactment of this Act, and on a yearly basis thereafter, submit policy recommendations to Congress, the President, appropriate Federal agencies, and the public with respect to the following: (A) Long-term care coverage for non-Medicaid eligible population. (B) Considerations for aging in place. (C) Financing options for long-term care for low and middle income individuals. (D) Caregiver supports and workforce stability and preparedness. (E) Access to comprehensive care, including geriatric care as appropriate, coordination of medical and personal care needs, access to palliative care as needed, including both concurrently with curative treatment for serious illness or injury and as hospice end-of-life care. (F) Affordability of services. (G) Considerations for children and non-senior adults with disabilities. (H) Support for adult children caring for aging parents, including through health benefits, tax credits, and other tax incentives for caregivers who are not able to claim their parents as dependents for tax purposes. (I) Integrating meals, access to basic services, wraparound community services. (J) Reducing hospitalization costs through increased access to home-based services, including with options through the Medicare and Medicaid programs. (2) Interaction with outside groups In developing the recommendations under paragraph (1), the Commission shall regularly consult with— (A) a wide variety of stakeholder groups; (B) the Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Commission; and (C) State and county aging agencies. (3) Federal agency response Not later than 6 months after the submission of a report required under paragraph (1), any Federal agency that is affected by a recommendation described in the report shall submit to Congress a report containing the response of the Federal agency to the recommendation and the plans of the Federal agency to address the recommendation. (e) Powers of the Commission (1) In general The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. The Commission shall have the authority to exercise these powers via video conference or other remote technology as it determines to be appropriate. (2) Information from federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property so long as such gifts or donations are publicly disclosed. (f) Commission personnel matters (1) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (2) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 (3) Detail of government employees At the discretion of the relevant agency, any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (4) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (g) Termination of the Commission The Commission shall terminate on the date that is 10 years after the date of enactment of this Act. 3. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act.
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Supporting Our Seniors Act
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Women's Business Centers Improvement Act of 2022 This bill reauthorizes the Women's Business Center Program through FY2026, raises the cap on individual center grants, establishes an accreditation program for grant recipients, and revises the duties of the Office of Women's Business Ownership. Specifically, the bill modifies the Women's Business Center Program to enable the Small Business Administration (SBA) to provide initial and continuation grants to eligible entities to operate women's business centers for the benefit of women-owned small businesses. The SBA must also publish standards for a program to accredit entities that receive grants from the Women's Business Center Program, and such entities' receipt of continuation grants shall be contingent upon their obtaining accreditation.
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117 S4863 IS: Women’s Business Centers Improvement Act of 2022 U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4863 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Cardin Ms. Duckworth Ms. Hirono Mrs. Shaheen Ms. Rosen Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to improve the Women’s Business Center Program, and for other purposes. 1. Short title This Act may be cited as the Women’s Business Centers Improvement Act of 2022 2. Amendments to Women’s Business Center Program Section 29 of the Small Business Act ( 15 U.S.C. 656 29. Women’s Business Center Program (a) Definitions In this section: (1) Assistant Administrator The term Assistant Administrator (2) Eligible entity The term eligible entity (A) an organization described in section 501(c) (B) a State, regional, or local economic development organization, if the organization certifies that grant funds received under this section will not be commingled with other funds; (C) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965, unless the institution is receiving a grant under section 21; (D) a development, credit, or finance corporation chartered by a State, if the corporation certifies that grant funds received under this section will not be commingled with other funds; or (E) any combination of entities listed in subparagraphs (A) through (D). (3) Relevant organizations The term relevant organizations (A) organizations that advocate for or work with women entrepreneurs, women’s business ownership, or women’s business centers; and (B) other organizations as the Administrator determines appropriate. (4) Resource partners The term resource partners (5) Women’s business center The term women’s business center (6) Women’s Business Center Organization The term Women’s Business Center Organization (b) Authority (1) Establishment There is established a Women’s Business Center Program under which the Administrator may enter into a cooperative agreement with an eligible entity to provide a grant to the eligible entity to operate 1 or more women’s business centers for the benefit of small business concerns owned and controlled by women. (2) Use of funds A women’s business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide— (A) financial assistance, including counseling and training on how to— (i) apply for and secure business credit and investment capital; (ii) prepare and present financial statements; and (iii) manage cash flow and other financial operations of a small business concern; (B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; (C) marketing assistance, including counseling and training on how to— (i) identify and segment domestic and international market opportunities; (ii) prepare and execute marketing plans; (iii) develop pricing strategies; (iv) locate contract opportunities; (v) negotiate contracts; and (vi) use various public relations and advertising techniques; and (D) other services, as needed, in order to meet the changing and evolving needs of the small business community. (3) Types of grants (A) Initial grant The amount of an initial grant, which shall be for a 5-year term, provided under this section to an eligible entity shall be not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation). (B) Continuation grants (i) In general The Administrator may award a continuation grant, which shall be for a 5-year term, of not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation) to an eligible entity that received an initial grant under subparagraph (A). (ii) No limitation There shall be no limitation on the number of continuation grants an eligible entity may receive under this section. (c) Application (1) Initial grants and continuation grants To receive an initial grant or continuation grant under this section, an eligible entity shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may require, including— (A) a certification that the eligible entity— (i) has designated an executive director or program manager, who may be compensated using grant funds awarded under this section or other sources, to manage each women’s business center for which a grant under subsection (b) is sought; and (ii) meets accounting and reporting requirements established by the Director of the Office of Management and Budget; (B) information demonstrating the experience and effectiveness of the eligible entity in— (i) providing entrepreneurial counseling and training described in subsection (b)(2); (ii) providing training and services to a representative number of women who are both socially and economically disadvantaged; and (iii) working with resource partners, offices of the Administration, and other public and private entities engaging in entrepreneurial and small business development; and (C) a 5-year plan that— (i) includes information relating to the assistance to be provided by each women’s business center in the area in which each center is located; (ii) describes the ability of the eligible entity to meet the needs of the market to be served by each women’s business center; (iii) describes the ability of the eligible entity to obtain the matching funds required under subsection (e); and (iv) describes the ability of the eligible entity to provide entrepreneurial counseling and training described in subsection (b)(2), including to a representative number of women who are both socially and economically disadvantaged. (2) Record retention (A) In general The Administrator shall maintain a copy of each application submitted under this subsection for not less than 5 years. (B) Paperwork reduction The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out subparagraph (A). (d) Selection of eligible entities (1) In general In selecting recipients of initial grants, the Administrator shall consider— (A) the experience of the applicant in providing entrepreneurial counseling and training; (B) the amount of time needed for the applicant to commence operation of a women’s business center; (C) the capacity of the applicant to meet the accreditation standards established under subsection (j)(4) in a timely manner and the likelihood that the recipient will become accredited; (D) the ability of the applicant to sustain operations, including the applicant’s ability to obtain matching funds under subsection (e), for a 5-year period; (E) the proposed location of a women’s business center to be operated by the applicant and the location’s proximity to Veteran Business Outreach Centers and to recipients of grants under section 8(b)(1) or 21; (F) the counsel of a Women's Business Center Organization or another relevant organization on the level of unmet need in the area where the women’s business center is to be located; and (G) whether the applicant has received trainings conducted by, utilized services provided by, or engaged with a Women’s Business Center Organization or another relevant organization in the preparation of the application. (2) Selection criteria (A) Rulemaking The Administrator shall issue regulations to specify the criteria for review and selection of applicants under this subsection. (B) Effect of regulations at time of application Unless otherwise required by an Act of Congress or an order of a Federal court, any application for an opportunity to award a grant under this section shall be governed by the regulations issued pursuant to subparagraph (A) that are in effect at the time of the public announcement of such opportunity made by the Administrator pursuant to subsection (k)(1). (C) Rule of construction Nothing in this paragraph may be construed as prohibiting the Administrator from modifying the regulations issued pursuant to subparagraph (A) as the regulations apply to an opportunity to be awarded a grant under this section that the Administrator has not yet publicly announced pursuant to subsection (k)(1). (e) Matching requirements (1) In general Subject to paragraph (5), upon approval of an application submitted under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources— (A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and (B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. (2) Form of matching funds Not more than one-half of non-Federal matching funds described in paragraph (1) may be in the form of in-kind contributions that are budget line items only, including office equipment and office space. (3) Solicitation Notwithstanding any other provision of law, an eligible entity may— (A) solicit cash and in-kind contributions from private individuals and entities to be used to operate a women’s business center; and (B) use amounts made available by the Administrator under this section for the cost of solicitation and management of the contributions received, subject to the limitations set by the Administrator. (4) Disbursement of funds The Administrator may disburse an amount not greater than 25 percent of the total amount of a grant awarded to an eligible entity before the eligible entity obtains the matching funds described in paragraph (1). (5) Failure to obtain matching funds (A) In general If an eligible entity fails to obtain the required matching funds described in paragraph (1), the eligible entity may not be eligible to receive advance disbursements pursuant to paragraph (4) during the remainder of the term, if applicable, of an initial grant awarded under this section. (B) Continuation grant Before approving the eligible entity for a continuation grant under this section, the Administrator shall make a written determination, including the reasons for the determination, of whether the Administrator believes that the eligible entity will be able to obtain the requisite matching funding under paragraph (1) for the continuation grant. (6) Waiver of non-Federal share (A) In general Upon request by an eligible entity and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain matching funds under paragraph (1) for a grant awarded under this section for the eligible entity for a 1-year term of the grant. (B) Considerations In determining whether to issue a waiver under this paragraph, the Administrator shall consider— (i) the economic conditions affecting the eligible entity; (ii) the demonstrated ability of the eligible entity to raise non-Federal funds; and (iii) the performance of the eligible entity under the initial grant. (C) Limitation The Administrator may not issue a waiver under this paragraph if the Administrator determines that granting the waiver would undermine the credibility of the Women’s Business Center Program. (7) Excess non-Federal dollars The amount of non-Federal dollars obtained by an eligible entity that is greater than the amount that is required to be obtained by the eligible entity under this subsection shall not be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto, if the amount of non-Federal dollars— (A) is not used as matching funds for purposes of implementing the Women’s Business Center Program; and (B) was not obtained by using funds granted under the Women’s Business Center Program. (8) Carryover An eligible entity may use excess non-Federal dollars described in paragraph (7) to satisfy the matching funds requirement under paragraph (1) for the subsequent 1-year grant term, if applicable, except that the amounts shall be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto. (f) Other requirements (1) Separation of funds An eligible entity shall— (A) operate a women’s business center under this section separately from other projects, if any, of the eligible entity; and (B) separately maintain and account for any grant funds received under this section. (2) Examination of eligible entities (A) Required site visit Before receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. (B) Annual review An employee of the Administration shall— (i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and (ii) provide the results of the examination to the eligible entity. (3) Remediation of problems (A) Plan of action If an examination of an eligible entity conducted under paragraph (2)(B) identifies any problems, the eligible entity shall, not later than 45 calendar days after receiving a copy of the results of the examination, provide the Assistant Administrator with a plan of action, including specific milestones, for correcting those problems. (B) Plan of action review by the Assistant Administrator Not later than 30 days after receipt of the plan of action, the Assistant Administrator shall review the plan of action submitted under subparagraph (A), and if the Assistant Administrator determines that the plan— (i) will bring the eligible entity into compliance with all the terms of a cooperative agreement described in subsection (b), the Assistant Administrator shall approve the plan; or (ii) is inadequate to remedy the problems identified in the annual examination to which the plan of action relates, the Assistant Administrator shall set forth the reasons in writing and provide the determination to the eligible entity not later than 15 calendar days after the date of determination. (C) Amendment to plan of action An eligible entity receiving a determination under subparagraph (B)(ii) shall have 30 calendar days from the receipt of the determination to amend the plan of action to satisfy the problems identified by the Assistant Administrator and resubmit the plan to the Assistant Administrator. (D) Amended plan review by the Assistant Administrator Not later than 15 calendar days after receipt of an amended plan of action under subparagraph (C), the Assistant Administrator shall approve or reject the plan and provide the approval or rejection in writing to the eligible entity. (E) Appeal of Assistant Administrator determination (i) In general If the Assistant Administrator rejects an amended plan of action under subparagraph (D), the eligible entity shall have the opportunity to appeal the decision to the Administrator, who may delegate the appeal to an appropriate officer of the Administration. (ii) Opportunity for explanation Any appeal described in clause (i) shall provide an opportunity for the eligible entity to provide, in writing, an explanation of why the amended plan of action of the eligible entity remedies the problems identified in the annual examination conducted under paragraph (2)(B). (iii) Notice of determination The Administrator shall provide to the eligible entity a determination of the appeal, in writing, not later than 15 calendar days after the eligible entity files an appeal under this subparagraph. (iv) Effect of failure to act If the Administrator fails to act on an appeal made under this subparagraph within the 15-day period specified under clause (iii), the amended plan of action of the eligible entity submitted under subparagraph (C) shall be deemed to be approved. (4) Termination of grant (A) In general The Administrator shall terminate a grant to an eligible entity under this section if the eligible entity fails to comply with— (i) a plan of action approved by the Assistant Administrator under paragraph (3)(B)(i); or (ii) an amended plan of action approved by the Assistant Administrator under paragraph (3)(D) or approved on appeal under paragraph (3)(E). (B) Appeal of termination An eligible entity shall have the opportunity to challenge the termination of a grant under subparagraph (A) on the record and after an opportunity for a hearing. (C) Final agency action A determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 (5) Engagement with majority Women’s Business Center Organization, women's business centers, and other relevant organizations If, on the date of enactment of the Women’s Business Centers Improvement Act of 2022 (A) recognize the existence and activities of the Organization; and (B) consult with the Organization, and to the extent practicable, women's business centers and other relevant organizations, on the development of documents with respect to— (i) announcing the annual scope of activities pursuant to this section; (ii) requesting proposals to deliver assistance as provided in this section; and (iii) the governance, general operations, and administration of the Women's Business Center Program, including general best practices in the operation of that Program and the development of regulations and financial examinations under that Program. (6) Enforcement (A) Grants The Assistant Administrator shall develop policies and procedures to minimize the possibility of awarding a grant to an eligible entity that will operate a women’s business center that likely will not remain in compliance with program and financial requirements. (B) Individual cooperative agreements The Assistant Administrator shall enforce the terms of any individual cooperative agreement described in paragraph (5)(B)(iii). (g) Program examination (1) In general The Administration shall— (A) develop and implement an annual programmatic and financial examination of each eligible entity receiving a grant under this section, under which each eligible entity shall provide to the Administration— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the requirements of subsection (e) and, with respect to any in-kind contributions described in subsection (e)(2) that were used to satisfy the requirements of subsection (e), verification of the existence and valuation of those contributions; and (B) analyze the results of each examination and, based on that analysis, make a determination regarding the programmatic and financial viability of each women’s business center operated by the eligible entity. (2) Conditions for continued funding In determining whether to award a continuation grant to an eligible entity, the Administrator shall— (A) consider the results of the most recent examination of the eligible entity under paragraph (1); (B) determine if— (i) the eligible entity has failed to provide, or provided inadequate, information under paragraph (1)(A); or (ii) the eligible entity has failed to provide any information required to be provided by a women’s business center for purposes of the management report under subsection (l)(1), or the information provided by the center is inadequate; and (C) consider the accreditation status as described in subsection (j)(4). (h) Contract authority (1) Eligible entity An eligible entity that receives a grant under this section may enter into a contract with a Federal department or agency to provide specific assistance to small business concerns owned and controlled by women and other underserved small business concerns, if performance of that contract does not hinder the ability of the eligible entity to carry out the terms of a grant received under this section. (2) Administrator (A) In general The authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. (B) Adverse contract action After the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, the Administrator shall not suspend, terminate, or fail to renew or extend the contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 (i) Privacy requirements (1) In general A women’s business center may not disclose the name, address, email address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of that individual or small business concern, unless— (A) the Administrator orders the disclosure after the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers a disclosure to be necessary for the purpose of conducting a financial audit of a women’s business center, except that the disclosure shall be limited to the information necessary for the audit. (2) Administration use of information This subsection shall not— (A) restrict the access of the Administration to women’s business center data; or (B) prevent the Administration from using information about individuals who use women’s business centers to conduct surveys of those individuals. (3) Regulations The Administrator shall issue regulations to establish standards for disclosures for purposes of a financial audit described in paragraph (1)(B). (j) Office of Women’s Business Ownership (1) Establishment There is established within the Administration an Office of Women’s Business Ownership, which shall be— (A) responsible for the administration of the Administration’s programs for the development of women’s business enterprises, as defined in section 408 of the Women’s Business Ownership Act of 1988 ( 15 U.S.C. 7108 (B) administered by an Assistant Administrator, who shall be appointed by the Administrator. (2) Assistant Administrator of the Office of Women’s Business Ownership (A) Qualification The position of Assistant Administrator shall be— (i) a Senior Executive Service position under section 3132(a)(2) of title 5, United States Code; and (ii) a noncareer appointee, as defined in section 3132(a)(7) of that title. (B) Duties The Assistant Administrator shall administer the programs and services of the Office of Women’s Business Ownership and perform the following functions: (i) Recommend the annual administrative and program budgets of the Office and eligible entities receiving a grant under the Women’s Business Center Program. (ii) Review the annual budgets submitted by each eligible entity receiving a grant under the Women’s Business Center Program. (iii) Collaborate with other Federal departments and agencies, State and local governments, nonprofit organizations, and for-profit organizations to maximize utilization of taxpayer dollars and reduce or eliminate any duplication among the programs overseen by the Office of Women’s Business Ownership and those of other entities that provide similar services to women entrepreneurs. (iv) Maintain a clearinghouse to provide for the dissemination and exchange of information between women’s business centers. (v) Serve as the vice chairperson of the Interagency Committee on Women’s Business Enterprise and as the liaison for the National Women’s Business Council. (3) Mission The mission of the Office of Women’s Business Ownership shall be to assist women entrepreneurs to start, grow, and compete in global markets by providing quality support with access to capital, access to markets, job creation, growth, and counseling by— (A) fostering participation of women entrepreneurs in the economy by overseeing a network of women’s business centers throughout States and territories; (B) creating public-private partnerships to support women entrepreneurs and conduct outreach and education to small business concerns owned and controlled by women; and (C) working with other programs of the Administrator to— (i) ensure women are well-represented in those programs and being served by those programs; and (ii) identify gaps where participation by women in those programs could be increased. (4) Accreditation program (A) Establishment Not later than 270 days after the date of enactment of the Women’s Business Centers Improvement Act of 2022 (B) Public comment; transition Before publishing the standards under subparagraph (A), the Administrator— (i) shall provide a period of not less than 60 days for public comment on the standards; and (ii) may not terminate a grant under this section absent evidence of fraud or other criminal misconduct by the recipient. (C) Contracting authority The Administrator may provide financial support, by contract or otherwise, to a Women’s Business Center Organization to provide assistance in establishing the standards required under subparagraph (A) or for carrying out an accreditation program pursuant to those standards. (5) Continuation grant considerations (A) In general In determining whether to award a continuation grant under this section, the Administrator shall consider the results of the annual programmatic and financial examination conducted under subsection (g) and the accreditation program. (B) Accreditation requirement On and after the date that is 2 years after the date of enactment of the Women’s Business Centers Improvement Act of 2022 (6) Annual conference (A) In general Each women’s business center shall participate in annual professional development at an annual conference facilitated by the Administrator. (B) Collaboration The Administrator shall collaborate with 1 or more Women’s Business Center Organizations, women’s business centers, or other relevant organizations in carrying out the responsibilities of the Administrator under subparagraph (A). (k) Notification requirements under the Women’s Business Center Program The Administrator shall provide the following: (1) A public announcement of any opportunity to be awarded grants under this section, to include the selection criteria under subsection (d) and any applicable regulations. (2) To any applicant for a grant under this section that failed to obtain a grant, an opportunity to debrief with the Administrator to review the reasons for the failure of the applicant. (3) To an eligible entity that receives an initial grant under this section, if a site visit or review of the eligible entity is carried out by an officer or employee of the Administration (other than the Inspector General), a copy of the site visit report or evaluation, as applicable, not later than 30 calendar days after the completion of the visit or evaluation. (l) Annual management report (1) In general The Administrator shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of women’s business centers operated through a grant awarded under this section. (2) Information for report Each women’s business center shall, annually and upon request, provide the Administrator with sufficient information to complete the report required under paragraph (1), including the information described in paragraph (3). (3) Contents Each report submitted under paragraph (1) shall summarize— (A) information concerning, with respect to each women’s business center established pursuant to a grant awarded under this section, the most recent analysis of the annual programmatic and financial examination of the applicable eligible entity, as required under subsection (g)(1)(B), and the subsequent determination made by the Administration under that subsection; (B) the total number of individuals and the number of unique individuals counseled or trained through the Women's Business Center Program; (C) the total number of hours of counseling and training services provided through the Program; (D) to the extent practicable, the demographics of Program participants to include the gender, race, ethnicity, and age of each participant; (E) the number of Program participants who are veterans; (F) the number of new businesses started by participants in the Program; (G) to the extent practicable, the number of jobs supported, created, or retained with assistance from women’s business centers; (H) the total amount of capital secured by participants in the Program, including through loans and equity investment of the Administration; (I) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (J) an estimate of gross receipts, including to the extent practicable a description of any change in revenue of small business concerns assisted through the Program; (K) the number of referrals of individuals to other resources and programs of the Administration; (L) the results of satisfaction surveys of participants, including a summary of any comments received from those participants; and (M) any recommendations by the Administrator to improve the delivery of services by women’s business centers. (m) Authorization of appropriations (1) In general There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $31,500,000 for each of fiscal years 2023 through 2026. (2) Use of amounts (A) In general Except as provided in subparagraph (B), amounts made available under this subsection for fiscal year 2023, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section. (B) Exceptions Of the amount made available under this subsection for a fiscal year, for the fiscal year beginning after the date of enactment of the Women’s Business Centers Improvement Act of 2022 (C) Accreditation and annual conference Of the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). (3) Expedited acquisition Notwithstanding any other provision of law, the Administrator may use expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business concerns are provided a reasonable opportunity to submit proposals. . 3. Effect on existing grants (a) Terms and conditions A nonprofit organization receiving a grant under section 29(m) of the Small Business Act ( 15 U.S.C. 656(m) 15 U.S.C. 656(m)(5) (b) Length of continuation grant The Administrator of the Small Business Administration may award a grant under section 29 of the Small Business Act ( 15 U.S.C. 656 (1) beginning on the day after the last day of the grant agreement under such section 29(m); and (2) ending at the end of the third fiscal year beginning after the date of enactment of this Act. 4. Regulations Not later than 270 days after the date of enactment of this Act, the Administrator of Small Business Administration shall issue rules as are necessary to carry out section 29 of the Small Business Act ( 15 U.S.C. 656
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Women’s Business Centers Improvement Act of 2022
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Pipeline Fairness, Transparency, and Responsible Development Act of 2022 This bill addresses provisions related to natural gas pipeline projects, including provisions related to the permitting process, eminent domain, environmental reviews, and the visual impacts of such projects on national scenic trails.
