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Industrial Agriculture Accountability Act of 2022 This bill establishes additional requirements for larger animal feeding operations (AFOs) owned or controlled by industrial operators and increases handling requirements for livestock and poultry. Specifically, the bill establishes the Office of High-Risk AFO Disaster Mitigation and Enforcement within the Department of Agriculture (USDA) and requires such industrial operators to register with the office and submit annual disaster mitigation plans (e.g., for public health emergencies and major disasters). In addition, industrial operators must pay annual disaster mitigation maintenance fees to the office and are liable for costs associated with disaster events or depopulation (the rapid destruction of animals in response to urgent circumstances). Industrial operators are restricted from using specified methods of depopulation; any person may sue an industrial operator or USDA over a violation. Further, USDA must establish depopulation standards that rapidly induce unconsciousness and death with minimal pain and distress. The Department of Labor must enforce minimum labor standards for industrial operators regarding covered workers or affected contract growers in disaster mitigation events, including whistleblower protections and health insurance requirements. Further, industrial operators may not use incarcerated workers in these events. The bill also includes provisions on the handling of livestock and poultry, such as requiring USDA to set additional standards for animal transport; including poultry in the Humane Methods of Slaughter Act of 1958 and creating a USDA grant program to transition processing facilities to a different slaughter method; requiring USDA to promulgate certain regulations regarding the humane treatment, euthanasia, and disposition of nonambulatory livestock; and terminating programs that allow for slaughter speeds that exceed existing limits or reduce the use of federal inspectors. | 85 S5138 IS: Industrial Agriculture Accountability Act of 2022 U.S. Senate 2022-11-29 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. 5138 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mr. Booker Committee on Agriculture, Nutrition, and Forestry A BILL To establish the Office of High-Risk AFO Disaster Mitigation and Enforcement in the Department of Agriculture, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Industrial Agriculture Accountability 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 Secretary. Sec. 3. Findings. TITLE I—High-risk AFO disaster mitigation and enforcement Sec. 101. Definitions. Subtitle A—Department of Agriculture Sec. 111. Office of High-Risk AFO Disaster Mitigation and Enforcement. Sec. 112. Registration of high-risk AFOs. Sec. 113. Covered industrial operator responsibilities and liabilities. Sec. 114. Restriction on certain methods of depopulation. Sec. 115. Reports. Sec. 116. Civil actions. Subtitle B—Department of Labor Sec. 121. Definitions. Sec. 122. Minimum labor standards for covered workers and affected contract growers. Sec. 123. Prohibition on the use of incarcerated workers. TITLE II—Grant and pilot programs Sec. 201. Definitions. Sec. 202. Controlled-atmosphere stunning transition program. Sec. 203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities. TITLE III—Humane handling reforms Subtitle A—Transport Sec. 311. Transportation of livestock and poultry. Sec. 312. Higher-welfare transport research funding. Subtitle B—Nonambulatory livestock Sec. 321. Unlawful slaughter practices involving nonambulatory livestock. Sec. 322. Unlawful use of drugs contributing to nonambulatory conditions. Sec. 323. Inclusion of poultry in Humane Methods of Slaughter Act. Subtitle C—Inspections Sec. 331. Definitions. Sec. 332. Ending dangerous higher-speed slaughter and self-inspection systems. Sec. 333. Funding for additional OSHA inspectors. Sec. 334. Funding for additional FSIS inspectors. 2. Definition of Secretary In this Act, the term Secretary 3. Findings Congress finds that— (1) factory farms owned or controlled by industrial operators— (A) lack systemic resilience; (B) present significant risks, particularly in the event of a disaster; and (C) negatively impact— (i) farmed animals, who suffer tremendously from cruel depopulation methods and without meaningful disaster mitigation efforts; (ii) meat and poultry processing workers, who are subjected to exploitative conditions and abusive behavior by employers in depopulation situations— (I) including— (aa) being required to spend long hours, over days or weeks, mass-killing farmed animals; and (bb) being terminated following the completion of a depopulation event, without financial support; and (II) that lead to long-term psychological impacts, including increased feelings of anger and stress; and (iii) neighboring communities and the environment, including through— (I) flood waters overrunning manure lagoons resulting in ecological degradation in the form of soil, surface, and groundwater contamination; (II) algae blooms; and (III) wildlife population crashes; (2) (A) since 2019, more than 60,000,000 poultry and 10,000,000 swine have been depopulated; and (B) those massive cullings are often conducted using incredibly inhumane practices including ventilation shutdown, ventilation shutdown plus, sodium nitrite poisoning, and water-based foaming (as those terms are defined in section 114(a)); (3) since 2019, industrial operators put slaughterhouse workers in jeopardy and cost taxpayers millions of dollars; (4) industrial operators continue to experience record profits, including a 300-percent growth in profits during the COVID–19 pandemic; (5) industrial operators have created a system that allows for the inhumane handling of nonambulatory livestock (as defined in section 3(a) of Public Law 85–765 Humane Methods of Slaughter Act of 1958 (6) industrial operators have abused the use of certain drugs that increase the risk of livestock becoming nonambulatory livestock (as so defined); (7) slaughterhouse deregulation and decreased Federal oversight of meat and poultry slaughter pose significant risks to workers, consumers, and animals; (8) Federal humane slaughter laws currently exempt 98 percent of animals slaughtered for food; (9) current Federal animal transport laws are ineffective and inherently cruel; and (10) Federal support is needed to create a level playing field for farmers engaged in higher-welfare practices who are struggling to compete in a highly monopolized market controlled by industrial operators. I High-risk AFO disaster mitigation and enforcement 101. Definitions In this title: (1) Animal feeding operation; AFO (A) In general The term animal feeding operation AFO (i) for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are— (I) stabled or confined; and (II) fed or maintained; and (ii) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. (B) Multiple lots For purposes of subparagraph (A), 2 or more lots or facilities described in that subparagraph shall be considered to be a single animal feeding operation if the lots or facilities— (i) are located within 3 miles of each other; and (ii) are under common ownership or control. (C) Exclusion The term animal feeding operation AFO (i) are primarily raised on pasture, grassland, or other vegetative environments; (ii) have the ability to exercise species-specific natural behaviors; and (iii) have access to appropriate shelter, healthy vegetation, potable water, and adequate protection from predators. (2) Covered industrial operator The term covered industrial operator (A) 2,500 swine. (B) 30,000 turkeys or ducks. (C) 82,000 laying hens or broilers. (3) Depopulation The term depopulation (4) Disaster event The term disaster event (A) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d (B) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (C) a disaster designated by the Secretary pursuant to part 759 of title 7, Code of Federal Regulations (or successor regulations); and (D) a quarantine designated by the Secretary pursuant to the Plant Protection Act ( 7 U.S.C. 7701 et seq. (5) High-risk AFO The term high-risk AFO (6) Office The term Office A Department of Agriculture 111. Office of High-Risk AFO Disaster Mitigation and Enforcement The Secretary shall establish an office within the Department of Agriculture, to be known as the Office of High-Risk AFO Disaster Mitigation and Enforcement 112. Registration of high-risk AFOs (a) Registration requirement (1) In general A covered industrial operator shall be required to register with the Office prior to selling, buying, or transferring livestock, poultry, or any product derived from livestock or poultry across State lines. (2) Information In registering with the Office under paragraph (1), a covered industrial operator shall submit to the Office— (A) identifying information about the covered industrial operator, including the location, animal type, and peak inventory animal totals for all high-risk AFOs owned or controlled by the covered industrial operator; and (B) a standard disaster mitigation plan that includes— (i) a description of the type, location, and extent of all potential disaster events that can affect livestock or poultry housed in a high-risk AFO, including information on previous occurrences of disaster events and the probability of future disaster events; (ii) a plan to ensure that animals do not go without necessary resources such as shelter, food, and water during an extreme weather event; (iii) a plan to increase flexibility and resiliency, including— (I) identifying ways to house animals past their intended slaughter date; and (II) alternative slaughter and processing arrangements, including contracting with small-scale Department of Agriculture, State-certified, or mobile operations with existing capacity, in the event of supply chain disruptions; (iv) a plan for accessing necessary resources, personal protective equipment, and labor to carry out depopulation in ways that most rapidly render animals unconscious in the event that depopulation is unavoidable; (v) a plan for disposal of any deceased animals that— (I) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (II) does not rely on unlined burial or onsite incineration; and (vi) other information, as determined appropriate by the Secretary. (3) Annual submission A covered industrial operator that is registered with the Office pursuant to this subsection shall submit to the Office the information described in paragraph (2) on an annual basis. (4) Restricted funds for plan A covered industrial operator shall not, in developing a standard disaster mitigation plan described in paragraph (2)(B), use any Federal funds, including funds provided under the environmental quality incentive program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. (b) Disaster mitigation maintenance fee (1) In general A covered industrial operator registered under subsection (a) shall pay to the Office an annual fee by January 15 of each year for each high-risk AFO owned or controlled by the covered industrial operator. (2) Total amount of fees The amount of the fee required under paragraph (1)— (A) shall be determined by the Secretary in a manner that will ensure that the total amount of fees collected for each fiscal year shall sufficiently fund the activities of the Office for that fiscal year; but (B) shall not be less than $1 per animal unit (as defined by the Administrator of the Environmental Protection Agency) for each fiscal year. (3) Restriction A covered industrial operator may not reduce wages or grower payments in order to derive the amount of the fee required under paragraph (1). (c) High-Risk AFO Disaster Mitigation and Enforcement Fund (1) Establishment There is established in the Treasury of the United States a fund, to be known as the High-Risk AFO Disaster Mitigation and Enforcement Fund Fund (2) Source; use All moneys derived from fees collected by the Office under subsection (b) shall be deposited in the Fund and made available to the Secretary, without fiscal year limitation, to offset costs relating to— (A) the administrative costs associated with operating the Office and technical assistance offered by staff of the Office; (B) creating the national stockpile pursuant to section 114(c)(2); (C) enforcement actions against covered industrial operators that do not comply with this subtitle; and (D) any other activities determined by the Secretary. 113. Covered industrial operator responsibilities and liabilities A covered industrial operator shall be responsible and liable for, with respect to each high-risk AFO owned or controlled by the covered industrial operator, all costs associated with activities related to disaster events or depopulation of livestock or poultry, including— (1) procuring resources for depopulation of livestock or poultry, including from the national stockpile described in section 114(c)(2); (2) disposal of deceased animals that— (A) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (B) does not rely on unlined burial or onsite incineration; (3) compensation for contract growers and workers, as provided in subtitle B; (4) compensation for any adverse health impacts, property value diminution, and loss of use and enjoyment of property suffered by neighboring residents of the high-risk AFO; and (5) other costs determined by the Secretary. 114. Restriction on certain methods of depopulation (a) Definitions In this section: (1) Restricted practice The term restricted practice (A) sodium nitrite poisoning; (B) ventilation shutdown; (C) ventilation shutdown plus; (D) water-based foaming; and (E) any other method identified by the Secretary. (2) Sodium nitrite poisoning The term sodium nitrite poisoning (3) Ventilation shutdown The term ventilation shutdown (4) Ventilation shutdown plus The term ventilation shutdown plus (5) Water-based foaming The term water-based foaming (b) Restrictions; civil penalty Notwithstanding any other provision of law, beginning 1 year after the date of enactment of this Act, a covered industrial operator that uses 1 or more restricted practices for any event of depopulation of livestock or poultry on a high-risk AFO owned or controlled by the covered industrial operator, as determined by the Office— (1) shall not be eligible for any Federal contract for a period of 10 years beginning on that date; (2) shall not be eligible for inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. 21 U.S.C. 451 et seq. (3) shall be assessed a civil penalty of up to $1,000 per animal per act of depopulation, with consideration given to the appropriateness of the penalty with respect to the gravity of the violation and the good faith of the covered industrial operator. (c) Standards and resources Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule— (1) to establish depopulation standards that rapidly induce unconsciousness and death with minimal pain and distress; and (2) to coordinate a national stockpile of resources— (A) to carry out depopulation activities during a disaster event in a way that rapidly induces unconsciousness and death of the animals with minimal pain and distress; and (B) using funds from the High-Risk AFO Disaster Mitigation and Enforcement Fund established by section 112(c)(1). 115. Reports (a) Reports to Secretary Not later than 3 business days after completing any depopulation of any animals, a covered industrial operator performing or requiring such depopulation shall submit to the Secretary a report on that depopulation instance that specifies— (1) the 1 or more dates on which, and location at which, the depopulation and disposal of the animals occurred; (2) the total number, species, breed, and intended product of the depopulated animals; (3) the depopulation and disposal methods utilized; (4) any monitoring, testing, or sampling protocol put in place to monitor releases of environmental contaminants from the disposal location; (5) a summary of any assets utilized or received from the national stockpile established pursuant to section 114(c)(2), as applicable; (6) documentation of compliance or noncompliance with the standard disaster mitigation plan described in section 112(a)(2)(B) of the covered industrial operator; and (7) the cost associated with the depopulation and disposal, including labor. (b) Publicly searchable database The Secretary, acting through the Office, shall develop and make publicly available an electronically searchable and sortable online database that contains information— (1) reported under subsection (a); and (2) submitted by covered industrial operators registering under section 112. 116. Civil actions (a) In general Any person may— (1) bring a civil action against a covered industrial operator or the Secretary in an appropriate court to redress any violation of this subtitle or any other law relating to the activities described in this subtitle; and (2) obtain appropriate relief in that civil action, including equitable relief and compensatory damages. (b) Attorney's 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 described in subsection (a). B Department of Labor 121. Definitions In this subtitle: (1) Affected contract grower The term affected contract grower (A) that raises livestock or poultry pursuant to a written contract, marketing arrangement, or other arrangement, with a covered industrial operator; and (B) whose AFO is impacted by a disaster mitigation event. (2) Affected contractor The term affected contractor (3) Covered worker (A) In general The term covered worker (i) means an employee who performs labor in connection with a disaster mitigation event for a covered industrial operator; and (ii) includes any employee of an affected contract grower, or of another affected contractor, of a covered industrial operator. (B) Additional terms In this paragraph, the term employee (i) the individual is free from control and direction in connection with the performance of the labor, both under the contract for the performance of labor and in fact; (ii) the labor is performed outside the usual course of the business of the covered industrial operator; and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the labor performed. (4) Disaster mitigation event The term disaster mitigation event 122. Minimum labor standards for covered workers and affected contract growers (a) Applicability A covered industrial operator that employs or contracts with covered workers, affected contract growers, or other affected contractors related to a disaster mitigation event shall comply with the labor standards described in subsection (b). (b) Labor standards The labor standards described in this subsection are the following: (1) Whistleblower protections A covered industrial operator shall not discharge, cause to be discharged, or in any other manner discriminate against any covered worker or affected contract grower because such covered worker or affected contract grower— (A) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this section; or (B) has testified or is about to testify in any such proceeding. (2) Health insurance requirement During a disaster mitigation event and for a period of not less than 2 years following the disaster mitigation event, the covered industrial operator shall offer each covered worker and affected contract grower of the covered industrial operator a health plan that provides coverage that is at least equivalent to coverage provided by an essential health benefits package (as defined in subsection (a) of section 1302 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022 (3) Severance pay for covered workers In the case of a disaster mitigation event, the covered industrial operator shall provide any covered worker terminated by the covered industrial operator, or by an affected contract grower or other affected contractor of the covered industrial operator impacted by the disaster mitigation event, during the 60-day period following the disaster mitigation event with 12 weeks of severance pay, at a weekly rate equal to the average weekly earnings of the covered worker during the disaster mitigation event. (4) Lost revenue for affected contract growers In any case in which a covered industrial operator terminates the contract of an affected contract grower following a disaster mitigation event, the covered industrial operator shall provide an amount of lost revenue to the affected contract grower equal to the affected contract grower’s revenue from the covered operator during the preceding 180 days. (c) Enforcement by the Secretary of Labor (1) General authority The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of this section in the same manner that the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6, 7, and 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 29 U.S.C. 216(c) (2) Civil penalties The Secretary of Labor may assess a civil penalty against a covered industrial operator that violates any provision of this section. (3) Monitoring compliance Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall— (A) develop a process to monitor compliance with the standards under this section that requires covered industrial operators to provide information to demonstrate such compliance; and (B) issue rules to determine penalties for noncompliance with this section. (4) Notification of Office The Secretary of Labor shall notify the Office of any covered industrial operator that is determined to be noncompliant with the requirements of this section. (d) Right of action for violations (1) Private right of action for violations An action to recover damages or obtain relief prescribed in paragraph (2) may be maintained against any covered industrial operator in any Federal or State court of competent jurisdiction by 1 or more covered workers or affected contract growers for and on behalf of themselves and other similarly situated covered workers or affected contract growers. (2) Liability (A) In general A covered industrial operator who violates this section shall be liable to each covered worker or affected contract grower that is aggrieved by the violation for— (i) damages in the amount of unpaid wages, salary, overtime compensation, or other compensation denied or lost by reason of the violation; and (ii) an additional equal amount as liquidated damages. (B) Attorney’s fees and costs In a civil action brought under paragraph (1) in which the plaintiff prevails, the court shall award the plaintiff reasonable attorney’s fees and costs of the action. (3) Enforcement by the Secretary of Labor The Secretary of Labor may bring an action in any court of competent jurisdiction to recover damages or obtain relief described in paragraph (2) on behalf of a covered worker or affected contract grower aggrieved by a violation of this section. 123. Prohibition on the use of incarcerated workers Notwithstanding any other provision of law, a covered industrial operator that the Secretary of Labor determines entered into a contract, on or after the date of enactment of this Act, with any entity to utilize incarcerated workers to perform labor related to a disaster mitigation event shall not be eligible for— (1) any Federal contracts for a period of 10 years beginning on the date of the determination; and (2) inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. 21 U.S.C. 451 et seq. II Grant and pilot programs 201. Definitions In this title: (1) Controlled-atmosphere stunning The term controlled-atmosphere stunning (2) Eligible processing facility The term eligible processing facility 21 U.S.C. 473 (3) Labor peace agreement The term labor peace agreement (A) between an employer and a labor organization that represents, or is actively seeking to represent as of the date on which the labor peace agreement is entered, the employees of the employer; and (B) under which such employer and such labor organization agree that— (i) the employer will not— (I) hinder any effort of an employee to join a labor organization; or (II) take any action that directly or indirectly indicates or implies any opposition to an employee joining a labor organization; (ii) the labor organization will refrain from picketing, work stoppages, or boycotts against the employer; (iii) the employer will— (I) provide the labor organization with employee contact information; and (II) facilitate or permit labor organization access to employees at the workplace, including facilitating or permitting the labor organization to meet with employees to discuss joining the labor organization; and (iv) the employer will, upon the request of the labor organization, recognize the labor organization as the bargaining representative of the employees if a majority of the employees choose the labor organization as their bargaining representative. (4) Live-shackle slaughter The term live-shackle slaughter 202. Controlled-atmosphere stunning transition program (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a transition program to award grants to eligible processing facilities that process poultry to transition from live-shackle slaughter to controlled-atmosphere stunning. (b) Eligibility As a condition of receipt of a grant under subsection (a), an eligible processing facility shall not, for a period of 10 years following the date of receipt of the grant, sell a slaughter or processing facility to, or merge the slaughter or processing facility with, a packer that owns more than 10 percent of the market share of meat and poultry markets. (c) Funding There is appropriated, out of any funds in the Treasury not otherwise appropriated, $750,000,000 to the Secretary to carry out this section. 203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities (a) In general The Secretary shall carry out a 5-year pilot program within the Meat and Poultry Inspection Division of the Food Safety and Inspection Service— (1) to expand the availability of processing inspectors, technical assistance, and onsite inspection for eligible processing facilities, including no-cost overtime inspections; and (2) to identify and train part-time inspectors and technical assistance providers. (b) Professional experience The Secretary shall determine the appropriate professional experience of inspectors and providers described in subsection (a)(2), which shall include individuals with expertise in veterinary medicine, public health, food service management, and animal science, as applicable. (c) Funding There is authorized to be appropriated to the Secretary not less than $50,000,000 to carry out this section. III Humane handling reforms A Transport 311. Transportation of livestock and poultry (a) Transportation lasting more than 8 hours (1) In general Section 80502 of title 49, United States Code, is amended— (A) in subsection (a)(1), by striking a rail carrier territory or possession, a covered provider of transportation (B) in subsection (b)— (i) in paragraph (3), by striking subsection (a) of this section subsection (b) (ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (iii) in the matter preceding subparagraph (A) (as so redesignated), in the third sentence— (I) by striking the rail carrier a vessel the covered provider of transportation (II) by striking When the animals (3) Responsibility of covered provider of transportation When the animals ; (iv) in the matter preceding paragraph (3) (as so designated), in the second sentence, by striking The owner (2) Responsibility of owner or person having custody The owner ; and (v) in the matter preceding paragraph (2) (as so designated), by striking Animals being (1) In general Animals being ; (C) in subsection (d)— (i) in the second sentence, by striking On learning (2) Civil action On learning ; and (ii) in the first sentence, by striking A rail carrier a vessel (1) In general A covered provider of transportation ; (D) by redesignating subsections (a) through (d) as subsections (b), (c), (g), and (f), respectively, and moving the subsections so as to appear in alphabetical order; (E) by inserting before subsection (b) (as so redesignated) the following: (a) Definitions In this section: (1) Covered industrial operator (A) In general The term covered industrial operator (B) Quantity of livestock or poultry in AFOs The quantity of livestock or poultry referred to in subparagraph (A) is 1 or more of the following quantities of livestock or poultry housed in 1 or more Animal Feeding Operations at a single point in time: (i) 2,500 swine. (ii) 30,000 turkeys or ducks. (iii) 82,000 laying hens or broilers. (2) Covered provider of transportation (A) In general The term covered provider of transportation (B) Individuals and entities described An individual or entity referred to in subparagraph (A) is— (i) a rail carrier, express carrier, or common carrier (except by air or water); (ii) a receiver, trustee, or lessee of a carrier described in clause (i); or (iii) an owner or master of a vessel. (3) Secretary The term Secretary ; and (F) by inserting after subsection (c) (as so redesignated) the following: (d) Transportation lasting more than 8 hours (1) In general In any case in which animals are transported by a covered provider of transportation on behalf of a covered industrial operator for a period lasting, or expected to last, more than 8 consecutive hours, the covered provider of transportation transporting the animals shall ensure that— (A) the means of transport provides adequate protection of the animals from high winds, rain, and snow; (B) any livestock or poultry are provided with appropriate bedding or equivalent material that— (i) prevents slipping; (ii) ensures a level of comfort appropriate to— (I) the species of the livestock or poultry; (II) the number of animals being transported; (III) the duration of the period of transportation; and (IV) the weather; and (iii) provides adequate absorption of urine and feces; (C) the animals are not overcrowded during transport, including by complying with the regulations promulgated under paragraph (2); (D) the means of transport is equipped with a water supply that ensures that each animal has access to water in a manner and quantity appropriate to the species and size of the animal; (E) watering devices on the means of transport are— (i) in good working order; (ii) appropriately designed; and (iii) positioned appropriately for the species of animal to be watered during transport; and (F) the animals are not transported when the temperature within the means of transport cannot be maintained between 40 degrees Fahrenheit and 86 degrees Fahrenheit. (2) Rulemaking (A) In general The Secretary shall promulgate regulations setting species-specific space allowances during periods of transportation lasting more than 8 hours. (B) Requirements The regulations promulgated under subparagraph (A) shall ensure that each species of animal has enough space— (i) to turn around; (ii) to lie down; and (iii) to fully extend the limbs of the animal. (e) Recordkeeping (1) In general Each covered industrial operator shall maintain records of all livestock transported by the covered industrial operator. (2) Production of records A covered industrial operator shall provide the records maintained under paragraph (1) to the Secretary on request. . (2) Effective date The amendments made by paragraph (1) take effect on the date that is 1 year after the date of enactment of this Act. (3) Rulemaking Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by paragraph (1). (b) Modification of 28-Hour rule (1) In general Section 80502 of title 49, United States Code (as amended by subsection (a)), is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) by striking (1) Except as provided (1) In general Except as otherwise provided ; and (II) by striking 28 8 (ii) by striking paragraph (2) and inserting the following: (2) Exceptions (A) In general Animals may be confined for more than 8 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful. (B) Sheep Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 8-hour period of confinement described in paragraph (1) ends at night. ; and (iii) in paragraph (3), by striking (3) Time (3) Loading and unloading Time ; and (B) by striking subsection (g). (2) Effective date The amendments made by paragraph (1) take effect on the date that is 10 years after the date of enactment of this Act. 312. Higher-welfare transport research funding (a) Definitions In this section: (1) Eligible research institution The term eligible research institution (A) an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 (B) an 1890 Institution (as defined in that section); (C) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 (D) a non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (E) Hispanic-serving agricultural colleges and universities (as defined in that section); and (F) a center of excellence recognized under section 1673 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5926 (2) Higher-welfare transport The term higher-welfare transport (A) animal welfare is maintained throughout transport; and (B) animals are spared unnecessary distress or injury. (b) Grant program The Secretary shall establish a program to provide grants to eligible research institutions to study higher-welfare transport. (c) Applications To be eligible for a grant under this section, an eligible research institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Requirements In carrying out the program established under subsection (b), the Secretary shall ensure that none of the grant funding may be used to perform any experiment that would not comply with current transport law. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2023 through 2025. B Nonambulatory livestock 321. Unlawful slaughter practices involving nonambulatory livestock (a) In general Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 7 U.S.C. 1902 3. Nonambulatory livestock (a) Definitions In this section: (1) Covered entity The term covered entity (A) a stockyard; (B) a market agency; (C) a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 (D) a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 201 (E) a slaughter facility; and (F) an establishment. (2) Establishment The term establishment 21 U.S.C. 601 et seq. (3) Humanely euthanize The term humanely euthanize (4) Nonambulatory livestock The term nonambulatory livestock (5) Secretary The term Secretary (b) Humane treatment, handling, and disposition The Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including requirements for covered entities— (1) to immediately humanely euthanize nonambulatory livestock when the livestock becomes nonambulatory livestock, subject to subsection (c); and (2) (A) to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory livestock; (B) to maintain records of all nonambulatory livestock; and (C) to electronically submit those written policies and procedures and records to the Administrator of the Food Safety and Inspection Service. (c) Humane euthanasia (1) In general The Secretary shall promulgate regulations specifying— (A) the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory livestock required under the regulations promulgated under subsection (b); and (B) processes for ensuring effective enforcement of the use of those methods. (2) Disease testing The regulations promulgated under subsection (b) shall not limit the ability of the Secretary to test nonambulatory livestock for a disease. (d) Transacting or processing A covered entity shall not— (1) buy or sell a nonambulatory animal; or (2) process, butcher, or sell meat or products of nonambulatory livestock. (e) Records The Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under subsection (b). . (b) Inspection of nonambulatory livestock; labeling Section 6 of the Federal Meat Inspection Act ( 21 U.S.C. 606 (c) Inspection of nonambulatory livestock; labeling (1) Definition of nonambulatory livestock In this subsection, the term nonambulatory livestock (2) Inspection It shall be unlawful for an inspector at an establishment subject to inspection under this Act to pass through inspection any nonambulatory livestock or carcass (including parts of a carcass) of nonambulatory livestock. (3) Labeling An inspector or other employee of an establishment described in paragraph (2) shall label, mark, stamp, or tag as inspected and condemned . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by subsections (a) and (b). 322. Unlawful use of drugs contributing to nonambulatory conditions The Animal Health Protection Act is amended by inserting after section 10409A ( 7 U.S.C. 8308a 10409B. Unlawful use of drugs on certain animals Any use of a beta-agonist drug, including ractopamine, zilpaterol, and lubabegron, in an animal in the absence of disease, including use for growth promotion or feed efficiency, is prohibited. . 323. Inclusion of poultry in Humane Methods of Slaughter Act (a) In general Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 7 U.S.C. 1901 et seq. and poultry livestock (b) Other conforming amendment Section 2(a) of Public Law 85–765 Humane Methods of Slaughter Act of 1958 7 U.S.C. 1902 and other livestock, other livestock, and poultry (c) Effective date The amendments made by subsections (a) and (b) shall take effect on the date that is 10 years after the date of enactment of this Act. C Inspections 331. Definitions In this subtitle: (1) Covered establishment The term covered establishment (A) an official establishment (as defined in section 301.2 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. (B) an official establishment (as defined in section 381.1 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. (2) Employee The term employee 29 U.S.C. 652 332. Ending dangerous higher-speed slaughter and self-inspection systems (a) Definition of covered program (1) In general The term covered program (A) allows covered establishments to operate at slaughter speeds that exceed existing limits required by regulations of the Department of Agriculture as of the date of enactment of this Act; (B) reduces the number of Federal inspectors in covered establishments; or (C) replaces Federal inspectors at covered establishments with employees of the covered establishments for purposes of inspection. (2) Inclusions The term covered program (A) the New Swine Slaughter Inspection System described in the final rule entitled Modernization of Swine Slaughter Inspection (B) the New Poultry Inspection System described in the final rule entitled Modernization of Poultry Slaughter Inspection (C) any waiver issued under an inspection system described in subparagraph (A) or (B). (b) Termination of covered programs The Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall terminate or suspend implementation of or conversion to, as applicable, all covered programs. 333. Funding for additional OSHA inspectors There is authorized to be appropriated $60,000,000 for each of fiscal years 2023 through 2032 for the hiring of additional inspectors to carry out inspections under section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 334. Funding for additional FSIS inspectors (a) In general There is authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2023 through 2032 to hire additional full-time equivalent positions within the Food Safety and Inspection Service relating to inspections conduced pursuant to, and the enforcement of, Public Law 85–765 Humane Methods of Slaughter Act of 1958 7 U.S.C. 1901 et seq. (b) Priority for hiring In carrying out subsection (a), priority shall be given to hiring personnel— (1) to inspect processing facilities (as described by the term eligible facility 21 U.S.C. 473 (2) in regions with the highest number of vacancies within the Food Safety and Inspection Service. | Industrial Agriculture Accountability Act of 2022 |
Hide No Harm Act of 2022 This bill establishes criminal penalties for corporate officers who fail to inform federal agencies, their employees, or affected individuals of any serious physical danger that is associated with their products or services. It also prohibits retaliatory action against whistleblowers. | 117 S5139 IS: Hide No Harm Act of 2022 U.S. Senate 2022-11-29 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. 5139 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mr. Blumenthal Mr. Casey Committee on the Judiciary A BILL To establish criminal penalties for failing to inform and warn of serious dangers. 1. Short title This Act may be cited as the Hide No Harm Act of 2022 2. Criminal penalties (a) In general Part I of title 18, United States Code, is amended by inserting after chapter 101 the following: 101A Reporting Standards Sec. 2081. Definitions. 2082. Failure to inform and warn. 2083. Relationship to existing law. 2081. Definitions In this chapter— (1) the term appropriate Federal agency (2) the term business entity (3) the term business practice (A) manufacturing, assembling, designing, researching, importing, or distributing a covered product; (B) conducting, providing, or preparing to provide a covered service; or (C) otherwise carrying out business operations relating to covered products or covered services; (4) the term covered product (5) the term covered service (6) the term responsible corporate officer (A) is an employer, director, or officer of a business entity; (B) has the responsibility and authority, by reason of his or her position in the business entity and in accordance with the rules or practice of the business entity, to acquire knowledge of any serious danger associated with a covered product (or component of a covered product), covered service, or business practice of the business entity; and (C) has the responsibility, by reason of his or her position in the business entity, to communicate information about the serious danger to— (i) an appropriate Federal agency; (ii) employees of the business entity; or (iii) individuals, other than employees of the business entity, who may be exposed to the serious danger; (7) the term serious bodily injury (A) creates a substantial risk of death; or (B) causes— (i) serious permanent disfigurement; (ii) unconsciousness; (iii) extreme pain; or (iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; (8) the term serious danger (9) the term warn affected employees 2082. Failure to inform and warn (a) Requirement After acquiring actual knowledge of a serious danger associated with a covered product (or component of a covered product), covered service, or business practice of a business entity, a business entity and any responsible corporate officer with respect to the covered product, covered service, or business practice, shall— (1) as soon as practicable and not later than 24 hours after acquiring such knowledge, verbally inform an appropriate Federal agency of the serious danger, unless the business entity or responsible corporate officer has actual knowledge that an appropriate Federal agency has been so informed; (2) not later than 15 days after acquiring such knowledge, inform an appropriate Federal agency in writing of the serious danger, unless the business entity or responsible corporate officer has actual knowledge than an appropriate Federal agency has been so informed; (3) as soon as practicable, warn affected employees in writing, unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned; and (4) as soon as practicable, inform individuals, other than affected employees, who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified, unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned. (b) Penalty (1) In general Any business entity or responsible corporate officer who knowingly violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. (2) Prohibition of payment by business entities If a final judgment is rendered and a fine is imposed on an individual under this subsection, the fine may not be paid, directly or indirectly, out of the assets of any business entity on behalf of the individual. (c) Civil action To protect against retaliation (1) Prohibition It shall be unlawful to knowingly discriminate against any person in the terms or conditions of employment, in retention in employment, or in hiring because the person informed a Federal agency, warned employees, or informed other individuals of a serious danger associated with a covered product, covered service, or business practice, as required under this section. (2) Enforcement action (A) In general A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by— (i) filing a complaint with the Secretary of Labor; or (ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (B) Procedure (i) In general An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49. (ii) Exception Notification made under section 42121(b)(1) of title 49 shall be made to the person named in the complaint and to the employer. (iii) Burdens of proof An action brought under subparagraph (A)(ii) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49. (iv) Statute of limitations An action under subparagraph (A) shall be commenced not later than 180 days after the date on which the violation occurs, or after the date on which the employee became aware of the violation. (v) Jury trial A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. (3) Remedies (A) In general An employee prevailing in any action under paragraph (2)(A) shall be entitled to all relief necessary to make the employee whole. (B) Compensatory damages Relief for any action under subparagraph (A) shall include— (i) reinstatement with the same seniority status that the employee would have had, but for the discrimination; (ii) the amount of back pay, with interest; and (iii) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (4) Rights retained by employee Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. (5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes (A) Waiver of rights and remedies The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (B) Predispute arbitration agreements No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this subsection. 2083. Relationship to existing law (a) Rights To intervene Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or a group or class of consumers, employees, or citizens in any proceeding or activity. (b) Rule of construction Nothing in this chapter shall be construed to— (1) increase the time period for informing of a serious danger or other harm under any other provision of law; or (2) limit or otherwise reduce the penalties for any violation of Federal or State law under any other provision of law. . (b) Technical and conforming amendment The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 101 the following: 101A. Reporting standards 2081 . (c) Effective date The amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act. | Hide No Harm Act of 2022 |
Corporate Crime Database Act of 2022 This bill requires the Bureau of Justice Statistics to establish a public database of enforcement actions taken by federal agencies against businesses for corporate offenses. | 117 S5141 IS: Corporate Crime Database Act of 2022 U.S. Senate 2022-11-29 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. 5141 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mr. Durbin Mr. Blumenthal Committee on the Judiciary A BILL To direct the Director of the Bureau of Justice Statistics to establish a database with respect to corporate offenses, and for other purposes. 1. Short title This Act may be cited as the Corporate Crime Database Act of 2022 2. Corporate crime database at the Bureau of Justice Statistics (a) In general Part C of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10131 et seq. 305. Corporate crime database (a) Definitions In this section: (1) Business entity The term business entity (2) Corporate offense The term corporate offense (A) a violation or alleged violation of Federal law committed by— (i) a business entity; or (ii) an individual employed by a business entity within the conduct of the individual's occupational role; and (B) any other violation determined by the Director to be a corporate offense. (3) Director The term Director (4) Enforcement action The term enforcement action (5) Federal agency The term Federal agency agency (b) Establishment Beginning not later than 1 year after the date of enactment of the Corporate Crime Database Act of 2022 (1) collect, aggregate, and analyze information regarding enforcement actions taken with respect to corporate offenses; and (2) publish on the internet website of the Bureau a database of the enforcement actions described in paragraph (1). (c) Information included The database established under subsection (b) shall include the following information on an enforcement action with respect to corporate offenses: (1) Each business entity or individual identified by the enforcement action. (2) The employer of an individual identified under paragraph (1), as determined relevant by the Director. (3) The parent company of a business entity identified under paragraph (1) or the parent company of any employer identified under paragraph (2), as determined relevant by the Director. (4) The type of offense or alleged offense committed by the business entity or individual. (5) Any relevant statute or regulation violated by the business entity or individual. (6) Each Federal agency bringing the enforcement action. (7) The outcome of the enforcement action, if any, including all documentation relevant to the outcome. (8) An unique identifier for each business entity, individual, employer, or parent company identified by the enforcement action. (9) Any additional information the Director determines necessary to carry out the purposes of this section. (d) Information collection by Director (1) In general Not later than 180 days after the date of enactment of the Corporate Crime Database Act of 2022 (2) Timing of information included To the extent to which information is available, the database established under subsection (b) shall include the information described in subsection (c) on each enforcement action with respect to corporate offenses taken by a Federal agency before, on, or after the date of enactment of the Corporate Crime Database Act of 2022 (e) Publication details (1) In general Not later than 1 year after the date of enactment of the Corporate Crime Database Act of 2022 (2) Update of information The Director shall update the information included in the database established under subsection (b) each time the information is collected under subsection (d). (f) Report required Not later than 1 year after the publication of the database established under subsection (b), and annually thereafter, the Director shall submit to Congress a report including— (1) a description of the data collected and analyzed under this section related to corporate offenses, including an analysis of recidivism, offenses and alleged offenses, and enforcement actions; (2) an estimate of the impact of corporate offenses on victims and the public; and (3) recommendations, developed in consultation with the Attorney General, for legislative or administrative actions to improve the ability of Federal agencies to monitor, respond to, and deter instances of corporate offenses. . (b) Chief Data Officer Council Section 3520A(b) of title 44, United States Code, is amended— (1) in paragraph (4), by striking ; and (2) in paragraph (5), by striking the period at the end and inserting ; and (3) by adding at the end the following: (6) identify ways in which a Federal agency (as defined in section 305 of title I of the Omnibus Crime Control and Safe Streets Act of 1968) that carries out an enforcement action (as defined in that section) with respect to a corporate offense (as defined in that section) can improve the collection, digitalization, tabulation, sharing, and publishing of information under that section, and the standardization of those processes, in order to carry out that section. . | Corporate Crime Database Act of 2022 |
Healthcare for Our Troops Act This bill addresses TRICARE Reserve Select coverage and eligibility for Selected Reserve members of the Ready Reserve and their families. Among other elements, the bill provides eligibility for TRICARE Reserve Select to Selected Reserve members of the Ready Reserve who are eligible for or enrolled in the Federal Employees Health Benefits Program. | 117 S5142 IS: Healthcare for Our Troops Act U.S. Senate 2022-11-29 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. 5142 IN THE SENATE OF THE UNITED STATES November 29, 2022 Ms. Baldwin Ms. Collins Committee on Armed Services A BILL To amend title 10, United States Code, to eliminate certain health care charges for members of the Selected Reserve eligible for TRICARE Reserve Select, and for other purposes. 1. Short title This Act may be cited as the Healthcare for Our Troops Act 2. Elimination of certain health care charges for members of the Selected Reserve (a) TRICARE Reserve Select Section 1076d of title 10, United States Code, is amended to read as follows: 1076d. TRICARE program: TRICARE Reserve Select coverage for members of the Selected Reserve (a) Members of Selected Reserve (1) In general A member of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces is eligible for health benefits under TRICARE Reserve Select as provided in this section. (2) Termination of coverage Eligibility for TRICARE Reserve Select coverage of a member under this section shall terminate upon the termination of the member's service in the Selected Reserve. (b) TRICARE Reserve Select family coverage (1) In general While a member of a reserve component is covered by TRICARE Reserve Select under this section, the members of the immediate family of such member are eligible for TRICARE Reserve Select family coverage as dependents of the member. (2) Continuation of coverage If a member of a reserve component dies while in a period of coverage under this section, the eligibility of the members of the immediate family of such member for TRICARE Reserve Select family coverage shall continue for six months beyond the date of death of the member. (c) Premiums (1) No premiums for individual coverage A member of a reserve component covered by TRICARE Reserve Select individual coverage shall pay no premium for such coverage. (2) Family coverage (A) In general A member of a reserve component covered by TRICARE Reserve Select under this section shall pay a premium for any member of the immediate family of such member covered under TRICARE Reserve Select family coverage. Such premium shall apply instead of any enrollment fees required under section 1075 of this title. (B) Uniform application The Secretary of Defense shall prescribe for the purposes of this section one premium for TRICARE Reserve Select family coverage of immediate family members of members of the reserve components, that shall apply uniformly to all such immediate family members. (C) Premium amount (i) In general The monthly amount of the premium in effect for a month for TRICARE Reserve Select family coverage under this section shall be the amount equal to 28 percent of the total monthly amount determined on an appropriate actuarial basis as being reasonable for that coverage. (ii) Appropriate actuarial basis The appropriate actuarial basis for purposes of clause (i) for each calendar year after calendar year 2009 shall be determined by utilizing the actual cost of providing benefits under this section to dependents of members of the reserve components during the calendar years preceding such calendar year. (D) Payment of premiums (i) In general The premiums for TRICARE Reserve Select family coverage payable by a member of a reserve component under this subsection may be deducted and withheld from basic pay payable to the member under section 204 of title 37 or from compensation payable to the member under section 206 of such title. (ii) Requirements and procedures The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection. (E) Collection of premiums Amounts collected as premiums under this subsection shall be credited to the appropriation available for the Defense Health Program Account under section 1100 of this title, shall be merged with sums in such account that are available for the fiscal year in which collected, and shall be available under subsection (b) of such section for such fiscal year. (d) Cost-Sharing amounts (1) Network individual coverage Except as provided in paragraph (2), a beneficiary covered by TRICARE Reserve Select individual coverage shall pay no charge for any health care service to which the beneficiary is entitled pursuant to such coverage. (2) Out-of-network individual coverage With respect to out-of-network health care services, a beneficiary covered by TRICARE Reserve Select individual coverage shall be subject to the same out-of-network cost-sharing requirements as those to which beneficiaries described in section 1075(c)(1) of this title in the active-duty family member category are subject to for the corresponding year. (3) Family coverage A beneficiary covered by TRICARE Reserve Select family coverage shall be subject to the same cost-sharing requirements as those to which beneficiaries described in section 1075(c)(1) of this title in the active-duty family member category are subject to for the corresponding year. (e) Regulations The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section. (f) Definitions In this section: (1) The terms active-duty family member category network out-of-network (2) The term immediate family (3) The term TRICARE Reserve Select (A) medical care, excluding dental care, at facilities of the uniformed services to which a dependent described in section 1076(a)(2) of this title is entitled; and (B) health benefits under the TRICARE Select self-managed, preferred provider network option under section 1075 of this title made available to beneficiaries by reason of this section and subject to the cost-sharing requirements set forth in subsection (d). (4) The term TRICARE Reserve Select family coverage (5) The term TRICARE Reserve Select individual coverage . (b) Conforming amendments to TRICARE Select Paragraph (3) of section 1075(c) of title 10, United States Code, is amended to read as follows: (3) With respect to beneficiaries in the reserve and young adult category— (A) for beneficiaries covered by section 1076e or 1110b of this title, the cost-sharing requirements shall be calculated pursuant to subsection (d)(1) as if the beneficiary were in the active-duty family member category or the retired category, as applicable, except that the premiums calculated pursuant to section 1076e or 1110b of this title shall apply instead of any enrollment fee required under this section; and (B) for beneficiaries covered by section 1076d of this title, the cost-sharing requirements shall be calculated pursuant to subsection (d) of such section. . (c) Applicability This section shall apply with respect to the provision of health care under the TRICARE program beginning on the date that is one year after the date of the enactment of this Act. 3. Forms and study relating to improved coverage for members of the Selected Reserve (a) Forms (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop forms to be used by civilian health care providers under the purchased care component of the TRICARE program for medical care for members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces eligible for TRICARE Reserve Select. (2) Information To include Forms developed under paragraph (1) shall include opportunities for a civilian health care provider to indicate, with respect to a member of the Selected Reserve, the following information: (A) Medical Readiness Classification. (B) Fitness for deployment. (C) Any other information the Secretary determines necessary. (b) Study (1) In general The Secretary of Defense shall conduct a study on— (A) the phasing out of mass medical events and periodic health assessments for members of the Selected Reserve eligible for TRICARE Reserve Select; and (B) the replacement of such events and processes with the new TRICARE Reserve Select coverage model under section 1076d of title 10, United States Code, as amended by section 2(a), and the use of forms by civilian health care providers as specified in subsection (a). (2) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the findings of the study conducted under paragraph (1). (c) Definitions In this section, the terms TRICARE program TRICARE Reserve Select | Healthcare for Our Troops Act |
Veterans Patient Advocacy Act This bill requires the Office of Patient Advocacy within the Veterans Health Administration to ensure (1) there is not fewer than one patient advocate for every 13,500 veterans enrolled in the Department of Veterans Affairs health care system, and (2) highly rural veterans may access the services of patient advocates. The bill also requires the Government Accountability Office to report on the implementation of such policies. | 117 S5143 IS: Veterans Patient Advocacy Act U.S. Senate 2022-11-29 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. 5143 IN THE SENATE OF THE UNITED STATES November 29, 2022 Ms. Stabenow Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the assignment of patient advocates at medical facilities of the Department of Veterans Affairs. 1. Short title This Act may be cited as the Veterans Patient Advocacy Act 2. Patient advocates at medical facilities of Department of Veterans Affairs (a) In general Section 7309A of title 38, United States Code, is amended— (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Number of patient advocates Beginning on the date that is one year after the date of the enactment of the Veterans Patient Advocacy Act (1) there is not fewer than one patient advocate for every 13,500 veterans enrolled in the system of annual patient enrollment of the Department established and operated under section 1705(a) of this title; and (2) highly rural veterans may access the services of patient advocates, including, to the extent practicable, by assigning patient advocates to rural community-based outpatient clinics. . (b) GAO Report Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report evaluating the implementation by the Secretary of Veterans Affairs of subsection (e) of section 7309A of title 38, United States Code, as added by subsection (a)(2). | Veterans Patient Advocacy Act |
Driver Reimbursement Increase for Veteran Equity Act or the DRIVE Act This bill requires the Department of Veterans Affairs (VA) to adjust the mileage rate for beneficiary travel to or from a VA facility in relation to vocational rehabilitation, required counseling, or for the purpose of examination, treatment, or care. Such rate must be adjusted to be at least equal to the mileage reimbursement rate for vehicles that are privately owned by government employees on official business. | 117 S5144 IS: Driver Reimbursement Increase for Veteran Equity Act U.S. Senate 2022-11-29 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. 5144 IN THE SENATE OF THE UNITED STATES November 29, 2022 Ms. Stabenow Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase the mileage rate offered by the Department of Veterans Affairs through their Beneficiary Travel program for health related travel, and for other purposes. 1. Short title This Act may be cited as the Driver Reimbursement Increase for Veteran Equity Act DRIVE Act 2. VA payments or allowances for beneficiary travel Section 111(g) of title 38, United States Code, is amended— (1) by striking (1) The Secretary shall (2) by striking to be to be at least (3) by striking paragraph (2). | Driver Reimbursement Increase for Veteran Equity Act |
Consumer and Fuel Retailer Choice Act This bill amends the Clean Air Act to address the limitations on Reid Vapor Pressure (a measure of gasoline's volatility) that are placed on gasoline during the summer ozone season, including by applying the Reid Vapor Pressure requirements that are applicable to gasoline blended with 10% ethanol (E10) to gasoline blended with more than 10% ethanol. | 117 S5145 IS: Consumer and Fuel Retailer Choice Act of 2022 U.S. Senate 2022-11-29 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. 5145 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mrs. Fischer Ms. Klobuchar Mr. Grassley Ms. Duckworth Mr. Thune Ms. Smith Ms. Ernst Mr. Brown Mr. Marshall Mr. Durbin Mr. Cramer Ms. Baldwin Mr. Sasse Mr. Rounds Committee on Environment and Public Works A BILL To amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes. 1. Short title This Act may be cited as the Consumer and Fuel Retailer Choice Act of 2022 2. Ethanol waiver (a) Existing waivers Section 211(f)(4) of the Clean Air Act ( 42 U.S.C. 7545(f)(4) (1) by striking (4) The Administrator, upon (4) Waivers (A) In general The Administrator, on ; (2) in subparagraph (A) (as so designated)— (A) in the first sentence— (i) by striking of this subsection (ii) by striking if he determines if the Administrator determines (B) in the second sentence— (i) by striking such an application an application described in subparagraph (A) (ii) by striking The Administrator (B) Final action The Administrator ; and (3) by adding at the end the following: (C) Reid vapor pressure A fuel or fuel additive may be introduced into commerce if— (i) (I) the Administrator determines that the fuel or fuel additive is substantially similar to a fuel or fuel additive utilized in the certification of any model year vehicle pursuant to paragraph (1)(A); or (II) the fuel or fuel additive has been granted a waiver under subparagraph (A) and meets all of the conditions of that waiver other than any limitation of the waiver with respect to the Reid Vapor Pressure of the fuel or fuel additive; and (ii) the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements under subsection (h). . (b) Reid vapor pressure limitation Section 211(h) of the Clean Air Act ( 42 U.S.C. 7545(h) (1) by striking vapor pressure Vapor Pressure (2) in paragraph (4), in the matter preceding subparagraph (A), by inserting or more 10 percent (3) in paragraph (5)(A)— (A) by striking Upon notification, accompanied by On receipt of a notification that is submitted before January 1, 2022, or after the date of enactment of the Consumer and Fuel Retailer Choice Act of 2022 (B) by inserting or more 10 percent | Consumer and Fuel Retailer Choice Act of 2022 |