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117 S4864 IS: Pipeline Fairness, Transparency, and Responsible Development Act of 2022 U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4864 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Kaine Mr. Warner Committee on Commerce, Science, and Transportation A BILL To amend the Natural Gas Act to bolster fairness and transparency in the consideration of interstate natural gas pipeline permits, to provide for greater public input opportunities in the natural gas pipeline permitting process, and for other purposes. 1. Short title This Act may be cited as the Pipeline Fairness, Transparency, and Responsible Development Act of 2022 2. Notice to affected landowners (a) Initial notice Section 7(d) of the Natural Gas Act ( 15 U.S.C. 717f(d) (1) by striking the subsection designation and all that follows through Application for certificates (d) Application for certificate of public convenience and necessity (1) In general Subject to paragraph (2), an application for a certificate ; and (2) by adding at the end the following: (2) Requirements (A) Application An application for a certificate of public convenience and necessity under paragraph (1) shall include— (i) the name and address of each interested party on whom the Commission or the applicant is required to serve notice of the application under that paragraph; and (ii) a copy of the notice proposed to be served on each interested party under that paragraph. (B) Notice (i) In general A notice served on an interested party under paragraph (1) shall include the following: (I) A description of the proceeding before the Commission relating to the application for a certificate of public convenience and necessity, which shall include the following statement: “‘If the applicant ([name of applicant]) wants to build the pipeline on property that you own, and the Commission issues the requested certificate of public convenience and necessity, then the applicant will have the right, subject to paying just compensation, to take your property for its project.’. (II) Complete instructions on how the interested party can move to intervene in the proceeding described in the notice, including instructions on how to intervene— (aa) electronically; and (bb) through a paper filing. (III) A clear statement of the contents required to be included in a motion to intervene in the proceeding described in the notice. (IV) The deadline for the interested party to move to intervene in the proceeding described in the notice. (V) A section, separated from the remaining text of the notice and clearly displayed in bold print, informing the interested party that— (aa) in order to preserve the right to seek judicial review of a decision by the Commission relating to the certificate of public convenience and necessity, the interested party must intervene in the proceeding described in the notice; and (bb) intervention in the proceeding described in the notice is the only way to preserve the right to judicial review described in item (aa). (ii) Review The Commission shall— (I) review each notice submitted to the Commission under subparagraph (A)(ii) to determine whether the notice meets the requirements described in clause (i); and (II) approve the notice only if the notice meets— (aa) those requirements; and (bb) any other requirements that the Commission determines to be necessary to provide adequate notice. (iii) Service (I) In general An applicant may not serve notice on an interested party under paragraph (1) unless the notice has been approved by the Commission under clause (ii). (II) Deadline A notice under paragraph (1) shall be served on an interested party not later than 90 days before the last day on which the interested party may intervene in the proceeding described in the notice. (C) Public availability of information relating to interested parties On request of any person, the Commission shall disclose the names and addresses submitted to the Commission under subparagraph (A)(i), subject to such reasonable terms and conditions as the Commission determines to be appropriate. . (b) Subsequent notice Section 7(e) of the Natural Gas Act ( 15 U.S.C. 717f(e) (1) by striking the subsection designation and all that follows through of this section, (e) Issuance of certificate (1) In general Except in the cases governed by the provisos in subparagraphs (A) and (B) of subsection (c)(1), and subject to paragraphs (2) through (4), ; (2) in paragraph (1) (as so designated), by striking necessity; otherwise The Commission (2) Requirement The Commission shall deny any application for which the Commission has not made the findings described in paragraph (1). (3) Terms and conditions The Commission ; and (3) by adding at the end the following: (4) Notice of issuance (A) In general On issuance of a certificate of public convenience and necessity by the Commission, the applicant requesting the certificate shall provide to each interested party on whom the applicant served notice of the application under subsection (d) a notice of the issuance of the certificate. (B) Requirements Each notice under subparagraph (A) shall include— (i) complete instructions on how the recipient of the notice may apply for a rehearing before the Commission; (ii) a clear statement of the contents required to be included in an application for a rehearing before the Commission; (iii) the deadline for the recipient to file that application; (iv) the time period for seeking judicial review of a decision of the Commission on an application for rehearing; (v) a statement in bold print informing the recipient that judicial review will not be available with respect to a decision of the Commission on any issue for which the recipient has not sought rehearing before the Commission; and (vi) a clear reference to— (I) subsections (a) and (b) of section 19; and (II) any rules issued under those subsections relating to the time or manner of seeking— (aa) a rehearing before the Commission; or (bb) judicial review of a decision of the Commission under this section, including any decision on a rehearing. (C) Effect of notice No court shall have jurisdiction over any action to exercise the right of eminent domain under subsection (h) with respect to any property covered by the applicable certificate of public convenience and necessity issued under this subsection unless the holder of the certificate has provided notice under this paragraph to each interested party described in subparagraph (A). . 3. Conditioned certificates Section 7(e) of the Natural Gas Act ( 15 U.S.C. 717f(e) (5) Restrictions (A) Eminent domain (i) Commencement of action A holder of a certificate of public convenience and necessity may not commence an action under subsection (h) until the earlier of— (I) the earliest date on which all timely applications for rehearing under section 19(a) have received a ruling on the merits by the Commission under that section; and (II) the date that is 90 days after the latest date on which a timely application for rehearing under section 19(a) has been deemed denied under paragraph (3)(B)(i) of that section. (ii) Jurisdiction over eminent domain actions No court shall have jurisdiction over any action to exercise the right of eminent domain under subsection (h) with respect to any property covered by the applicable certificate of public convenience and necessity if the holder of that certificate has not received all certifications, authorizations, approvals, permits, or other permissions required under Federal law— (I) to begin construction; and (II) to complete the entire project for which the certificate was issued. (B) Construction (i) In general Except as provided in clause (ii), the holder of a certificate of public convenience and necessity may not begin construction, preconstruction, or land-disturbing activities under that certificate until the later of— (I) the earliest date on which the holder has received all required certifications, authorizations, approvals, permits, or other permissions described in subparagraph (A)(ii); and (II) the earliest date on which all timely applications for rehearing under section 19(a) have either— (aa) received a ruling on the merits by the Commission under that section; or (bb) been deemed denied under paragraph (3)(B)(i) of that section. (ii) Exception Clause (i) shall not apply to activities described in that clause that are carried out— (I) on land that is owned by the holder of the certificate of public convenience and necessity; or (II) in an existing utility right-of-way. . 4. Eminent domain (a) Statement of policy With respect to the construction and operation of natural gas pipelines, it is the policy of the United States to protect the rights of citizens of the United States to their private property, including by limiting the taking of private property by the Federal Government and the use of eminent domain authority granted under any Federal statute to situations in which the taking is for public use, with just compensation, and required by the public convenience and necessity, and not merely to advance the economic interests of private parties that would be given ownership or use of the property taken. (b) Just compensation Section 7(h) of the Natural Gas Act ( 15 U.S.C. 717f(h) (1) by striking the subsection designation and all that follows through When any holder (h) Eminent domain (1) In general When any holder ; (2) in paragraph (1) (as so designated), in the second sentence— (A) by striking The practice (2) Practice and procedure (A) In general Subject to subparagraph (B), the practice ; (3) in paragraph (2)(A) (as so designated), by striking situated: Provided, That the (B) Limitation The ; and (4) by adding at the end the following: (3) Just compensation (A) Definition of lost conservation value In this paragraph, the term lost conservation value (i) the value of any use of land for conservation purposes (as defined in section 1.170A–14(d) of title 26, Code of Federal Regulations (or a successor regulation)) that is interrupted or prevented by the exercise of the right of eminent domain under paragraph (1); (ii) any decrease in the value of land due to the interruption or prevention of a use described in clause (i); and (iii) any lost benefit or decrease in the value of a benefit due to the interruption or prevention of a use described in clause (i). (B) Land subject to a conservation easement In determining the just compensation for property acquired by the exercise of the right of eminent domain under paragraph (1), in the case of land subject to a conservation easement, the court with jurisdiction over the proceeding shall consider the lost conservation value of that land. . 5. Appraisals, offers of compensation, and possession Section 7(h) of the Natural Gas Act ( 15 U.S.C. 717f(h) (4) Appraisals and offers of compensation (A) Appraisals (i) In general The holder of a certificate of public convenience and necessity shall have the property covered by the certificate independently appraised in accordance with generally accepted appraisal standards. (ii) Requirement The owner of the applicable property (or a designated representative of the owner) shall be given the opportunity to accompany the appraiser during any inspection of the property that is part of an appraisal under clause (i). (iii) Timing An appraisal under clause (i) shall be carried out before the holder of the certificate of public convenience and necessity makes an offer of compensation to the owner of the applicable property. (B) Offers of compensation Any offer of compensation made to an owner of property that is covered by a certificate of public convenience and necessity— (i) shall be made in writing; (ii) may not be for an amount less than the fair market value of the property, as determined by an appraisal carried out under subparagraph (A); and (iii) shall include damages to any property of the owner that is adjacent to the property covered by the certificate. (5) Jurisdiction over eminent domain actions No court shall have jurisdiction over any action to exercise the right of eminent domain under this subsection unless— (A) an appraisal has been carried out in accordance with subparagraph (A) of paragraph (4); and (B) the holder of the certificate of public convenience and necessity has made an offer of compensation to the owner of the applicable property in accordance with subparagraph (B) of that paragraph. (6) Right of possession An owner of property covered by a certificate of public convenience and necessity shall not be required to surrender possession of the property unless the holder of the certificate— (A) has paid to the owner the agreed purchase price; or (B) has deposited with the applicable court the amount of the award of compensation in the condemnation proceeding for the property. . 6. Process coordination for environmental review Section 15 of the Natural Gas Act ( 15 U.S.C. 717n (g) Environmental review for interstate natural gas pipelines (1) Definitions In this subsection: (A) Federal authorization (i) In general The term Federal authorization (ii) Inclusions The term Federal authorization (B) Project The term project (2) Cumulative impacts analysis In considering an application for Federal authorization for a project in a State, if, during the 1-year period beginning on the date on which the application is filed, an application for Federal authorization for a separate project is filed, and that project is located in the same State and within 100 miles of the first project, the Commission shall consider both projects to be 1 project for purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (3) Supplemental environmental impact statements (A) In general If the Commission determines that comments submitted in response to a draft environmental impact statement prepared with respect to an application for Federal authorization raise issues that exceed the initial scope of the draft environmental impact statement, a supplemental environmental impact statement shall be prepared for the project. (B) Mitigation plans If a draft environmental impact statement prepared with respect to an application for Federal authorization does not include information about mitigation plans for adverse impacts that cannot reasonably be avoided, a supplemental environmental impact statement shall be prepared that includes that information. (4) Public meeting requirements (A) In general In complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (i) in each county or equivalent subdivision in which the project will be located; and (ii) during each period of public comment preceding, if applicable, publication of— (I) a draft environmental impact statement; (II) a final environmental impact statement; and (III) any supplemental environmental impact statement. (B) Notice The Commission shall ensure that notice of each meeting held under subparagraph (A)— (i) is provided to the public and each interested party not later than 30 days before the date of the meeting; and (ii) includes the information described in section 7(d)(2)(B)(i). . 7. Impacts on critical natural resources Subsection (g) of section 15 of the Natural Gas Act ( 15 U.S.C. 717n (5) National scenic trails (A) In general In preparing an environmental impact statement with respect to an application for Federal authorization for a project, any evaluation of the visual impacts of the project on a national scenic trail designated by the National Trails System Act ( 16 U.S.C. 1241 et seq. (i) consider the cumulative visual impacts of any similar proposed project— (I) for which an application for Federal authorization is in the pre-filing or filing stage; and (II) that impacts the same national scenic trail within 100 miles of the first project; and (ii) include visual impact simulations depicting leaf-on and leaf-off views at each location where major visual impacts occur, as identified, authenticated, and justified during the period of public comment preceding the publication of a draft environmental impact statement by the head of the Federal agency or independent agency administering the land at the applicable location. (B) National forest management plans No amendment to a National Forest management plan under the Forest and Rangeland Renewable Resources Planning Act of 1974 16 U.S.C. 1600 et seq. 16 U.S.C. 1241 et seq. . 8. Judicial review Section 19(a) of the Natural Gas Act ( 15 U.S.C. 717r(a) (1) in the sixth sentence, by striking Until the record (5) Powers of the Commission Until the record ; (2) in the fifth sentence, by striking No proceeding (4) Application required for judicial review No proceeding ; (3) by striking the fourth sentence and inserting the following: (B) Effect of failure to timely rule on the merits (i) In general If the Commission has not ruled on the merits of an application for rehearing under this subsection by the date that is 30 days after the date on which the application for rehearing is filed with the Commission, the application for rehearing shall be deemed denied on that date. (ii) Orders granting rehearing for further consideration For purposes of clause (i), an order granting an application for rehearing solely for the purpose of further considering the issues raised in the application for rehearing shall not be considered to be a ruling on the merits of the application for rehearing. (iii) Judicial review An application for rehearing that is deemed denied under clause (i) may be reviewed by a court of appeals of the United States in accordance with subsection (b). ; (4) in the third sentence, by striking Upon such application (3) Decision on application (A) In general On an application for rehearing under this subsection, ; (5) in the second sentence, by striking The application (2) Contents An application ; and (6) by striking the subsection designation and all that follows through Any person (a) Application for rehearing (1) In general Any person .
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Pipeline Fairness, Transparency, and Responsible Development Act of 2022
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Digital Equity Foundation Act of 2022 This bill sets out a process for establishing the Foundation for Digital Equity to raise funding for, develop programs and partnerships to, and otherwise support efforts to expand access to broadband internet and promote digital literacy, inclusion, and equity. The bill authorizes the foundation to carry out a range of activities to advance its mission, such as (1) establishing for-profit subsidiaries to stimulate economic development and attract investment partners, and (2) awarding grants.
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117 S4865 IS: Digital Equity Foundation Act of 2022 U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4865 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Luján Mr. Merkley Mr. Heinrich Mr. Markey Mr. Blumenthal Ms. Klobuchar Committee on Commerce, Science, and Transportation A BILL To establish the Foundation for Digital Equity, and for other purposes. 1. Short title This Act may be cited as the Digital Equity Foundation Act of 2022 2. Foundation for digital equity (a) Definitions In this section: (1) Assistant secretary The term Assistant Secretary (2) Board The term Board (3) Business incubator The term business incubator 25 U.S.C. 5802 (4) Commission The term Commission (5) Committee The term Committee (6) Community anchor institution; covered household; covered populations The terms community anchor institution covered household covered populations 47 U.S.C. 1721 (7) Department The term Department (8) Digital equity The term digital equity (9) Digital inclusion The term digital inclusion (A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as— (i) reliable fixed and wireless broadband; (ii) internet-enabled devices that meet the needs of the user for telehealth, remote work, remote schooling, or other purposes; and (iii) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and (B) includes— (i) obtaining access to digital literacy training; (ii) the provision of quality technical support; and (iii) obtaining basic awareness of measures to ensure online privacy and cybersecurity. (10) Digital literacy The term digital literacy (11) Executive director The term Executive Director (12) Foundation The term Foundation (13) Institution of higher education The term institution of higher education (A) an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (B) a postsecondary vocational institution, as that term is defined in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) (14) Minority-serving institution The term Minority-serving institution 20 U.S.C. 1067q(a) (15) NTIA The term NTIA (16) Older individual The term older individual 42 U.S.C. 3001 (17) Secretary The term Secretary (18) Small business investment company The term small business investment company 15 U.S.C. 662 (19) Startup The term startup start-up business 42 U.S.C. 6322(f)(5)(C) (20) Tribal Broadband Connectivity Program The term Tribal Broadband Connectivity Program 47 U.S.C. 1305 (b) Committee for the Establishment of the Foundation for Digital Equity (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish the Committee for the Establishment of the Foundation for Digital Equity. (2) Members The Committee shall be composed of 5 members— (A) who shall be appointed by the officials described in subsection (d)(2)(B)(i); (B) each of whom shall be a voting member of the Committee; (C) not fewer than 3 of whom shall have broad and general experience in matters relating to digital equity, digital inclusion, or digital literacy; and (D) not less than 1 of whom shall have broad and general experience in working with private nonprofit organizations. (3) Functions The functions of the Committee are as follows: (A) To carry out such activities as may be necessary to incorporate the Foundation under the laws of a State, including by— (i) serving as the incorporators for the Foundation; and (ii) ensuring that the articles of incorporation for the Foundation require that the Foundation is operated in accordance with the requirements of this section. (B) To ensure that the Foundation qualifies for and (during the period in which the Committee is in existence) maintains the status described in subsection (c)(4). (C) To provide for the initial operation of the Foundation, including by ensuring that the Foundation has adequate facilities, equipment, and staff. (D) To appoint initial voting members of the Board who satisfy the requirements under subsection (d)(2)(C) and have such other qualifications as the Committee determines appropriate with respect to those members. (4) Chair The Committee shall, from among the members of the Committee, designate a member of the Committee to serve as Chair of the Committee. (5) Term (A) In general Each member of the Committee shall serve for the duration of the Committee. (B) Vacancies (i) No effect on authority A vacancy in the membership of the Committee shall not affect the authority of the Committee to carry out the functions of the Committee. (ii) Replacement If a member of the Committee does not serve for the duration of the Committee, the individual appointed to fill that vacancy shall be appointed by the ex officio members of the Board for the remainder of the applicable term. (6) Compensation A member of the Committee— (A) shall not receive compensation for service on the Committee; and (B) may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the functions of the Committee. (7) Termination The Committee shall— (A) complete the functions of the committee described in paragraph (3) not later than 180 days after the date on which the Secretary establishes the Committee under paragraph (1); and (B) terminate on the date that is 30 days after the date on which the Secretary determines that the Committee has completed the functions described in paragraph (3). (c) Establishment (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonprofit corporation to be known as the Foundation for Digital Equity (2) Mission The mission of the Foundation shall be— (A) to supplement, but not supplant, the work of the NTIA and the Commission in promoting the benefits of technological development in the United States, and of high-capacity, affordable broadband connectivity in particular, for all users of telecommunications and information facilities; (B) to raise, leverage, or match funding from other entities, including philanthropic organizations, the private sector, and State and local governments, to promote digital literacy, digital inclusion, and digital equity for communities with low rates of adoption of broadband; (C) to develop programs and partnerships to— (i) spur greater rates of adoption of broadband among covered populations; (ii) collaborate with State, local, and Tribal governments, Minority-serving institutions, other anchor institutions, and stakeholders in the communications, education, business, and technology fields; (iii) publicize and incentivize the adoption of evidence-based programs; (iv) convene organizations and partnerships with related goals and interests to establish problem-solving processes; (v) strengthen and share best practices relating to— (I) projects promoting digital inclusion, digital literacy, and digital equity; and (II) regional economic development; (vi) support job creation and workforce development; and (vii) support the goals of the Tribal Broadband Connectivity Program; and (D) to promote equitable access to, and the adoption of, broadband technologies and digital applications that support accessibility, telehealth, distance learning, and online access to governmental benefits and services, including by preventing, detecting, and remedying digital discrimination. (3) Limitation The Foundation shall not be an agency or instrumentality of the Federal Government or any State or local government. (4) Tax-exempt status The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization that is described in section 501(c) (d) Board of directors (1) Establishment The Foundation shall be governed by a Board of Directors. (2) Composition (A) In general The Board shall be composed of the ex officio members described in subparagraph (B) and the appointed voting members described in subparagraph (C). (B) Ex officio members (i) Members The ex officio members of the Board shall be the following individuals (or designees of those individuals): (I) The Secretary. (II) The Assistant Secretary. (III) The Chairman of the Commission. (IV) The Secretary of the Treasury. (V) The Under Secretary of Agriculture for Rural Development. (ii) Nonvoting members The ex officio members of the Board shall be nonvoting members of the Board. (C) Appointed members (i) Representation The appointed members of the Board shall reflect a broad cross-section of stakeholders from academia, industry, nonprofit and civil rights organizations, community-based practitioners of efforts to promote digital inclusion, State or local governments, local school districts and libraries, other community anchor institutions, and the philanthropic community. (ii) Experience Each appointed member of the Board shall— (I) (aa) have experience promoting digital equity, digital inclusion, and digital literacy; (bb) have experience in the technology sector; (cc) have experience in the telecommunications and broadband sector; (dd) have direct experience working with covered populations; or (ee) have research experience in foundation operations; and (II) to the extent practicable, represent diverse regions, sectors, and the communities corresponding to the covered populations that are the focus of the activities of the Foundation. (3) Chair and vice chair (A) In general The Board shall designate, from among the appointed members of the Board— (i) an individual to serve as Chair of the Board; and (ii) an individual to serve as Vice Chair of the Board. (B) Terms The term of service of the Chair and Vice Chair of the Board shall end on the earlier of— (i) the date that is 3 years after the date on which the Chair or Vice Chair of the Board, as applicable, is designated for the position; and (ii) the last day of the term of service of the member, as determined under paragraph (4)(A), who is designated to be Chair or Vice Chair of the Board, as applicable. (C) Representation The Chair and Vice Chair of the Board— (i) shall not be representatives of the same area of subject matter expertise, or entity, as applicable, under paragraph (2)(C)(ii); and (ii) shall not be representatives of any area of subject matter expertise, or entity, as applicable, represented by the immediately preceding Chair and Vice Chair of the Board. (4) Terms and vacancies (A) Terms (i) In general The term of service of each appointed member of the Board shall be not more than 5 years. (ii) Initial appointed members Of the initial members of the Board appointed under subsection (b)(3)(D), 1/2 1/2 (B) Vacancies Any vacancy in the membership of the appointed members of the Board— (i) shall be filled by a majority vote of the appointed members of the Board in accordance with the bylaws of the Foundation; (ii) shall not affect the power of the remaining appointed members to execute the duties of the Board; and (iii) shall be filled by an individual selected by the Board. (5) Meetings; quorum (A) Initial meeting Not later than 60 days after the date on which all of the members of the Board have been appointed, the Secretary shall convene a meeting of the ex officio and appointed members of the Board to establish the bylaws of the Foundation in accordance with paragraph (7). (B) Quorum A majority of the appointed members of the Board shall constitute a quorum for purposes of conducting the business of the Board. (6) Duties The Board shall— (A) provide overall direction for the activities of the Foundation and establish priority activities; (B) provide guidance to the Executive Director such that the Executive Director may carry out any other necessary activities of the Foundation; (C) evaluate the performance of the Executive Director; and (D) actively solicit and accept funds, gifts, grants, devises, or bequests of real or personal property to the Foundation, including from private entities. (7) Bylaws (A) In general The bylaws established under paragraph (5)(A) may include— (i) policies for the selection of Board members and officers, employees, agents, and contractors of the Foundation; (ii) policies, including ethical standards, for— (I) the acceptance, solicitation, and disposition of donations and grants to the Foundation, including appropriate limits on the ability of donors to designate, by stipulation or restriction, the use or recipient of donated funds; and (II) the disposition of assets of the Foundation; (iii) policies that subject all employees, fellows, trainees, contractors, consultants, and other agents of the Foundation (including ex officio and appointed members of the Board) to conflict of interest standards; and (iv) the specific duties of the Executive Director. (B) Requirements The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws shall not— (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any Federal agency or program, or any officer or employee employed by, or involved in, such an agency or program. (8) Compensation (A) In general No member of the Board shall receive compensation for serving as a member of the Board. (B) Reimbursement of certain expenses In accordance with the bylaws of the Foundation, members of the Board may be reimbursed for travel expenses, including per diem in lieu of subsistence, and other necessary expenses incurred in carrying out the duties of the Board. (e) Activities (1) Studies, competitions, and projects The Foundation may conduct and support studies, competitions, projects, and other activities that further the mission of the Foundation described in subsection (c)(2). (2) Grants (A) In general The Foundation may award grants for activities relating to digital equity, digital inclusion, or digital literacy. (B) Selection In selecting a recipient for a grant awarded under subparagraph (A), the Foundation— (i) shall make the selection based on the comparative merits of— (I) the proposed project of the potential recipient; (II) the impact of the project described in subclause (I) on promoting digital equity in local communities; and (III) the alignment of the project described in subclause (I) with— (aa) the overall goals of the Foundation relating to diversity on the basis of geography; (bb) the type of need addressed by the project; and (cc) other factors specified in the strategic plan and grant guidelines of the Foundation; and (ii) may consult with a potential recipient regarding the ability of the potential recipient to carry out various projects that would further the mission of the Foundation described in subsection (c)(2). (3) Accessing facilities and expertise The Foundation may work with the Secretary and the Commission— (A) to leverage the capabilities and facilities of the Department and the Commission; and (B) to assist with resources, including by providing information on assets of the Department and the Commission that may enable the promotion of digital equity, digital inclusion, or digital literacy. (4) Training and education The Foundation may support programs that provide training to researchers, scientists, and other relevant personnel at the Department, the Commission, and institutions of higher education to help promote digital equity, digital inclusion, and digital literacy. (5) Stakeholder engagement The Foundation shall convene, and may consult with, representatives from the Department, the Commission, institutions of higher education, the private sector, public interest stakeholders, and commercialization organizations to develop programs for the mission of the Foundation described in subsection (c)(2) and to advance the activities of the Foundation. (6) For-profit subsidiaries (A) In general The Foundation may establish 1 or more for-profit subsidiaries, including an impact investment fund— (i) to stimulate economic development activities relating to the mission of the Foundation described in subsection (c)(2); and (ii) to attract for-profit investment partners for digital equity, digital inclusion, and digital literacy activities. (B) Authorities of the for-profit subsidiary A for-profit subsidiary established under subparagraph (A) may— (i) enter into a partnership with an economic development corporation, including a business incubator or small business investment company; (ii) pay for the cost of building and administering a facility, including a business incubator, to support the activities of the Foundation described in this subsection; and (iii) provide funding to a startup. (7) Supplemental programs The Foundation may carry out supplemental programs— (A) to conduct and support forums, meetings, conferences, courses, and training workshops consistent with the mission of the Foundation described in subsection (c)(2); (B) to support and encourage the understanding and development of— (i) data collection that provides clarity with respect to inequities and community needs in order to promote digital equity, digital inclusion, and digital literacy; and (ii) policies that make regulation more effective and efficient by leveraging the data collection efforts described in clause (i) for the regulation of relevant technology sectors; (C) for writing, editing, printing, publishing, and selling books and other materials relating to efforts carried out by the Foundation, the Department, or the Commission; and (D) to conduct other activities to carry out and support the mission of the Foundation described in subsection (c)(2). (8) Evaluations The Foundation shall support the development of an evaluation methodology, to be used as part of any program supported by the Foundation, that shall— (A) consist of qualitative and quantitative metrics; (B) include periodic third-party evaluation of the programs and other activities of the Foundation; and (C) be made publicly available. (9) Communications The Foundation shall develop an expertise in communications to— (A) disseminate awareness of funding opportunities among community-based organizations that serve covered populations; and (B) promote the work of grant and fellowship recipients under paragraph (2), the successes of the Foundation, opportunities for partnership with the Foundation, and other activities. (10) Tribal Broadband Connectivity Grants The Foundation may support a grant made under the Tribal Broadband Connectivity Program if there are not adequate appropriations to support such a grant. (f) Administration (1) Executive director The Board shall appoint an Executive Director of the Foundation, who shall serve at the pleasure of the Board. (2) Administrative control No member of the Board, any officer or employee of the Foundation, any officer or employee of any program established by the Foundation, or any participant in a program established by the Foundation may exercise administrative control over any Federal employee. (3) Strategic plan Not later than 1 year after the date of enactment of this Act, the Foundation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a strategic plan that, incorporating the input of the community advisory committee convened under subsection (g)(1), contains— (A) a description of the initial focus areas of, and primary purposes for, each program, grant, or award opportunity that the Foundation plans to implement during the 2-year period beginning on the date on which the strategic plan is submitted; (B) a description of the efforts that the Foundation will take to be transparent in the processes of the Foundation, including processes relating to— (i) grant awards, including selection, review, and notification with respect to those awards; and (ii) communication of past, current, and future digital equity priorities; (C) a description of the financial goals and benchmarks of the Foundation for the 10-year period beginning on the date on which the report is submitted; and (D) a description of the efforts undertaken by the Foundation to ensure maximum complementarity and minimum redundancy with investments made by the Secretary and the Commission. (4) Recurring report Not later than 1 year after the date on which the Foundation is established, and once every 2 years thereafter, the Foundation shall make publicly available, and shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Secretary, a report that, for the period covered by the report— (A) describes the activities of the Foundation and the progress of the Foundation in furthering the mission of the Foundation described in subsection (c)(2); (B) provides a specific accounting of the source and use of all funds made available to the Foundation to carry out the activities described in subparagraph (A) to ensure transparency in the alignment of the missions of the Department and the Commission; and (C) includes a summary of each evaluation regarding the decision to award a grant that is conducted under the requirements of subsection (e)(2)(B). (5) Evaluation by comptroller general Not later than 5 years after the date on which the Foundation is established, and once every 5 years thereafter, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives— (A) an evaluation of— (i) the extent to which the Foundation is achieving the mission of the Foundation; and (ii) the operation of the Foundation; and (B) any recommendations regarding how the Foundation may be improved. (6) Audits The Foundation shall— (A) provide for annual audits of the condition of the Foundation; and (B) make the audits, and all other records, documents, and papers of the Foundation, available to the Secretary and the Comptroller General of the United States for examination or audit. (7) Integrity (A) In general To ensure integrity in the operations of the Foundation, the Board shall develop and enforce procedures relating to standards of conduct, financial disclosure statements, conflicts of interest (including recusal and waiver rules), audits, and any other matters determined appropriate by the Board. (B) Financial conflicts of interest An individual who is an officer, employee, or member of the Board may not participate in deliberations by the Foundation regarding a matter that would directly or predictably affect any financial interest of— (i) the individual; (ii) a relative (as defined in section 109 (iii) a business organization or other entity in which the individual has an interest, including an organization or other entity with which the individual is negotiating employment. (8) Intellectual property The Board shall adopt written standards to govern the ownership and licensing of any intellectual property rights— (A) developed by the Foundation through activities funded by a for-profit subsidiary established under subsection (e)(6); or (B) otherwise derived from the collaborative efforts of the Foundation. (9) Liability (A) In general The United States shall not be liable for any debt, default, act, or omission of— (i) the Foundation; or (ii) a Federal entity with respect to an agreement of that Federal entity with the Foundation. (B) Full faith and credit The full faith and credit of the United States shall not extend to any obligations of the Foundation. (10) Nonapplicability of faca The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Foundation. (g) Community advisory committee and report (1) Composition (A) In general Not later 90 days after the date on which the Foundation is established, the Board shall convene an advisory committee comprised of community members from covered populations and experts with experience providing essential products and service to covered populations. (B) Stakeholders represented To the extent practicable, the Board shall ensure that members appointed to the advisory committee under subparagraph (A) represent diverse regions, sectors, and communities, including not less than 1 member who is affiliated with, or has experience working with, all of the following: (i) Digital inclusion practitioners. (ii) Rural-focused programs. (iii) Members of Indigenous communities. (iv) Civil rights advocates. (v) Consumer advocates. (vi) Libraries. (vii) School systems or education technology specialists. (viii) Accessibility advocates or experts. (ix) Retired or older individuals. (x) Private sector internet service providers. (xi) Other relevant groups with experience addressing the access, adoption, and affordability of broadband services. (2) Annual report Not later than 2 years after the date on which the Foundation is established, and annually thereafter, the Board shall direct the community advisory committee convened under paragraph (1) to submit to the Board a written report that includes recommended changes, if any, to the Foundation and any other matter the Board considers appropriate. (3) Reimbursement for certain expenses In accordance with the bylaws of the Foundation, members of the community advisory committee convened under paragraph (1) may be reimbursed for travel expenses, including per diem in lieu of subsistence, and other necessary expenses incurred in carrying out the functions of that advisory committee. (h) Support services The Secretary shall provide facilities, utilities, and support services to the Foundation if the Secretary determines that the provision of those items is advantageous to the programs of the Department. (i) Anti-Deficiency act Section 1341(a)(1) of title 31, United States Code (commonly referred to as the Anti-Deficiency Act (j) No preemption of authority This section shall not preempt any authority or responsibility of the Secretary under any other provision of law. (k) Transfer funds The Foundation may transfer funds to the Department, which shall be subject to all applicable Federal limitations relating to federally funded research. (l) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary— (1) to the Secretary for fiscal year 2023 to establish the Committee; (2) to the Foundation for fiscal year 2024 to carry out the activities of the Foundation; and (3) to the Foundation for fiscal year 2025, and each fiscal year thereafter, for administrative and operational costs.
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Digital Equity Foundation Act of 2022
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Sickle Cell Disease Treatment Centers Act of 2022 This bill directs the Department of Health and Human Services to award grants for establishing sickle cell disease treatment centers that operate using a hub-and-spoke framework to provide integrated, longitudinal health care for patients with the disease and individuals with sickle cell trait. Grant recipients must be networks comprised of (1) a hospital, clinic, or university health center; (2) at least one federally qualified health center or other health care organization that incorporates community health workers into the care team; and (3) at least one community-based organization. Sickle cell disease is an inherited blood disorder that can lead to pain, anemia, infections, and stroke.