Clean Start Act of 2022 This bill establishes a process to seal records related to a nonviolent criminal offense committed by an individual whose substance use disorder is a substantial contributing factor in the commission of the offense. A nonviolent criminal offense is a federal criminal offense that is not a violent offense, a sex offense, a serious drug offense, or an offense with a victim under the age of 18. To be eligible for sealing, an individual who is convicted of a nonviolent criminal offense must, among other things, complete a substance use disorder treatment program or recovery program and complete service in a substance use disorder peer mentorship program. This bill also allows the Department of Justice to give preference to a Community Oriented Policing Services program grant applicant from a state that has in effect (1) a substantially similar law related to sealing adult records, or (2) a law that allows an individual who successfully seals a criminal record to be free from civil and criminal perjury laws. | 117 S5146 IS: Clean Start Act of 2022 U.S. Senate 2022-11-29 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. 5146 IN THE SENATE OF THE UNITED STATES November 29, 2022 Mr. Manchin Committee on the Judiciary A BILL To provide for the sealing of records relating to Federal nonviolent criminal offenses related to substance use disorders, and for other purposes. 1. Short title This Act may be cited as the Clean Start Act of 2022 2. Sealing of criminal records (a) In general Chapter 229 E Sealing of criminal records Sec. 3641. Definitions. 3642. Sealing petition. 3643. Effect of sealing order. 3641. Definitions In this subchapter— (1) the term covered nonviolent offense (A) a crime of violence (as that term is defined in section 16); (B) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 (C) an offense involving a victim under the age of 18 years; or (D) a serious drug offense (as that term is defined in section 3559(c)(2)); (2) the term covered treatment program (3) the term eligible individual (A) has been arrested for or convicted of a qualifying offense; (B) in the case of a conviction described in subparagraph (A)— (i) has fulfilled each requirement of the sentence for the qualifying offense, including— (I) completing each term of imprisonment, probation, or supervised release; and (II) satisfying each condition of imprisonment, probation, or supervised release; (ii) has satisfactorily completed a covered treatment program; and (iii) has rendered service for a period of not less than 180 days— (I) as a peer mentor in a substance use disorder peer mentorship program; or (II) if service described in subclause (I) is not practicable, as a volunteer; (C) has not been convicted of more than 2 felonies that are covered nonviolent offenses, including any such convictions that have been sealed; and (D) has not been convicted of any felony that is not a covered nonviolent offense; (4) the term petitioner (5) the term protected information (A) an arrest, conviction, or sentence of an individual for the offense; (B) the institution of criminal proceedings against an individual for the offense; or (C) the result of criminal proceedings described in subparagraph (B); (6) the term qualifying offense (A) a covered nonviolent offense committed by an individual whose substance use disorder is a substantial contributing factor in the commission of the offense, as determined by a court reviewing a sealing petition with respect to the offense under section 3642(b)(3)(A)(i); or (B) in the case of an arrest for an offense that does not result in a conviction, a covered nonviolent offense with respect to which the act that would have constituted the offense is committed by an individual whose substance use disorder is a substantial contributing factor in the commission of the act, as determined by a court reviewing a sealing petition with respect to the offense under section 3642(b)(3)(A)(i); (7) the term seal (A) means— (i) to close a record from public viewing so that the record cannot be examined except by court order; and (ii) to physically seal the record shut and label the record SEALED (B) has the effect described in section 3643, including— (i) the right to treat the offense to which a sealed record relates, and any arrest, criminal proceeding, conviction, or sentence relating to the offense, as if it never occurred; and (ii) protection from civil and criminal perjury, false swearing, and false statement laws with respect to a sealed record; (8) the term sealing hearing (9) the term sealing petition (10) the term substance use disorder peer mentorship program 3642. Sealing petition (a) Right To file sealing petition (1) Date of eligibility (A) Convicted individuals (i) In general On and after the date that is 3 years after the applicable date under clause (ii), an eligible individual who was convicted of a qualifying offense and has not been arrested for or convicted of a substance use-related offense since that applicable date may file a petition for a sealing order with respect to the qualifying offense in a district court of the United States. (ii) Applicable date The applicable date— (I) for an eligible individual who was convicted of a qualifying offense and sentenced to a term of imprisonment, probation, or supervised release is the date on which the eligible individual has fulfilled each requirement under section 3641(3)(B)(i); and (II) for an eligible individual who was convicted of a qualifying offense and not sentenced to a term of imprisonment, probation, or supervised release is the date on which the case relating to the qualifying offense is disposed of. (iii) Violation of 3-year good behavior requirement (I) In general An eligible individual who is prohibited from filing a petition for a sealing order with respect to a qualifying offense under clause (i) because the individual is arrested for or convicted of a substance use-related offense on or after the applicable date under clause (ii) may file such a petition on or after the date as of which 3 years have elapsed since the last such arrest or conviction. (II) Rule of construction Nothing in subclause (I) shall be construed to allow an eligible individual to file more than 1 petition for a sealing order with respect to a particular qualifying offense. (B) Individuals not convicted An eligible individual who is arrested for but not convicted of a qualifying offense may file a petition for a sealing order with respect to the qualifying offense in a district court of the United States on and after the date on which the case relating to the offense is disposed of. (2) Notice of opportunity to file petition (A) Convicted individuals (i) In general If an individual is convicted of a covered nonviolent offense and will potentially be eligible to file a sealing petition with respect to the offense upon fulfilling each requirement under section 3641(3)(B), the court in which the individual is convicted shall, in writing, inform the individual, on each date described in clause (ii) of this subparagraph, of— (I) that potential eligibility; (II) the necessary procedures for filing the sealing petition; and (III) the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. (ii) Dates The dates described in this clause are— (I) the date on which the individual is convicted; and (II) the date on which the individual has fulfilled each requirement under section 3641(3)(B)(i). (B) Individuals not convicted (i) Arrest only If an individual is arrested for a covered nonviolent offense, criminal proceedings are not instituted against the individual for the offense, and the individual is potentially eligible to file a sealing petition with respect to the offense, on the date on which the case relating to the offense is disposed of, the arresting authority shall, in writing, inform the individual of— (I) that potential eligibility; (II) the necessary procedures for filing the sealing petition; and (III) the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. (ii) Court proceedings If an individual is arrested for a covered nonviolent offense, criminal proceedings are instituted against the individual for the offense, the individual is not convicted of the offense, and the individual is potentially eligible to file a sealing petition with respect to the offense, on the date on which the case relating to the offense is disposed of, the court in which the criminal proceedings take place shall, in writing, inform the individual of— (I) that potential eligibility; (II) the necessary procedures for filing the sealing petition; and (III) the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. (b) Procedures (1) Notification to prosecutor and other individuals If an individual files a petition under subsection (a) with respect to a qualifying offense, the district court in which the petition is filed shall provide notice of the petition— (A) to the office of the United States attorney that prosecuted or would have prosecuted the petitioner for the offense; and (B) upon the request of the petitioner, to any other individual that the petitioner determines may testify as to the— (i) conduct of the petitioner since the date of the offense or arrest; or (ii) reasons that the sealing order should be entered. (2) Hearing (A) In general Not later than 180 days after the date on which an individual files a sealing petition, the district court shall— (i) except as provided in subparagraph (D), conduct a hearing in accordance with subparagraph (B); and (ii) determine whether to enter a sealing order for the individual in accordance with paragraph (3). (B) Opportunity to testify and offer evidence (i) Petitioner The petitioner may testify or offer evidence at the sealing hearing in support of sealing, including evidence of ongoing sobriety. (ii) Prosecutor The office of a United States attorney that receives notice under paragraph (1)(A) may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing. (iii) Other individuals An individual who receives notice under paragraph (1)(B) may testify or offer evidence at the sealing hearing as to the issues described in clauses (i) and (ii) of that paragraph. (C) Magistrate judges A magistrate judge may preside over a hearing under this paragraph. (D) Waiver of hearing If the petitioner and the United States attorney that receives notice under paragraph (1)(A) so agree, the court shall make a determination under paragraph (3) without a hearing. (3) Basis for decision (A) In general In determining whether to enter a sealing order with respect to protected information relating to a covered nonviolent offense, the court shall— (i) determine whether the offense is a qualifying offense based on evidence that the petitioner suffered from an active substance use disorder at the time of the commission of— (I) the offense; or (II) the act that would have constituted the offense, in the case of an arrest for an offense that does not result in a conviction; (ii) consider— (I) the petition and any documents in the possession of the court; and (II) all the evidence and testimony presented at the sealing hearing, if such a hearing is conducted; and (iii) balance— (I) (aa) the interest of public knowledge and safety; and (bb) the legitimate interest, if any, of the Government in maintaining the accessibility of the protected information, including any potential impact of sealing the protected information on Federal licensure, permit, or employment restrictions, against (II) (aa) the conduct of the petitioner and the demonstrated desire of the petitioner to be rehabilitated and positively contribute to the community; and (bb) the interest of the petitioner in having the protected information sealed, including the harm of the protected information to the ability of the petitioner to secure and maintain employment. (B) Burden on Government The burden shall be on the Government to show that the interests under subclause (I) of subparagraph (A)(iii) outweigh the interests of the petitioner under subclause (II) of that subparagraph. (C) Reasoning The court shall provide the petitioner and the Government with a written decision explaining the reasons for the determination made under subparagraph (A). (4) Appeal A denial of a sealing petition by a district court under this section shall be subject to review by a court of appeals in accordance with section 1291 of title 28. (5) Universal form The Director of the Administrative Office of the United States Courts shall create a universal form, available over the internet and in paper form, that an individual may use to file a sealing petition. (6) Fee waiver The Director of the Administrative Office of the United States Courts shall by regulation establish a minimally burdensome process under which indigent petitioners may obtain a waiver of any fee for filing a sealing petition. (7) Reporting Not later than 2 years after the date of enactment of this subchapter, and each year thereafter, each district court of the United States shall publish and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that— (A) describes— (i) the number of sealing petitions granted and denied under this section; (ii) the number of instances in which the office of a United States attorney supported or opposed a sealing petition; and (iii) the number and amount of fees assessed and waived under this section; (B) includes any supporting data that— (i) the court determines relevant; and (ii) does not name any petitioner; and (C) disaggregates all relevant data by race, ethnicity, gender, and the nature of the offense. (8) Public defender eligibility (A) In general The district court may, in its discretion, appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent a petitioner for purposes of this section. (B) Considerations In making a determination whether to appoint counsel under subparagraph (A), the court shall consider— (i) the anticipated complexity of the sealing hearing, including the number and type of witnesses called to advocate against the sealing of the protected information of the petitioner; and (ii) the potential for adverse testimony by a victim or a representative of the office of the United States attorney. 3643. Effect of sealing order (a) In general Except as provided in this section, if a district court of the United States enters a sealing order with respect to a qualifying offense, the offense, and any arrest, criminal proceeding, conviction, or sentence relating to the offense, shall be treated as if it never occurred. (b) Verification of sealing If a district court of the United States enters a sealing order with respect to a qualifying offense, the court shall— (1) send a copy of the sealing order to each entity or person known to the court that possesses a record containing protected information that relates to the offense, including each— (A) law enforcement agency; and (B) public or private correctional or detention facility; (2) in the sealing order, require each entity or person described in paragraph (1) to— (A) seal the record in accordance with this section; and (B) submit a written certification to the court, under penalty of perjury, that the entity or person has sealed each paper and electronic copy of the record; (3) seal each paper and electronic copy of the record in the possession of the court; and (4) after receiving a written certification from each entity or person under paragraph (2)(B), notify the petitioner that each entity or person described in paragraph (1) has sealed each paper and electronic copy of the record. (c) Protection from perjury laws Except as provided in subsection (f)(3)(A), a petitioner with respect to whom a sealing order has been entered for a qualifying offense shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement, including section 1001, 1621, 1622, or 1623, for failing to recite or acknowledge any protected information with respect to the offense or respond to any inquiry made of the petitioner, relating to the protected information, for any purpose. (d) Attorney General nonpublic records The Attorney General— (1) shall maintain a nonpublic record of all protected information that has been sealed under this subchapter; and (2) may access or utilize protected information only— (A) for legitimate investigative purposes; (B) in defense of any civil suit arising out of the facts of the arrest or subsequent proceedings; or (C) if the Attorney General determines that disclosure is necessary to serve the interests of justice, public safety, or national security. (e) Law enforcement access A Federal or State law enforcement agency may access a record that is sealed under this subchapter solely— (1) to determine whether the individual to whom the record relates is eligible for a first-time-offender diversion program; (2) for investigatory, prosecutorial, or Federal supervision purposes; or (3) for a background check that relates to law enforcement employment or any employment that requires a government security clearance. (f) Prohibition on disclosure (1) Prohibition Except as provided in paragraph (3), it shall be unlawful to intentionally make or attempt to make an unauthorized disclosure of any protected information from a record that has been sealed under this subchapter. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned for not more than 1 year, or both. (3) Exceptions (A) Background checks An individual who is the subject of a record sealed under this subchapter shall, and a Federal or State law enforcement agency that possesses such a record may, disclose the record in the case of a background check for— (i) law enforcement employment; or (ii) any position that a Federal agency designates as a— (I) national security position; or (II) high-risk, public trust position. (B) Disclosure to Armed Forces A person may disclose protected information from a record sealed under this subchapter to the Secretaries of the military departments (or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) for the purpose of vetting an enlistment or commission, or with regard to any member of the Armed Forces. (C) Criminal and juvenile proceedings A prosecutor may disclose protected information from a record sealed under this subchapter if the information pertains to a potential witness in a Federal or State— (i) criminal proceeding; or (ii) juvenile delinquency proceeding. (D) Authorization for individual to disclose own record An individual who is the subject of a record sealed under this subchapter may choose to disclose the record. . (b) Applicability The right to file a sealing petition under section 3642(a) of title 18, United States Code, as added by subsection (a), shall apply with respect to a qualifying offense (as defined in section 3641(a) of such title) that is committed or alleged to have been committed before, on, or after the date of enactment of this Act. (c) Transition period for hearings deadline During the 1-year period beginning on the date of enactment of this Act, section 3642(b)(2)(A) of title 18, United States Code, as added by subsection (a), shall be applied by substituting 1 year 180 days (d) Technical and conforming amendment The table of subchapters for chapter 229 E. Sealing of Criminal Records 3641 . 3. State incentives (a) COPS grants priority Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 (1) in subsection (c)— (A) in paragraph (2), by striking or (B) in paragraph (3), by striking the period at the end and inserting ; or (C) by adding at the end the following: (4) subject to subsection (n), from an applicant in a State that has in effect— (A) a law relating to the sealing of adult records that is substantially similar to, or more generous to the former offender than, the amendments made by section 2 of the Clean Start Act of 2022 (B) a law that allows an individual who has successfully sealed a criminal record to be free from civil and criminal perjury laws. ; and (2) by adding at the end the following: (n) Degree of priority relating to sealing laws commensurate with degree of compliance If the Attorney General, in awarding grants under this part, gives preferential consideration to any application as authorized under subsection (c)(4), the Attorney General shall base the degree of preferential consideration given to an application from an applicant in a particular State on the number of subparagraphs under subsection (c)(4) that the State has satisfied, relative to the number of such subparagraphs that each other State has satisfied. . (b) Attorney General guidelines and technical assistance The Attorney General shall issue guidelines and provide technical assistance to assist States in complying with the incentive under paragraph (4) of section 1701(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(c) | Clean Start Act of 2022 |
Senator James L. Buckley Seashore Designation Act This bill designates the Staten Island Unit of the Gateway National Recreation Area in New York as the Senator James L. Buckley Seashore. | 92 S5147 IS: Senator James L. Buckley Seashore Designation Act U.S. Senate 2022-11-30 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. 5147 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Sullivan Committee on Energy and Natural Resources A BILL To designate the Staten Island Unit of the Gateway National Recreation Area as the Senator James L. Buckley Seashore 1. Short title This Act may be cited as the Senator James L. Buckley Seashore Designation Act 2. Designation of Senator James L. Buckley Seashore (a) Designation The Staten Island Unit of the Gateway National Recreation Area described in subsection (a)(4) of the first section of Public Law 92–592 16 U.S.C. 460cc Senator James L. Buckley Seashore (b) References Any reference in a law, map, regulation, document, record, or other paper of the United States to the unit of the Gateway National Recreation Area described in subsection (a) shall be considered to be a reference to the Senator James L. Buckley Seashore | Senator James L. Buckley Seashore Designation Act |
Ending Unemployment Payments to Jobless Millionaires Act of 2022 This bill prohibits the use of federal funds for making unemployment compensation payments to an individual with an adjusted gross income equal to or greater than $1 million. | 117 S5148 IS: Ending Unemployment Payments to Jobless Millionaires Act of 2022 U.S. Senate 2022-11-30 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. 5148 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Ms. Ernst Mr. Tester Mr. Braun Committee on Finance A BILL To end unemployment payments to jobless millionaires. 1. Short title This Act may be cited as the Ending Unemployment Payments to Jobless Millionaires Act of 2022 2. Ending unemployment payments to jobless millionaires (a) Prohibition Notwithstanding any other provision of law, no Federal funds may be used to make payments of unemployment compensation (including such compensation under the Federal-State Extended Compensation Act of 1970) in a year to an individual whose adjusted gross income is equal to or greater than $1,000,000. (b) Compliance Any application for unemployment compensation shall include a form or procedure for an individual applicant to certify that such individual is not prohibited from receiving unemployment compensation pursuant to subsection (a). (c) Audits The certifications required by subsection (b) shall be auditable by the Department of Labor or the Government Accountability Office. (d) Effective date The prohibition under subsection (a) shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act. | Ending Unemployment Payments to Jobless Millionaires Act of 2022 |
Mental Health Justice Act of 2021 This bill creates a grant program for states and local governments to train and dispatch mental health professionals to respond, instead of law enforcement officers, to emergencies that involve people with behavioral health needs. The Substance Abuse and Mental Health Services Administration (SAMHSA) must manage the program in consultation with the Department of Justice (DOJ). SAMHSA may cancel grants that increase incarceration or institutionalization. Grantees must use funds for purposes including de-escalation and anti-racism training. The Department of Health and Human Services and the DOJ must evaluate this program. | 117 S515 IS: Mental Health Justice Act of 2021 U.S. Senate 2021-03-01 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. 515 IN THE SENATE OF THE UNITED STATES March 1, 2021 Ms. Warren Ms. Klobuchar Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Health and Human Services to award grants to States and political subdivisions of States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability, and for other purposes. 1. Short title This Act may be cited as the Mental Health Justice Act of 2021 2. Findings Congress finds the following: (1) Needless institutionalization (including in psychiatric hospitals) of people with disabilities is generally a violation of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 (2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled that the unjustified institutional isolation of persons with disabilities is a form of discrimination 42 U.S.C. 12101 (3) Regulations promulgated by the Attorney General in 1991 affirm that title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities the most integrated setting enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible (4) Yet today, persons with a mental illness or an intellectual or developmental disability are more likely to be incarcerated and to be subject to excessive use of force by law enforcement officers: (A) One out of every 4 of the deaths caused by law enforcement officers is a person with mental illness. (B) Persons with a mental illness or an intellectual or developmental disability are often charged with minor, nonviolent offenses. For many of these persons, arrest and incarceration could have been avoided if they had access to intensive community-based services and stable housing. (5) Many of the police encounters that lead to the incarceration (and in too many cases, death) of people with mental illness or an intellectual or developmental disability could be avoided by having in place systems that ensure that calls to 911 or to law enforcement result in dispatch of mental health professionals, peer support workers, or others rather than law enforcement officers. (6) Many people who are incarcerated would be better served in community services. If there were sufficient community services, and persons with mental illness or an intellectual or developmental disability were connected to those services rather than being arrested, thousands of people with mental illness or an intellectual or developmental disability would avoid needless admissions to hospitals or jails. Further, jails and hospitals would experience less crowding. 3. Grants for mental health professionals to act as first responders (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary Assistant Attorney General (1) to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies in which— (A) an individual calling 911, 988, or another emergency hotline states that a person— (i) is in a mental health crisis; or (ii) may have a mental illness or an intellectual or developmental disability; (B) a law enforcement officer or other first responder identifies a person as having (or possibly having) a mental illness or an intellectual or developmental disability; or (C) a law enforcement officer or other first responder identifies a person as being (or possibly being) under the influence of a legal or illegal substance; (2) to include in the training for mental health professionals pursuant to paragraph (1) training in— (A) the principles of de-escalation and anti-racism; and (B) age-appropriate mechanisms for carrying out the professionals' responsibilities; (3) to ensure that such mental health professionals link persons described in subparagraph (A), (B), or (C) of paragraph (1) with voluntary community-based services where appropriate; and (4) to train the staff of dispatch centers regarding the proper handling of a report of an emergency described in paragraph (1), including training in the principles of de-escalation and anti-racism referred to in paragraph (2)(A). (b) Delegation The Secretary shall delegate responsibility for carrying out the Secretary’s responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. (c) Additional awards The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in— (1) a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (2) a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). (d) Priority In awarding grants under this section, the Secretary shall give priority to States and political subdivisions of States that— (1) have high rates of arrests and incarceration of persons with a mental illness or an intellectual or developmental disability; (2) commit to increasing resources for mental health and community-based support services or solutions for such persons; or (3) include peer support specialists in their current first responder model. (e) Reporting (1) By grantees A recipient of a grant under this section shall submit to the Secretary— (A) a quarterly report on— (i) the number and percentage of emergencies where mental health professionals were dispatched in lieu of law enforcement officers pursuant to assistance under this section; (ii) such other matters as the Secretary may require for determining whether the recipient should receive an additional award under subsection (c); and (iii) any increase or decrease, compared to any previous quarter, in incarceration or institutionalization as a result of dispatching mental health professionals pursuant to assistance under this section, disaggregated to include data specific to persons with intellectual and developmental disabilities and mental illnesses where available, so as— (I) to provide a critical baseline analysis; and (II) to ensure that mental health practitioners are not simply funneling individuals into other institutionalized settings; and (B) a final report on the use of such grant. (2) By Secretary Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to Congress a report on the grant program under this section. (3) Disaggregation of data The reporting pursuant to paragraphs (1) and (2) shall be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines appropriate. (f) Revocation of grant If the Secretary finds, based on reporting under subsection (e) or other information, that activities funded through a grant under this section are leading to a significant increase in incarceration or institutionalization— (1) the Secretary shall revoke the grant; and (2) the grantee shall repay to the Federal Government any amounts that the grantee— (A) received through the grant; and (B) has not obligated or expended. 4. Technical assistance for political subdivisions of a State The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use and in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, shall provide technical assistance to grantees under section 3 (or other Federal law), other political subdivisions of States, and States to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers, as described in section 3. 5. Study (a) In general The Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall conduct a study of the effectiveness of programs and activities under sections 3 and 4. (b) Qualitative and longitudinal examination The study under subsection (a) shall include a qualitative and longitudinal study of— (1) the number of persons diverted from arrests; and (2) short- and long-term outcomes for those persons, including reduced recidivism, reduced incidences of use of force, and reduced utilization of resources. (c) Completion; report Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights Division of the Department of Justice shall— (1) complete the study under subsection (a); (2) submit a report to Congress on the results of such study; and (3) publish such report. 6. Funding To carry out this legislation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year. | Mental Health Justice Act of 2021 |
End Hedge Fund Control of American Homes Act This bill imposes an excise tax, with certain exclusions, on individuals who own more than 100 single family homes. The amount of such tax is the product of $20,000 and the number of homes owned over 100. The bill establishes a Housing Trust Fund into which the excise tax amounts shall be deposited and used to provide grants for down payment assistance. | 117 S5151 IS: End Hedge Fund Control of American Homes Act U.S. Senate 2022-11-30 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. 5151 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Merkley Committee on Finance A BILL To prohibit individuals and entities from owning more than 100 single-family residences, and for other purposes. 1. Short title This Act may be cited as the End Hedge Fund Control of American Homes Act 2. Excise tax on certain taxpayers failing to sell excess single-family residences (a) In general Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 50B Excess single-family residences Sec. 5000E. Excess single-family residences. 5000E. Excess single-family residences (a) In general In the case of any covered taxpayer who fails to meet the requirement of subsection (b) for any taxable year, there is hereby imposed a tax equal to the product of— (1) $20,000, and (2) the excess of— (A) the number of single-family residences owned by the taxpayer as of the last day of the taxable year, over (B) 100. (b) Requirement A covered taxpayer meets the requirements of this section for any taxable year if the number of single-family residences owned by the covered taxpayer as of the last day of the taxable year is equal to or less than 90 percent of the number of single family homes owned by the covered taxpayer as of the first day of the taxable year. (c) Covered taxpayer For purposes of this section— (1) In general The term covered taxpayer (2) Exclusions Such term shall not include— (A) a mortgage note holder that owns a single-family residence through foreclosure, (B) a organization which is described in section 501(c)(3) and exempt from tax under section 501(a), (C) any person primarily engaged in the construction or rehabilitation of single-family residences, or (D) any person who owns federally subsidized housing. (3) Aggregation rules (A) In general For purposes of this section, all persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. (B) Modifications For purposes of this paragraph— (i) section 52(a) shall be applied by substituting component members members (ii) for purposes of applying section 52(b), the term trade or business To the extent provided in regulations (C) Component member For purposes of this paragraph, the term component member (d) Other rules and definitions For purposes of this section— (1) Single-family residence The term single-family residence (2) Own (A) In general The term own (B) Special rule for certain sales (i) In general Notwithstanding subparagraph (A), for purposes of subsections (a)(2)(A) and (b), any single-family residence which is owned by a covered taxpayer as of the first day of the taxable year and which is sold or transferred during such taxable year by the covered taxpayer in a sale or transfer described in clause (ii) shall be treated as a single-family residence which is owned by the covered taxpayer as of the last day of such taxable year. (ii) Sales described A sale or transfer is described in this clause if such sale or transfer is a sale or transfer to— (I) a corporation or entity engaged in a trade or business, (II) a group of more than 2 individuals, or (III) a person who owns any other single-family residence at the time of such sale. (e) Reporting (1) In general The Secretary shall require such reporting as the Secretary determines necessary or appropriate to carry out the purposes of this section, including reporting with respect to whether any person acquiring a single-family residence from a covered taxpayer owns any other single-family residences at the time of the acquisition. (2) Failure to report (A) In general Any person who fails to report information required under paragraph (1) or who fails to include correct information in such report shall pay a penalty of $20,000. (B) Reasonable cause waiver No penalty shall be imposed under this paragraph with respect to any failure if it is shown that such failure is due to reasonable cause and not to willful neglect. (C) Treatment of penalty The penalty under this paragraph shall be paid upon notice and demand by the Secretary, and shall be assessed and collected in the same manner as an assessable penalty under subchapter B of chapter 68. . (b) Certification (1) In general The reporting required under section 5000E(a) (2) Form of certification The certification required under this subsection shall be signed by the purchaser or transferee and state the following: (A) The name and address of the purchaser or transferee. (B) The sale is not a sale described in section 5000E(d)(2)(B)(ii) (C) The purchaser or transferee will be subject to the penalty imposed under section 5000E(e)(2) of such Code for any false certification. (3) Definitions Any term used in this subsection which is used in section 5000E (c) Clerical amendment The table of chapters for subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Chapter 50B—Excess single-Family residences . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 3. Use of tax revenues for down payment assistance grants (a) Establishment of housing trust fund (1) In general Subchapter A of chapter 98 9512. Housing Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Housing Trust Fund (hereinafter in this section referred to as the Trust Fund (b) Transfers to Trust Fund There are hereby appropriated to the Housing Trust Fund amounts equivalent to revenues received in the Treasury from the tax imposed by section 5000E. (c) Expenditures from Trust Fund Amounts in the Housing Trust Fund shall be available, as provided in appropriations Acts, only for grants under section 3(b) of the End Hedge Fund Control of American Homes Act . (2) Clerical amendment The table of sections for subchapter A of chapter 98 (b) Grants program for down payment assistance programs (1) Establishment The Secretary of Housing and Urban Development shall establish a program under which the Secretary makes grants to State housing finance agencies to establish new or supplement existing programs that provide down payment assistance to families purchasing homes within the State. (2) Priority A State housing finance agency that receives a grant under this section shall give priority to families seeking assistance to purchase any single-family residence that is sold or transferred by a covered taxpayer (as defined in section 5000E(c) | End Hedge Fund Control of American Homes Act |
Concerned Citizens Bill of Rights Act This bill requires state and local governments, as a condition of certain grant funding, to annually (1) report on any of their policies that result in a lack of law enforcement or prosecution of criminal offenses, and (2) certify that they do not have any policies that prohibit money bail for felonies or violent misdemeanors. | 117 S5152 IS: Concerned Citizens Bill of Rights Act U.S. Senate 2022-11-30 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. 5152 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Marshall Committee on the Judiciary A BILL To foster transparent crime data, to discourage no-cash bail, and for other purposes. 1. Short title This Act may be cited as the Concerned Citizens Bill of Rights Act 2. Definitions In this Act— (1) the term covered grant (A) a grant awarded under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 (B) a grant awarded under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. (2) the term criminal courts (A) means any court of a State or unit of local government having jurisdiction over criminal matters; and (B) includes the judicial officers serving in a court described in subparagraph (A), including judges, magistrate judges, commissioners, justices of the peace, or any other person with decision-making authority; (3) the term jail (4) the term money bail (5) the term prosecution office (6) the terms State unit of local government 34 U.S.C. 10251(a) 3. Crime wave transparency (a) In general Each State or unit of local government shall— (1) fully and accurately report information required by the National Incident-Based Reporting System of the Federal Bureau of Investigation; (2) not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing— (A) any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which requires or results in the nonenforcement of any criminal offenses within such jurisdiction; (B) any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which requires or results in the nonprosecution of any criminal offenses within such jurisdiction; (C) any law, rule, policy, or practice in effect in the jurisdiction of the State or unit of local government which has the effect of withdrawing law enforcement protection from a geographical area or structure that law enforcement officers are lawfully entitled to access; (D) the number of criminal offenses declined to be prosecuted, disaggregated by each criminal offense; (E) average sentences for filed criminal charges which resulted in punishment, disaggregated by length of sentence issued after a plea of guilty or plea of nolo contendere, length of sentence issued after guilt was determined by trial, and obligations placed on a defendant as a result of pretrial diversion; and (F) the average sentences imposed for each crime within the jurisdiction of the State or unit of local government, and the average sentences actually served, disaggregated by each criminal offense; (3) not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing efforts to reduce crime within the jurisdiction of the State or unit of local government, which shall include a discussion of— (A) ongoing strategies to reduce the number of criminal offenses committed within the jurisdiction of the State or unit of local government; (B) ongoing efforts to hire and retain law enforcement officers; (C) ongoing strategies to combat anti-police sentiment; (D) ongoing strategies to prevent repeat offenses by violent offenders; and (E) ongoing strategies to increase prosecution of crime within its jurisdiction; and (4) not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a report describing the criminal offenses committed by persons who have been released from jail on pretrial release, which shall include crime data, in compliance with the requirements of the National Incident-Based Reporting System, for individuals who have been released from jail on pretrial release that have been arrested or charged with a felony or violent misdemeanor committed after pretrial release. (b) Enforcement through reduction in grant funds For any fiscal year beginning on or after the date of enactment of this Act, a State or unit of local government that fails to comply with subsection (a) shall be subject to a 20-percent reduction in the amount that would otherwise be made available to the State or unit of local government under covered grants. (c) Use of amounts Amounts not allocated to a State or unit of local government under a covered grant under subsection (b) for failure to fully comply with subsection (a) shall be reallocated under the applicable covered grant program to States or units of local government that have not failed to comply with subsection (a). (d) Report Not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, the Attorney General shall publish a report listing each State or unit of local government that is not in compliance with subsection (a). (e) Online information The Attorney General shall maintain a public website on which each report required under subsection (a) or (d) may be accessed in an electronically searchable format. (f) Monitoring In order to ensure that the reports required under subsection (a) are true and correct, the Attorney General shall monitor and assess the accuracy of the reports required under section (a), which shall include conducting audits. 4. Crime Identification Technology Act of 1998 Section 102(b) of the Crime Identification Technology Act of 1998 ( 34 U.S.C. 40301(b) (1) by redesignating paragraphs (1) through (18) as subparagraphs (A) through (R), respectively, and by moving such subparagraphs 2 ems to the right; (2) in the matter preceding subparagraph (A), as so redesignated, by striking may be used for programs (1) for programs to establish, develop, update, or upgrade— ; (3) in paragraph (1)(R), as so designated, by striking the period at the end and inserting ; and (4) by adding at the end the following: (2) to assist units of local government that have a population of less than 150,000 in complying with the reporting requirements under section 3(a) of the Concerned Citizens Bill of Rights Act. . 5. Defunding no cash bail (a) In general In order to be eligible to receive any amounts under a covered grant, a State or unit of local government shall, not later than 30 days after the date of enactment of this Act, and at the end of each fiscal year thereafter, submit to the Attorney General a certification that— (1) the State or unit of local government does not have in effect a law, rule, policy, or practice that prohibits criminal courts from— (A) imposing money bail for any felony or any violent misdemeanor offense; or (B) taking the criminal history and dangerousness of the defendant into account when setting money bail for any felony or violent misdemeanor offense; and (2) prosecution office of the State or unit of local government does not have in effect a law, rule, policy, or practice of prohibiting the imposition of money bail for any felony or violent misdemeanor offense. (b) Use of amounts Amounts not allocated to a State or unit of local government under a covered grant for failure to fully comply with subsection (a) shall be reallocated under the applicable covered grant program to States or units of local government that have not failed to comply with subsection (a). | Concerned Citizens Bill of Rights Act |
Proprietary Education Interagency Oversight Coordination Improvement Act This bill requires certain actions to increase federal oversight of proprietary (i.e., for-profit) institutions of higher education (IHEs). Specifically, the bill establishes the Proprietary Education Interagency Oversight Coordination Committee and sets forth its duties and membership. The bill also directs the Department of Education (ED) to collect and track student complaints regarding the services or activities of any proprietary IHE that is eligible for federal education assistance. Further, ED must publish a warning list for parents and students that is comprised of proprietary IHEs that have engaged in certain activities, including those that have been sued for financial relief or have pending claims for borrower relief discharge. | 117 S5155 IS: Proprietary Education Interagency Oversight Coordination Improvement Act U.S. Senate 2022-11-30 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. 5155 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Durbin Ms. Warren Ms. Smith Committee on Health, Education, Labor, and Pensions A BILL To establish the Proprietary Education Interagency Oversight Coordination Committee and facilitate the disclosure and reporting of information regarding complaints and investigations related to proprietary institutions of higher education eligible to receive Federal education assistance. 1. Short title This Act may be cited as the Proprietary Education Interagency Oversight Coordination Improvement Act 2. Definitions In this Act: (1) Accrediting agency The term accrediting agency 20 U.S.C. 1099b (2) Executive officer The term executive officer (A) the president of such corporation; (B) a vice president of such corporation who is in charge of a principal business unit, division, or function of such corporation, such as sales, administration, or finance; or (C) any other officer or person who performs a policy making function for such corporation, including an executive officer of a subsidiary of the corporation if the officer performs a policy making function for the corporation. (3) Federal education assistance The term Federal education assistance 20 U.S.C. 1087ll (4) Institutional debt The term institutional debt (A) debt owed through a private loan program or income share agreement operated by the institution; (B) debt owed from a return of student assistance made, insured, or guaranteed under title IV of the Higher Education Act 1965 ( 20 U.S.C. 1070 et seq. (C) debt owed from the student’s nonpayment of institutional charges or fees. (5) Private education loan The term private education loan (A) a loan provided by a private educational lender (as defined in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) (i) is not made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (ii) is issued expressly for postsecondary educational expenses to a borrower, regardless of whether the loan is provided through the educational institution that the subject student attends or directly to the borrower from the private educational lender (as so defined); and (iii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act ( 42 U.S.C. 292 et seq. (B) does not include an extension of credit under an open end consumer credit plan, a reverse mortgage transaction, a residential mortgage transaction, or any other loan that is secured by real property or a dwelling. (6) Proprietary institution of higher education The term proprietary institution of higher education 20 U.S.C. 1002(b) (7) Recruiting and marketing activities (A) In general Except as provided in subparagraph (B), the term recruiting and marketing activities (i) Advertising and promotion activities, including paid announcements in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for displays or promotions at job fairs, military installations, or college recruiting events, that are made directly or indirectly to a student, a prospective student, the public, an accrediting agency, a State agency, or to the Secretary by an institution of higher education, one of its representatives, or any person with whom the institution has an agreement to provide educational programs, advertising, or admissions services. (ii) Misleading statement, misrepresentation, and substantial misrepresentation (as defined in section 668.71(c) of title 34, Code of Federal Regulations, or any successor regulation). (iii) Efforts to identify and attract prospective students, either directly or through a contractor or other third party, including contact concerning a prospective student’s potential enrollment or application for a grant, a loan, or work assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (iv) Such other activities as the Secretary of Education may prescribe, including paying for promotion or sponsorship of education or military-related associations. (B) Exceptions Any activity that is required as a condition of receipt of funds by an institution under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (8) State approval agency The term State approval agency (9) Veterans service organization The term veterans service organization (A) recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code; (B) congressionally chartered under title 36, United States Code, and serves or represents veterans; (C) recognized by the Secretary of Veteran Affairs under section 14.628 of title 38, Code of Federal Regulations (or a successor regulation), as a national organization, State organization, tribal organization, or regional or local organization; or (D) an organization that has a record of demonstrating expertise in, assists in, or serves the interests of veterans in education. 3. Establishment of committee (a) Establishment There is established a committee to be known as the Proprietary Education Interagency Oversight Coordination Committee Committee (1) The Department of Education. (2) The Consumer Financial Protection Bureau. (3) The Department of Justice. (4) The Securities and Exchange Commission. (5) The Department of Defense. (6) The Department of Veterans Affairs. (7) The Federal Trade Commission. (8) The Department of Labor. (9) The Internal Revenue Service. (10) At the discretion of the President, any other relevant Federal agency or department. (b) Purposes The Committee shall have the following purposes: (1) To improve enforcement of applicable Federal laws and regulations. (2) To increase accountability of proprietary institutions of higher education to students and taxpayers. (3) To ensure the promotion of quality education programs. (4) To reduce and prevent fraud and abuse by proprietary institutions of higher education. (c) Responsibilities To meet the purposes described in subsection (b), the Committee shall have the following responsibilities: (1) Coordinate administrative oversight of proprietary institutions of higher education— (A) such that the Federal agencies represented on the Committee may develop a memorandum of understanding to specify responsibilities of each such Federal agency in creating the report under section 6; (B) to encourage information sharing among the Federal agencies related to Federal investigations, audits, or inquiries of proprietary institutions of higher education; and (C) to increase coordination and cooperation between Federal and State agencies, including State Attorneys General and State approval agencies, with respect to improving oversight and accountability of proprietary institutions of higher education. (2) Synthesize cross-agency industry data on proprietary institutions of higher education to— (A) develop an annual report under section 6; (B) publish a For-Profit College Warning List for Parents and Students (C) develop consistency among Federal and State agencies in the dissemination of consumer information regarding proprietary institutions of higher education to ensure that students, parents, and other stakeholders have easy access to such information. (d) Membership (1) Designees The head of a Federal entity described in subsection (a) may designate a high ranking official of the entity to serve as a designee on the Committee. The designee shall be, whenever possible, the head of the portion of the entity that is most relevant to the purposes described in subsection (b). (2) Chairperson The Secretary of Education or the designee of such Secretary shall serve as the Chairperson of the Committee. (3) Committee support The Chairperson of the Committee shall ensure appropriate staff and officials at the Department of Education are available to support Committee-related work. 4. Meetings and advisory committee (a) Committee meetings The members of the Committee shall meet regularly, but not less than once during each quarter of each fiscal year, to carry out the purposes described in section 3(b) and responsibilities described in section 3(c). (b) Proprietary education oversight advisory committee (1) In general The Committee shall establish a Proprietary Education Oversight Advisory Committee to advise the Proprietary Education Interagency Oversight Coordination Committee that meets not less than twice each fiscal year. (2) FACA applicability The activities of the Proprietary Education Oversight Advisory Committee shall be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). (3) Membership The Proprietary Education Oversight Advisory Committee shall be composed of the following members: (A) State Attorneys General. (B) Representatives from State approval agencies. (C) Representatives from veterans service organizations. (D) Representatives from accrediting agencies. (E) Representatives from civil rights organizations. (F) Representatives from proprietary institutions of higher education. (G) Consumer advocates. (H) Any additional stakeholders deemed relevant by the Proprietary Education Interagency Oversight Coordination Committee to provide input and information to enable the Proprietary Education Interagency Oversight Coordination Committee to carry out the purposes described in section 3(b) and responsibilities in section 3(c). 5. Collection and tracking of complaints (a) In general In consultation with the Committee, the Secretary of Education shall establish a single, toll-free telephone number, a website, and a database (or utilize an existing database) to facilitate the centralized collection of, monitoring of, and response to student complaints regarding the services or activities of any proprietary institution of higher education eligible for Federal education assistance. The Committee shall coordinate with the Federal agencies represented on the Committee to route complaints to such agencies, where appropriate. (b) Routing calls to states To the extent practicable, State approval agencies may receive appropriate complaints from the systems established under subsection (a), if— (1) the State approval agency system has the functional capacity to receive calls or electronic reports routed by the Department of Education systems; (2) the State approval agency has satisfied any conditions of participation in the system that the Department of Education may establish, including treatment of personally identifiable information and sharing of information on complaint resolution or related compliance procedures and resources; and (3) participation by the State approval agency includes measures necessary to provide for protection of personally identifiable information that conform to the standards for protection of the confidentiality of personally identifiable information and for data integrity and security that apply to the Federal agencies described in subsection (c). (c) Data sharing required To facilitate preparation of the reports required under section 6, supervision and enforcement activities, and monitoring of the market for educational services provided by any proprietary institution of higher education eligible for Federal education assistance, the Committee members shall share student complaint information with accrediting agencies, the Federal Trade Commission, other Federal agencies, and State agencies, subject to the standards applicable to Federal agencies for protection of the confidentiality of personally identifiable information and for data security and integrity. The accrediting agencies, the Federal Trade Commission, and other Federal agencies shall share data relating to student complaints regarding educational services provided by any proprietary institution of higher education with the Department of Education, subject to the standards applicable to Federal agencies for protection of confidentiality of personally identifiable information and for data security and integrity. 6. Report (a) In general The Committee shall submit an annual report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representatives, and any other committee of Congress that the Committee determines appropriate. (b) Public access The report described in subsection (a) shall be made available to the public in a manner that is easily accessible to parents, students, and other stakeholders. (c) Contents (1) In general The report shall include— (A) a description of the role of each member of the Committee in achieving the purposes described in section 3(b); (B) an accounting of any action taken by the Federal Government, any member entity of the Committee, or a State to enforce Federal or State laws and regulations applicable to a proprietary institution of higher education; (C) a summary of complaints received, resolved, or pending against each proprietary institution of higher education during the applicable year, including— (i) student complaints collected by the complaint system established under section 5 or received by any member entity of the Committee; (ii) any complaint filed by a Federal or State agency in a Federal, State, local, or tribal court; (iii) any administrative proceeding by a Federal or State agency involving noncompliance of any applicable law or regulation; (iv) any other review, audit, or administrative process by any Federal or State agency that results in a penalty, suspension, or termination from any Federal or State program; and (v) any complaint, review, audit, or administrative process initiated against the proprietary institution of higher education by an accrediting agency or any adverse action taken by an accrediting agency during the applicable year; (D) the data described in paragraph (2) and any other data relevant to proprietary institutions of higher education that the Committee determines appropriate; and (E) recommendations of the Committee for such legislative and administrative actions as the Committee determines are necessary to— (i) improve enforcement of applicable Federal laws; (ii) increase accountability of proprietary institutions of higher education to students and taxpayers; (iii) reduce and prevent fraud and abuse by proprietary institutions of higher education; and (iv) ensure the promotion of quality education programs. (2) Data (A) Industry-wide data The report shall include data on all proprietary institutions of higher education that consists of information regarding— (i) the total amount of Federal education assistance that proprietary institutions of higher education received for the previous academic year, and the percentage of the total amount of Federal education assistance provided to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (ii) the total amount of Federal education assistance that proprietary institutions of higher education received for the previous academic year, disaggregated by— (I) educational assistance in the form of a loan provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (II) educational assistance in the form of a grant provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (III) educational assistance provided under chapter 33 (IV) assistance for tuition and expenses under section 2007 of title 10, United States Code; (V) assistance provided under section 1784a of title 10, United States Code; and (VI) Federal education assistance not described in subclauses (I) through (V); (iii) the percentage of the total amount of Federal education assistance provided to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (iv) the average retention and graduation rates for students pursuing a degree at proprietary institutions of higher education; (v) the average cohort default rate (as defined in section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) (vi) the average pre-enrollment expenditures on a per-enrolled-student basis, including expenditures on recruiting and marketing activities; (vii) the average educational and general expenditures (as defined in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a (viii) for careers requiring the passage of a licensing examination— (I) the passage rate of individuals who attended a proprietary institution of higher education taking such examination to pursue such a career; and (II) the passage rate of all individuals taking such exam to pursue such a career; and (ix) the use of private education loans at proprietary institutions of higher education that includes— (I) an estimate of the total number of such loans; (II) information on the average debt, default rate, and interest rate of such loans; and (III) the names of each lender providing private education loans to borrowers with respect to each proprietary institution of higher education in the prior academic year, including— (aa) the number of borrowers receiving loans from each lender; and (bb) the volume of dollars provided to borrowers with respect to the proprietary institution of higher education by each lender. (B) Data on publicly traded corporations (i) In general The report shall include data on proprietary institutions of higher education that are publicly traded corporations, consisting of information on— (I) any pre-tax profit of such proprietary institutions of higher education— (aa) reported as a total amount and an average percent of revenue for all such proprietary institutions of higher education; and (bb) reported for each such proprietary institution of higher education; (II) revenue for such proprietary institutions of higher education spent on recruiting and marketing activities, student instruction, and student support services, reported— (aa) as a total amount and an average percent of revenue for all such proprietary institutions of higher education; and (bb) for each such proprietary institution of higher education; (III) total compensation packages of the executive officers of each such proprietary institution of higher education; (IV) a list of institutional loan programs offered by each such proprietary institution of higher education that includes information on the default and interest rates of such programs; and (V) the data described in clauses (ii) and (iii). (ii) Disaggregated by ownership The report shall include data on proprietary institutions of higher education that are publicly traded corporations, disaggregated by corporate or parent entity, brand name, and campus, consisting of— (I) the average total cost of attendance at each such proprietary institution of higher education, and information comparing such total cost for each such program to— (aa) the average total cost of attendance— (AA) at each public institution of higher education; and (BB) at each public institution of higher education that offers the same level of education degree or certification as the proprietary institution of higher education; and (bb) the average total cost of attendance— (AA) at all institutions of higher education, including such institutions that are public and such institutions that are private; and (BB) at all institutions of higher education that offer the same level of education degree or certification as the proprietary institution of higher education, including such institutions that are public and such institutions that are private; (II) total enrollment, disaggregated by— (aa) individuals enrolled in programs taken online; (bb) individuals enrolled in programs that are not taken online; and (cc) individuals enrolled in programs taken both online and not online; (III) the average retention and graduation rates for students pursuing a degree at such proprietary institutions of higher education; (IV) the percentage of students enrolled in such proprietary institutions of higher education who complete a program of such an institution within— (aa) the standard period of completion for such program; and (bb) a period that is 150 percent of such standard period of completion; (V) the average total cost of attendance for each program at such proprietary institutions of higher education; (VI) the average cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) (VII) the median Federal educational debt incurred by students who complete a program at such a proprietary institution of higher education; (VIII) the median Federal educational debt incurred by students who start but do not complete a program at such a proprietary institution of higher education; (IX) the job placement rate for students who complete a program at such a proprietary institution of higher education and the type of employment obtained by such students; (X) for careers requiring the passage of a licensing examination, the rate of individuals who attended such a proprietary institution of higher education and passed such an examination; (XI) the number of complaints from students enrolled in such proprietary institutions of higher education who have submitted a complaint to any member entity of the Committee; and (XII) the volume of institutional debt, number of students who owe institutional debts, and average amount of institutional debt owed by each student. (iii) Department of defense and veterans affairs assistance (I) In general To the extent practicable, the report shall provide information on the data described in clause (ii) for individuals using, to pay for the costs of attending such a proprietary institution of higher education, Federal education assistance provided under— (aa) chapter 33 (bb) section 2007 of title 10, United States Code; and (cc) section 1784a of title 10, United States Code. (II) Revenue The report shall provide information on the revenue of proprietary institutions of higher education that are publicly traded corporations that is derived from the Federal education assistance described in subclause (I). (C) Comparison data To the extent practicable, the report shall provide information comparing the data described in subparagraph (B) for proprietary institutions of higher education that are publicly traded corporations with such data for public institutions of higher education disaggregated by State. (3) Accounting of any action For the purposes of paragraph (1)(B), the term any action (A) a complaint filed by a Federal or State agency in a local, State, Federal, or tribal court; (B) an administrative proceeding by a Federal or State agency involving noncompliance of any applicable law or regulation; or (C) any other review, audit, or administrative process by any Federal or State agency that results in a penalty, suspension, or termination from any Federal or State program. 7. For-profit college warning list for parents and students (a) In general Each academic year, the Secretary of Education on behalf of the Committee shall publish a list to be known as the For-Profit College Warning List for Parents and Students (1) that have been sued for financial relief by a Federal or State authority, or through a qui tam action in which the Federal Government has intervened; (2) that are required to pay a debt or incur a liability from a settlement, arbitration proceeding, or final judgment in a judicial proceeding with a Federal or State agency and the case addresses misrepresentation, fraud, liability under sections 3729 through 3733 of title 31, United States Code (commonly known as the False Claims Act (3) that have pending claims for borrower relief discharge under the borrower defense to repayment regulations from students or former students of the institution and the Secretary of Education has formed a group process to consider the claims; (4) that have had any eligibility for participation withdrawn or suspended with respect to— (A) educational assistance in the form of a loan provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) educational assistance in the form of a grant provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (C) educational assistance provided under chapter 33 (D) assistance for tuition and expenses under section 2007 of title 10, United States Code; (E) assistance provided under section 1784a of title 10, United States Code; or (F) Federal education assistance not described in subparagraphs (A) through (E); or (5) that have been deemed ineligible to receive Federal education assistance for the next year or required to repay Federal education assistance previously received in applicable report year. (b) Summary The For-Profit College Warning List for Parents and Students shall include a summary in plain language of the basis of each proprietary institution of higher education’s inclusion on the list. (c) Procedures The Committee shall establish and apply review procedures for the For-Profit College Warning List for Parents and Students, including evaluation and withdrawal proceedings that provide— (1) for adequate written specification of— (A) the procedure for identifying proprietary intuitions of higher education for inclusion on the list; and (B) identified deficiencies at the proprietary institutions of higher education; and (2) for sufficient opportunity for a written response by a proprietary institution of higher education regarding any deficiencies identified by the Committee— (A) within a timeframe determined by the Committee; and (B) prior to the final publication of the For-Profit College Warning List for Parents and Students. (d) Publication Not later than July 1 of each fiscal year, on behalf of the Committee, the Secretary of Education shall publish the For-Profit College Warning List for Parents and Students prominently and in a manner that is easily accessible to parents, current students, prospective students, and other stakeholders. The Secretary of Education may incorporate the For-Profit College Warning List for Parents and Students into preexisting, widely used platforms. | Proprietary Education Interagency Oversight Coordination Improvement Act |
Fairness for American Victims of State-Sponsored Terrorism Act This bill authorizes and provides funding for additional payments from the U.S. Victims of State Sponsored Terrorism Fund. Specifically, the bill (1) provides lump-sum catch-up payments from the fund to 9/11 victims and their families; and (2) makes victims of the 1983 bombing of the U.S. Marine Corps barracks in Beirut and their families eligible for lump-sum catch-up payments from the fund. The bill also rescinds specified unobligated funds that were provided for (1) the Small Business Administration's Paycheck Protection Program, and (2) emergency rental assistance. | 117 S5156 IS: Fairness for American Victims of State-Sponsored Terrorism Act U.S. Senate 2022-11-30 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. 5156 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Mr. Cotton Mr. Sullivan Committee on Banking, Housing, and Urban Affairs A BILL To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. 1. Short title This Act may be cited as the Fairness for American Victims of State-Sponsored Terrorism Act 2. Justice for United States Victims of State Sponsored Terrorism Act (a) In general Section 404 of the Justice for United States Victims of State Sponsored Terrorism Act ( 34 U.S.C. 20144 (1) in subsection (b)— (A) in paragraph (1)(B), in the first sentence, by inserting and during the 1-year period beginning on the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act (B) in paragraph (2)(A), by inserting Not later than 30 days after the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: (ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless— (I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or (II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act ; (3) in subsection (d)(4)— (A) in subparagraph (A), by striking (B) and (C) (B), (C), and (D) (B) in subparagraph (C), by adding at the end the following: (iv) Authorization (I) In general The Special Master shall authorize lump sum catch-up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). (II) Appropriations (aa) In general There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. (bb) Limitation Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ; and (C) by adding at the end the following: (D) Lump sum catch-up payments for beirut barracks bombing victims, spouses, and dependents (i) In general Not later than 1 year after the enactment of the Fairness for American Victims of State-Sponsored Terrorism Act (ii) Public comment The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). (iii) Report Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. (iv) Lump sum catch-up payment reserve fund (I) In general There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. (II) Authorization Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). (III) Appropriations (aa) In general There are authorized to be appropriated and there are appropriated to the lump sum catch-up payment reserve fund $3,000,000,000 to carry out this clause, to remain available until expended. (bb) Limitation Except as provided in sublcause (IV), amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. (IV) Expiration (aa) In general The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). (bb) Remaining amounts All amounts remaining in the lump sum catch-up payment reserve fund in excess of the amounts described in clause (iii) shall be deposited into the Fund under this section. ; (4) in subsection (e), by striking paragraph (2) and inserting the following: (2) Deposit and transfer Beginning on the date of the enactment of this Act, the following shall be deposited or transferred into the Fund for distribution under this section: (A) Criminal funds and property All funds, and the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a criminal penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (B) Civil funds and property Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ; (5) in subsection (g)(1), by striking (e)(2)(A) (e)(2) (6) in subsection (j), by adding at the end the following: (15) 1983 Beirut bombing victim The term 1983 Beirut bombing victim . (b) Rescissions (1) Business Loans Program Account Of the unobligated balances of amounts made available under the heading Small Business Administration—Business Loans Program Account, CARES Act 15 U.S.C. 636(a) (2) Emergency rental assistance Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 ( Public Law 117–2 | Fairness for American Victims of State-Sponsored Terrorism Act |