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117 S4866 IS: Sickle Cell Disease Treatment Centers Act of 2022 U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4866 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Van Hollen Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To establish a program to address sickle cell disease and other heritable hemoglobinopathies. 1. Short title This Act may be cited as the Sickle Cell Disease Treatment Centers Act of 2022 2. Establishment of sickle cell disease and other heritable hemoglobinopathies treatment centers Subpart I of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. 42 U.S.C. 254c–22 330Q. Sickle cell disease and other heritable hemoglobinopathies treatment centers (a) Definitions In this section: (1) Community-based organization The term community-based organization (2) Eligible entity The term eligible entity (A) a hub-and-spoke network that includes— (i) a medical hub that is a hospital, clinic, or university health center; and (ii) at least 1 spoke working in partnership with the medical hub; and (B) at least 1 community-based organization working in a partnership with the hub-and-spoke network, or the medical hub or at least one spoke of such network. (3) Hub-and-spoke network The term hub-and-spoke network (A) recommended by the National Academies of Sciences, Engineering, and Medicine in its 2020 report titled, Addressing Sickle Cell Disease: A Strategic Plan and Blueprint for Action (B) in which a medical hub identifies and manages a medical spoke or network of spokes, or other subsidiary entities, to provide comprehensive sickle cell disease care; (C) in which such subsidiary entities serving as spokes— (i) may initially provide limited sickle cell disease care services; and (ii) may evolve into hubs and connect with new spokes; and (D) in which the medical hub and spoke collaborate with a community-based organization to extend services and outreach to the sickle cell disease community. (4) Medical hub The term medical hub (A) has an outpatient treatment clinic, infusion capabilities, telehealth capability, and experience serving individuals living with sickle cell disease; and (B) follows widely acceptable clinical practice guidelines. (5) Spoke The term spoke (A) that is— (i) a Federally-qualified health center, as defined in section 1861(aa) of the Social Security Act; (ii) a Federally-qualified health center, as defined in section 1905(l)(2)(B) of the Social Security Act; or (iii) a hospital, clinic, or university health center that provides clinical care and has telehealth capability; (B) that has at least 1 collaborative agreement with a medical hub and a community-based organization; and (C) that incorporates a community health worker into the care team. (b) Program established The Secretary shall award grants to eligible entities to establish treatment centers using a hub-and-spoke framework (referred to in this section as Sickle Cell Disease Treatment Centers (1) promoting access to coordinated longitudinal health care for all patients with sickle cell disease and individuals with sickle cell trait; (2) providing support to establish integrated health care teams for patients with sickle cell disease; (3) improving the health and well-being of children, youth, and adults with sickle cell disease; (4) increasing reporting on quality and other public health measures with respect to sickle cell disease treatment; (5) accurately compiling all applicable State sickle cell newborn screening data; (6) integrating sickle cell newborn screening data with longitudinal follow-up data on sickle cell disease health outcomes and associated complications, in collaboration with the Sickle Cell Disease Data Collection Program of the Centers for Disease Control and Prevention; and (7) conducting significant public health activities with respect to sickle cell disease. (c) Use of funds by eligible entities An eligible entity shall use grant funds received under this section as follows: (1) Medical hub The medical hub of the eligible entity shall carry out the following: (A) Operating and administrating costs of operating a hub-and-spoke framework. (B) Complying with published sickle cell disease treatment guidelines, as identified by the Secretary. (C) Educating providers on sickle cell disease treatment standards and protocols. (D) Providing integrated care management, which may include— (i) primary care; (ii) care management; and (iii) mental health services. (E) Coordinating specialty care services, whether provided at the medical hub or spoke. (F) Coordinating reproductive health services for sickle cell disease patients. (G) Providing a dedicated sickle cell expert at the medical hub to assist in overseeing care of sickle cell disease patients at spokes and to advise the community-based organization. (H) Educating providers on social determinants of health and implicit bias that may affect quality of care and life for patients with sickle cell disease, trait, or other hemoglobinopathies. (I) Providing telehealth appointments to patients when appropriate and facilitating access to telehealth services for sickle cell disease patients to the extent feasible. (J) Providing medical and surgical treatment to sickle cell disease patients. (K) Implementing pediatric-to-adult health care transition programs for purposes of ensuring coordinated patient graduation from pediatric to adult providers for all patients. (L) Providing social work services in coordination with a community-based organization. (M) Collecting and distributing data as required by the National Sickle Cell Disease Coordinating Center established under this section or otherwise required by the Director of the Centers for Disease Control and Prevention. (N) Engaging in quality improvement with respect to standards of care for health and quality of life outcomes among sickle cell disease patients as identified by the Secretary. (2) Community-based organization The community-based organization of the eligible entity shall provide or coordinate each of the following: (A) Providing education and outreach to sickle cell disease patients, caregivers, and health providers. (B) Providing support in addressing social determinants of health. (C) Providing social work services in coordination with a medical hub or spoke. (D) Testing or coordinating testing for sickle cell conditions and for carrier states that put a family at risk for having a child with sickle cell disease. (E) Engaging in quality improvement with respect to standards of care or health and quality of life outcomes among sickle cell disease patients, as identified by the Secretary. (3) Spoke The spokes of the eligible entity shall provide or coordinate each of the following services: (A) Collaborating with a medical hub to coordinate and support care for sickle cell disease patients. (B) Providing the approved standards of care for such patients. (C) Providing primary care services or specialty care. (D) Providing telehealth appointments, as appropriate. (E) Providing medical or surgical treatment. (F) Implementing individual care plans. (G) Providing social work services in coordination with a community-based organization. (H) Collecting and distributing data required by the National Sickle Cell Disease Coordinating Center established under this section and the Sickle Cell Disease Data Collection Program of the Centers for Disease Control and Prevention. (4) Additional uses of funds In addition to the uses of funds described in paragraphs (1), (2), and (3), an eligible entity selected to receive a grant under this section may use funds received through the grant— (A) to identify and secure resources for ensuring reimbursement under, for the State involved, the State plan under title XIX of the Social Security Act (or a waiver of such plan), State child health plan under title XXI of such Act (or a waiver of such plan), and other health programs for the prevention and treatment of sickle cell disease, including by working with community-based sickle cell disease organizations and other nonprofit entities; (B) to assist sickle cell disease patients with accessing appropriate health care insurance, including— (i) through the payment of insurance premiums and cost-sharing amounts, to the extent otherwise permitted under State and Federal law; (ii) by working with community-based sickle cell disease organizations and other nonprofit entities; and (iii) by helping sickle cell disease patients know their rights with insurance programs; (C) to facilitate access to telehealth services for sickle cell disease patients to the extent feasible; (D) to fund evidence-based programs that provide education to teachers and school personnel, correctional institution personnel, and health care professionals on the care of individuals with sickle cell disease in health care settings and other appropriate settings, including schools and prisons; (E) to offer transportation services for sickle cell disease patients who do not have, but who need access to in-person care with the Sickle Cell Disease Treatment Centers; and (F) to facilitate access to sickle cell trait testing and genetic counseling. (d) Application; Selection (1) Application An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of how the hub-and-spoke entity and community-based organization will collaborate in carrying out the activities described in subsection (c). Such an application may be submitted on behalf of the eligible entity by a hub-and-spoke network or by the community-based organization. (2) Geographic distribution The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants under this section, to the extent practicable, to eligible entities located across the United States, with a focus on regions where a disproportionate number of patients with sickle cell disease or other heritable hemoglobinopathy patients per capita reside, and with the intention of awarding grants nationwide so that patients can access more comprehensive sickle cell disease treatment services no matter where they reside. (3) Priorities in making awards In awarding grants under this section, the Secretary may give priority to eligible entities that— (A) include at least one historically black college or university (defined as a part B institution under section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 20 U.S.C. 1067q (B) serve an area with a prevalence of sickle cell disease; or (C) serve a rural area. (4) Eligible patients For purposes of this section, patients who may be treated by Sickle Cell Disease Treatment Centers, or who may be supported by public health activities and other programming, shall include patients with sickle cell disease, and may include patients with other heritable hemoglobinopathies. (e) National Sickle Cell Disease Coordinating Center (1) In General The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall enter into a contract with an entity to serve as the National Sickle Cell Disease Coordinating Center, which shall coordinate the activities conducted by grantees under this section and carry out the activities described in paragraph (2). (2) Duties The National Sickle Cell Disease Coordinating Center shall carry out each of the following activities: (A) (B) Coordinate and support hub-and-spoke frameworks. (f) CDC Sickle Cell Disease Data Collection program for SCD Treatment centers The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall coordinate the following with respect to eligible entities under this section: (1) Collecting, coordinating, monitoring, and distributing data, best practices, and findings regarding the activities funded under grants made to eligible entities under this section. (2) Collecting and maintaining up-to-date data on sickle cell disease and sickle cell trait, including subtypes as applicable, and their associated health outcomes and complications, including for the purpose of— (A) improving national incidence and prevalence data, including the geographic distribution of affected individuals; (B) working with the State newborn screening programs to establish a national registry of sickle cell newborn screening data to serve as a foundation for assessing longevity and the prevalence of complications resulting from sickle cell disease; (C) identifying health disparities impacting individuals born with sickle cell disease and sickle cell trait, including subtypes as applicable, and other hemoglobinopathies; (D) assessing the utilization of therapies, comprehensive complication risk screening, and strategies to prevent complications resulting from sickle cell disease and to increase quality of life; and (E) evaluating the effects of genetic, environmental, behavioral, and other risk factors that may affect individuals with sickle cell disease. (3) Developing educational materials, public awareness campaigns, or other outreach programs regarding the prevention and treatment of sickle cell disease and the prevalence of sickle cell trait. (4) Preparing and submitting to Congress a final report that includes recommendations regarding the effectiveness of the Sickle Cell Disease Treatment Centers established under subsection (b) and direct outcome measures, including— (A) the number and type of health care resources utilized (such as emergency room visits, hospital visits, length of stay, and physician visits for individuals with sickle cell disease); and (B) the number of individuals that were tested and subsequently received genetic counseling for the sickle cell trait. (g) Request for information Not later than 180 days after the date of enactment of the Sickle Cell Disease Treatment Centers Act of 2022 (1) best practices with respect to the establishment and implementation of Sickle Cell Disease Treatment Centers; and (2) any other information that the Secretary may require. (h) Report to Congress (1) In General Not later than 3 years after the date of the enactment of the Sickle Cell Disease Treatment Centers Act of 2022 (2) Report elements The report described in this section shall include— (A) a summary and description of eligible entities operating a hub-and-spoke framework that are receiving grant funds under this section; (B) information about the specific activities supported by grant funds awarded under this section with respect to each eligible entity; and (C) the number of sickle cell disease patients served by grant programs funded under this section and demographic information about those patients, including race, sex, gender, geographic location, and age. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section, $535,000,000 for fiscal year 2023 and each fiscal year thereafter. Of the amount made available for a fiscal year under the preceding sentence, not less than— (1) 70 percent shall be used to award grants to at least 128 eligible entities where the application is submitted by medical hubs or spokes; (2) 20 percent shall be used to award grants to at least 100 eligible entities where the application is submitted by community-based sickle cell disease organizations or nonprofit entities that are part of an eligible entity; (3) 5 percent shall be used for the establishment and maintenance of the National Sickle Cell Disease Coordinating Center described in subsection (e); and (4) 5 percent shall be used for the activities of the Sickle Cell Data Collection program of the Centers for Disease Control and Prevention described in this section. .
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Sickle Cell Disease Treatment Centers Act of 2022
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Loan Forgiveness for Educators Act of 2022 This bill expands the Teacher Loan Forgiveness program. Among other provisions, the bill (1) renames the program the Educator Loan Forgiveness program, (2) expands program eligibility to early childhood educators and program directors serving in early childhood education programs and school leaders serving in public high-need schools, and (3) establishes a program in which the Department of Education cancels monthly student loan payments during qualifying service and provides complete loan forgiveness after five years of service.
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117 S4867 IS: Loan Forgiveness for Educators Act of 2022 U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4867 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Luján Mr. Menendez Mrs. Feinstein Mr. Merkley Mr. Wyden Mr. Casey Mr. Padilla Mr. Van Hollen Mr. Booker Ms. Baldwin Mr. Reed Mr. Heinrich Mr. Blumenthal Mr. Markey Mr. Kelly Ms. Duckworth Committee on Health, Education, Labor, and Pensions A BILL To provide enhanced student loan relief to educators. 1. Short title This Act may be cited as the Loan Forgiveness for Educators Act of 2022 2. Loan forgiveness and cancellation for educators (a) Enhanced teacher loan forgiveness under the FFEL program Section 428J of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10 428J. Loan forgiveness for educators (a) Purpose It is the purpose of this section to enhance student access to a well-prepared, diverse, and stable educator workforce by eliminating debt burdens for educators in return for service teaching and leading in high need schools or early childhood education programs. (b) Program authorized Not later than 270 days after the date of enactment of the Loan Forgiveness for Educators Act of 2022 (c) Forgiveness of covered loans (1) Forgiveness of loans upon completion of qualifying service (A) In General For each qualifying educator who has completed 5 years of qualifying service (including any qualifying service, as defined under this section as in effect after the date of implementation of the Loan Forgiveness for Educators Act of 2022 (B) Timing The years of qualifying service required under subparagraph (A) may be consecutive or nonconsecutive, and the qualifying educator may elect which years of qualifying service to use for purposes of subparagraph (A). (2) Monthly loan forgiveness Upon application by any qualifying educator who has a covered loan and who is engaged in qualifying service, and in addition to any loan forgiveness under paragraph (1), the Secretary shall enter into an agreement with such qualifying educator, under which— (A) during the period of qualifying service (for qualifying service that occurs after the date of implementation of this Act), the Secretary agrees to assume the obligation to repay the minimum monthly obligation on all covered loans of the qualifying educator, based on the repayment plan selected by the qualifying educator, for— (i) each month of qualifying service; and (ii) any summer or other school or program year calendar breaks scheduled by a high need school or early childhood education program during a school or program year in which the qualifying educator is engaged in qualifying service; (B) during the period of qualifying service, the assumption of the monthly loan obligation provided will serve as a monthly payment, considered paid in full by the qualifying educator, based on the repayment plan selected by the qualifying educator (which, if the qualifying educator chooses, shall include any income driven repayment plan); and (C) during the period of qualifying service, each monthly obligation that is repaid by the Secretary under this paragraph on a covered loan shall be deemed to be a qualifying monthly payment made by the qualifying educator for purposes of the loan forgiveness program under section 455(m), if applicable. (3) Application The Secretary shall develop and make publicly available an application for qualifying educators who wish to receive loan forgiveness under this subsection. The application shall— (A) be available for qualifying educators to file for loan forgiveness under paragraph (1) and for monthly loan forgiveness under paragraph (2); (B) include any certification requirements that the Secretary determines are necessary to verify qualifying service; and (C) allow for the verification of the qualifying service— (i) in the case of an early childhood educator or an elementary or secondary school teacher serving in a high need school, by a school leader or the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator’s designee); (ii) in the case of an early childhood educator serving in an early childhood education program, by the director of that program (or the director’s designee); (iii) in the case of a school leader serving in a high need school, by the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator’s designee); (iv) in the case of a director of an early childhood education program, a leader of the entity overseeing the early childhood education program; and (v) in the case of a family child care provider or the director of an early childhood education program that operates as a standalone center-based program (for example, a case in which the center is not part of a larger company) that is an early childhood education program, by self-certification with supporting documents, such as a business license, a listing with a public Child Care Resources and Referral website, or proof of participation in a Federal child care or preschool subsidy program. (4) Parent plus loans (A) Parent PLUS Loan on behalf of a student who is a qualifying educator A borrower of a parent loan under section 428B issued on behalf of a student who is a qualifying educator shall qualify for loan forgiveness and any other benefits under this section for the qualifying service of the student in the same manner and to the same extent as the student borrower qualifies for such loan forgiveness and other benefits. (B) Parent PLUS Loan borrowed by a parent who is a qualifying educator The borrower of a parent loan under section 428B issued on behalf of a student who is not a qualifying educator shall also qualify for loan forgiveness and any other benefits under this section for qualifying service if that parent borrower is engaged in qualifying service and meets the requirements of this section. (5) Recipients of Prior Forgiveness A qualifying educator who received loan forgiveness under this section as in effect before the date of enactment of the Loan Forgiveness for Educators Act of 2022— (A) shall be eligible for loan forgiveness of covered loans in accordance with paragraph (1), including any remaining covered loans; and (B) may count the service completed that qualified the qualifying educator for previous loan forgiveness as qualifying service for purposes of paragraph (1). (6) Prohibition on requiring repayment A qualifying educator shall not be required to repay any amounts paid under this subsection if that qualifying educator who engages in qualifying service ends the qualifying service before the end of a school or program year, or before the end of the 5-year period described in paragraph (1). (d) Regulations The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (e) Construction Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. (f) List (1) In general The Secretary, shall— (A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and (B) annually update such list. (2) List from previous year If the list of high need schools in which a qualifying educator may perform qualifying service is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make a determination about whether an individual meets the requirements for qualifying service. (g) Additional eligibility provisions (1) Continued eligibility Any qualifying educator who performs qualifying service in a school that— (A) is a high need school in any school year during such service; and (B) in a subsequent school year fails to meet the definition of a high need school, may continue to serve in such school and shall be eligible for loan forgiveness pursuant to subsection (b). (2) Prevention of double benefits No qualifying educator may, for the same service, receive a benefit under both this section and— (A) section 428K; or (B) subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. (3) No penalty for promotions Any qualifying educator who performs qualifying service in an early childhood education program or high need school and who is promoted to another position within that early childhood program or high need school after 1 or more years of qualifying service may continue to be employed in such position in such program or school and shall be eligible to count the period of employment in such position as qualifying service for loan forgiveness pursuant to subsection (b). (h) Definitions In this section: (1) Bureau of Indian Education funded elementary or secondary school The term Bureau of Indian Education funded elementary or secondary school (A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; (B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. (C) an elementary or secondary school or dormitory operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. (2) Bureau of Indian Education early childhood development program The term Bureau of Indian Education early childhood development program (A) a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 (B) an early childhood education program operated or funded by the Bureau of Indian Education (including Family and Child Education programs at schools funded by the Bureau of Indian Education authorized under section 1121 of the Education Amendments of 1978 ( 25 U.S.C. 2001 (3) Covered loan The term covered loan (4) Early childhood education program The term early childhood education program (A) a high-need early childhood education program as defined in section 200; (B) a Head Start program (including an Early Head Start program) carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. (C) an early childhood education program, as defined in section 103; (D) a Bureau of Indian Education early childhood development program; (E) a Native Hawaiian education system early childhood education program; (F) a Tribal early childhood education program; or (G) a consortium of entities described in any of subparagraphs (A) through (F). (5) High need school The term high need school (A) a public elementary or secondary school— (i) with respect to which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number of children enrolled in such school; and (ii) that is served by a local educational agency that is eligible for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; (B) a public elementary or secondary school or location operated by an educational service agency in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total number of children enrolled in such school or location; (C) a public elementary or secondary school identified by the State for comprehensive support and improvement, targeted support and improvement, or additional targeted support and improvement, under section 1111 of the Elementary and Secondary Education Act of 1965; (D) a Bureau of Indian Education funded elementary or secondary school; (E) an elementary or secondary school operated by a Tribal educational agency; or (F) a Native Hawaiian education system. (6) Indian tribe The term Indian Tribe 25 U.S.C. 5131 (7) Native hawaiian education system The term Native Hawaiian education system 20 U.S.C. 7515 (8) Qualifying educator Subject to subsection (i), the term qualifying educator (A) an elementary or secondary school teacher who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; (B) an early childhood educator who provides care or instruction to children; (C) a school leader of an elementary or secondary school who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; or (D) an early childhood education program director (including a family child care provider). (9) Qualifying service (A) In General Subject to subparagraph (B), the term qualifying service (i) in the case of a qualifying educator described in subparagraph (A) or (C) of paragraph (8), employment as a full-time qualifying educator in a high need school; and (ii) in the case of a qualifying educator described in subparagraph (B) or (D) of paragraph (8), employment as a full-time qualifying educator in an early childhood education program (including school-based programs). (B) Exception In the case of a qualifying educator who is unable to complete a full school or program year of service, that year may still be counted toward the required qualifying service period under paragraphs (1) and (2) of subsection (c) if— (i) the qualifying educator completed at least one-half of the school or program year; (ii) the employer considers the qualifying educator to have fulfilled the contract requirements for the school or program year for the purposes of salary increases, tenure, and retirement; and (iii) the qualifying educator was unable to complete the school or program year because— (I) the qualifying educator returned to postsecondary education, on at least a half-time basis, in an area of study directly related to the performance of the qualifying service; (II) the qualifying educator experienced a condition described in section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 (III) the qualifying educator was called or ordered to Federal or State active duty status, or Active Service as a member of a Reserve Component of the Armed Forces named in section 10101 of title 10, United States Code, or service as a member of the National Guard on full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code; or (IV) the qualifying educator resides in or is employed in a disaster area, as declared by any Federal, State, or local official in connection with a national emergency. (10) School Leader The term school leader (11) Tribal early childhood education program The term Tribal early childhood education program (A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. (B) A Tribal child care and development program carried out under the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 (ii) is a Tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian Tribe. (12) Tribal educational agency The term Tribal educational agency (13) Year The term year (i) Special rule An educator that provides instruction or curricular development in an Alaska Native, American Indian, or Native Hawaiian language or a Native American language as defined in the Native American Languages Act ( 25 U.S.C. 2902 . (b) Enhanced teacher loan cancellation under the Direct Loan program Section 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1087j 460. Loan cancellation for educators (a) Purpose It is the purpose of this section to enhance student access to a well-prepared, diverse, and stable educator workforce by eliminating debt burdens for educators in return for service teaching and leading in high need schools or early childhood education programs. (b) Program authorized Not later than 270 days after the date of enactment of the Loan Forgiveness for Educators Act of 2022 (c) Cancellation of covered loans (1) Cancellation of loans upon completion of qualifying service (A) In General For each qualifying educator who has completed 5 years of qualifying service (including any qualifying service, as defined under this section as in effect after the date of implementation of the Loan Forgiveness for Educators Act of 2022 (B) Timing The years of qualifying service required under subparagraph (A) may be consecutive or nonconsecutive, and the qualifying educator may elect which years of qualifying service to use for purposes of this section. (2) Monthly loan cancellation Upon application by any qualifying educator of a covered loan who is engaged in qualifying service, and in addition to any loan cancellation under paragraph (1), the Secretary shall enter into an agreement with such qualifying educator, under which— (A) during the period of qualifying service (for qualifying service that occurs after the date of implementation of this Act), the Secretary agrees to cancel the minimum monthly obligation on all covered loans of the qualifying educator based on the repayment plan selected by the qualifying educator (which, if the educator chooses, shall include any income driven repayment plan), for— (i) each month of qualifying service; and (ii) any summer or other school or program year calendar breaks scheduled by a qualifying school or early childhood education program during a school or program year in which the qualifying educator is engaged in qualifying service; (B) during the period of qualifying service, interest shall not accrue on the qualifying educator’s covered loans; and (C) during the period of qualifying service, each monthly obligation that is cancelled by the Secretary under this paragraph on a covered loan shall be deemed to be a qualifying monthly payment made by the qualifying educator for purposes of the loan forgiveness program under section 455(m), if applicable. (3) Application The Secretary shall develop and make publicly available an application for qualifying educators who wish to receive loan cancellation under this subsection. The application shall— (A) be available for qualifying educators to file for loan cancellation under paragraph (1) and for monthly loan cancellation under paragraph (2); (B) include any certification requirements that the Secretary determines are necessary to verify qualifying service; and (C) allow for the verification of the qualifying service— (i) in the case of an early childhood educator or an elementary or secondary school teacher serving in a high need school, by a school leader or the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator's designee); (ii) in the case of an early childhood educator serving in a early childhood education program, by the director of that program (or the director’s designee); (iii) in the case of a school leader serving in a high need school, by the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator's designee); (iv) in the case of a director of an early childhood education program, a leader of the entity overseeing the early childhood education program; and (v) in the case of a family child care provider or the director of an early childhood education program that operates as a standalone center-based program (for example, a case in which the center is not part of a larger company) that is an early childhood education program, by self-certification with supporting documents, such as a business license, a listing with a public Child Care Resources and Referral website, or proof of participation in a Federal child care or preschool subsidy program. (4) Parent plus loans (A) Parent PLUS Loan on behalf of a student who is a qualifying educator A borrower of a parent Federal Direct PLUS Loan issued on behalf of a student who is a qualifying educator shall qualify for loan forgiveness and any other benefits under this section for the qualifying service of the student in the same manner and to the same extent as the student borrower qualifies for such loan forgiveness and other benefits. (B) Parent PLUS Loan borrowed by a parent who is a qualifying educator The borrower of a parent Federal Direct PLUS Loan issued on behalf of a student who is not a qualifying educator shall also qualify for loan forgiveness and any other benefits under this section for qualifying service if that parent borrower is engaged in qualifying service and meets the requirements of this section. (5) Recipients of prior loan cancellation A qualifying educator who received loan cancellation under this section as in effect before the date of enactment of the Loan Forgiveness for Educators Act of 2022 (A) shall be eligible for loan cancellation of covered loans in accordance with subsection (c)(1), including any remaining covered loans; and (B) may count the service completed that qualified the qualifying educator for previous loan cancellation as qualifying service for purposes of subsection (c)(1). (6) Prohibition on requiring repayment A qualifying educator shall not be required to repay any amounts paid under this subsection if that qualifying educator who engages in qualifying service ends the qualifying service before the end of a school or program year, or before the end of the 5-year period described in paragraph (1). (d) Regulations The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (e) Construction Nothing in this section shall be construed to authorize any refunding of any canceled loan. (f) List (1) In General The Secretary shall— (A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and (B) annually update such list. (2) List from previous year If the list of high need schools in which a qualifying educator may perform qualifying service is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make a determination about whether an individual meets the requirements for qualifying service. (g) Additional eligibility provisions (1) Continued eligibility Any qualifying educator who performs qualifying service in a school that— (A) is a high need school in any school year during such service; and (B) in a subsequent school year fails to meet the definition of a high need school, may continue to serve in such school and shall be eligible for loan cancellation pursuant to subsection (b). (2) Prevention of double benefits No qualifying educator may, for the same service, receive a benefit under both this section and— (A) section 428K; or (B) subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. (3) No penalty for promotions Any qualifying educator who performs qualifying service in an early childhood education program or high need school and who is promoted to another position within that early childhood program or high need school after 1 or more years of qualifying service may continue to be employed in such position in such program or school and shall be eligible to count the period of employment in such position as qualifying service for loan cancellation pursuant to subsection (b). (h) Definitions In this section: (1) Bureau of Indian Education funded elementary or secondary school The term Bureau of Indian Education funded elementary or secondary school (A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; (B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. (C) an elementary or secondary school or dormitory operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. (2) Bureau of Indian Education early childhood development program The term Bureau of Indian Education early childhood development program (A) a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 (B) an early childhood education program operated or funded by the Bureau of Indian Education (including Family and Child Education programs at schools funded by the Bureau of Indian Education authorized under section 1121 of the Education Amendments of 1978 ( 25 U.S.C. 2001 (3) Covered loan The term covered loan (4) Early childhood education program The term early childhood education program (A) a high-need early childhood education program as defined in section 200; (B) a Head Start program (including an Early Head Start program) carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. (C) an early childhood education program, as defined in section 103; (D) a Bureau of Indian Education early childhood development program; (E) a Native Hawaiian education system early childhood education program; (F) a Tribal early childhood education program; or (G) a consortium of entities described in any of subparagraphs (A) through (F). (5) High need school The term high need school (A) a public elementary or secondary school— (i) with respect to which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number of children enrolled in such school; and (ii) that is served by a local educational agency that is eligible for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; (B) a public elementary or secondary school or location operated by an educational service agency in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total number of children enrolled in such school or location; (C) a public elementary or secondary school identified by the State for comprehensive support and improvement, targeted support and improvement, or additional targeted support and improvement, under section 1111 of the Elementary and Secondary Education Act of 1965; (D) a Bureau of Indian Education funded elementary or secondary school; (E) an elementary or secondary school operated by a Tribal educational agency; or (F) a Native Hawaiian education system. (6) Indian tribe The term Indian Tribe 25 U.S.C. 5131 (7) Native hawaiian education system The term Native Hawaiian education system 20 U.S.C. 7515 (8) Qualifying educator Subject to subsection (i), the term qualifying educator (A) an elementary or secondary school teacher who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; (B) an early childhood educator who provides care or instruction to children; (C) a school leader of an elementary or secondary school who— (i) has obtained full State or Tribal certification and licensure requirements for such employment; and (ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; or (D) an early childhood education program director (including a family child care provider). (9) Qualifying service (A) In General Subject to subparagraph (B), the term qualifying service (i) in the case of a qualifying educator described in subparagraph (A) or (C) of paragraph (8), employment as a full-time qualifying educator in a high need school; and (ii) in the case of a qualifying educator described in subparagraph (B) or (D) of paragraph (8), employment as a full-time qualifying educator in an early childhood education program (including school-based programs). (B) Exception In the case of a qualifying educator who is unable to complete a full school or program year of service, that year may still be counted toward the required qualifying service period under paragraphs (1) and (2) of subsection (c) if— (i) the qualifying educator completed at least one-half of the school or program year; (ii) the employer considers the qualifying educator to have fulfilled the contract requirements for the school or program year for the purposes of salary increases, tenure, and retirement; and (iii) the qualifying educator was unable to complete the school or program year because— (I) the qualifying educator returned to postsecondary education, on at least a half-time basis, in an area of study directly related to the performance of the qualifying service; (II) the qualifying educator experienced a condition described in section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 (III) the qualifying educator was called or ordered to Federal or State active duty status, or Active Service as a member of a Reserve Component of the Armed Forces named in section 10101 of title 10, United States Code, or service as a member of the National Guard on full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code; or (IV) the qualifying educator resides in or is employed in a disaster area, as declared by any Federal, State, or local official in connection with a national emergency. (10) School Leader The term school leader (11) Tribal early childhood education program The term Tribal early childhood education program (A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. (B) A Tribal child care and development program carried out under the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq. (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 (ii) is a Tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian Tribe. (12) Tribal educational agency The term Tribal educational agency (13) Year The term year (i) Special rule An educator that provides instruction or curricular development in an Alaska Native, American Indian, or Native Hawaiian language or a Native American language as defined in the Native American Languages Act ( 25 U.S.C. 2902 . (c) Effective date; Program name (1) Effective date The amendments made by subsections (a) and (b) shall take effect on the day that is 180 days after the date of enactment of this Act. (2) Program name The programs under section 428J and 460 of the Higher Education Act of 1965, as amended by subsections (a) and (b), shall be known as Educator Loan Forgiveness Programs. (d) Technical amendment Section 455(m)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m)(4) section 428J, 428K, 428L, or 460 section 428K or 428L 3. Notice to borrowers Not later than 180 days after the Secretary of Education implements the programs under this Act, the Secretary, in coordination with the Secretary of Health and Human Services, shall take such steps as may be necessary to inform high need schools and early childhood education programs (as defined in section 460 of the Higher Education Act of 1965, as amended by this Act), Head Start programs (including Early Head Start programs) carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. 20 U.S.C. 1078–10 4. Waiver of negotiated rulemaking In carrying out this Act and any amendments made by this Act, or any regulations promulgated under this Act or under such amendments, the Secretary of Education may waive the application of negotiated rulemaking under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a