Nurse Overtime and Patient Safety Act This bill requires certain providers, as a condition of Medicare participation, to limit mandatory overtime for nurses. Specifically, the bill prohibits hospitals, ambulatory surgical centers, home health agencies, rural health clinics, federally qualified health centers, and other specified providers from requiring nurses to work (1) more than a previously scheduled shift, 48 hours in a workweek, or 12 consecutive hours in a 24-hour period; or (2) during the 10 hours immediately following the 12th hour worked in a shift during a 24-hour period. Qualifying work hours include time spent in training, on call, and on standby. The bill's provisions do not apply during declared emergencies or disasters, subject to specified conditions, and do not preclude voluntary overtime. The bill also establishes (1) certain protections for nurses who file complaints against providers, (2) documentation and notice requirements for providers, and (3) potential civil penalties for violations. | 117 S5157 IS: Nurse Overtime and Patient Safety Act U.S. Senate 2022-12-01 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. 5157 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Merkley Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for patient protection by limiting the number of mandatory overtime hours a nurse may be required to work in certain providers of services to which payments are made under the Medicare Program. 1. Short title This Act may be cited as the Nurse Overtime and Patient Safety Act 2. Findings Congress finds as follows: (1) The Federal Government has a substantial interest in assuring that the delivery of health care services to patients in health care facilities is adequate and safe. (2) Research, including a study published in the Health Services Research in October 2014 and a 2019 study from New York University, document the following: (A) Limits on work hours have long been found in high-risk occupational settings where long work hours can adversely affect safety and performance as well as job satisfaction and quality of life. (B) Regulations limiting work hours were first instituted in the 1930s. (C) Adoption of work hour regulations has been slower in the health care sector. (D) A review of the current literature indicates that despite potential pitfalls of discontinuity in care, regulated work hours for nurses improve occupational and patient safety. (E) The work year for registered nurses is substantially longer than the national average by 200 work hours. (F) When nurses with more than one position of employment are taken into account, total nurse work hours may be greater than the estimate above. (G) Furthermore, because nurses frequently work under a 12-hour shift schedule, they not only work extended hours but also return to work often without sufficient time for rest. (H) Newly licensed nurses work an average of 39.4 hours a week, predominantly in 12-hour shifts. (I) More than 13 percent of newly licensed nurses report having a second paid job. (J) New nurses prefer working the day shift, and the preferred shift length is 12 hours. (K) Twelve percent of nurses report working mandatory overtime, and nearly half work voluntary overtime at an average of three hours in a workweek. (3) Nurses working long hours often experience fatigue, poor sleep quality, impaired vigilance, and lack of alertness, which contributes to medical errors and results in other consequences that compromise patient safety, even after controlling for staffing levels and hospital characteristics. (4) 18 States have passed legislation or promulgated regulations restricting mandatory overtime for nurses. 3. Limitations on mandatory overtime for nurses (a) Provider agreements Section 1866 of the Social Security Act 42 U.S.C. 1395cc (1) in subsection (a)(1)— (A) in subparagraph (X), by striking and (B) in subparagraph (Y), by striking the period and inserting , and (C) by inserting after subparagraph (Y) the following new subparagraph: (Z) to comply with the requirements of subsection (l) (relating to limitations on mandatory overtime for nurses). ; and (2) by adding at the end the following new subsection: (l) Limitations on mandatory overtime for nurses For purposes of subsection (a)(1)(Z), the requirements of this subsection are the following: (1) Prohibition on mandatory overtime (A) In general Except as provided in this subsection, a provider of services shall not, directly or indirectly, require a nurse to work— (i) in excess of— (I) a previously scheduled work shift or duty period of the nurse, regardless of the length of the shift; (II) 48 hours in any workweek (as defined in section 778.105 of title 29, Code of Federal Regulations, or any successor regulation); or (III) 12 consecutive hours in a 24-hour period; or (ii) during the 10-hour period immediately following the 12th hour worked in a shift or duty period during a 24-hour period. (B) Hours worked For purposes of subparagraph (A), time spent by a nurse in the following shall be included as hours worked: (i) Required meetings or while receiving education or training. (ii) On call or on standby when the nurse is required to be at the provider of services. (iii) On call or on standby when the nurse is not required to be at the provider of services. (C) Clarification regarding voluntary overtime Nothing in this subsection shall be construed to preclude a nurse from volunteering to work overtime. (2) Exceptions (A) In general Subject to subparagraph (B), the requirements of paragraph (1) shall not apply to a provider of services during a declared emergency or disaster (as defined in paragraph (9)(E)) if the provider is requested, or otherwise is expected, to provide an exceptional level of emergency or other medical services to the community. (B) Limitations With respect to a provider of services to which subparagraph (A) applies, a nurse may only be required to work for periods in excess of the periods described in paragraph (1) if— (i) the provider has made reasonable efforts to fill the immediate staffing needs of the provider through alternative means; (ii) the duration of the work requirement does not extend past the earlier of— (I) the date on which the declared emergency or disaster ends; or (II) the date on which the provider’s direct role in responding to the medical needs resulting from the declared emergency or disaster ends; (iii) a staff vacancy for the next shift becomes known at the end of the current shift; and (iv) there is potential harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member. (3) Whistleblower protections for nurses (A) Right to report (i) In general A nurse may file a complaint with the Secretary against a provider of services who violates the provisions of this subsection. (ii) Procedure The Secretary shall establish a procedure under which a nurse may file a complaint under clause (i). (B) Investigation of complaint The Secretary shall investigate complaints of violations filed by a nurse under subparagraph (A). (C) Actions If the Secretary determines that a provider of services has violated the provisions of this subsection, the Secretary shall require the provider to establish a plan of action to eliminate the occurrence of such violation, and may seek civil money penalties under paragraph (7). (4) Nurse nondiscrimination protections (A) In general A provider of services shall not terminate or propose to terminate, penalize, discriminate, or retaliate in any manner with respect to any aspect of employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, against a nurse who refuses to work mandatory overtime or who in good faith, individually or in conjunction with another person or persons— (i) reports a violation or suspected violation of this subsection to a public regulatory agency, a private accreditation body, or the management personnel of the provider of services; (ii) initiates, cooperates, or otherwise participates in an investigation or proceeding brought by a regulatory agency or private accreditation body concerning matters covered by this subsection; or (iii) informs or discusses with other employees, with representatives of those employees, or with representatives of associations of health care professionals, violations or suspected violations of this subsection. (B) Retaliatory reporting A provider of services may not file a complaint or a report against a nurse with the appropriate State professional disciplinary agency because the nurse refused to comply with a request to work mandatory overtime. (C) Good faith For purposes of this paragraph, a nurse is deemed to be acting in good faith if the nurse reasonably believes— (i) that the information reported or disclosed is true; and (ii) that a violation has occurred or may occur. (5) Notice policy and requirements (A) Requirement to develop a policy and procedure Each provider of services shall develop a policy and have in place procedures to ensure, at a minimum, that— (i) mandatory overtime, when required as described in paragraph (2)(B), is documented in writing; and (ii) mandatory overtime policies and procedures are clearly written, provided to all new nursing staff and readily available to all nursing staff. (B) Requirement to post notice Each provider of services shall post conspicuously in an appropriate location a sign (in a form specified by the Secretary) specifying rights of nurses under this subsection. (C) Right to file complaint Such sign shall include a statement that a nurse may file a complaint with the Secretary against a provider of services who violates the provisions of this subsection and information with respect to the manner of filing such a complaint. (6) Posting of nurse schedules A provider of services shall regularly post in a conspicuous manner the nurse schedules (for such periods of time that the Secretary determines appropriate by type or class of provider of services) for the department or unit involved, and shall make available upon request to nurses assigned to the department or unit the daily nurse schedule for such department or unit. (7) Civil money penalty (A) In general The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of the provisions of this subsection committed by a provider of services. (B) Patterns of violations Notwithstanding subparagraph (A), the Secretary shall provide for the imposition of more severe civil money penalties under this paragraph for providers of services that establish patterns of repeated violations of such provisions. (C) Administration of penalties The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). The Secretary shall publish on the internet site of the Department of Health and Human Services the names of providers of services against which civil money penalties have been imposed under this paragraph, the violation for which the penalty was imposed, and such additional information as the Secretary determines appropriate. With respect to a provider of services that has had a change in ownership, as determined by the Secretary, penalties imposed on the provider of services while under previous ownership shall no longer be published by the Secretary on such internet site after the 1-year period beginning on the date of change in ownership. (8) Rule of construction regarding other rights, remedies, and procedures Nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to nurses under Federal, State, or local laws or under the terms of collective bargaining agreements, memorandums of understanding, or other agreements between such employees and their employers. (9) Definitions In this subsection: (A) Mandatory overtime The term mandatory overtime (B) Overtime The term overtime (C) Nurse The term nurse (D) Provider of services The term provider of services (i) a hospital (as defined in section 1861(e)); (ii) a psychiatric hospital (as defined in section 1861(f)); (iii) a hospital outpatient department; (iv) a critical access hospital (as defined in section 1861(mm)(1)); (v) an ambulatory surgical center; (vi) a home health agency (as defined in section 1861(o)); (vii) a rehabilitation agency; (viii) a clinic, including a rural health clinic (as defined in section 1861(aa)(2)); or (ix) a Federally qualified health center (as defined in section 1861(aa)(4)). (E) Declared emergency or disaster The term declared emergency or disaster 42 U.S.C. 5122 (F) Standards of safe patient care The term standards of safe patient care (10) Relationship to State law Nothing in this subsection shall be construed to preempt any State law that provides greater protections with respect to mandatory overtime for nurses. . (b) Effective date The amendments made by this section shall take effect 1 year after the date of enactment of this Act. 4. Reports (a) Standards on safe working hours for nurses (1) Study The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall conduct a study to establish appropriate standards for the maximum number of hours that a nurse who furnishes health care to patients may work without compromising the safety of such patients. Such standards may vary by provider of service and by department within a provider of services, by duties or functions carried out by nurses, by shift, and by other factors that the Director determines appropriate. The Director may contract with an eligible entity or organization to carry out the study under this paragraph. (2) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under paragraph (1) and shall include recommendations for such appropriate standards of maximum work hours. (b) Report on mandatory overtime in Federally operated medical facilities (1) Study (A) In general The Director of the Office of Management and Budget shall conduct a study to determine the extent to which federally operated medical facilities have in effect practices and policies with respect to overtime requirements for nurses that are inconsistent with the provisions of section 1866(l) of the Social Security Act (B) Federally operated medical facilities defined In this subsection, the term federally operated medical facilities (2) Report Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on the study conducted under paragraph (1) and shall include recommendations for the implementation of policies within federally operated medical facilities with respect to overtime requirements for nurses that are consistent with such section 1866(l), as so added. | Nurse Overtime and Patient Safety Act |
Students' Access to Freedom and Educational Rights Act of 2022 This bill expands protections against discrimination and harassment in federally funded education programs or activities. Among other provisions, the bill (1) establishes statutory standards of liability for harassment and relevant remedies under specified statutes; (2) requires the Department of Education to develop a climate survey on K-12 students' experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking; and (3) establishes training requirements and a grant program for Title IX coordinators. | 111 S5158 IS: Students' Access to Freedom and Educational Rights Act of 2022 U.S. Senate 2022-12-01 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. 5158 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Casey Ms. Hirono Mr. Booker Mr. Whitehouse Ms. Baldwin Committee on Health, Education, Labor, and Pensions A BILL To strengthen civil rights protections against harassment based on sex, race, color, national origin, disability, or age. 1. Short title; table of contents (a) Short title This Act may be cited as the Students' Access to Freedom and Educational Rights Act of 2022 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Prohibition on Harassment Sec. 101. Amendments to title IX of the Education Amendments of 1972. Sec. 102. Amendments to the Rehabilitation Act of 1973. Sec. 103. Amendments to title VI of the Civil Rights Act of 1964. Sec. 104. Amendments to the Age Discrimination Act of 1975. TITLE II—Transparency, training, and support for students Sec. 201. Department of Education enforcement. Sec. 202. Disclosure of religious exemptions from title IX of the Education Amendments of 1972. Sec. 203. Climate surveys for k–12 schools. Sec. 204. Civil Rights Data Collection. Sec. 205. Support for students. Sec. 206. Title IX coordinators and training requirements. 2. Findings Congress finds the following: (1) During a decade of civil rights reforms, Congress passed title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 6101 et seq. (2) Schools are still failing to take necessary steps to prevent harassment on the basis of sex, race, national origin, color, and disability and provide survivors of sexual assault and other forms of harassment—especially women and girls, students of color, LGBTQI+ students, and students with disabilities—the support and services they need to feel safe and learn in school, denying them equal educational opportunities. (3) As the Supreme Court has held in Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992), and Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), covered entities are responsible for preventing and addressing harassment on the basis of sex in their education programs and activities under title IX. Following this principle, courts have similarly required funding recipients to address harassment based on race, color, national origin, and disability in their education programs and activities. (4) Perpetrators of harassment based on sex, race, color, national origin, or disability at school are not limited to students, nor are the victims of such harassment. Incidents have also involved faculty, administrators, coaches, volunteers, other staff members, and visitors. (5) Sexual harassment of students, especially of women and girls, students of color, students with disabilities, and LGBTQI+ students, is widely prevalent in K–12 and higher education. For example— (A) 1 in 5 girls ages 14 through 18 have been kissed or touched without their consent, 58 percent of LGBTQI+ youth ages 13 through 21 have been sexually harassed, and disabled children are 2.9 times more likely than their peers to be sexually assaulted; (B) women and girls of color are more likely to experience sexual harassment in school than their White peers; and (C) in college— (i) more than 1 in 4 women, more than 1 in 15 men, and nearly 1 in 4 transgender, nonbinary, and gender-nonconforming students are sexually assaulted during their time as undergraduates; (ii) 1 in 7 women, 1 in 10 men, and 1 in 5 transgender, nonbinary, and gender-nonconforming students experience dating violence or domestic violence as undergraduates; and (iii) 1 in 10 women, 1 in 33 men, and 1 in 7 transgender, nonbinary, and gender-nonconforming students experience stalking as undergraduates. (6) Students also experience forms of sex-based harassment beyond sexual harassment, such as harassment based on sexual orientation, gender identity, sex characteristics (including intersex status), pregnancy, childbirth, medical conditions related to pregnancy or childbirth, and sex stereotypes. (A) For example, according to one study, 86.3 percent of LGBTQI+ students experienced harassment or assault based on personal characteristics, 77.6 percent reported avoiding school functions, and 71.8 percent reported avoiding extracurricular activities because they felt unsafe or uncomfortable. (B) According to another study, 64 percent of girls who were pregnant or parenting reported not feeling safe at school as a barrier to attending school compared to 32 percent of girls overall. (7) Like sex-based harassment, harassment based on race, color, national origin, and disability remains a problem at educational institutions. (A) Between 2011 and 2016, the National Center for Education Statistics documented a 40-percent increase in college campus hate incidents. According to the Bureau of Justice Statistics, racial bias is the most common motivation behind these hate incidents. (B) The Centers for Disease Control and Prevention has agreed that racism has a profound and negative impact on the mental and physical health of people of color. As such, racist incidents can take a serious toll on students’ overall health and well-being, even affecting their academic performance. A 2021 UCLA study found that young adults who experience discrimination are at higher risk for both short and long-term behavioral and mental health problems that are exacerbated with each incident. (C) According to the Department of Justice, the rate of violence victimization against persons with disabilities is nearly 4 times the rate for nondisabled persons. Nearly 1/3 (8) The Government Accountability Office estimated that about 1 in 4 students aged 12–18 saw hate words or symbols written at schools in 2014–2015, 2016–2017, and 2018–2019. (9) Students also often experience intersectional forms of harassment that, for example, may include sexual harassment that is racialized or harassment based on having a disability and being transgender, among other types of intersectional harassment. (10) Few students report harassment to their schools, often because of shame or self-blame, fear of retaliation, fear of being ignored or disciplined, fear of police or immigration officials, or lack of knowledge of services schools can offer to help. In particular, women and girls of color, women and girls with disabilities, pregnant and parenting students, and LGBTQI+ students are too often disbelieved and met with unsupportive responses, including retaliation, after reporting sexual harassment because of stereotypes that label them as less credible. Men and boys, too, are often disbelieved or dismissed when they report sexual harassment. (11) Failure of a school to comply with title IX, title VI, and section 504 may limit or deny the ability of students, employees, and others to participate in or benefit from the school’s education programs or activities leading to discrimination by creating a hostile learning environment that impedes educational attainment, damages rights to equal educational opportunities, and undermines learning for all. (12) When schools fail to protect student victims of harassment, including by failing to offer supportive measures that are designed to preserve and restore the educational opportunities of the victim, students often suffer in the form of emotional distress, mental health consequences, lower academic achievement, lost scholarships and financial aid, poor school attendance, and decreased school completion rates. Moreover, many schools may respond negatively to harassment by creating additional trauma and harm for the student victim (often by, for example, blaming the student for their victimization or by refusing to help them), which is also known as institutional betrayal (13) The language of title IX is broad and sweeping, making clear that the intent of Congress is to provide avenues of redress for opening the courthouse doors to victims of a wide range of sex discrimination in schools. However, since the passage of title IX, courts have created barriers that make it extraordinarily difficult for survivors to obtain redress from schools through private litigation. (14) In a 5 to 4 opinion in Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998), the Supreme Court held that students subjected to sex-based harassment by their teachers may receive a damages remedy in private litigation under title IX only when school officials with authority to institute correct measures actual notice deliberately indifferent so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school. (15) In contrast, in the workplace, under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. (16) Although they do not affect the relevant standards for individuals to obtain injunctive and equitable relief for harassment on the basis of race, color, sex, national origin, age, or disability under covered programs and activities, the Supreme Court’s decisions in Gebser v. Lago Vista Independent School District and Davis v. Monroe County Board of Education and lower court opinions severely limit the availability of remedies for such individuals by imposing more stringent standards for recovery of damages. Yet in many cases, damages are the only remedy that would effectively rectify past harassment. Further, in 2022, in Cummings v. Premier Rehab Keller PLLC, 142 S. Ct. 1562 (2022), the Supreme Court limited the ability of plaintiffs bringing disability discrimination claims under the Patient Protection and Affordable Care Act ( Public Law 111–148 (17) These limitations thwart the purpose of Congress to protect students from harassment and ensure non-discriminatory educational environments. They create prohibitively high standards for the lawsuits of students regarding harassment based on sex, race, color, national origin, and disability under title IX, title VI, and section 504 that are more onerous than those applicable to workplace harassment lawsuits under title VII. As a result, schools may do less to address harassment against their students than to address the same harassment of their employees. This means that students, who are often children and young adults, must suffer worse harassment than adult employees before they are entitled to a remedy in court. (18) Gebser v. Lago Vista Independent School District, Davis v. Monroe County Board of Education, and subsequent opinions create an incentive for covered entities to insulate themselves from knowledge of harassment rather than adopting and enforcing practices that will minimize the danger of such harassment. These opinions thus undermine the purpose of prohibitions on discrimination in the civil rights laws, which is to induce covered programs or activities to adopt and enforce practices that will minimize the danger that vulnerable students or other persons will be exposed to such odious behavior. (19) Current title IX regulations issued by the Department of Education in 2020 entitled Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (20) Department of Education guidance explains the requirement under title VI and section 504 for institutions to respond to harassment based on disability, race, color, or national origin that is sufficiently serious to deny or limit the ability of a student to participate in or benefit from the education programs and activities of the recipient. (21) Schools with affirming and welcoming environments that provide support and protection against all forms of harassment and discrimination ensure that students have better social, behavioral, academic, and mental health outcomes. (22) Legislative action is necessary and appropriate to restore the access to the courts that was sharply limited by Gebser v. Lago Vista Independent School District, Davis v. Monroe County Board of Education, Cummings v. Premier Rehab, and other court opinions, restore the availability of a full range of remedies for harassment based on sex, race, color, national origin, disability, or age, and prevent discriminatory harassment in schools. Any action needs to take into full account the intersectionality of incidents of harassment in educational programs or activities. Sex-based violence and harassment often harms those populations already most vulnerable at education institutions. (23) In landmark rulings in Price Waterhouse v. Hopkins 490 U.S. 228 (1989) and Bostock v. Clayton County, Ga. (2020), the Supreme Court correctly interpreted title VII to hold that discrimination on the basis of sex stereotypes, sexual orientation, or gender identity necessarily constitute discrimination because of sex (24) Discrimination by State and local governments on the basis of sex, race, color, national origin, age, or disability in education programs and activities receiving Federal financial assistance violates the Equal Protection Clause of the 14th Amendment to the Constitution of the United States. In many circumstances, such discrimination also violates other constitutional rights such as those of liberty and privacy under the Due Process Clause of the 14th Amendment. Congress may validly invoke its powers under the 14th Amendment to provide a full range of remedies in response to discrimination by both private and government actors. (25) In enacting the protections of the amendments made by this Act, Congress is acting pursuant to its authority under section 5 of the 14th Amendment to the Constitution of the United States, the Commerce Clause of section 8 of article I of the Constitution of the United States, and the Spending Clause of section 8 of article I of the Constitution of the United States. (26) Members of Congress have long been advocating for substantive reforms that support student survivors and ensure gender equity in schools, including the HALT on Campus Sexual Violence Act, the Supporting Survivors of Sexual Harassment in Schools Act of 2020, the Patsy T. Mink and Louise M. Slaughter Gender Equity in Education Act, the Stop Sexual Harassment in K–12 Act, and the Exposing Discrimination in Higher Education Act. Provisions from these groundbreaking pieces of legislation serve as the foundation on which any larger comprehensive reform must be built. (27) Restoring the availability of a full range of remedies for harassment will— (A) ensure that students and other persons participating or attempting to participate in federally funded programs and activities have protection from harassment on the basis of sex (including sexual orientation, gender identity, sex characteristics, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and sex stereotypes), race, color, national origin, disability, or age; (B) encourage covered entities to adopt and enforce meaningful policies and procedures to prevent and remedy harassment; (C) deter incidents of harassment; and (D) provide appropriate remedies for harassment. (28) Schools do not harass students on the basis of race, gender, or sex when they teach or incorporate anti-racism principles, diversity, equity and inclusion practices, culturally relevant curriculum and culturally responsive teaching, critical race theory, or otherwise focus the experiences of students of color, women and girls, and LGBTQI+ students. Indeed, such teaching and training, when implemented appropriately, may often further the purposes of the mandate of title VI to prohibit discrimination based on race, color, and national origin and the mandate of title IX to prohibit discrimination based on sex, while also ensuring that schools are advancing equity. I Prohibition on Harassment 101. Amendments to title IX of the Education Amendments of 1972 Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (1) in section 901, by adding at end the following: (d) Liability for sex-Based harassment (1) Harassment by agents, employees, and other persons authorized by the recipient to provide aid, benefit, or service Subject to subsection (e), a recipient shall be liable if its agent, employee, or other person authorized by the recipient to provide aid, benefit, or service under the recipient's program or activity, engages in sex-based harassment against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or opportunity, regardless of where the harassment occurs, if— (A) the harassment is enabled or assisted by the authority exercised as an agent, employee, or other authorized person of the recipient; or (B) the recipient receives notice of the harassment. (2) Harassment by non-agents, non-employees, and other non-authorized persons Subject to subsection (e), a recipient is liable for sex-based harassment if a person who is not its agent, employee, or other authorized person, engages in sex-based harassment against a person who is participating in or receiving any benefit, service, or opportunity from such program or activity, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment. (e) Affirmative defense (1) In general A recipient is not liable in a private action for damages under subsection (d) for sex-based harassment, if the recipient demonstrates that it exercised reasonable care to prevent sex-based harassment and to promptly remedy the effects of the sex-based harassment at issue, including through a demonstration by the recipient that it— (A) established, adequately publicized, and enforced an effective and comprehensive sex-based harassment prevention policy, training, and complaint procedure that is likely to provide redress and to avoid harm without exposing the person subjected to such harassment to undue risk, effort, or expense; (B) if requested by an aggrieved person subjected to sex-based harassment (or the parent or guardian of such person, if such person is a minor), or otherwise necessary to protect such person or other persons in such program or activity from a significant ongoing threat of harm, undertook a prompt, thorough, and impartial investigation of such harassment; (C) provided supportive measures that have the purpose and effect of preserving and restoring a person subjected to sex-based harassment’s equal access to the recipient’s education program or activity, regardless of whether such person requests an investigation; and (D) took other necessary, immediate, and appropriate corrective action designed to stop such harassment and remedy its effects. (2) Not establishing reasonable care A showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by subparagraphs (A) through (D) of paragraph (1). (f) Notice A recipient receives notice of sex-based harassment if an agent, employee, or other authorized person of the recipient, or in the exercise of reasonable care should have known, about the harassment and— (1) has the authority to take action to redress the harassment; (2) has the responsibility to report to an administrator harassment or similar misconduct by others; or (3) receives a report of such harassment from an individual who could reasonably believe that the agent, employee, or other authorized person is as described in paragraph (1) or (2). ; (2) in section 903— (A) in the 1st sentence by inserting (a) Any (B) by adding at the end of the following: (b) Any person aggrieved by the failure of a recipient to comply with section 901, or a rule issued under this title, may bring a civil action in any court of competent jurisdiction. (c) In a civil action brought for a violation of section 901 by or on behalf of a person aggrieved by a violation of section 901, such person may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). ; and (3) by inserting after section 908 the following: 908A. Definitions For purposes of this title— (1) the term gender identity (A) means a person’s internal sense of gender, which could be female, male, or another gender; (B) includes a person’s gender expression, which is how they present their gender identity outwardly, including through appearance, mannerisms, dress, or other gender-related characteristics; and (C) may or may not match their designated sex at birth; (2) the term on the basis of sex (A) sex stereotypes; (B) pregnancy or related conditions, including— (i) childbirth, termination of pregnancy, or lactation; (ii) medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or (iii) recovery from pregnancy, childbirth, termination of pregnancy, lactation, or their related medical conditions; (C) sexual orientation; (D) gender identity; or (E) sex characteristics, including inter-sex traits; (3) the term recipient (4) the term sex-based harassment (A) means conduct on the basis of sex, including conduct of a sexual nature, that unreasonably alters a person’s ability to participate in or receive any benefit, service, or opportunity from an education program or activity that receives Federal financial assistance, including by creating an intimidating, hostile, or offensive environment; and (B) includes an employee, agent, or other person authorized by the recipient to provide an aid, benefit, or service under the recipient’s education program or activity, explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in sexual conduct; and (5) the term sexual orientation . 102. Amendments to the Rehabilitation Act of 1973 (a) Nondiscrimination under federal grants and programs Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (e) Prohibition of harassment on the basis of disability (1) Liability for disability-based harassment Subject to paragraph (2), in an action pursuant to section 505(a)(2), a recipient receiving Federal financial assistance under any program or activity or any program or activity conducted by any Executive agency or by the United States Postal Service shall be liable for harassment on the basis of disability as follows: (A) Harassment by agents, employees, and other persons authorized by the recipient to provide aid, benefits, or services under the recipient’s programs or activities A recipient is liable if its agent, employee, or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s program or activity, engages in harassment on the basis of disability against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or activity, regardless of where the harassment occurs, if— (i) the harassment is enabled or assisted by the authority exercised as an agent, employee, or other authorized person of the recipient; or (ii) the recipient receives notice of the harassment. (B) Harassment by non-agents, non-employees, and other non-authorized persons A recipient is liable for harassment on the basis of disability if a person who is not its agent, employee, or other authorized person, engages in harassment on the basis of disability against a person who is participating in or receiving any benefit, service, or opportunity under such program or activity, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment. (2) Affirmative defense (A) In general A recipient is not liable in a private action for damages under paragraph (1) for harassment on the basis of disability, if the recipient demonstrates that it exercised reasonable care to prevent harassment on the basis of disability, and promptly remedy the effects of the harassment at issue, including through a demonstration by the recipient that it— (i) established, adequately publicized, and enforced an effective and comprehensive harassment prevention policy, training, and complaint procedure that is likely to provide redress and avoid harm without exposing the person subjected to the harassment to undue risk, effort, or expense; (ii) if requested by such person, third party, or otherwise necessary to protect that person or other persons within the program or activity from a significant ongoing threat, undertook a prompt, thorough, and impartial investigation of the harassment at issue; (iii) provided supportive measures that had the purpose and effect of preserving and restoring the aggrieved person’s equal access to the benefits or opportunities of the program or activity, regardless of whether the aggrieved person requested an investigation; and (iv) took other necessary, immediate, and appropriate corrective action designed to stop the harassment and remedy its effects. (B) Not establishing reasonable care A showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by clauses (i) through (iv) of subparagraph (A). (3) Notice A recipient receives notice of harassment on the basis of disability when any of the following individuals knew or, in the exercise of reasonable care, should have known about the harassment: (A) An agent, employee, or other authorized person of the recipient who has the authority to take action to redress the harassment. (B) An agent, employee, or other authorized person of the recipient who has the responsibility to report to an administrator harassment or similar misconduct by others. (C) An agent, employee, or other authorized person of the recipient to whom an individual has made a report of harassment based on the reasonable belief that the agent, employee, or other authorized person is an individual described in subparagraph (A) or (B). (4) Definitions In this subsection: (A) Harassment on the basis of disability The term harassment on the basis of disability (B) Recipient The term recipient . (b) Remedies and right of action Section 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a (1) in subsection (a)(2), by inserting at the end the following: Any person aggrieved by the failure of a recipient to comply with section 504, including any regulation promulgated pursuant to such section, may bring a civil action in any court of competent jurisdiction. (2) by amending subsection (b) to read as follows: (b) Attorney and expert fees and right of recovery (1) In general In any action or proceeding to enforce or charge a violation of a provision of this title, including any regulation promulgated pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and expert fees as part of the costs. (2) Right of Recovery In an action brought against a recipient by (including on behalf of) an aggrieved person, the aggrieved person may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). . 103. Amendments to title VI of the Civil Rights Act of 1964 Section 602 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–1 (1) by striking Each Federal department (a) In general Each Federal department ; and (2) by adding at the end the following new subsection: (b) Prohibition of Harassment as Discrimination (1) Liability for harassment based on race, color, or national origin In an action pursuant to subsection (c) of this section, a recipient shall be liable for harassment on the basis of race, color, or national origin as follows: (A) Harassment by agents, employees, and other persons authorized by the recipient to provide aid, benefits, or services under the recipient's programs or activities Subject to subparagraph (C), a recipient is liable if its agent, employee, or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s program or activity, engages in harassment on the basis of race, color, or national origin against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or opportunity, regardless of where the harassment occurs, if— (i) the harassment is enabled or assisted by the authority exercised as an employee, agent, or other authorized person of the recipient; or (ii) the recipient receives notice of the harassment. (B) Harassment by non-agents, non-employees, and other non-authorized persons Subject to subparagraph (C), a recipient is liable for harassment on the basis of race, color, or national origin if a person who is not its agent, employee, or other authorized person, engages in harassment on the basis of race, color, or national origin against a person who is participating in or receiving any benefit, service, or opportunity from a program or activity receiving Federal financial assistance, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment. (C) Affirmative defense (i) In general A recipient is not liable in a private action for damages under subparagraph (A) or (B) for harassment on the basis of race, color, or national origin, if the recipient demonstrates that it exercised reasonable care to prevent harassment on the basis of race, color, or national origin, and promptly remedied the effects of the harassment at issue, including through a demonstration by the recipient that it— (I) established, adequately publicized, and enforced an effective and comprehensive harassment prevention policy, training, and complaint procedure that is likely to provide redress and avoid harm without exposing the person subjected to the harassment to undue risk, effort, or expense; (II) if requested by such person, or otherwise necessary to protect that person or other persons within the program or activity from a significant ongoing threat, undertook a prompt, thorough, and impartial investigation of the harassment at issue; (III) provided supportive measures that had the purpose and effect of preserving and restoring the aggrieved person’s equal access to the benefits or opportunities of the program or activity receiving Federal financial assistance, regardless of whether the aggrieved person requested an investigation; and (IV) took other necessary, prompt, and appropriate corrective action designed to stop the harassment and remedy its effects. (ii) Not establishing reasonable care A showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by subclauses (I), (II), (III), and (IV) of clause (i). (D) Notice A recipient receives notice of harassment on the basis of race, color, or national origin when any of the following individuals knew or, in the exercise of reasonable care, should have known about the harassment: (i) An agent, employee, or other authorized person of the recipient who has the authority to take action to redress the harassment. (ii) An agent, employee, or other authorized person of the recipient who has the responsibility to report to an administrator harassment or similar misconduct by others. (iii) An agent, employee, or other authorized person of the recipient to whom an individual has made a report of harassment based on the reasonable belief that the agent, employee, or other authorized person is an individual described in clause (i) or (ii). (2) Definitions In this section: (A) Harassment on the basis of race, color, or national origin The term harassment on the basis of race, color, or national origin (B) Recipient The term recipient (c) Remedies and right of action (1) In general Any person aggrieved by the failure of a recipient to comply with this title, including any regulation promulgated pursuant to this title, may bring a civil action in any court of competent jurisdiction. (2) Right of Recovery In an action brought against a recipient by or on behalf of an aggrieved person, the aggrieved person may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). . 104. Amendments to the Age Discrimination Act of 1975 (a) In General Section 303 of the Age Discrimination Act of 1975 ( 42 U.S.C. 6102 (1) by inserting (a) In general.— Pursuant (2) by adding at the end the following: (b) Liability (1) Harassment by agents, employees, and other persons authorized by the recipient to provide aid, benefits, or services under the recipient’s programs and activities Subject to subsection (c), a recipient that receives Federal financial assistance for a program or activity is liable if its agent, employee, or other person authorized by the recipient to provide aid, benefit, or service under the recipient's program or activity, engages in age-based harassment against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or opportunity, regardless of where the harassment occurs, if— (A) the harassment is enabled or assisted by the authority exercised as an employee, agent, or other authorized person of the recipient; or (B) the recipient receives notice of the harassment. (2) Harassment by non-agents, non-employees, and other non-authorized persons Subject to subsection (c), a recipient that receives Federal financial assistance for a program or activity is liable for age-based harassment if a person who is not its agent, employee, or other authorized person, engages in age-based harassment against a person who is participating in or receiving any benefit, service, or opportunity from such program or activity, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment. (c) Affirmative defense (1) In general A recipient is not liable in a private action for damages under subsection (b) for age-based harassment if it demonstrates that it exercised reasonable care to prevent age-based harassment and to promptly remedy the effects of the age-based harassment at issue, including through a demonstration by the recipient that it— (A) established, adequately publicized, and enforced an effective and comprehensive age-based harassment prevention policy, training, and complaint procedure that is likely to provide redress and to avoid harm without exposing the person subjected to such harassment to undue risk, effort, or expense; (B) if requested by the aggrieved person, or otherwise necessary to protect such person or other persons in such program or activity from a significant ongoing threat of harm, undertook a prompt, thorough, and impartial investigation of such harassment; (C) provided supportive measures that have the purpose and effect of preserving and restoring an aggrieved person’s equal access to the benefits, services, or opportunities of the program or activity involved, regardless of whether such person requests an investigation; and (D) took other necessary, immediate, and appropriate corrective action designed to stop such harassment and remedy its effects. (2) Not establishing reasonable care A showing that the harassment did not recur after the recipient receives notice of the harassment does not establish reasonable care absent the demonstration required by subparagraphs (A) through (D) of paragraph (1). (d) Notice A recipient receives notice of age-based harassment if an agent, employee, or other authorized person of the recipient knew, or in the exercise of reasonable care should have known, about the harassment and— (1) has the authority to take action to redress the harassment; (2) has the responsibility to report to an administrator harassment or similar misconduct by others; or (3) receives a report of such harassment from an individual who could reasonably believe that the agent, employee, or other authorized person is as described in paragraph (1) or (2). . (b) Conforming amendment Section 304(b) of the Age Discrimination Act of 1975 ( 42 U.S.C. 6103(b) (1) in paragraph (1), by striking It shall Subject to section 305(h)(3), it shall (2) in paragraph (2), by striking The provisions Subject to section 305(h)(3), the provisions (c) Remedies and right of action Section 305 of the Age Discrimination Act of 1975 ( 42 U.S.C. 6104 (g) Any person aggrieved by the failure of a recipient to comply with this title, or a rule issued under this title— (1) may bring a civil action in any court of competent jurisdiction; and (2) notwithstanding subsection (e), may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). (h) Notwithstanding any other provision of this section, in the case of alleged age-based harassment in a program or activity of an entity described in subparagraph (B) of section 309(4)— (1) an aggrieved person shall not be required to exhaust administrative remedies; (2) the relief described in subsection (g)(2) shall be available; and (3) the provisions of paragraph (1) and (2) of section 304(b) shall not apply. . (d) Definitions Section 309 of the Age Discrimination Act of 1975 ( 42 U.S.C. 6107 (1) in paragraph (3), by striking and (2) in paragraph (4), by striking the period and inserting a semicolon; and (3) by adding at end the following: (5) the term age-based harassment (6) the term recipient . II Transparency, training, and support for students 201. Department of Education enforcement (a) Disclosure of enforcement actions (1) Amendment The Department of Education Organization Act ( 20 U.S.C. 3401 et seq. (A) in section 203(b), by adding at the end the following new paragraphs: (3) The Assistant Secretary for Civil Rights shall make publicly available on the Department’s website a list of each recipient of Federal financial assistance from the Department that is under investigation for a possible violation of any civil rights law that the Department enforces, the sanctions (if any) or findings issued pursuant to such investigation, and a copy of the final resolution letter, including resolution agreements, entered into by such recipient with the Secretary under any of the civil rights laws enforced by the Department. Any document made publicly available shall have personally identifiable information redacted from it. (4) Not later than 30 days after the termination of any resolution agreement described in paragraph (3), the Assistant Secretary for Civil Rights shall transmit to the President and the Congress, and make publicly available on the Department’s website, the letter terminating the Department of Education’s monitoring of such agreement. ; and (B) in section 205, by adding at the end the following new subsection: (c) Notwithstanding section 498A(b)(8) of the Higher Education Act of 1965, the Assistant Secretary for Postsecondary Education shall make publicly available on the Department’s website a list of each institution under investigation for a possible violation of section 485(f) of the Higher Education Act of 1965, the sanctions (if any) or findings issued pursuant to such investigation, and a copy of program reviews and resolution agreements entered into by such institution with the Secretary. Any document made publicly available shall have personally identifiable information redacted from it. . (2) Inspector general Not later than one year after the date of enactment of this Act, the Inspector General of the Department of Education shall submit to Congress and make publicly available a report reviewing compliance with paragraphs (3) and (4) of section 203(b) of the Department of Education Organization Act ( 20 U.S.C. 3413(b) 20 U.S.C. 3415 (b) Authority To levy fines Section 203(c) of the Department of Education Organization Act ( 20 U.S.C. 3413(c) (1) in paragraph (3), by striking and (2) in paragraph (4), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (5) to impose a civil penalty to be paid by a recipient of Federal funds that has violated a law under the jurisdiction of the Office for Civil Rights, the amount of which shall be determined by the gravity and magnitude of the violation, and the imposition of which shall not preclude other remedies available under Federal law. . 202. Disclosure of religious exemptions from title IX of the Education Amendments of 1972 (a) Amendment to higher education act of 1965 Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 (n) Disclosure of religious exemptions from title IX of the education amendments of 1972 Each institution of higher education receiving Federal funds participating in any program under this title that claims or intends to exercise a religious exemption to the requirements of title IX of the Education Amendments of 1972 shall submit in writing to the Assistant Secretary for Civil Rights a statement by the highest ranking official of the institution of higher education, identifying the provisions of part 106 of title 34, Code of Federal Regulations, the application of which may conflict with a specific tenet of the religious organization that controls the institutions of higher education and shall publish on its website, in a prominent location, the following: (1) Request letter Each letter submitted by the institution to the Department to request such an exemption. (2) Exemption letter Each letter from the Department to the institution that responds to a request for assurance of such an exemption. (3) Notice of request Notice that the institution has requested acknowledgment of such an exemption under section 901(a)(3) of the Education Amendments of 1972. (4) Notice of exemption If applicable, notice that the institution has received acknowledgment of such an exemption under section 901(a)(3) of the Education Amendments of 1972. (5) Covered applications A list of the specific applications of statutory or regulatory provisions for which there is an applicable requested or granted exemption, including any personal characteristics or behaviors to which each requested or granted exemption applies. (6) Scope of exemption A list of each statutory and regulatory provision with respect to which there is an application from which the institution has claimed an exemption and the scope of such exemption. . (b) Disclosures of requests for exemptions Section 203 of the Department of Education Organization Act ( 20 U.S.C. 3413 (d) The Assistant Secretary for Civil Rights shall publish, on the Department’s website, in a prominent location, information regarding religious exemptions to the requirements of title IX of the Education Amendments of 1972, including the name of each recipient of Federal financial assistance from the Department that claims an exemption, whether that recipient received an acknowledgment of such exemption from the Assistant Secretary, and a description of the nature and scope of that exemption (including each provision of the statute or regulations with respect to which there is an application from which the recipient has claimed an exemption, the scope of applications for which the exemption was claimed, and justification for the exemption). . 203. Climate surveys for k–12 schools (a) In general The Secretary, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, the Secretary of Health and Human Services, and experts in domestic violence, dating violence, sexual assault, disability, sexual harassment, and stalking, shall, in accordance with applicable privacy laws, develop, design, and make available through a secure and accessible online portal, a standardized online survey tool regarding the experience of elementary school and secondary school students with domestic violence, dating violence, sexual assault, sexual harassment, and stalking. (b) Development of survey tool In developing the survey tool required under subsection (a), the Secretary shall— (1) use best practices from peer-reviewed research measuring domestic violence, dating violence, sexual assault, sexual harassment, and stalking; (2) consult with the education community, experts in survey research related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking, and organizations engaged in the prevention of and response to, and advocacy on behalf of victims of, domestic violence, dating violence, sexual assault, sexual harassment, and stalking regarding the development and design of such survey tool and the methodology for administration of such survey tool; (3) provide opportunity for stakeholder feedback through public listening sessions or a 30-day open comment period; (4) ensure that the survey tool is readily accessible to and usable by individuals with disabilities and publicly accessible in multiple languages, accessibility formats, and provided in a language that parents, family, and community members can understand; and (5) ensure that the survey questions are different for staff and students and for different age groups in order to ensure that the questions are developmentally appropriate. (c) Elements (1) In general The survey tool developed pursuant to this section shall be fair and unbiased, be scientifically valid and reliable, and meet the highest standards of survey research. (2) Survey questions Survey questions included in the survey tool developed pursuant to this section shall— (A) be designed to gather information on student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including the experiences of victims of such incidents; (B) use trauma-informed language to prevent retraumatization; and (C) include age-appropriate questions— (i) that give students the option to report their demographic information; (ii) designed to determine the incidence and prevalence of domestic violence, dating violence, sexual assault, sexual harassment, and stalking whether the incident occurred on or off campus, and whether carried out in whole or in part through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology; (iii) regarding whether students know about institutional policies and procedures related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking; (iv) designed to determine, if complainants reported domestic violence, dating violence, sexual assault, sexual harassment, or stalking— (I) to whom the incident was reported and what response, including any supportive measures, the complainant may have received; (II) whether the complainant was informed of, or referred to, national, State, local, or on-site resources; and (III) whether the entity to whom the complainant reported the incident conducted an investigation and the duration and final resolution of such an investigation; (v) regarding contextual factors, such as whether force, incapacitation, or coercion was involved; (vi) to determine whether an accused individual was a student, faculty, staff, administrator, or third-party vendor at the elementary school or secondary school in which the complainant is enrolled or another school served by the local educational agency that serves the elementary school or secondary school; (vii) to determine whether a complainant reported an incident to State, local, or school-based law enforcement; (viii) to determine why the complainant chose to report or not report an incident to the school or local educational agency or State or local law enforcement; (ix) to determine the impact of domestic violence, dating violence, sexual assault, sexual harassment, and stalking on the complainant’s education, including diminished grades, dropped classes, leaves of absence, and negative financial consequences (including costs associated with counseling, medical services, or housing changes); (x) to determine if a complainant was punished in connection with reporting the incident or for ancillary behavior related to the incident (such as punishment for missing class because of mental health impacts for fear of perpetrator, being placed on academic probation for declining grades related to trauma following incident, and more); (xi) to determine the impact and effectiveness of prevention and awareness programs and complaints processes for the overall student body and different student populations, including— (I) students of color; (II) LGBTQI+ students; (III) immigrant students; (IV) pregnant, expectant, or parenting students; or (V) students with disabilities; and (xii) to determine attitudes toward sexual violence and harassment, including the willingness of individuals to intervene as a bystander of sex-based (including on the basis of sex stereotypes, pregnancy, childbirth or a related medical condition, sexual orientation and gender identity, or sex characteristics), race-based, national origin-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, sexual assault, sexual harassment, and stalking. (3) Additional topics States and local educational agencies may add additional questions to the survey tool developed pursuant to this section as they determine appropriate. (d) Additional elements In addition to the standardized questions developed by the Secretary under subsection (c), an elementary school or secondary school may request additional information from students that would increase the documentation, through qualitative and quantitative evidence of the elementary school or secondary school of school climate factors unique to the school. (e) Responses The responses to the survey questions described in subsection (c) shall— (1) be submitted confidentially; and (2) in the case of such responses being included in a report described in subsection (g), not include personally identifiable information. (f) Administration of survey (1) Federal administration The Secretary, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, and Secretary of Health and Human Services, shall develop a mechanism by which local educational agencies may, with respect to the survey tool developed pursuant to this section— (A) administer such survey tool in compliance with applicable privacy laws; and (B) modify such survey tool to include additional elements or requirements, as determined by the elementary school or secondary school. (2) Costs The Secretary may not require a local educational agency to pay to modify the survey tool in accordance with paragraph (1)(B). (3) Accessibility The Secretary shall ensure that the survey tool is administered in such a way as to be readily accessible to and usable by individuals with disabilities. (4) Administration Beginning not later than 1 year after the date on which the Secretary makes available to local educational agencies the mechanism described in paragraph (1), and every 2 years thereafter, each local educational agency that receives Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) shall administer the survey tool developed pursuant to this section. (5) Completed surveys The Secretary shall require each local educational agency that receives Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) to ensure, to the maximum extent practicable, that an adequate, random, and representative sample size of students (as determined by the Secretary) enrolled in the local educational agency complete the survey tool developed pursuant to this section. (6) Personally identifiable information Information from the survey tool shall not be disaggregated or reported if the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (g) Report Beginning not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall, in accordance with applicable privacy laws and in accordance with subsection (f)(6)— (1) prepare a 2-year report on the information gained from the standardized elements of the survey under this section, which shall include school-level data that permits comparisons across elementary schools and secondary schools; (2) publish such report in an accessible format on the website of the Department of Education; and (3) submit such report to Congress. (h) Publication Each elementary school or secondary school shall publish, in accordance with applicable privacy laws and with subsection (f)(6) and in a manner that is readily accessible and usable by individuals, including individuals with disabilities— (1) the results of the standardized elements of the survey under this section on the website of the elementary school or secondary school; and (2) the results of the additional elements modifying the survey by the elementary school or secondary school, if any, on the school's website. (i) Definitions In this section: (1) ESEA terms The terms elementary school local educational agency secondary school 20 U.S.C. 7801 (2) Personally identifiable information The term personally identifiable information (A) the student's name, whether given at birth or time of adoption, or resulting from a lawful change of name; (B) the name of the student's parent or another family member; (C) the address of the student or another family member; (D) a personal identifier, such as the student's social security number, student number, or biometric record; (E) another indirect identifier, such as the student's date of birth, place of birth, or mother's maiden name; and (F) other information that, alone or in combination, is linked or linkable to the student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. (3) Secretary The term Secretary (4) Sexual harassment The term sexual harassment (A) a sexual advance; (B) a request for sexual favors; (C) a sexual act, where such submission is made either explicitly or implicitly a term or condition of a program or activity at a school or school activity, regardless of a student’s submission to or rejection of such sexual act; (D) a sexual act, where such submission or rejection is used as the basis for a decision affecting a term or condition of a program or activity at a school or school activity, regardless of a student’s submission to or rejection of such sexual act; (E) other conduct of a sexual nature; or (F) domestic violence, intimate partner violence (dating violence), and sex-based stalking. 204. Civil Rights Data Collection The Assistant Secretary of Education for Civil Rights shall collect and publish within the Civil Rights Data Collection, in addition to data already collected and in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 20 U.S.C. 3413(c)(1) (1) the prevalence of harassment based on race, color, national origin, sex, and disability, as determined through reports made in schools; and (2) the results of complaint procedures related to such harassment in schools. 205. Support for students (a) Student victim support and resources The Secretary of Education shall require Title IX Coordinators and school administrators, upon receiving notice of possible sex-based harassment, to notify the complainant in writing and orally, about available assistance to support the complainant of sexual harassment and ensure the complainant's continued and equal access to education, regardless of the location of the harassment, including— (1) academic adjustment or other accommodations, such as adapting course schedules, assignments, or tests, issuing no-contact orders, altering housing, or taking other measures to ensure the complainant’s access to educational opportunities is not interrupted after a report has been made or during a grievance process; (2) information about and access to support services for the complainant, such as counseling, mental health and other health services, and disability accommodations; (3) providing increased monitoring or supervision at locations or activities where the misconduct occurred or may have occurred; and (4) reasonable accommodations for complainants and respondents with disabilities, including pre-existing disabilities and disabilities arising out of sex-based harassment, consistent with laws that protect students with disabilities, including section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 42 U.S.C. 12101 et seq. 20 U.S.C. 1400 et seq. (b) Protection for student victims and reporting parties Working in collaboration with the Title IX Coordinator, institutions of higher education and local educational agencies shall issue guidance and disseminate guidance that explicitly address protections for students from punishment or retaliation when making reports of sexual harassment. Guidance shall be issued to all persons who participate in or receive any benefit, service, or opportunity from the issuing institution of higher education or local educational agency. Such guidance shall apply to all reports of harassment, including in the context of a same-gender relationship or encounter, and ensure that for all reports of sexual harassment— (1) the school will not take disciplinary action against individuals, including witnesses, disclosing code-of-conduct offenses that are related to the reported incident, including the use of intoxicating substances occurring at or around the time of a reported incident, reasonable actions taken to defend against harassment, or actions taken to avoid contact with the respondent; (2) if a school’s code-of-conduct prohibits sexual activity (or certain forms of sexual activity), the school will not take disciplinary action against individuals disclosing in good faith (including witnesses) non-harassing sexual activity related to the reported incident, or for other non-harassing sexual activity discovered during an investigation into the reported incident; (3) the Title IX Coordinator shall review any disciplinary actions related to a complaint of harassment to ensure that such actions do not further discriminate or harass a complainant (such as requiring therapy or participation in programming focused on altering a student’s sexual orientation or gender identity); (4) a party who reports harassment shall not be disciplined for a false report (5) the school will address reports of retaliation against complainants, which may include investigation or discipline for retaliation. (c) Definitions In this section: (1) ESEA terms The terms elementary school local educational agency secondary school 20 U.S.C. 7801 (2) Institution of higher education The term institution of higher education 20 U.S.C. 1002 (3) Sexual harassment The term sexual harassment (4) Title ix coordinator The term Title IX Coordinator 20 U.S.C. 1681 et seq. 206. Title IX coordinators and training requirements (a) Duties and scope of title IX Coordinators (1) In general For each local educational agency or institution of higher education that receives Federal financial assistance from the Department of Education, the following requirements shall apply as a condition on continued receipt of such assistance: (A) The recipient shall designate at least one full-time equivalent employee to serve as a Title IX Coordinator per institution of higher education, per 75,000 students in 7th grade or above served by the local educational agency, and per 150,000 students in 6th grade or below served by the local educational agency. (B) The local educational agency or institution of higher education shall ensure students and staff are made aware of the Title IX Coordinator, the role of the Title IX Coordinator, and the time at which the Title IX Coordinator is available to meet. (C) The Title IX Coordinator shall not have any other school-related responsibilities that may create a conflict of interest. (2) Duties Each Title IX Coordinator for a local educational agency or institution of higher education shall ensure compliance under Federal, State, and local laws and policies against sex discrimination, including title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (A) Ensuring that every individual affected by the operations of the local educational agency or institution of higher education, including students, employees, and applicants for admission or employment, and where appropriate, parents and guardians, are aware of their rights under Federal, State, and local laws and policies against sex discrimination, including under title IX of the Education Amendments of 1972, and that the local educational agency or institution of higher education and its employees comply with those laws and policies, including receiving training on the laws and policies. (B) Ensuring that notices of nondiscrimination, relevant policies and grievance procedures, and current contact information of all Title IX Coordinators are disseminated broadly and in an age-appropriate and accessible manner to all students, employees, and applicants for admission or employment, and where appropriate, parents and guardians, including on school websites and in school handbooks. (C) Monitoring complaints alleging harassment, including sexual harassment, and other forms of discrimination based on sex (including sexual orientation, gender identity, sex characteristics, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and sex stereotypes), including supportive measures offered to complainants, reasonable accommodations for complainants and respondents with disabilities, and the outcomes of complaints. (D) Identifying patterns of sex discrimination from complaints and addressing their impact on the educational community. (E) Monitoring the education program or activity for barriers to reporting information about conduct that may constitute sex discrimination under title IX of the Education Amendments of 1972 and taking steps reasonably calculated to address such barriers. (F) Coordinating dissemination, collection, and analysis of climate surveys described in section 203, and identifying and proactively addressing sex discrimination in the local educational agency or institution of higher education based on the results of climate surveys. (G) Overseeing age-appropriate, accessible, and trauma-informed sexual harassment prevention education and training provided to school employees and students at least once per school year and ensuring that such prevention education and training include diverse communities and identities, informed by research, and conducted in partnership with local rape crisis centers, State sexual assault coalitions, or community organizations that work on addressing sex discrimination, including sexual harassment in schools. (3) Waiver authorized for local educational agencies (A) In general (i) Requesting a waiver A local educational agency described in paragraph (1) may request a waiver from the Secretary of one or more of the requirements of such paragraph on the basis that the requirement poses an insurmountable financial burden to the agency and the agency has been unable to secure sufficient grants under paragraph (4). (ii) Alternative plan (I) In general The waiver process shall include requiring the local educational agency to submit an alternative plan for ensuring that students are aware of their rights under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (II) Alternative plan An alternative plan submitted under subclause (I) shall include, at a minimum, a demonstration that the local educational agency has entered into a partnership with a local rape crisis center or a national or community-based organization that specializes in trauma or crisis management and support. Such a plan shall establish a clear delineation of the roles and responsibilities of the center or organization with the local educational agency, which also includes providing preventative training and supporting measures when addressing reports of sex-based harassment. (B) Withholding assistance If a local educational agency has a waiver approved under this paragraph but does not follow the alternative plan, or the Secretary determines the plan was insufficient to prevent and respond to sexual harassment and assault, the Secretary shall attempt a voluntary resolution. If a voluntary resolution is not possible during a reasonable period of time, the Secretary shall take such action as may be appropriate to withhold Federal financial assistance. (C) Length of waiver A waiver granted under this paragraph shall be valid for 2 years. (4) Authorization of funds for grants (A) In general To carry out this subsection, there are authorized to be appropriated to the Secretary $100,000,000 for grants to local educational agencies and institutions of higher education described in paragraph (1) to offset the financial burden of satisfying the requirements of this subsection. In making grants under this paragraph, the Secretary shall give priority to local educational agencies and institutions of higher education that otherwise would face a high financial burden in fulfilling such requirements. (B) Definition of institution of higher education In this paragraph, the term institution of higher education 20 U.S.C. 1001 (b) Training Requirements (1) Training program (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Attorney General and in consultation with national, State, or local victim services organizations, local educational agencies, and institutions of higher education, shall develop a training program, which may include online training modules, for training each individual who is involved in implementing student grievance procedures at an institution of higher education or local educational agency that receives Federal financial assistance from the Department of Education, including each individual who is responsible for resolving complaints of reported sex-based harassment, including domestic violence, dating violence, sexual assault, sexual harassment, stalking, or sexual misconduct policy violations, such as an investigator, decision-maker, informal resolution facilitator, or Title IX Coordinator. (B) Contents The training described in subparagraph (A) shall include the following: (i) The role and responsibility of Title IX Coordinators. (ii) Information and evidence-based best practices for increasing awareness about rights and obligations under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (iii) Information and evidence-based best practices for investigating and responding to claims of violations of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (I) information on working with and interviewing persons subjected to sex-based harassment, including domestic violence, dating violence, sexual assault, sexual harassment, or stalking; (II) information on particular types of conduct that would constitute sex-based harassment, including domestic violence, dating violence, sexual assault, sexual harassment, or stalking, regardless of gender, including same-sex incidents of domestic violence, dating violence, sexual assault, sexual harassment, or stalking; (III) information on consent, and what factors, including power dynamics, may impact whether consent is voluntarily given, including the effect that drugs or alcohol may have on an individual’s ability to consent and information on consent for individuals with disabilities or individuals who are neurodivergent; (IV) the effects of trauma, including the neurobiology of trauma; (V) training regarding the use of trauma-informed interview techniques, and reasonable accommodations for interviewees with disabilities; (VI) cultural awareness training regarding how sex-based harassment, including domestic violence, dating violence, sexual assault, sexual harassment, or stalking may impact students differently depending on their cultural background; (VII) information on sexual assault dynamics, sexual assault perpetrator behavior, and barriers to reporting; (VIII) the dynamics of power and control within intimate partner violence and reactive abuse; (IX) safety risks for victims associated with reporting abuse or seeking help; (X) information on harassment and abuse of LGBTQI+ students; and (XI) information on harassment and abuse of disabled students. (iv) For Title IX Coordinators, additional training on information and evidence-based best practices for identifying and preventing implicit and explicit sex discrimination in all areas and at all levels of education, including— (I) recruitment and admissions; (II) teaching practices, textbooks, and curricula; (III) campus safety and security; (IV) financial assistance; (V) access to facilities, resources, and housing; (VI) access to course offerings; (VII) student health services and insurance benefits; (VIII) counseling and career guidance; (IX) athletics; (X) discipline policies; (XI) employment; and (XII) other areas that the Assistant Secretary for Civil Rights of the Department of Education determines are relevant for such purposes. (2) Institutional training Each institution of higher education or local educational agency that receives Federal financial assistance from the Department of Education, shall ensure that the individuals and employees described in paragraph (1)(A) receive the training described in this subsection not later than the first July 15 following the date that is 1 year after the date on which the Secretary completes the development of the training, and annually thereafter. (3) Authorization of funds for grants for training for local educational agencies There are authorized to be appropriated to the Secretary $50,000,000 for grants to local educational agencies to train elementary school and secondary school teachers and other school staff on how to prevent, recognize, and respond to signs of sexual harassment and assault among students or between students and adults, as well as grooming behaviors of adults toward students at school. (4) Authorization of funds for grants for training for institutions of higher education (A) In general There are authorized to be appropriated to the Secretary $50,000,000 for grants to institutions of higher education to train faculty, staff, and administrators on how to prevent, recognize, and respond to signs of sexual harassment and assault among students or between students and employees, as well as grooming behaviors of adults toward students. (B) Definition of institution of higher education In this paragraph, the term institution of higher education 20 U.S.C. 1001 (c) Definitions In this section: (1) ESEA terms The terms elementary school local educational agency secondary school 20 U.S.C. 7801 (2) Grooming The term grooming (3) Institution of higher education Except as otherwise provided, the term institution of higher education 20 U.S.C. 1002 (4) Secretary The term Secretary (5) Sexual harassment The term sexual harassment (6) Title IX Coordinator The term Title IX Coordinator | Students' Access to Freedom and Educational Rights Act of 2022 |