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Loan Forgiveness for Educators Act of 2022
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Providing for Life Act This bill revises various programs and supports for families and children related to taxes, health, and other benefits. First, the bill increases the child tax credit to a maximum of $3,500 per child ($4,500 per child under the age of six) and makes permanent the increased income threshold over which the credit phases out. The bill further eliminates the federal deduction for certain state and local taxes (SALT deduction) and makes the adoption tax credit refundable. The bill allows parents to use a portion of their Social Security benefits for up to three months of paid parental leave after the birth or adoption of a child. Additionally, the bill requires Supplemental Nutrition Assistance Program (SNAP) recipients to cooperate with states in establishing child support orders. It also provides additional workforce training for noncustodial parents with child support obligations. States must establish requirements for the biological father of a child to pay, at the mother's request, at least 50% of reasonable out-of-pocket medical expenses associated with the mother's pregnancy and delivery. The bill requires institutions of higher education to provide students with certain information about the resources and services (excluding abortion services) available to pregnant students. Additionally, the bill provides grants for community-based maternal mentoring programs and for pregnancy resource centers that do not provide abortions; requires the Department of Health and Human Services to publish a website with specified pregnancy-related information; and extends from one to two years the postpartum benefit eligibility period under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
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117 S4868 IS: Providing for Life Act U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4868 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Rubio Committee on Finance A BILL To provide support and assistance to unborn children, pregnant women, parents, and families. 1. Short title; table of contents (a) Short title This Act may be cited as the Providing for Life Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Permanent extension and modification of special rules for child tax credit. Sec. 3. Treatment of unborn children. Sec. 4. Denial of deduction for State and local taxes of individuals. Sec. 5. Refundable adoption tax credit. Sec. 6. Parental leave benefits. Sec. 7. Cooperation with child support agencies as eligibility factor under supplemental nutrition assistance program. Sec. 8. Workforce development programs for non-custodial parents. Sec. 9. Requiring biological fathers to pay child support for medical expenses incurred during pregnancy and delivery. Sec. 10. Pregnant students' rights, accommodations, and resources. Sec. 11. Grants for community-based maternal mentoring programs. Sec. 12. Equal treatment for religious organizations in social services. Sec. 13. Awareness for expecting mothers. Sec. 14. WIC reform. Sec. 15. Pregnancy resource centers. 2. Permanent extension and modification of special rules for child tax credit (a) In general Section 24 (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) $3,500 for each qualifying child of the taxpayer ($4,500 in the case of a qualifying child who has not attained age 6 as of the close of the calendar year in which the taxable year of the taxpayer begins), and (2) in the case of any taxable year beginning before January 1, 2026, $500 for each qualifying dependent (other than a qualifying child) of the taxpayer. (b) Limitation based on adjusted gross income The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $400,000 in the case of a joint return ($200,000 in any other case). For purposes of the preceding sentence, the term “modified adjusted gross income” means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (c) Qualifying child; qualifying dependent For purposes of this section— (1) Qualifying child The term qualifying child (A) who is a qualifying child (as defined in section 152(c)) of the taxpayer, (B) who has not attained age 18 at the close of the calendar year in which the taxable year of the taxpayer begins, and (C) whose name and social security number are included on the taxpayer’s return of tax for the taxable year. (2) Qualifying dependent The term qualifying dependent resident of the United States (3) Social security number defined For purposes of this subsection, the term social security number (A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (B) on or before the due date of filing such return. . (b) Portion of credit refundable Section 24(d)(1) (1) by striking subparagraph (A) and inserting the following: (A) the credit which would be allowed under this section determined— (i) without regard to subsection (a)(2), and (ii) without regard to this subsection (other than this subparagraph) and the limitation under section 26(a), or , and (2) in subparagraph (B), by striking 15 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $3,000 15.3 percent of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income (c) Conforming amendments (1) Section 24(e) (e) Taxpayer identification requirement No credit shall be allowed under this section if the identifying number of the taxpayer was issued after the due date for filing the return of tax for the taxable year. . (2) Section 24 of such Code is amended by striking subsection (h). (d) Repeal of certain later enacted provisions (1) Section 24 (2) Chapter 77 of such Code is amended by striking section 7527A (and by striking the item relating to section 7527A in the table of sections for such chapter). (3) Section 26(b)(2) of such Code is amended by inserting and , and (4) Section 3402(f)(1)(C) of such Code is amended by striking section 24 (determined after application of subsection (j) thereof) section 24(a) (5) Section 6211(b)(4)(A) of such Code is amended— (A) by striking 24 by reason of subsections (d) and (i)(1) thereof 24(d) (B) by striking 6428B, and 7527A and 6428B (6) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking 6431, or 7527A or 6431 (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 3. Treatment of unborn children (a) In general Section 24 (i) Credit allowed with respect to unborn children For purposes of this section— (1) In general The term qualifying child (2) Retroactive or double credit allowed in certain cases to ensure equal access to the credit for unborn children (A) In general In the case of a qualifying child of an eligible taxpayer who is born alive and with respect to whom the credit under this section is not claimed under paragraph (1) for the taxable year described in such paragraph, for the taxable year in which the child is born alive, with respect to such child— (i) the amount of the credit allowed (before the application of this subsection) under subsection (a), and (ii) the amount of the credit allowed (before the application of this subsection) under subsection (d)(1), shall each be increased by the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the taxpayer for such preceding year. (B) Special rule for splitting of credit In the case of a child otherwise described in subparagraph (A) who, but for this subparagraph, would not be treated as a qualifying child of the eligible taxpayer for the taxable year in which such child is born alive— (i) subparagraph (A) shall not apply with respect to such child, (ii) such child shall be treated as a qualifying child for purposes of this section for such taxable year of— (I) the eligible taxpayer, and (II) any other taxpayer with respect to whom such child would, without regard to this subparagraph, be treated as a qualifying child, and (iii) in the case of the eligible taxpayer, the amount of the credit allowed under subsection (a) and the amount of the credit allowed under subsection (d)(1) for such taxable year shall each be equal to the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the eligible taxpayer for such preceding year. (3) Definitions For purposes of this subsection— (A) Born alive The term born alive (B) Eligible taxpayer The term eligible taxpayer (i) with respect to a child, is the mother who— (I) carries or carried such child in the womb, and (II) is the biological mother of such child or initiated the pregnancy with the intention of bearing and retaining custody of and parental rights to such child (or acted to such effect), or (ii) in the case of a joint return, is the husband of such mother, but only if such taxpayer includes on the return of tax for the taxable year the social security number of such taxpayer (of at least 1 of such mother or husband, in the case of a joint return). (C) Social security number The term social security number (D) Unborn child The term unborn child . (b) Effective date The amendment made by this section shall apply to children born alive in taxable years beginning after December 31, 2021. 4. Denial of deduction for State and local taxes of individuals (a) In general Section 164(b)(6) (6) Limitation on deduction of certain taxes for individuals (A) In general In the case of an individual, no deduction shall be allowed for taxes— (i) described in paragraphs (1), (2), or (3) of subsection (a), or (ii) described in paragraph (5) of this subsection. (B) Exceptions Subparagraph (A) shall not apply to— (i) any foreign taxes described in subsection (a)(3), or (ii) any taxes described in paragraph (1) and (2) of subsection (a) which are paid or accrued in carrying on a trade or business or an activity described in section 212. (C) Special rule For purposes of subparagraph (A), an amount paid in a taxable year beginning before January 1, 2022, with respect to a State or local income tax imposed for a taxable year beginning after December 31, 2021, shall be treated as paid on the last day of the taxable year for which such tax is so imposed. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 5. Refundable adoption tax credit (a) Credit made refundable (1) Credit moved to subpart relating to refundable credits The Internal Revenue Code of 1986 is amended— (A) by redesignating section 23 as section 36C, and (B) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Conforming Amendments (A) Section 25(e)(1)(C) of such Code is amended by striking sections 23 and 25D section 25D (B) Section 36C of such Code, as so redesignated, is amended— (i) in subsection (b)(2)(A), by striking (determined without regard to subsection (c)) (ii) by striking subsection (c), and (iii) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively. (C) Section 137 of such Code is amended— (i) in subsection (d), by striking section 23(d) section 36C(c) (ii) in subsection (e), by striking subsections (e), (f), and (g) of section 23 subsections (d), (e), and (f) of section 36C (D) Section 1016(a)(26) of such Code is amended by striking 23(g) 36C(f) (E) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, 36B, (F) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 23. (G) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, 36B, (H) Paragraph (33) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) section 23 section 36C (I) The table of sections for subpart C of part IV of subchapter A of chapter 1 Sec. 36C. Adoption expenses. (b) Third-Party affidavits Section 36C(h) (1) by striking such regulations such regulations and guidance (2) by striking including regulations which treat including regulations and guidance which— (1) treat , (3) by striking the period at the end and inserting , and (4) by adding at the end the following: (2) provide for a standardized third-party affidavit for purposes of verifying a legal adoption— (A) of a type with respect to which qualified adoption expenses may be paid or incurred, or (B) involving a child with special needs for purposes of subsection (a)(3). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. (d) Transitional rule To treat carryforward as refundable credit In the case of any excess described in section 23(c) 6. Parental leave benefits (a) In general Title II of the Social Security Act is amended by inserting after section 218 the following: 219. Parental leave benefits (a) In general Every individual— (1) who has— (A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or (B) not less than 12 quarters of coverage; and (2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child. (b) Benefit amount Such individual’s parental leave benefit shall be an amount equal to the product of— (1) the number of benefit months (not to exceed 3) selected by the individual in the individual’s application for a parental leave benefit, multiplied by (2) an amount equal to the primary insurance amount for the individual that would be determined under section 215 if— (A) the individual had attained age 62 in the first month of the individual’s benefit period; and (B) the individual had become entitled to an old-age insurance benefit under section 202 beginning with such month. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter. (c) Payment of benefit (1) Selection of number of benefit months In filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as benefit months (2) Election of benefit months Not later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual’s benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. (3) Amount of monthly payment The amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to— (A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by (B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. (4) Definition of benefit period For purposes of this section, the term benefit period (d) Benefit application (1) In general The Commissioner shall ensure that the application for a parental leave benefit— (A) includes a notice, clearly written in language that is easily understandable to the reader, explaining that— (i) failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties; (ii) the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; (iii) entitlement to a parental leave benefit has no effect on the determination of an individual’s entitlement to leave under the Family and Medical Leave Act of 1993; and (B) requires an attestation by the individual submitting the application that— (i) the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application; (ii) the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and (iii) the individual consents to the terms and conditions specified in the notice described in subparagraph (A). (2) Option to file simultaneous applications The Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. (3) Online availability The Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. (e) Fraud prevention (1) In general The Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application. (2) Enforcement In any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law— (A) a civil monetary penalty of not more than $7,500 for each such failure; and (B) an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual. (f) Benefit repayment (1) In general An individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. (2) Old-age insurance benefit offset (A) In general Except as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (B) Notification Not later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. (3) Alternative increase of retirement age (A) In general In the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month. (B) Retirement age increase Notwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be— (i) the retirement age determined with respect to the individual under such section; plus (ii) the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (C) Increase to earliest entitlement age In the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). (4) Other recovery methods In any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)— (A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and (B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. (5) Projection of repayment amount As soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual’s benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual’s retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection. (g) Relationship with State law; employer benefits (1) In general This section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. (h) Sunset No application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent. (i) Definitions For purposes of this section— (1) the term qualified child (A) will not attain 18 years of age before the end of such benefit period; and (B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner. . (b) Conforming amendments (1) Nonpayment provisions Section 202 of the Social Security Act ( 42 U.S.C. 402 (A) in subsection (n)(1)(A), by striking under this section or section 223 under this section, section 219, or section 223 (B) in subsection (t), in paragraphs (1) and (10), by striking under this section or under section 223 under this section, under section 219, or under section 223 (C) in subsection (u)(1), by striking under this section or section 223 under this section, section 219, or section 223 (D) in subsection (x)— (i) in paragraph (1)(A), by striking under this section or under section 223 under this section, under section 219, or under section 223 (ii) in paragraph (2), by striking under this section or section 223 under this section, section 219, or section 223 (2) Delayed retirement credits Section 202(w) of the Social Security Act ( 42 U.S.C. 402(w) age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased) (3) Voluntary suspension of benefits Section 202(z)(1)(A)(ii) of the Social Security Act ( 42 U.S.C. 402(z)(1)(A)(ii) the age of 70 age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased) (4) Number of benefit computation years Section 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) (A) in clause (i), by striking , and (B) in clause (ii), by striking the period and inserting ; and (C) by inserting after clause (ii) the following: (iii) in the case of an individual who is entitled to a parental leave benefit under section 219, by the number of years equal to one-fifth of such individual's elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years. . (c) Effective date The amendments made by this section shall apply with respect to applications for parental leave benefits filed after 2023. 7. Cooperation with child support agencies as eligibility factor under supplemental nutrition assistance program Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (1) in subsection (l)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking At the option of a State agency, subject to Subject to (B) in paragraph (2), in the second sentence, by inserting custodial parent and the child (2) in subsection (m)(1), in the matter preceding subparagraph (A), by striking At the option of a State agency, subject to Subject to 8. Workforce development programs for non-custodial parents (a) Grants to States for workforce development programs for non-Custodial parents Beginning with fiscal year 2023, the Secretary shall use the funds made available under subsection (f) to make grants to States to conduct workforce development programs that provide evidence-based work activities, which may include workforce education and support, technical certification programs, subsidized employment, and on-the-job training and education, to eligible non-custodial parents. (b) Application requirements The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non-custodial parents. (2) Descriptions of how employers will be recruited to participate in such program and how the State will solicit input from employers in the design and implementation of such program. (3) A description of how the State will promote long-term employment through participation in such program. (4) A description of how the State will prioritize providing evidence-based work activities for low-income, eligible non-custodial parents. (5) Such other information as may the Secretary may require. (c) Other requirements A State receiving funds under this section shall prioritize providing evidence-based work activities through a program funded in whole or in part with such funds for eligible non-custodial parents who are eligible for benefits under the supplemental nutrition assistance program, as defined in section 3(t) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(t) (d) Reports Not later than 12 months after the end of the last fiscal year in which a State expends funds from a grant made under this section, the State shall submit to the Secretary a report that includes the following information: (1) The number of eligible non-custodial parents who participated in a workforce development program funded in whole or in part with such funds. (2) The median monthly earnings of an eligible non-custodial parent participant while participating in any such workforce development program and 6 months after exiting from the program. (3) The percentage of eligible non-custodial parent participants who are employed full-time 6 months after exiting from any such workforce development program. (4) Such other reporting requirements as the Secretary determines would be beneficial to evaluating the impact of workforce development programs funded in whole or in part with grant funds provided under this section. (e) Nonsupplantation Funds provided under this section to a State shall be used to supplement and not supplant any other Federal or State funds which are available for the same general purposes in the State. (f) Funding (1) In general Notwithstanding section 403(b) of the Social Security Act ( 42 U.S.C. 603(b) (2) Availability of funds Funds provided to a State under this section in a fiscal year shall remain available for expenditure by the State through the end of the second succeeding fiscal year. (g) Definitions In this section: (1) Eligible non-custodial parent (A) In general Subject to subparagraph (B), the term eligible non-custodial parent (i) is obligated to pay child support under a support order; (ii) has unpaid, past-due child support obligations; and (iii) has been unemployed or underemployed for any period of time during the 6-month period prior to the individual's participation in a program funded in whole or in part with funds provided to a State under this section. (B) Other eligibility requirements An individual shall not be considered to be an eligible non-custodial parent if the individual is not a citizen of the United States or would not be eligible for the program as a result of the application of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611 et seq. (2) Secretary The term Secretary (3) State The term State 9. Requiring biological fathers to pay child support for medical expenses incurred during pregnancy and delivery (a) In general Section 454 of the Social Security Act ( 42 U.S.C. 654 (1) in paragraph (33), by striking and (2) in paragraph (34), by striking the period and inserting ; and (3) by inserting after paragraph (34), the following: (35) provide that the State shall establish and enforce a child support obligation of the biological father of a child to pay for not less than 50 percent of the reasonable out-of-pocket medical expenses (including health insurance premiums or similar charge, deductions, cost sharing or similar charges, and any other related out-of-pocket expenses) the mother of the child is responsible for that are incurred during, and associated with, the pregnancy and delivery of the child, provided that the mother requests the payment of such support. . (b) Effective date (1) In general Subject to paragraph (2), the amendments made by subsection (a) shall take effect on January 1 of the first calendar year that begins after the date of enactment of this Act. (2) Delay if state legislation required In the case of a State plan under part D of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. 10. Pregnant students' rights, accommodations, and resources (a) Findings Congress finds the following: (1) Female students who are enrolled at institutions of higher education and experiencing unplanned pregnancies may face pressure that their only option is to receive an abortion or risk academic failure. (2) 27.6 percent of all abortions in the United States are performed on women of college age, between the ages of 20 and 24, according to a 2019 report by the Centers for Disease Control and Prevention. (3) A significant proportion of abortions in the United States are performed on women of college age who may be unaware of their rights under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (4) Additionally, women on college campuses may fear institutional reprisal, loss of athletic scholarship, and possible negative impact on academic opportunities. (5) An academic disparity exists because of the lack of resources, support, and notifications available for female college students who do not wish to receive an abortion or who carry their unborn babies to term. (b) Notice of pregnant student rights, accommodations, and resources Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 (n) Pregnant Students’ Rights, Accommodations, and Resources (1) Information dissemination activities; establishment of protocol (A) In general Each public institution of higher education participating in any program under this title shall— (i) in a manner consistent with title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (I) exclude abortion services; (II) may help such a student carry their unborn babies to term; and (III) include information on how to file a complaint with the Department if such a student believes there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (ii) establish a protocol to meet with a student described in clause (i)(III), which shall include a meeting with relevant leadership at the institution of higher education, and other relevant parties. (B) Description of information dissemination requirements The information dissemination activities described in this subparagraph shall include— (i) annual campus-wide emails; or (ii) the provision of information in student handbooks, at each orientation for enrolled students, or on the publicly available website of the institution of higher education. (2) Annual report to Congress (A) In general Each public institution of higher education participating in any program under this title shall— (i) on an annual basis, compile and submit to the Secretary— (I) responses to the questions described in subparagraph (B) from students enrolled at such institution of higher education who voluntarily provided such responses; and (II) a description of any actions taken by the institution of higher education to address each complaint by a student that there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (ii) ensure that any such responses remain confidential and do not reveal any personally identifiable information with respect to a student. (B) Questions for enrolled students The questions described in this subparagraph shall include— (i) if such student experienced an unexpected pregnancy while enrolled at the institution of higher education; (ii) if such student felt there were adequate resources on campus relating to protections, accommodations, and other resources for pregnant students besides abortion-related services; (iii) if such a student believes there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (iv) if such student considered dropping out or withdrawing from classes because of pregnancy, new motherhood, stillbirth, or miscarriage. (C) Report The Secretary shall, on an annual basis— (i) prepare a report that compiles the responses received under subparagraph (A) from each public institution of higher education participating in any program under this title; and (ii) submit such report to the authorizing committees, and the Committees on Appropriations of the House of Representatives and the Senate. . 11. Grants for community-based maternal mentoring programs Title V of the Social Security Act ( 42 U.S.C. 701 et seq. 514. Grants for community-based maternal mentoring programs (a) In general In addition to any other payments made under this title to a State, the Secretary shall make grants to eligible entities to conduct demonstration projects for, and enable such entities to deliver services under, community-based mentoring programs that satisfy the requirements of subsection (c) to eligible mothers in order to promote improvements in maternal and child well-being, financial stewardship, child development, parenting, and access to social services and other community resources. (b) Application The Secretary may not award funds made available under this subsection on a noncompetitive basis, and may not provide any such funds to an entity for the purpose of carrying out a community-based mentoring program unless the entity has submitted an application to the Secretary that includes— (1) a description of how the programs or activities proposed in the application will improve maternal mental and physical health outcomes in a service area identified by the entity, substantially increase the number of eligible mothers in a service area with access to a community-based mentoring relationship, utilize community volunteer mentors, and supplement, including by avoiding duplication with, existing social services and community resources; (2) a description of how the program will partner with other community institutions, including private institutions, in identifying eligible mothers in need of a mentor and, as applicable, creating support communities among eligible mothers; (3) a description of the populations to be served by the entity, including specific information on how the entity will serve eligible mothers who belong to high-risk populations as identified in subsection (d); (4) a description of the maternal and child health indicators, financial well-being, and other needs of populations to be served by the entity as described in paragraph (3), including, to the extent practicable, the prevalence of mentoring opportunities for such populations; (5) the quantifiable benchmarks that will be used to measure program success; (6) a commitment by the entity to consult with experts with a demonstrated history of mentoring and case management success in achieving the outcomes described in subsection (c)(2)(A) in developing the programs and activities; (7) a commitment by the entity to ensure mentors do not refer or counsel in favor of abortions; and (8) such other application information as the Secretary may deem necessary, with the goal of minimizing the application burden on small nongovernmental organizations that would otherwise qualify for the grant. (c) Requirements (1) Core components A community maternal mentoring program conducted with a grant made under this section shall include the following core components: (A) Provision of community-based mentoring relationships for eligible mothers, which may include dedicated individual mentors and networks of peer and community support groups. (B) An individualized needs assessment for each eligible mother participating in the program, to be administered at the outset of the program. (C) Recruitment and utilization of community-based, volunteer mentors. (D) Provision of training to participating mentors to equip them with mentoring best practices and knowledge of public and private resources available to eligible mothers (including public social services). (2) Measurable improvements in benchmark areas (A) In general The eligible entity shall establish, subject to the approval of the Secretary, quantifiable, measurable 3- and 5-year benchmarks demonstrating the program results in improvements for eligible mothers participating in the program in the following areas: (i) The number of eligible mothers in the eligible entity’s service area with access to a community-based mentoring relationship. (ii) Improved maternal and child health, including mental and behavioral health. (iii) Improved financial literacy. (iv) Improved family economic self-sufficiency. (v) Improved coordination and referrals for other community resources and supports, including public and private resources. (B) Demonstration of improvement (i) Report to the Secretary Not later than 30 days after the end of the third year in which the eligible entity conducts the program, the entity shall submit to the Secretary a report describing the program's results in the areas specified in subparagraph (A). (ii) Improvement plan If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. (iii) No improvement or failure to submit report If, 1 year after an eligible entity submits an improvement plan under clause (ii), the Secretary determines that the entity has failed to demonstrate any improvement in the areas specified in subparagraph (A), or if the Secretary determines that an eligible entity has failed to submit the report required under clause (i), and has not agreed to a reasonable timeline to submit such report under such conditions as may be determined by the Secretary, the Secretary shall terminate the entity’s grant and may reallocate any unpaid grant funds toward future grants provided under this section. (3) Improvements in participant outcomes (A) In general The program is designed, with respect to an eligible mother participating in the program, to result in the participant outcomes described in subparagraph (B) that are relevant to the mother (as determined pursuant to an individualized needs assessment administered to the mother). (B) Participant outcomes The participant outcomes described in this subparagraph are the following: (i) Improvements in prenatal and maternal health, including mental and behavioral health and improved pregnancy outcomes. (ii) Improvements in child health and development, including the prevention of child injuries and maltreatment. (iii) Higher levels of engagement between mothers, children, and their health providers. (iv) Reductions in mothers' stress and anxiety. (v) Improvements in parenting skills. (vi) Improvement in financial literacy skills. (vii) Improvements in child's school readiness and academic achievement. (viii) Improvements in family economic self-sufficiency. (ix) Improvements in the coordination of referrals for, and the provision of, other community resources, including private and public resources, and supports for eligible families. (d) Prioritization An eligible entity receiving a grant under this section shall identify and prioritize high-risk populations in provision of services, including— (1) low-income eligible mothers; (2) eligible mothers who are pregnant women who have not attained the age of 21; (3) eligible mothers from populations with a high risk of maternal morbidity; (4) eligible mothers with a history of substance abuse or victims of domestic abuse; (5) eligible mothers with children with developmental disabilities; and (6) eligible mothers residing in a qualified opportunity zone, as designated under section 1400Z–1 (e) Maintenance of effort Funds provided to an eligible entity under a grant awarded under subsection (a) shall supplement, and not supplant, funds from other sources for maternal mentorship or case management services. (f) Evaluation (1) Ongoing research and evaluation The Secretary shall engage in ongoing research and evaluation activities in order to increase knowledge about the implementation and effectiveness of community maternal mentoring programs. The Secretary may carry out such activities directly, or through grants, cooperative agreements, or contracts, and shall submit a report to Congress not less than annually on the research and evaluation steps being taken to measure the impact and effectiveness of programs funded under this section, as well as any interim outcomes that may be available. (2) Report requirement Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation. (g) Technical assistance The Secretary shall provide an eligible entity required to develop and implement an improvement plan under subsection (c)(2)(B) with technical assistance to develop and implement the plan. The Secretary may provide the technical assistance directly or through grants, contracts, or cooperative agreements. (h) No funds to prohibited entities No prohibited entity shall be eligible to receive a grant under subsection (a), or any other funds made available by this section. (i) Protections for participating religious organizations A religious organization shall be eligible to apply for and receive funding for a program under this section on the same basis as a non-religious organization, and a religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) (j) Authorization of appropriations (1) In general For purposes of carrying out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2023 through 2025. (2) Reservations Of the amounts appropriated under this subsection for a fiscal year, the Secretary shall reserve 3 percent for purposes of carrying out subsections (f) and (g). (3) Availability Funds made available to an eligible entity under this section shall remain available for expenditure by the eligible entity through the end of the third fiscal year following the fiscal year in which the funds are awarded to the entity. (k) Definitions In this section: (1) Community-based mentoring relationship The term community-based mentoring relationship (2) Eligible entity The term eligible entity (3) Eligible mother The term eligible mother (A) a woman who is pregnant; or (B) a woman who has primary caregiving responsibilities for a child under the age of 6. (4) Prohibited entity The term prohibited entity . 