Human Trafficking Prevention Act of 2022 This bill requires the posting of contact information of the national human trafficking hotline in specific places. Specifically, the information must be posted in a visible place in all federal buildings; in the restrooms of each U.S. aircraft, airport, over-the-road bus, bus station, passenger train, and passenger railroad station; and at each port of entry. | 117 S5159 IS: Human Trafficking Prevention Act of 2022 U.S. Senate 2022-12-01 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. 5159 IN THE SENATE OF THE UNITED STATES December 1, 2022 Ms. Hassan Mr. Risch Ms. Rosen Mr. Rubio Committee on Health, Education, Labor, and Pensions A BILL To amend the Trafficking Victims Protection Act of 2000 to direct the Secretary of Transportation to seek to provide for the posting of contact information of the national human trafficking hotline in the restrooms of each aircraft, airport, over-the-road bus, bus station, passenger train, and passenger railroad station operating within the United States, and for other purposes. 1. Short title This Act may be cited as the Human Trafficking Prevention Act of 2022 2. Posting of national human trafficking phone number in certain restrooms Section 107(b)(1)(B)(ii) of the Trafficking Victims Protection Act of 2000 (enacted as division A of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7105(b)(1)(B)(ii) (1) striking the third sentence; and (2) inserting after the period at the end the following: The contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) shall be posted as follows: (I) In a visible place in all Federal buildings. (II) The Secretary of Transportation, in consultation with the Secretary of Health and Human Services, shall seek to coordinate with the owners and operators of aircraft, airports, over-the-road buses, bus stations, passenger trains, and passenger railroad stations to place the contact information of the national human trafficking hotline in the restrooms of each such aircraft, airport, over-the-road bus, bus station, passenger train, and passenger railroad station operating within the United States. (III) The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and in coordination with the heads of such other Federal agencies as may be appropriate, shall place the contact information of the national human trafficking hotline at each port of entry. . | Human Trafficking Prevention Act of 2022 |
Advanced Air Mobility Coordination and Leadership Act This act directs the Department of Transportation to establish an Advanced Air Mobility (AAM) interagency working group to plan and coordinate efforts related to the safety, infrastructure, physical security, cybersecurity, and federal investment necessary to bolster the AAM ecosystem, particularly passenger-carrying aircraft, in the United States. Advanced Air Mobility refers to an air transportation system that moves people and cargo between places using new aircraft designs that are integrated into existing airspace operations as well as operated in local, regional, intraregional, rural, and urban environments. Additionally, the Government Accountability Office must study and report to Congress on the interests, roles, and responsibilities of federal, state, local, and tribal governments affected by AAM aircraft and operations. | 117 S516 IS: Advanced Air Mobility Coordination and Leadership Act U.S. Senate 2021-03-01 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. 516 IN THE SENATE OF THE UNITED STATES March 1, 2021 Mr. Moran Ms. Sinema Committee on Commerce, Science, and Transportation A BILL To plan for and coordinate efforts to integrate advanced air mobility aircraft into the national airspace system, and for other purposes. 1. Short title This Act may be cited as the Advanced Air Mobility Coordination and Leadership Act 2. Advanced air mobility working group (a) In general Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish an advanced air mobility interagency working group (in this section referred to as the working group (b) Sense of congress It is the sense of Congress that Advanced Air Mobility (AAM) represents a key area of sustainable transportation and economic growth for the United States and globally, and that it is imperative that the United States take a leadership role in the adoption and furtherance of this technology. Therefore, given the path to initial operations is taking place utilizing today’s regulatory framework, it is critical that government agencies collaborate and focus on taking this vital industry to the next level. (c) Purpose The purpose of the working group established under this section is to plan for and coordinate efforts related to the physical and digital security, safety, infrastructure, and Federal investment necessary for maturation of the AAM ecosystem in the United States in order to— (1) further United States leadership; (2) grow new transportation options; (3) amplify economic activity and jobs; (4) advance environmental sustainability and new technologies; and (5) support emergency preparedness and competitiveness. (d) Membership The working group shall be comprised of at least 1 representative of each of the following Federal departments and agencies: (1) Department of Transportation. (2) Federal Aviation Administration. (3) National Aeronautics and Space Administration. (4) Department of Commerce (5) Department of Defense. (6) Department of Energy. (7) Department of Homeland Security. (8) Department of Agriculture. (9) Department of Labor. (10) Such other departments or agencies as the Secretary of Transportation determines appropriate. (e) Coordination The working group shall engage with aviation industry and labor stakeholders, certifying organizations, and others determined appropriate by the Secretary of Transportation, including— (1) manufacturers of avionics, AAM aircraft, propulsion systems, structures, and air traffic management systems; (2) operators of AAM aircraft; (3) air carriers and general aviation operators; (4) airports; (5) fixed-based operators; (6) labor representatives of pilots, air traffic controllers, and aviation safety inspectors; (7) State, local, and Tribal officials or public agencies, with representation of both urban and rural areas; (8) first responders; (9) groups representing environmental interests; (10) electric utilities, energy providers and market operators; (11) academia with experience working with industry on new technology and commercialization; and (12) training and maintenance providers. (f) Review and examination Not later than 1 year after the working group is established under subsection (a), the working group shall complete a review and examination of, at a minimum— (1) the steps which will mature AAM past initial operations; (2) the evaluation of physical and digital security and safety requirements involved with future air traffic control concepts which might be considered as part of evolving AAM to higher levels of traffic density; (3) current Federal programs and policies that could be leveraged to advance the maturation of the AAM industry; (4) infrastructure, including aviation, surface and energy infrastructure, physical and digital security, and utilities necessary to accommodate and support expanded operations of AAM after initial implementation; (5) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency response, and transportation benefits; and (6) other factors that may limit the full potential of the AAM industry, including community acceptance of such operations. (g) AAM national strategy Based on the review and examination performed under subsection (f), the working group shall develop an AAM National Strategy that includes— (1) recommendations regarding the safety, security, infrastructure, air traffic concepts, and other Federal investment or actions necessary to support the evolution of early AAM to higher levels of activity and societal benefit; and (2) a comprehensive plan detailing the roles and responsibilities of each Federal department and agency necessary to facilitate implementing the recommendations developed under paragraph (1). (h) Report Not later than 180 days after the completion of the review and examination performed under subsection (f), the working group shall submit to the appropriate committees of Congress a report— (1) detailing the review and examination performed under subsection (f); and (2) providing the AAM National Strategy, including the plan and associated recommendations, developed under subsection (g). (i) Definitions In this section: (1) Advanced air mobility; AAM The terms advanced air mobility AAM (2) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Armed Services of the Senate; (C) the Committee on Appropriations of the Senate; (D) the Committee on Transportation and Infrastructure of the House of Representatives; (E) the Committee on Armed Services of the House of Representatives; and (F) the Committee on Appropriations of the House of Representatives. (3) Electric aircraft The term electric aircraft (4) Vertical take-off and landing; VTOL The terms vertical take-off and landing VTOL | Advanced Air Mobility Coordination and Leadership Act |
Protecting Communities from Plastics Act This bill sets forth a variety of requirements and incentives to reduce the production and use of plastics and other petrochemicals, including by directing the Environmental Protection Agency to place a temporary pause on certain new permits for petrochemical facilities under the Clean Air Act and the Clean Water Act. | 117 S5163 IS: Protecting Communities from Plastics Act U.S. Senate 2022-12-01 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. 5163 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Booker Mr. Merkley Mr. Van Hollen Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to carry out certain activities to protect communities from the harmful effects of plastics, and for other purposes. 1. Short title This Act may be cited as the Protecting Communities from Plastics Act 2. Findings Congress finds that— (1) plastics production is exacerbating the climate crisis and driving environmental injustice in vulnerable communities located near petrochemical facilities; (2) plastics production is on track to double in the decade following the date of enactment of this Act, locking in harmful emissions for decades; (3) plastics and other petrochemicals are forecasted to become the largest driver of oil and hydraulically fractured gas demand by 2050; (4) some studies have projected that the plastics industry will emit more greenhouse gas emissions than coal plants in the United States by 2030; (5) petrochemical facilities that produce plastics are more likely to be located in low-income communities and communities of color, disproportionately exposing those communities to harmful pollutants; (6) plastics production and certain disposal facilities pollute surrounding communities with chemicals that are known to cause cancer, birth defects, and other serious illnesses; (7) transitioning off fossil fuels for power generation and transportation only to replace that demand with more fossil fuel-based plastics production is not a viable strategy and fails to protect communities; (8) plastics carry impacts throughout their lifecycles, including the impacts of— (A) oil and gas extraction; (B) plastics refining, manufacturing, and certain methods of disposal; and (C) plastics pollution that ends up in communities and in the environment, where the degrading plastics leach chemical additives and emit greenhouse gases; (9) addressing the plastics crisis requires a shift away from single-use plastics in nonessential settings; and (10) technologies that convert plastics to fuel, use plastics for energy generation, generate feedstocks for the chemical industry, or produce hazardous waste and toxic air pollution are not a sustainable solution to the plastics crisis. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Plastic (A) In general The term plastic (i) is synthesized by the polymerization of organic substances; and (ii) is capable of being shaped into various rigid and flexible forms. (B) Inclusions The term plastic (C) Exclusions The term plastic (i) natural rubber; or (ii) naturally occurring polymers, such as proteins or starches. (3) Reusable; refillable; reuse; refill The terms reusable refillable reuse refill (A) with respect to packaging or food service ware that is reused or refilled by a producer, that the packaging or food service ware is— (i) explicitly designed and marketed to be utilized for not less than the number of cycles that the Administrator determines to be appropriate, for the same product, or for another purposeful packaging use in a supply chain; (ii) designed for durability to function properly in its original condition for multiple cycles; (iii) composed of materials that do not contain— (I) toxic heavy metals; (II) pathogens; (III) additives; or (IV) chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) (iv) supported by adequate infrastructure to ensure the packaging or food service ware can be conveniently and safely reused or refilled for multiple cycles; and (v) repeatedly recovered, inspected, and repaired, if necessary, and reissued into the supply chain for reuse or refill for multiple cycles; and (B) with respect to packaging or food service ware that is reused or refilled by a consumer, that the packaging or food service ware is— (i) explicitly designed and marketed to be utilized for not less than the number of cycles that the Administrator determines to be appropriate, for the same product; (ii) designed for durability to function properly in its original condition for multiple cycles; (iii) composed of materials that do not contain— (I) toxic heavy metals; (II) pathogens; (III) additives; or (IV) chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) (iv) supported by adequate and convenient availability of, and retail infrastructure for, bulk or large format packaging that may be refilled to ensure the packaging or food service ware can be conveniently and safely reused or refilled by the consumer for multiple cycles, as needed. (4) Single-use plastic (A) In general The term single-use plastic (i) is routinely disposed of, recycled, or otherwise discarded after a single use; or (ii) is not sufficiently durable or washable to be, or is not intended to be, reusable or refillable. (B) Exclusions The term single-use plastic (i) medical equipment, medical devices, consumer personal protective equipment, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health or for people with disabilities; (ii) packaging that is— (I) for any product described in clause (i) that is determined by the Secretary of Health and Human Services to necessarily be used for the protection of public health or for people with disabilities; or (II) used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); or (iii) personal hygiene products that, due to the intended use of the products, could become unsafe or unsanitary to recycle, such as diapers. 4. Environmental justice protections at covered facilities (a) Definitions In this section: (1) Community of color The term community of color (2) Consultation The term consultation (A) seeking, discussing, and carefully considering the views of fenceline communities in a manner that is cognizant of the values of all parties; and (B) when feasible, seeking agreement among the parties. (3) Covered facility The term covered facility (A) an industrial facility that transforms petrochemical gas and liquids into ethylene and propylene for later conversion into plastic polymers; (B) an industrial facility that transforms ethylene and propylene into any other chemical for later conversion into plastic polymers; (C) a plastic polymerization or polymer production facility; (D) an industrial facility that depolymerizes or otherwise breaks down plastic polymers into chemical feedstocks for use in new products or as fuel; (E) an industrial facility that converts, including through pyrolysis or gasification, plastic polymers into chemical feedstocks; and (F) an industrial facility that generates fuel or energy from plastic polymers through waste-to-fuel technology, an incinerator, or other similar technology, as determined by the Administrator. (4) Covered product The term covered product (A) ethylene; (B) propylene; and (C) raw plastic materials in any form, including pellets, resin, nurdles, powder, and flakes, including— (i) polyethylene terephthalate (commonly referred to as PET (ii) high density polyethylene (commonly referred to as HDPE (iii) low density polyethylene (commonly referred to as LDPE (iv) polypropylene (commonly referred to as PP (v) polyvinyl chloride (commonly referred to as PVC (vi) polystyrene (commonly referred to as PS (vii) any other plastic polymer determined to be appropriate by the Administrator. (5) Environmental justice The term environmental justice (A) communities of color, indigenous communities, and low-income communities have access to public information and opportunities for meaningful public participation with respect to human health and environmental planning, regulations, and enforcement; (B) no community of color, indigenous community, or low-income community is exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards; and (C) the 17 principles described in the document entitled The Principles of Environmental Justice (6) Fenceline community (A) In general The term fenceline community (B) Inclusions The term fenceline community (7) Fenceline monitoring The term fenceline monitoring (8) Indigenous community The term indigenous community (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; and (D) any other community of indigenous people, including communities in other countries. (9) Limited English proficiency individual The term limited English proficiency individual (A) does not speak English as their primary language; or (B) has a limited ability to read, speak, write, or understand English. (10) Low-income community The term low-income community (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (11) Material recovery facility The term material recovery facility (12) Meaningful The term meaningful (A) potentially affected residents of a community have an appropriate opportunity to participate in decisions relating to a proposed activity that will affect the environment or public health of the community; (B) the public contribution can influence the determination by the Federal agency; (C) the concerns of all participants involved are taken into consideration in the decision-making process; and (D) the Federal agency— (i) provides to potentially affected members of the public accurate information, including identifying limited English proficiency individuals who need language assistance, implementing accessible language assistance measures, and providing notice to limited English proficiency individuals for effective engagement in decisions; and (ii) facilitates the involvement of potentially affected members of the public. (13) Temporary pause period The term temporary pause period (A) beginning on the date of enactment of this Act; and (B) ending on the date that is the first date on which— (i) all regulations and final rules required under subsections (d), (e), and (f) are in effect; and (ii) the amendments made by subsection (i) are fully implemented. (b) National academies study of plastics industry (1) In general (A) Agreement The Administrator shall offer to enter into an agreement with the National Academy of Sciences and the National Institutes of Health to conduct a study of— (i) the existing and planned expansion of the industry of the producers of covered products, including the entire supply chain, the extraction and refining of fossil fuels and polymer feedstocks, chemical recycling efforts, end uses, disposal fate, and lifecycle impacts of covered products; (ii) the environmental, public health, and environmental justice and pollution impacts of covered facilities and the products of covered facilities; (iii) the use of toxic additives in the production of covered products and the consequences of those additives on public health; (iv) the existing standard technologies and practices of covered facilities with respect to the discharge and emission of pollutants into the environment; (v) the best available technologies and practices that reduce or eliminate the environmental justice and pollution impacts of covered facilities, associated infrastructure of covered facilities, and the products of covered facilities; and (vi) the toxicity of plastic polymers, additives, and chemicals (including byproducts), including the impacts of those polymers, additives, and chemicals on— (I) public health; (II) the recyclability of plastic; and (III) the ability to use recycled content. (B) Failure to enter agreement If the Administrator fails to enter into an agreement described in subparagraph (A), the Administrator shall conduct the study described in that subparagraph. (2) Requirements The study under paragraph (1) shall— (A) consider— (i) the direct, indirect, and cumulative environmental impacts of industries, including plastic production industries, chemical recycling industries, and the industries of other covered facilities, to date; and (ii) the impacts of the planned expansion of those industries, including local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of those industries; and (B) recommend technologies, regulations, standards, and practices, including recommendations for technologies, regulations, standards, and practices that will best carry out the regulatory modifications required under subsections (d), (e), and (g), to remediate or eliminate the local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of the industries described in subparagraph (A)(i). (3) Report Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study under paragraph (1). (4) Authorization of appropriations There are authorized to be appropriated to the National Academy of Sciences and the National Institutes of Health such sums as are necessary to carry out this subsection. (c) Permitting moratorium for covered facilities (1) In general Subject to paragraph (2), during the temporary pause period, notwithstanding any other provision of law— (A) the Administrator shall not issue a new permit for a covered facility under— (i) the Clean Air Act ( 42 U.S.C. 7401 et seq. (ii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (B) the Secretary of the Army, acting through the Chief of Engineers, shall not issue a new permit for a covered facility under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 (C) the Administrator shall object in writing under subsections (b) and (c) of section 505 of the Clean Air Act ( 42 U.S.C. 7661d 33 U.S.C. 1342(d)(2) 42 U.S.C. 7401 et seq. 33 U.S.C. 1251 et seq. (D) the export of covered products is prohibited. (2) Exception Paragraph (1) does not apply to a permit described in that paragraph for a facility that is— (A) a material recovery facility; (B) a mechanical recycling facility; or (C) a compost facility. (d) Clean air requirements for covered facilities (1) Timely revision of emissions standards Section 111(b)(1)(B) of the Clean Air Act ( 42 U.S.C. 7411(b)(1)(B) (2) New source performance standards for certain facilities Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (A) designating petrochemical feedstock and polymer production facilities as a category of stationary source under section 111(b)(1)(A) of the Clean Air Act ( 42 U.S.C. 7411(b)(1)(A) (B) establishing new source performance standards for the category of stationary source designated under subparagraph (A) under section 111(f)(1) of the Clean Air Act ( 42 U.S.C. 7411(f)(1) (3) Storage vessels for covered products Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying section 60.112b(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that an owner or operator of a storage vessel containing liquid with a vapor pressure of equal to or more than 5 millimeters of mercury under actual storage conditions that is regulated under that section uses— (A) an internal floating roof tank connected to a volatile organic compound control device; or (B) a fixed-roof tank connected to a volatile organic compound control device. (4) Flaring Not later than 1 year after the date of enactment of this Act, the Administrator shall promulgate a final rule— (A) modifying title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that flaring, either at ground-level or elevated, shall only be permitted when necessary solely for safety reasons; and (B) modifying sections 60.112b(a)(3)(ii), 60.115b(d)(1), 60.482–10a(d), 60.662(b), 60.702(b), and 60.562–1(a)(1)(i)(C) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— (i) references to flare standards under those sections refer to the flare standards established under subparagraph (A); and (ii) the flare standards under those sections are, without exception, continuously applied. (5) SOCMI equipment leaks Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (A) modifying section 60.482–1a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that owners and operators use process units and components with a leak-less or seal-less design; (B) modifying section 60.482–1a(f) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that owners and operators use optical gas imaging monitoring pursuant to section 60.5397a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), on a quarterly basis, unless the owner or operator receives approval from the Administrator in writing to use Method 21 of the Environmental Protection Agency (as described in appendix A–7 of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) with a repair threshold of 500 parts per million; (C) modifying 60.482–6a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the use of open-ended valves or lines is prohibited except if a showing is made that the use of an open-ended valve or line is necessary for safety reasons; and (D) modifying subpart VVa of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) to ensure that— (i) the term no detectable emissions (ii) the term leak (6) Natural-gas fired steam boilers Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule revising subpart Db of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that boilers or heaters located at an affected covered facility regulated under that subpart may only burn gaseous fuels, not solid fuels or liquid fuels. (7) National emission standards for hazardous air pollutants implementation improvements (A) Equipment leaks of benzene Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying section 61.112 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) that strikes subsection (c). (B) Benzene waste operations Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying subpart FF of part 61 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— (i) the term no detectable emissions (ii) the term leak (C) Maximum achievable control technology standards for covered facilities Not later than 3 years after the date of enactment of this Act, the Administrator shall— (i) promulgate a final rule modifying subpart YY of part 63 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— (I) the generic maximum achievable control technology standards described in that subpart— (aa) require no detectable emissions of hazardous air pollutants, unless the Administrator— (AA) determines that the maximum degree of reduction in emissions of hazardous air pollutants achievable pursuant to section 112(d)(2) of the Clean Air Act ( 42 U.S.C. 7412(d)(2) (BB) publishes the determination under subitem (AA) and the proposed higher limits in a rulemaking; (bb) ensure an ample margin of safety to protect public health and prevent an adverse environmental effect; and (cc) prevent adverse cumulative effects to fetal health, the health of children, and the health of vulnerable subpopulations; and (II) the term no detectable emissions (ii) in promulgating the final rule required in clause (i)(I), consider— (I) the effects and risks of exposure from cumulative sources of hazardous air pollutants under the subpart modified under that clause; and (II) the best available science, including science provided by the National Academies of Science. (8) Monitoring Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule revising subparts DDD, NNN, RRR, and other relevant subparts of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)— (A) to require continuous emissions monitoring of benzene, nitrogen oxides, sulfur dioxide, carbon monoxide, and filterable particulate matter for all combustion devices except for non-enclosed flares, including during startups, shutdowns, and malfunctions of the facilities regulated by those subparts; (B) to require— (i) accurate and continuous recordkeeping when continuous emissions monitoring is required under subparagraph (A); and (ii) the records required under clause (i) to be made available to the public in real time; (C) to require continuous fenceline monitoring of emissions from combustion devices under section 63.658 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), for nitrogen oxides, sulfur dioxide, carbon monoxide, filterable and condensable particulate matter, and all other relevant hazardous air pollutants; and (D) to ensure that the continuous monitoring of combustion devices required under subparagraphs (A) and (C) are used to determine the compliance of facilities regulated by those subparts with the Clean Air Act ( 42 U.S.C. 7401 et seq. (e) Clean water requirements for covered facilities (1) BAT and NSPS standards for plastic polymer production Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (A) that ensures that the best available technology limitations described in part 414 of title 40, Code of Federal Regulations (as modified under subparagraph (B)) applies to covered facilities that produce fewer than 5,000,001 pounds of covered products per year; (B) modifying part 414 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the best available technology and new source performance standard requirements under that part reflect updated best available technology and best available demonstrated control technology for all pollutants discharged by covered facilities that produce covered products, including pollutants of concern that are not regulated on the date of enactment of this Act; and (C) modifying sections 414.91(b), 414.101(b), and 414.111(b) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) to ensure that— (i) for new source performance standards for applicable covered facilities producing covered products, the maximum effluent limit for any 1 day and for any monthly average for the priority pollutants described in appendix A to part 423 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is 0 milligrams per liter unless the Administrator— (I) determines that higher limits are justified using best available demonstrated control technology; and (II) publishes the determination under subclause (I) and the proposed higher limits in a rulemaking; and (ii) for best available technology and new source performance standards, the maximum effluent limit for any 1 day and for any monthly average for total plastic pellets and other plastic material is 0 milligrams per liter. (2) Revised effluent limitations guidelines for petrochemical feedstock and polymer production (A) BAT and NSPS standards Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— (i) modifying sections 419.23, 419.26, 419.33, and 419.36 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the best available technology and new source performance standards reflect updated best available technology and best available demonstrated control technology for all pollutants discharged by covered facilities producing petrochemical feedstocks and polymers; and (ii) modifying sections 419.26(a) and 419.36(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the new source performance standards for any 1 day and for average of daily values for 30 consecutive days for the priority pollutants described in appendix A to part 423 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is 0 milligrams per liter unless the Administrator— (I) determines that higher limits are necessary based on the best available demonstrated control technology; and (II) the Administrator publishes the determination under subclause (I) and the proposed higher limits in a rulemaking. (B) Runoff limitations for ethylene and propylene production Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying sections 419.26(e) and 419.36(e) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that runoff limitations that reflect best available demonstrated control technology are included. (f) Environmental justice requirements for covered facilities (1) In general Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule to ensure that— (A) any proposed permit to be issued by the Administrator or by a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq. 33 U.S.C. 1251 et seq. (i) assesses the direct, indirect, and cumulative economic, environmental, and public health impacts of the proposed permit on fenceline communities; and (ii) proposes changes or alterations to the proposed permit that would, to the maximum extent practicable, eliminate or mitigate the impacts described in clause (i); (B) each proposed permit and environmental justice assessment described in subparagraph (A) is delivered to applicable fenceline communities at the beginning of the public comment period for the proposed permit for purposes of notification and consultation, which shall include— (i) prompt notification— (I) through direct means, including in non-English languages for limited English proficiency individuals; (II) through publications likely to be obtained by residents of the fenceline community, including non-English language publications; and (III) in the form of a public hearing in the fenceline community— (aa) for which public notice is provided— (AA) not less than 60 days before the date on which the public hearing is to be held; and (BB) using the means described in subclauses (I) and (II); (bb) for which translation services are provided; and (cc) that is accessible through live-streaming or alternative video streaming services for which translation services are provided; and (ii) after the prompt notification required under clause (i), consultation that— (I) facilitates effective collaboration and informed policymaking that further recognizes the importance of regular communication and collaboration with fenceline communities, regardless of whether specific regulatory or policy changes are being considered; (II) seeks information and input from fenceline communities by soliciting the collaboration, cooperation, and participation of those fenceline communities; (III) includes an in-person meeting or a telephone conference that— (aa) is in a location, if applicable, that is selected by those engaged in the consultation to be mutually accessible to representatives of fenceline communities and applicable State or Federal government participants; and (bb) removes institutional and procedural impediments that adversely affect working directly with fenceline communities; (IV) ensures that any health or environmental concerns raised by fenceline communities with be properly invested and considered in decisions to grant or deny the proposed permit; and (V) explains to the representatives of the fenceline community the range of resulting actions that the Administrator or State agency may take; and (C) the Administrator or a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq. 33 U.S.C. 1251 et seq. (i) changes or alterations have been incorporated into the revised proposed permit that, to the maximum extent practicable, eliminate or mitigate the environmental justice impacts described in subparagraph (A)(i); (ii) the changes or alterations described in clause (i) have been developed with meaningful input from residents or representatives of the fenceline community in which the covered facility to which the proposed permit would apply is located or seeks to locate; and (iii) the permit includes a community benefit agreement that— (I) has been entered into after the prompt notification and consultation required under clauses (i) and (ii), respectively, of subparagraph (B); and (II) stipulates the benefits the covered facility agrees to fund or furnish in exchange for community support for the covered facility, which may include— (aa) commitments to hire directly from a community; (bb) contributions to economic and health trust funds; (cc) local workforce training guarantees; (dd) increased pollution control technologies; (ee) operation restrictions; (ff) financial assurances; and (gg) siting restrictions; (D) the Administrator or a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq. 33 U.S.C. 1251 et seq. (E) the approval of a proposed permit described in subparagraph (A) is conditioned on the covered facility providing comprehensive third-party fenceline monitoring and response strategies that fully protect public health and safety and the environment in fenceline communities, for which the affected fenceline communities have the opportunity to provide meaningful input. (2) Requirements (A) Required input The Administrator shall develop the final rule required under paragraph (1) with meaningful input from— (i) residents of fenceline communities; and (ii) representatives of fenceline communities. (B) Community consultation requirement In carrying out the consultation required under paragraph (1)(B)(ii), the Administrator and each State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq. 33 U.S.C. 1251 et seq. (i) supports fenceline communities in understanding the technical nuances of the permit and regulatory process; and (ii) accounts for limited English proficiency individuals. (3) Report to Congress on State permitting programs Not later than 2 years after the date on which the final rule required under paragraph (1) is published in the Federal Register, and every 5 years thereafter, the Administrator shall submit to Congress a report evaluating how States are implementing required environmental justice considerations pursuant to that final rule into their permitting programs under the Clean Air Act ( 42 U.S.C. 7401 et seq. 33 U.S.C. 1251 et seq. (g) Toxic substances (1) Inventory and reporting Section 8(b) of the Toxic Substances Control Act ( 15 U.S.C. 2607(b) (11) Plastics (A) Definitions In this paragraph: (i) Covered facility; covered product The terms covered facility covered product Protecting Communities from Plastics Act (ii) Plastic; single-use plastic The terms plastic single-use plastic Protecting Communities from Plastics Act (B) Publication Not later than April 1, 2025, and every 3 years thereafter, the Administrator shall publish in the Federal Register an inventory of plastic manufacturing, distribution in commerce, and trade in the United States. (C) Process In carrying out the inventory under subparagraph (B), the Administrator shall— (i) identify— (I) each covered facility; and (II) any other manufacturer of plastic products; (ii) identify— (I) the polymers associated with plastic production; (II) the types or uses of plastic products manufactured; and (III) the associated quantities of polymer and product manufacture and uses; (iii) quantify the single-use plastics manufactured— (I) in the aggregate; and (II) by use category; (iv) quantify the percentage of post-consumer recycled content of the feedstocks for the manufacture of the types of plastic products identified under clause (ii)(II); (v) provide information and quantified estimates on the fate of the plastic products at the end of their useful life; (vi) identify the chemicals used in polymer or plastic production that may pose a potential risk to human health and the environment, taking into account the data reported under subparagraph (D)(i), which shall include, at a minimum, the information described in subparagraphs (A) through (G) of subsection (a)(2); (vii) specify any chemicals identified under clause (vi)— (I) that are undergoing regulatory action under section 6; or (II) for which regulatory action under section 6 is anticipated during the next 3 years; (viii) for each chemical identified under clause (vi) that is not specified under clause (vii), provide a timetable for regulatory action under section 6 and any other recommended actions, including proposed revisions of Federal law or regulations, to achieve further reductions in plastic manufacture or distribution in commerce; and (ix) propose revisions to Federal law or regulations to achieve further reductions in plastic manufacture or distribution in commerce. (D) Reporting (i) In general To assist in the preparation of the inventory under subparagraph (B), notwithstanding section 3(2)(B), any person who manufactures a covered product used in plastic production, and any person who manufactures a plastic product, shall submit to the Administrator periodic reports at such time and including such information as the Administrator shall determine by rule. (ii) Promulgation of rule Not later than July 1, 2024, the Administrator shall promulgate the rule described in clause (i). (iii) Previously submitted information To avoid duplication, information previously submitted to the Administrator under this section may be considered partially compliant with the reporting requirements of this subparagraph if the information previously submitted is an accurate reflection of the current information. (iv) Public availability The Administrator shall make available to the public in an accessible database the reports submitted under clause (i), consistent with section 14. . (2) Cumulative health risks posed by covered facilities (A) Definitions In this paragraph: (i) Chemical substance; mixture The terms chemical substance mixture 15 U.S.C. 2602 (ii) Covered facility The term covered facility (iii) Inventory The term inventory 15 U.S.C. 2607(b) (B) Assessment Not later than April 1, 2027, taking into account the inventory, the Administrator shall conduct a single assessment of the aggregate, cumulative public health impacts on fenceline communities at covered facilities. (C) Requirements The assessment under subparagraph (B) shall— (i) ascertain the potentially exposed or susceptible subpopulations; (ii) estimate the magnitude of the potential health impacts on— (I) fenceline communities generally; and (II) more exposed or susceptible subpopulations specifically; (iii) determine which chemical substances or mixtures may be causing or contributing to potential adverse public health impacts; (iv) include an assessment of— (I) the cumulative exposures associated with covered facilities from all chemicals used to make plastic polymers; (II) the chemical substances (including plastic polymers, additives, and byproducts) produced from— (aa) the use of the plastic polymers as feedstocks for other chemicals; and (bb) waste-to-fuel technology; and (III) the impact of chemical substances (including plastic polymers, additives, and byproducts) on— (aa) the recyclability of plastics; (bb) the use of recycled content in food contact products and packaging; and (cc) public health; and (v) focus on— (I) communities located near covered facilities; (II) workers at covered facilities; and (III) other potentially exposed or susceptible subpopulations. (D) Procedural requirements The assessment under subparagraph (B) shall be subject to— (i) public notice and an opportunity for public comment; and (ii) peer review by the Science Advisory Committee on Chemicals established under section 26(o) of the Toxic Substances Control Act ( 15 U.S.C. 2625(o) (3) High-priority substances (A) Styrene and vinyl chloride Not later than 2 years after the date of enactment of this Act, the Administrator shall, after public notice and an opportunity for public comment, make a final prioritization determination under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) (i) styrene (including polystyrene); and (ii) vinyl chloride (including polyvinyl chloride). (B) Other chemicals or mixtures With respect to any chemical substances or mixtures (as those terms are defined in section 3 of the Toxic Substances Control Act ( 15 U.S.C. 2602 (i) include those chemical substances or mixtures in any subsequently published inventory; and (ii) specify applicable timetables for action as part of the inventory in accordance with clause (vii) or (viii) of paragraph (11) of section 8(b) of the Toxic Substances Control Act ( 15 U.S.C. 2607(b) (4) Authorization of appropriations (A) In general There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this subsection and the amendments made by this subsection. (B) Maintenance of funding The funding provided under this paragraph shall supplement (and not supplant) other Federal funding to carry out the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq. (h) Hazardous waste Not later than 180 days after the date of enactment of this Act, the Administrator shall initiate a rulemaking to list discarded polyvinyl chloride as a hazardous waste under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (i) Cumulative impact requirements for covered facilities (1) Federal Water Pollution Control Act Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (A) by striking the section designation and heading and all that follows through Except as 402. National pollutant discharge elimination system (a) Permits issued by Administrator (1) In general Except as ; (B) in subsection (a)— (i) in paragraph (1)— (I) by striking upon condition that such discharge will meet either (A) all subject to the conditions that— (A) the discharge will achieve compliance with— (i) all ; (II) by striking 403 of this Act, or (B) prior 403; or (ii) prior ; and (III) by striking this Act. this Act; and (B) as applicable, with respect to the issuance or renewal of the permit to a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act (i) based on an analysis by the Administrator of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act ( 42 U.S.C. 7661 (ii) if the Administrator determines that, due to those potential cumulative impacts, there does not exist a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, the permit or renewal includes such terms and conditions as the Administrator determines to be necessary to ensure a reasonable certainty of no harm. ; and (ii) in paragraph (2), by striking assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. ensure compliance with the requirements of paragraph (1), including— (A) conditions relating to— (i) data and information collection; (ii) reporting; and (iii) such other requirements as the Administrator determines to be appropriate; and (B) with respect to covered facilities (as defined in section 4(a) of the Protecting Communities from Plastics Act ; and (C) in subsection (b)— (i) in each of paragraphs (1)(D), (2)(B), and (3) through (7), by striking the semicolon at the end and inserting a period; (ii) in paragraph (8), by striking ; and (iii) by adding at the end the following: (10) To ensure that no permit will be issued to or renewed for a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act 42 U.S.C. 7661 . (2) Clean Air Act (A) Definitions Section 501 of the Clean Air Act ( 42 U.S.C. 7661 (i) in the matter preceding paragraph (1), by striking As used in this title— In this title: (ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (5), and (4), respectively, and moving the paragraphs so as to appear in numerical order; and (iii) by inserting after paragraph (1) the following: (2) Cumulative impacts The term cumulative impacts (A) including— (i) environmental pollution released— (I) routinely; (II) accidentally; or (III) otherwise; and (ii) as assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and (B) evaluated taking into account sensitive populations and socioeconomic factors, where applicable. . (B) Permit programs Section 502(b) of the Clean Air Act ( 42 U.S.C. 7661a(b) (i) in paragraph (5)— (I) in subparagraphs (A) and (C), by striking assure ensure (II) by striking subparagraph (F) and inserting the following: (F) ensure that no permit will be issued to or renewed for a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act (i) with respect to an application for a permit or renewal of a permit for a major source that is a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act (ii) the Administrator objects to the issuance of the permit in a timely manner under this title. ; and (ii) in paragraph (9)— (I) in the fourth sentence, by striking Such permit revision (iii) Treatment as renewal A permit revision under this paragraph ; (II) in the third sentence, by striking No such revision shall (ii) Exception A revision under this paragraph shall not ; (III) in the second sentence, by striking Such revisions (B) Revision requirements (i) Deadline A revision described in subparagraph (A) or (C) ; (IV) by striking (9) A requirement (9) Major sources (A) In general Subject to subparagraph (C), a requirement that ; and (V) by adding at the end the following: (C) Certain plastics facilities (i) Definition of covered facility In this subparagraph, the term covered facility Protecting Communities from Plastics Act (ii) Additional requirements With respect to any permit or renewal of a permit, as applicable, for a major source that is a covered facility, the permitting authority shall, in determining whether to issue or renew the permit— (I) evaluate the potential cumulative impacts of the proposed covered facility, as described in the applicable cumulative impacts analysis submitted under section 503(b)(3); (II) if, due to those potential cumulative impacts, the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of any census tracts or Tribal census tracts (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the covered facility is, or is proposed to be, located— (aa) include in the permit or renewal such terms and conditions (including additional controls or pollution prevention requirements) as the permitting authority determines to be necessary to ensure a reasonable certainty of no harm; or (bb) if the permitting authority determines that terms and conditions described in item (aa) would not be sufficient to ensure a reasonable certainty of no harm, deny the issuance or renewal of the permit; (III) determine whether the applicant is a persistent violator, based on such criteria relating to the history of compliance by an applicant with this Act as the Administrator shall establish by not later than 180 days after the date of enactment of the Protecting Communities from Plastics Act (IV) if the permitting authority determines under subclause (III) that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause (V)(bb)— (aa) require the applicant to submit a redemption plan that describes, if the applicant is not in compliance with this Act, measures the applicant will carry out to achieve that compliance, together with an approximate deadline for that achievement, measures the applicant will carry out, or has carried out to ensure the applicant will remain in compliance with this Act, and to mitigate the environmental and health effects of noncompliance, and the measures the applicant has carried out in preparing the redemption plan to consult or negotiate with the communities affected by each persistent violation addressed in the plan; and (bb) once such a redemption plan is submitted, determine whether the plan is adequate to ensuring that the applicant will achieve compliance with this Act expeditiously, will remain in compliance with this Act, will mitigate the environmental and health effects of noncompliance, and has solicited and responded to community input regarding the redemption plan; and (V) deny the issuance or renewal of the permit if the permitting authority determines that— (aa) the redemption plan submitted under subclause (IV)(aa) is inadequate; or (bb) the applicant has submitted a redemption plan on a prior occasion, but continues to be a persistent violator and that there is no indication exists of extremely exigent circumstances excusing the persistent violations. . (C) Permit applications Section 503(b) of the Clean Air Act ( 42 U.S.C. 7661b(b) (3) Analyses for certain plastics facilities The regulations required by section 502(b) shall include a requirement that an applicant for a permit or renewal of a permit for a major source that is a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act (A) community demographics and locations of community exposure points, such as residences, schools, day care centers, nursing homes, hospitals, health clinics, places of religious worship, parks, playgrounds, and community centers; (B) air quality and the potential effect on that air quality of emissions of air pollutants (including pollutants listed under section 108 or 112) from the proposed covered facility (as so defined), including in combination with existing sources of pollutants; (C) the potential effects on soil quality and water quality of emissions of air and water pollutants that could contaminate soil or water from the proposed major source, including in combination with existing sources of pollutants; and (D) public health and any potential effects on public health of the proposed covered facility (as so defined). . (j) Financial assurance requirements for covered facilities (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator shall develop and require as a condition to receiving a permit under the Clean Air Act ( 42 U.S.C. 7401 et seq. 33 U.S.C. 1251 et seq. (A) to safely close the covered facility at the end of the operational life of the covered facility; or (B) to provide appropriate emergency response in the case of an accidental release. (2) Application to existing covered facilities The financial assurance requirements under paragraph (1) shall apply to existing covered facilities at the time on which an existing covered facility seeks renewal of a permit under the Clean Air Act ( 42 U.S.C. 7401 et seq. 33 U.S.C. 1251 et seq. (k) Siting restrictions for new covered facilities The issuance or approval of a permit under the Clean Air Act ( 42 U.S.C. 7401 et seq. 33 U.S.C. 1251 et seq. 5. Federal source reduction and reuse targets (a) Definition of source reduction (1) In general In this section, the term source reduction (A) shifting to reusable or refillable packaging or food service ware systems; or (B) eliminating unnecessary packaging. (2) Exclusions In this section, the term source reduction (A) replacing a recyclable or compostable single-use plastic packaging or food service ware with— (i) a nonrecyclable or noncompostable single-use plastic packaging or food service ware; or (ii) a single-use plastic packaging or food service ware that is less likely to be recycled or composted; or (B) switching from virgin single-use plastic packaging or food service ware to plastic postconsumer recycled content. (b) Federal source reduction targets (1) Baseline Not later than December 31, 2025, the Administrator shall promulgate regulations to establish a baseline quantity, by total weight and total number of items, of all single-use plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States during calendar year 2024. (2) Reduction targets (A) In general Not later than December 31, 2027, the Administrator shall promulgate regulations to establish phased source reduction targets for all single-use plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States, which shall be organized by product category. (B) Minimum The phased source reduction targets established under subparagraph (A) shall include a source reduction target of not less than 25 percent by 2032. (c) Federal reuse and refill targets (1) In general Not later than December 31, 2025, the Administrator shall promulgate regulations to establish phased reuse and refill targets for all plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States. (2) Minimum The phased reuse and refill targets established under paragraph (1) shall include reuse and refill targets of not less than 30 percent by 2032. (d) Exclusion Nothing in this section applies to any single-use plastic used for— (1) medical equipment, supplements, medical devices, consumer personal protective equipment, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health or for people with disabilities; (2) packaging that is— (A) for any product described in paragraph (1) that is determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health or for people with disabilities; or (B) used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); or (3) a personal hygiene product that, due to the intended use of the product, could become unsafe or unsanitary to recycle, such as a diaper. 6. Advancing refillable and reusable systems (a) Grant program To support equity and innovation in refillable and reusable packaging (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a competitive grant program (referred to in this subsection as the program (2) Objectives To be eligible for a grant under the program, a reuse and refill project shall evaluate the efficacy and cost-effectiveness of tools, technologies, and techniques for 1 or more of the following objectives: (A) Expanding reuse and refill programs to replace single-use plastics currently used in consumer goods industries, including replacement with food service and consumer food and beverage products that— (i) are affordable, convenient, scalable, nontoxic, and equitable; and (ii) satisfy the requirements described in section 3(3)(A). (B) Expanding consumer knowledge of reuse and refill programs, including through the development of accessible educational and outreach programs and materials. (C) Installing and expanding access to publicly available water bottle refilling stations. (D) Installing and expanding access to sanitation infrastructure in public or community buildings to enable safe and hygienic reuse, including dishwashers and sanitation stations. (3) Eligible entities To be eligible to receive a grant under the program, an entity shall be— (A) an educational institution, including an institution of higher education; (B) a nonprofit or community-based organization; (C) a State, local, or Tribal government; (D) a for-profit restaurant, business, or other organization; or (E) a public-private partnership. (4) Nontoxic requirements Materials used as part of a reuse and refill project under the program shall not contain— (A) toxic heavy metals, pathogens, or additives, including— (i) a perfluoroalkyl or polyfluoroalkyl substance; (ii) an ortho-phthalate; (iii) a bisphenol compound (not including an alkyl-substituted bisphenol compound generated through a xylenol-aldehyde process); or (iv) a halogenated flame retardant; or (B) chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) (5) Priorities In awarding grants under the program, the Administrator shall— (A) give priority to projects that will directly benefit populations of color, communities of color, indigenous communities, rural communities, and low-income communities; (B) give priority to a project that achieves more than 1 of the objectives described in paragraph (2); and (C) ensure that a grant is provided to carry out a project in each region of the Environmental Protection Agency. (6) Prize competition (A) In general Not later than 1 year after the first round of grants is awarded under the program, the Administrator shall establish a prize competition under which the Administrator shall— (i) evaluate the projects carried out by each recipient of a grant under the program; and (ii) award a prize to 1 of those recipients. (B) Amount The Administrator shall determine the amount of the prize under this paragraph. (C) Use The recipient of the prize under this paragraph shall use the amount of the prize to demonstrate that the reuse or refill project carried out by the recipient under the program— (i) is scalable; (ii) serves the community in which the program is carried out; and (iii) is implemented in a sustainable and equitable manner. (7) Report Not later than 3 years after the date on which the Administrator establishes the program, the Administrator shall submit to Congress a report describing the effectiveness of the projects carried out under the program. (8) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the program. (b) Report on reuse and refill product delivery systems (1) In general Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall make publicly available a report on feasibility and best practices relating to reuse and refill within the following sectors: (A) Food service, including— (i) take out; (ii) delivery of prepared meals; and (iii) meal kits. (B) Consumer food and beverage products. (C) Consumer cleaning products. (D) Consumer personal care products. (E) Transportation or shipping of wholesale and retail goods. (F) Public educational institutions, including institutions of higher education. (G) Other sectors, as identified by the Administrator. (2) Objectives The report under paragraph (1) shall evaluate and summarize— (A) types of reuse and refill product delivery systems that can be best used at different scales; (B) methods to ensure equitable distribution of reuse and refill product delivery systems in populations of color, communities of color, indigenous communities, and low-income communities; (C) job creation opportunities through the use or expansion of reuse and refill systems; (D) economic costs and benefits for— (i) the businesses that deploy reuse and refill technologies; and (ii) the parties responsible for waste collection and management; (E) types of local, State, and Federal support needed to expand the use of reuse and refill systems; and (F) existing barriers to widespread implementation of reuse and refill systems. (3) Consideration In preparing the report under paragraph (1), the Administrator shall consider relevant information on reuse and refill programs and approaches in States, units of local government, and other countries. 7. Studies; agency directives (a) Definition of microplastic In this section, the term microplastic (b) National Recycling Strategy The Administrator shall not expand the scope of the National Recycling Strategy of the Environmental Protection Agency to include facilities that treat plastic waste through the use of pyrolysis, gasification, or similar chemical recycling technologies. (c) Food and Drug Administration study (1) In general The Commissioner of Food and Drugs, in consultation with the Secretary of Agriculture and, as necessary, the heads of other Federal agencies such as the Director of the National Institute of Standards and Technology and such other Federal agencies as the Commissioner of Food and Drugs determines to be necessary, shall conduct a nationwide study on the presence and sources of microplastics in food (including drink) products, including food products containing fish, meat, fruits, or vegetables. (2) Report Not later than 1 year after the date of enactment of this Act, the Commissioner of Food and Drugs shall submit to Congress and make publicly available a report on the study conducted under this subsection. (3) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this subsection. (d) Microplastics pilot program (1) Establishment The Administrator shall establish a pilot program (referred to in this subsection as the pilot program (A) to remove microplastics from the environment without causing additional harm to the environment; and (B) to prevent the release of microplastics into the environment. (2) Requirements In carrying out the pilot program, the Administrator shall include the testing, and analysis and mitigation of any environmental impacts, of— (A) natural infrastructure; (B) green infrastructure (as defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 (C) mechanical removal systems (such as pumps) and filtration technologies, including a consideration of potential negative ecological impacts that may result from filtration in natural waterways and ocean waters. (3) Eligible pilot program locations In carrying out the pilot program, the Administrator may carry out projects located in— (A) stormwater systems; (B) wastewater treatment facilities; (C) drinking water systems; (D) ports, harbors, inland waterways, estuaries, and marine environments; and (E) roadways, highways, and other streets used for vehicular travel. (4) Outreach In determining selection criteria and projects to carry out under the pilot program, the Administrator shall conduct outreach to— (A) the Interagency Marine Debris Coordinating Committee established under section 5(a) of the Marine Debris Act ( 33 U.S.C. 1954(a) (B) stakeholders and experts in the applicable field, as determined by the Administrator. (5) Reports (A) Initial report Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the outreach conducted under paragraph (4). (B) Subsequent report Not later than 3 years after the date on which the Administrator establishes the pilot program, the Administrator shall submit to Congress a report describing the effectiveness of projects carried out under the pilot program. (6) Rulemaking required Not later than 1 year after the date on which the Administrator submits to Congress the report required under paragraph (5)(B), the Administrator shall initiate a rulemaking to address abatement and mitigation of microplastics in locations described in paragraph (3) using technologies and methods tested under the pilot program. (7) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this subsection. (e) National Institutes of Health research (1) In general The Director of the National Institutes of Health shall conduct or support research on the presence of microplastics in the human body, which may include determining how the presence of microplastics in organs and biospecimens, including urine, breastmilk, and stool, impacts human health. (2) Report Not later than 1 year after the date of enactment of this Act, and annually for the next 4 years thereafter, the Director of the National Institutes of Health shall submit to Congress and make publicly available a report that provides an overview of the research conducted or supported under this subsection and any relevant findings. (3) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this subsection. 8. Reducing single-use plastics in agriculture (a) Biodegradable weed barriers practice under the environmental quality incentives program The Secretary of Agriculture shall designate a project to replace the use of on-farm plastic weed barriers and weed mitigants with nonplastic, biodegradable alternatives as an agricultural conservation practice or enhancement that meets the requirement described in section 21001(a)(1)(B)(iii) of Public Law 117–169 Inflation Reduction Act of 2022 (b) Single-Use plastic farm product packaging reduction grants Section 210A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627c (1) in subsection (b)— (A) in paragraph (5), by striking and (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: (6) supports the reduction of single-use plastics from the post-production distribution packaging of agricultural producers; and ; (2) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; (3) by striking subsection (i) subsection (j) (4) by inserting after subsection (e) the following: (f) Single-Use plastic farm product packaging reduction grants (1) In general The Secretary shall provide grants to entities described in paragraph (3) to significantly reduce or eliminate single-use plastics from the post-production distribution packaging of the entities. (2) Administration The Secretary shall carry out this subsection through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Rural Business-Cooperative Service. (3) Eligible entities An entity shall be eligible for a grant under paragraph (1) if the entity is— (A) an independent producer (as determined by the Secretary) of a value-added agricultural product; or (B) an agricultural producer group, farmer or rancher cooperative, or majority-controlled producer-based business venture (as determined by the Secretary). (4) Grant amount The amount of a grant provided under paragraph (1) shall be not more than $250,000. (5) Term The term of a grant provided under paragraph (1) shall be 3 years. (6) Priority In providing grants under paragraph (1), the Secretary shall give priority to— (A) beginning farmers or ranchers; (B) veteran farmers or ranchers; (C) organic and regenerative farmers; and (D) socially disadvantaged farmers or ranchers. (7) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2023 through 2032. ; and (5) in subsection (i)(1) (as so redesignated), in the matter preceding subparagraph (A), by striking subsection (i)(3)(E) subsection (j)(3)(E) | Protecting Communities from Plastics Act |
Pipeline Permitting for Energy Security Act of 2022 This bill modifies requirements under the Clean Water Act, the National Environmental Policy Act of 1969, and the Endangered Species Act of 1973 to expedite water quality certifications, environmental reviews, endangered species consultations, and make related changes. The bill also establishes requirements to expedite the approval of the Mountain Valley Pipeline, which is a natural gas pipeline located in Virginia and West Virginia. | 117 S5165 IS: Pipeline Permitting for Energy Security Act of 2022 U.S. Senate 2022-12-01 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. 5165 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Toomey Committee on Environment and Public Works A BILL To facilitate pipeline construction and limit regulatory and litigation delays under the Federal Water Pollution Control Act, the National Environmental Policy Act of 1969, and the Endangered Species Act of 1973, and for other purposes. 1. Short title This Act may be cited as the Pipeline Permitting for Energy Security Act of 2022 2. Clean Water Act permitting (a) State certification programs Section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 (1) by striking the heading and section designation and all that follows through may be. 401. Certification (a) State certifications (1) Certification required (A) Definitions In this paragraph: (i) Certification application The term certification application (ii) Certifying authority The term certifying authority (B) Compliance with limitations (i) In general Any applicant for a Federal license or permit to conduct an activity, including the construction or operation of facilities, that may result in a discharge from a point source into the waters of the United States shall provide the Federal licensing or permitting agency a certification that the discharge will comply with applicable water quality requirements from— (I) the State in which the discharge originates or will originate; (II) if appropriate, the interstate water pollution control agency with jurisdiction over the waters of the United States at the point where the discharge originates or will originate; or (III) if no State or interstate water pollution control agency has the authority to give such a certification, the Administrator. (ii) Certification of no limitation and standard (I) In general In the case of any activity described in clause (i) for which there is not an applicable effluent limitation or other limitation under sections 301(b) and 302 and for which there is not an applicable standard under sections 306 and 307, the certifying authority shall so certify. (II) Effect A certification under subclause (I) does not satisfy section 511(c). (iii) Certification required (I) Construction prohibited until certification Construction for which a certification is required under this subparagraph may not begin until the certification has been obtained, unless the requirement for the certification has been waived in accordance with this paragraph. (II) Effect of denial If a certifying authority denies a certification application, the Federal license or permit for which the certification application was made may not be granted. (iv) Scope of certification In determining whether to issue a certification under this subparagraph and in determining what conditions to impose on a certification under this subparagraph, a certifying authority may only consider whether the discharge for which the certification application was made complies with applicable water quality requirements. (C) Required procedures (i) Notice and hearings Each certifying authority shall establish procedures for— (I) public notice in the case of all certification applications; (II) to the extent the certifying authority determines to be appropriate, public hearings in connection with specific certification applications; and (III) a prefiling meeting as described in clause (ii). (ii) Prefiling meeting (I) Request Before submitting a certification application, the prospective applicant may request a prefiling meeting with the certifying authority— (aa) to ensure that the certifying authority receives early notification of projects for which a certification under subparagraph (B) is necessary; and (bb) to discuss informational needs with the certifying authority before submitting the application. (II) Response required If a prospective applicant requests a prefiling meeting with a certifying authority pursuant to subclause (I), the certifying authority shall— (aa) respond to the request not later than 30 days after the date on which the request is received; and (bb) hold the prefiling meeting with the prospective applicant by not later than 60 days after the date on which the request is received. (iii) Denials of certification (I) Individual licenses and permits If a certifying authority denies a certification application for an individual license or permit, the certifying authority shall provide to the applicable Federal licensing or permitting agency— (aa) the specific applicable water quality requirements with which the discharge will not comply; (bb) a statement explaining why the discharge will not comply with the identified applicable water quality requirements; and (cc) if the denial is due to insufficient information, a description of the specific water quality data or information, if any, that would be needed to ensure that the discharge from the proposed project will comply with applicable water quality requirements. (II) General licenses or permits If a certifying authority denies a certification application for a general license or permit, the certifying authority shall provide to the applicable Federal licensing or permitting agency— (aa) the specific applicable water quality requirements with which discharges that could be authorized by the general license or permit will not comply; (bb) a statement explaining why discharges that could be authorized by the general license or permit will not comply with the identified applicable water quality requirements; and (cc) if the denial is due to insufficient information, a description of the specific water quality data or information, if any, that would be needed to assure that the range of discharges that could be authorized by the general license or permit from potential projects will comply with applicable water quality requirements. (iv) Review (I) In general Not later than 60 days after the date on which a Federal licensing or permitting agency receives a notice described in clause (iii) or a certification under subparagraph (B) that includes conditions to that certification, the Federal licensing or permitting agency shall complete a review of the process undertaken by the certifying authority in reviewing the applicable certification application to determine whether the certifying authority established a reasonable period of time within which to review that certification application in accordance with subparagraph (D)(ii). (II) Denials If, after carrying out a review under subclause (I) of the process undertaken by a certifying authority with respect to a denial of a certification application, a Federal licensing or permitting agency determines that the certifying authority did not, in determining the reasonable period of time within which to review the certification application, consider all of the factors described in subclause (I), (II), or (III) of subparagraph (D)(ii), the Federal licensing or permitting agency shall— (aa) deem the certifying authority to have failed to act on the certification application; and (bb) pursuant to subparagraph (D)(iii), consider the requirement for a certification under subparagraph (B) waived. (III) Conditions If, after carrying out a review under subclause (I) of the process undertaken by a certifying authority with respect to including conditions to a certification under subparagraph (B), a Federal licensing or permitting agency determines that the certifying authority did not, in determining the reasonable period of time within which to review the applicable certification application, consider all of the factors described in subclause (I), (II), or (III) of subparagraph (D)(ii), the Federal licensing or permitting agency shall consider the certification conditions void. (D) Review period (i) In general A certifying authority shall, subject to this subparagraph, issue to the applicable Federal licensing or permitting authority a final action on a certification application within a reasonable period of time, which— (I) shall be determined by the certifying authority by not later than 60 days after the date on which the certification application is received by the certifying authority; but (II) (aa) shall begin on the date on which the certification application is received by the certifying authority; and (bb) shall not exceed 1 year from the date on which the certifying authority receives the certification application. (ii) Determination of reasonable period In determining the reasonable period of time under clause (i)(I), a certifying authority shall consider— (I) the complexity of the project described in the certification application; (II) the nature of any potential discharge from that project; and (III) the potential need for additional study or evaluation of water quality effects from the discharge. (iii) Failure to act within period If a certifying authority fails or refuses to issue a final action on a certification application by the end of the reasonable period of time established under this subparagraph, the requirement for a certification under subparagraph (B) shall be waived. (iv) No pausing or tolling The reasonable period of time established for a certification application under this subparagraph may not be paused or tolled for any reason. (E) Final action (i) In general After completion of the reasonable period of time established under subparagraph (D) and any review that may be required under subparagraph (C)(iv) for a certification application, the certifying authority or Federal licensing or permitting authority, as applicable, shall apply only 1 of the following final actions to the certification application: (I) The certification application is granted. (II) The certification application is granted with conditions. (III) The certification application is denied. (IV) The certification requirements under subparagraph (B) have been waived in accordance with this paragraph with respect to the activity for which the certification application was submitted. (ii) No other final actions No other final action may apply to a certification application except as described in clause (i). (F) Enforcement of conditions The Federal licensing or permitting authority to which a certification under this subsection was issued shall be responsible for enforcing any conditions included with that certification. (G) Timeline for action If a Federal court remands or vacates a certification under this paragraph, the Federal court shall set and enforce a reasonable schedule and deadline, not to exceed 180 days from the date on which the Federal court remands or vacates the certification, for the certifying agency to act on the remand or vacatur. ; (2) in subsection (a) (as so amended)— (A) in paragraph (2), by striking (2) Upon receipt (2) Notice to Administrator; effect on other States On receipt ; (B) in paragraph (3), by striking (3) The certification (3) Fulfillment of requirements The certification ; (C) in paragraph (4), by striking (4) Prior to (4) Review for compliance Prior to ; (D) in paragraph (5), by striking (5) Any Federal (5) Suspension and revocation Any Federal ; and (E) in paragraph (6), by striking (6) Except with (6) Applicability to certain facilities Except with ; (3) in subsection (b), by striking (b) Nothing (b) Compliance with other provisions of law setting applicable water quality requirements Nothing ; (4) in subsection (c), by striking (c) In order (c) Authority of secretary of the army To permit use of spoil disposal areas by federal licensees or permittees In order ; (5) in subsection (d), by striking (d) Any certification (d) Limitations and monitoring requirements of certification Any certification ; and (6) by adding at the end the following: (e) Definition of applicable water quality requirements In this section, the term applicable water quality requirements (1) the applicable provisions of sections 301, 302, 303, 306, and 307; and (2) applicable State or Tribal regulatory requirements for the discharge from point sources into the waters of the United States. . (b) Permits for dredged or fill material (1) In general Section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 (A) by striking the heading and section designation and all that follows through (a) The Secretary 404. Permits for dredged or fill material (a) Discharge into navigable waters at specified disposal sites (1) In general The Secretary ; (B) in subsection (a)(1) (as so designated), in the second sentence— (i) by striking this subsection paragraph (1) (ii) by striking Not later than the fifteenth day (2) Notice Not later than the 15th day ; (C) in subsection (c)— (i) in the third sentence— (I) by striking his finding and his reasons the findings and reasons of the Administrator (II) by striking The Administrator (4) Findings and reasoning The Administrator ; (ii) in the second sentence, by striking Before making such determination (3) Consultation Before making a determination under paragraph (1) ; (iii) by striking (c) The Administrator (c) Prohibition of specification of areas as disposal sites (1) In general Subject to paragraph (2), the Administrator ; and (iv) by inserting after paragraph (1) (as so designated) the following: (2) Limitation The Administrator may not prohibit the specification of a defined area as a disposal site, or otherwise deny or restrict the use of a defined area as a disposal site after a permit under this section for the area has been issued by the Secretary. ; (D) in subsection (e)— (i) in paragraph (1), in the second sentence— (I) by striking subsection (b)(1) of this section, and (B) set forth subsection (b)(1); and (ii) set forth ; (II) by striking shall (A) be based shall— (i) be based ; and (III) by striking Any general (B) Requirements for issuance Any general ; (ii) by striking (e)(1) In carrying (e) General permits on State, regional, or nationwide basis (1) Permits authorized (A) In general In carrying ; (iii) in paragraph (2), by striking (2) No general (2) Term No general ; and (iv) by adding at the end the following: (3) Single and complete projects (A) Definition of single and complete project (i) In general In this paragraph, the term single and complete project (I) a single owner or developer; (II) a partnership of 1 or more owners or developers; or (III) an association of owners or developers. (ii) Linear projects (I) Definition In this clause, the term linear project (II) General rule For purposes of this paragraph, with respect to projects described in clause (i) that are linear projects— (aa) the crossings of separate waters of the United States at a specific location shall be considered 1 single and complete project; but (bb) each crossing of a single water of the United States shall be considered a separate single and complete project if those crossings are at separate and distant locations. (III) Additional exclusions For purposes of subclause (II), individual channels in a braided stream or river, individual arms of a large, irregularly-shaped wetland or lake, and other, similar bodies of water shall not be considered to be separate waters of the United States. (B) Requirement In determining whether a general permit issued under this subsection applies to an activity, the Secretary shall consider the estimated total of all losses of waters of the United States expected to result from the single and complete project. (C) Use of multiple permits The Secretary may combine 2 or more general permits issued under this subsection to authorize a single and complete project, but the same general permit issued under this subsection may not be used more than once for a single and complete project. (4) Reissuance of nationwide permits In determining whether to reissue a general permit issued under this subsection on a nationwide basis— (A) no consultation with an applicable State pursuant to section 6(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1535(a) (B) no consultation with a Federal agency pursuant to section 7(a)(2) of that Act ( 16 U.S.C. 1536(a)(2) (C) for purposes of carrying out the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (5) Nationwide permit for oil and natural gas pipelines Notwithstanding any other provision of this section, the Secretary shall maintain a nationwide permit for the activities required for the construction, maintenance, repair, operation, and removal of oil and natural gas pipelines and associated facilities that result in the loss of, with respect to waters of the United States, an area of more than 1/2 nationwide permit 12 ; (E) in subsection (h)— (i) in paragraph (1), by adding at the end the following: (I) To issue permits not later than the date that is 1 year after the date on which the State receives an application for the permit, which may not be paused or tolled for any reason. (J) To ensure that, if the State does not issue a final action with respect to an application for a permit within the 1-year period described in subparagraph (I), the application is considered to be approved. (K) To carry out a programmatic review of the program annually to ensure that the program does not exceed the authority granted to the State under this section. ; and (ii) by adding at the end the following: (6) Action required (A) In general A State with a permit program approved under this subsection shall issue a final action with respect to an application for a permit described in subsection (g)(1) not later than 1 year after the date of receipt of the application. (B) Failure to act An application for a permit described in subsection (g)(1) submitted to a State with a permit program approved under this subsection shall be considered to be approved if the State fails to issue a final action with respect to the application by the end of the 1-year period described in subparagraph (A). (C) No pausing or tolling The 1-year period described in subparagraph (A) may not be paused or tolled for any reason. ; (F) in subsection (s)(3), in the third sentence, by striking acton action (G) in subsection (t), by striking (t) Nothing (u) Savings provision Nothing ; and (H) by inserting after subsection (s) the following: (t) Judicial review (1) Statute of limitations (A) In general Notwithstanding any other provision of law, an action seeking judicial review of an individual or general permit issued under this section shall be filed not later than the date that is 60 days after the date on which the permit was issued. (B) Savings provision Nothing in subparagraph (A) authorizes an action seeking judicial review of the structure of or authorization for a State permit program approved pursuant to this section. (2) Timeline to act on remand and vacatur If a Federal court remands or vacates a permit under this section, the Federal court shall set and enforce a reasonable schedule and deadline, which may not exceed 180 days from the date on which the Federal court remands or vacates the permit, for the issuer of the permit to act on that remand or vacatur. . (2) Ratification of current permits Notwithstanding any other provision of law, each category of activities authorized by a general permit issued under section 404(e) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(e) 33 U.S.C. 403 33 U.S.C. 1344(e)(1) (A) not more than minimal adverse environmental effects when actions authorized under those permits are carried out separately; and (B) not more than minimal cumulative adverse effects on the environment. (3) Savings provision Nothing in this subsection or the amendments made by this subsection requires a State (including an Indian tribe that is treated as a State pursuant to section 518(e) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(e) 33 U.S.C. 1344 (c) Definition of navigable waters Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 (1) in each of paragraphs (1) through (20), by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; (2) by indenting paragraphs (1) through (20) appropriately; and (3) by striking paragraph (7) and inserting the following: (7) Navigable waters; waters of the United States (A) In general The terms navigable waters waters of the United States (i) the territorial seas and waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including waters that are subject to the ebb and flow of the tide; (ii) a tributary; (iii) a lake, pond, or impoundment of water from a body of water otherwise described in this subparagraph that— (I) contributes to surface water flow to a body of water described in clause (i) in a typical year; or (II) is inundated by flooding from a body of water otherwise described in this subparagraph during a typical year; and (iv) adjacent wetlands. (B) Exclusions The terms navigable waters waters of the United States (i) an ephemeral feature, including an ephemeral stream, swale, gully, rill, pool, or tributary that is ephemeral during a typical year; (ii) groundwater, including groundwater drained through subsurface drainage systems; (iii) an artificially irrigated area that would revert to upland or dry land if that artificial irrigation ceased; (iv) an artificial lake or pond that— (I) is not an impoundment described in subparagraph (A)(iii); and (II) is constructed or excavated in upland or dry land; (v) a water-filled depression that is— (I) constructed or excavated in upland or dry land; and (II) incidental to mining or construction activity; (vi) a pit that is excavated in upland for the purpose of obtaining fill, sand, or gravel; (vii) a stormwater control feature that is constructed or excavated in upland or dry land to convey, treat, infiltrate, or store stormwater runoff; (viii) a groundwater recharge, water reuse, or wastewater treatment recycling structure that is constructed or excavated in upland or dryland; (ix) a waste treatment system; (x) prior converted cropland; (xi) (I) a ditch that is not a body of water described in clause (i) or (ii) of subparagraph (A); and (II) any portion of a ditch constructed in adjacent wetlands that does not meet the requirements described in subparagraph (C)(i); (xii) diffuse stormwater runoff and directional sheet flow over upland; and (xiii) a water or water feature that is not identified in subparagraph (A). (C) Associated definitions For purposes of this paragraph: (i) Adjacent wetlands The term adjacent wetlands (I) touch at least one point or side of a body of water described in clause (i), (ii), or (iii) of subparagraph (A); (II) are inundated by flooding from a body of water described in clause (i), (ii), or (iii) of subparagraph (A) during a typical year; or (III) are physically separated from a body of water described in clause (i), (ii), or (iii) of subparagraph (A) only by— (aa) a natural berm, bank, dune, or similar natural feature; or (bb) an artificial dike, barrier, or similar artificial structure, if that structure allows for a direct hydrological surface connection to the body of water described in that clause (i), (ii), or (iii) in a typical year, such as through a culvert, flood or tide gate, pump, or similar artificial feature. (ii) Ditch The term ditch (iii) Ephemeral The term ephemeral (iv) High tide line (I) In general The term high tide line (II) Exclusions The term high tide line (v) Intermittent The term intermittent (vi) Ordinary high water mark The term ordinary high water mark (vii) Perennial The term perennial (viii) Prior converted cropland (I) In general The term prior converted cropland (II) Inclusion The term prior converted cropland (III) Exclusion The term prior converted cropland (IV) Associated definition In this clause, the term abandoned (ix) Snowpack The term snowpack (x) Tributary The term tributary (I) contributes to surface water flow to a body of water described in subparagraph (A)(i); and (II) is perennial or intermittent in a typical year. (xi) Typical year The term typical year (xii) Upland The term upland (I) is not wetlands; and (II) does not lie below the ordinary high water mark or the high tide line of a body of water described in subparagraph (A). (xiii) Waste treatment system The term waste treatment system (xiv) Wetlands The term wetlands . 3. National Environmental Policy Act of 1969 modifications (a) Definitions The National Environmental Policy Act of 1969 is amended by inserting after section 2 ( 42 U.S.C. 4321 3. Definitions In this Act: (1) Categorical exclusion The term categorical exclusion (2) Effects (A) In general The term effects (i) are reasonably foreseeable and not remote in time, geographically remote, or the product of a lengthy causal chain; (ii) have a reasonably close causal relationship, as determined by the Federal agency, to the proposed action or alternative action, as applicable; and (iii) the Federal agency has the ability to prevent and that would not occur absent the proposed action or alternative action. (B) Requirement For purposes of subparagraph (A)(ii), a but for (3) Environmental assessment The term environmental assessment (4) Environmental impact statement The term environmental impact statement (5) Major Federal action (A) In general The term major Federal action (B) Exclusions The term major Federal action (i) a nondiscretionary or extraterritorial activity or decision; (ii) an action that does not result in a final agency action under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (iii) a judicial or administrative enforcement action; (iv) an action involving funding, the control of which is not maintained by the Federal agency that was appropriated the funds; (v) a non-Federal project with minimal Federal funding or involvement; (vi) a loan, loan guarantee, or other financial assistance where the Federal agency does not exercise sufficient control or responsibility over the funds; and (vii) any action that was deemed to not be a major Federal action by a Federal court. (C) Other actions A Federal agency may determine whether any other action is a major Federal action for purposes of the requirements of this Act. . (b) NEPA thresholds Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. 106. Thresholds Prior to carrying out the requirements of this title for a major Federal action, the Federal agency seeking to carry out the action shall determine whether— (1) the action is exempt from the requirements of this title by another Federal law (including regulations); (2) compliance with this title would— (A) clearly and fundamentally conflict with another Federal law (including regulations); or (B) be inconsistent with the congressional intent of another Federal law; (3) the action is nondiscretionary, such that the Federal agency lacks authority to consider the environmental effects of the action; and (4) a review of the effects of the action under another Federal law (including regulations) would satisfy the requirements of this title. . (c) Determining appropriate level of NEPA review Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. 107. Determining appropriate level of NEPA review In assessing the appropriate level of review to be conducted by a Federal agency under this title for a major Federal action, the Federal agency shall determine whether the proposed action— (1) normally does not have significant effects or qualifies as a categorical exclusion; (2) is likely to have insignificant effects or unknown effects; or (3) is likely to have significant effects. . (d) Environmental impact statements (1) In general Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. 108. Environmental impact statement requirements (a) Statement of purpose and need (1) In general An environmental impact statement shall briefly specify the underlying purpose and need to which a Federal agency is responding. (2) Alternatives analysis Any alternatives analyzed by the Federal agency shall— (A) meet the purpose and need for the proposed action; and (B) where applicable, meet the goals of the applicant. (b) Page limits for environmental impact statements The text of a final environmental impact statement shall be proportional to the potential effects, and size, of the proposed action, but shall not be longer than— (1) 150 pages; or (2) in the case of a proposed action of unusual complexity, as determined by the applicable Federal agency, 300 pages. (c) Time limit for preparing an environmental impact statement (1) In general Not later than 2 years after the date on which a Federal agency issues a notice of intent to carry out a proposed action, the Federal agency shall submit to the Environmental Protection Agency the environmental impact statement for that proposed action. (2) Failure to act If a Federal agency does not submit an environmental impact statement in accordance with the timeline described in paragraph (1), the requirements of this title shall be deemed to have been fulfilled for the proposed action. (d) Specificity of comments and information (1) Comments on draft environmental impact statements Comments and objections of any kind relating to an environmental impact statement for a proposed action shall be raised within the comment period on the draft environmental impact statement provided by the applicable Federal agency, consistent with the requirements of section 1506.11 of title 40, Code of Federal Regulations (as in effect on September 14, 2020). (2) Comments on final environmental impact statements If the applicable Federal agency requests comments on a final environmental impact statement prepared for a major Federal action before the final decision of the Federal agency, comments and objections of any kind shall be raised within the comment period provided by the Federal agency. (3) Unexhausted and forfeited comments Comments and objections of any kind not provided within the comment periods described in paragraphs (1) and (2) shall be considered unexhausted and forfeited, consistent with section 1500.3(b) of title 40, Code of Federal Regulations (as in effect on September 14, 2020). (e) Record of decision in cases requiring environmental impact statements Each record of decision prepared by a Federal agency for a proposed action shall contain a statement certifying that the Federal agency considered all alternatives to, and information and analyses relating to, the proposed action submitted during the process of carrying out the requirements of this title. . (2) Conforming amendments Section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) (A) in subparagraph (C)— (i) in the matter preceding clause (i), by striking a detailed statement an environmental impact statement (ii) in the undesignated matter following clause (v), in the first sentence, by striking Prior to making any detailed statement Prior to preparing an environmental impact statement (B) in subparagraph (D)— (i) in the matter preceding clause (i), by striking detailed statement environmental impact statement (ii) in clause (iv), by striking detailed statement environmental impact statement (e) Time limit for environmental assessment completion Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. 109. Environmental assessment requirement Not later than 1 year after the date on which a Federal agency decides to prepare an environmental assessment for a proposed action, the Federal agency shall submit to the Environmental Protection Agency that environmental assessment. . (f) Adoption of certain categorical exclusions Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. 110. Adoption of certain categorical exclusions A Federal agency may adopt the determination of another Federal agency that a categorical exclusion applies to a proposed action if the action covered by the original categorical exclusion determination and the proposed action of the adopting Federal agency are substantially the same, in the determination of the adopting Federal agency. . 4. Endangered Species Act of 1973 modifications (a) Definitions Section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 (1) by redesignating paragraphs (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), (18), (19), (20), and (21) as paragraphs (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), and (22), respectively; (2) by inserting after paragraph (5) the following: (6) The term destruction or adverse modification ; and (3) by inserting after paragraph (10) (as so redesignated) the following: (11) The term foreseeable future . (b) Consideration of economic impacts in listing decisions Section 4(a)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a)(1) (1) in subparagraph (A)— (A) by striking the The (B) by striking the semicolon at the end and inserting a period; (2) in subparagraph (B)— (A) by striking overutilization Overutilization (B) by striking the semicolon at the end and inserting a period; (3) in subparagraph (C)— (A) by striking disease Disease (B) by striking the semicolon at the end and inserting a period; (4) in subparagraph (D)— (A) by striking the The (B) by striking ; or (5) in subparagraph (E), by striking other Other (6) by adding at the end the following: (F) Whether listing the species as an endangered species or a threatened species would result in economic or other impacts on landowners. . (c) Criteria for delisting a species Section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (j) Criteria for delisting a species The Secretary shall remove a species included on the list published pursuant to subsection (c) if the Secretary determines, after conducting a review of the status of the applicable endangered species or threatened species using the best scientific and commercial data available, that— (1) the listed species is extinct; (2) the listed species is no longer an endangered species or a threatened species; or (3) the listed species is not a species. . (d) Restrictions on designating critical habitat Section 4(a)(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a)(3) (C) Restriction on designating critical habitat The Secretary shall not designate habitat as critical habitat under this paragraph if— (i) a species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of that threat to the species; (ii) the present or threatened destruction, modification, or curtailment of the habitat or range of a species— (I) is not a threat to the species; or (II) is solely a result of causes that cannot be addressed through management actions; (iii) areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States; (iv) no areas of the habitat are critical habitat; or (v) the Secretary otherwise determines that designation of the habitat as critical habitat would not be prudent based on the best scientific data available. . (e) Unoccupied areas Section 3(5)(A) of the Endangered Species Act of 1973 ( 16 U.S.C. 1532(5)(A) (ii) specific areas outside the geographical area occupied by the species at the time the species is listed in accordance with section 4, as described in clause (i), if the Secretary determines that— (I) the geographical area occupied by the species described in clause (i), at the time of the listing, is inadequate to ensure the conservation of the species; and (II) it is reasonably certain that the specific area outside the geographical area occupied by the species— (aa) will contribute to the conservation of the species; and (bb) contains at least 1 physical or biological feature essential to the conservation of the species. . (f) Protective regulations for threatened species (1) In general Section 4(d) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(d) (A) in the first sentence, by striking Whenever any species (1) In general Whenever any species is listed as a threatened species pursuant this section, the Secretary shall promulgate species-specific regulations that the Secretary determines are appropriate to provide for the conservation of the threatened species. ; (B) in the second sentence, by striking The Secretary may by regulation (2) Taking prohibitions Subject to paragraph (3), the Secretary, by species-specific regulation, may ; and (C) in paragraph (2) (as so designated)— (i) by inserting a comma after section 9(a)(2) (ii) by striking endangered species; (3) Taking of resident species With respect to the taking of resident species of fish or wildlife, a regulation promulgated under paragraph (2) shall apply in any State which has entered into a cooperative agreement pursuant to section 6(c) only to the extent that the regulation has also been adopted by that State. . (2) Effective date The amendments made by paragraph (1) shall apply to species listed or reclassified as threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (g) Consultations (1) Expedited consultations Section 7(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a) (5) Expedited consultations (A) In general On request of a Federal agency, and in cooperation with a prospective permit or license applicant, as applicable, the Secretary and the Federal agency shall initiate an expedited consultation with respect to an agency action that has minimal or predictable effects on a listed species or a critical habitat based on prior consultations the Federal agency has conducted with the Secretary under this subsection. (B) Timeline (i) In general Subject to clause (ii), if a Federal agency requests an expedited consultation under subparagraph (A) after determining that the agency action to be carried out by the Federal agency has minimal or predictable effects on a listed species or a critical habitat, the Secretary shall, not later than 30 days after the date on which the Secretary receives the determination of the Federal agency, approve or deny the request for an expedited consultation. (ii) Extended timeline On mutual agreement between the Secretary and the Federal agency, the Secretary may extend the timeline described in clause (i) to a period of not more 60 days after the date on which the Federal agency requests an expedited consultation under subparagraph (A). . (2) Consultations not required for permits for dredged or fill material Section 7(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a) (6) Nonapplicability to nationwide permits for dredged or fill material The requirements of this subsection shall not apply to any agency action relating to the reissuance of a general permit on a nationwide basis under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1343 . (h) Timelines for agency actions Section 7(b)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(b)(1) (1) in subparagraph (A), by striking 90-day 60-day (2) in subparagraph (B)— (A) in the matter preceding clause (i)— (i) by striking 90 days 60 days (ii) by striking 90th day 60th day (B) in clause (i), in the matter preceding subclause (I), by striking 150th day 100th day (C) in clause (ii), by striking 150 100 (i) Requirements for designating critical habitat Section 4(a)(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a)(3) (D) Requirements for designating critical habitat In designating habitat as critical habitat under this paragraph, the Secretary shall designate only the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support 1 or more life processes of a species. . (j) Biological opinions Section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (q) Biological opinions (1) Definition of biological opinion In this subsection, the term biological opinion (A) to jeopardize the continued existence of a listed species; or (B) result in the destruction or adverse modification of critical habitat of that species. (2) Requirements A biological opinion shall include— (A) a summary of the information on which the biological opinion is based; (B) a detailed discussion of the environmental baseline of the listed species and critical habitat; (C) a detailed discussion of the effects of the agency action on the listed species or critical habitat; and (D) the opinion of the Secretary on whether the agency action is— (i) likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat, which shall be known as a jeopardy (ii) not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat, which shall be known as a no jeopardy (3) Adoption of entire initiation package In a biological opinion, the Secretary may adopt all or part of the initiation package of a Federal agency prepared in accordance with section 402.14(c) of title 50, Code of Federal Regulations (as in effect on October 28, 2019). (4) Reasonable and prudent alternative measures (A) Definition of reasonable and prudent alternative In this paragraph, the term reasonable and prudent alternative (i) can be implemented in a manner consistent with the intended purpose of the action; (ii) can be implemented consistent with the scope of the legal authority and jurisdiction of a Federal agency; and (iii) is economically and technologically feasible. (B) Inclusion of reasonable and prudent alternatives In preparing a biological opinion, the Secretary shall include reasonable and prudent alternatives, as applicable. (C) No reasonable and prudent alternatives If the Secretary is unable to develop reasonable and prudent alternatives to include in a biological opinion in accordance with subparagraph (B), the Secretary shall indicate that, to the knowledge of the Secretary, no reasonable or prudent alternatives exist. . 5. Expediting completion of the mountain valley pipeline (a) Definition of mountain valley pipeline In this section, the term Mountain Valley Pipeline (b) Expedited approval Notwithstanding any other provision of law, not later than 21 days after the date of enactment of this Act and for the purpose of facilitating the completion of the Mountain Valley Pipeline— (1) the Secretary of the Army shall issue all permits or verifications necessary— (A) to complete the construction of the Mountain Valley Pipeline across the waters of the United States; and (B) to allow for the operation and maintenance of the Mountain Valley Pipeline; (2) the Secretary of Agriculture shall amend the Land and Resource Management Plan for the Jefferson National Forest in a manner that is substantively identical to the record of decision with respect to the Mountain Valley Pipeline issued on January 11, 2021; and (3) the Secretary of the Interior shall— (A) reissue the biological opinion and incidental take statement for the Mountain Valley Pipeline in a manner that is substantively identical to the biological opinion and incidental take statement previously issued on September 4, 2020; and (B) grant all necessary rights-of-way and temporary use permits in a manner that is substantively identical to those permits approved in the record of decision with respect to the Mountain Valley Pipeline issued on January 14, 2021. (c) Judicial review No action taken by the Secretary of the Army, the Federal Energy Regulatory Commission, the Secretary of Agriculture, or the Secretary of the Interior that grants an authorization, permit, verification, biological opinion, incidental take statement, or any other approval related to the Mountain Valley Pipeline, including the issuance of any authorization, permit, verification, authorization, biological opinion, incidental take statement, or other approval described in subsection (b), shall be subject to judicial review. (d) Effect This section preempts any statute (including any other section of this Act), regulation, judicial decision, or agency guidance that is inconsistent with the issuance of any authorization, permit, verification, authorization, biological opinion, incidental take statement, or other approval described in subsection (b). | Pipeline Permitting for Energy Security Act of 2022 |
Energy Security and Lightering Independence Act of 2022 This bill authorizes an alien crewman to obtain a permit to land in the United States for up to 180 days if, during this period, the crewman will perform ship-to-ship liquid cargo transfer operations involving a vessel engaged in foreign trade. Currently, an alien crewman may obtain a permit to land for up to 29 days. | S5168 ENR: Energy Security and Lightering Independence 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. One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. 5168 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Immigration and Nationality Act to include aliens passing in transit through the United States to board a vessel on which the alien will perform ship-to-ship liquid cargo transfer operations within a class of nonimmigrant aliens, and for other purposes. 1. Short title This Act may be cited as the Energy Security and Lightering Independence Act of 2022 2. Changes in nonimmigrant categories (a) Transit through United States Section 101(a)(15)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(C) (C) (i) an alien in immediate and continuous transit through the United States, for a period not to exceed 29 days; (ii) an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District (as defined in section 209A(e) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 4309a(e) (iii) an alien passing in transit through the United States to board a vessel on which the alien will perform, or to disembark from a vessel on which the alien performed, ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade, for a period not to exceed 180 days; . (b) Alien crewmen Section 101(a)(15)(D) of such Act ( 8 U.S.C. 1101(a)(15)(D) (1) in clause (ii), by adding or (2) by adding at the end the following: (iii) an alien crewman performing ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade, who intends to land temporarily solely in pursuit of the alien’s responsibilities as a crewman and to depart from the United States on the vessel on which the alien arrived or on another vessel or aircraft, for a period not to exceed 180 days; . 3. Conditional permits to land temporarily Section 252(a) of the Immigration and Nationality Act ( 8 U.S.C. 1282(a) (1) in paragraph (1), by striking or (2) in paragraph (2), by striking the period at the end and inserting ; or (3) by adding at the end the following: (3) 180 days, if the immigration officer determines that the crewman— (A) intends to depart, within the period for which the crewman is permitted to land, on the same vessel or on a vessel or aircraft other than the vessel on which the crewman arrived; and (B) will perform ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade during such period. . 4. Rule of construction For purposes of this Act, and the amendments made by this Act, the performance by a crewman of ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade shall not be considered, for immigration purposes, to be services, work, labor or employment by the crewman within the United States. Speaker of the House of Representatives Vice President of the United States and President of the Senate | Energy Security and Lightering Independence Act of 2022 |
Truck Parking Safety Improvement Act This bill directs the Department of Transportation (DOT) to provide competitive grants to Indian tribes, states, metropolitan planning organizations, and local governments for projects that provide parking for commercial motor vehicles and improve the safety of commercial motor vehicle drivers on federal-aid highways or on a facility with reasonable access to such a highway or a freight facility. In providing grants, DOT must prioritize applicants that demonstrate a shortage of commercial motor vehicle parking capacity in the corridor in which the project is located; consultation with motor carriers, commercial motor vehicle drivers, public safety officials, and private providers of commercial motor vehicle parking; the project will likely increase the availability or utilization of commercial motor vehicle parking, facilitate the efficient movement of freight, and improve highway safety, traffic congestion, and air quality; and the ability to provide for the maintenance and operation of the facility. | 117 S5169 IS: Truck Parking Safety Improvement Act U.S. Senate 2022-12-01 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. 5169 IN THE SENATE OF THE UNITED STATES December 1, 2022 Ms. Lummis Mr. Kelly Committee on Environment and Public Works A BILL To amend title 23, United States Code, to establish a competitive grant program for projects for commercial motor vehicle parking, and for other purposes. 1. Short title This Act may be cited as the Truck Parking Safety Improvement Act 2. Sense of Congress It is the sense of Congress that it should be a national priority to address the shortage of parking for commercial motor vehicles on the Federal-aid highway system to improve highway safety. 3. Parking for commercial motor vehicles (a) In general Chapter 1 180. Parking for commercial motor vehicles (a) Definitions In this section: (1) Commercial motor vehicle The term commercial motor vehicle (2) Safety rest area The term safety rest area (b) Grant authority Subject to the availability of funds, the Secretary shall make grants, on a competitive basis, to eligible entities for projects to provide parking for commercial motor vehicles and improve the safety of commercial motor vehicle drivers. (c) Eligible entities (1) In general An entity eligible to receive a grant under this section is any of the following: (A) A State. (B) A metropolitan planning organization. (C) A unit of local government. (D) A political subdivision of a State or local government carrying out responsibilities relating to commercial motor vehicle parking. (E) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (F) A multistate or multijurisdictional group of entities described in subparagraphs (A) through (E). (2) Private sector participation An eligible entity that receives a grant under this section may partner with a private entity to carry out an eligible project under this section. (d) Eligible projects (1) In general An entity may use a grant provided under this section for a project described in paragraph (2) that is on— (A) a Federal-aid highway; or (B) a facility with reasonable access (as described in section 658.19 of title 23, Code of Federal Regulations (or a successor regulation)) to— (i) a Federal-aid highway; or (ii) a freight facility. (2) Projects described A project referred to in paragraph (1) is a project— (A) to construct a safety rest area that includes parking for commercial motor vehicles; (B) to construct additional commercial motor vehicle parking capacity— (i) on or adjacent to a private commercial truck stop or travel plaza; (ii) within the boundaries of, or adjacent to, a publicly owned freight facility, including a port terminal operated by a public authority; (iii) at an existing facility, including an inspection or weigh station and a park-and-ride location; or (iv) at another suitable facility, as determined by the Secretary; (C) to reopen an existing weigh station, safety rest area, park-and-ride facility, or other government-owned facility, that is not in use, for commercial motor vehicle parking; (D) to construct or make capital improvements to an existing public commercial motor vehicle parking facility to expand parking use and availability, including at a seasonal facility; (E) to identify, promote, and manage the availability of publicly and privately provided commercial motor vehicle parking, such as through the use of intelligent transportation systems; (F) to improve the personal safety and security of commercial motor vehicle drivers at a parking facility as part of a project described in subparagraphs (A) through (D); (G) to improve a parking facility, including through advanced truck stop electrification systems and other improvements determined appropriate by the Secretary, as part of a project described in subparagraphs (A) through (D); or (H) to maintain a safety rest area that is open to commercial motor vehicles. (e) 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 require, including— (1) a description of the proposed project; and (2) any other information that the Secretary determines to be necessary. (f) Priority In providing grants under this section, the Secretary shall give priority to applications that demonstrate— (1) a shortage of commercial motor vehicle parking capacity in the corridor in which the project is located; (2) consultation with motor carriers, commercial motor vehicle drivers, public safety officials, and private providers of commercial motor vehicle parking; (3) that the project will likely— (A) increase the availability or utilization of commercial motor vehicle parking; (B) facilitate the efficient movement of freight; and (C) improve highway safety, traffic congestion, and air quality; and (4) the ability to provide for the maintenance and operation of the facility. (g) Use of funds (1) In general An eligible entity may use a grant under this section for— (A) development phase activities, including planning, feasibility analysis, benefit-cost analysis, environmental review, preliminary engineering and design work, and other preconstruction activities necessary to advance a project under this section; and (B) construction and operational improvements. (2) Limitations (A) In general An eligible entity may use not more than 25 percent of the amount of a grant under this section for activities described in paragraph (1)(A). (B) Existing facilities (i) In general Except as provided in clause (ii), not more than 10 percent of the amounts made available for each fiscal year for grants under this section may be used for projects described in subsection (d)(2)(E) that solely identify, promote, and manage the availability of existing commercial motor vehicle parking. (ii) Exception Clause (i) shall not apply to a project described in subsection (d)(2)(E) that is part of a project to expand commercial motor vehicle parking capacity. (C) Maintenance Not more than 15 percent of the amounts made available for each fiscal year for grants under this section may be used for projects described in subsection (d)(2)(H). (h) Requirements (1) Publicly accessible parking Commercial motor vehicle parking constructed, opened, or improved with funds from a grant under this section shall be open and accessible to all commercial motor vehicle drivers. (2) Prohibition on charging fees (A) In general Except as provided in subparagraph (B), no fee may be charged to a commercial motor vehicle to access parking constructed, opened, maintained, or improved with a grant under this section. (B) Ancillary fees A fee may be charged to a commercial motor vehicle for ancillary services related to parking constructed, opened, maintained, or improved with a grant under this section, including— (i) a system that provides heating and air conditioning to commercial motor vehicles; or (ii) a system that provides electrical power to commercial motor vehicles without the need for engine idling. (i) Federal share Notwithstanding section 120, the Federal share for a project carried out under this section shall be up to 100 percent. (j) Treatment of projects Notwithstanding any other provision of law, a project carried out under this section shall be treated as a project on a Federal-aid highway under this chapter. (k) Period of availability of funds Amounts made available for projects under this section shall remain available for a period of 3 years after the last day of the fiscal year in which the amounts are made available. (l) Survey and comparative assessment (1) In general Not later than 4 years after the date of enactment of this section, and every 2 years thereafter, the Secretary, in consultation with appropriate State motor carrier safety personnel, motor carriers, State departments of transportation, and private providers of commercial motor vehicle parking, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (A) evaluates the availability of adequate parking and rest facilities, taking into account both private and public facilities, for commercial motor vehicles engaged in interstate transportation; (B) evaluates the effectiveness of the projects funded under this section in improving access to commercial motor vehicle parking; (C) evaluates the ability of eligible entities that received a grant under this section to sustain the operation of parking facilities constructed with funds provided under this section; and (D) reports on the progress being made to provide adequate commercial motor vehicle parking facilities. (2) Results The Secretary shall make the reports under paragraph (1) available to the public on the website of the Department of Transportation. (3) Alignment of reports In carrying out this subsection, the Secretary shall— (A) consider the results of the commercial motor vehicle parking facilities assessments of States under subsection (f) of section 70202 of title 49; and (B) seek to align the contents of the reports under paragraph (1) and the submission and publication of those reports with the State freight plans developed and updated under that section. . (b) Clerical amendment The analysis for chapter 1 180. Parking for commercial motor vehicles. . 4. Authorization of appropriations There are authorized to be appropriated to the Secretary of Transportation for projects for commercial motor vehicle parking under section 180 of title 23, United States Code— (1) $175,000,000 for fiscal year 2023; (2) $185,000,000 for fiscal year 2024; (3) $195,000,000 for fiscal year 2025; and (4) $200,000,000 for fiscal year 2026. | Truck Parking Safety Improvement Act |
Protecting Our Children from the CDC Act This bill prohibits the inclusion of any COVID-19 vaccine on the child and adolescent immunization schedule (which lists the vaccines recommended by the Advisory Committee on Immunization Practice for those populations) unless all clinical data related to the safety and efficacy of the vaccine is published on the website of the Centers for Disease Control and Prevention. | 117 S5171 IS: Protecting Our Children from the CDC Act U.S. Senate 2022-12-01 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. 5171 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Lee Mr. Rubio Mr. Hagerty Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID–19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. 1. Short title This Act may be cited as the Protecting Our Children from the CDC Act 2. Posting of all clinical data for COVID–19 vaccines before placement on child and adolescent schedule Part C of subtitle 2 of title XXI of the Public Health Service Act ( 42 U.S.C. 300aa–25 et seq. 2129. Posting of all clinical data for COVID–19 vaccines before placement on child and adolescent schedule (a) No inclusion of COVID vaccines The Secretary, and any official, agency, or office of the Department of Health and Human Services (including the Centers for Disease Control and Prevention and the Advisory Committee of Immunization Practices), shall not include any vaccine for COVID–19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services (including the Advisory Committee of Immunization Practices) relating to the safety and efficacy (including any adverse effects) of such vaccine. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. (b) Vaccines already on schedule as of enactment (1) Removal Any vaccine for COVID–19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. (2) Administrative action The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). (3) Rule of construction The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. (c) Definition In this section, the term child and adolescent immunization schedule . | Protecting Our Children from the CDC Act |
Women's Health Patient Navigator Act of 2022 This bill provides funding for patient navigator grants to assist individuals in accessing abortion services. The Department of Health and Human Services must award the grants to state, tribal, or local governments; nonprofits; or community organizations that offer unbiased and medically accurate programs, services, or activities to connect individuals with abortion services. Grant-funded activities include, among others, coordinating the scheduling, financing, and other logistics of abortion services. Further, the bill prohibits individuals, entities, and states from preventing or otherwise disadvantaging an entity that is eligible to receive a grant from carrying out activities to assist individuals with accessing abortion services, including in any state in which those services are not lawful. Such activities include providing (or assisting in the provision of) abortion care and other reproductive health services that are either (1) lawful in the state where the services are provided, or (2) provided to an individual who does not reside in the state where the services are provided. The bill allows for enforcement of this prohibition through private lawsuits. | 117 S5174 IS: Women's Health Patient Navigator Act of 2022 U.S. Senate 2022-12-01 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. 5174 IN THE SENATE OF THE UNITED STATES December 1, 2022 Ms. Cortez Masto Mrs. Murray Ms. Rosen Ms. Smith Mr. Bennet Ms. Duckworth Mr. Blumenthal Mr. Padilla Ms. Klobuchar Committee on Health, Education, Labor, and Pensions A BILL To establish a grant program to fund women’s health patient navigators for patients seeking abortion care. 1. Short title This Act may be cited as the Women's Health Patient Navigator Act of 2022 2. Establishment of women’s health patient navigators Subpart V of part D of title III of the Public Health Service Act ( 42 U.S.C. 256 et seq. 340A–1. Women's health patient navigators (a) In general The Secretary shall establish a grant program to support eligible entities for purposes of serving as women’s health patient navigators for patients seeking to access abortion care in order to connect those patients to abortion services. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall— (1) be a nonprofit organization, a community-based organization, a State, local governmental entity, or Tribal government that, through programs, services, or activities that are unbiased and medically- and factually-accurate, assists individuals seeking abortion services; and (2) 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— (A) establishing and operating a program of patient navigator services to help patients seeking abortion services access abortion services, as described in subsection (c); and (B) ensuring that any personally identifiable patient data obtained through the operation of such program is kept confidential. (c) Activities An eligible entity receiving a grant under this section shall use such funds for the following activities related to abortion services: (1) Informing patients of medically-accurate, culturally- and linguistically-appropriate services and resources. (2) Coordinating financing resources for travel-related costs, including transportation, childcare, and lodging. (3) Coordinating abortion services, including identifying available abortion providers and scheduling appointments. (4) Providing psycho-social support to patients seeking abortion care. (5) Assisting patients seeking care with treatment decision-making. (6) Developing partnerships with local community organizations providing services for which eligible entity provides assistance, abortion service providers, and other patient navigators, such as patient navigators receiving grants under section 340A. (7) Assisting with understanding reimbursement and health insurance coverage options, including completing eligibility and enrollment forms. (8) Assisting with understanding where abortion services are legal and the ways in which abortion services may be restricted. (d) Patient navigator protections (1) In general No individual, entity, or State may prevent, restrict, impede, or disadvantage an entity eligible to receive a grant under this section by nature of delivering services described in subsection (c), or any affiliate of such an entity or individual or other entity collaborating with such an entity, from— (A) providing or assisting a health care provider, or any other person, with eligible services described in subsection (c) related to reproductive health care services— (i) lawful in the State in which services are to be provided; or (ii) provided for an individual who does not reside in the State in which the services are to be provided; or (B) carrying out the activities described in this section in any State, including any State in which abortion services are not lawful. (2) Enforcement (A) Attorney General The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates paragraph (1). The court shall hold unlawful and set aside the limitation or requirement if it is in violation of paragraph (1). (B) Private right of action Any women's health patient navigator adversely affected by an alleged violation of paragraph (1) may commence a civil action against any State that violates this subsection, against any government official that enacts, implements, or enforces a limitation or requirement that violates paragraph (1), or against any individual who, pursuant to State law, prevents, restricts, impedes, or disadvantages the entity from carrying out activities in violation of paragraph (1). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of paragraph (1). (C) Equitable relief In any action under this subsection, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (D) 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 nonfrivolous action under this subsection. (E) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings under this subsection 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. (F) Abrogation of State immunity Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates paragraph (1) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. (G) Right to remove Any party shall have a right to remove an action brought under this subsection to the district court of the United States for the district and division embracing the place where such action is pending. An order remanding the case to the State court from which it was removed under this paragraph may be immediately reviewable by appeal or otherwise. (e) Funding There are appropriated, for fiscal years 2023 through 2027, out of amounts in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. . | Women's Health Patient Navigator Act of 2022 |
Small Business Development Centers Improvement Act of 2022 This bill reauthorizes the Small Business Development Center Program through FY2026 and otherwise revises the program. Specifically, the bill (1) generally prohibits entities other than institutions of higher education from receiving new grants under the program; (2) allows centers to collect fees related to private partnerships or cosponsorships; (3) authorizes centers to market their services directly to small businesses; and (4) modifies or establishes provisions related to program funding, operations, data collection, and reporting. | 117 S5175 IS: Small Business Development Centers Improvement Act of 2022 U.S. Senate 2022-12-01 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. 5175 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Cardin Mr. Booker Mr. Coons Ms. Hirono Mr. Markey Ms. Rosen Mrs. Shaheen Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to require an annual report on entrepreneurial development programs, and for other purposes. 1. Short title This Act may be cited as the Small Business Development Centers Improvement Act of 2022 2. Annual report on entrepreneurial development programs Section 10 of the Small Business Act ( 15 U.S.C. 639 (i) Annual report on entrepreneurial development programs (1) Definitions In this subsection: (A) Covered program The term covered program (B) Entrepreneurial development activity The term entrepreneurial development activity (2) Report required The Administrator shall include in the comprehensive annual report required under subsection (a) the following data: (A) A list of all entrepreneurial development activities undertaken during the fiscal year preceding the date of the report through a covered program, including— (i) a description and operating details for each such covered program and the activities performed under each such covered program; (ii) operating circulars, manuals, and standard operating procedures for each such covered program; (iii) a description of the process used to make awards relating to the provision of entrepreneurial development activities under each such covered program; (iv) a list of all recipients of awards under each such covered program and the amount of each such award; and (v) a list of contractors, including the name and location of such contractor, of an award recipient. (B) The total amount of funding obligated for a covered program and the entrepreneurial development activities conducted under each such covered program for the fiscal year preceding the date of the report. (C) The names and titles of the individuals responsible for carrying out a covered program. (D) For entrepreneurial development activities undertaken during the fiscal year preceding the date of the report through the Small Business Development Center Program established under section 21 (in this section referred to as the Program (i) the total number and number of individuals counseled or trained through the Program; (ii) the total number of hours of counseling and training services provided through the Program; (iii) to the extent practicable, the demographics of participants in the Program, which shall include the gender, race, ethnicity, and age of each such participant; (iv) the number of participants in the Program who are veterans; (v) the number of new businesses started by participants in the Program; (vi) to the extent practicable, the number of jobs supported, created, and retained with assistance from the Program; (vii) to the extent practicable, the total amount of capital secured by participants in the Program, including through loans and equity investment from the Administration; (viii) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (ix) 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; (x) the number of referrals of individuals to other resources and programs of the Administration; (xi) the results of satisfaction surveys of participants in the Program, including a summary of any comments received from those participants; and (xii) any recommendations by the Administrator to improve the delivery of services by the Program. . 3. Marketing of services Section 21 of the Small Business Act ( 15 U.S.C. 648 (o) No prohibition of marketing of services An applicant receiving a grant under this section may use up to 10 percent of their budget to market and advertise the services of the applicant to individuals and small business concerns. . 4. Data collection working group (a) Establishment of working group To improve data collection The Administrator of the Small Business Administration shall establish a group to be known as the Data Collection Working Group (b) Report Not later than 180 days after the date of enactment of this Act, the Data Collection Working Group shall issue a report to the Committee on Small Business and Entrepreneurship of the Senate Committee on Small Business of the House of Representatives (1) recommendations for revising existing data collection practices for the Small Business Development Center Program; and (2) a proposed plan for the Administrator of the Small Business Administration to implement the recommendations described in paragraph (1). 5. Oversight; fees from private partnerships and cosponsorships; negotiation Section 21(a)(3) of the Small Business Act ( 15 U.S.C. 648(a)(3) (1) in the matter preceding subparagraph (A), by inserting , including financial oversight, oversight (2) by moving subparagraphs (A) and (B) 2 ems to the right; (3) in subparagraph (C)— (A) by striking Whereas (B) by inserting Program Center (C) by striking National national (4) by adding at the end the following: (D) (i) A small business development center that participates in a private partnership or cosponsorship, in which the Administrator or designee of the Administrator also participates, may collect fees or other income in order to hold events related to the private partnership or cosponsorship. (ii) Nothing in clause (i) shall be construed as the Administration endorsing a private partnership or cosponsorship described in clause (i). (E) An association formed under subparagraph (A) shall, at the request of a small business development center applicant or applicants, participate in the negotiation of the cooperative agreement described in this paragraph between the small business development center applicant or applicants and the Administration. . 6. Equity for small business development centers Section 21(a)(4)(C)(v) of the Small Business Act ( 15 U.S.C. 648(a)(4)(C)(v) (1) by striking subclause (I) and inserting the following: (v) Of the amounts made available in any fiscal year to carry out this section, not more than $600,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1). . 7. Confidentiality requirements Section 21(a)(7)(A) of the Small Business Act ( 15 U.S.C. 648(a)(7)(A) (1) by striking or telephone number , telephone number, or email address (2) by inserting , or the nature or content of such assistance, to any State, local, or Federal agency, or to any third party receiving assistance under this section 8. Limitation on award of grants to small business development centers (a) In general Section 21 of the Small Business Act ( 15 U.S.C. 648 (1) in subsection (a)(1)— (A) by striking any women’s business center operating pursuant to section 29, (B) by striking or a women’s business center operating pursuant to section 29 as a Small Business Development Center (C) by striking and women’s business centers operating pursuant to section 29 (2) by adding at the end the following: (p) Limitation on award of grants Except for nonprofit institutions of higher education, and notwithstanding any other provision of law, the Administrator may not award a grant or contract to, or enter into a cooperative agreement with, an entity under this section unless that entity— (1) received a grant or contract from, or entered into a cooperative agreement with, the Administrator under this section before the date of enactment of this subsection; and (2) seeks to renew such a grant, contract, or cooperative agreement after such date. . (b) Rule of construction The amendments made by this section may not be construed as prohibiting a women’s business center described in section 29 of the Small Business Act ( 15 U.S.C. 646 15 U.S.C. 648 9. Authorization of appropriations for formula grants received by States Section 21(a)(4)(C) of the Small Business Act ( 15 U.S.C. 648(a)(4)(C) (1) in clause (vii), by striking subparagraph subparagraph $175,000,000 for each of fiscal years 2023 through 2026. (2) in clause (viii)— (A) by striking shall reserve not less than $1,000,000 shall reserve not more than $2,000,000 (B) by striking $100,000 $200,000. 10. Requirements relating to matching funds Section 21(a)(4)(A) of the Small Business Act ( 15 U.S.C. 648(a)(4)(A) Such matching funds shall be evidenced by good faith assertions from the applicant, and the expenditure of matching funds shall not be made a prerequisite of the reimbursement of Federal funds, notwithstanding the final reconciliation payment for the close-out of each award. 11. Duties of the Associate Administrator for Small Business Development Centers Section 21(h)(2) of the Small Business Act ( 15 U.S.C. 648(h)(2) (C) Marketing The Associate Administrator for Small Business Development Centers shall market and advertise the Small Business Development Center Program and participants in that Program as a resource available to any Federal program providing assistance to small business concerns, including the FAST program established under section 34. . 12. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation | Small Business Development Centers Improvement Act of 2022 |