12. Equal treatment for religious organizations in social services (a) Purposes The purposes of this section are the following: (1) To enable assistance to be provided to individuals and families in need in the most effective manner. (2) To prohibit discrimination against religious organizations in receipt and administration of Federal financial assistance, including the provision of that assistance through federally funded social service programs. (3) To ensure that religious organizations can apply and compete for Federal financial assistance on a level playing field with nonreligious organizations. (4) To provide certainty for religious organizations that receipt of Federal financial assistance will not obstruct or hinder their ability to organize and operate in accordance with their sincerely held religious beliefs. (5) To strengthen the social service capacity of the United States by facilitating the entry of new, and the expansion of existing, efforts by religious organizations in the administration and provision of Federal financial assistance. (6) To protect the religious freedom of, and better serve, individuals and families in need, including by expanding their ability to choose to receive federally funded social services from religious organizations. (b) Provision of services for government programs by religious organizations Title XXIV of the Revised Statutes is amended by inserting after section 1990 ( 42 U.S.C. 1994 1990A. Ensuring equal treatment for religious organizations in Federal provision of social services, grantmaking, and contracting (a) In general For any social services program carried out by the Federal Government, or by a State, local government, or pass-through entity with Federal funds, the entity that awards Federal financial assistance shall consider religious organizations, on the same basis as any other private organization, to provide services for the program. (b) Equal treatment for religious organizations in Federal financial assistance (1) In general A religious organization shall be eligible to apply for and to receive Federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization. (2) Selection In the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise. (3) Prohibition against improper burden on religious organizations (A) In General Except in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass-through entity. (B) Equal treatment on assurances and notices No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations. (C) Equal application of restrictions Any restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations. (D) Program requirements All organizations that receive Federal financial assistance for a social services program, including religious organizations, shall carry out eligible activities in accordance with all program requirements, and other applicable requirements governing the conduct of activities funded by the entity that awards Federal financial assistance. (E) No disqualification based on religion No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall— (i) disqualify religious organizations from applying for or receiving Federal financial assistance for a social services program on the basis of the organization’s religious character or affiliation, or grounds that discriminate against the organization on the basis of the organization’s religious exercise; or (ii) prohibit the provision of religious activities or services at the same time or location as any program receiving such Federal financial assistance. (c) Religious character and freedom (1) Freedom A religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence. (2) Religious character A religious organization that applies for or receives Federal financial assistance for a social services program may, among other things— (A) retain religious terms in the organization's name; (B) continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs; (C) use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities; (D) select, promote, or dismiss the members of the organization’s governing body and the organization’s employees on the basis of their acceptance of or adherence to the religious tenets of the organization; and (E) include religious references in the organization's mission statement and other chartering or governing documents. (d) Rights of covered beneficiaries of services (1) In general Except as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. (2) Special rule It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization’s program. (3) Alternative services If a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives, or would receive, services as part of the federally funded social services program, the appropriate Federal, State, or local governmental entity shall provide to such beneficiary (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, a referral for alternative services that— (A) are reasonably accessible to the covered beneficiary; and (B) have a substantially similar value to the services that the covered beneficiary would initially have received from such organization. (4) Definition In this subsection, the term covered beneficiary (e) Religious exemptions A religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. 42 U.S.C. 2000e–1(a) 42 U.S.C. 3601 et seq. 20 U.S.C. 1681 et seq. 42 U.S.C. 12101 et seq. 42 U.S.C. 2000bb et seq. 42 U.S.C. 2000cc et seq. (f) Limited audit (1) In General A religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. Only the separate accounts consisting of Federal funds and any required matching funds shall be subject to audit by the Federal Government with respect to an audit undertaken for the purposes of oversight of Federal financial assistance. (2) Commingling of funds If a religious organization providing services for a social services program using Federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement Federal funds, the organization may segregate the organization's own funds that are not matching funds into separate accounts, or commingle the organization's own funds that are not matching funds with the matching funds. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government. (g) Private right of action Any religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section— (1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and (2) may obtain appropriate relief, including attorney’s fees, against an entity or agency that committed such violation. (h) Federal preemption of State and local laws With respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section. (i) Construction The provisions of this section shall supersede all Federal law (including statutory and other law, and policies used in the implementation of that law) that is enacted or issued before the date of enactment of this section. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section. (j) Severability If any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby. (k) Definitions In this section: (1) Discriminate on the basis of an organization’s religious exercise (A) In general The term discriminate (i) by failing to select an organization; (ii) by disqualifying an organization; or (iii) by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization, or has the effect of so penalizing or disfavoring an organization. (B) Covered conduct or motivation In this paragraph, the term covered conduct or motivation (i) conduct that would not be considered grounds to disfavor a nonreligious organization; (ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. (iii) the actual or suspected religious motivation for the organization’s religious exercise. (2) Other definitions (A) Federal financial assistance The term Federal financial assistance (B) Pass-through entity The term pass-through entity (C) Program The term program (D) Religious exercise The term religious exercise 42 U.S.C. 2000cc–5 (E) Services The term services (F) Social services program The term social services program (i) means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need; and (ii) includes a program that provides, to people in need— (I) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities; (II) transportation services; (III) job training and related services, and employment services; (IV) information, referral, and counseling services; (V) the preparation and delivery of meals, nutrition services, and services related to soup kitchens or food banks; (VI) health support services; (VII) literacy and mentoring services; (VIII) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; or (IX) services related to the provision of assistance for housing under Federal law. . 13. Awareness for expecting mothers The Public Health Service Act is amended by adding at the end the following: XXXIV Awareness for expecting mothers 3401. Website and portal (a) Website Not later than 1 year after the date of enactment of this section, the Secretary shall publish a user-friendly public website, life.gov, to provide a comprehensive list of Federal, State, local governmental, and private resources available to pregnant women including— (1) resources to mental health counseling, pregnancy counseling, and other prepartum and postpartum services; (2) comprehensive information on alternatives to abortion; (3) information about abortion risks, including complications and failures; and (4) links to information on child development from moment of conception. (b) Portal Not later than 1 year after the date of enactment of this section, the Secretary shall publish a portal on the public website of the Department of Health and Human Services that— (1) through a series of questions, will furnish specific tailored information to the user on what pregnancy-related information they are looking for, such as— (A) Federal, State, local governmental, and private resources that may be available to the woman within her zip code, including the resources specified in subsection (c); and (B) risks related to abortion at all stages of fetal gestation; and (2) provides for the submission of feedback on how user-friendly and helpful the portal was in providing the tailored information the user was seeking. (c) Resources The Federal, State, local governmental, and private resources specified in this subsection are the following: (1) Mentorship opportunities, including pregnancy help and case management resources. (2) Health and well-being services, including women’s medical services such as obstetrical and gynecological support services for women, abortion pill reversal, breastfeeding, general health services, primary care, and dental care. (3) Financial assistance, work opportunities, nutrition assistance, childcare, and education opportunities. (4) Material or legal support, including transportation, food, nutrition, clothing, household goods, baby supplies, housing, shelters, maternity homes, tax preparation, legal support for child support, family leave, breastfeeding protections, and custody issues. (5) Recovery and mental health services, including services with respect to addiction or suicide intervention, intimate partner violence, sexual assault, rape, sex trafficking, and counseling for women and families surrounding unexpected loss of a child. (6) Prenatal diagnostic services, including disability support organizations, medical interventions for a baby, perinatal hospice resources, pregnancy and infant loss support, and literature on pregnancy wellness. (7) Healing and support services for abortion survivors and their families. (8) Services providing care for children, including family planning education, adoption, foster care, and short-term care resources. (d) Administration The Secretary may not delegate implementation or administration of the portal established under subsection (b) below the level of the Office of the Secretary. (e) Follow-Up The Secretary shall develop a plan under which— (1) the Secretary includes in the portal established under subsection (b), a mechanism for users of the portal to take an assessment through the portal and provide consent to use the user’s contact information; (2) the Secretary conducts outreach via phone or email to follow up with users of the portal established under subsection (b) on additional resources that would be helpful for the users to review; and (3) upon the request of a user of the portal for specific information, after learning of the additional resources through the portal, agents of the Department of Health and Human Services make every effort to furnish specific information to such user in coordination with Federal, State, local governmental, and private health care providers and resources. (f) Resource list aggregation (1) In general Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. (2) Criteria for making recommendations The Secretary shall develop criteria to provide to the States to determine whether resources recommended as described in paragraph (1) for inclusion in the portal can appear in the portal. Such criteria shall include the requirement that the resource provider is not a prohibited entity and the requirement that the resource provider has been engaged in providing services for a minimum of 3 consecutive years. (3) Grant program (A) In general The Secretary may provide grants to States to establish or support a system that aggregates the resources described in subsection (b)(1)(A), in accordance with the criteria developed under paragraph (2), and that may be coordinated, to the extent determined appropriate by the State, by a statewide, regionally based, or community-based public entity or private nonprofit. (B) Applications To be eligible to receive a grant under subparagraph (A), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for outreach and awareness activities, and a list of service providers that would be included in the State system supported by the grant. (g) Maternal Mental Health Hotline The Secretary shall ensure that the Maternal Mental Health Hotline of the Health Resources and Services Administration— (1) disseminates information regarding, and linkages to, the life.gov website and portal described in subsections (a) and (b); (2) has the capacity to help families in every State and community in the Nation; and (3) includes live chat features, 24 hours a day, to connect individuals to the information the portal hosts. (h) Prohibition regarding certain entities The resources listed on the life.gov website, and made available through the portal and hotline established under this section may not include any resource offered by a prohibited entity. (i) Services in different languages The life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English. (j) Reporting requirements (1) In general Not later than 180 days after date on which the life.gov website and portal are established under subsection (a), the Secretary shall submit to Congress a report on— (A) the traffic of the website and the interactive portal; (B) user feedback on the accessibility and helpfulness of the website and interactive portal in tailoring to the user’s needs; (C) insights on gaps in Federal, State, local governmental, and private programming with respect to services for pregnant and postpartum women; and (D) suggestions on how to improve user experience and accessibility based on user feedback and missing resources that would be helpful to include in future updates. (2) Confidentiality The report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal. (k) Definitions In this section: (1) Abortion The term abortion (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove an ectopic pregnancy or a dead unborn child. (2) Born alive The term born alive (3) Prohibited entity The term prohibited entity (4) Unborn child The term unborn child . 14. WIC reform (a) Breastfeeding woman (1) Definition of breastfeeding woman Section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) (b) Definitions In this section: (1) Breastfeeding woman The term breastfeeding woman . (2) Certification Section 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A)(ii) 1 year 2 years (b) Postpartum woman (1) Definition of postpartum woman Section 17(b)(10) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b)(10) , and, for purposes of subsection (d), includes women up to 2 years after the birth of a child born alive or a stillbirth. (2) Certification Section 17(d)(3)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A) (A) in clause (i), by striking clause (ii) clauses (ii) and (iii) (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) Postpartum women A State may elect to certify a postpartum woman for a period of up to 2 years after the birth of a child born alive or a stillbirth. . (c) Child support Section 17(e)(4) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(e)(4) (1) in subparagraph (B), by striking and (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: (C) shall provide to individuals applying for the program under this section, or reapplying at the end of their certification period— (i) written information about establishing child support orders under the law of the State; and (ii) on request from the individual applicant, referral to any program or agency of the State authorized to determine eligibility for child support orders; and . (d) Child support enforcement plan Section 17(f)(1)(C) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(1)(C) (1) in clause (x), by striking and (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: (xi) a plan to facilitate referrals for participants seeking to establish a child support order; and . (e) Review of available supplemental foods Section 17(f)(11)(C) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(11)(C) (1) in the matter preceding clause (i), by striking 10 5 (2) in clause (ii), by striking amend the supplemental foods available, as necessary, to not later than 18 months after the conclusion of each scientific review conducted under clause (i), promulgate a final rule to amend the supplemental foods, as necessary, to (f) Increase in cash-Value voucher amount Section 17(f)(11) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(11) (D) Increase in cash-value voucher amount Using funds made available for the program authorized by this section, not later than 30 days after the date of enactment of the Providing for Life Act (i) increase the amount of the cash-value voucher (as defined in section 246.2 of title 7 (Code of Federal Regulations) (or a successor regulation)) to reflect the amount provided to participants of the program as of August 31, 2022 (and adjusted for inflation); and (ii) maintain such amount until the date on which a new final rule is promulgated pursuant to subparagraph (C)(ii). . 15. Pregnancy resource centers (a) In general The Secretary of Health and Human Services shall use amounts available under subsection (b) to provide grants and other assistance to pregnancy resource centers to assist such centers in carrying out activities to support women's pregnancy-related health. (b) Funding Notwithstanding any other provision of law, a pregnancy resource center shall be eligible for funding under title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. (c) Definitions In this section: (1) Community referrals The term community referrals (2) Material assistance The term material assistance (3) Pregnancy resource center The term pregnancy resource center
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Providing for Life Act
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Saving Privacy Act This bill adjusts certain amounts for inflation, including reporting thresholds applicable to financial transactions, the threshold for the criminal offense of cash smuggling, and tax return thresholds for cash receipts.
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117 S4869 IS: Saving Privacy Act U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4869 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Lee Ms. Lummis Mr. Braun Committee on Finance A BILL To index certain thresholds for inflation. 1. Short title This Act may be cited as the Saving Privacy Act 2. Findings Congress finds the following: (1) Public Law 91–508 (referred to in this section as the Bank Secrecy Act (2) In 1972, the Department of the Treasury published the final rule implementing the Bank Secrecy Act, which required filing a report on each transaction in currency of more than $10,000 (3) While the Supreme Court of the United States issued a ruling in California Bankers Association v. Shultz, 416 U.S. 21 (1974) that the Bank Secrecy Act did not violate the Fourth Amendment to the Constitution of the United States, the controlling opinion cautioned that a significant extension of the regulations’ reporting requirements . . . would pose substantial and difficult constitutional questions (4) Inflation has risen to almost 600 percent since the 1974 decision described in paragraph (3) and the threshold has not been adjusted accordingly. (5) While $10,000 was sufficient to buy a modest multi-bedroom home in the 1970s, today that amount cannot even cover the purchase of many lightly used cars. (6) This development represents a significant extension of the reporting requirements under the applicable regulations and could render the Bank Secrecy Act reporting requirement unconstitutional unless redressed. 3. Records and reports on monetary instrument transactions Title 31, United States Code, is amended— (1) in section 5313(a), in the first sentence, by striking , or under circumstances the Secretary prescribes by regulation not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) (2) in section 5316(a), by striking more than $10,000 not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) (3) in section 5318— (A) in subsection (a)(2), by striking as the Secretary may prescribe by regulation relating to transactions of not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) (B) in subsection (g)— (i) in paragraph (1), by inserting of not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) report any suspicious transaction (ii) in paragraph (5)(D)(ii)(II), by inserting of not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) any other transaction (4) in section 5331, in subsections (a)(1)(B) and (d)(1)(B), by striking $10,000 $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) (5) in section 5332(a)(1), by striking $10,000 $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) 4. Returns relating to cash received in trade or business Section 6050I (a) in subsections (a)(2), (d)(2), and (g)(1), by striking $10,000 $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) (b) in subsection (d)(1), by inserting of not more than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974) currency 5. Recordkeeping regulations for insured depository institutions Section 21(b) of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b(b) (4) Thresholds The regulations prescribed under this subsection shall apply to transactions of not less than $10,000 (as adjusted for each fiscal year beginning after September 30, 2022 to reflect the percentage change in the Consumer Price Index for such fiscal year compared to the Consumer Price Index for the year ending September 30, 1974). .
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Saving Privacy Act
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21st Century Conservation Corps Act This bill provides funding for FY2021 to the Department of Agriculture, the Department of the Interior, the Department of Homeland Security, the Department of Labor, and the Department of Commerce primarily for federal land management and other conservation purposes. The funding provided by this bill is designated as emergency spending, which is exempt from discretionary spending limits. The bill also establishes the Outfitters and Guides Relief Fund; expands the Every Kid Outdoors Program to include fifth and sixth grade students and home-schooled learners 11 and 12 years of age, who shall be provided free access to federal lands and waters under the program; establishes the Forest Service Legacy Roads and Trails Remediation Program; establishes the 21st Century Civilian Conservation Corps program to support youth and workforce development programs; provides for the temporary waiver of ski area permit and rental fees; provides for the temporary waiver of outdoor recreation land use permit fees; provides for the use of the Reforestation Trust Fund for the reforestation of certain National Forest System lands, Bureau of Land Management lands, and Bureau of Indian Affairs lands; establishes the Reforest America Grant Program; and extends through FY2030 and revises the Conservation Stewardship Program, including to provide additional funding for conservation activities related to climate stewardship practices.
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91 S487 IS: 21st Century Conservation Corps Act U.S. Senate 2021-02-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 487 IN THE SENATE OF THE UNITED STATES February 25, 2021 Mr. Wyden Mr. Booker Mr. Merkley Mr. Heinrich Committee on Energy and Natural Resources A BILL To make supplemental appropriations for the Departments of Agriculture, the Interior, Homeland Security, Labor, and Commerce for the fiscal year ending September 30, 2021, and for other purposes. 1. Short title This Act may be cited as the 21st Century Conservation Corps Act 2. Supplemental appropriations for the Departments of Agriculture, the Interior, Homeland Security, Labor, and Commerce (a) In general The following amounts are appropriated, out of any amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, and for other purposes: (1) Forest Service supplemental appropriations For additional amounts for the Forest Service— (A) $8,075,000,000 for National Forest System (i) $3,500,000,000, to remain available through September 30, 2023, shall be used for hazardous fuels management activities, subject to the conditions that the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this paragraph as the Secretary (I) shall prioritize hazardous fuels reduction projects using those amounts for projects— (aa) for which any applicable processes under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (bb) that are noncommercial; (cc) that focus on small diameter trees, thinning, strategic fuel breaks, and fire use to modify fire behavior, as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type, such as adverse soil impacts, tree mortality, or other impacts; (dd) that maximize the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; (ee) that do not include the establishment of permanent roads; and (ff) for which funding would be committed to decommission all temporary roads constructed to carry out the project; (II) shall not harvest vegetation— (aa) from any old growth stand, unless the old growth stand is part of a science-based ecological restoration project authorized by the Secretary that meets applicable protection and old growth enhancement objectives, as determined by the Secretary; or (bb) within any inventoried roadless area; and (III) shall complete and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an annual report describing the number of acres of land on which projects carried out using those amounts effectively mitigated wildfire risk; (ii) $150,000,000, to remain available through September 30, 2023, shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration treatments, as authorized by section 4003(f) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303(f) Provided 16 U.S.C. 7303(b)(2) (iii) $300,000,000, to remain available through September 30, 2023, shall be used to implement watershed protection and restoration action plans developed as part of the Watershed Condition Framework established under section 304 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6543 (iv) $25,000,000, to remain available through September 30, 2021, for Recreation, Heritage, and Wilderness 16 U.S.C. 6804 Public Law 116–9 (v) $100,000,000, to remain available through September 30, 2023, shall be used for plan monitoring programs developed pursuant to section 219.12 of title 36, Code of Federal Regulations (or successor regulations), including multi-party monitoring under those programs; (B) $6,000,000,000 for Capital Improvement and Maintenance (i) the Secretary shall prioritize the use of those amounts to carry out authorized activities— (I) to provide stewardship for existing system roads and trails; (II) to improve water quality; (III) to improve, maintain, or restore infrastructure for— (aa) the passage of fish and wildlife; and (bb) recreational use; (IV) to decommission unneeded roads; (V) to improve visitor services; and (VI) to improve recreational and educational access, opportunities, and other services to underserved communities; and (ii) $300,000,000 shall be used for the Forest Service Legacy Roads and Trails Remediation Program established by section 8 of Public Law 88–657 (C) $2,400,000,000 for State and Private Forestry (i) $100,000,000, to remain available through September 30, 2023, shall be used for competitive grants under the landscape-scale restoration program established under section 13A of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2109a 25 U.S.C. 5301 (ii) $100,000,000, to remain available until expended, shall be used for the Forest Legacy Program; (iii) $100,000,000, to remain available through September 30, 2023, shall be used for the urban and community forestry program; (iv) $100,000,000, to remain available through September 30, 2023, shall be used for the community forest and open space conservation program; and (v) $2,000,000,000, to remain available through September 30, 2023, shall be used for State fire assistance (National Fire Capacity); (D) $30,000,000, to remain available through September 30, 2023, shall be used for the Water Source Protection Program established under section 303 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542 (E) $100,000,000 for the purchase of personal protective equipment and other preparedness and response expenses relating to COVID–19, to remain available through September 30, 2023: Provided (F) $2,000,000,000, to remain available through September 30, 2023, to carry out the National Forest System Trails Stewardship Act ( 16 U.S.C. 583k (2) Natural Resources Conservation Service For an additional amount for the Natural Resources Conservation Service, $5,500,000,000 for Conservation Operations 16 U.S.C. 3871c(d) 16 U.S.C. 3871a (A) the amounts shall be used— (i) to fund high-impact resiliency projects to restore watersheds, the eligible partner (as so defined) with respect to which demonstrates— (I) quantifiable reductions to nonpoint source pollution; (II) quantified increases in streamflow that functionally benefit native fish and wildlife species; or (III) quantified streamflow preference to account for recreational usage; and (ii) to provide $200,000,000 in technical assessment funding to eligible partners (as so defined) to analyze and identify the high-impact sediment, nutrient, and streamflow benefits available in watersheds in advance of projects carried out using those amounts, on a State-by-State and watershed-by-watershed basis, by December 31, 2022; and (B) with respect to a high-impact resiliency project described in subparagraph (A)(i) funded using amounts made available under this paragraph— (i) the project shall be approved on an expedited basis; (ii) the project shall receive 100 percent Federal financial assistance, including 60 percent of the assistance provided at the beginning of the project, with eligible partners (as so defined) managing the projects receiving an additional 20 percent administrative rate; and (iii) of the amount provided for the project, not more than 15 percent shall be used by the Secretary of Agriculture to provide technical assistance and measure project results. (3) Community wood energy and wood innovation program $100,000,000 for the Secretary of Agriculture for competitive grants under the Community Wood Energy and Wood Innovation Program established under section 9013 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113 Provided, 7 U.S.C. 8113(g)(2) (4) Department of the Interior supplemental appropriations For additional amounts— (A) for the Bureau of Land Management— (i) $2,025,000,000 for Management of Lands and Resources Secretary (I) shall prioritize hazardous fuels reduction projects using those amounts for projects— (aa) for which any applicable processes under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (bb) that are noncommercial; (cc) that focus on small diameter trees, thinning, strategic fuel breaks, and fire use to modify fire behavior, as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type, such as adverse soil impacts, tree mortality, or other impacts; (dd) that maximize the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; (ee) that do not include the establishment of permanent roads; and (ff) for which funding would be committed to decommission all temporary roads constructed to carry out the project; (II) shall not harvest vegetation from any old growth stand, unless the old growth stand is part of a science-based ecological restoration project authorized by the Secretary that meets applicable protection and old growth enhancement objectives, as determined by the Secretary; and (III) shall complete and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an annual report describing the number of acres of land on which projects carried out using those amounts effectively mitigated wildfire risk; (ii) $25,000,000, to remain available until September 30, 2021, for the Every Kid Outdoors program established under section 9001 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 16 U.S.C. 6804 Public Law 116–9 (iii) $2,000,000,000, to remain available until September 30, 2023, for Management of Lands and Resources (I) to provide stewardship for existing system roads and trails; (II) to improve water quality; (III) to improve, maintain, or restore infrastructure for the passage of fish and wildlife; (IV) to decommission unneeded roads; (V) to improve visitor services; and (VI) to improve recreational and educational access, opportunities, and other services to underserved communities; (B) for the United States Fish and Wildlife Service, to remain available until September 30, 2023— (i) $300,000,000 for Resource Management (I) $150,000,000 shall be used for the partners for fish and wildlife program; and (II) $150,000,000 shall be used for migratory bird management under the North American waterfowl joint ventures program; and (ii) $15,000,000 for National Wildlife Refuge System 16 U.S.C. 6804 Public Law 116–9 (C) for the Bureau of Reclamation, $4,505,000,000 for Water and Related Resources (i) $500,000,000 shall be used to provide funding for rural water supply projects that serve Indian Tribes under the rural water supply program under section 103 of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2402 Provided (ii) $4,500,000, to remain available through September 30, 2023, shall be used to carry out the WaterSMART program authorized by subtitle F of title IX of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10361 (I) high-impact resiliency projects funded using those amounts shall have— (aa) quantifiable and high-efficiency improvements to regional drought resiliency; and (bb) quantifiable increases in streamflows that functionally benefit native fish and wildlife species; (II) grants provided using those amounts shall be approved on an expedited basis; (III) the amount of a grant provided using those amounts shall be not more than $50,000,000; and (IV) $100,000,000 shall be provided in technical assessment funding to recipients of amounts under that program to analyze and identify the high-impact sediment, nutrient, and streamflow benefits available in watersheds in advance of projects carried out using those amounts, on a State-by-State basis, by December 31, 2022; and (iii) $5,000,000, to remain available through September 30, 2021, shall be used for the Every Kid Outdoors program established under section 9001 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 16 U.S.C. 6804 Public Law 116–9 (D) for the Bureau of Indian Affairs, $45,000,000 for Operation of Indian Programs (i) $20,000,000 shall be used for forestry, subject to the condition that such amount shall be divided equally between Tribal priority allocation and forest projects; (ii) $20,000,000 shall be made available to Indian Tribes on a competitive basis to build capacity for participation in large landscape-scale forest health treatments; and (iii) $5,000,000 shall be used for a workforce development initiative to recruit and retain forestry professionals on Indian land; and (E) for the National Park Service— (i) $575,000,000 for Operation of the National Park Service (I) $25,000,000 shall be used for the Every Kid Outdoors program established under section 9001(b)(1) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 16 U.S.C. 6804 Public Law 116–9 (II) $50,000,000 shall be used to support programming and partnerships with youth-serving organizations; and (III) $500,000,000 shall be used for the Outdoor Recreation Legacy Partnership Program of the Land and Water Conservation Fund, subject to the conditions that— (aa) 49 percent of the funds shall be divided equally among each State, territory of the United States, and the District of Columbia; (bb) 49 percent of the funds shall be divided proportionally among the States and territories of the United States based on the urban population of the States and territories of the United States, as determined by the 2010 census; (cc) 2 percent of the funds shall be reserved for the provision of funds to Tribal governments by the Secretary; (dd) the Secretary shall coordinate with the chief executive officers of the States and territories of the United States to distribute grants at a Federal share of 100 percent on an expedited basis to support job creation and economic revitalization in low-income communities through projects that— (AA) acquire land and water for parks and other public outdoor recreation purposes; (BB) develop new, or renovate existing, public outdoor recreation facilities; and (CC) improve delivery of recreation services, including personnel, training, facilities, programming, recreation equipment, and supplies; and (ee) priority shall be given to projects that— (AA) create or significantly enhance access to park, waterway, and recreational opportunities in a qualifying urban area that lacks parks and outdoor recreation areas within 0.5 miles of, or 10-minute walking distance from, the qualifying urban area; (BB) improve outdoor recreation opportunities for high-need populations based on income, age, or other measures of vulnerability and need; (CC) provide opportunities for employment or job training in park construction, site rehabilitation, or operations; (DD) engage and empower underserved communities and youth; and (EE) take advantage of coordination among various levels of government; and (ii) $6,000,000,000 for Construction (I) to provide stewardship for existing National Park System roads and trails; (II) to improve water quality; (III) to improve, maintain, or restore infrastructure for the passage of fish and wildlife; (IV) to improve visitor services; and (V) to improve recreational and educational access, opportunities, and other services to underserved communities. (5) Department of Homeland Security supplemental appropriations For an additional amount for the Department of Homeland Security for Disaster Relief Fund 42 U.S.C. 5133 (6) Department of Commerce supplemental appropriations For an additional amount for the Department of Commerce for Operations, Research, and Facilities 16 U.S.C. 7503 16 U.S.C. 7505 (7) Department of Labor appropriations $9,000,000,000 for the Department of Labor for the Civilian Conservation Corps program established under subtitle E of title I of the Workforce Innovation and Opportunity Act, to remain available through September 30, 2022. (b) Local benefit; environmental analysis To the extent practicable, in using amounts made available under subsection (a)(1), the Secretary of Agriculture, acting through the Chief of the Forest Service— (1) is encouraged to enter into stewardship contracting projects under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c (2) shall carry out projects using those amounts in accordance with section 104 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6514 (c) Community engagement In carrying out projects using amounts made available under this section, each Secretary concerned shall, to the maximum extent practicable, engage— (1) historically underrepresented communities; or (2) historically disenfranchised communities. (d) Public lands service organizations In carrying out conservation projects using amounts made available under paragraphs (1) through (6) of subsection (a), each Secretary concerned— (1) shall, to the maximum extent practicable, use— (A) qualified youth or conservation corps (as defined in section 203 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1722 (B) nonprofit wilderness, trails, and recreation stewardship organizations; and (2) may use such amounts as are necessary to provide technical assistance. (e) Matching funds waiver Any otherwise applicable matching funds requirements, including under section 212(a)(1) of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1729(a)(1) (f) Federal coordination The head of each Federal agency for which amounts are made available under this section shall monitor and track, through an online platform that is usable by personnel across Federal agencies— (1) the expenditure of those amounts; and (2) the conservation outcomes achieved through those expenditures. (g) Priority In using amounts made available under this section, the Secretary of Agriculture or the Secretary of the Interior, as applicable, shall give priority to funding high-impact resiliency projects described in paragraphs (2)(A)(i) and (4)(C)(i)(I) of subsection (a) that maximize quantifiable environmental benefits for the least cost. 3. Outfitters and guides relief program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a holder of a special use permit that has fewer than 500 full-time equivalent employees; and (B) a small- or medium-sized ski area with a special use permit to operate a ski area of National Forest System land. (2) Fund The term Fund (3) Secretary The term Secretary (4) Special use permit The term special use permit (A) with respect to the Forest Service— (i) a special use authorization (as defined in section 251.51 of title 36, Code of Federal Regulations (or successor regulations)), for guiding or outfitting (as those terms are defined in that section (or successor regulations)); or (ii) a permit that a ski area is required to hold to operate on Federal land; (B) with respect to the National Park Service, a commercial use authorization for outfitting and guiding issued under— (i) section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) (ii) section 101925 of title 54, United States Code; (C) with respect to the National Park Service, a concession contract for outdoor recreation activities awarded under subchapter II of chapter 1019 (D) with respect to the United States Fish and Wildlife Service, a special use permit for recreational, sport fishing, or hunting outfitting and guiding; (E) with respect to the Bureau of Land Management, a special recreation permit for commercial outfitting and guiding; (F) with respect to the Bureau of Reclamation, a use authorization for guiding, outfitting, or other recreational services; (G) with respect to the Coast Guard, a license issued by the Coast Guard to operate an uninspected passenger vessel described in section 2101(51)(B) of title 46, United States Code; (H) with respect to the Corps of Engineers, a contract for recreation services; and (I) with respect to a State agency that issues recreational special use permits to recreation service providers, a special use agreement for recreational services. (b) Establishment of Fund There is established in the Treasury of the United States a fund, to be known as the Outfitters and Guides Relief Fund (c) Payments to eligible entities (1) In general The Secretary shall use amounts in the Fund to provide payments to eligible entities in accordance with this section. (2) Coordination In carrying out this section, the Secretary shall coordinate with— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, in the case of a special use permit issued by the Forest Service; (B) the Secretary of the Interior, in the case of a special use permit issued by— (i) the Department of the Interior; or (ii) a State agency described in subsection (a)(4)(I); (C) the Secretary of the department in which the Coast Guard is operating, acting though the Commandant of the Coast Guard, in the case of a special use permit issued by the Coast Guard; and (D) the Secretary of Defense, in the case of a special use permit issued by the Corps of Engineers. (d) Applications (1) In general To receive a payment under this section, not later than 18 months after the date of enactment of this Act, an eligible entity shall submit to the Secretary an application to receive a payment. (2) Limitation An eligible entity may submit applications under paragraph (1) not more frequently than once every 90 days during the 18-month period beginning on the date of enactment of this Act. (e) Payments (1) In general Subject to paragraphs (2) and (3), the amount of a payment under this section shall be an amount equal to the difference between— (A) during the period that the eligible entity was unable to provide recreational services at full capacity under a special use permit due to a State or Federal action resulting from the Coronavirus Disease 2019 (referred to in this subsection as the covered period (i) the operating and administrative expenses, including payments to independent contractors, of the eligible entity directly relating to recreational services under the special use permit, as calculated based on the average of the 3 previous years; and (ii) the payroll expenses and owner compensation of the eligible entity directly relating to recreational services under the special use permit, as calculated based on the average of the 3 previous years; and (B) the full gross revenue of the eligible entity during the covered period directly relating to recreational services under the special use permit. (2) Certain entities Subject to paragraph (3), in the case of an eligible entity that has been a holder of a special use permit for less than 3 years, the amount of a payment under this section shall be an amount equal to the lesser of— (A) the operating expenses of the eligible entity during the covered period directly relating to recreational services under the special use permit during the covered period; and (B) $30,000. (3) Limitation An eligible entity shall not receive any amount under this section that covers expenses or compensation described in paragraphs (1) and (2) for which assistance has been provided under— (A) section 7(a)(36) of the Small Business Act ( 15 U.S.C. 636(a)(36) (B) section 7(b)(2) of that Act ( 15 U.S.C. 636(b)(2) (C) section 12005 of the CARES Act ( 15 U.S.C. 1512 Public Law 116–136 (f) Duties of eligible entities (1) In general An eligible entity shall use a payment received under this section to continue business operations of the eligible entity. (2) Condition As a condition on the receipt of a payment under this section, an eligible entity shall retain not less than— (A) 70 percent of the full-time equivalent positions of the eligible entity, based on the average number of full-time equivalent positions of the eligible entity during the comparable period, as determined by the Secretary, over the 3 previous years; and (B) 60 percent of the contractor positions of the eligible entity, based on the average number of contractor positions of the eligible entity during the comparable period, as determined by the Secretary, over the 3 previous years. (g) Appropriation There is appropriated, out of amounts in the Treasury not otherwise appropriated, $2,000,000,000 to the Fund for the period of fiscal years 2021 and 2022, to remain available until expended. 4. Every Kid Outdoors program Section 9001 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 16 U.S.C. 6804 Public Law 116–9 (1) in subsection (a), by striking paragraph (5) and inserting the following: (5) Student The term student ; and (2) in subsection (b)— (A) in paragraph (2)(C), in the subparagraph heading, by striking in grade four (B) by striking paragraph (5). 5. Forest Service Legacy Roads and Trails Remediation Program Public Law 88–657 ( 16 U.S.C. 532 Forest Roads and Trails Act 8. Forest Service Legacy Roads and Trails Remediation Program (a) Establishment There is established the Forest Service Legacy Roads and Trails Remediation Program (referred to in this section as the Program (b) Administration The Program shall be administered by the Secretary, acting through the Chief of the Forest Service (referred to in this section as the Secretary (c) National strategy The Secretary shall develop a national strategy to carry out the Program in accordance with this section. (d) Activities In carrying out the Program, the Secretary shall— (1) carry out critical maintenance and urgent repairs and associated activities on National Forest System roads, trails, and bridges; (2) restore passages of fish and other aquatic species by removing or replacing unnatural barriers from those passages; (3) consider recreational access when improving water quality and habitat conditions; and (4) decommission roads in accordance with subsection (h). (e) Priority In implementing the Program, the Secretary shall give priority to projects that protect or restore— (1) water quality; (2) a watershed that supplies a public drinking water system; (3) the habitat of a threatened, endangered, or sensitive fish or wildlife species; or (4) a watershed for which the Secretary has completed a watershed protection and restoration action plan pursuant to section 304 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6543 (f) National Forest System Except with respect to a project carried out on a watershed for which the Secretary has entered into a cooperative agreement under section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 1011a (g) Identification of minimum road systems Not later than 3 years after the date of enactment of this section, the Secretary shall identify, for each unit of the National Forest System, the minimum road system and unneeded roads in accordance with section 212.5(b) of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (h) Unneeded roads The Secretary shall decommission any roads identified as unneeded under subsection (g) as soon as practicable after making the identification under that subsection. (i) Review; revision The Secretary shall review, and may revise, an identification made under subsection (g) for a unit of the National Forest System during a revision of the land and resource management plan applicable to that unit. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2021 through 2030. . 6. 21st Century Civilian Conservation Corps (a) Establishment of 21st Century Civilian Conservation Corps Title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 (1) by redesignating subtitle E ( 29 U.S.C. 3241 (2) by inserting after subtitle D the following: E 21st Century Civilian Conservation Corps 176. 21st Century Civilian Conservation Corps program (a) Definitions In this section: (1) Project partner The term project partner (2) Qualified youth or conservation corps The term qualified youth or conservation corps 16 U.S.C. 1722 (3) Qualified youth or conservation corps criteria The term qualified youth or conservation corps criteria 16 U.S.C. 1722(11) (b) Establishment The Secretary shall establish and carry out a 21st Century Civilian Conservation Corps program. The program shall be carried out using qualified youth or conservation corps criteria and through Civilian Conservation Corps projects. (c) Grants In carrying out the 21st Century Civilian Conservation Corps program, the Secretary shall make grants to eligible qualified youth or conservation corps, acting in partnership with project partners, to carry out Civilian Conservation Corps projects, in which the grant funds are used to administer comprehensive youth and workforce development programs. (d) Application (1) In general To be eligible to receive a grant under this section for a Civilian Conservation Corps project, a qualified youth or conservation corps shall submit an application to the Secretary, at such time and in such manner as the Secretary may require, that contains— (A) a description of the project, including how the project relates to goals described in subsection (e); (B) the scope of work and budget for the project; (C) the number of enrollees needed to carry out the project; (D) a description of the manner in which the qualified youth or conservation corps shall recruit, screen, and select enrollees; (E) a description of the manner in which the qualified youth or conservation corps shall recruit, train, and engage individuals from diverse backgrounds and underrepresented communities as enrollees; (F) a description of the manner in which the qualified youth or conservation corps will provide, through the project— (i) education, work experience, and work-based learning; and (ii) training, such as basic skills training, the development of job-specific occupational skills, or other training activities, designed to lead to the attainment of an industry-recognized credential, including a description of the training that leads to the credential; (G) a description of the stipend, allowance, or other benefits an enrollee in the project will receive; (H) a description of the supportive services that an enrollee in the project will receive; and (I) information specifying how the qualified youth or conservation corps will collect such information on the project and enrollees as the Secretary may require, and submit a report containing that information to the Secretary. (2) Application preference The Secretary shall give preference to entities submitting applications that describe how the project will— (A) serve communities historically impacted by underinvestment or environmental injustice; or (B) engage youth from historically disenfranchised populations. (e) Eligible use of funds A qualified youth or conservation corps may use funds distributed for each Civilian Conservation Corps project, with goals relating to conservation, outdoor recreation, or other environmental matters, for— (1) education, work experience, and workforce investment activities outlined in section 129(c)(2) related to conservation, outdoor recreation, and other environmental industries; (2) other education and training activities that focus on career development in such industries; (3) activities leading to development and completion of the project; (4) activities for data collection, management, and reporting; (5) other activities designed to lead to successful completion of the project and workforce development outcomes; (6) any administrative activities supporting the project; and (7) project monitoring activities. (f) Qualified youth or conservation corps In carrying out projects under this section, the Secretary shall— (1) consult with the National Association of Service and Conservation Corps— (A) to establish standards used to identify appropriate types of Civilian Conservation Corps projects, and activities to be provided and workforce development outcomes sought, through those projects; and (B) to establish specific performance accountability measures for evaluating Civilian Conservation Corps projects; and (2) enter into a contract or cooperative agreement with the National Association of Service and Conservation Corps to develop recommendations for the standards and measures described in paragraph (1). . (b) Conforming Amendments (1) One-stop delivery systems Section 121(b)(1)(C)(ii)(II) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3151(b)(1)(C)(ii)(II) subtitles C through E subtitles C, D, and F (2) Transition Section 503(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3343(b) (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) (c) Table of Contents The table of contents in section 1(b) of the Workforce Innovation and Opportunity Act is amended— (1) by striking the item relating to the subtitle heading for subtitle E of title I and inserting the following: Subtitle F—Administration ; and (2) by inserting after the item relating to section 172 the following: Subtitle E—21st Century Civilian Conservation Corps Sec. 176. 21st Century Civilian Conservation Corps program. . 7. Temporary waiver of ski area permit and rental fees during the COVID–19 pandemic (a) Definitions In this section: (1) Covered fee The term covered fee (A) section 701 of division I of the Omnibus Parks and Public Lands Management Act of 1996 ( 16 U.S.C. 497c (B) section 7 of the Act of April 24, 1950 (64 Stat. 84, chapter 97; 16 U.S.C. 580d (C) section 302 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1732 (D) section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) (2) Covered period The term covered period (b) Waiver of covered fees Notwithstanding the provisions of law described in subparagraphs (A) through (D) of subsection (a)(1), covered fees shall be temporarily waived and not required to be paid to the United States for the covered period, due to the COVID–19 pandemic, if the following conditions are met: (1) The applicable permit or lease was issued before March 13, 2020. (2) The applicable permit or lease is in effect on the date of enactment of this Act. (3) The applicable permit or lease holder was in good standing as of March 13, 2020. (c) Reimbursement Any covered fee paid to the United States during the covered period shall be reimbursed, as soon as practicable after the date of enactment of this Act, by the United States to the holder of the applicable permit or lease under which the covered fee was paid. 8. Temporary waiver of outdoor recreation land use permit fees (a) Definitions In this section: (1) Authorization The term authorization (2) Covered authorization The term covered authorization (A) that was awarded or issued by the Secretary concerned before March 13, 2020; (B) that is in effect on the date of enactment of this Act, including an authorization that is expired, but that, as of the date of enactment of this Act, the Secretary concerned is continuing to treat as being in effect; and (C) under which the holder was in good standing as of March 13, 2020. (3) Covered fee The term covered fee (4) Covered law The term covered law (A) the last paragraph under the heading FOREST SERVICE 16 U.S.C. 497 (B) section 7 of the Act of April 24, 1950 (64 Stat. 84, chapter 97; 16 U.S.C. 580d (C) section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) (D) subchapter II of chapter 1019 (5) Secretary concerned The term Secretary concerned (A) the Secretary of the Interior, with respect to an authorization executed by the Secretary of the Interior; and (B) the Secretary of Agriculture, with respect to an authorization executed by the Secretary of Agriculture. (b) Covered fee relief Notwithstanding any other provision of law— (1) any covered fees shall be waived and shall not be required to be paid to the Secretary concerned; and (2) any covered fees that have been paid to the Secretary concerned before the date of enactment of this Act shall, as soon as practicable after the date of enactment of this Act, be reimbursed by the Secretary concerned to the holder of the covered authorization under which the covered fee was paid. (c) Extension of term of covered authorizations (1) Extension of covered authorizations Notwithstanding any other provision of law, the Secretary concerned shall extend the term of any covered authorization by an additional 2 years. (2) Limitation Any extension under paragraph (1) shall be subject to any authority of the Secretary concerned to revoke an authorization, including for reasons based on the unsatisfactory performance of the holder of the authorization. 9. Workforce training (a) Definition of qualified youth or conservation corps In this section, the term qualified youth or conservation corps Public Law 91–378 Youth Conservation Corps Act of 1970 16 U.S.C. 1722 (b) Training The Secretaries of Agriculture, the Interior, Homeland Security, Commerce, and Labor shall collaborate with institutions of higher education, the Corps Network, the outdoor recreation business community, and public land stewardship and outdoor recreation organizations to support institutions of higher education in developing, coordinating, and carrying out nationally consistent and standardized training for all qualified youth or conservation corps participants. (c) Inclusions The training described in subsection (b) shall include— (1) the foundations of Federal public land and recreation management and stewardship; (2) principles of sustainable outdoor recreation and resource management; (3) recreation and resource management job-specific occupational skills; and (4) other basic skills training to ensure that qualified youth or conservation corps participants are— (A) prepared for their work with the qualified youth or conservation corps; and (B) prepared for careers relating to conservation, outdoor recreation, and other environmental industries after serving in the qualified youth or conservation corps. 10. Reforestation (a) Reforestation Trust Fund (1) In general Section 303 of Public Law 96–451 16 U.S.C. 1606a (A) in subsection (b)— (i) in paragraph (1), by striking Subject to the Secretary The Secretary (ii) by striking paragraph (2); and (iii) by redesignating paragraph (3) as paragraph (2); (B) in subsection (d)— (i) in the matter preceding paragraph (1)— (I) by striking the subsection designation and all that follows through The Secretary (d) Reforestation by Secretary of Agriculture The Secretary ; and (II) by striking for (ii) in paragraph (1)— (I) by inserting for reforestation (II) by striking and (iii) by redesignating paragraph (2) as paragraph (4); (iv) by inserting after paragraph (1) the following: (2) to the Chief of the Forest Service to reforest National Forest System land determined to be in need of active reforestation based on field surveys that have been conducted after sufficient time has elapsed to determine regeneration potential based on forest type, aspect, and elevation, in accordance with subsection (f), by planting the maximum reasonable number of trees according to the best available science; (3) to carry out the Reforest America Grant Program established under section 6 of the Cooperative Forestry Assistance Act of 1978; and ; and (v) in paragraph (4) (as so redesignated), by inserting for properly (C) by adding at the end the following: (e) Reforestation by Secretary of the Interior The Secretary of the Interior shall obligate such sums from the Trust Fund as are necessary to reforest land managed by the Bureau of Land Management and land managed by the Bureau of Indian Affairs determined to be in need of active reforestation based on field surveys that have been conducted after sufficient time has elapsed to determine regeneration potential based on forest type, aspect, and elevation, in accordance with subsection (f), by planting the maximum reasonable number of trees according to the best available science. (f) Reforestation (1) Definition of connectivity In this subsection, the term connectivity (2) Reforestation (A) In general Reforestation under subsections (d)(2) and (e) shall consist of ecologically based site preparation, tree planting, and subsequent management using practices that— (i) are informed by climate change science and the importance of spatial pattern; (ii) enhance forest health, resilience, and biodiversity; and (iii) reduce vulnerability to future forest mortality and catastrophic wildfire. (B) Post-wildfire reforestation In the case of reforestation under subsections (d)(2) and (e), sums available in the Trust Fund shall not be used— (i) for post-wildfire salvage logging; or (ii) in any area that has been salvage logged during the preceding 10-year period. (3) Priority In carrying out reforestation under subsections (d)(2) and (e), the Chief of the Forest Service and the Secretary of the Interior, as applicable, shall give priority to planting— (A) on land that was subject to a mortality event caused by a high intensity wildfire, pest infestation, invasive species, or drought or other extreme weather; (B) that will restore and maintain resilient landscapes; (C) on land on which the planting provides increased habitat connectivity for wildlife; and (D) that will provide the largest potential long-term increase in carbon sequestration. (g) Mandatory funding To carry out paragraphs (2) and (3) of subsection (d) and subsection (e), the Secretary of the Treasury shall transfer from the general fund of the Treasury into the Trust Fund $3,500,000,000 for fiscal year 2022 and each fiscal year thereafter, to remain available until expended. . (2) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall issue regulations necessary to carry out the amendments made by this section. (b) Reforest America Grant Program The Cooperative Forestry Assistance Act of 1978 is amended by inserting after section 5 ( 16 U.S.C. 2103a 6. Reforest America Grant Program (a) Definitions In this section: (1) Community of color The term community of color (A) not less than 50 percent; or (B) is significantly higher than the State average. (2) Eligible cost The term eligible cost (A) the cost of implementing a reforestation project, including by— (i) planning and designing the reforestation activity, including considering relevant science; (ii) establishing tree nurseries; (iii) purchasing trees; and (iv) ecologically based site preparation, including the labor and cost associated with the use of machinery; (B) the cost of maintaining and monitoring planted trees for a period of up to 3 years to ensure successful establishment of the trees; (C) with respect to reforestation in an urban area under subsection (e) in a low income community that has an existing tree canopy cover of not more than 20 percent, not more than 50 percent of the cost of the maintenance of any nearby tree canopy; and (D) any other relevant cost, as determined by the Secretary. (3) Eligible entity The term eligible entity (A) a State agency; (B) a local governmental entity; (C) an Indian Tribe; and (D) a nonprofit organization. (4) Eligible land (A) In general The term eligible land (i) land owned in fee simple by an eligible entity— (I) (aa) for which, at the time of application to the Program under subsection (c), the forest stocking level of the land is less than 25 percent of regional norms for forest properties with comparable tree species and soil characteristics; and (bb) that is in need of active reforestation due to events such as— (AA) high intensity wildfire; (BB) pest infestation; (CC) invasive species; and (DD) drought and other extreme weather; or (II) that was formerly forest land and has been abandoned or incompletely reclaimed from mining, commercial development, clearing for agriculture, or other nonforest use; and (ii) with respect to reforestation in an urban area under subsection (e), land in that urban area that is owned in fee simple by an eligible entity. (B) Exclusion The term eligible land (i) not later than 5 years before the date on which the eligible entity submits an application under subsection (c); and (ii) that resulted in a forest stocking level described in subparagraph (A)(i)(I)(aa). (5) Indian Tribe The term Indian Tribe Indian tribe 25 U.S.C. 5304 (6) Local governmental entity The term local governmental entity (7) Low income community The term low income community 42 U.S.C. 9902 (8) Nonprofit organization The term nonprofit organization (A) is described in section 170(h)(3) (B) operates in accordance with 1 or more of the purposes described in section 170(h)(4)(A) of that Code. (9) Program The term Program (10) Secretary The term Secretary (11) Urban area The term urban area urban area (b) Establishment (1) In general The Secretary shall establish a program, to be known as the Reforest America Grant Program (2) Reforestation In carrying out the Program, the Secretary shall, to the maximum extent practicable, award sufficient grants each year to plant the maximum reasonable number of trees according to the best available science. (c) Applications (1) In general An eligible entity that seeks to receive a grant under the Program shall submit an application at such time, in such form, and containing such information as the Secretary may require, including the information described in paragraph (2), to— (A) the State forester or equivalent official of the State in which the eligible entity is located; or (B) in the case of an eligible entity that is an Indian Tribe, an official of the governing body of the Indian Tribe. (2) Contents An application submitted under paragraph (1) shall include— (A) the reason that the forest stocking level of the land is less than 25 percent of regional norms for forest properties with comparable tree species and soil characteristics, if applicable; (B) the natural, economic, and environmental benefits of returning the eligible land to forested condition; (C) an estimate of the annual carbon sequestration that will be achieved by the replanted forests, using processes determined by the Secretary; (D) a reforestation plan that includes— (i) a list of expected eligible costs; (ii) a description of the site preparation and the tree species to be planted; (iii) a description of the manner in which the design of the project is informed by climate change science and will enhance forest health, resilience, and biodiversity; (iv) an explanation of the manner in which the land will be maintained for 36 months after planting to ensure successful establishment; and (v) an explanation of the manner in which the land will be managed later than 36 months after planting, including whether that management shall include a timber harvest; (E) in the case of an application for an urban reforestation project under subsection (e)— (i) a description of the manner in which the tree planting shall address disparities in local environmental quality, such as lower tree canopy cover; and (ii) a description of the anticipated community and stakeholder engagement in the project; and (F) any other relevant information required by the Secretary. (3) Applications to Secretary Each official that receives an application under paragraph (1) shall submit the application to the Secretary with a description of the application and any other relevant information that the Secretary may require. (d) Priority (1) Definition of connectivity In this subsection, the term connectivity (2) Priority In awarding grants under the Program, the Secretary shall give priority— (A) to projects that provide the largest potential increase in carbon sequestration per dollar; (B) to projects that provide increased habitat connectivity for wildlife; (C) to projects under which an eligible entity will enter into a contract or cooperative agreement with 1 or more qualified youth or conservation corps (as the term is defined in section 203 of Public Law 91–378 Youth Conservation Corps Act of 1970 16 U.S.C. 1722 (D) in the case of urban reforestation projects under subsection (e), to projects that— (i) are located in a community of color or a low-income community; (ii) are located in a neighborhood with poor local environmental quality, including lower tree canopy cover and higher maximum daytime summer temperatures; (iii) are located in a neighborhood with high amounts of senior citizens or children; (iv) are located immediately adjacent to large numbers of residents; (v) will collaboratively engage neighbors and community members that will be closely affected by the tree planting in as many aspects of project development and implementation as possible; and (vi) will employ a substantial percentage of the workforce locally, with a focus on engaging unemployed and underemployed persons in communities of color and low-income communities. (e) Urban reforestation (1) In general In carrying out the Program, the Secretary shall award sufficient grants each year to projects carried out in urban areas to plant, to the maximum extent practicable— (A) 5,000,000 trees in each of calendar years 2022 through 2024; (B) 10,000,000 trees in each of calendar years 2025 through 2028; and (C) 15,000,000 trees in calendar year 2029 and each calendar year thereafter. (2) Federal share The Secretary shall award a grant to an eligible entity under the Program to conduct a reforestation project in an urban area in an amount equal to not more than 90 percent of the cost of reforesting the eligible land, as determined by the Secretary. (3) Matching requirement As a condition of receiving a grant described in paragraph (2), an eligible entity shall provide, in cash or through in-kind contributions from non-Federal sources, matching funds in an amount equal to not less than 10 percent of the cost of reforesting the eligible land, as determined by the Secretary. (f) Prohibited conversion to nonforest use (1) In general Subject to paragraphs (2) and (3), an eligible entity that receives a grant under the Program shall not sell or convert land that was reforested under the Program to nonforest use. (2) Reimbursement of funds An eligible entity that receives a grant under this Program and sells or converts land that was reforested under the Program to nonforest use shall pay to the Federal Government an amount equal to the greater of— (A) the amount of the grant; and (B) the current appraised value of timber stocks on that land. (3) Loss of eligibility An eligible entity that receives a grant under this Program and sells or converts land that was reforested under the Program to nonforest use shall not be eligible for additional grants under the Program. (g) Costs (1) Federal share Unless otherwise provided under this section, the Secretary shall award a grant to an eligible entity under the Program in an amount equal to not more than 75 percent of the cost of reforesting the eligible land, as determined by the Secretary. (2) Matching requirement Unless otherwise provided under this section, as a condition of receiving a grant under the Program, an eligible entity shall provide, in cash or through in-kind contributions from non-Federal sources, matching funds in an amount equal to not less than 25 percent of the cost of reforesting the eligible land, as determined by the Secretary. (h) Planting survival An eligible entity that receives a grant under the Program shall— (1) not later than 36 months after planting has been completed using the grant funds, submit to the responsible State or Tribal official, as applicable, a monitoring report that describes project implementation, including the survival rate of all plantings made under the grant; and (2) if the survival rate reported in the monitoring report under paragraph (1) is, after 36 months, less than the required minimum survival rate for the geographic area in which the planting is located, as determined by a State forester or equivalent State or Tribal official, as applicable, replant tree seedlings in a quantity equivalent to half of the original planting, using comparable means to the original planting. (i) Prevailing wage requirement Any contractor or subcontractor entering into a service contract in connection with a project under the Program shall— (1) be treated as a Federal contractor or subcontractor for purposes of chapter 67 McNamara-O'Hara Service Contract Act of 1965 (2) pay each class of employee employed by the contractor or subcontractor wages and fringe benefits at rates in accordance with prevailing rates for the class in the locality, or, where a collective-bargaining agreement covers the employee, in accordance with the rates provided for in the agreement, including prospective wage increases provided for in the agreement. (j) Report The Secretary shall annually submit to the relevant committees of Congress a report that describes the activities of the Program, including the total amount of carbon sequestered by replanted forests during the year covered by the report. (k) Funding (1) In general Of the funds of the Reforestation Trust Fund established under section 303 of Public Law 96–451 16 U.S.C. 1606a (2) Administrative costs and technical assistance Of the funds used under paragraph (1), the Secretary shall allocate not more than 10 percent for each fiscal year to State foresters or equivalent officials, including equivalent officials of Indian Tribes, for administrative costs and technical assistance under the Program. . 11. Conservation Stewardship Program (a) Supplemental payments for climate stewardship practices Section 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(d) (1) in the subsection heading, by striking Rotations and Advanced Grazing Management Rotations, Advanced Grazing Management, and Climate Stewardship Practices (2) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) Climate stewardship practice The term climate stewardship practice (i) Alley cropping. (ii) Biochar incorporation. (iii) Conservation cover. (iv) Conservation crop rotation. (v) Contour buffer strips. (vi) Contour farming. (vii) Cover crops. (viii) Critical area planting. (ix) Cross wind trap strips. (x) Field borders. (xi) Filter strips. (xii) Forage and biomass planting, including the use of native prairie seed mixtures. (xiii) Forest stand improvements. (xiv) Grassed waterways. (xv) Hedgerow planting. (xvi) Herbaceous wind barriers. (xvii) Multistory cropping. (xviii) Nutrient management, including nitrogen stewardship activities. (xix) Prescribed grazing. (xx) Range planting. (xxi) Residue and tillage management with no till. (xxii) Residue and tillage management with reduced till. (xxiii) Riparian forest buffers. (xxiv) Riparian herbaceous buffers. (xxv) Silvopasture establishment. (xxvi) Stripcropping. (xxvii) Tree and shrub establishment, including planting for a high rate of carbon sequestration. (xxviii) Upland wildlife habitat. (xxix) Vegetative barriers. (xxx) Wetland restoration. (xxxi) Windbreak renovation. (xxxii) Windbreaks and shelterbelts. (xxxiii) Woody residue treatment. (xxxiv) Any other vegetative or management conservation activity that significantly— (I) reduces greenhouse gas emissions; (II) increases carbon sequestration; or (III) enhances resilience to increased weather volatility. ; (3) in paragraph (2)— (A) in subparagraph (A), by striking or (B) in subparagraph (B), by striking the period at the end and inserting ; or (C) by adding at the end the following: (C) conservation activities relating to climate stewardship practices. ; and (4) in paragraph (3), by striking rotations or advanced grazing management rotations, advanced grazing management, or conservation activities relating to climate stewardship practices (b) Payment limitations Section 1240L(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(f) fiscal years 2019 through 2023 the period of fiscal years 2019 through 2023, the period of fiscal years 2024 through 2028, or the period of fiscal years 2029 through 2033 (c) Funding Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking 2023 2030 (B) in paragraph (3)(B)— (i) in clause (ii), by striking $725,000,000 $1,725,000,000 (ii) in clause (iii), by striking $750,000,000 $2,750,000,000 (iii) in clause (iv)— (I) by striking $800,000,000 $3,800,000,000 (II) by striking and (iv) in clause (v)— (I) by striking $1,000,000,000 $5,000,000,000 (II) by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following: (vi) $6,000,000,000 for fiscal year 2024; and (vii) $7,000,000,000 for each of fiscal years 2025 through 2030. ; (2) in subsection (b), by striking 2023 2030 (3) by adding at the end the following: (k) Funding for climate stewardship practices Of the funds made available under subsection (a)(3)(B), the Secretary shall set aside the following amounts to be used exclusively to enroll in the conservation stewardship program contracts comprised predominantly of conservation activities relating to climate stewardship practices (as defined in section 1240L(d)(1)) or bundles of practices comprised predominantly of conservation activities relating to climate stewardship practices (as so defined): (1) $1,000,000,000 for fiscal year 2021. (2) $2,000,000,000 for fiscal year 2022. (3) $3,000,000,000 for fiscal year 2023. (4) $4,000,000,000 for fiscal year 2024. (5) $5,000,000,000 for each of fiscal years 2025 through 2030. . 12. Emergency designation (a) In general The amounts provided by this Act and the amendments made by this Act are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) (b) Designation in Senate In the Senate, this Act and the amendments made by this Act are designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.
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21st Century Conservation Corps Act
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Tule River Tribe Reserved Water Rights Settlement Act of 2022 This bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the Tule River Indian Tribe of the Tule River Reservation, the South Tule Independent Ditch Company, and the Tule River Association, thus satisfying claims to water rights in California. Additionally, the bill establishes and provides funding for a settlement trust fund.