Disaster Mitigation and Tax Parity Act of 2022 This bill excludes from gross income, for income tax purposes, any qualified catastrophe mitigation payment made under a state-based catastrophe loss mitigation program. A qualified catastrophe mitigation payment means any amount received for making improvements to an individual's residence for the sole purpose of reducing the damage that would be done to such residence by a windstorm, earthquake, wildfire, or flooding. This tax exclusion is retroactive to taxable years beginning after 2020, including by amended return. | 117 S5176 IS: Disaster Mitigation and Tax Parity Act of 2022 U.S. Senate 2022-12-01 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. 5176 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Cassidy Mrs. Feinstein Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received from State-based catastrophe loss mitigation programs. 1. Short title This Act may be cited as the Disaster Mitigation and Tax Parity Act of 2022 2. Exclusion of amounts received from state-based catastrophe loss mitigation programs (a) In general Section 139 (h) State-Based catastrophe loss mitigation programs (1) In general Gross income shall not include any amount received by an individual as a qualified catastrophe mitigation payment under a program established by— (A) a State, (B) a political subdivision or instrumentality thereof, or (C) an entity established under State charter, for the purpose of making such payments. (2) Qualified catastrophe mitigation payment For purposes of this section, the term qualified catastrophe mitigation payment (3) No increase in basis Rules similar to the rules of subsection (g)(3) shall apply in the case of this subsection. . (b) Conforming amendments (1) Section 139(d) is amended by striking and qualified , qualified catastrophe mitigation payments, and qualified (2) Section 139(i) (as redesignated by subsection (a)) is amended by striking or qualified , qualified catastrophe mitigation payment, or qualified (c) Effective date (1) In general The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (2) Retroactive applicability The exclusion under section 139(h) | Disaster Mitigation and Tax Parity Act of 2022 |
Defending Religious Accommodations for Military Members Act of 2022 This bill requires the Government Accountability Office to audit the religious accommodations relating to COVID-19 for the Armed Forces to ensure all applicable federal laws, and guidance and policies of the Department of Defense, Department of Homeland Security, and each military department were followed. | 117 S5177 IS: Defending Religious Accommodations for Military Members Act of 2022 U.S. Senate 2022-12-01 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. 5177 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Scott of Florida Mr. Braun Mr. Lee Mr. Rubio Committee on Armed Services A BILL To require the Comptroller General of the United States to conduct an audit of religious accommodations relating to the coronavirus disease 2019 for the Armed Forces to ensure all applicable laws, guidance, and policies were followed with respect to such accommodations, and for other purposes. 1. Short title This Act may be cited as the Defending Religious Accommodations for Military Members Act of 2022 2. Comptroller General audit of religious accommodations relating to COVID–19 for the Armed Forces (a) In general Commencing not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of religious accommodations relating to the coronavirus disease 2019 (in this section referred to as COVID–19 (b) Elements In conducting the audit required under subsection (a), the Comptroller General shall— (1) make a determination as to the reasons for mass denial of religious accommodations relating to COVID–19 across the Armed Forces, including a comparative study of previous religious accommodations; (2) analyze the handling by the Department of Defense and the Department of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Department of the Navy) of medical and administrative requests relating to COVID–19 compared to religious accommodation requests relating to COVID–19, to include concerns raised by members of the Armed Forces who were pregnant, trying to get pregnant, those who were breastfeeding, and others; (3) analyze the timeline of when each military department mandated that members of the Armed Forces take the COVID–19 comirnaty vaccine approved by the Food and Drug Administration and when military medical treatment facilities had the vaccine available for such members; (4) analyze how the current number of involuntary discharges relating to COVID–19 vaccine mandates of the Department of Defense and the Department of Homeland Security are negatively impacting readiness across all branches of the Armed Forces compared with the impacts of COVID–19 on members of the Armed Forces, including hospitalizations and deaths, which shall include an analysis of the total number of members of the Armed Forces scheduled to be discharged compared with impacts of COVID–19 on members of the Armed Forces, including hospitalizations and deaths; (5) determine the extent to which COVID–19 vaccine mandates of the Department of Defense and the Department of Homeland Security are negatively impacting recruiting for the Armed Forces and interest in joining the Armed Forces; (6) determine the extent to which the Department of Defense and the Department of Homeland Security could have used options to retain members of the Armed Forces who had reservations about the COVID–19 vaccine, such as requiring frequent COVID–19 testing, mask wearing, considering natural immunity, or other options so as not to impact the readiness of the Armed Forces; and (7) analyze any retaliation or retribution taken by the Department of Defense or the Department of Homeland Security, or any employee or officer of the Department of Defense or the Department of Homeland Security, with respect to any member of the Armed Forces who was either granted a religious accommodation relating to COVID–19, or who was denied such an accommodation, but refused to take the COVID–19 vaccine and was awaiting discharge proceedings. (c) Report Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the findings of the audit conducted under subsection (a). | Defending Religious Accommodations for Military Members Act of 2022 |
Great Lakes Authority Act of 2022 This bill establishes a Great Lakes Authority to support economic growth and workforce development, water infrastructure, transportation infrastructure, broadband access, lead abatement, and other initiatives in the Great Lakes region (i.e., Indiana, Michigan, Wisconsin, and parts of Ohio and Illinois). The authority must be composed of a cochairperson appointed by the President, a state cochairperson, and the governor of each Great Lakes region state that elects to participate in the authority. | 90 S5180 IS: Great Lakes Authority Act of 2022 U.S. Senate 2022-12-01 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. 5180 IN THE SENATE OF THE UNITED STATES December 1, 2022 Ms. Stabenow Mr. Portman Committee on Environment and Public Works A BILL To establish the Great Lakes Authority, and for other purposes. 1. Short title This Act may be cited as the Great Lakes Authority Act of 2022 2. Definitions In this Act: (1) Authority The term Authority (2) Great Lakes The term Great Lakes 33 U.S.C. 1268(a)(3) (3) Great Lakes Commission The term Great Lakes Commission (4) Great Lakes Basin Compact The term Great Lakes Basin Compact Public Law 90–419 (5) Great Lakes region The term Great Lakes region (A) Ohio (other than counties served by the Appalachian Regional Commission established by section 14301(a) of title 40, United States Code); (B) Illinois (other than counties served by the Delta Regional Authority established under subtitle F of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009aa et seq. (C) Indiana; (D) Michigan; and (E) Wisconsin. (6) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (7) Land bank The term land bank (8) Local development district The term local development district (A) A nonprofit incorporated body organized or chartered under the law of the State in which it is located. (B) A nonprofit agency or instrumentality of a State or local government. (C) A nonprofit agency or instrumentality created through an interstate compact. (D) An economic development district (as defined in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 (E) A nonprofit association or combination of bodies, agencies, entities, and instrumentalities described in subparagraphs (A) through (D). (9) Participating State The term participating State 3. Great Lakes Authority (a) Establishment, membership, and employees (1) In general There is established the Great Lakes Authority. (2) Membership (A) Federal and State members The Authority shall be composed of the following members: (i) A Federal Cochairperson, to be appointed by the President, not later than 60 days after the date of enactment of this Act, by and with the advice and consent of the Senate. (ii) A State Cochairperson, to be appointed in accordance with subparagraph (C)(ii). (iii) The Governor of each participating State. (B) Alternate members (i) Alternate federal cochairperson (I) In general The President shall appoint an alternate Federal Cochairperson for the Authority. (II) Duties The alternate Federal Cochairperson appointed under subclause (I), when not actively serving as an alternate for the Federal Cochairperson, shall perform such functions and duties as are delegated by the Federal Cochairperson. (ii) State alternates The State member of a participating State may have a single alternate, who shall be appointed by the Governor of the participating State from among the members of the cabinet or personal staff of the Governor. (iii) Voting An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State member for which the alternate member is an alternate. (C) Cochairpersons The Authority shall be headed by— (i) the Federal Cochairperson, who shall serve as a liaison between the Federal Government and the Authority; and (ii) a State Cochairperson, who shall be a Governor of a participating State and shall be elected by the State members for a term of not less than 1 year. (D) Consecutive terms A State member may not be elected to serve as State Cochairperson for more than 2 consecutive terms. (E) Qualifications To be eligible to be appointed as the Federal Cochairperson under subparagraph (A) or the alternate Federal Cochairperson under subparagraph (B)(i), an individual— (i) shall— (I) be a citizen of the United States; (II) be a legal resident of a State within the Great Lakes region; (III) have management expertise relating to a large for-profit or nonprofit corporate, government, or academic institution in a field of study or industry relating to the functions of the Authority; and (IV) make full disclosure to Congress of any investments or other financial interests that the individual may hold; and (ii) shall not be an employee of the Authority. (3) Compensation (A) Federal Cochairperson The Federal Cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule as described in section 5314 of title 5, United States Code. (B) Alternate Federal Cochairpersons Each alternate Federal Cochairperson shall be compensated by the Federal Government at level V of the Executive Schedule as described in section 5316 of title 5, United States Code. (C) State members and alternates Each State member and alternate shall be compensated by the applicable participating State represented by the member or alternate at an appropriate rate in accordance with the laws of that State. (4) Executive Director and Staff (A) In general (i) In general Subject to clause (ii), the Authority shall fix the compensation of an Executive Director and such other personnel as are necessary to enable the Authority to carry out the duties of the Authority. (ii) Maximum compensation Compensation fixed under clause (i) may not exceed the maximum rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (B) Eligibility The Executive Director shall comply with the same qualification requirements for the Federal Cochairperson and State members of the Authority, as described in paragraph (2)(E). (C) Duties of Executive Director The Executive Director shall be responsible for— (i) carrying out the administrative duties of the Authority; (ii) directing the Authority staff; and (iii) such other duties as the Authority may assign. (5) No Federal employee status No member, alternate, officer, or employee of the Authority (other than the Federal Cochairperson, the alternate Federal Cochairperson, staff of the Federal Cochairperson, and any Federal employee detailed to the Authority) shall be considered to be a Federal employee for any purpose. (6) Removal The Federal Cochairperson and the alternate Federal Cochairperson may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. (7) Commencement of operations The Authority shall begin operations when— (A) the Federal Cochairperson has been appointed by the President and confirmed by the Senate; and (B) not fewer than 2 States in the Great Lakes region have elected to participate in the Authority. (b) Decisions of the Authority (1) Requirements for approval Except as provided in subsection (d)(3)(C), decisions by the Authority shall require the affirmative vote of the Federal Cochairperson and a majority of the State members (exclusive of members representing participating States that are delinquent under clause (iii) of that subsection) at the applicable meeting in which the decision is being considered. (2) Consultation In matters coming before the Authority, the Federal Cochairperson shall, to the extent practicable, consult with the Federal and State departments and agencies having an interest in the subject matter, including transportation planning entities in the Great Lakes region. (3) Quorum A quorum of the Federal Cochairperson or the alternate Federal Cochairperson and 2 State members of the Authority shall be required to be present at any meeting in order for the Authority to make any policy decision, including a modification or revision of a Authority policy decision. (c) Functions (1) In general The Authority shall— (A) promote economic development and job creation and to create worldclass worker education and training institutions to spur economic growth, especially in communities that have been disproportionately affected by the outsourcing of jobs, in the Great Lakes region; (B) foster innovation and strengthen and expand the core manufacturing and industrial base in the Great Lakes region; (C) not later than 1 year after the date of enactment of this Act, and after taking into account State plans developed under section 6, develop an economic development plan for the Great Lakes region, including priorities and 5-year regional outcome targets; (D) provide technical assistance to eligible entities receiving a grant from the Authority under the economic development grant program under section 5; (E) develop, on a continuing basis, comprehensive and coordinated economic and workforce development plans and programs and establish priorities under those plans and programs, giving due consideration to other Federal, State, Tribal, and local planning efforts in the Great Lakes region; (F) enhance the capacity of, and provide support for, local development districts in the Great Lakes region; (G) review and study, in cooperation with the applicable Federal, State, Tribal, or local agency or department involved, Federal, State, Tribal, and local public and private economic and workforce development programs and, where appropriate, recommend modifications or additions that will increase the effectiveness of those programs in the Great Lakes region; (H) consult with Federal agencies in the Great Lakes region on economic development activities; (I) promote coordination with the government of Canada, including the provinces and local governmental entities around the Great Lakes region, on economic and workforce development activities; (J) consult with economic development districts throughout the Great Lakes region to advance the functions of the Authority; (K) conduct and sponsor investigations, research, and studies, including an inventory and analysis of the economic resources of the Great Lakes region; (L) in cooperation with Federal, State, Tribal, and local agencies, sponsor demonstration projects designed to foster productivity and growth in the Great Lakes region; (M) encourage private investment in industrial, commercial, and recreational projects in the Great Lakes region; (N) support broadband access and adoption in the Great Lakes region; and (O) in coordination with the Great Lakes Commission, provide a forum for consideration of economic and environmental problems of the Great Lakes region, and proposed solutions to those problems, and establish and utilize, as appropriate, citizens and special advisory councils and public conferences. (2) Identify needs and goals of subregional areas In carrying out the functions of the Authority under paragraph (1), the Authority shall identify the characteristics, and may distinguish between the economic needs and goals, of appropriate subregional areas, including the respective watersheds of each of the Great Lakes. (d) Administrative powers and expenses (1) Powers In carrying out the duties of the Authority under this Act, the Authority may— (A) enter into agreements and contracts with eligible recipients (as defined in section 5(a)) in furtherance of the business of the Authority; (B) provide technical assistance to eligible recipients (as so defined) receiving or seeking a grant from the Authority; (C) adopt, amend, and repeal bylaws and regulations governing the conduct of the business of the Authority and the performance of the functions of the Authority; (D) make arrangements, including contracts, with any participating State for inclusion in a suitable retirement and employee benefit system of Authority personnel who may not be eligible for, or continue in, another governmental retirement or employee benefit system, or otherwise provide for that coverage of the personnel of the Authority; (E) enter into and perform contracts, leases (including the lease of office space for any term), cooperative agreements, or other transactions necessary in order to carry out the functions of the Authority, on such terms as the Authority considers to be appropriate, with any— (i) department, agency, or instrumentality of the Federal Government; or (ii) participating State or political subdivision, agency, or instrumentality of a participating State; (F) accept, use, and dispose of gifts, donations, services, or any property; (G) maintain a governmental relations office in the District of Columbia; (H) establish a permanent office and headquarters in the Great Lakes region; (I) establish field offices at other places throughout the Great Lakes region, as determined appropriate by the Authority; and (J) take any other actions and incur any other expenses as may be necessary or appropriate. (2) Federal agency cooperation Each Federal agency shall— (A) cooperate with the Authority; and (B) provide, to the extent practicable, on request of the Federal Cochairperson, appropriate assistance in carrying out this Act, in accordance with applicable Federal laws (including regulations). (3) Administrative expenses (A) In general Subject to subparagraph (B), the administrative expenses of the Authority shall be paid— (i) by the Federal Government, in an amount equal to 50 percent of the administrative expenses of the Authority; and (ii) by participating States, in an amount equal to 50 percent of those administrative expenses. (B) Expenses of the Federal chairperson All expenses of the Federal Cochairperson, including expenses of the alternate and staff of the Federal Cochairperson, shall be paid by the Federal Government. (C) State share (i) In general Subject to clause (ii), the share of administrative expenses of the Authority to be paid by each participating State shall be determined by a majority vote of the State members of the Authority. (ii) No Federal participation The Federal Cochairperson shall not participate or vote in any decision under clause (i). (iii) Delinquent States (I) In general During any period in which a participating State is more than 1 year delinquent in payment of the share of the participating State of administrative expenses of the Authority under this paragraph— (aa) no assistance under this Act shall be furnished to that participating State; and (bb) no member of the Authority from that participating State shall participate or vote in any action by the Authority. (II) Economic development program Any ongoing projects in a delinquent State that are funded under section 5 may continue during the period in which the State is delinquent. (e) Meetings (1) Initial meeting The Authority shall hold an initial meeting not later than 180 days after the date of enactment of this Act. (2) Annual meeting The Authority shall conduct at least 1 meeting each year with the Federal Cochairperson and at least a majority of the State members present. (3) Additional meetings (A) In general The Authority shall conduct additional meetings at such times as the Authority determines appropriate. (B) Format The Authority may conduct meetings in person or via electronic means. (f) Personal financial interests (1) Conflicts of interest (A) No role allowed Except as permitted by subparagraph (B), an individual who is the Federal Cochairperson or alternate Federal Cochairperson, a State member or alternate, or an officer or employee of the Authority shall not participate personally and substantially as a member, alternate, officer, or employee of the Authority, through decision, approval, disapproval, recommendation, request for a ruling, or other determination, contract, claim, controversy, or other matter in which, to the knowledge of the individual, any of the following has a financial interest: (i) The individual. (ii) A spouse, minor child, or partner of the individual. (iii) An organization (except a State or political subdivision of a State) in which the individual is serving as an officer, director, trustee, partner, or employee. (iv) Any person or organization with whom the individual is negotiating or has any arrangement concerning prospective employment. (B) Exception Subparagraph (A) shall not apply if the individual, in advance of the proceeding, application, request for a ruling, or other determination, contract, claim controversy, or other particular matter presenting a potential conflict of interest— (i) advises the Authority of the nature and circumstances of the matter presenting the conflict of interest; (ii) makes full disclosure of the financial interest; and (iii) receives a written decision of the Authority that the interest is not so substantial as to be considered likely to affect the integrity of the services that the Authority may expect from the individual. (C) Violation An individual violating this paragraph shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. (2) State member or alternate A State member or alternate State member of the Authority may not receive any salary, or any contribution to, or supplementation of, salary, for services on the Authority from a source other than the participating State represented by the member or alternate. (3) Detailed employees (A) In general No person detailed to serve the Authority shall receive any salary, or any contribution to, or supplementation of, salary, for services provided to the Authority from any source other than the State, local, or intergovernmental department or agency from which the person was detailed to the Authority. (B) Violation Any person that violates this paragraph shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. (4) Federal Cochairperson, alternate to Federal CoChairperson, and federal officers and employees The Federal Cochairperson, the alternate to the Federal Cochairperson, and any Federal officer or employee detailed with the Authority are not subject to this subsection but remain subject to sections 202 through 209 of title 18, United States Code. (5) Rescission The Authority may declare void any contract, loan, or grant of or by the Authority in relation to which the Authority determines that there has been a violation of any of paragraphs (1)(A), (2), or (3), or any of sections 202 through 209 of title 18, United States Code. (g) Tribal participation Governments of Indian Tribes in the Great Lakes region shall be allowed to participate in matters before the Authority in the same manner and to the same extent as State agencies and instrumentalities in the Great Lakes region. (h) Annual report Not later than 90 days after the last day of each fiscal year, the Authority shall prepare and submit to the Governor of each participating State and the President, for transmittal to Congress, a report on the activities carried out under this Act during the preceding fiscal year. 4. Inspector general Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting the Great Lakes Authority, the Federal Trade Commission, 5. Economic development grant program (a) Definition of eligible recipient In this section, the term eligible recipient (1) a State; (2) a political subdivision of a State or a local government; (3) a public agency or publicly chartered authority established by 1 or more States; (4) a special purpose district with a transportation, energy, environmental, or economic development function; (5) an Indian Tribe or a consortium of Indian Tribes; (6) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) (7) a nonprofit entity; (8) a local development district; (9) a multistate or multijurisdictional group of entities described in any of paragraphs (1) through (8); and (10) an entity described in any of paragraphs (1) through (8) acting jointly with a private entity or group of private entities. (b) Grants The Authority may award grants, on a competitive basis, to eligible recipients to promote economic and workforce development, and to combat poverty and economic decline, in the Great Lakes region. (c) Use of funds An eligible recipient receiving a grant under this section may use the grant to carry out projects in the Great Lakes region, which shall include 1 or more of the following activities: (1) Acquiring or developing land, including making improvements to that land, for use for public works, public service, or development facilities. (2) Supporting the development of, and reinvestment in, land banks in the Great Lakes region. (3) Supporting wastewater infrastructure projects. (4) Broadband infrastructure projects. (5) Water infrastructure projects. (6) Weatherization and lead abatement projects. (7) Supporting port infrastructure projects, including supporting and expanding seaport infrastructure— (A) to enhance the movement of people or goods; (B) to reduce greenhouse gas emissions; (C) to improve water quality; and (D) to improve resiliency. (8) Promoting workforce education and training programs in the Great Lakes region, including programs that support incumbent workers that have experienced economic displacement or train youth to assume in-demand occupations within the Great Lakes region. (9) Promoting the development of renewable and alternative energy sources. (10) Promoting resource conservation, tourism, recreation, and preservation of open space in a manner consistent with economic development goals for the Great Lakes region. (11) Supporting entrepreneurship, business development, and technology development in the Great Lakes region. (12) Growing the capacity for successful community economic development in the Great Lakes region. (13) Facilitating the construction or rehabilitation of housing to meet the needs of low-income and moderate-income families and individuals in the Great Lakes region. (14) Developing surface transportation infrastructure in the Great Lakes region. (15) Supporting severely economically distressed communities in the Great Lakes region by improving basic health care and other public services. (16) Any other activity that achieves the purpose of the grants described in subsection (b), as determined by the Authority. (d) Considerations In selecting activities to receive a grant from the Authority under this section, and in establishing a priority ranking for applications submitted to the Authority for assistance under this section, the Authority shall follow procedures that ensure, to the maximum extent practicable, consideration of— (1) the relationship of the project or class of projects to overall development and poverty alleviation in the Great Lakes region, including whether the location of the project is in a severely and persistently distressed county or area; (2) the population and area to be served by the project or class of projects, including the per capita market income and the unemployment rates in the area; (3) the relative financial resources available to the eligible recipient that seeks to undertake the project; (4) the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same amounts under this section; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment in the Great Lakes region, including for populations with the highest unemployment rates, the average level of income, or the economic and social development of the area served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which financing expenditures may be evaluated. (e) Request for data for broadband infrastructure projects Before making a grant for a project or activity described in subsection (c)(4), the Authority shall request from the Federal Communications Commission, the National Telecommunications and Information Administration, the Economic Development Administration, and the Department of Agriculture data on— (1) the level and extent of broadband service that exists in the area proposed to be served by the broadband service-related infrastructure; and (2) the level and extent of broadband service that will be deployed in the area proposed to be served by the broadband service-related infrastructure pursuant to another Federal program. (f) Maximum Authority contributions (1) In general In accordance with paragraph (2), the Authority may contribute not more than 90 percent of a project or activity cost eligible for financial assistance under this section from amounts appropriated to carry out this section. (2) Distressed communities In making a contribution under paragraph (1), the Authority shall ensure that the Authority contributes a higher percentage for a project or activity to be carried out in a distressed community as compared to a project or activity to be carried out in a non-distressed community. (g) Maintenance of effort Funds may be provided by the Authority for a program or project in a participating State under this section only if the Authority determines that the level of Federal or State financial assistance provided under a law other than this Act, for the same type of program or project in the same area of the State within the Great Lakes region, will not be reduced as a result of funds made available by this Act. (h) Approval of applications for assistance (1) Evaluation by state member An application submitted by an eligible recipient to the Authority for a grant under this section shall be made through, and evaluated for approval by, the State member of the Authority representing the eligible recipient. (2) Certification An application submitted by an eligible recipient to the Authority for a grant under this section shall be eligible for assistance only on certification by the State member of the Authority representing the eligible recipient that the application for the project— (A) describes ways in which the project complies with any applicable State economic development plan developed under section 6(a); (B) describes the 1 or more activities intended to be carried out using grant funds; (C) adequately ensures that the project will be properly administered, operated, and maintained; and (D) otherwise meets the requirements for assistance under this section. (3) Votes for decisions On certification by a State member of the Authority of an application for a grant under this section, an affirmative vote of the Authority under section 3(b)(1) shall be required for approval of the application. (i) Consultation with the Great Lakes Commission on certain projects The Authority shall consult with the Great Lakes Commission on any project submitted by an eligible recipient to the Authority under this section that impacts the water resources of the Great Lakes basin, as described in the Great Lakes Basin Compact, prior to awarding a grant under this section for the applicable project. (j) Savings provision Nothing in this section limits, alters, or amends the Great Lakes Basin Compact. 6. Comprehensive economic development plans (a) State plans In accordance with policies established by the Authority, each State member of the Authority shall develop and submit a comprehensive economic development plan for the area of the Great Lakes region represented by that member. (b) Content of plan A State economic development plan developed under subsection (a) shall reflect the goals, objectives, and priorities identified in any applicable economic development plan developed by the Authority under section 3(c). (c) Consultation with interested local parties In carrying out the development planning process (including the selection of programs and projects for assistance) under subsection (a), a participating State shall— (1) consult with local development districts, local units of government, and local colleges and universities; and (2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1). 7. Authorization of appropriations There is authorized to be appropriated not less than $80,000,000 for fiscal year 2023 and each fiscal year thereafter— (1) to carry out the economic development grant program under section 5; and (2) for administrative expenses of the Authority. | Great Lakes Authority Act of 2022 |
American Indian and Alaska Native Veterans Mental Health Act This bill directs the Department of Veterans Affairs (VA) to provide mental health and suicide prevention outreach to American Indian and Alaska Native veterans. Specifically, the bill requires that each VA medical center have a full-time minority veteran coordinator. The coordinator must receive training in the delivery of culturally appropriate mental health and suicide prevention services to American Indian and Alaska Native veterans. Further, the suicide prevention coordinator and minority veteran coordinator of each VA medical center must develop and disseminate a written plan for conducting mental health and suicide prevention outreach to all tribes and urban Indian health organizations within the area of the medical center. | 117 S5181 IS: American Indian and Alaska Native Veterans Mental Health Act U.S. Senate 2022-12-05 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. 5181 IN THE SENATE OF THE UNITED STATES December 5, 2022 Mr. Tester Mr. Moran Committee on Veterans' Affairs A BILL To direct the Secretary of Veterans Affairs to make certain improvements relating to mental health and suicide prevention outreach to minority veterans and American Indian and Alaska Native veterans, and for other purposes. 1. Short title This Act may be cited as the American Indian and Alaska Native Veterans Mental Health Act 2. Mental health and suicide prevention outreach to minority veterans and American Indian and Alaska Native veterans (a) Staffing requirement Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that each medical center of the Department of Veterans Affairs has not fewer than one full-time employee whose responsibility is serving as a minority veteran coordinator. (b) Training Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of the Indian Health Service and the Director of the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs, shall ensure that all minority veteran coordinators receive training in delivery of mental health and suicide prevention services culturally appropriate for American Indian and Alaska Native veterans, especially with respect to the populations and Indian Tribes identified within the catchment area served by each such coordinator. (c) Coordination with suicide prevention coordinators (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of the Office of Mental Health and Suicide Prevention of the Department, shall ensure that the suicide prevention coordinator and minority veteran coordinator of each medical center of the Department have developed and disseminated to the director of the medical center a written plan for conducting mental health and suicide prevention outreach to all Indian Tribes and Urban Indian organizations within the catchment area of the medical center. (2) Elements of plan Each plan required under paragraph (1) shall include for each Indian Tribe covered by the plan— (A) contact information for leadership of the Indian Tribe and the Tribal health facility or facility of the Indian Health Service serving the Indian Tribe; (B) a schedule for and list of outreach plans (including plans addressing any barriers to accessing mental health care from the Department); (C) documentation of any conversation with leaders of the Indian Tribe that may guide culturally appropriate delivery of mental health care to American Indian or Alaska Native veterans; (D) documentation of any progress in incorporating traditional healing practices into mental health and suicide prevention protocols and options available for veterans who are members of such Indian Tribe; and (E) documentation of any coordination among the Department of Veterans Affairs, the Indian Health Service, Urban Indian organizations, and the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services for the purpose of improving suicide prevention efforts tailored to veterans who are members of such Indian Tribe and the provision of culturally competent mental health care to such veterans. (d) Report (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on outreach efforts to minority veterans and American Indian and Alaska Native veterans. (2) Elements The report required under paragraph (1) shall include each of the following: (A) The number of minority veteran coordinators within the Department of Veterans Affairs. (B) The number and percentage of minority veteran coordinators who are women. (C) The number and percentage of minority veteran coordinators who are persons of color. (D) The number and percentage of medical centers of the Department with a minority veteran coordinator. (E) The number and percentage of mental health providers of the Department who are enrolled members of an Indian Tribe or self-identify as Native American. (F) The number and percentage of mental health providers of the Department who speak a second language. (G) A review of the outreach plans developed and submitted to all medical centers of the Department for outreach to American Indian and Alaska Native veterans. (H) An annual review of mental health care provided by the Department to American Indian and Alaska Native veterans during the three-year period preceding the date of the report, including the number of appointments for such care and an assessment of any barriers to providing such care. (e) Definitions In this section: (1) Indian Tribe The term Indian Tribe 25 U.S.C. 5304(e) (2) Urban Indian organization The term Urban Indian organization 25 U.S.C. 1603 | American Indian and Alaska Native Veterans Mental Health Act |
Strengthening Coastal Communities Act of 2022 This bill expands and revises the system of vulnerable coastal areas that are protected under the Coastal Barrier Resources Act, including by directing the Department of the Interior to carry out a coastal hazard pilot project to identify areas that can be added to the John H. Chafee Coastal Barrier Resources System. The bill also modifies certain boundaries of the John H. Chafee Coastal Barrier Resources System Units located in Connecticut, Delaware, Florida, Louisiana, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, South Carolina, and Virginia. | 101 S5185 IS: Strengthening Coastal Communities Act of 2022 U.S. Senate 2022-12-05 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. 5185 IN THE SENATE OF THE UNITED STATES December 5, 2022 Mr. Carper Mr. Graham Committee on Environment and Public Works A BILL To amend the Coastal Barrier Resources Act to make improvements to that Act, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Strengthening Coastal Communities Act of 2022 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Coastal Barrier Resources Act Amendments Sec. 101. Definitions. Sec. 102. Coastal hazard pilot project. Sec. 103. John H. Chafee Coastal Barrier Resources System. Sec. 104. Nonapplicability of prohibitions to otherwise protected areas and structures in new additions to the System. Sec. 105. Require disclosure to prospective buyers that property is in the Coastal Barrier Resources System. Sec. 106. Emergency exceptions to limitations on expenditures. Sec. 107. Improve Federal agency compliance with Coastal Barrier Resources Act. Sec. 108. Authorization of appropriations. TITLE II—Changes to John H. Chafee Coastal Barrier Resources System maps Sec. 201. Changes to John H. Chafee Coastal Barrier Resources System maps. I Coastal Barrier Resources Act Amendments 101. Definitions Section 3 of the Coastal Barrier Resources Act ( 16 U.S.C. 3502 (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking means includes (B) in subparagraph (A)— (i) in the matter preceding clause (i), by inserting bluff, barrier spit, (ii) in clause (ii), by inserting and related lands aquatic habitats (C) in subparagraph (B), by inserting , including areas that are and will be vulnerable to coastal hazards, such as flooding, storm surge, wind, erosion, and sea level rise nearshore waters (D) in the matter following subparagraph (B), by striking , and man’s activities on such features and within such habitats, (2) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and (3) by inserting after paragraph (4) the following: (5) Otherwise protected area (A) In general The term Otherwise Protected Area (B) Qualified organization For purposes of subparagraph (A), the term qualified organization section 170(h)(3) . 102. Coastal hazard pilot project (a) In general (1) Project The Secretary of the Interior, in consultation with the Assistant Secretary of the Army for Civil Works, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, and the heads of appropriate State coastal zone management agencies, shall carry out a coastal hazard pilot project to propose definitions and criteria and produce maps of areas, including coastal mainland areas, which could be added to the John H. Chafee Coastal Barrier Resources System established by section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) (2) Number of units The project carried out under this section shall consist of the creation of maps for at least 10 percent of the System and may also identify additional new System units. (b) Report (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the pilot project and the proposed definitions and criteria and costs of completing maps for the entire System. (2) Contents The report shall include a description of— (A) the final recommended maps created under the coastal hazard pilot project; (B) recommendations for the adoption of the final recommended maps created under this section by Congress; (C) a summary of the comments received from the Governors of the States, other government officials, and the public regarding the definitions, criteria, and draft maps; (D) a description of the criteria used for the project and any related recommendations; and (E) the amount of funding necessary for completing maps for the entire System. (c) Consultation The Secretary shall prepare the report required under subsection (b)— (1) in consultation with the Governors of the States in which any newly identified areas are located; and (2) after— (A) providing an opportunity for the submission of public comments; and (B) considering any public comments submitted under subparagraph (A). 103. John H. Chafee Coastal Barrier Resources System (a) Technical amendments Section 4 of the Coastal Barrier Resources Act ( 16 U.S.C. 3503 (1) in subsection (a), in the matter preceding paragraph (1), by inserting as System units and Otherwise Protected Areas generally depicted (2) in subsection (f)(2), in the matter preceding subparagraph (A), by striking copy of the map notification of the availability of the map (b) Excess Federal property Section 4(e) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(e) (3) Definition of undeveloped coastal area Notwithstanding section 3(1) and subsection (g), in this subsection the term undeveloped coastal barrier . 104. Nonapplicability of prohibitions to otherwise protected areas and structures in new additions to the System Section 5 of the Coastal Barrier Resources Act ( 16 U.S.C. 3504 (1) in subsection (a), in the matter preceding paragraph (1), by inserting subsections (c) and (d) and Except as provided in (2) by adding at the end the following: (c) Applicability to otherwise protected areas Consistent with the Coastal Barrier Improvement Act of 1990 ( Public Law 101–591 42 U.S.C. 4028 (d) Prohibitions affecting existing insurable structures within the System (1) In general With respect to additions to the System made on or after the date of enactment of the Strengthening Coastal Communities Act of 2022 (2) Existing structures (A) In general An insurable structure described in subparagraph (B) shall remain eligible for new Federal expenditures and new Federal financial assistance. (B) Insurable structure described An insurable structure referred to in subparagraph (A) is an insurable structure that is— (i) located within a new addition to the System made on or after the date of enactment of the Strengthening Coastal Communities Act of 2022 (ii) in existence before the expiration of the applicable 1-year period described in paragraph (1). (3) Insurable structures in otherwise protected areas Notwithstanding any other provision in this section, new Federal expenditures and financial assistance may be provided for insurable structures in Otherwise Protected Areas that are used in a manner consistent with the purpose for which the area is protected. . 105. Require disclosure to prospective buyers that property is in the Coastal Barrier Resources System Section 5 of the Coastal Barrier Resources Act ( 16 U.S.C. 3504 (e) Disclosure of limitations Not later than 2 years after the date of enactment of the Strengthening Coastal Communities Act of 2022 . 106. Emergency exceptions to limitations on expenditures Section 6(a)(6) of the Coastal Barrier Resources Act ( 16 U.S.C. 3505(a)(6) (E) Emergency actions necessary to the saving of lives and the protection of property and the public health and safety, if such actions are performed pursuant to sections 402, 403, 407, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a . 107. Improve Federal agency compliance with Coastal Barrier Resources Act (a) In general Section 7(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3506(a) (1) by striking the Coastal Barrier Improvement Act of 1990 the Strengthening Coastal Communities Act of 2022 (2) by striking promulgate regulations revise or promulgate regulations and guidance, as necessary, (b) Technical correction Section 3(2) of the Coastal Barrier Resources Act ( 16 U.S.C. 3502(2) Committee on Resources Committee on Natural Resources 108. Authorization of appropriations Section 10 of the Coastal Barrier Resources Act ( 16 U.S.C. 3510 $2,000,000 $5,000,000 for each of fiscal years 2023 through 2027. II Changes to John H. Chafee Coastal Barrier Resources System maps 201. Changes to John H. Chafee Coastal Barrier Resources System maps (a) In general (1) Replacement maps Each map included in the set of maps referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) (2) New maps The set of maps referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) (b) Replacement maps described The replacement maps referred to in subsection (a)(1) are the following: (1) The map entitled Salisbury Beach Unit MA–01P Plum Island Unit MA–02P (1 of 2) (2) The map entitled Clark Pond Unit C00 Plum Island Unit MA–02P (2 of 2) Castle Neck Unit MA–03 Wingaersheek Unit C01 (1 of 2) (3) The map entitled Wingaersheek Unit C01 (2 of 2) Good Harbor Beach/Milk Island Unit C01A Cape Hedge Beach Unit MA–48 Brace Cove Unit C01B (4) The map entitled West Beach Unit MA–04 Phillips Beach Unit MA–06 (5) The map entitled Snake Island Unit MA–08P, Squantum Unit MA–09P Merrymount Park Unit MA–10P West Head Beach Unit C01C/C01CP Peddocks/Rainsford Island Unit MA–11/MA–11P (6) The map entitled Cohassett Harbor Unit MA–12 North Scituate Unit C02P Rivermoor Unit C03 (7) The map entitled Rexhame Unit C03A Duxbury Beach Unit MA–13/MA–13P (1 of 2) (8) The map entitled Duxbury Beach Unit MA–13/MA–13P (2 of 2) Plymouth Bay Unit C04 (9) The map entitled Center Hill Complex C06 Scusset Beach Unit MA–38P Town Neck Unit MA–14P (10) The map entitled Scorton Unit C08 Sandy Neck Unit C09/C09P (1 of 2) (11) The map entitled Sandy Neck Unit C09/C09P (2 of 2) Chapin Beach Unit MA–15P (12) The map entitled Nobscusset Unit MA–16 Freemans Pond Unit C10 (13) The map entitled Provincetown Unit MA–19P (1 of 2) (14) The map entitled Provincetown Unit MA–19P (2 of 2) Pamet Harbor Unit MA–18AP Ballston Beach Unit MA–18P (15) The map entitled Griffin/Great Islands Complex MA–17P Lieutenant Island Unit MA–17AP (16) The map entitled Namskaket Spits Unit C11/C11P Boat Meadow Unit C11A/C11AP Nauset Beach/Monomoy Unit MA–20P (1 of 3) (17) The map entitled Nauset Beach/Monomoy Unit MA–20P (2 of 3) Harding Beach Unit MA–40P Chatham Roads Unit C12/C12P Red River Beach Unit MA–41P (18) The map entitled Nauset Beach/Monomoy Unit MA–20P (3 of 3) (19) The map entitled Davis Beach Unit MA–23P Lewis Bay Unit C13/C13P (20) The map entitled Squaw Island Unit C14 Centerville Unit C15/C15P Dead Neck Unit C16 (1 of 2) (21) The map entitled Dead Neck Unit C16 (2 of 2) Popponesset Spit Unit C17 Waquoit Bay Unit C18 Falmouth Ponds Unit C18A (22) The map entitled Quissett Beach/Falmouth Beach Unit MA–42P Black Beach Unit C19, Little Sippewisset Marsh Unit C19P Chapoquoit Beach Unit MA–43/MA–43P Herring Brook Unit MA–30 (23) The map entitled Squeteague Harbor Unit MA–31 Bassetts Island Unit MA–32 Phinneys Harbor Unit MA–33 Buzzards Bay Complex C19A (1 of 3) (24) The map entitled Buzzards Bay Complex C19AP (2 of 3) Planting Island Unit MA–35 (25) The map entitled Buzzards Bay Complex C19A (3 of 3) West Sconticut Neck Unit C31A/C31AP Little Bay Unit MA–47P Harbor View Unit C31B (26) The map entitled Round Hill Unit MA–36, Mishaum Point Unit C32 Demarest Lloyd Park Unit MA–37P Little Beach Unit C33 (1 of 2) Round Hill Point Unit MA–45P, Teal Pond Unit MA–46 (27) The map entitled Little Beach Unit C33 (2 of 2) Horseneck Beach Unit C34/C34P Richmond/Cockeast Ponds Unit C35 (28) The map entitled Coatue Unit C20/C20P (1 of 2) Sesachacha Pond Unit C21 (29) The map entitled Coatue Unit C20/C20P (2 of 2) Cisco Beach Unit C22P Esther Island Complex C23/23P (1 of 2) Tuckernuck Island Unit C24 (1 of 2) (30) The map entitled Esther Island Complex C23 (2 of 2) Tuckernuck Island Unit C24 (2 of 2) Muskeget Island Unit C25 (31) The map entitled Harthaven Unit MA–26, Edgartown Beach Unit MA–27P Trapps Pond Unit MA–27, Eel Pond Beach Unit C26 Cape Poge Unit C27, Norton Point Unit MA–28P South Beach Unit C28 (1 of 2) (32) The map entitled South Beach Unit C28 (2 of 2) (33) The map entitled Squibnocket Complex C29/C29P Nomans Land Unit MA–29P (34) The map entitled James Pond Unit C29A Mink Meadows Unit C29B Naushon Island Complex MA–24 (1 of 2) (35) The map entitled Naushon Island Complex MA–24 (2 of 2) Elizabeth Island Unit C31 (1 of 2) (36) The map entitled Elizabeth Island Unit C31 (2 of 2) Penikese Island Unit MA–25P (37) The map entitled Cedar Cove Unit C34A (38) The map entitled Little Compton Ponds Unit D01 Tunipus Pond Unit D01P Brown Point Unit RI–01 (39) The map entitled Fogland Marsh Unit D02/D02P, Sapowet Point Unit RI–02/RI–02P McCorrie Point Unit RI–02A Sandy Point Unit RI–03P Prudence Island Complex D02B/D02BP (1 of 3) (40) The map entitled Prudence Island Complex D02B/D02BP (2 of 3) (41) The map entitled Prudence Island Complex D02B/D02BP (3 of 3) (42) The map entitled West Narragansett Bay Complex D02C (43) The map entitled Fox Hill Marsh Unit RI–08/RI–08P Bonnet Shores Beach Unit RI–09 Narragansett Beach Unit RI–10/RI–10P (44) The map entitled Seaweed Beach Unit RI–11P East Matunuck Beach Unit RI–12P Point Judith Unit RI–14P, Card Ponds Unit D03/D03P Green Hill Beach Unit D04 (1 of 2) (45) The map entitled Green Hill Beach Unit D04 (2 of 2) East Beach Unit D05P Quonochontaug Beach Unit D06/D06P (46) The map entitled Misquamicut Beach Unit RI–13P Maschaug Ponds Unit D07 Napatree Unit D08/D08P (47) The map entitled Block Island Unit D09/D09P (48) The map entitled Wilcox Beach Unit E01 Ram Island Unit E01A Mason Island Unit CT–01 (49) The map entitled Bluff Point Unit CT–02 Goshen Cove Unit E02 (50) The map entitled Jordan Cove Unit E03, Niantic Bay Unit E03A Old Black Point Unit CT–03, Hatchett Point Unit CT–04 Little Pond Unit CT–05, Mile Creek Unit CT–06 (51) The map entitled Griswold Point Unit CT–07 Lynde Point Unit E03B Cold Spring Brook Unit CT–08 (52) The map entitled Menunketesuck Island Unit E04 Hammonasset Point Unit E05 Toms Creek Unit CT–10 Seaview Beach Unit CT–11 (53) The map entitled Lindsey Cove Unit CT–12 Kelsey Island Unit CT–13 Nathan Hale Park Unit CT–14P Morse Park Unit CT–15P (54) The map entitled Milford Point Unit E07 Long Beach Unit CT–18P Fayerweather Island Unit E08AP (55) The map entitled Norwalk Islands Unit E09/E09P (56) The map entitled Jamaica Bay Unit NY–60P (1 of 2) (57) The map entitled Jamaica Bay Unit NY–60P (2 of 2) (58) The map entitled Sands Point Unit NY–03 Prospect Point Unit NY–04P Dosoris Pond Unit NY–05P (59) The map entitled The Creek Beach Unit NY–06/NY–06P Centre Island Beach Unit NY–07P, Centre Island Unit NY–88 Lloyd Beach Unit NY–09P Lloyd Point Unit NY–10/NY–10P (60) The map entitled Lloyd Harbor Unit NY–11/NY–11P, Eatons Neck Unit F02 Hobart Beach Unit NY–13, Deck Island Harbor Unit NY–89 Centerpoint Harbor Unit NY–12, Crab Meadow Unit NY–14 (61) The map entitled Sunken Meadow Unit NY–15/NY–15P Stony Brook Harbor Unit NY–16 (1 of 2) (62) The map entitled Stony Brook Harbor Unit NY–16/NY–16P (2 of 2) Crane Neck Unit F04P Old Field Beach Unit F05/F05P Cedar Beach Unit NY–17/NY–17P (63) The map entitled Wading River Unit NY–18 Baiting Hollow Unit NY–19P (64) The map entitled Luce Landing Unit NY–20P, Mattituck Inlet Unit NY–21P East Creek Unit NY–34P, Indian Island Unit NY–35P Flanders Bay Unit NY–36/NY–36P, Red Creek Pond Unit NY–37 Iron Point Unit NY–97P (65) The map entitled Goldsmith Inlet Unit NY–22P, Pipes Cove Unit NY–26 (1 of 2) Southold Bay Unit NY–28, Cedar Beach Point Unit NY–29P (1 of 2) Hog Neck Bay Unit NY–30 Peconic Dunes Unit NY–90P (66) The map entitled Little Creek Unit NY–31/NY–31P, Cutchogue Harbor Unit NY–31A Downs Creek Unit NY–32, Robins Island Unit NY–33 Squire Pond Unit NY–38, Cow Neck Unit NY–39 North Sea Harbor Unit NY–40/NY–40P, Cold Spring Pond Unit NY–92 (67) The map entitled Truman Beach Unit NY–23/NY–23P Orient Beach Unit NY–25P Hay Beach Point Unit NY–47 (68) The map entitled F06, NY–26 (2 of 2), NY–27, NY–29P (2 of 2), NY–41P NY–42, NY–43/NY–43P, NY–44, NY–45 NY–46, NY–48, NY–49, NY–50 NY–51P, NY–93, NY–94, NY–95P (69) The map entitled Gardiners Island Barriers Unit F09 (1 of 2) Plum Island Unit NY–24 (70) The map entitled Sammys Beach Unit F08A, Accabonac Harbor Unit F08B Gardiners Island Barriers Unit F09 (2 of 2) Napeague Unit F10P (1 of 2), Hog Creek Unit NY–52 Amagansett Unit NY–56/NY–56P, Bell Park Unit NY–96P (71) The map entitled Fisher Island Barriers Unit F01 (72) The map entitled Big Reed Pond Unit NY–53P Oyster Pond Unit NY–54P Montauk Point Unit NY–55P (73) The map entitled Napeague Unit F10/F10P (2 of 2) (74) The map entitled Mecox Unit F11 Georgica/Wainscott Ponds Unit NY–57 Sagaponack Pond Unit NY–58/NY–58P (75) The map entitled Southampton Beach Unit F12 Tiana Beach Unit F13/F13P (76) The map entitled Fire Island Unit NY–59P (1 of 6) (77) The map entitled Fire Island Unit NY–59P (2 of 6) (78) The map entitled Fire Island Unit NY–59P (3 of 6) (79) The map entitled Fire Island Unit NY–59/NY–59P (4 of 6) (80) The map entitled Fire Island Unit NY–59/NY–59P (5 of 6) (81) The map entitled Fire Island Unit NY–59/NY–59P (6 of 6) (82) The map entitled Sandy Hook Unit NJ–01P Monmouth Cove Unit NJ–17P (83) The map entitled Navesink/Shrewsbury Complex NJ–04A/NJ–04AP (84) The map entitled Metedeconk Neck Unit NJ–04B/NJ–04BP (85) The map entitled Island Beach Unit NJ–05P (1 of 2) (86) The map entitled Island Beach Unit NJ–05P (2 of 2) (87) The map entitled Cedar Bonnet Island Unit NJ–06/NJ–06P (88) The map entitled Brigantine Unit NJ–07P (1 of 4) (89) The map entitled Brigantine Unit NJ–07P (2 of 4) (90) The map entitled Brigantine Unit NJ–07P (3 of 4) (91) The map entitled Brigantine Unit NJ–07P (4 of 4) (92) The map entitled Corson's Inlet Unit NJ–08P (93) The map entitled Stone Harbor Unit NJ–09/NJ–09P (94) The map entitled Two Mile Beach Unit NJ–20P Cape May Unit NJ–10P Higbee Beach Unit NJ–11P (95) The map entitled Sunray Beach Unit NJ–21P Del Haven Unit NJ–12/NJ–12P Kimbles Beach Unit NJ–13 Moores Beach Unit NJ–14/NJ–14P (1 of 3) (96) The map entitled Moores Beach Unit NJ–14/NJ–14P (2 of 3) (97) The map entitled Moores Beach Unit NJ–14/NJ–14P (3 of 3) (98) The map entitled Little Creek Unit DE–01/DE–01P (1 of 2) Broadkill Beach Unit H00/H00P (1 of 4) (99) The map entitled Broadkill Beach Unit H00/H00P (2 of 4) (100) The map entitled Broadkill Beach Unit H00/H00P (3 of 4) (101) The map entitled Broadkill Beach Unit H00/H00P (4 of 4) Beach Plum Island Unit DE–02P (102) The map entitled Cape Henlopen Unit DE–03P Silver Lake Unit DE–06 (103) The map entitled Fenwick Island Unit DE–08P (104) The map entitled Bombay Hook Unit DE–11P (2 of 2) Little Creek Unit DE–01P (2 of 2) (105) The map entitled Assateague Island Unit MD–01P (1 of 3) (106) The map entitled Assateague Island Unit MD–01P (2 of 3) (107) The map entitled Assateague Island Unit MD–01P (3 of 3) (108) The map entitled Fair Island Unit MD–02 Sound Shore Unit MD–03/MD–03P (109) The map entitled Cedar/Janes Islands Unit MD–04P (1 of 2) Joes Cove Unit MD–06 (1 of 2) (110) The map entitled Cedar/Janes Islands Unit MD–04P (2 of 2) Joes Cove Unit MD–06 (2 of 2) Scott Point Unit MD–07P, Hazard Island Unit MD–08P St. Pierre Point Unit MD–09P (111) The map entitled Little Deal Island Unit MD–11 Deal Island Unit MD–12 Franks Island Unit MD–14/MD–14P Long Point Unit MD–15 (112) The map entitled Stump Point Unit MD–16 (113) The map entitled Martin Unit MD–17P (114) The map entitled Marsh Island Unit MD–18P Holland Island Unit MD–19 (115) The map entitled Jenny Island Unit MD–20 Lower Hooper Island Unit MD–58 (116) The map entitled Barren Island Unit MD–21P Meekins Neck Unit MD–59 (117) The map entitled Hooper Point Unit MD–22 Covey Creek Unit MD–24 (118) The map entitled Boone Creek Unit MD–26 Benoni Point Unit MD–27 Chlora Point Unit MD–60 (119) The map entitled Lowes Point Unit MD–28 Rich Neck Unit MD–29 Kent Point Unit MD–30 (120) The map entitled Stevensville Unit MD–32 Wesley Church Unit MD–33 Eastern Neck Island Unit MD–34P Wilson Point Unit MD–35 (121) The map entitled Tanner Creek Unit MD–47 Point Lookout Unit MD–48P Potter Creek Unit MD–63 Bisco Creek Unit MD–49 (122) The map entitled Biscoe Pond Unit MD–61P, Carroll Pond Unit MD–62 St. Clarence Creek Unit MD–44 Deep Point Unit MD–45, Point Look–In Unit MD–46 Chicken Cock Creek Unit MD–50 (123) The map entitled Drum Point Unit MD–39 Lewis Creek Unit MD–40 Green Holly Pond Unit MD–41 (124) The map entitled Flag Ponds Unit MD–37P Cove Point Marsh Unit MD–38/MD–38P (125) The map entitled Cherryfield Unit MD–64, Piney Point Creek Unit MD–51 McKay Cove Unit MD–52, Blake Creek Unit MD–53 Belvedere Creek Unit MD–54 (126) The map entitled St. Clements Island Unit MD–55P St. Catherine Island Unit MD–56 (127) The map entitled Assateague Island Unit VA–01P (1 of 4) (128) The map entitled Assateague Island Unit VA–01P (2 of 4) (129) The map entitled Assateague Island Unit VA–01P (3 of 4) (130) The map entitled Assateague Island Unit VA–01P (4 of 4) Assawoman Island Unit VA–02P (1 of 3) (131) The map entitled Assawoman Island Unit VA–02P (2 of 3) (132) The map entitled Assawoman Island Unit VA–02P (3 of 3) Metompkin Island Unit VA–03P Cedar Island Unit K03 (1 of 3) (133) The map entitled Cedar Island Unit K03 (2 of 3) Parramore/Hog/Cobb Islands Unit VA–04P (1 of 5) (134) The map entitled Cedar Island Unit K03 (3 of 3) Parramore/Hog/Cobb Islands Unit VA–04P (2 of 5) (135) The map entitled Parramore/Hog/Cobb Islands Unit VA–04P (3 of 5) (136) The map entitled Parramore/Hog/Cobb Islands Unit VA–04P (4 of 5) (137) The map entitled Parramore/Hog/Cobb Islands Unit VA–04P (5 of 5) Little Cobb Island Unit K04 Wreck Island Unit VA–05P (1 of 4) (138) The map entitled Wreck Island Unit VA–05P (2 of 4) (139) The map entitled Wreck Island Unit VA–05P (3 of 4) Smith Island Unit VA–06P (1 of 3) (140) The map entitled Wreck Island Unit VA–05P (4 of 4) Smith Island Unit VA–06P (2 of 3) Fishermans Island Unit K05/K05P (1 of 2) (141) The map entitled Smith Island Unit VA–06P (3 of 3) Fishermans Island Unit K05/K05P (2 of 2) (142) The map entitled Elliotts Creek Unit VA–09 Old Plantation Creek Unit VA–10 Wescoat Point Unit VA–11 (143) The map entitled Great Neck Unit VA–12 Westerhouse Creek Unit VA–13 Shooting Point Unit VA–14 (144) The map entitled Scarborough Neck Unit VA–16/VA–16P Craddock Neck Unit VA–17/VA–17P (1 of 2) (145) The map entitled Craddock Neck Unit VA–17 (2 of 2) Hacks Neck Unit VA–18 Parkers/Finneys Islands Unit VA–19 Parkers Marsh Unit VA–20/VA–20P (1 of 3) (146) The map entitled Parkers Marsh Unit VA–20 (2 of 3) Beach Island Unit VA–21 (1 of 2) Russell Island Unit VA–22/VA–22P Simpson Bend Unit VA–23 (147) The map entitled Parkers Marsh Unit VA–20/VA–20P (3 of 3) Beach Island Unit VA–21 (2 of 2) Watts Island Unit VA–27 (148) The map entitled Drum Bay Unit VA–24 (149) The map entitled Fox Islands Unit VA–25 (150) The map entitled Cheeseman Island Unit VA–26 (151) The map entitled Tangier Island Unit VA–28/VA–28P (152) The map entitled Elbow Point Unit VA–29 White Point Unit VA–30 Cabin Point Unit VA–31 Glebe Point Unit VA–32 (153) The map entitled Sandy Point Unit VA–33 Judith Sound Unit VA–34 (154) The map entitled Cod Creek Unit VA–35 Presley Creek Unit VA–36 Cordreys Beach Unit VA–37 Marshalls Beach Unit VA–38 (155) The map entitled Ginny Beach Unit VA–39P, Gaskin Pond Unit VA–40 Owens Pond Unit VA–41, Chesapeake Beach Unit VA–42 Fleet Point Unit VA–43 Bussel Point Unit VA–44 (156) The map entitled Harveys Creek Unit VA–45, Dameron Marsh Unit VA–63P Ingram Cove Unit VA–46 Bluff Point Neck Unit VA–47/VA–47P Barnes Creek Unit VA–48 (157) The map entitled Little Bay Unit VA–64, North Point Unit VA–49 White Marsh Unit VA–65P, Windmill Point Unit VA–50 Deep Hole Point Unit VA–51, Sturgeon Creek Unit VA–52 Jackson Creek Unit VA–53 (158) The map entitled Rigby Island/Bethal Beach Unit VA–55/VA–55P (1 of 2) (159) The map entitled Rigby Island/Bethal Beach Unit VA–55 (2 of 2) New Point Comfort Unit VA–56 (160) The map entitled Lone Point Unit VA–66 Oldhouse Creek Unit VA–67 Ware Neck Unit VA–57 Severn River Unit VA–58 (1 of 2) (161) The map entitled Severn River Unit VA–58 (2 of 2) Bay Tree Beach Unit VA–68/VA–68P Plum Tree Island Unit VA–59P (1 of 2) (162) The map entitled Plum Tree Island Unit VA–59P (2 of 2) Long Creek Unit VA–60/VA–60P (163) The map entitled Cape Henry Unit VA–61P (164) The map entitled Back Bay Unit VA–62P (1 of 2) (165) The map entitled Back Bay Unit VA–62P (2 of 2) (166) The map entitled Onslow Beach Complex L05 (2 of 2) Topsail Unit L06 (1 of 2) (167) The map entitled Morris Island Unit M06/M06P (168) The map entitled Hunting Island Unit SC–09P (1 of 2) Harbor Island Unit M11 (1 of 2) St. Phillips Island Unit M12/M12P (1 of 3) (169) The map entitled Hunting Island Unit SC–09P (2 of 2) Harbor Island Unit M11 (2 of 2) St. Phillips Island Unit M12/M12P (2 of 3) (170) The map entitled St. Phillips Island Unit M12 (3 of 3) (171) The map entitled Grayton Beach Unit FL–95P Draper Lake Unit FL–96 (172) The map entitled Moreno Point Unit P32/P32P (173) The map entitled Isle au Pitre Unit LA–01 (174) The map entitled Half Moon Island Unit LA–02 (175) The map entitled Timbalier Bay Unit S04 Timbalier Islands Unit S05 (1 of 3) (176) The map entitled Timbalier Islands Unit S05 (2 of 3) (177) The map entitled Timbalier Islands Unit S05 (3 of 3) (178) The map entitled Isles Dernieres Unit S06 (1 of 3) (179) The map entitled Isles Dernieres Unit S06 (2 of 3) (180) The map entitled Isles Dernieres Unit S06 (3 of 3) (181) The map entitled Point au Fer Unit S07 (1 of 4) (182) The map entitled Point au Fer Unit S07 (2 of 4) (183) The map entitled Point au Fer Unit S07 (3 of 4) (184) The map entitled Point au Fer Unit S07 (4 of 4) (c) New maps described The new maps referred to in subsection (a)(2) are the following: (1) The map entitled Odiorne Point Unit NH–01P (2) The map entitled Guilford Harbor Unit CT–19P (3) The map entitled Silver Sands Unit CT–21P (4) The map entitled Calf Islands Unit CT–20P (5) The map entitled Malibu Beach Unit NJ–19P (6) The map entitled Egg Island Unit NJ–22P (1 of 2) (7) The map entitled Egg Island Unit NJ–22P (2 of 2) Dix Unit NJ–23P (1 of 3) (8) The map entitled Dix Unit NJ–23P (2 of 3) (9) The map entitled Dix Unit NJ–23P (3 of 3) Greenwich Unit NJ–24P (10) The map entitled Woodland Beach Unit DE–09P Fraland Beach Unit DE–10 Bombay Hook Unit DE–11P (1 of 2) (11) The map entitled Swan Point Unit MD–65 Lower Cedar Point Unit MD–66 (d) Availability The Secretary of the Interior shall keep the maps described in subsections (b) and (c) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) | Strengthening Coastal Communities Act of 2022 |