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117 S4870 IS: Tule River Tribe Reserved Water Rights Settlement Act of 2022 U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4870 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Padilla Mrs. Feinstein Committee on Indian Affairs A BILL To approve the settlement of the water right claims of the Tule River Tribe, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Tule River Tribe Reserved Water Rights Settlement Act of 2022 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Ratification of 2007 Agreement. Sec. 5. Tribal Water Right. Sec. 6. Tule River Tribe trust accounts. Sec. 7. Funding. Sec. 8. Transfer of land into trust. Sec. 9. Satisfaction of claims. Sec. 10. Waivers and releases of claims. Sec. 11. Enforceability Date. Sec. 12. Binding effect; judicial approval; enforceability. Sec. 13. Miscellaneous provisions. Sec. 14. Antideficiency. 2. Purposes The purposes of this Act are— (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of California for— (A) the Tule River Tribe; and (B) the United States, acting as trustee for the Tribe; (2) to authorize, ratify, and confirm the 2007 Agreement entered by the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, to the extent that the 2007 Agreement is consistent with this Act; (3) to authorize and direct the Secretary— (A) to execute the 2007 Agreement; and (B) to take any other actions necessary to carry out the 2007 Agreement in accordance with this Act; (4) to authorize funds necessary for the implementation of the 2007 Agreement and this Act; and (5) to authorize the transfer of certain lands to the Tribe, to be held in trust. 3. Definitions In this Act: (1) 2007 Agreement The term 2007 Agreement (A) the agreement dated November 21, 2007, as amended on April 22, 2009, between the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, and exhibits A–F attached thereto; and (B) any amendment to the Agreement referred to in subparagraph (A) (including an amendment to any exhibit) that is executed to ensure that the 2007 Agreement is consistent with this Act. (2) Court The term Court (3) Divert; diversion The terms divert diversion (4) Downstream water users The term Downstream Water Users (A) the Tule River Association and its successors and assigns; (B) the South Tule Independent Ditch Company and its successors and assigns; and (C) any and all other holders of water rights in the South Fork Tule River Basin. (5) Enforceability date The term Enforceability Date (6) OM&R (A) In general The term OM&R (B) Inclusions The term OM&R (i) any recurring or ongoing activity relating to the day-to-day operation of a project; (ii) any activity relating to scheduled or unscheduled maintenance of a project; and (iii) any activity relating to repairing or replacing a feature of a project. (7) Reservation; Tule River Reservation The terms Reservation Tule River Reservation (8) Secretary The term Secretary (9) South Tule Independent Ditch Company The term South Tule Independent Ditch Company (10) Tribal Water Right The term Tribal Water Right (11) Tribe The term Tribe (12) Trust Fund The term Trust Fund (13) Tule River Association (A) In general The term Tule River Association (B) Inclusions The term Tule River Association (14) Water development project The term Water Development Project 4. Ratification of 2007 Agreement (a) Ratification (1) In general Except as modified by this Act and to the extent that the 2007 Agreement does not conflict with this Act, the 2007 Agreement is authorized, ratified, and confirmed. (2) Amendments If an amendment to the 2007 Agreement, or to any exhibit attached to the 2007 Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the 2007 Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed. (b) Execution (1) In general To the extent the 2007 Agreement does not conflict with this Act, the Secretary shall execute the 2007 Agreement, including all exhibits to, or parts of, the 2007 Agreement requiring the signature of the Secretary. (2) Modifications Nothing in this Act prohibits the Secretary, after execution of the 2007 Agreement, from approving any modification to the 2007 Agreement, including any exhibit to the 2007 Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 (c) Environmental compliance (1) In general In implementing the 2007 Agreement and this Act, the Secretary shall comply with all applicable provisions of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) other applicable Federal environmental laws and regulations. (2) Compliance (A) In general In implementing the 2007 Agreement and this Act, the Tribe shall prepare any necessary environmental documents, consistent with all applicable provisions of— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations The Secretary shall— (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution The execution of the 2007 Agreement by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (4) Costs Any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. 5. Tribal Water Right (a) Confirmation of Tribal Water Right (1) In general The Tribal Water Right is ratified, confirmed, and declared valid. (2) Quantification The Tribal Water Right includes the right to divert and use or permit the diversion and use of up to 5,828 acre-feet per year of surface water from the South Fork Tule River, as described in the 2007 Agreement and as confirmed in the decree entered by the Court pursuant to subsections (b) and (c) of section 12. (3) Use Any diversion, use, and place of use of the Tribal Water Right shall be subject to the terms and conditions of the 2007 Agreement and this Act. (b) Trust status of Tribal Water Right The Tribal Water Right— (1) shall be held in trust by the United States for the use and benefit of the Tribe in accordance with this Act; and (2) shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (c) Authority of the Tule River Tribe (1) In general The Tule River Tribe shall have the authority to allocate and distribute the Tribal Water Right for use on the Reservation in accordance with the 2007 Agreement, this Act, and applicable Federal law. (d) Administration (1) No alienation The Tribe shall not permanently alienate any portion of the Tribal Water Right. (2) Purchases or grants of land from indians An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes ( 25 U.S.C. 177 (3) Prohibition on forfeiture The non-use of all or any portion of the Tribal Water Right by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal Water Right. 6. Tule River Tribe trust accounts (a) Establishment The Secretary shall establish a trust fund, to be known as the Tule River Indian Tribe Settlement Trust Fund (b) Accounts The Secretary shall establish in the Trust Fund the following Accounts: (1) The Tule River Tribe Water Development Projects Account. (2) The Tule River Tribe OM&R Account. (c) Deposits The Secretary shall deposit— (1) in the Tule River Tribe Water Development Projects Account established under subsection (b)(1), the amounts made available pursuant to section 7(a)(1); and (2) in the Tule River Tribe OM&R Account established under subsection (b)(2), the amounts made available pursuant to section 7(a)(2). (d) Management and interest (1) Management On receipt and deposit of funds into the accounts in the Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (C) this section. (2) Investment earnings In addition to the deposits under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be used in accordance with subsections (e) and (h). (e) Availability of amounts Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, shall be made available to the Tribe by the Secretary beginning on the Enforceability Date and subject to the requirements set forth in this section. (f) Withdrawals (1) Withdrawals under the American Indian Trust Fund Management Reform Act of 1994 (A) In general The Tribe may withdraw any portion of the amounts in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (B) Requirements In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (C) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by the Tribe from the Trust Fund under this paragraph are used in accordance with this Act. (2) Withdrawals under expenditure plan (A) In general The Tribe may submit to the Secretary a request to withdraw amounts from the Trust Fund pursuant to an approved expenditure plan. (B) Requirements To be eligible to withdraw amounts under an expenditure plan under this paragraph, the Tribe shall submit to the Secretary an expenditure plan for any portion of the Trust Fund that the Tribe elects to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act. (C) Inclusions An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Tribe in accordance with subsections (e) and (h). (D) Approval The Secretary shall approve an expenditure plan submitted under this paragraph if the Secretary determines that the plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this Act. (E) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this Act. (g) Effect of section Nothing in this section gives the Tribe the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2) except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (h) Uses Amounts from the Trust Fund may only be used by the Tribe for the following purposes: (1) The Tule River Tribe Water Development Projects Account may only be used to plan, design, and construct Water Development Projects on the Tule River Reservation, and for the conduct of related activities, including for environmental compliance in the development and construction of projects under this Act. (2) The Tule River Tribe OM&R Account may only be used for the OM&R of Water Development Projects. (i) Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribe under paragraphs (1) and (2) of subsection (f). (j) Title to infrastructure Title to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in the Tribe. (k) Operation, maintenance, & replacement All OM&R costs of any project constructed using funds from the Trust Fund shall be the responsibility of the Tribe. (l) No per capita distributions No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe. (m) Expenditure report The Tule River Tribe shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under this Act. 7. Funding (a) Funding Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Tule River Tribe Water Development Projects Account $518,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Tule River Tribe OM&R Account $50,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury. (b) Fluctuation in costs (1) In general The amounts authorized to be appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after November 1, 2020, as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend. (2) Construction costs adjustment The amounts authorized to be appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (4) Period of indexing The period of indexing adjustment under this subsection for any increment of funding shall end on the date on which the funds are deposited into the Trust Fund. 8. Transfer of land into trust (a) Transfer of land to trust (1) In general Subject to valid existing rights, and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held in trust by the United States for the benefit of the Tribe as part of the Reservation upon the Enforceability Date, provided that the Tribal fee land described in paragraph (2)(C)— (A) is free from any liens, encumbrances, or other infirmities; and (B) has no existing evidence of any hazardous substances or other environmental liability. (2) Lands to be held in trust The land referred to in paragraph (1) is the following: (A) Bureau of Land Management lands (i) Approximately 26.15 acres of land located in T. 22 S., R. 29 E., sec. 35, Lot 9. (ii) Approximately 85.50 acres of land located in T. 22 S., R. 29 E., sec. 35, Lots 6 and 7. (iii) Approximately 38.77 acres of land located in— (I) T. 22 S., R. 30 E., sec. 30, Lot 1; and (II) T. 22 S., R. 30 E., sec. 31, Lots 6 and 7. (iv) Approximately 154.9 acres of land located in T. 22 S., R. 30 E., sec. 34, N 1/4 1/4 1/4 1/4 (v) Approximately 40.00 acres of land located in T. 22 S., R. 30 E., sec. 34, NE 1/4 1/4 (vi) Approximately 375.17 acres of land located in— (I) T. 22 S., R. 30 E., sec. 35, S 1/2 1/4 1/2 1/4 1/4 1/4 (II) T. 23 S., R. 30 E., sec. 2, S 1/2 1/4 (vii) Approximately 60.43 acres of land located in— (I) T. 22 S., R. 30 E., sec. 35, SW 1/4 1/4 (II) T. 23 S., R. 30 E., sec. 2, Lot 9. (viii) Approximately 15.48 acres of land located in T. 21 S., R. 30 E., sec. 31 in that portion of the NW 1/4 (ix) Approximately 29.26 acres of land located in T. 21 S., R. 30 E., sec. 31, Lot 7. (B) Forest Service lands Approximately 9,037 acres of land comprising the headwaters area of the South Fork Tule River watershed located east of and adjacent to the Tule River Indian Reservation, and more particularly described as follows: (i) Commencing at the northeast corner of the Tule River Indian Reservation in T. 21 S., R. 31 E., sec. 16, Mount Diablo Base and Meridian, running thence east and then southeast along the ridge of mountains dividing the waters of the South Fork of the Tule River and Middle Fork of the Tule River, continuing south and then southwest along the ridge of mountains dividing the waters of the South Fork of the Tule River and the Upper Kern River until intersecting with the southeast corner of the Tule River Indian Reservation in T. 22 S., R. 31 E., sec. 28, thence from such point north along the eastern boundary of the Tule River Indian Reservation to the place of beginning. (ii) The area encompasses— (I) all of secs. 22, 23, 26, 27, 34, 35, and portions of secs. 13, 14, 15, 16, 21, 24, 25, 28, 33, and 36, in T. 21 S., R. 31 E.; and (II) all of secs. 3 and 10, and portions of secs. 1, 2, 4, 9, 11, 14, 15, 16, 21, 22, 27, and 28, in T. 22 S., R. 31 E. (C) Tribally owned fee lands (i) Approximately 300 acres of land known as the McCarthy Ranch and more particularly described as follows: (I) The SW 1/4 1/4 (II) An easement over and across that portion of the SW 1/4 (aa) Beginning at the intersection of the west line of the SW 1/4 (AA) maintaining thereon an irrigation ditch between the headgate of the King Ditch situated on such land and the SW 1/4 1/4 (BB) conveying therethrough water from the South Fork of the Tule River to the SW 1/4 1/4 (bb) The easement described in item (aa) shall follow the existing route of the King Ditch. (ii) Approximately 640 acres of land known as the Pierson/Diaz property in T. 22 S., R. 29 E., sec. 16, Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iii) Approximately 375.44 acres of land known as the Hyder property and more particularly described as follows: (I) That portion of the S 1/2 (II) The NW 1/4 (III) The south 1200 feet of the NW 1/4 (iv) Approximately 157.22 acres of land situated in the unincorporated area of the County of Tulare, State of California, known as the Trailor property, and more particularly described as follows: The SW 1/4 (v) Approximately 89.45 acres of land known as the Tomato Patch in that portion of the SE 1/4 1/4 1/4 1/4 (I) a strip of land 25 feet in width along the northerly and east sides and used as a County Road; and (II) an undivided one-half interest in all oil, gas, and minerals in and under such lands, as reserved in the Deed from Bank of America, a corporation, dated August 14, 1935, filed for record August 28, 1935, Fee Book 11904. (vi) Approximately 160 acres of land known as the Smith Mill in the NW 1/4 1/4 1/2 1/4 1/4 1/4 (vii) Approximately 35 acres of land located within the exterior boundaries of the Tule River Reservation known as the Highway 190 parcel, with the legal description as follows: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, Sate of California, according to the official plat thereof, and more particularly described as follows: Commencing at a point in the south line of the N 1/2 1/2 1/2 (viii) Approximately 61.91 acres of land located within the exterior boundaries of the Tule River Reservation known as the Shan King property, with the legal description as follows: (I) Parcel 1: Parcel No. 1 of parcel map no. 4028 in the County of Tulare, State of California, as per the map recorded in Book 41, page 32 of Tulare County Records. (II) (aa) Parcel 2: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, State of California, described as follows: Commencing at a point in the south line of the N 1/2 1/2 1/2 (bb) The property described in item (aa) is subject to a 100 foot minimum building setback from the right-of-way of Highway 190. (III) Parcel 3: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, County of Tulare, State of California, described as follows: Beginning at a point in the south line of the N 1/2 1/2 1/2 3/4 (ix) Approximately 18.44 acres of land located within the exterior boundaries of the Tule River Reservation known as the Parking Lot 4 parcel with the legal description as follows: That portion of the land described in that Grant Deed to Tule River Indian Tribe, recorded June 1, 2010, as document number 2010–0032879, Tulare County Official Records, lying within the following described parcel: beginning at a point on the east line of the NW 1/4 1/4 1/4 1/4 1/4 (b) Terms and conditions (1) Existing authorizations Any Federal land transferred under this section shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The Bureau of Indian Affairs shall assume all benefits and obligations of the previous land management agency under such existing rights, contracts, leases, permits, or rights-of-way, and shall disburse to the Tribe any amounts that accrue to the United States from such rights, contracts, leases, permits, or rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Tribe. (2) Improvements Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on lands transferred under this section shall remain the property of the holder and shall be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Tribe and the holder agree otherwise. Any such property remaining beyond the 90-day period shall become the property of the Tribe and shall be subject to removal and disposition at the Tribe’s discretion. The holder shall be liable for the costs the Tribe incurs in removing and disposing of the property. (c) Withdrawal of Federal lands (1) In general Subject to valid existing rights, effective on the date of enactment of this Act, all Federal lands within the parcels described in subsection (a)(2) are withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Expiration The withdrawals pursuant to paragraph (1) shall terminate on the date that the Secretary takes the lands into trust for the benefit of the Tribe pursuant to subsection (a)(1). (d) Technical corrections Notwithstanding the descriptions of the parcels of land in subsection (a)(2), the United States may, with the consent of the Tribe, make technical corrections to the legal land descriptions to more specifically identify the parcels to be exchanged. (e) Survey (1) Unless the United States or the Tribe requests an additional survey for the transferred land or a technical correction is made under subsection (d), the description of land under this section shall be controlling. (2) If the United States or the Tribe requests an additional survey, that survey shall control the total acreage to be transferred into trust under this section. (3) The Secretary or the Secretary of Agriculture shall provide such assistance as may be appropriate— (A) to conduct additional surveys of the transferred land; and (B) to satisfy administrative requirements necessary to accomplish the land transfers under this section. (f) Date of transfer The Secretary shall issue trust deeds for all land transfers under this section by not later than 10 years after the Enforceability Date. (g) Restriction on gaming Lands taken into trust pursuant to this section shall not be considered to have been taken into trust for, nor eligible for, class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 (h) Status of water rights on transferred lands Any water rights associated with lands transferred pursuant to subparagraphs (A) through (C) of subsection (a)(2) shall be held in trust for the Tribe but shall not be included in the Tribal Water Right. 9. Satisfaction of claims The benefits provided under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Tribe against the United States that is waived and released by the Tribe under section 10(a). 10. Waivers and releases of claims (a) In general (1) Waivers and releases of claims by the Tribe and the United States as trustee for the Tribe Subject to the reservation of rights and retention of claims set forth in subsection (c), as consideration for recognition of the Tribe’s Tribal Water Right and other benefits described in the 2007 Agreement and this Act, the Tribe and the United States, acting as trustee for the Tribe, shall execute a waiver and release of all claims for the following: (A) All claims for water rights within the State of California based on any and all legal theories that the Tribe or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the 2007 Agreement and this Act. (B) All claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within California against the State, or any person, entity, corporation, or municipality, that accrued at any time up to and including the Enforceability Date. (2) Waiver and release of claims by the Tribe against the United States Subject to the reservation of rights and retention of claims under subsection (c), the Tribe shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the State of California first arising before the Enforceability Date relating to— (A) water rights within the State of California that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, except to the extent that such rights are recognized as part of the Tribal Water Right under this Act; (B) foregone benefits from nontribal use of water, on and off the Reservation (including water from all sources and for all uses); (C) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights, due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State of California; (D) a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; (E) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on the Reservation and other Federal land and facilities (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat); (F) failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project; (G) failure to provide a dam safety improvement to a dam on the Reservation; (H) the litigation of claims relating to any water rights of the Tribe within the State of California; (I) the negotiation, execution, or adoption of the 2007 Agreement (including exhibits A–F) and this Act; (J) the negotiation, execution, or adoption of operational rules referred to in Article 3.4 of the 2007 Agreement in connection with any reservoir locations, including any claims related to the resolution of operational rules pursuant to the dispute resolution processes set forth in the Article 8 of the 2007 Agreement, including claims arising after the Enforceability Date; and (K) claims related to the creation or reduction of the Reservation, including any claims relating to the failure to ratify any treaties and any claims that any particular lands were intended to be set aside as a permanent homeland for the Tribe but were not included as part of the present Reservation. (b) Effectiveness The waivers and releases under subsection (a) shall take effect on the Enforceability Date. (c) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsection (a), the Tribe and the United States, acting as trustee for the Tribe, shall retain— (1) all claims relating to the enforcement of, or claims accruing after the Enforceability Date relating to water rights recognized under the 2007 Agreement, any final court decree entered in the Federal District Court for the Eastern District of California, or this Act; (2) all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; (3) claims regarding the quality of water under— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. Clean Water Act (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (4) all claims for damage, loss, or injury to land or natural resources that are not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; and (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the 2007 Agreement. (d) Effect of 2007 Agreement and Act Nothing in the 2007 Agreement or this Act— (1) affects the authority of the Tribe to enforce the laws of the Tribe, including with respect to environmental protections or reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; (2) affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (D) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (E) any regulations implementing the Acts described in subparagraphs (A) through (D); (3) affects the ability of the United States to act as trustee for any other Indian Tribe or an allotee of any other Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Tribal law; or (5) waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe. (e) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. (2) Effect of subsection Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. (f) Expiration (1) In general This Act shall expire in any case in which the Secretary fails to publish a statement of findings under section 11 by not later than— (A) 8 years from the date of enactment of this Act; or (B) such alternative later date as is agreed to by the Tribe and the Secretary, after providing reasonable notice to the State of California. (2) Consequences If this Act expires under paragraph (1)— (A) the waivers and releases under subsection (a) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the 2007 Agreement under section 4 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into pursuant to this Act, shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State of California asserted by— (aa) the Tribe; or (bb) any user of the Tribal Water Right; or (II) any other matter covered by subsection (a)(2); or (ii) in any future settlement of water rights of the Tribe. 11. Enforceability Date The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) to the extent that the 2007 Agreement conflicts with the Act, the 2007 Agreement has been amended to conform with this Act; (2) the 2007 Agreement, so revised, includes waivers and releases of claims set forth in section 10 and has been executed by the parties, including the United States; (3) a final judgment and decree approving the 2007 Agreement and binding all parties to the action has been entered by the Court, and all appeals have been exhausted; (4) all of the amounts authorized to be appropriated under section 7(a) have been appropriated and deposited in the designated accounts; and (5) the waivers and releases under section 10(a) have been executed by the Tribe and the Secretary. 12. Binding effect; judicial approval; enforceability (a) In general Not later than 180 days after the Secretary has executed the 2007 Agreement, the Attorney General of the United States shall file suit in the Court requesting the entry of a final judgement and decree approving the Tribal Water Right and the 2007 Agreement. The Tribe and the Downstream Water Users shall be named as parties to the suit. (b) Judicial approval The Court shall have exclusive jurisdiction to review and determine whether to approve the 2007 Agreement, and over any cause of action initiated by any party to the 2007 Agreement arising from a dispute over the interpretation of the Agreement or this legislation, and any cause of action initiated by any party to the 2007 Agreement for the enforcement of Agreement. (c) Operation rules The Court shall have jurisdiction over any cause of action initiated by any party to the 2007 Agreement arising from the failure of the parties to reach agreement on operation rules for any reservoir and shall establish a procedure under which a mediator is appointed by the Court to assist the parties in resolving issues regarding operation rules for any reservoir. If the Court appointed mediation does not, after a reasonable amount of time as determined by the Court, result in an agreed set of reservoir operation rules, the Court shall determine which set of reservoir operation rules shall govern operation of the reservoir by determining which of the proffered set of operation rules, if implemented, would be the most effective by meeting the criteria set forth in section 8.2.B(3)(a) of the 2007 Agreement. Once the Court selects operation rules pursuant to the standard set forth above, such rules shall thereafter control and shall be implemented by the parties pursuant to the terms directed by the Court. 13. Miscellaneous provisions (a) Waiver of sovereign immunity by the United States Nothing in this Act waives the sovereign immunity of the United States. (b) Other Tribes not adversely affected Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Tribe. (c) Effect on current law Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (d) Conflict In the event of a conflict between the 2007 Agreement and this Act, this Act shall control. 14. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act, including any obligation or activity under the 2007 Agreement if adequate appropriations are not provided by Congress expressly to carry out the purposes of this Act.
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Tule River Tribe Reserved Water Rights Settlement Act of 2022
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988 Coordination and Improvement Act This bill supports efforts related to behavioral health crisis care, with a particular focus on the 9-8-8 Suicide and Crisis Lifeline (a three-digit number that connects callers in suicidal crisis or mental health distress to a national network of crisis centers).
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116 S4871 IS: 988 Coordination and Improvement Act U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4871 IN THE SENATE OF THE UNITED STATES September 15, 2022 Ms. Baldwin Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To establish an office to coordinate work relating to behavioral health crisis care and to improve the National Suicide Prevention Lifeline program, and for other purposes. 1. Short title This Act may be cited as the 988 Coordination and Improvement Act 2. Behavioral Health Crisis Coordinating Office Part A of title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. 506B. Behavioral Health Crisis Coordinating Office (a) In general The Secretary shall establish, within the Substance Abuse and Mental Health Services Administration, an office to coordinate work relating to behavioral health crisis care across the operating divisions and agencies of the Department of Health and Human Services, including the Substance Abuse and Mental Health Services Administration, the Centers for Medicare & Medicaid Services, and the Health Resources and Services Administration, and other Federal Government and external stakeholders. (b) Duty The office established under subsection (a) shall— (1) convene Federal, State, Tribal, local, and private partners; (2) launch and manage Federal workgroups charged with making recommendations regarding behavioral health crisis issues, including with respect to health care best practices, workforce development, mental health disparities, data collection, technology, geolocation and call routing, program oversight, public education, and engagement; and (3) support technical assistance, data analysis, and evaluation functions in order to assist States, local governmental entities, territories, Indian Tribes, and Tribal communities in developing crisis care systems and establish nationwide best practices with the objective of expanding the capacity of, and access to, local 988 Suicide and Crisis Lifeline call centers, mobile crisis care, crisis stabilization, psychiatric emergency services, rapid post-crisis follow-up care, and essential community services provided by— (A) the National Suicide Prevention and Mental Health Crisis Hotline and Response System; (B) the Veterans Crisis Line; (C) community mental health centers (as defined in section 1861(ff)(3)(B) of the Social Security Act); (D) Federally qualified health centers (as defined in section 1861(aa) of the Social Security Act); (E) certified community behavioral health clinics, as described in section 223 of the Protecting Access to Medicare Act of 2014; and (F) other community mental health, substance use disorder, and essential community service providers, as determined by the Secretary. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2027. . 3. National Suicide Prevention Lifeline program access to specialized services Section 520E–3 of the Public Health Service Act (290bb–36c) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) by inserting after suicide prevention hotline , under the universal telephone number designated under section 251(e)(4) of the Communications Act of 1934, (ii) by striking ; and (B) in paragraph (3), by striking the period at the end and inserting ; and (C) by adding at the end the following: (4) supporting access by high-risk populations, including LGBTQ+ youth and other members of the LGBTQ+ community, American Indian and Alaska Natives, individuals who reside in rural counties, veterans, racial and ethnic minorities, and other high-risk populations, to specialized services through the program, in accordance with subsection (c) and as determined by the Office of the Assistant Secretary. ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Access to specialized services (1) Consultation Wherever possible, the Office of the Assistant Secretary shall, in determining which approaches to use to support access to specialized services under subsection (b)(4) to the populations described in such subsection, consult with organizations that have— (A) experience working with such populations; or (B) technological expertise in effective crisis response using such digital and technology approaches. (2) Examples of specialized services Efforts to support access to specialized services under subsection (b)(4) may include— (A) updates and development of training resources that can help crisis counselors better address the needs of high-risk populations; (B) adapting the program network center membership processes to incorporate organizations providing specialized services for high-risk populations; (C) designing and implementing transfer processes; (D) providing additional technical assistance to centers participating in the program to ensure compliance with the training expectations in working with high-risk populations; and (E) the use of digital and technology approaches to improve access for high risk populations. . 4. Department of Health and Human Services report (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress assessing the progress of the Department of Health and Human Services in implementation of the 9–8–8 dialing code for the 988 Suicide and Crisis Lifeline operated pursuant to the program under section 520E–3 of the Public Health Service Act ( 42 U.S.C. 290bb–36c (b) Content The report required under subsection (a) shall include— (1) an assessment of the performance of the 988 Suicide and Crisis Lifeline and any partner organizations of the Lifeline; (2) an update on efforts to provide specialized resources to high-risk populations, including LGBTQ+ youth and other members of the LGBTQ+ community, American Indian and Alaska Natives, individuals who reside in rural counties, veterans, racial and ethnic minorities, and other high-risk populations; (3) State and regional variation with respect to access to crisis call centers, including average speed to answer, answer rates, hours of operation, and funding sources; (4) the capacity of the 988 Suicide and Crisis Lifeline to handle texts and chats; (5) any needed programmatic or technological enhancements to connect callers to local services; and (6) obstacles identified by States, political subdivisions of States, Indian Tribes, or villages or regional corporations serving a region established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. Public Law 116–172
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988 Coordination and Improvement Act
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Strategy and Investment in Rural Housing Preservation Act of 2022 This bill provides assistance to rural, multifamily rental-housing projects and tenants. Specifically, the bill provides statutory authority for a Department of Agriculture (USDA) program that supports the preservation and revitalization of affordable housing projects that are financed with USDA loans. Further, the bill makes changes to certain USDA rental assistance programs including by authorizing the USDA to provide rural housing vouchers for low-income households (including those not receiving rental assistance) residing in certain properties financed with or insured by USDA loans. The USDA must also report on preserving the affordability of rental projects financed by USDA loans for low-income families.
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117 S4872 IS: Strategy and Investment in Rural Housing Preservation Act of 2022 U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4872 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mrs. Shaheen Ms. Smith Committee on Banking, Housing, and Urban Affairs A BILL To establish a permanent rural housing preservation and revitalization program, and for other purposes. 1. Short title This Act may be cited as the Strategy and Investment in Rural Housing Preservation Act of 2022 2. Permanent establishment of housing preservation and revitalization program Title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. 545. Housing preservation and revitalization program (a) Establishment The Secretary shall carry out a program under this section for the preservation and revitalization of multifamily rental housing projects financed under section 515 or both sections 514 and 516. (b) Notice of maturing loans (1) To owners On an annual basis, the Secretary shall provide written notice to each owner of a property financed under section 515 or both sections 514 and 516 that will mature within the 4-year period beginning upon the provision of the notice, setting forth the options and financial incentives that are available to facilitate the extension of the loan term or the option to decouple a rental assistance contract pursuant to subsection (f). (2) To tenants (A) In general For each property financed under section 515 or both sections 514 and 516, not later than the date that is 2 years before the date that the loan will mature, the Secretary shall provide written notice to each household residing in the property that informs them of the date of the loan maturity, the possible actions that may happen with respect to the property upon that maturity, and how to protect their right to reside in federally assisted housing after that maturity. (B) Language Notice under this paragraph shall be provided in plain English and shall be translated to other languages in the case of any property located in an area in which a significant number of residents speak such other languages. (c) Loan restructuring Under the program under this section, in any circumstance in which the Secretary proposes a restructuring to an owner or an owner proposes a restructuring to the Secretary, the Secretary may restructure such existing housing loans, as the Secretary considers appropriate, for the purpose of ensuring that those projects have sufficient resources to preserve the projects to provide safe and affordable housing for low-income residents and farm laborers, by— (1) reducing or eliminating interest; (2) deferring loan payments; (3) subordinating, reducing, or reamortizing loan debt; and (4) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary. (d) Renewal of rental assistance (1) In general When the Secretary proposes to restructure a loan or agrees to the proposal of an owner to restructure a loan pursuant to subsection (c), the Secretary shall offer to renew the rental assistance contract under section 521(a)(2) for a 20-year term that is subject to annual appropriations, provided that the owner agrees to bring the property up to such standards that will ensure maintenance of the property as decent, safe, and sanitary housing for the full term of the rental assistance contract. (2) Additional rental assistance With respect to a project described in paragraph (1), if rental assistance is not available for all households in the project for which the loan is being restructured pursuant to subsection (c), the Secretary may extend such additional rental assistance to unassisted households at that project as is necessary to make the project safe and affordable to low-income households. (e) Restrictive use agreements (1) Requirement As part of the preservation and revitalization agreement for a project, the Secretary shall obtain a restrictive use agreement that obligates the owner to operate the project in accordance with this title. (2) Term (A) No extension of rental assistance contract Except when the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be consistent with the term of the restructured loan for the project. (B) Extension of rental assistance contract If the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be for 20 years. (C) Termination The Secretary may terminate the 20-year use restrictive use agreement for a project before the end of the term of the agreement if the 20-year rental assistance contract for the project with the owner is terminated at any time for reasons outside the control of the owner. (f) Decoupling of rental assistance (1) Renewal of rental assistance contract If the Secretary determines that a maturing loan for a project cannot reasonably be restructured in accordance with subsection (c) because it is not financially feasible or the owner does not agree with the proposed restructuring, and the project was operating with rental assistance under section 521, the Secretary may renew the rental assistance contract, notwithstanding any provision of section 521, for a term, subject to annual appropriations, of not less than 10 years but not more than 20 years. (2) Additional rental assistance With respect to a project described in paragraph (1), if rental assistance is not available for all households in the project for which the loan is being restructured pursuant to subsection (c), the Secretary may extend such additional rental assistance to unassisted households at that project as is necessary to make the project safe and affordable to low-income households. (3) Rents Any agreement to extend the term of the rental assistance contract under section 521 for a project shall obligate the owner to continue to maintain the project as decent, safe and sanitary housing and to operate the development in accordance with this title, except that rents shall be based on the lesser of— (A) the budget-based needs of the project; or (B) the operating cost adjustment factor as a payment standard as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437 (4) Conditions for approval (A) Plan Before the approval of a rental assistance contract authorized under this section, the Secretary shall require the owner to submit to the Secretary a plan that identifies financing sources and a timetable for renovations and improvements determined to be necessary by the Secretary to maintain and preserve the project. (B) Automatic approval If a plan submitted under subparagraph (A) is not acted upon by the Secretary within 30 days of the submission, the rental assistance contract is automatically approved for not more than a 1-year period. (g) Multifamily housing transfer technical assistance Under the program under this section, the Secretary may provide grants to qualified nonprofit organizations and public housing agencies to provide technical assistance, including financial and legal services, to borrowers under loans under this title for multifamily housing to facilitate the acquisition of such multifamily housing properties in areas where the Secretary determines there is a risk of loss of affordable housing. (h) Transfer of rental assistance After the loan or loans for a rental project originally financed under section 515 or both sections 514 and 516 have matured or have been prepaid and the owner has chosen not to restructure the loan pursuant to subsection (c)— (1) a tenant residing in the project shall have 18 months before loan maturation or prepayment to transfer the rental assistance assigned to the unit of the tenant to another rental project originally financed under section 515 or both sections 514 and 516, and such tenants will have priority for admission over other applicants; and (2) the owner of the initial project may rent the previous unit of the tenant to a new tenant without income restrictions. (i) Administrative expenses Of any amounts made available for the program under this section for any fiscal year, the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program. (j) Authorization of appropriations There is authorized to be appropriated for the program under this section $200,000,000 for each of fiscal years 2023 through 2027. (k) Rulemaking (1) In general Not later than 180 days after the date of enactment of the Strategy and Investment in Rural Housing Preservation Act of 2022 (A) publish an advance notice of proposed rulemaking; and (B) consult with appropriate stakeholders. (2) Interim final rule Not later than 1 year after the date of enactment of the Strategy and Investment in Rural Housing Preservation Act of 2022 . 3. Eligibility for rural housing vouchers Section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r (c) Eligibility of households in sections 514, 515, and 516 projects (1) In general The Secretary may provide rural housing vouchers under this section for any low-income household (including those not receiving rental assistance) residing— (A) for a term longer than the remaining term of their lease in effect just prior to prepayment, in a property financed with a loan made or insured under section 514 or 515 that has— (i) been prepaid without restrictions imposed by the Secretary pursuant to section 502(c)(5)(G)(ii)(I); (ii) been foreclosed; or (iii) matured after September 30, 2005; or (B) in a property assisted under section 514 or 516. (2) Priority The Secretary shall prioritize the provision of rental housing vouchers under this section for projects owned by nonprofit organizations and their affiliates or public agencies. . 4. Amount of voucher assistance Notwithstanding any other provision of law, in the case of any rural housing voucher provided pursuant to section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r 5. Rental assistance contract authority Section 521(d) of the Housing Act of 1949 ( 42 U.S.C. 1490a(d) (1) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (B) by inserting after subparagraph (A) the following: (B) upon request of an owner of a project financed under section 514 or 515, the Secretary is authorized to enter into renewal of such agreements for a period of 20 years or the term of the loan, whichever is shorter, subject to amounts made available in appropriations Acts; ; and (C) in subparagraph (C), as so redesignated, by striking subparagraph (A) subparagraphs (A) and (B) (D) in subparagraph (D), as so redesignated, by striking subparagraphs (A) and (B) subparagraphs (A), (B), and (C) (2) by adding at the end the following: (3) In the case of any rental assistance contract authority that becomes available because of the termination of assistance on behalf of an assisted family— (A) at the option of the owner of the rental project, the Secretary shall provide the owner a period of 6 months before unused assistance is made available pursuant to subparagraph (B) during which the owner may use such assistance authority to provide assistance of behalf of an eligible unassisted family that— (i) is residing in the same rental project that the assisted family resided before the termination; or (ii) newly occupies a dwelling unit in the rental project during that 6-month period; and (B) except for assistance used as provided in subparagraph (A), the Secretary shall use such remaining authority to provide assistance on behalf of eligible families residing in other rental projects originally financed under section 515 or both sections 514 and 516. . 6. Funding for multifamily technical improvements (a) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture $50,000,000 for fiscal year 2023 for improving the technology of the Department of Agriculture used to process loans for multifamily housing and otherwise managing that housing. (b) Timeline The improvements required under subsection (a) shall be made within the 5-year period beginning upon the appropriation of amounts under subsection (a), and those amounts shall remain available until the expiration of that 5-year period. 7. Plan for preserving affordability of rental projects (a) Plan Not later than 6 months after the date of enactment of this Act, the Secretary of Agriculture (in this section referred to as the Secretary 42 U.S.C. 1484 (1) set forth specific performance goals and measures; (2) set forth the specific actions and mechanisms by which those goals will be achieved; (3) set forth specific measurements by which progress towards achievement of each goal can be measured; (4) provide for detailed reporting on outcomes; and (5) include any legislative recommendations to assist in achievement of the goals under the plan. (b) Advisory committee (1) Establishment; purpose The Secretary shall establish an advisory committee (in this section referred to as the advisory committee (A) preserving properties assisted under section 514 or 515 of the Housing Act of 1949 ( 42 U.S.C. 1484 (B) implementing the plan required under subsection (a). (2) Member The advisory committee shall consist of 16 members, appointed by the Secretary, as follows: (A) A State Director of Rural Development for the Department of Agriculture. (B) The Administrator for Rural Housing Service of the Department of Agriculture. (C) Two representatives of for-profit developers or owners of multifamily rural rental housing. (D) Two representatives of nonprofit developers or owners of multifamily rural rental housing. (E) Two representatives of State housing finance agencies. (F) Two representatives of tenants of multifamily rural rental housing. (G) One representative of a community development financial institution that is involved in preserving the affordability of housing assisted under sections 514, 515, and 516 of the Housing Act of 1949 ( 42 U.S.C. 1484 (H) One representative of a nonprofit organization that operates nationally and has actively participated in the preservation of housing assisted by the Rural Housing Service by conducting research regarding, and providing financing and technical assistance for, preserving the affordability of that housing. (I) One representative of low-income housing tax credit investors. (J) One representative of regulated financial institutions that finance affordable multifamily rural rental housing developments. (K) Two representatives from nonprofit organizations representing farmworkers, including 1 organization representing farmworker women. (3) Meetings The advisory committee shall meet not less often than once each calendar quarter. (4) Functions In providing assistance to the Secretary to carry out the purpose of the advisory committee, the advisory committee shall carry out the following functions: (A) Assisting the Rural Housing Service of the Department of Agriculture to improve estimates of the size, scope, and condition of rental housing portfolio of the Rural Housing Service, including the time frames for maturity of mortgages and costs for preserving the portfolio as affordable housing. (B) Reviewing policies and procedures of the Rural Housing Service regarding preservation of affordable rental housing financed under sections 514, 515, 516, and 538 of the Housing Act of 1949 ( 42 U.S.C. 1484 (C) Providing ongoing review of Rural Housing Service program results. (D) Providing reports to Congress and the public on meetings, recommendations, and other findings of the advisory committee. (5) Travel costs Any amounts made available for administrative costs of the Department of Agriculture may be used for costs of travel by members of the advisory committee to meetings of the advisory committee.
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Strategy and Investment in Rural Housing Preservation Act of 2022
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Improving Access to Advance Care Planning Act This bill provides statutory authority for Medicare coverage of advance care planning services. It also (1) allows such services to be provided by clinical social workers, and (2) waives the coinsurance and deductible for such services (regardless of whether the services are provided as part of an annual wellness visit). The Centers for Medicare & Medicaid Services must conduct outreach about Medicare coverage of advance care planning services; the Medicare Payment Advisory Commission must study and report on the provision and utilization of such services.
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117 S4873 IS: Improving Access to Advance Care Planning Act U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4873 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Warner Ms. Collins Ms. Baldwin Ms. Klobuchar Committee on Finance A BILL To amend title XVIII of the Social Security Act to waive cost-sharing for advance care planning services, and for other purposes. 1. Short title This Act may be cited as the Improving Access to Advance Care Planning Act 2. Medicare coverage of advance care planning services (a) Advance care planning services defined Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (lll) Advance care planning services (1) In general The term advance care planning services (A) the health care preferences of such individual; (B) future health care decisions that may need to be made by, or on behalf of, such individual; and (C) advance directives or other standard forms, which may be completed by, or on behalf of, such individual. (2) Eligible practitioner For purposes of paragraph (1), the term eligible practitioner (A) a physician (as defined in subsection (r)); (B) a physician assistant (as defined in subsection (aa)(5)); (C) a nurse practitioner (as defined in subsection (aa)(5)); (D) a clinical nurse specialist (as defined in subsection (aa)(5)); or (E) a clinical social worker (as defined in subsection (hh)(1)) who possesses— (i) a relevant care planning certification; or (ii) experience providing care planning conversations or similar services, as defined by the Secretary. . (b) No application of coinsurance or deductible under part B (1) Amount Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) (A) by striking and (DD) (DD) (B) by inserting before the semicolon at the end the following: and (EE) with respect to advance care planning services (as defined in section 1861(lll)), the amounts paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b) (2) Waiver of application of deductible The first sentence of section 1833(b) of the Social Security Act ( 42 U.S.C. 1395l(b) (A) by striking and (12) (12) (B) by inserting before the period the following: , and (13) such deductible shall not apply with respect to advance care planning services (as defined in section 1861(lll)) (c) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2023. 3. HHS provider outreach (a) Outreach The Secretary of Health and Human Services (in this section referred to as the Secretary (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the outreach conducted under subsection (a). Such report shall include a description of the methods used for such outreach. 4. MedPAC report on the furnishing of advance care planning services and the use of advance care planning codes under the Medicare program (a) Study The Medicare Payment Advisory Commission (in this paragraph referred to as the Commission (1) the furnishing of advance care planning services to Medicare beneficiaries, including— (A) which providers are trained to provide such services; (B) which providers are eligible to provide such services under the Medicare program; (C) the length and frequency of the visits for furnishing such services; and (D) any barriers related to providers furnishing, or beneficiaries being furnished, such services; (2) the use of advance care planning Current Procedural Terminology (CPT) codes to bill for the furnishing of advance care planning services to Medicare beneficiaries, including— (A) circumstances under which codes other than advance care planning CPT codes are used to bill for such services under the Medicare program and why providers do not use advance care planning CPT codes; and (B) any barriers to providers using advance care planning CPT codes to bill for such services under the Medicare program; and (3) such other items determined appropriate by the Commission. (b) Report (1) In general Not later than June 30, 2024, the Commission shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate.
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Improving Access to Advance Care Planning Act
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Restoring Law and Order Act This bill requires the Department of Justice to award grants to state and local law enforcement agencies to support their workforce and their ability to address specified criminal activities (e.g., child trafficking). The Government Accountability Office must also study law enforcement deficiencies with respect to processing rape kits.
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117 S4875 IS: Restoring Law and Order Act U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4875 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mrs. Blackburn Mr. Hagerty Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program for law enforcement agencies, and for other purposes. 1. Short title This Act may be cited as the Restoring Law and Order Act 2. Grant program Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. PP 3061. Definitions In this part: (1) Eligible entity The term eligible entity (2) Rural county The term rural county 3062. Establishment (a) In general The Attorney General shall award grants to eligible entities to— (1) hire and retain law enforcement officers; (2) combat interstate child trafficking; (3) prevent violent crime by prioritizing stringent sentences for repeat offenders; (4) use public safety tools such as bail and pretrial detention to prevent dangerous offenders from returning to communities; (5) acquire resources to better target drug and fentanyl crimes; (6) detain and deport illegal aliens who have committed criminal offenses in the United States; and (7) eliminate investigatory backlogs and more quickly process criminal evidence. (b) Distribution of funds Of the amounts appropriated to carry out this part, the Attorney General shall award not less than 25 percent to eligible entities located in a rural county. 3063. Appropriations (a) IRS funding (1) Rescission Effective on the date of enactment of the Restoring Law and Order Act An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14 (2) Appropriation Of the unobligated balances rescinded under paragraph (1)— (A) $9,500,000,000 is appropriated to the Attorney General for fiscal year 2023 to carry out this part, to remain available until September 30, 2027; and (B) the remainder shall be deposited in the Treasury. (b) Unemployment Trust Fund (1) Rescission Effective on the date of enactment of the Restoring Law and Order Act 42 U.S.C. 1104(a) (2) Appropriation Of the unobligated balances rescinded under paragraph (1)— (A) $500,000,000 is appropriated to the Attorney General for fiscal year 2023 to carry out this part, to remain available until September 30, 2027; and (B) the remainder shall be deposited in the Treasury. . 3. GAO study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the deficiencies— (1) of law enforcement agencies in the United States in processing rape kits; and (2) in the availability of rape kits.
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Restoring Law and Order Act
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Felony Murder for Deadly Fentanyl Distribution Act This bill makes the distribution of fentanyl resulting in death a first degree murder. An individual who is guilty of first degree murder by distributing fentanyl is subject to death or life in prison.
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117 S4876 IS: Felony Murder for Deadly Fentanyl Distribution Act U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4876 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Rubio Mr. Cotton Mr. Scott of Florida Mr. Hagerty Mr. Wicker Ms. Ernst Mr. Cassidy Mr. Cornyn Mr. Braun Mr. Cruz Mr. Hawley Mrs. Blackburn Mrs. Hyde-Smith Committee on the Judiciary A BILL To punish the distribution of fentanyl resulting in death as felony murder. 1. Short title This Act may be cited as the Felony Murder for Deadly Fentanyl Distribution Act 2. Fentanyl distribution resulting in death punished as felony murder Section 1111 of title 18, United States Code, is amended— (1) in subsection (a), by inserting , distributing fentanyl child abuse (2) in subsection (b)— (A) by striking (b) Within (b) (1) Within (B) by adding at the end the following: (2) Whoever is guilty of murder in the first degree by distributing fentanyl shall be punished by death or by imprisonment for life. ; and (3) in subsection (c)— (A) by redesignating paragraphs (4) through (6) as paragraphs (6) through (8), respectively; and (B) by inserting after paragraph (3) the following: (4) the terms controlled substance distribute distributor 21 U.S.C. 802 (5) distributing fentanyl (A) involving 2 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or .5 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; (B) that results in death from the use of such mixture or substance; and (C) knowing or having reason to know contains a detectable amount of such mixture or substance. .
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Felony Murder for Deadly Fentanyl Distribution Act
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Civilian Conservation Center Enhancement Act of 2022 This bill authorizes various activities in connection with Civilian Conservation Centers. For example, the Departments of Agriculture and of the Interior shall offer at Civilian Conservation Centers specialized training programs focused on (1) forestry and rangeland management, (2) wildland firefighting, or (3) any other topic related to the mission of the Forest Service or Interior or the public interest.
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91 S4877 IS: Civilian Conservation Center Enhancement Act of 2022 U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4877 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Merkley Mr. Daines Committee on Energy and Natural Resources A BILL To amend Public Law 91–378 1. Short title This Act may be cited as the Civilian Conservation Center Enhancement Act of 2022 2. Civilian Conservation Centers Public Law 91–378 ( 16 U.S.C. 1701 et seq. III Civilian Conservation Centers 301. Definitions In this title: (1) Civilian Conservation Center The term Civilian Conservation Center (2) Covered graduate The term covered graduate (3) Covered student The term covered student (4) Secretaries The term Secretaries (A) the Secretary of Agriculture; and (B) the Secretary of the Interior. 302. Civilian Conservation Centers Wildfire and Conservation Training Program (a) Specialized training programs The Secretaries, in coordination with the Secretary of Labor, shall offer at Civilian Conservation Centers specialized training programs focused on— (1) forestry and rangeland management; (2) wildland firefighting; or (3) any other topic relating to the mission of the Forest Service or the Department of the Interior or the public interest. (b) Prioritization The Secretaries shall prioritize offering specialized training programs under subsection (a) at facilities described in section 147(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3197(d) 303. Wildland Firefighting Workforce Development Pilot (a) In general (1) Experiment, research, or demonstration pilots The Secretaries, in coordination with the Secretary of Labor, may carry out experimental, research, or demonstration pilots to provide career and technical education curricula and course offerings to advance the missions of the Department of the Interior and the Department of Agriculture at Civilian Conservation Centers, including facilities described in section 147(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3197(d) (2) Curricula and courses Curricula and courses described in paragraph (1) include— (A) incident management and emergency response logistics; (B) disaster response; (C) forest products measurement; (D) timber sale administration and preparation; (E) heavy equipment operation; (F) equipment and mechanical services; (G) industrial electrical; (H) machining; (I) mill operations; (J) forest restoration; (K) habitat and water quality monitoring; (L) watershed and habitat enhancement; (M) range management; (N) recreation access improvement; (O) visitor services; and (P) historic preservation. (b) Requirements In carrying out subsection (a), the Secretaries shall— (1) identify workforce needs in public land agencies, forest, conservation, and recreation industries, and rural communities, after consulting with State governments and agencies, Federal emergency management and public land agencies, local communities, and Indian Tribes; (2) develop marketing and recruitment materials for the curricula and courses offerings provided under subsection (a); and (3) provide specialized staff necessary to teach curricula and courses offerings provided under subsection (a), to the extent practicable. 304. Wildland firefighting workforce enhancement (a) Recruitment goals and investments (1) Recruitment goal The Secretaries— (A) shall each set a goal of hiring 300 covered graduates annually to contribute to wildland firefighting or other critical workforce needs; and (B) may make investments to support the recruitment, training, hiring, and retention of covered graduates. (2) Signing bonus The Secretaries may provide for a signing bonus to enable the successful employment and transition of covered graduates, including for the purpose of securing housing in rural and remote communities. (b) Direct hire authority For fiscal year 2023 and each fiscal year thereafter, the Secretaries may appoint, without regard to the provisions of subchapter I of chapter 33 (c) Pathways to employment The Secretaries shall ensure that appropriate career pathways are developed for covered graduates of relevant Civilian Conservation Center training programs. (d) Disadvantaged youth employment Notwithstanding any other provision of law, the Secretaries may employ or otherwise contract with covered students at regular rates of pay for necessary hours of work. 305. Wildland firefighting housing pilot program (a) In general The Secretaries shall establish a pilot program to employ covered students to improve and expand the housing stock owned by the Federal Government for the purpose of housing wildland firefighters and other agency employees. (b) Requirements In carrying out the pilot program under subsection (a), the Secretaries shall— (1) identify properties currently owned by the Federal Government that would be appropriate housing for wildland firefighters and other agency employees; (2) identify areas where the construction of new housing described in paragraph (1) would be appropriate and sustainable; and (3) submit to Congress a prioritized list of projects for renovation with a plan for how the Secretaries will employ covered students to repair, renovate, and remediate the properties identified under paragraph (1). 306. Report Not later than 1 year after the date of enactment of this title, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report— (1) describing underutilized capacity at Civilian Conservation Centers, based on an assessment conducted by the Secretaries; and (2) identifying the investments, improvements, and efficiencies necessary to utilize the full capacity of Civilian Conservation Centers. .
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Civilian Conservation Center Enhancement Act of 2022
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Secure Rural and Tribal Lands Act This bill specifies the factors to be considered when allocating funding from the Local Assistance and Tribal Consistency Fund (a general revenue enhancement program that provides additional assistance to eligible counties and tribal governments for any governmental purpose except lobbying).
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117 S4878 IS: Secure Rural and Tribal Lands Act U.S. Senate 2022-09-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4878 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Wyden Committee on Energy and Natural Resources A BILL To amend title VI of the Social Security Act to improve the Local Assistance and Tribal Consistency Fund, and for other purposes. 1. Short title This Act may be cited as the Secure Rural and Tribal Lands Act 2. Local Assistance and Tribal Consistency Fund (a) In general Section 605 of the Social Security Act ( 42 U.S.C. 805 (1) in subsection (a), by striking with amounts to be obligated for making payments under this section to eligible revenue sharing recipients, eligible Tribal governments, and territories, with amounts to be allocated and paid in accordance with subsection (b) not later than December 31, 2022. (2) by striking subsections (b) through (f) and inserting the following: (b) Authority To make payments (1) Allocations and payments to eligible revenue sharing recipients (A) Revenue sharing counties (i) Allocations The Secretary shall reserve $1,485,000,000 of the total amount appropriated under subsection (a) to allocate to each revenue sharing county an amount determined by the Secretary, taking into account— (I) the amount of entitlement land and Federal land in each revenue sharing county; and (II) the economic conditions of each revenue sharing county, using such measurements of poverty, household income, and unemployment over the most recent 20-year period as of September 30, 2021, to the extent data are available, as well as other economic indicators as the Secretary determines appropriate. (ii) Payments Subject to subparagraph (B)(ii), the Secretary shall pay each revenue sharing county that is an eligible revenue sharing county the amount determined for the county under clause (i). (B) Special rules (i) Revenue sharing counties with limited government functions In the case of an amount allocated to a revenue sharing county under subparagraph (A) that is a county with limited government functions, the Secretary shall, from such amount, allocate and pay to each eligible revenue sharing local government within such county an amount determined by the Secretary, taking into account the amount of entitlement land and Federal land in the eligible revenue sharing local government and the population of the eligible revenue sharing local government relative to the total population of such county with limited government functions. (ii) Eligible revenue sharing county in Alaska In the case of the eligible revenue sharing county described in subsection (f)(3)(C), the Secretary shall pay the amount allocated to such eligible revenue sharing county under subparagraph (A) to the State of Alaska and the State of Alaska shall distribute from such payment, payments to home rule cities and general law cities (as such cities are defined by the State) located within the boundaries of the eligible revenue sharing county described in subsection (f)(3)(C). (C) Pro rata adjustment authority The amounts otherwise determined for allocation and payment under subparagraphs (A) and (B) may be adjusted by the Secretary on a pro rata basis to the extent necessary to ensure that all available funds are allocated and paid to eligible revenue sharing recipients in accordance with the requirements specified in each such subparagraph. (2) Allocations and payments to eligible Tribal governments The Secretary shall reserve $500,000,000 of the total amount appropriated under subsection (a) to allocate and pay to eligible Tribal governments amounts that are determined by the Secretary taking into account economic conditions of each eligible Tribe. (3) Allocations and payments to territories The Secretary shall reserve $15,000,000 of the total amount appropriated under subsection (a) to allocate and pay to each territory an amount which bears the same proportion to the amount reserved under this paragraph as the population of the territory bears to the total population of all the territories. (c) Use of payments An eligible revenue sharing recipient, an eligible Tribal government, or a territory may use funds provided under a payment made under this section for any governmental purpose other than a lobbying activity. (d) Reporting requirement Each eligible revenue sharing recipient and each territory that receives a payment under this section shall submit to the Secretary periodic reports providing a detailed accounting of the use of funds by the eligible revenue sharing recipient or territory, as applicable, and such other information as the Secretary may require for the administration of this section. (e) Recoupment Any eligible revenue sharing recipient or any territory that has failed to submit a report required under subsection (d) or failed to comply with subsection (c), shall be required to repay to the Secretary an amount equal to— (1) in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection; and (2) in the case of a failure to submit a report required under subsection (d), such amount as the Secretary determines appropriate, but not to exceed 5 percent of the amount paid to the eligible revenue sharing recipient or the territory under this section. (f) Definitions In this section: (1) County The term county (2) County with limited government functions The term county with limited government functions (3) Eligible revenue sharing county The term eligible revenue sharing county (A) a unit of general local government (as defined in section 6901(2) of title 31, United States Code) that is— (i) a county in which entitlement land is located and which is eligible for a payment under section 6902(a) of title 31, United States Code; or (ii) a county that contains Federal land; (B) the District of Columbia; and (C) the combined area in Alaska that is within the boundaries of a census area used by the Secretary of Commerce in the decennial census, but that is not included within the boundary of a unit of general local government described in subparagraph (A). (4) Eligible revenue sharing local government The term eligible revenue sharing local government (A) in which entitlement land is located and which is eligible for a payment under section 6902(a) of title 31, United States Code; or (B) in which Federal land is located. (5) Eligible revenue sharing recipients The term eligible revenue sharing recipients (6) Eligible tribal government The term eligible Tribal government (7) Eligible tribe The term eligible Tribe (8) Entitlement land The term entitlement land (9) Federal land The term Federal land (10) Revenue sharing county The term revenue sharing county (A) an eligible revenue sharing county; or (B) a county with limited government functions. (11) Secretary The term Secretary (12) Territory The term territory (A) the Commonwealth of Puerto Rico; (B) the United States Virgin Islands; (C) Guam; (D) the Commonwealth of the Northern Mariana Islands; or (E) American Samoa. . (b) Department of the Treasury administrative expenses (1) In general Notwithstanding any other provision of law, the unobligated balances from amounts made available to the Secretary of the Treasury (referred to in this subsection as the Secretary (A) the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 (B) division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (C) the American Rescue Plan Act ( Public Law 117–2 (D) title VI of the Social Security Act ( 42 U.S.C. 801 et seq. (2) Provisions specified The provisions specified in this paragraph are the following: (A) Sections 4003(f) and 4112(b) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 (B) Section 421(f)(2) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5) of the American Rescue Plan Act of 2021 ( Public Law 117–2 (D) Section 602(a)(2) of the Social Security Act ( 42 U.S.C. 802(a)(2)
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Secure Rural and Tribal Lands Act
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Expanding Financial Access for Underserved Communities Act This bill eases credit union membership requirements to allow more access for persons in underserved areas. A credit union must, however, submit a business and marketing plan to the National Credit Union Administration explaining the credit union's ability and intent to serve such population. The bill also excludes loans made to members in underserved areas from certain credit union limits on member business loans.
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117 S4879 IS: Expanding Financial Access for Underserved Communities Act U.S. Senate 2022-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 4879 IN THE SENATE OF THE UNITED STATES September 19, 2022 Mr. Padilla Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Credit Union Act to permit credit unions to serve certain underserved areas, and for other purposes. 1. Short title This Act may be cited as the Expanding Financial Access for Underserved Communities Act 2. Credit union service to underserved areas Section 109 of the Federal Credit Union Act ( 12 U.S.C. 1759 (1) in subsection (c)(2)— (A) by striking the field of membership category of which is described in subsection (b)(2), (B) by amending subparagraph (A) to read as follows: (A) the Board determines that the local community, neighborhood, or rural district is an underserved area; and ; and (C) in subparagraph (B), by inserting not later than 2 years after having such underserved area added to the credit union’s charter, the credit union (2) by adding at the end the following: (h) Change of field of membership To include underserved areas (1) In general If an existing Federal credit union applies to the Board to alter or expand the field of membership of the credit union to serve an underserved area, the credit union shall submit a business and marketing plan with such application that explains the ability and intent of the credit union to serve the population of the underserved area through the change in field of membership. (2) Report by credit union Not later than 2 years after the date on which an application described under paragraph (1) is approved, the credit union, as part of the ordinary course of the examination cycle and supervision process, shall submit a report to the Administration that includes— (A) an estimate of the number of members of the credit union who are members by reason of the application, including breakdowns by each State (including the District of Columbia and each territory of the United States), Tribal government entity, and congressional district; (B) a description of the types of financial services utilized by members of the credit union who are members by reason of the application; (C) an update of the implementation of the credit union of the business and marketing plan described under paragraph (1); and (D) a description of the types of financial education programs made available to members of the credit union, including those who are members by reason of the application and those in rural areas, where applicable. . 3. Member business lending in underserved areas Section 107A(c)(1)(B) of the Federal Credit Union Act ( 12 U.S.C. 1757a(c)(1)(B) (1) in clause (iv), by striking or (2) in clause (v), by striking the period and inserting ; or (3) by adding at the end the following: (vi) that is made to a member or associated borrower that lives in or operates in an underserved area. . 4. Underserved area defined Section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 (1) in paragraph (8), by striking ; and (2) in paragraph (9), by striking the period at the end and inserting ; and (3) by adding at the end the following: (10) the term underserved area (A) an investment area, as defined in section 103(16) of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702(16) (B) groups of contiguous census tracts in which at least 85 percent individually qualify as low-income communities, as defined in section 45D(e) (C) an area that is more than 10 miles, as measured from each point along the perimeter of the area, from the nearest branch of a depository institution, as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 . 5. Reports by the National Credit Union Administration (a) Initial report During the 1-year period beginning on the date that is 2 years after the date of enactment of this Act, the National Credit Union Administration shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the implementation of the amendments made by this Act. (b) Update On the date that is 5 years after the date on which the report required under subsection (a) is submitted, the National Credit Union Administration shall submit to the committees described that subsection an updated report. 6. Rule of construction Nothing in this Act or the amendments made by this Act may be construed to prevent or otherwise impede the ability of insured depository institutions, as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813
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Expanding Financial Access for Underserved Communities Act
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