Honoring Promises to Native Nations Act This bill addresses criminal justice and public safety, health care, education, housing, and economic development for Native Americans. Among other provisions, the bill (1) provides funding for various programs and accounts, including for the Indian Health Service, the Bureau of Indian Affairs, and the Bureau of Indian Education; (2) establishes the Office of Native Nations within the Office of Management and Budget; and (3) establishes the Tribal Broadband Fund. | 115 S5186 IS: Honoring Promises to Native Nations Act U.S. Senate 2022-12-05 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. 5186 IN THE SENATE OF THE UNITED STATES December 5, 2022 Ms. Warren Committee on Indian Affairs A BILL To ensure progress toward the fulfillment by the Federal Government of its trust and treaty obligations to Native Americans and Tribal governments, to ensure funding for programs for Native Americans and Tribal governments, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Honoring Promises to Native Nations Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Findings. Sec. 4. Sense of Congress. Sec. 5. Definitions. Sec. 6. Advance appropriations. Sec. 7. Sequestration exemption. Sec. 8. Office of Management and Budget Office of Native Nations. Sec. 9. GAO audit of crosscutting information. Sec. 10. White House Council for Native Nations. Sec. 11. Deputy Secretary for Native Nations in the Department of the Interior. Sec. 12. Tribal consultation by Federal agencies. Sec. 13. Interagency working group on data collection. TITLE I—Criminal justice and public safety Sec. 101. Findings. Sec. 102. Sense of Congress. Sec. 103. Full Tribal criminal jurisdiction. Sec. 104. Bureau of Prisons tribal prisoner program. Sec. 105. Tribal justice systems. Sec. 106. Grants to Indian tribes under public safety and community policing grant program. Sec. 107. Bureau of Indian Affairs law enforcement and detention. Sec. 108. Written consent of an Indian tribe prior to an execution of a tribal member by the United States. Sec. 109. Indian victims of crime. Sec. 110. Victim advocates for Native Americans. Sec. 111. Special Tribal criminal jurisdiction. Sec. 112. National Indian Country Clearinghouse on Sexual Assault. Sec. 113. Tribal access program. Sec. 114. Tiwahe Initiative. Sec. 115. Reviews on Native Hawaiian interactions with law enforcement. TITLE II—Health care Sec. 201. Findings. Sec. 202. Sense of Congress. Sec. 203. Mandatory funding for Indian Health Service. Sec. 204. Sanitation facilities construction program. Sec. 205. Special diabetes programs for Indians. Sec. 206. Special diabetes program for Native Hawaiians. Sec. 207. Permanent extension of full Federal medical assistance percentage to urban Indian organizations. Sec. 208. Qualified Indian provider services. Sec. 209. Remove limitation on payment for services furnished by Indian Health Care Providers outside a clinic facility. Sec. 210. Native Hawaiian health care. Sec. 211. Funding for tribal epidemiology centers. Sec. 212. State option to provide medical assistance for residential addiction treatment facility services. Sec. 213. Conferring with urban Indian organizations. Sec. 214. Medicaid work requirement exemption. Sec. 215. Medicaid program policies for members of Indian tribes. TITLE III—Education Sec. 301. Findings. Sec. 302. Sense of Congress. Sec. 303. Mandatory funding for Tribal Colleges and Universities. Sec. 304. Expanding instruction and outreach by Tribal Colleges and Universities and other amendments. Sec. 305. Endowment funds of Tribal Colleges and Universities. Sec. 306. Full funding for operation of Bureau-funded schools. Sec. 307. Bureau of Indian Education school construction, modernization, and repair. Sec. 308. Tribal College and University construction, modernization, and repair. Sec. 309. Support for Native students and educators in Native-serving schools. Sec. 310. Johnson-O’Malley funding. Sec. 311. Native languages. Sec. 312. Culturally inclusive education. Sec. 313. Alaska Native education programs. Sec. 314. Every Student Succeeds Act implementation. Sec. 315. Funding for local Tribal educational agencies and Tribal education offices. Sec. 316. Graduate opportunities at Tribal Colleges and Universities. TITLE IV—Housing Sec. 401. Findings. Sec. 402. Sense of Congress. Sec. 403. Indian housing block grant program. Sec. 404. Native Hawaiian housing block grant program. Sec. 405. Set-aside of USDA rural housing funding for Indian tribes. Sec. 406. Restoring authority of Indian tribes and tribally designated housing entities in certain housing programs. Sec. 407. Indian community development block grants. Sec. 408. Loan guarantees for Indian housing. Sec. 409. Loan guarantees for Native Hawaiian housing. Sec. 410. Direct housing loans for Native American veterans program. Sec. 411. Tribal HUD–VASH program. Sec. 412. Housing improvement program, Bureau of Indian Affairs. Sec. 413. Tribal uninhabitable housing improvement program. Sec. 414. Coordinated Environmental Review Process Workgroup. TITLE V—Economic development Sec. 501. Findings. Sec. 502. Sense of Congress. Subtitle A—Economic development, infrastructure, and investments Sec. 511. Tribal transportation program. Sec. 512. Tribal high priority projects program. Sec. 513. Bureau of Indian Affairs road maintenance program. Sec. 514. Tribal transit program. Sec. 515. Tribal transportation technical assistance program. Sec. 516. Rural development tribal technical assistance program. Sec. 517. Native American community development financial institutions assistance program. Sec. 518. Tribal revolving funds. Sec. 519. Tribal water pollution control. Sec. 520. Rural utilities service water and waste disposal program. Sec. 521. Funding for Claims Resolution Act of 2010. Subtitle B—Spectrum sovereignty and broadband deployment on Tribal lands Sec. 531. Tribal Broadband Fund. Sec. 532. Office of Native Affairs and Policy, Federal Communications Commission. Sec. 533. Immediate deployment of broadband service on Tribal lands. Sec. 534. FCC Tribal spectrum market. Sec. 535. E-rate. Sec. 536. ReConnect Program. Sec. 537. USDA Office of Tribal Relations. Sec. 538. Annual reporting requirements. Sec. 539. Definitions. 2. Purposes The purposes of this Act are— (1) to acknowledge the chronic failure of the Federal Government— (A) to fulfill its trust responsibilities to American Indians, Alaska Natives, and Indian tribes; and (B) to respect its special political and legal relationship with Native Hawaiians; (2) to acknowledge the treaty obligations of the Federal Government to American Indians, Alaska Natives, and Indian tribes, which have never been fulfilled; (3) to ensure progress toward the fulfillment of trust and treaty obligations of the Federal Government; (4) to ensure progress toward adequate funding for programs for American Indians, Alaska Natives, Native Hawaiians, and Indian tribes; (5) to reaffirm and uphold Tribal sovereignty and self-governance; and (6) to acknowledge the broken promises of the Federal Government to Indian tribes and Native Hawaiians, as embodied by— (A) the failure to uphold treaty obligations; (B) the failure to fund programs that should have been fully funded in exchange for the loss of life and indigenous homelands; (C) the ceded land and stolen natural resources from Tribal lands; and (D) the acts taken to extinguish Native American culture and the traditions of American Indians, Alaska Natives, and Native Hawaiians. 3. Findings Congress finds that— (1) in December 2018, the United States Commission on Civil Rights issued a report entitled Broken Promises: Continuing Federal Funding Shortfall for Native Americans (2) the unique government-to-government relationship between the Federal Government and Indian tribes, and the trust responsibility and obligations of the Federal Government to American Indians, Alaska Natives, and Indian tribes, are— (A) enumerated in the United States Constitution, Acts of Congress, Executive orders, Supreme Court precedent, and Federal policies and regulations; and (B) as applicable, established in Indian treaties signed by the United States; (3) Congress has also passed more than 150 laws that promote the welfare of Native Hawaiians and affirm a special political and legal relationship with Native Hawaiians arising out of their status as Indigenous, Native people; (4) Federal programs designed to support the social and economic well-being of American Indians, Alaska Natives, Native Hawaiians, and Indian tribes remain chronically underfunded and sometimes inefficiently structured, which— (A) leaves many basic obligations of the Federal Government in rural and urban areas with large populations of Native Americans unmet; and (B) contributes to the inequities observed in Native American communities; (5) woefully inadequate Federal funding for Native American programs often comes with restrictions that hamper access to funds, including indirect allocations of Federal funding to State governments to be provided to Tribal governments and Native American communities at the State’s discretion, which further diminishes the direct government-to-government relationship between the Federal Government and Indian tribes and other funding mechanisms for Native American communities; (6) Congress often provides funding for Native American programs in a manner that makes efficient long-term planning and budgeting impossible or exceedingly difficult for Tribal governments, tribal organizations, urban Indian organizations, and Native American communities; (7) the Federal Government continues to fail to keep accurate, consistent, and comprehensive records of Federal spending for Native American programs, either for a given fiscal year or for longer time periods, making monitoring of Federal spending to meet the trust responsibility and obligations of the Federal Government difficult; and (8) (A) the Federal Government continues to insufficiently track Native American populations and use outdated or incomplete data points, contributing to the lack of adequate funding provided for necessary resources; (B) there is a critical need for more accurate and current data collection for American Indians, Alaska Natives, and Native Hawaiians, including disaggregated data on those populations; and (C) inaccurate and undercounted data can negatively impact Federal funds and services received by American Indian, Alaska Native, and Native Hawaiian communities. 4. Sense of Congress It is the sense of Congress that— (1) Indian tribes are distinct sovereigns that have a government-to-government relationship with the Federal Government; (2) (A) the Federal Government has trust and treaty obligations to Indian tribes that are established in treaties signed by the United States and enumerated in the Constitution of the United States, Acts of Congress, Executive orders, Supreme Court precedent, and Federal policies and regulations; and (B) those treaties, like all treaties made under the authority of the United States, are the supreme law of the land, as recognized in article VI of the Constitution of the United States; (3) (A) the Federal Government has historically failed to carry out its promises and trust and treaty obligations to American Indians, Alaska Natives, Indian tribes, and, as applicable, Native Hawaiians; and (B) those failures— (i) are ongoing, as the Federal Government continually fails to adequately support the social and economic well-being of American Indians, Alaska Natives, Native Hawaiians, and Indian tribes; and (ii) have created a civil rights crisis; (4) the historical failures of the Federal Government described in paragraph (3) include— (A) federally mandated depopulation of Native Americans, including— (i) numerous massacres carried out by the United States; and (ii) the forced relocation efforts and genocide practices carried out by the United States; (B) successive oppressive government policies, such as the allotment and assimilation, termination, and relocation eras; (C) suppression, assimilation, and cultural annihilation practices carried out against the United States Indigenous peoples; and (D) an ongoing failure to acknowledge that the lands that make up the United States are indigenous lands; (5) the Federal Government must do far more to live up to its trust and treaty obligations to American Indians and Alaska Natives and Indian tribes, for just as the United States expects all nations to live up to their own treaty obligations, the United States should live up to its own promises; (6) the Federal Government can empower American Indians, Alaska Natives, and Native Hawaiians to realize enormous potential by honoring its promises and obligations through the enactment of legislation; and (7) American Indians, Alaska Natives, and Native Hawaiians have long demonstrated remarkable strength, resilience, and revitalization despite the broken promises of the Federal Government and failure to acknowledge their contributions to the United States. 5. Definitions In this Act: (1) Hawaiian home lands The term Hawaiian home lands (2) Indian country The term Indian country (3) Indian tribe The term Indian tribe 25 U.S.C. 5131(a) (4) Native Hawaiian organization (A) In general The term Native Hawaiian organization (i) that serves the best interests of Native Hawaiians; (ii) in which Native Hawaiians serve in substantive and policymaking positions; (iii) that has as a primary and stated purpose the provision of services to Native Hawaiians; and (iv) that has expertise in Native Hawaiian affairs. (B) Inclusions The term Native Hawaiian organization (i) the Native Hawaiian Health Care System; and (ii) the Office of Hawaiian Affairs. (5) Tribal lands (A) In general The term Tribal lands (B) Inclusions The term Tribal lands (i) Indian country; (ii) fee simple and restricted fee land held by an Indian tribe; and (iii) Hawaiian home lands. (6) Tribal organization The term tribal organization Indian Self-Determination and Education Assistance Act 25 U.S.C. 5304 (7) Urban Indian organization The term urban Indian organization 25 U.S.C. 1603 6. Advance appropriations (a) Advance appropriations (1) Definitions In this subsection: (A) Applicable Secretary The term applicable Secretary (i) with respect to actions involving the covered accounts described in subparagraph (B)(i), the Secretary of the Interior; and (ii) with respect to actions involving the covered accounts described in subparagraph (B)(ii), the Secretary of Health and Human Services. (B) Covered account The term covered account (i) The following accounts of the Department of the Interior: (I) Operation of Indian Programs. (II) Operation of Indian Education Programs. (III) Contract Support Costs. (IV) Payments for Tribal Leases. (V) Bureau of Indian Affairs Construction. (VI) Bureau of Indian Education Construction. (VII) Indian Guaranteed Loan Program Account. (ii) The Indian Health Service account of the Department of Health and Human Services. (iii) The Native Hawaiian Health Care account of the Primary Health Care account of the Health Resources and Services Administration of the Department of Health and Human Services that provides annual appropriations to the Native Hawaiian Health care program. (C) Unfunded fiscal year The term unfunded fiscal year (2) Advance appropriations For the first unfunded fiscal year with respect to a covered account, and each fiscal year thereafter, new budget authority provided in an appropriation Act for the covered account shall— (A) be made available for that fiscal year; and (B) include, for the covered account, advance new budget authority that first becomes available for the first fiscal year after the fiscal year described in subparagraph (A). (3) Estimates required If the fiscal year for which the budget of the President is submitted pursuant to section 1105 of title 31, United States Code, is an unfunded fiscal year with respect to a covered account, the applicable Secretary shall include in documents submitted to Congress in support of the budget detailed estimates of the funds necessary for the covered account for the fiscal year following the fiscal year for which the budget is submitted. (b) Information on appropriations estimates Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: (40) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for each covered account for which the fiscal year for which the budget is submitted is an unfunded fiscal year, as such terms are defined in section 6(a) of the Honoring Promises to Native Nations Act . 7. Sequestration exemption (a) In general Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905 (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: (k) Indian Health Service and other Indian programs and accounts The following programs and accounts shall be exempt from reduction under any order issued under this part: United States Department of the Interior, Indian Affairs. United States Department of Health and Human Services, Indian Health Service. Native Hawaiian Health Care Program. Native Hawaiian Education Program. Alaska Native Education Program. Indian Education Program. All programs under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. Any account for which amounts were made available under the Honoring Promises to Native Nations Act Any account designated as significant to Indian Tribes and Native Hawaiian organizations by the Administrator of the Office of Native Nations in the Office of Management and Budget under section 8 of the Honoring Promises to Native Nations Act . (b) Technical and conforming amendment Section 256(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 906(e) (1) in the subsection heading, by striking Indian Health Services and Facilities, (2) in paragraph (2)— (A) by striking subparagraphs (C) and (D); and (B) by redesignating subparagraph (E) as subparagraph (C). 8. Office of Management and Budget Office of Native Nations (a) Establishment There is established in the Office of Management and Budget the Office of Native Nations. (b) Administrator (1) In general The Office of Native Nations shall be headed by an Administrator, who shall be known as the Administrator of Native Nations (referred to in this section as the Administrator (2) Career position The position of Administrator shall be a career position in the Office of the Director of Management and Budget. (3) Administrative and support services The Director of the Office of Management and Budget shall provide the Administrator with such administrative and support services as are necessary to ensure that the Administrator carries out the duties of the Administrator under this section in an efficient and expeditious manner. (c) Duties The Director of the Office of Management and Budget shall delegate to the Administrator responsibility for— (1) coordinating with the rest of the Office of Management and Budget and the rest of the Executive branch on matters of funding for Federal programs and policy affecting American Indians, Alaska Natives, and Native Hawaiians; (2) compiling authoritative data on all Federal funding for Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians; (3) ensuring that the budget requests of the Indian Health Service and the Bureau of Indian Affairs indicate— (A) how much Federal funding is needed for Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians to be fully funded, including how much funding is needed to perform Federal or non-divisible duties; and (B) how far the Federal Government is from achieving that full funding; (4) ensuring that personnel from the Office of Native Nations accompany Office of Management and Budget examiners to meetings with Federal agencies during the budget development process; (5) issuing to Federal agencies budget development guidance that would fully fund Federal programs affecting American Indians, Alaska Natives, and Native Hawaiians; and (6) carrying out the additional responsibilities described in subsections (d) through (g). (d) Annual crosscutting document (1) In general Each fiscal year, the Administrator shall prepare a crosscutting document containing detailed information, based on data from all Federal agencies, on the amount of Federal funding that is reaching Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations, which data shall be provided by the Federal agencies at the most granular level practicable. (2) Requirements The document prepared under paragraph (1) shall— (A) be provided at the most granular level practicable, including with respect to the allocation of Federal funds that are set aside for Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations; (B) indicate how funding is obligated, such as by grant or by formula; (C) indicate any determinative factors that are used to award an Indian tribe, tribal organization, or urban Indian organization competitive grant funding in cases in which multiple Indian tribes, tribal organizations, and urban Indian organizations are competing for the same pool of funds; (D) indicate the amount of Federal funds that are allocated to State governments to subsequently provide— (i) Federal funding to Indian tribes, tribal organizations, Native Hawaiian organizations, or urban Indian organizations, including whether the provision of the Federal funding by each State is mandatory or discretionary; and (ii) services for the benefit of Indian tribes, tribal organizations, Native Hawaiian organizations, or urban Indian organizations; and (E) specify— (i) whether Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations are competing against States or units of local government for competitive grant funding; (ii) how much pass-through funding is allocated to Indian tribes; (iii) how much pass-through funding is successfully transferred to Indian tribes after Federal funds are allocated to Indian tribes; and (iv) (I) whether the grant funding received by Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations is allocated from the same pool of funds from which States and units of local government receive grant funding; and (II) if so, what percentage of the pool of the allocated funds were disbursed to the Indian tribes, tribal organizations, Native Hawaiian organizations, and urban Indian organizations. (3) Annual improvement process In accordance with the Tribal consultation policy developed pursuant to subsection (f), the Administrator shall consult with Indian tribes, collaborate with Native Hawaiian organizations, and confer with urban Indian organizations not less frequently than annually to ascertain how the document prepared under paragraph (1) can be modified to make the document more useful to Indian tribes, Native Hawaiian organizations, and urban Indian organizations. (4) Public availability The document prepared under paragraph (1) shall be made publicly available. (e) Addition to OMB Analytical Perspectives volume of budget The Administrator shall ensure that the Analytical Perspectives volume prepared by the Office of Management and Budget for the budget of the President each fiscal year includes provisions on the subject of aid to Tribal governments, which shall include the information contained in the annual crosscutting document required under subsection (d) for that fiscal year. (f) OMB Tribal consultation policy (1) In general The Administrator, in consultation with Indian tribes and in collaboration with Native Hawaiian organizations, shall develop a Tribal consultation policy applicable to the Office of Management and Budget that governs— (A) the interactions of the Office of Management and Budget with Indian tribes and Native Hawaiian organizations; and (B) the work of the Office of Management and Budget that has an impact on Indian tribes and Native Hawaiian organizations. (2) Approval (A) In general The Tribal consultation policy developed under paragraph (1) shall take effect only on the approval of the Director of the Office of Management and Budget. (B) Deadline Not later than 30 days after receipt of the Tribal consultation policy developed under paragraph (1), the Director of the Office of Management and Budget shall approve or disapprove the Tribal consultation policy. (g) Report Not later than 1 year after the date of enactment of this Act, the Administrator shall publish a report— (1) detailing what percentage of Federal funding for programs affecting American Indians, Alaska Natives, and Native Hawaiians is provided to States for pass-through funding to Indian tribes; and (2) presenting options for Congress and the Executive branch to ensure that funds received by States and local entities for the benefit of American Indians, Alaska Natives, and Native Hawaiians are used for the intended purpose of the funds, including options— (A) to eliminate or reduce the prevalence of State pass-through funding; and (B) instead to provide direct funding to Indian tribes and Native Hawaiian organizations. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2023 and each fiscal year thereafter. 9. GAO audit of crosscutting information (a) In general Not later than 1 year after the date on which the Administrator of Native Nations issues the first crosscutting document under section 8(d), and not less frequently than once every 3 years thereafter, the Comptroller General of the United States, in consultation with Indian tribes, in collaboration with Native Hawaiian organizations, and in conference with urban Indian organizations, shall conduct, and submit to Congress a report describing the results of, an audit of the extent to which the processes designed and implemented by the Administrator of Native Nations accurately produce the information contained in the crosscutting document. (b) Inclusions Each audit conducted under subsection (a) shall review all Federal funding that is reaching, or is intended for the benefit of, Indian tribes, tribal organizations, urban Indian organizations, and Native Hawaiian organizations. 10. White House Council for Native Nations (a) In general The provisions of Executive Order 13647 (78 Fed. Reg. 39539 (July 1, 2013)) (as in effect on June 26, 2013) are enacted into law. (b) Publication In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the Executive order referred to in subsection (a) (as in effect on June 26, 2013). (c) Membership (1) In general The White House Council on Native American Affairs (as established pursuant to subsection (a)) (referred to in this section as the Council White House Council for Native Nations (A) 2 members shall be appointed by the President from among elected Tribal leaders from each of the 12 regions of the Bureau of Indian Affairs. (B) 2 members shall be appointed by the President from among persons who are representatives of Native Hawaiian organizations. (C) 1 member shall be appointed by the President pro tempore of the Senate, on the recommendation of the Majority and Minority Leaders of the Senate, from among Members of the Committee on Indian Affairs of the Senate, which appointment shall be made, as applicable— (i) for the first appointment, not later than 30 days after the date on which the first new Congress after the date of enactment of this Act convenes; and (ii) for any vacancy, not later than 30 days after the date on which the position becomes vacant. (D) 1 member shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, from among the Members of the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives, which appointment shall be made, as applicable— (i) for the first appointment, not later than 30 days after the date on which the first new Congress after the date of enactment of this Act convenes; and (ii) for any vacancy, not later than 30 days after the date on which the position becomes vacant. (E) The members described in clauses (i) through (xxx) of section 3(a) of the Executive order referred to in subsection (a) (as in effect on June 26, 2013). (F) 1 member from each of the following: (i) The Office of the Deputy Secretary for Native Nations of the Department of the Interior. (ii) The Office of the Assistant Secretary of Indian Affairs of the Department of the Interior. (iii) The Office of Justice Services of the Bureau of Indian Affairs. (iv) The Indian Health Service. (v) The Office of Tribal Justice of the Department of Justice. (vi) The Office of Justice Programs of the Department of Justice. (vii) The Indian Resources Section of the Environment and Natural Resource Division of the Department of Justice. (viii) The Administration for Native Americans of the Department of Health and Human Services. (ix) The Office of Native Affairs and Policy of the Federal Communications Commission. (x) The Federal Bureau of Investigation. (xi) The Office on Violence Against Women of the Department of Justice. (xii) The Office of Insular Affairs of the Department of the Interior. (xiii) The Department of the Navy. (xiv) The Department of the Army. (xv) The Administration for Children and Families of the Department of Health and Human Services. (xvi) The Health Resources and Services Administration for the Department of Health and Human Services. (xvii) The Office of Public and Indian Housing of the Department of Housing and Urban Development. (xviii) The Chair of the United States Commission on Civil Rights. (xix) A Commissioner of the Federal Communications Commission. (G) The heads of such other Executive departments, agencies, and offices as the Chairperson may from time to time designate. (2) Chairperson The Secretary of the Interior shall serve as Chairperson of the Council. (d) Additional subcommittees The Council shall establish the following additional subcommittees relating to Native American affairs: (1) A subcommittee on sacred land. (2) A subcommittee on children, youth, families, education, and housing. (3) A subcommittee on health care, mental health care, and suicide prevention. (4) A subcommittee on energy, economic development, and jobs. (5) A subcommittee on law enforcement, Tribal justice systems, and jurisdiction. (6) A subcommittee on environment. (7) A subcommittee on connectivity, Tribal spectrum management, and affordable broadband. (8) Such other subcommittees as the Council determines necessary. 11. Deputy Secretary for Native Nations in the Department of the Interior (a) Establishment There is established in the Department of the Interior (referred to in this section as the Department (1) report immediately to the Secretary of the Interior; and (2) be equal with the Deputy Secretary of the Interior. (b) Duties The Secretary of the Interior shall delegate to the Deputy Secretary for Native Nations responsibility for— (1) honoring Indian treaty obligations and the trust responsibility of the United States to American Indians and Alaska Natives, supporting self-determination, promoting self-sufficiency, and overseeing all affairs related to American Indians, Alaska Natives, Native Hawaiians, and Indian tribes under the jurisdiction of the Department; (2) coordinating with Cabinet-level officials to ensure the effective provision of Federal support for Tribal self-government and programs for American Indians, Alaska Natives, Native Hawaiians, and Indian tribes and services under the Department; and (3) implementing Indian treaties, statutes, regulations, Executive and Secretarial orders, programs, policies, and other powers related to American Indians, Alaska Natives, Native Hawaiians, and Indian tribes. (c) Authority (1) In general The Deputy Secretary for Native Nations shall oversee the following offices and functions: (A) Assistant Secretary for Indian Affairs. (B) Bureau of Indian Affairs, including the Office of Justice Services. (C) Bureau of Indian Education. (D) Office of the Special Trustee for American Indians. (E) Office of Self-Governance. (2) Additional authority The Deputy Secretary for Native Nations shall coordinate the Native Nations affairs and activities of the White House Council on Native Nations for the President, Vice President, and Cabinet-level officials, subject to the immediate direction of the Secretary of the Interior. (3) Authorization of appropriations There are authorized to be appropriated to the Deputy Secretary for Native Nations to carry out the responsibilities of the Deputy Secretary for Native Nations under this section such sums as are necessary. 12. Tribal consultation by Federal agencies (a) Purposes The purposes of this section are— (1) to enumerate a non-exhaustive set of principles to inform a codification of how Federal agencies should engage in meaningful and timely Tribal consultation; (2) to underscore the importance of Tribal consultation in the fulfilment of the trust and treaty obligations of the Federal Government; (3) to affirm Tribal consultation and the principle of free, prior, and informed consent as rights of Indian tribes, predicated on Tribal sovereignty and self-determination; and (4) to affirm the need for the entire Federal Government to recognize the importance of “regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes,” as quoted in Executive Order 13175 and elaborated in the Presidential Memorandum of January 26, 2021. (b) Findings Congress finds that— (1) as of January 2021, there existed more than 27 directives, handbooks, plans, policies, orders, and similar documents implementing various Tribal consultation policies, totaling more than 300 pages; (2) the current lack of centralization in Federal agencies’ Tribal consultation policies results in a large number of policies with which Indian tribes are expected to be familiar in order to engage in consultation; (3) the current lack of centralization in Federal agencies’ Tribal consultations— (A) results in a number of challenges, including scheduling conflicts and unsustainable drains on the resources of Indian tribes and the time of Tribal leaders; and (B) reflect a lack of respect for Tribal leaders; (4) Federal agency consultation policies take dramatically different views on the purpose of Tribal consultation, resulting in significantly different experiences for Indian tribes attempting to engage in meaningful nation-to-nation dialogue; and (5) history demonstrates that the Federal Government best serves Native American communities when Tribal governments are empowered to lead their own communities. (c) Sense of Congress It is the sense of Congress that— (1) consultation is a right between sovereigns, and the responsibilities and privileges associated with it cannot be delegated to other actors; (2) the purpose of Tribal consultation should be for the Federal Government to obtain the free, prior, and informed consent of affected Indian tribes; (3) Tribal consultation— (A) is both a right of Indian tribes and a process; (B) should occur when any Federal rulemaking, legislation, policy, guidance, operational activity, grant or funding formula change, or other action may have a substantial direct effect on Indian tribes; (C) requires dialogue, which should often take place through formal face-to-face meetings, but may also occur through telephonic, electronic, or printed means; (D) should be used to empower Tribal governments to lead their own communities; (E) (i) should be a collaborative process; (ii) should be built upon the exchange of information; and (iii) should promote enhanced communication that emphasizes trust, respect, and shared responsibility; (F) should involve individuals with decision-making authority; and (G) in its current form is inadequate and requires far more from the Federal Government; (4) the records resulting from consultations between the Federal Government and Tribal governments should be maintained and published, subject to the condition that sensitive Tribal information should be protected; (5) for Tribal consultation to be effective, both Indian tribes and the Federal Government should have the capacity to engage effectively in the consultation process; (6) any legislation or policy attempting to prescribe the conditions of Tribal consultation should be preceded by the gathering of Tribal input with the goal of reaching a consensus on the proposed legislation; and (7) Indian tribes— (A) should be involved in the Tribal consultation process on their request or as early as practicable; (B) should have a meaningful remedy for violations of their right to Tribal consultation; (C) should be entitled to a codified, formal dispute resolution process to provide the Indian tribes with a potential remedy when their rights as sovereigns are violated by the Federal Government; and (D) should receive adequate notice, and sufficient information, about any Tribal consultation sessions. 13. Interagency working group on data collection (a) In general Not later 180 days after the date of enactment of this Act, the Deputy Secretary for Native Nations shall establish a working group, to be known as the Interagency Working Group on Data Collection for Native Populations Working Group (b) Purposes The purposes of the Working Group are to develop and improve systems and methodologies for the collection of accurate and disaggregated data for American Indian, Alaska Native, and Native Hawaiian populations. (c) Chairperson; membership (1) In general The Deputy Secretary for Native Nations shall serve as the Chairperson of the Working Group. (2) Membership (A) In general After engaging in Tribal consultation, the Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall appoint the members of the Working Group in accordance with subparagraph (B). (B) Requirements In appointing members of the Working Group under subparagraph (A), the Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall include— (i) Tribal leaders representing each of the 12 regions of the Bureau of Indian Affairs; (ii) Tribal data experts; (iii) representatives of urban Indian organizations; (iv) representatives of Native Hawaiian organizations; and (v) other members, as the Deputy Secretary determines to be necessary. (d) Meetings The Working Group shall meet at the call of the Chairperson. (e) Duties The duties of the Working Group shall be the following: (1) Provide a public report at least every 2 years, and more often if the Working Group decides it is necessary, which shall be published on a publicly available website established by the Working Group, on the following: (A) How to improve the quality and accuracy of data relied on by Federal agencies regarding American Indian, Alaska Native, and Native Hawaiian populations, including how to achieve appropriate disaggregation from other populations. (B) Making recommendations to develop and improve systems and methodologies that Federal agencies can replicate for the collection of accurate data on the populations referred to in subparagraph (A). (C) How to protect and uphold Tribal data sovereignty in the collection and use of the data described in subparagraph (B). (2) To receive input from Indian tribes, tribal organizations, urban Indian organizations, Native Hawaiian organizations, and Federal agencies, on an ongoing basis, about instances in which the accuracy and quality of the data described in paragraph (1)(B) requires improvement, to research how to achieve those improvements, and to make recommendations based on the findings of that research. (f) Report Not later than 1 year after the date of enactment of this Act, the Chairperson of the Working Group shall submit an initial report to the Committees on the Budget, Health, Education, Labor, and Pensions, and Indian Affairs of the Senate and the Committee on the Budget, the Subcommittee on Health of the Committee on Energy and Commerce, and the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives. (g) Tribal consultation The Deputy Secretary for Native Nations, in collaboration with the Director of the Bureau of the Census, shall ensure that the Working Group engages in robust Tribal consultation with respect to the work of the Working Group. (h) Tribal data sovereignty The Working Group shall conduct all its work respect for Tribal data sovereignty. (i) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. I Criminal justice and public safety 101. Findings Congress finds that— (1) Tribal law enforcement agencies in American Indian and Alaska Native communities have fewer officers per capita than other law enforcement agencies nationwide, leaving residents of Indian country and Alaska Native Villages less safe and subject to higher rates of crime; (2) Native Americans are killed during police encounters at a higher rate than any other group; (3) Native Americans suffer as victims of violent crime at a rate that is 2.5 times the national average; (4) Native American women are 10 times more likely to be murdered and 2 times more likely to experience rape or experience sexual assault crimes; (5) the criminal justice system in its current form creates structural barriers and fails to recognize Tribal sovereignty and inherent Tribal criminal jurisdiction on Tribal lands; (6) some Indian tribes established Tribal courts before some State courts; (7) for example, the Cherokee Nation opened its Supreme Court in 1822, 23 years before the State of Georgia opened its own Supreme Court; (8) Indian tribes historically exercised criminal jurisdiction over non-Indians who committed crimes on Tribal lands; (9) for example, in 1825, the Muscogee (Creek) Nation passed a law criminalizing rape against women on Creek lands, which applied to all persons (10) the history of inadequate Federal funding for public safety on Tribal lands and complex legal jurisdiction on Tribal lands negatively impacts access to counsel in Tribal courts; (11) in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, 212 (1978), the Supreme Court concluded that whether Indian tribes should be authorized to try non-Indians for Congress to weigh (12) the Supreme Court recently affirmed this holding in June 2021, in United States v. Cooley, 141 S. Ct. 1638, 1643 (2021), concluding once again that tribal authority remains subject to the plenary authority of Congress (13) existing successful Federal and Tribal self-governance programs working to combat the inequities described in this section face chronic underfunding; and (14) the special Tribal criminal jurisdiction exercised by Indian tribes pursuant to section 204 of Public Law 90–284 25 U.S.C. 1304 Indian Civil Rights Act of 1968 102. Sense of Congress It is the sense of Congress that— (1) Congress should provide more resources for public safety and other programs of the Department of Justice and the Bureau of Indian Affairs that make American Indian and Alaska Native communities safer; (2) Congress should provide more resources for Tribal law enforcement agencies, Tribal courts, and Tribal detention centers to ensure Tribal sovereignty over public safety programs in Indian country and Alaska Native Villages; (3) Indian tribes have the inherent sovereign authority to exercise full criminal jurisdiction over persons— (A) within the sovereign territory of the Indian tribe; and (B) who commit a violation of Tribal criminal law; (4) the Supreme Court of the United States, in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), violated the inherent sovereign authority of Indian tribes by wrongly limiting tribal criminal jurisdiction and removing Tribal authority to prosecute non-Indians unless authorized by Congress; (5) the limitation by the Supreme Court of the United States of inherent Tribal jurisdiction has effectively granted non-Indians immunity for crimes committed in Indian country and Alaska Native Villages, leading to violence and criminal activity by non-Indians and preventing Indian tribes from taking recourse; (6) the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 (7) the Violence Against Women Reauthorization Act of 2022 ( Public Law 117–103 (8) the jurisdiction of Indian tribes over the crimes described in paragraphs (6) and (7) is known as special Tribal criminal jurisdiction (9) the exercise of special Tribal criminal jurisdiction has allowed many Indian tribes to begin to address the crisis of violence against American Indian and Alaska Native women by holding offenders accountable and pursuing justice for victims; (10) the Indian tribes that have chosen to implement special domestic violence criminal jurisdiction under the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 (11) Congress has a trust duty and responsibility, stemming from both the treaties signed with Indian tribes and the Constitution of the United States, to fund and support strong Tribal governments, which necessarily includes the funding of Tribal courts, Tribal law enforcement, and victim services. 103. Full Tribal criminal jurisdiction (a) In general Title II of Public Law 90–284 25 U.S.C. 1301 et seq. Indian Civil Rights Act of 1968 205. Full tribal criminal jurisdiction (a) Definitions In this section: (1) Alaska native village The term Alaska Native Village 43 U.S.C. 1602 (2) Full criminal jurisdiction The term full criminal jurisdiction (3) Indian country The term Indian country (4) Participating tribe The term participating tribe (5) Protection order The term protection order (A) means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and (B) includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. (b) Nature of the criminal jurisdiction (1) In general Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed by sections 201 and 203, the powers of self-government of a participating tribe include the inherent power of that tribe, which is hereby recognized and affirmed, to exercise full criminal jurisdiction over any person who— (A) commits a violation of tribal criminal law in the Indian country or Alaska Native Village of that participating tribe; (B) violates a protection order issued by a Tribal court; or (C) commits a violation of tribal law outside of the Indian country or Alaska Native Village of the participating tribe but within the inherent extraterritorial jurisdiction of the participating tribe. (2) Applicability Nothing in this section— (A) creates or eliminates any Federal or State criminal jurisdiction over Indian country or an Alaska Native Village; or (B) affects the authority of the United States or any State that has been delegated authority by the United States to investigate and prosecute a criminal violation in Indian country or in an Alaska Native Village. (3) Effect The authority of the United States and certain States described in paragraph (2)(B) shall remain concurrent to the authority restored to Indian tribes in the Honoring Promises to Native Nations Act. (c) Removal of limitations on sentencing Subparagraphs (B) through (D) of section 202(a)(7), section 202(b), and section 202(d) shall not apply to a participating tribe exercising full criminal jurisdiction under this section. (d) Rights of defendants In a criminal proceeding in which a participating tribe exercises full criminal jurisdiction over a non-Indian, the participating tribe shall provide the defendant— (1) all applicable rights under this Act; (2) all rights described in section 202(c), if a term of imprisonment of any length is imposed; (3) the right to a trial by an impartial jury that is drawn from sources that— (A) reflect a fair cross section of the community; and (B) do not systemically exclude any distinctive group in the community, including non-Indians; and (4) all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise full criminal jurisdiction over the defendant. (e) Grants to tribal governments The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)— (1) to strengthen tribal criminal justice systems to assist Indian tribes in exercising full criminal jurisdiction, including— (A) law enforcement, including the capacity of law enforcement or court personnel to enter information into and obtain information from national crime information databases; (B) prosecution; (C) trial and appellate courts; (D) probation systems; (E) detention and correctional facilities, including medical services and health care for inmates; (F) alternative rehabilitation centers and reentry programs; (G) culturally appropriate services and assistance for victims and the families of the victims; and (H) criminal codes and rules of criminal procedure, appellate procedure, and evidence; (2) to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes a crime; and (3) to ensure that, in criminal proceedings in which a participating tribe exercises full criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements. (f) Supplement, not supplant Amounts made available under this section shall supplement and not supplant any other Federal, State, tribal, or local government amounts made available to carry out activities described in this section. (g) Authorization of appropriations (1) In general Subject to paragraph (2), there is authorized to be appropriated to carry out subsection (e), and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $25,000,000 for each of fiscal years 2023 through 2032. (2) Adjustment for inflation The amount made available under paragraph (1) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (b) Effective date; pilot project (1) General effective date Except as provided in paragraph (2), subsections (b) through (d) of section 205 of Public Law 90–284 Indian Civil Rights Act of 1968 (2) Pilot project (A) Requests to participate (i) In general Except as provided in subparagraph (B), at any time during the 5-year period beginning on the date of enactment of this Act, an Indian tribe (as defined in section 201 of Public Law 90–284 25 U.S.C. 1301 Indian Civil Rights Act of 1968 Public Law 90–284 Indian Civil Rights Act of 1968 (ii) Procedure The Attorney General may grant a request under clause (i) after coordinating with the Secretary of the Interior, consulting with affected Indian tribes, and concluding that the criminal justice system of the requesting Indian tribe has adequate safeguards in place to protect the rights of defendants, consistent with section 205 of Public Law 90–284 Indian Civil Rights Act of 1968 (B) Tribes exercising special domestic violence criminal jurisdiction (i) In general At any time during the 5-year period beginning on the date of enactment of this Act, a participating tribe (as defined in section 204(a) of Public Law 90–284 25 U.S.C. 1304(a) Indian Civil Rights Act of 1968 tribe (I) may elect to exercise full criminal jurisdiction under section 205 of that Act; and (II) shall notify the Attorney General of such election. (ii) Procedure On notification by a tribe under clause (i)(II), the Attorney General shall designate the tribe as a participating tribe under section 205 of Public Law 90–284 Indian Civil Rights Act of 1968 (C) Effective dates for pilot projects An Indian tribe designated as a participating tribe under subparagraph (A)(ii) or (B)(ii) may commence exercising full criminal jurisdiction pursuant to subsections (b) through (d) of section 205 of Public Law 90–284 Indian Civil Rights Act of 1968 (i) not earlier than the date that is 15 days after the date on which the Indian tribe is designated as a participating tribe under subparagraph (A)(ii) or (B)(ii), as applicable; and (ii) not later than the date that is 5 years after the date of enactment of this Act. (c) Petitions To stay detention Section 204(e) of Public Law 90–284 25 U.S.C. 1304(e) Indian Civil Rights Act of 1968 (1) in paragraph (2)— (A) by redesignating subparagraphs (A) and (B) as clauses (ii) and (iii), respectively, and indenting appropriately; (B) in the matter preceding clause (ii) (as so redesignated), by striking A court (A) In general A court ; (C) in subparagraph (A) (as so designated), by inserting before clause (ii) (as so redesignated) the following: (i) finds that the person has exhausted all tribal court remedies; ; and (D) by adding at the end the following: (B) Victimless crimes If the crime committed by a defendant petitioning for a stay under paragraph (1) is a victimless crime, the court shall not be required to make a finding described in subparagraph (A)(iii). ; and (2) by adding at the end the following: (3) Notice An Indian tribe that has ordered the detention of any person has a duty to timely notify the person of the rights and privileges the person has under this subsection and under section 203. . 104. Bureau of Prisons tribal prisoner program Section 234(c) of the Tribal Law and Order Act of 2010 ( 25 U.S.C. 1302a (1) in paragraph (2)— (A) in subparagraph (B), by striking (comparable to the United States Code) (B) by striking subparagraph (D); and (2) by striking paragraph (4). 105. Tribal justice systems (a) In general Section 103(a) of the Indian Tribal Justice Act ( 25 U.S.C. 3613(a) (1) by striking the subsection designation and heading and all that follows through Pursuant to (a) Authorization (1) In general Pursuant to ; and (2) by adding at the end the following: (2) Requirement The Secretary shall enter into contracts, grants, or agreements with Indian tribes under paragraph (1) without regard to whether the Indian tribe is located in a State listed in section 1162(a) of title 18, United States Code, or section 1360(a) of title 28, United States Code. . (b) Funding Section 201 of the Indian Tribal Justice Act ( 25 U.S.C. 3621 (1) in each of subsections (a), (c), and (d), by striking 2011 through 2015 2022 through 2026 (2) by striking subsection (b) and inserting the following: (b) Base support funding for tribal justice systems (1) In general There are authorized to be appropriated to carry out section 103, and there are appropriated, out of any monies in the Treasury not otherwise appropriated— (A) $83,000,000 for fiscal year 2023; (B) $140,000,000 for fiscal year 2024; (C) $200,000,000 for fiscal year 2025; (D) $259,000,000 for fiscal year 2026; and (E) $318,000,000 for fiscal year 2027. (2) Adjustment for inflation The amount made available under paragraph (1) for each of fiscal years 2024 through 2027 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 106. Grants to Indian tribes under public safety and community policing grant program Section 1701(j) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(j) (1) in paragraph (2)— (A) by striking In providing (A) In general In providing ; and (B) by adding at the end the following: (B) Requirement The Attorney General shall provide grants to Indian tribal governments under this subsection without regard to whether the Indian tribe of the Indian tribal government is located in a State listed in section 1162(a) of title 18, United States Code, or section 1360(a) of title 28, United States Code. ; and (2) by striking paragraph (4) and inserting the following: (4) Funding (A) In general Subject to subparagraph (B), there is authorized to be appropriated to carry out this subsection, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $52,000,000 for fiscal year 2023 and each fiscal year thereafter. (B) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 107. Bureau of Indian Affairs law enforcement and detention (a) In general There is authorized to be appropriated to the Director of the Bureau of Indian Affairs to carry out the law enforcement and detention activities of the Bureau of Indian Affairs, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $1,200,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (c) Requirement The Director of the Bureau of Indian Affairs shall provide law enforcement and detention services to Tribal communities without regard to whether the Tribal community is located in a State listed in section 1162(a) of title 18, United States Code, or section 1360(a) of title 28, United States Code. 108. Written consent of an Indian tribe prior to an execution of a tribal member by the United States Section 3598 of title 18, United States Code, is amended— (1) by striking under this chapter for any offense the Federal jurisdiction for under this chapter for— (1) any offense the Federal jurisdiction for ; (2) by striking within the boundaries of Indian country, within the boundaries of Indian country; or (2) any offense the Federal jurisdiction for which is predicated solely on the offender’s use or taking of an object that has been transported, shipped, or received in interstate or foreign commerce, when the offender was not directly involved in such transportation, shipping, or receiving, ; and (3) by striking unless the governing body unless the governing body . 109. Indian victims of crime (a) Grant program for Indian crime victim services The Victims of Crime Act of 1984 ( 34 U.S.C. 20101 et seq. 1404G. Grant program for Indian crime victim services (a) Definitions In this section: (1) Eligible Indian tribe The term eligible Indian tribe (2) Immediate family member The term immediate family member (3) Indian tribe The term Indian tribe 25 U.S.C. 5304 (4) Personally identifying information The term personally identifying information 34 U.S.C. 12291(a) (5) Services to victims of crime The term services to victims of crime (A) has the meaning given the term in section 1404; and (B) includes efforts that— (i) respond to the emotional, psychological, or physical needs of a victim of crime; (ii) assist a victim of crime in stabilizing his or her life after victimization; (iii) assist a victim of crime in understanding and participating in the criminal justice system; or (iv) restore a measure of security and safety for a victim of crime. (6) Victim of crime The term victim of crime (b) Duties of Director The Director shall— (1) administer the grant program described in subsection (c); (2) provide planning, research, training, and technical assistance to recipients of covered grants; and (3) coordinate with the Office of Tribal Justice, the Indian Health Service, and the Bureau of Indian Affairs in implementing the grant program described in subsection (c). (c) Grant program (1) In general On an annual basis, the Director shall make grants to eligible Indian tribes for the purposes of funding— (A) a program, administered by one or more Indian tribes, that provides services to victims of crime, which may be provided in traditional form or through electronic, digital, or other technological formats, including— (i) services to victims of crime provided through subgrants to agencies or departments of Tribal governments or nonprofit organizations; (ii) domestic violence shelters, rape crisis centers, child abuse programs, child advocacy centers, and elder abuse programs providing services to victims of crime; (iii) medical care, equipment, treatment, and related evaluations arising from the victimization, including— (I) emergency medical care and evaluation, nonemergency medical care and evaluation, psychological and psychiatric care and evaluation, and other forms of medical assistance, treatment, or therapy, regardless of the setting in which the services are delivered; (II) mental and behavioral health and crisis counseling, evaluation, and assistance, including outpatient therapy, counseling services, substance abuse treatment, and other forms of specialized treatment, including intervention and prevention services; (III) prophylactic treatment to prevent an individual from contracting HIV/AIDS or any other sexually transmitted disease or infection; and (IV) forensic medical evidence collection examinations and forensic interviews of victims of crime— (aa) to the extent that other funding sources are unavailable or insufficient; and (bb) on the condition that, to the extent practicable, the examiners and interviewers follow relevant guidelines or protocols issued by the State, unit of local government, or Indian tribe with jurisdiction over the area in which the examination or interview is conducted; (iv) legal services, legal assistance services, and legal clinics (including services provided by pro bono legal clinics and practitioners), the need for which arises directly from the victimization; (v) the training and certification of service animals and therapy animals; (vi) equipment for Braille or TTY/TTD machines for the deaf necessary to provide services to victims of crime; (vii) restorative justice opportunities that allow victims of crime to meet with the perpetrators if the meetings are voluntarily agreed to by the victim of crime and are for therapeutic purposes; and (viii) training and related materials, including books, training manuals, and training videos, for staff and service providers to develop skills necessary to offer quality services to victims of crime; (B) the development or implementation of training, technical assistance, or professional development that improves or enhances the quality of services to victims of crime, including coordination between healthcare, education, and justice systems; (C) the transportation of victims of crime— (i) to receive services; or (ii) to participate in criminal justice proceedings; (D) emergency legal assistance to victims of crime that is directly connected to the crime; (E) the supervision of direct service providers and contracts for professional or specialized services that are related directly to providing services to victims of crime; (F) the repair and replacement of essential items used during the provision of services to victims of crime to contribute to and maintain a healthy and safe environment for the victims; (G) transitional housing for victims of crime, particularly victims who have a particular need for such housing and cannot safely return to previous housing, including travel, rental assistance, security deposits, utilities, and other related costs that are incidental to the relocation to transitional housing; (H) the relocation of victims of crime, particularly where necessary for the safety and well-being of the victim, including reasonable moving expenses, security deposits for housing, rental expenses, and utility startup costs; (I) the coordination of activities that facilitate the provision of direct services to victims of crime; (J) a multisystem, interagency, multidisciplinary response to the needs of victims of crime; and (K) the administration of the program and services described in this section. (2) Eligibility An Indian tribe seeking a covered grant shall, in response to a request for proposal, submit to the Director a written proposal for a covered grant. (3) No matching requirement A recipient or subrecipient of a covered grant shall not be required to make a matching contribution for Federal dollars received. (d) Protection of crime victim confidentiality and privacy (1) Annual reports In order to ensure the safety of victims of crime and immediate family members of victims of crime, recipients and subrecipients of covered grants shall protect the confidentiality and privacy of individuals receiving services from the recipient or subrecipient. (2) Nondisclosure (A) In general Subject to paragraphs (3) and (4), a recipient or subrecipient of a covered grant shall not disclose, reveal, or release any personally identifying information collected in connection with any service requested, used, or denied through a program of the recipient or subrecipient or require the release of personally identifying information as a condition of eligibility for the services provided by the recipient or subrecipient— (i) regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected; and (ii) subject to subparagraph (B) and the condition that consent for release may not be given by an abuser of the minor, an abuser of a parent or guardian of a minor, or an incapacitated individual, absent the informed, written, reasonably time-limited consent of— (I) the individual about whom information is sought; (II) in the case of an emancipated minor, the minor, and the parent or guardian; or (III) in the case of legal incapacity, a court-appointed guardian. (B) Certain minors and other individuals If a minor or individual with a legally appointed guardian may lawfully receive services without the consent of a parent or guardian, that minor or individual may consent to the release of information under subparagraph (A)(ii) without the additional consent of a parent or guardian. (3) Release If the release of information described in paragraph (2) is compelled by a statutory or court mandate, a recipient or subrecipient of a covered grant shall— (A) make reasonable attempts to provide notice to victims of crime affected by the disclosure of information; and (B) take steps necessary to protect the privacy and safety of the individuals affected by the release of the information. (4) Information sharing A recipient or subrecipient of a covered grant may share— (A) data in the aggregate that is not personally identifying information regarding services to clients and demographics in order to comply with Federal, State, Tribal, or territorial reporting, evaluation, or data collection requirements; (B) court-generated and law enforcement-generated information contained in secure governmental registries for protection order enforcement purposes; and (C) law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes. (e) Availability of grant funds Any amount awarded under a covered grant that remains unobligated at the end of the fiscal year in which the grant is made may be expended for the purpose for which the grant was made at any time during the 10 succeeding fiscal years, at the end of which period, any unobligated sums shall remain available to the Director for award under this section in the following fiscal year. (f) Effect Nothing in this section prohibits— (1) an Indian tribe from contracting for the administration of a program or activity funded under this section; or (2) multiple Indian tribes or Tribal organizations from forming a consortium for any of the purposes described in this section. (g) Funding The grant program established under this section shall be carried out using amounts made available under section 1402(d)(1). (h) Term This section shall be effective for the first 10 fiscal years beginning after the date of enactment of this section. . (b) Funding for grants for Tribal victims of crime Section 1402(d) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101(d) (1) by inserting before paragraph (2) the following: (1) For each of the first 10 fiscal years beginning after the date of enactment of the Honoring Promises to Native Nations Act ; (2) in paragraph (2)(A), by inserting after compliance with paragraph (1) deposited in the Fund (3) in paragraph (3)(A), in the matter preceding clause (i), by striking paragraph (2) paragraphs (1) and (2) (4) in paragraph (5)(A), by inserting (1), (2) (c) Regulations regarding Indian tribes (1) Existing regulations Any regulation, rule, or guidance promulgated by the Director of the Office for Victims of Crime before the date of enactment of this Act shall have no force or effect with respect to section 1404G of the Victims of Crime Act of 1984, as added by subsection (a). (2) Negotiated rulemaking (A) In general Not later than 1 year after the date of enactment of this Act, the Director of the Office for Victims of Crime, in consultation with the Secretary of the Interior and Indian tribes (as defined in section 1404G(a) of the Victims of Crime Act of 1984) and through notice and comment negotiated rulemaking, following the provisions of subchapter III of chapter 5 (B) Requirements The Director of the Office for Victims of Crime shall ensure that— (i) not fewer than 2 Indian tribes from each Bureau of Indian Affairs region participate in the consultation; and (ii) small, medium, and large land-based Indian tribes are represented. 110. Victim advocates for Native Americans Section 2001(b)(23) title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10441(b)(23) domestic violence, dating violence, sexual assault, and stalking crime 111. Special Tribal criminal jurisdiction Section 204(j)(1) of Public Law 90–284 25 U.S.C. 1304(j)(1) Indian Civil Rights Act of 1968 There is authorized to be appropriated $25,000,000 There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $50,000,000 112. National Indian Country Clearinghouse on Sexual Assault (a) In general There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $1,000,000 for fiscal year 2023 and each fiscal year thereafter for grants, contracts, cooperative agreements, and other assistance for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of Indian and Alaska Native women. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 113. Tribal access program Section 534(d) of title 28, United States Code, is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting (including entities designated by an Indian tribe as maintaining public safety within the territorial jurisdiction of the Indian tribe) law enforcement agencies (2) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) Funding There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $60,000,000 for fiscal year 2023, to remain available until expended, to carry out the Tribal Access Program under subparagraph (A). . 114. Tiwahe Initiative (a) In general There is authorized to be appropriated to carry out the Tiwahe Initiative of the Bureau of Indian Affairs, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $1,000,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 115. Reviews on Native Hawaiian interactions with law enforcement (a) Public safety and criminal justice (1) Review on law enforcement affecting Native Hawaiians (A) In general The Department of Justice shall conduct a comprehensive review of law enforcement and other crime prevention programs for various crimes affecting Native Hawaiian populations, including child sexual exploitation, child abuse, intimate partner violence, human trafficking, and substance abuse. (B) Report Not later than 1 year after the date of enactment of this Act, the Department of Justice shall submit to Congress a report summarizing the review required under subparagraph (A), which shall include the amount of Federal funding for the programs referred to in that subparagraph received by Native Hawaiian-serving organizations as a percentage of the total amount spent on those programs. (2) Review of Native Hawaiian victims of various crimes (A) In general The Department of Justice shall conduct a comprehensive review of programs that provide services to victims of various crimes affecting Native Hawaiian populations, including child sexual exploitation, child abuse, intimate partner violence, human trafficking, and substance abuse. (B) Report Not later than 1 year after the date of enactment of this Act, the Department of Justice shall submit to Congress a report summarizing the review required under subparagraph (A), which shall include the amount of Federal funding for the programs referred to in that subparagraph received by Native Hawaiian-serving organizations as a percentage of the total amount spent on those programs. (3) Review of Native Hawaiians in the criminal justice system (A) In general The National Institute of Justice, in coordination with the Bureau of Justice Statistics, shall conduct a comprehensive review on the Native Hawaiian population involved in the criminal justice system, including— (i) arrests; (ii) detention in Federal, State, and local jails; (iii) pretrial supervision; (iv) post-conviction supervision; (v) incarceration in Federal and State prisons; and (vi) post-release supervision. (B) Report Not later than 1 year after the date of enactment of this Act, the National Institute of Justice, in coordination with the Bureau of Justice Statistics, shall submit to Congress a report summarizing the review required under subparagraph (A), which shall include— (i) the Native Hawaiian population as a percentage of the total population of the United States that is involved in the criminal justice system; (ii) information on the programs and services available to, and used by, Native Hawaiians in various jurisdictions, including diversion programs, in-prison education programs, and reentry services; and (iii) the number of culturally relevant programs available to justice-involved Native Hawaiians. II Health care 201. Findings Congress finds that— (1) funding for the Indian Health Service and health care for American Indians and Alaska Natives is inequitable and unequal; (2) Indian Health Service expenditures per capita are well below other Federal healthcare programs, which results in— (A) unacceptable health conditions of American Indians and Alaska Natives; and (B) American Indians and Alaska Natives living sicker and dying younger than other individuals in the United States; (3) the urban Indian health care budget has failed to keep pace with urban Indian population growth or inflation, and that severe underfunding impedes fulfillment of the trust and treaty obligations of the Federal Government; (4) due to chronic underfunding to healthcare programs that serve American Indians and Alaska Natives, American Indians and Alaska Natives face overwhelming health disparities compared to other populations, including— (A) having lower life expectancies and experiencing a disproportionate number of diseases; and (B) dying at higher rates than other individuals in the United States from chronic liver disease, cirrhosis, diabetes mellitus, unintentional injuries, intentional self-harm and suicide, and chronic lower respiratory diseases; (5) the significant decline of third-party reimbursements for care, as clinics serving Tribal areas operate with limited staff and cancel non-essential procedures and visits, is affecting Tribal resources, which— (A) reduces the amount that Tribal health facilities can bill Medicare, Medicaid, or other private insurances for reimbursement of services; and (B) poses a threat to the continuity of operations of those facilities; (6) (A) section 10221 of the Patient Protection and Affordable Care Act ( Public Law 111–148 25 U.S.C. 1601 et seq. (B) many of the provisions of the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. (7) the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11701 et seq. (A) to improve the health status of Native Hawaiians; and (B) to provide Native Hawaiian health care programs with the resources necessary to improve the health status of Native Hawaiians. 202. Sense of Congress It is the sense of Congress that— (1) funding for the delivery of health care to American Indians, Alaska Natives, and Native Hawaiians through the Indian Health Service, Indian tribes, tribal organizations, urban Indian organizations, and the Native Hawaiian Health Care Program should be fully funded; (2) the funding described in paragraph (1) should be mandatory; (3) Congress should allocate funding to job training and tuition reimbursement programs to increase the number of clinicians and non-medical health care staff serving American Indians, Alaska Natives, Native Hawaiians, and Indian tribes; (4) Congress should provide funding under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. (5) (A) the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. (B) all of the provisions of that Act should be implemented and fully funded; and (C) in accordance with section 3 of that Act ( 25 U.S.C. 1602 (i) to ensure the highest possible health status for Indians and to provide all resources necessary to effect that policy; (ii) to raise the health status of Indians to at least the levels set forth in the goals contained within the Healthy People 2010 initiative or successor objectives; (iii) to ensure maximum Indian participation in the direction of health care services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities; (iv) to increase the proportion of all degrees in the health professions and allied and associated health professions awarded to Indians so that the proportion of Indian health professionals in each Indian Health Service area is raised to at least the level of that of the general population; (v) to require that all actions under that Act shall be carried out with active and meaningful consultation with Indian tribes, and conference with tribal organizations and urban Indian organizations, to implement that Act and the national policy of Indian self-determination; (vi) to ensure that the United States and Indian tribes work in a government-to-government relationship to ensure quality health care for all Tribal members; and (vii) to provide funding for programs and facilities operated by Indian tribes and tribal organizations in amounts that are not less than the amounts provided to programs and facilities operated directly by the Indian Health Service; (6) legal challenges to that Act and the Patient Protection and Affordable Care Act ( Public Law 111–148 (7) legislation to address the opioid and substance use epidemic facing American Indian, Alaska Native, and Native Hawaiian communities (known as the Comprehensive Addiction Resources Emergency Act of 2021 (8) legislation to provide significant resources to Indian tribes to combat child abuse and neglect (known as the American Indian and Alaska Native Child Abuse Prevention and Treatment Act 203. Mandatory funding for Indian Health Service (a) Establishment There is established in the Treasury an account, to be known as the Indian Health Services Operations Account 25 U.S.C. 1601 et seq. (b) Appropriation There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, the following amounts, which shall be deposited in the Indian Health Services Operations Account: (1) For fiscal year 2023, $50,138,679,000. (2) For fiscal year 2024, $51,416,373,000. (3) For fiscal year 2025 and each fiscal year thereafter, an amount equal to the sum of— (A) the amount appropriated for the previous fiscal year, as adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average); and (B) as applicable— (i) 1.8 percent of the amount appropriated for the previous fiscal year; or (ii) the percentage of the amount appropriated for the previous fiscal year determined under subsection (c)(2). (c) Adjustments after fiscal year 2024 (1) Study Not later than September 30, 2024, and not less frequently than once every 10 years thereafter, the Comptroller General of the United States shall conduct a study, in consultation with Indian tribes, to determine whether the population served by the Indian Health Service has continued to grow by 1.8 percent per year. (2) Adjustment If the Comptroller General determines under the study conducted under paragraph (1) that the actual rate of growth of the population described in that paragraph is higher than 1.8 percent, for purposes of subsection (b)(3)(B)(ii), the percentage by which the amount appropriated for the previous fiscal year shall be adjusted to reflect the actual rate of growth determined by the study. (d) Shortfalls and report (1) In general Not later than the end of fiscal year 2023, the Secretary of Health and Human Services shall submit to the Committees on the Budget, Health, Education, Labor, and Pensions, and Indian Affairs of the Senate and the Committee on the Budget, the Subcommittee on Health of the Committee on Energy and Commerce, and the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives a publicly available report, developed in consultation with Indian tribes, that proposes an item of appropriation, according to the recommendations of the national Tribal Budget Formulation Workgroup, for shortfalls for funds related to the lease of a facility used for administration and delivery of Indian Health Service programs pursuant to section 105(l) of the Indian Self-Determination Act ( 25 U.S.C. 5324(l) (2) Additional appropriations (A) Facility leasing (i) In general In addition to the amount appropriated for a fiscal year for the Indian Health Services Operations Account, there is authorized to be appropriated for fiscal year 2023, and each fiscal year thereafter, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, the amount requested by the report under paragraph (1). (ii) Adjustment for inflation The amount made available under clause (i) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average). (B) Contract support costs In addition to the amount appropriated for a fiscal year for the Indian Health Services Operations Account, there is authorized to be appropriated for fiscal year 2023, and each fiscal year thereafter, for contract support costs described in section 106 of the Indian Self-Determination Act ( 25 U.S.C. 5325 204. Sanitation facilities construction program Section 7 of the Act of August 5, 1954 ( 42 U.S.C. 2004a (d) Funding (1) In general There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, to carry out this section— (A) $1,200,000,000 for each of fiscal years 2023 through 2025; and (B) $1,900,000,000 for fiscal year 2026 and each fiscal year thereafter. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 205. Special diabetes programs for Indians Section 330C of the Public Health Service Act ( 42 U.S.C. 254c–3 (1) in subsection (c)(2)— (A) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so redesignated), by striking For the purpose (A) In general For the purpose ; (C) in subparagraph (A) (as so redesignated)— (i) in clause (iii) (as so redesignated), by striking and (ii) in clause (iv) (as so redesignated), by striking 2023, to remain available until expended. 2022; and (iii) by adding at the end the following: (v) subject to subparagraph (B), $300,000,000 for each of fiscal years 2023 through 2032, to remain available until expended. ; and (D) by adding at the end the following: (B) Adjustment for inflation The amount authorized to be appropriated under subparagraph (A)(v) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average). ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Requirement Grants provided under subsection (a) shall be subject to the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act 25 U.S.C. 5307(b) . 206. Special diabetes program for Native Hawaiians Section 6 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705 (i) Special diabetes program for Native Hawaiians (1) In general The Secretary shall make grants for providing services for the prevention and treatment of diabetes in accordance with subsection (b). (2) Services through Native Hawaiian Health Care Systems facilities For purposes of subsection (a), services under such subsection are provided in accordance with this subsection if these services are provided through the Native Hawaiian Health Care Systems. (3) Appropriations For the purpose of making grants under this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, $9,000,000 for each fiscal year. . 207. Permanent extension of full Federal medical assistance percentage to urban Indian organizations Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) for the 8 fiscal year quarters beginning with the first fiscal year quarter beginning after the date of the enactment of the American Rescue Plan Act of 2021 for each fiscal quarter beginning on or after April 1, 2021 208. Qualified Indian provider services Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (1) in subsection (a)(2)— (A) by striking , and (C) , (C) (B) by inserting , and (D) qualified Indian provider services (as defined in subsection (l)(4)) included in the plan (2) in subsection (l), by adding at the end the following: (4) (A) The term qualified Indian provider services (i) for which medical assistance is otherwise available under the State plan (or a waiver of such plan); and (ii) that are furnished by an Indian health care provider (as defined in subparagraph (B)) to an individual who— (I) is eligible for medical assistance under the State plan (or waiver); and (II) is eligible to receive services from the Indian Health Service. (B) The term Indian health care provider 25 U.S.C. 1603 25 U.S.C. 5381(a) 25 U.S.C. 1603 (C) Notwithstanding any other provision of law, qualified Indian provider services may be provided by authorized non-physician practitioners working within the scope of their license, certification, or authorized practice under Federal, State, or tribal law. . 209. Remove limitation on payment for services furnished by Indian Health Care Providers outside a clinic facility Section 1905(a)(9) of the Social Security Act ( 42 U.S.C. 1396d(a)(9) and including such services furnished in any location by or through an Indian Health Care Provider as defined in subsection (l)(4)(B) 210. Native Hawaiian health care (a) Extension of Federal Tort Claims Act coverage to Native Hawaiian health care systems Section 6 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705 (1) by redesignating subsections (h) and (i) (as added by section 206) as subsections (i) and (j), respectively; (2) by inserting after subsection (g) the following: (h) Federal Tort Claims Act coverage (1) Native hawaiian health care systems A Native Hawaiian health care system shall be considered to be a Federal agency for purposes of claims under sections 1346(b) and 2672 of title 28, United States Code, for money damages for personal injury, including death, resulting from the performance of functions by the Native Hawaiian health care system. (2) Officers and employees An individual who is an officer or employee of a Native Hawaiian health care system shall— (A) be considered to be an employee of the Department of Health and Human Services for purposes of claims under sections 1346(b) and 2672 of title 28, United States Code, for money damages for personal injury, including death, resulting from the performance of functions within the scope of employment of the individual; and (B) be considered to be an employee of the Public Health Service performing medical, surgical, dental, or related functions for purposes of ensuring that the remedy provided by sections 1346(b) and 2672 of title 28, United States Code, is exclusive of any other civil action or proceeding by reason of the same subject matter against— (i) that individual; or (ii) the estate of that individual. ; and (3) by striking subsection (i) (as so redesignated) and inserting the following: (i) Funding (1) In general Subject to paragraph (2), there are authorized to be appropriated to carry out this section, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, $47,000,000 for fiscal year 2023, an additional $9,000,000 per year for each fiscal year until fiscal year 2035, and $155,000,000 each fiscal year thereafter. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2036 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (b) Extension of full Federal medical assistance percentage to services furnished by Native Hawaiian health care systems Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) for such 8 fiscal year quarters, for each fiscal quarter beginning on or after April 1, 2021, (c) Permanent removal of matching requirements Section 6 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705 (1) by striking subsection (e); and (2) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively. 211. Funding for tribal epidemiology centers Section 214 of the Indian Health Care Improvement Act ( 25 U.S.C. 1621m (f) Funding (1) In general There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $60,000,000 for fiscal year 2023 and each fiscal year thereafter for epidemiology centers established under this section. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the medical care component of the consumer price index for all urban consumers (U.S. city average). . 212. State option to provide medical assistance for residential addiction treatment facility services (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (1) in subsection (a)(16)— (A) by striking as defined in subsection (h), and, (B) as defined in subsection (h)(1), (B) (B) by inserting , and (C) residential addiction treatment facility services (as defined in subsection (h)(3)), if offered as part of a full continuum of evidence-based treatment services provided under the State plan, including residential, outpatient, and community-based care, for individuals with substance use disorders (2) in subsection (h)— (A) in paragraph (1), by striking paragraph (16) of subsection (a) subsection (a)(16)(A) (B) by adding at the end the following: (3) (A) For purposes of subsection (a)(16)(C), the term residential addiction treatment facility services (i) to an individual for the purpose of treating a substance use disorder that are furnished to an individual in the State for not more than 60 consecutive days (on a statewide average basis), provided that upon completion of each period of 30 consecutive days of treatment, the individual is assessed and determined to have progressed through the clinical continuum of care, in accordance with criteria established by the Secretary, in consultation with the American Society of Addiction Medicine, and requires continued medically necessary treatment and social support services to promote recovery, stable transition to ongoing treatment, and discharge; and (ii) in a facility that is accredited for the treatment of substance use disorders by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or any other accrediting agency that the Secretary deems appropriate as necessary to ensure nationwide applicability, including qualified national organizations and State-level accrediting agencies. (B) The State agency responsible for administering the State plan under this title shall establish procedures to ensure that, with respect to any facility providing residential addiction treatment facility services in a fiscal year, the number of beds used by the facility to provide such services during such year is consistent with State licensure standards. (C) The provision of medical assistance for residential addiction treatment facility services to an individual shall not prohibit Federal financial participation for medical assistance for items or services that are provided to the individual in or away from the residential addiction treatment facility during any 30-day period in which the individual is receiving residential addiction treatment facility services. (D) A woman who is eligible for medical assistance on the basis of being pregnant and who is furnished residential addiction treatment facility services during any 30-day period may remain eligible for, and continue to be furnished with, such services for additional 30-day periods without regard to any eligibility limit that would otherwise apply to the woman as a result of her pregnancy ending, subject to assessment by the facility and a determination based on medical necessity related to substance use disorder and the impact of substance use disorder on birth outcomes. . (b) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2023. 213. Conferring with urban Indian organizations (a) Definition of confer In this section, the term confer (1) leads to mutual understanding and comprehension; and (2) emphasizes trust, respect, and shared responsibility. (b) Requirement The Secretary of Health and Human Services, to the maximum extent practicable, shall confer with urban Indian organizations in carrying out health services of the Department of Health and Human Services. 214. Medicaid work requirement exemption Section 1902 of the Social Security Act ( 42 U.S.C. 1396a (tt) Nonapplication of work requirements to members of Indian tribes In the case of a State that conditions an individual's eligibility for medical assistance upon such individual's satisfaction of a requirement that the individual be employed, enrolled in school, participate in a work activity (as defined in section 407(d) or otherwise by the State), or participate in other community engagement activity, the State shall not apply such condition to an individual who is a member of a Federally recognized Indian tribe. . 215. Medicaid program policies for members of Indian tribes The Secretary of Health and Human Services— (1) may waive compliance with any requirement of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (A) persons who are Indian (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 (B) facilities of the Indian Health Service and urban Indian organizations; (2) shall not waive compliance with any requirement of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (A) reduce the amount, duration, or scope of benefits available to such persons under such Act; or (B) impose restrictions, premiums or cost-sharing, or additional conditions on the receipt of benefits under such Act by such persons; and (3) shall not waive any requirement relating to Tribal consultation or conference with urban Indian organizations as required by any Federal law, rule, or regulation. III Education 301. Findings Congress finds that— (1) (A) Native American students experience discernible disparities in access to educational opportunities compared to their non-Native-American peers; and (B) those disparities in educational opportunities— (i) have a profound impact on the social and economic opportunities and well-being of Native American students and Native American communities; and (ii) mean that Native American students are likely to experience disproportionate levels of discipline while in school that leads to those students being suspended or expelled, increasing the likelihood of those students to be involved in the school-to-prison pipeline; (2) the Federal Government has failed in its trust obligation to provide educational services that address the unique situation of Native American students; (3) (A) a majority of Native American students attend public schools, many of which lack curricula that provide historically accurate and culturally competent representation or discussion of Native Americans and their history in the United States; and (B) the failure to include historically accurate and culturally competent curricula leads to a lack of understanding for all students of the history and contributions of Native Americans; (4) (A) Native American students make up 1.1 percent of students attending public schools; (B) Native American students have the lowest high school graduation rates and the lowest scores on reading and math elementary and secondary school standardized tests; (C) students attending schools funded by the Bureau of Indian Affairs (referred to in this title as Bureau-funded schools (D) educational disparities continue into higher education, with only 16 percent of Native American students obtaining a bachelor’s degree compared to the national average of 36 percent of individuals in the same age group; (5) (A) the enactment of the Indian Self-Determination and Education Assistance Act 25 U.S.C. 5301 et seq. (B) with 183 Bureau-funded schools, the Bureau of Indian Education is obligated to provide culturally relevant, high-quality education opportunities to Native American students; and (C) Bureau-funded schools consistently struggle to recruit and retain qualified and effective teachers due to noncompetitive salaries, isolated rural settings, difficult work environments, lack of job opportunities for spouses and partners, and marginal housing opportunities; and (6) (A) American Indian and Alaska Native tribally chartered colleges and universities (TCUs) were established beginning in the late 1960s due to the failure of the United States higher education system to include American Indians; (B) in addition to providing place-based and culturally grounded higher and career/technical education, TCUs are charged with preserving and revitalizing Tribal cultures, languages and lands, and strengthening Tribal sovereignty; and (C) TCUs face significant challenges and inequities, including— (i) the lack of adequate operating funding from the Department of the Interior; (ii) the inability to grow endowments; and (iii) a disproportionate number of students living in poverty, suffering food and housing insecurity, and unprepared for post-secondary education. 302. Sense of Congress It is the sense of Congress that Congress should— (1) provide full funding for Tribal Colleges and Universities and Bureau-funded schools, including increased funding to develop lessons and curricula that provide culturally competent and historically accurate information; (2) provide increased funding to recruit and retain teachers at schools that serve a high proportion of Native students, including Bureau-funded schools, in order to address the educational disparities faced by Native American students described in section 301; (3) provide full funding for school construction and repairs at Bureau-funded schools, which have lacked longstanding adequate funding and prioritization, to correct facilities operations inefficiencies that contribute to the chronic poor educational outcomes and performance of students at those schools; and (4) increase and make permanent programmatic funding for Native American language programs to restore the elimination of traditional languages that colonial education forced on Native American students during the Assimilation Era. 303. Mandatory funding for Tribal Colleges and Universities Section 371(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(b) (1) in paragraph (1)— (A) by striking subparagraph (A) and inserting the following: (A) Provision of funds There shall be available to the Secretary to carry out this section, from funds in the Treasury not otherwise appropriated, $300,000,000 for fiscal year 2023 and each fiscal year thereafter. ; and (B) by adding at the end the following: (C) Adjustment for inflation The amount made available under paragraph (1)(A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. ; and (2) in paragraph (2)— (A) in subparagraph (A)— (i) in each of clauses (i) and (ii), by striking $100,000,000 $117,500,000 (ii) in clause (iii), by striking $55,000,000 $65,000,000 (B) in subparagraph (D)— (i) in clause (i), by striking $30,000,000 $35,000,000 (ii) in clause (ii), by striking $15,000,000 $18,000,000 (iii) in each of clauses (iii) and (iv), by striking $5,000,000 $6,000,000 304. Expanding instruction and outreach by Tribal Colleges and Universities and other amendments (a) Section heading Section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c American Indian Tribally Controlled Colleges and Universities Tribal Colleges and Universities (b) Authorized activities Section 316(c)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(c)(2) (1) in subparagraph (D), by striking Indians policy American Indians and Alaska Natives are underrepresented, instruction in Native American languages, and instruction and programs to support Tribal governance, Tribal public policy, and Tribal history and sovereignty (2) in subparagraph (L), by striking outreach education; outreach and recruitment activities and programs that encourage American Indian and Alaska Native elementary school students, secondary school students, and community members to develop the academic skills and the interest to pursue and succeed in postsecondary education; (c) Application, plan, allocation Section 316(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(d) (1) by striking paragraph (1); (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and (3) in paragraph (3) (as so redesignated), by adding at the end the following: (C) Use of unexpended funds Any funds paid to an institution and not expended or used for the purposes for which the funds were paid during the 5-year period following the date of the initial grant award, may be carried over and expended during the succeeding 5-year period, if such funds are obligated for a purpose for which the funds were paid during the 5-year period following the date of the initial grant award. . (d) Definition Section 2(a)(4) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801(a)(4) an institution a public institution 305. Endowment funds of Tribal Colleges and Universities Section 316(c)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(c)(3) (1) by striking subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (B); and (3) by adding at the end the following: (C) Scholarships A Tribal College or University that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such Tribal College or University. . 306. Full funding for operation of Bureau-funded schools (a) Indian school equalization program There is authorized to be appropriated to carry out the Indian School Equalization Program of the Bureau of Indian Affairs, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $500,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Tribal colleges and universities operations There is authorized to be appropriated to fund operations at Tribal Colleges or Universities that are authorized under titles I and V of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1802 et seq. 25 U.S.C. 640a Public Law 92–189 25 U.S.C. 13 Snyder Act (c) Adjustment for inflation The amount made available under subsections (a) and (b) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (d) Special programs and projects To improve educational opportunities for Indian children Subpart 2 of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7441 et seq. 6123. Funding (a) In general Subject to subsection (b), there is authorized to be appropriated to carry out this subpart, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $68,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (e) Bureau of Indian Education facilities operations (1) In general Subject to paragraph (2), there is authorized to be appropriated for Bureau of Indian Education facilities operations costs, including costs for electricity, heating fuels, communications, custodial services, and other operation expenses, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $109,000,000 for fiscal year 2023 and each fiscal year thereafter. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (f) Student transportation (1) In general Subject to paragraph (2), there is authorized to be appropriated for the costs of transportation of students to Bureau-funded schools, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $73,000,000 for fiscal year 2023 and each fiscal year thereafter. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 307. Bureau of Indian Education school construction, modernization, and repair (a) In general Subject to subsection (b), there are authorized to be appropriated for the costs of construction, facilities improvement, modernization, repair, and replacement school construction for Bureau-funded schools, including sanitation, non-mechanical heating, ventilation, and air conditioning system repair and replacement, and there are appropriated, out of any monies in the Treasury not otherwise appropriated— (1) $1,000,000,000 for each of fiscal years 2023 through 2027; and (2) $264,300,000 for fiscal year 2028 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a)(2) for fiscal year 2029 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 308. Tribal College and University construction, modernization, and repair (a) In general Section 112 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1812 112. Tribal College and University construction, modernization, and repair (a) Study (1) In general The Secretary shall conduct a study on the condition of facilities of tribally controlled colleges or universities, including facilities of Tribal Colleges or Universities (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) (2) Requirement The study under paragraph (1) shall identify the need for new construction, renovation, and infrastructure enhancements of the Tribal Colleges and Universities. (3) Contract The Secretary may conduct the study required in subsection (a) directly or by contract. (b) Report Not later than 18 months after the date of enactment of the Honoring Promises to Native Nations Act (1) the Committee on Indian Affairs of the Senate; (2) the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives; (3) the Committee on Appropriations of the Senate; and (4) the Committee on Appropriations of the House of Representatives. . (b) Infrastructure improvement Section 113 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1813 113. Infrastructure improvement (a) Definitions In this section: (1) Construction The term construction (2) Tribal College or University The term Tribal College or University 20 U.S.C. 1059c(b) (A) during fiscal year 2022; or (B) for a period of not fewer than 4 consecutive fiscal years through an affiliation with a tribally controlled college or university that received assistance under this title during fiscal year 2022. (b) Grants Subject to the availability of appropriations, the Secretary shall provide to a Tribal College or University the application of which is approved under subsection (c) a grant for construction in accordance with this section. (c) Application (1) In general To be eligible to receive a grant under this section, a Tribal College or University shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Approval The Secretary shall approve an application submitted under paragraph (1) if the Secretary determines that— (A) the application meets all applicable requirements established by the Secretary; and (B) identifies a need for construction at the Tribal College or University. (d) Eligible activities A Tribal College or University shall use a grant provided under this section to address facilities and infrastructure needs, including— (1) construction of new facilities, including— (A) classrooms; (B) administrative offices; (C) libraries; (D) health, fitness, and cultural centers; (E) child care centers; (F) technology centers; (G) housing for students, faculty, and staff; and (H) other facilities necessary to an institution of higher education; (2) renovating or expanding an existing or acquired facility; (3) providing new or existing facilities with equipment and infrastructure, including— (A) laboratory equipment; (B) computer infrastructure and equipment; (C) broadband infrastructure and equipment; (D) library books; and (E) furniture; and (4) property acquisition. (e) No match requirement A Tribal College or University that receives a grant under this section shall not be required to make a matching contribution for any Federal amounts received. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $525,000,000 for each of fiscal years 2023 through 2025. . (c) Conforming amendment Section 110(a)(3) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1810(a)(3) sections 112(b) and 113 section 112(b) 309. Support for Native students and educators in Native-serving schools (a) Purpose The purpose of this section is to address the shortage of qualified teachers serving American Indian, Alaska Native, and Native Hawaiian elementary school and secondary school students by attracting, and retaining, quality teachers to Native-serving schools, while also increasing the number of American Indian, Alaska Native, and Native Hawaiian teachers in those schools. (b) Support for Native students and educators in Native-Serving schools Part B of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1031 et seq. 6 Support for Native students and educators in Native-Serving schools 259A. Definitions In this subpart: (1) Bureau-funded school The term Bureau-funded school 25 U.S.C. 2021 (2) Bureau of Indian Education early childhood development program The term Bureau of Indian Education early childhood development program 25 U.S.C. 2019 (3) Eligible educator The term eligible educator (A) received a stipend and mentoring under section 259B; (B) completed the individual's program of study and earned an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration from an institution of higher education; and (C) obtains full-time employment in a Native-serving school. (4) Eligible student The term eligible student (A) is an Indian or a Native Hawaiian; (B) is pursuing an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration from an institution of higher education; and (C) in the case of an undergraduate student, has completed not less than 2 years of study toward the degree described in subparagraph (B). (5) Indian The term Indian (6) Native Hawaiian The term Native Hawaiian 20 U.S.C. 7517 (7) Native-serving school The term Native-serving school (A) a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (B) a public elementary school or secondary school that, for the school year during which an eligible student or eligible educator is employed at such school for purposes of section 259B(d)(2)(B) or 259C, respectively— (i) has a student enrollment of 25 percent or more Indian or Native Hawaiian students; and (ii) is located in the school district of a local educational agency eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965; (C) a tribal early childhood education program; or (D) a federally funded early childhood education program that serves a significant number of Native students, as determined by the Secretary in consultation with Indian tribes and in collaboration with a Native Hawaiian organization. (8) Tribal early childhood education program The term tribal early childhood education program (A) A 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 Act 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 with a student enrollment of 25 percent or more Indian or Native Hawaiian students; 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 or a Native Hawaiian organization. (9) Tribal educational agency The term tribal educational agency 259B. Stipends and mentoring to Native students pursuing education degrees (a) Program authorized From amounts made available to carry out this section, the Secretary shall carry out a program under which the Secretary provides stipends under subsection (b) and mentoring through grants under subsection (c) to eligible students, in order to increase the number of Native teachers in Native-serving schools. (b) Stipends A stipend provided under this section shall be in an amount equal to $1,500 a month, for each month during the period in which the student is enrolled, on a full-time or part-time basis, in a program leading to an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration from an institution of higher education and until the eligible student obtains the degree. (c) Mentoring The Secretary shall award grants, on a competitive basis, to institutions of higher education serving American Indian, Alaska Native, or Native Hawaiian students, to enable the institution to establish programs that provide mentoring to all eligible students receiving a stipend under this section. (d) Applications An eligible student desiring a stipend and mentoring under this section shall submit an application— (1) at such time and in such manner as the Secretary shall require; and (2) that includes— (A) a commitment to continue pursuing an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration at an institution of higher education during the period for which the eligible student receives a stipend; and (B) a commitment to serve, upon completion of the degree described in subparagraph (A), in a Native-serving school for a minimum of 3 years. (e) Reporting The Secretary shall annually prepare and submit to Congress a report regarding the program carried out under this section, which shall include the numbers and percentages of— (1) eligible students receiving assistance under this section who complete their undergraduate or graduate degree; (2) such students who begin teaching in a Native-serving school upon completion of the degree; and (3) such students who teach in a Native-serving school for 3 years or more. 259C. Bonuses and mentoring for new educators (a) Program authorized The Secretary shall carry out a program through which the Secretary provides bonuses described in subsection (b) and mentoring through grants under subsection (c) to eligible educators employed in Native-serving schools, in order to address— (1) the compensation gap between teaching and other professions; and (2) the additional living expenses that eligible educators face in order to work in Native-serving schools. (b) Bonuses The amount of a bonus under this section shall be— (1) not less than $10,000 for each year of full-time teaching; and (2) increased by $2,000 for each year that the eligible educator is employed in a Native-serving school. (c) Mentoring The Secretary shall award grants, on a competitive basis, to local educational agencies serving Native-serving schools to enable the local educational agencies to establish teacher mentorship programs that provide mentoring to all eligible educators receiving a bonus under this section for the first 3 years of the eligible educator’s employment in a Native-serving school. (d) Applications An eligible educator desiring a bonus and mentoring under this section shall submit an application— (1) at such time and in such manner as the Secretary shall determine; and (2) identifying the Native-serving school in which the eligible educator is employed. (e) Reporting The Secretary shall annually prepare and submit to Congress a report regarding the program carried out under this section, which shall include the numbers and percentages of eligible educators receiving bonuses under this section who teach in Native-serving schools for not less than 3 years. . (c) National Board certification incentive program (1) In general Title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq. D National Board certification incentive program 6401. National Board certification incentive program (a) Purposes The purposes of this section are— (1) to improve the skills of qualified individuals who are Indian or Native Hawaiian or who teach Indian or Native Hawaiian people; (2) to provide an incentive for qualified educators to continue to utilize their enhanced skills in elementary schools and secondary schools serving Indian or Native Hawaiian communities; and (3) to increase the retention of highly skilled Indian or Native Hawaiian educators in elementary schools and secondary schools seeking to better incorporate Indian or Native Hawaiian culture and history into the general curriculum. (b) Definitions In this section: (1) Bureau-funded school The term Bureau-funded school 25 U.S.C. 2021 (2) Eligible entity The term eligible entity (A) a State educational agency in consortium with an institution of higher education; (B) a local educational agency in consortium with an institution of higher education; (C) an Indian tribe or organization or a Native Hawaiian organization, in consortium with a local educational agency and an institution of higher education; (D) an Indian tribe or organization, in consortium with a Bureau-funded school and an institution of higher education; or (E) a Bureau-funded school in consortium with an institution of higher education. (3) Eligible educator The term eligible educator (A) a teacher who teaches a minimum number of Indian or Native Hawaiian students, as determined by the Secretary in consultation with Indian tribes or in collaboration with a Native Hawaiian organization; or (B) a teacher who is Indian or Native Hawaiian. (4) Indian The term Indian (5) Indian tribe The term Indian tribe 25 U.S.C. 5304 (6) Native Hawaiian The term Native Hawaiian (c) Program authorized The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such eligible entities to— (1) reimburse eligible educators for out-of-pocket costs associated with obtaining teacher certification or credentialing by the National Board for Professional Teaching Standards; and (2) provide an increase in annual compensation, in an amount equal to not less than $5,000 and not more than $10,000, for eligible educators with a certification from the National Board for Professional Teaching Standards for the duration of the grant under this section. (d) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. (2) Special rule In the case of an eligible entity desiring to utilize all or a portion of a grant under this section for eligible educators identified in subparagraph (B) of subsection (b)(3) who would not also qualify as an eligible educator under subparagraph (A) of such subsection, the eligible entity shall provide an assurance that grant funds will support only those educators who are Native Hawaiian or tribally enrolled or affiliated with an Indian tribe. (e) Awarding of grants In awarding grants under this section, the Secretary shall determine the amount and duration of each grant, which shall not exceed 5 years. (f) Restrictions on compensation increases The Secretary shall require and ensure that individuals who obtain a certification from the National Board for Professional Teaching Standards under this section continue to teach at a school served by the eligible entity through which funding for such certification was obtained as a condition of receiving annual compensation increases provided for in this section. (g) Progress reports (1) In general For every year for which Congress allocates funds for grants under this section, the Secretary shall provide a report on the progress of the eligible entities receiving grants under this section in meeting applicable progress standards, as determined by the Secretary. (2) Dissemination The Secretary shall disseminate each report described in this subsection to each of the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on Indian Affairs of the Senate. (C) The Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives. (D) The Committee on Education and Labor of the House of Representatives. . (2) Table of contents The table of contents for the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 6306 the following: Part D—National Board certification incentive program Sec. 6401. National Board certification incentive program. . (d) Native Language Vitalization and Training Program for Tribal Colleges or Universities and other institutions of higher education serving significant numbers of Native students (1) Program established Part A of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1057 et seq. 320A. Native American language vitalization and training program (a) Definitions In this section: (1) Eligible institution Notwithstanding section 312(b), the term eligible institution (A) a Tribal College or University; (B) an Alaska Native-serving institution, as defined in section 317(b); or (C) a Native Hawaiian-serving institution, as defined in section 317(b). (2) Native American language The term Native American language 25 U.S.C. 2902 (3) Tribal College or University The term Tribal College or University (b) Purpose The purpose of this section is to support eligible institutions in preserving and revitalizing endangered Native American languages through curriculum development, instruction, student support, and innovative early childhood education programs and community-based partnerships. (c) Program authorized The Secretary shall establish a program, to be known as the Tribal College or University Native American Language Vitalization and Training Program (d) Authorized activities Grants awarded under this section shall be used for one or more of the following activities: (1) Native American language-oriented curriculum development and academic and community-based instruction, including educational activities, programs, and partnerships relating to students in early childhood education programs and in kindergarten through grade 12. (2) Native American language-oriented professional development for faculty of eligible institutions, and Native American language-oriented in-service training programs for instructors and administrators of early childhood education programs, elementary schools, and secondary schools. (3) Innovative Native American language programs for students in early childhood education programs and in kindergarten through grade 12, including language immersion programs. (4) Other activities proposed in the application submitted under subsection (e) that— (A) contribute to carrying out the purposes of this section; and (B) are approved by the Secretary in the review and acceptance of such application. (e) Application and other provisions (1) Application An eligible institution desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, consistent with the purpose of this section. (2) Streamlined process Notwithstanding section 393, the Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section. (3) Inclusions An application under this subsection shall include a plan for the program proposed by the eligible institution receiving the grant, including— (A) a description of a 5-year strategy of the eligible institution for meeting the needs of American Indians, Alaska Natives, Native Hawaiians, or Native American Pacific Islanders, as appropriate, in the area served by the institution, and how such plan is consistent with the purpose described in subsection (b); (B) (i) an identification of the population to be served by the eligible institution; (ii) an identification of the status of Native American language understanding and use within that population; and (iii) a description of the manner in which the program will help preserve and revitalize the relevant Native American language; (C) a description of the services to be provided under the program, including the manner in which the services will be integrated with other appropriate activities of the relevant community; and (D) a description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution in carrying out the program. (4) Priority In awarding grants under this section with funds described in section 399(a)(1)(G)(i), the Secretary shall give priority to eligible institutions that received funding under section 316 in fiscal year 2022. (5) Concurrent funding (A) Tribal College or University An eligible institution that is a Tribal College or University may, concurrently, receive a grant under this section and funds under section 316. (B) Alaska Native-serving institution or Native Hawaiian-serving institution An eligible institution that is an Alaska Native-serving institution or Native Hawaiian-serving institution may, concurrently, receive a grant under this section and funds under section 317. (6) Exemptions Sections 311(d), 313(d), 314, 315, 316(d)(3), 317(d)(3), 318(i), 319(d)(3), 320(d)(3), and 391 shall not apply with respect to a grant awarded under this section. . (2) Appropriations Section 399(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1068h(a)(1) (A) in subparagraph (A), by striking 320 320B (B) by adding at the end the following: (G) There is authorized to be appropriated to carry out section 320A, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $40,000,000 for each of fiscal years 2023 through 2028, of which, for each fiscal year— (i) $35,000,000 shall be available for eligible institutions that are Tribal Colleges or Universities, as described in section 320A(a)(1)(A); and (ii) $5,000,000 shall be available for eligible institutions described in subparagraph (B) or (C) of section 320A(a)(1). (H) There is authorized to be appropriated to carry out section 320B, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $5,000,000 for each of fiscal years 2023 through 2028. . 310. Johnson-O’Malley funding (a) In general There is authorized to be appropriated to the Secretary of the Interior to carry out the Act of April 16, 1934 (48 Stat. 596, chapter 147; 25 U.S.C. 5342 et seq. Johnson-O’Malley Act (b) Adjustment The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be increased annually to reflect whichever of the following changes would result in a greater amount: (1) The change in the number of eligible students who are served or potentially served by a contracting party (as defined in subsection (a) of section 7 of the Act of April 16, 1934 (48 Stat. 596, chapter 147; 25 U.S.C. 5348 (2) An annual increase of 6 percent. 311. Native languages (a) Native American languages grant program Section 816(e) of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d(e) (1) by striking (e) There are authorized to be appropriated (e) Funding for Native American languages grant program (1) Funding for fiscal years 2020 through 2024 There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, ; and (2) by adding at the end the following: (2) Funding for fiscal years 2025 through 2037 (A) In general There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to carry out section 803C $20,000,000 for each of fiscal years 2025 through 2037. (B) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2026 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (b) Indian education national activities Subpart 3 of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7451 et seq. 6134. Funding (a) In general There is authorized to be appropriated to carry out this subpart, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $13,000,000 for each of fiscal years 2023 through 2031. (b) Reservation From the amount made available under subsection (a), $5,000,000 shall be reserved to carry out section 6133. . (c) Native American language resource center Section 603 of the Higher Education Act of 1965 ( 20 U.S.C. 1123 (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (2) by inserting after subsection (a) the following: (b) Native American language resource center authorized (1) In general The Secretary is authorized to, after engaging in consultation with Indian tribes and after collaborating with Native Hawaiian organizations, make a grant to, or enter into a contract with, an eligible entity for the purpose of— (A) establishing, strengthening, and operating a Native American language resource and training center as described in paragraph (2); and (B) staffing the center with individuals who have high-level fluency in American Indian, Alaska Native, and Native Hawaiian languages and are experienced with Native American language education in preschool, elementary school, secondary school, adult education, and higher education programs. (2) Purposes of center The Native American language resource center established under paragraph (1) shall serve as a resource to— (A) improve the capacity to teach and learn Native American languages and further Native American language acquisition; (B) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages; (C) allow the United States to fulfill its trust responsibility to Native American communities and address the effects of past discrimination against Native American language speakers; (D) support revitalization of Native American languages; (E) encourage and support the use of Native American languages as a medium of instruction, including use as a medium of education in schools operated by Indian tribes, States, the Federal Government, and Native American language educational organizations; (F) encourage and support the use and development of Native American languages as the medium of instruction for a wide variety of age levels and academic content areas; (G) support metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on well-demonstrated best practices in Native American language medium education; (H) identify barriers to Native American language education and learning within Federal laws and actions needed for alignment with the Native American Languages Act ( 25 U.S.C. 2901 et seq. (I) encourage and support elementary schools, secondary schools, and institutions of higher education to include Native American languages in the curriculum in the same manner as other world languages, including through cooperative agreements and distance education, and to grant proficiency in Native American languages the same full academic credit as proficiency in other world languages; (J) encourage and support the development of appropriate teacher preparation programming for the teaching of, and through, Native American languages, including appropriate alternative pathways to teacher certification; (K) provide a resource base to provide information to Federal, Tribal, State, and local governments and Native American educational organizations to allow the spread of best practices in the use, practice, and development of Native American languages in Native American communities, including use in educational institutions; (L) provide a resource base for the use of technology in intensive community-, land-, and archive-based programs, as well as hybrid and collaborative programs in supporting the retention, use, development, and teaching of Native American languages by government and private entities; (M) support the acquisition of distance learning technologies and training for parents, students, teachers, and learning support staff, including the compilation and curation of digital libraries and other online resources in target Native American languages, the development of distance learning curricula appropriate for preschool, elementary school, secondary school, adult education, and postsecondary education, the pedagogical training for teachers, and other efforts necessary to continue Native American language acquisition through distance learning; (N) provide a developmental base from which interested Tribal Colleges and Universities and other Native American entities might develop fully functioning Native American language medium education systems that include associated preschool, elementary school, secondary school, and adult education programs conducted through the medium of Native American languages; (O) provide a means to further collaboration among formal government, institutional, and community-based Native American language programs, resources, and research efforts with additional access to international best practices in indigenous language revitalization; (P) develop a support center system for Native American language participants to gather and share helpful information and experiences; and (Q) address any of the purposes of foreign language centers included under this section if, in doing so, the Native American language resource and training center— (i) does so as a subsidiary activity; (ii) focuses benefits on Native Americans living in Native American communities, or closely tied to such communities; and (iii) ensures that one of the outcomes being strengthened through this subparagraph is the use of one or more Native American languages in a Native American community. (3) Definitions In this subsection: (A) Eligible entity The term eligible entity (i) an institution of higher education; (ii) an entity within an institution of higher education with dedicated responsibility for Native American language and culture education; (iii) a consortium of such institutions; (iv) a consortium of such institutions and other entities with unique responsibilities for Native American languages; (v) an Indian tribe; (vi) a consortium of Indian tribes; or (vii) a Native Hawaiian organization. (B) Indian tribe The term Indian tribe Honoring Promises to Native Nations Act (C) Native American; Native American language The terms Native American Native American language 25 U.S.C. 2902 (D) Native Hawaiian organization The term Native Hawaiian organization Honoring Promises to Native Nations Act ; and (3) in the matter preceding paragraph (1) of subsection (c), as redesignated by paragraph (1), by striking subsection (a) this section 312. Culturally inclusive education (a) Definitions In this section: (1) Director The term Director (2) Eligible program participant The term eligible program participant (A) a high school teacher, a teacher of one of the middle grades, or a school leader of a high school or a school that includes one of the middle grades (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (B) an educational leader or expert who is not employed by a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (C) a prospective teacher enrolled in a program of postsecondary education coursework or preservice clinical education. (3) Secretary The term Secretary (b) Program authorized; appropriation (1) Funding There is authorized to be appropriated to carry out this section, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $15,000,000. (2) Donations, gifts, bequests, and devises of property In accordance with chapter 23 (3) Use of funds The Director, in coordination with the Secretary, using funds appropriated under paragraph (1) and resources received under paragraph (2), and including through the engagement of eligible program participants as appropriate— (A) shall develop and nationally disseminate accurate, relevant, and accessible resources to promote understanding about Native American history, the Native American experience, and the legal responsibility of the Federal Government to Indian tribes and Native Hawaiian people, which shall include digital resources and may include other types of resources, such as print resources and traveling exhibitions, with the goal of helping educators overcome barriers to accessing reliable, quality, and accurate resources that will improve awareness and understanding of those subjects; and (B) may carry out one or more of the following Native American education program activities: (i) Development, dissemination, and implementation of principles of sound pedagogy for teaching about Native American history. (ii) Provision of professional development for eligible program participants, such as through— (I) local, regional, and national workshops; (II) teacher trainings in conjunction with Native American history education centers and other appropriate partners; (III) engagement with— (aa) local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (bb) high schools and schools that include one of the middle grades (as so defined) that are independent of any local educational agency; and (IV) operation and expansion of a teacher fellowship program to cultivate and support leaders in Native American history education. (iii) Engagement with State and local education leaders to encourage the adoption of resources supported under this section into curricula across diverse disciplines. (iv) Evaluation and research to assess the effectiveness and impact of Native American history education programs, which may include completion of the report required under subsection (e). (4) Applications The Director, in coordination with the Secretary, may seek the engagement of an eligible program participant under paragraph (3) by requiring submission of an application to the Director at such time, in such manner, and based on such competitive criteria as the Director may require. (c) Online Native American education resources (1) Website The Secretary of the Interior shall maintain on the website of the Department of the Interior a special section designated for Native American history and Tribal governance resources to improve awareness and understanding of the Federal trust responsibility and treaty obligations, Tribal governance systems, Native American history in the United States, and cultural assimilation practices of the Indian boarding school experience, as a means to raise awareness about the importance of preventing genocide, hate, and bigotry against any group of people. The website and resources shall be made publicly available. (2) Information distribution The Director shall distribute information about the activities funded under this section through the website of the Department of the Interior, and shall respond to inquiries for supplementary information concerning such activities. (3) Best practices The information distributed by the Director shall include best practices for educators. (d) Engagement of eligible program participants (1) In general An eligible program participant shall be engaged at the discretion of the Director to participate in Native American history education program activities authorized under this section and approved by the Director pursuant to an application described in subsection (b)(4). (2) Engagement period Engagement of eligible program participants under this section shall be for a period determined by the Director. (3) Priority In engaging eligible program participants under subsection (b), the Director shall give priority to applications from such participants who work for or with a local educational agency, or a school that is independent of any local educational agency, that works with an Indian tribe within the territorial boundaries of the State in which the agency or school provides educational services, to develop the appropriate curriculum for the agency or school. (e) Annual report Not later than February 1 of each year, the Director shall submit to Congress a report describing the activities carried out under this section. 313. Alaska Native education programs Part C of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7541 et seq. 6307. Funding (a) In general Subject to subsection (b), there is authorized to be appropriated to carry out this part, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $44,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 314. Every Student Succeeds Act implementation (a) Student assessment systems Section 8204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7824 (d) Funding There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated— (1) $35,000,000 for fiscal year 2023 to develop assessments consistent with section 1111 for Bureau-funded schools; and (2) $20,000,000 for fiscal year 2024 and each succeeding fiscal year to carry out the assessments consistent with section 1111 for Bureau-funded schools. . (b) Indian education formula grants Subpart 1 of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7521 et seq. 6120. Funding (a) In general Subject to subsection (b), there is authorized to be appropriated to carry out this subpart, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $198,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 315. Funding for local Tribal educational agencies and Tribal education offices (a) Definition of Tribal educational agency In this section, the term Tribal educational agency 20 U.S.C. 7452(b) (b) Funding (1) In general Subject to paragraph (2), there are authorized to be appropriated to make grants to Tribal educational agencies, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, for fiscal year 2023 and each fiscal year thereafter— (A) to the Secretary of Education, $10,000,000; and (B) to the Secretary of the Interior, $10,000,000. (2) Adjustment for inflation The amounts made available under subparagraphs (A) and (B) of paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 316. Graduate opportunities at Tribal Colleges and Universities Part A of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1057 et seq. 320B. Strengthening professional and graduate opportunities at Tribal Colleges and Universities (a) Definitions In this section: (1) Eligible institution Notwithstanding section 312(b), the term eligible institution (A) is a Tribal College or University; and (B) offers a professional certificate or graduate degree program. (2) Tribal College or University The term Tribal College or University (b) Purposes The purposes of this section are to— (1) expand professional and graduate educational opportunities for, and improve the academic attainment of, American Indians and Alaska Natives in high-demand fields and fields in which American Indians and Alaska Natives are underrepresented; and (2) strengthen and enhance the quality of professional and graduate programs at Tribal Colleges and Universities. (c) Program authorized (1) In general The Secretary shall award grants, on a competitive basis, to eligible institutions to enable the eligible institutions to carry out the authorized activities described in subsection (e). (2) Duration A grant awarded under this section shall be for a period of not more than 5 years. (d) Application and award basis (1) Application An eligible institution desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall demonstrate how the grant funds will be used to strengthen graduate and professional opportunities for American Indian and Alaska Native students at Tribal Colleges and Universities. (2) Streamlined process The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section. (3) Priority Notwithstanding section 313(b), in awarding grants under this section, the Secretary shall give priority to institutions receiving funding under section 316 for fiscal year 2022. (e) Authorized activities Grants awarded under this section shall be used for 1 or more of the following activities: (1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes. (2) Construction, maintenance, renovation, and improvement of classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services. (3) Purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials. (4) Support for American Indian and Alaska Native students including outreach, academic support services, mentoring, scholarships, fellowships, and other financial assistance to permit the enrollment of such students in professional certificate programs and graduate degree programs. (5) Establishment or improvement of a development office to strengthen and increase contributions from professional and graduate alumni and the private sector. (6) Assistance in the establishment or maintenance of an institutional endowment to facilitate financial independence pursuant to section 331. (7) Professional and graduate program funds management and administrative management, and the acquisition of equipment, including software, for use in strengthening such funds management and management information systems. (8) Acquisition of real property that is adjacent to the campus in connection with the construction, renovation, or improvement of, or an addition to, a campus facility essential to a professional certificate program or graduate degree program. (9) Education or financial information designed to improve the financial literacy and economic literacy of professional and graduate students, especially with regard to student indebtedness and student assistance programs under title IV. (10) Tutoring, counseling, and student service programs designed to improve academic success. (11) Support of faculty exchanges, faculty development, faculty research, research publication and dissemination, curriculum development, academic instruction, and student research mentoring. (12) Creation and improvement of a facility for broadband or other distance education technology, including purchase or rental of telecommunications technology equipment or services. (13) Collaboration with other institutions of higher education to expand graduate degree programs and professional certificates. (14) Other activities proposed in the application submitted pursuant to subsection (d) that— (A) contribute to carrying out the purposes of this section; and (B) are approved by the Secretary in the review and acceptance of such application. (f) Special rules (1) Concurrent funding An eligible institution that receives a grant under this section may concurrently receive funds under section 316. (2) Limit on number of grants An eligible institution shall not receive more than 1 grant under this section in any fiscal year. (3) Exemption Section 313(d) shall not apply to an eligible institution that receives a grant under this section. . IV Housing 401. Findings Congress finds that— (1) there is a housing crisis in Indian country that has worsened over the 20-year period preceding the date of introduction of this Act; (2) the trust obligations of the Federal Government include providing housing opportunities for Native Americans; (3) funding for the block grant programs under titles I and VIII of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 et seq. 25 U.S.C. 4221 et seq. (A) has not matched inflation; and (B) fails to cover the growing construction costs and demand for housing in Indian country; (4) due in part to a lack of affordable housing, many Native Americans live in overcrowded conditions, resulting in— (A) the average household size for Native Americans exceeding that of the overall average household size in the United States; and (B) overcrowding rates in Tribal areas exceeding that of the overall overcrowding rate in other areas in the United States; (5) lack of access to water is a substantially larger problem in Indian country than in the United States as a whole; and (6) the historical displacement by the Federal Government of Native American communities to remote locations and the ongoing failure of the Federal Government to support the development of adequate infrastructure, including access to water, roads, and other basic utilities, continues to exacerbate housing inequities in Indian country. 402. Sense of Congress It is the sense of Congress that— (1) the Federal Government should provide steady, equitable, noncompetitive, and nondiscretionary funding directly to Indian tribes, Tribal governments, tribal organizations, and Native Hawaiian organizations to support the development of housing; (2) legislation to address the housing needs in Native American, Alaska Native, and Native Hawaiian communities (known as the American Housing and Economic Mobility Act of 2021 (3) the Secretary of Housing and Urban Development should continue to consult with Indian tribes, confer with tribal organizations, and collaborate with Native Hawaiian organizations to ensure that Indian tribes, tribal organizations, and Native Hawaiian organizations are maximizing their capacity and technical expertise to provide for increased housing and infrastructure in their communities. 403. Indian housing block grant program Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4117 108. Funding (a) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to provide grants under this title for fiscal year 2023 and each fiscal year thereafter. (b) Mandatory funding (1) In general On October 1, 2023, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to provide grants under this title $2,500,000,000, to remain available until expended. (2) Inflation adjustment The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (3) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to provide grants under this title the funds transferred under paragraph (1), without further appropriation. . 404. Native Hawaiian housing block grant program Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4243 (1) by striking are authorized is authorized (2) by striking such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005 $47,000,000 for fiscal year 2023 and each fiscal year thereafter 405. Set-aside of USDA rural housing funding for Indian tribes Section 509 of the Housing Act of 1949 ( 42 U.S.C. 1479 (g) Set-Aside for Indian Tribes (1) In general For each fiscal year, the Secretary shall set aside and reserve for assistance for Indian tribes (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 (2) Reallocation The procedure under paragraph (1) for reserving amounts shall provide that any assistance set aside in any fiscal year for Indian tribes that has not been expended by a reasonable date established by the Secretary shall be made available and allocated under the laws and regulations relating to such assistance, notwithstanding this subsection. . 406. Restoring authority of Indian tribes and tribally designated housing entities in certain housing programs (a) Voucher program Section 502 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4181 (c) Applicability Subsections (a) and (b) shall not apply with respect to tenant-based assistance provided under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) . (b) HUD counseling Section 106(a)(4)(A) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(a)(4)(A) and State housing finance agencies State housing finance agencies, and tribally designated housing entities (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 407. Indian community development block grants Title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. 123. Indian community development block grants (a) In general In addition to any amounts allocated to Indian tribes under section 106(a)(1), there is authorized to be appropriated to the Secretary for grants under this title for Indian tribes, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $150,000,000 for fiscal year 2023 and each fiscal year thereafter. (b) Inflationary adjustment The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 408. Loan guarantees for Indian housing (a) Housing and Community Development Act of 1992 Section 184(i)(7) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)(7)) is amended to read as follows: (7) Appropriations (A) In general To carry out this section, there is authorized to be appropriated to the Guarantee Fund, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $20,000,000 for fiscal year 2023 and each fiscal year thereafter. (B) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (b) Native American Housing Assistance and Self-Determination Act of 1996 Title VI of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4191 et seq. (1) by striking the first section 606 ( 25 U.S.C. 4191 (2) by adding at the end the following: 607. Authorization of appropriations There are authorized to be appropriated to the Secretary to provide loan guarantees under this title— (1) $10,000,000 for fiscal year 2023; and (2) for fiscal year 2024 and each fiscal year thereafter, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. . 409. Loan guarantees for Native Hawaiian housing Section 184A(j)(7) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b(j)(7)) is amended— (1) by striking such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005 $2,500,000 for fiscal year 2023 and each fiscal year thereafter (2) by striking There are (A) In general Subject to subparagraph (B), there is ; and (3) by adding at the end the following: (B) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 410. Direct housing loans for Native American veterans program (a) Funding reauthorization Section 3763 of title 38, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Funding (1) In general For fiscal year 2023 and each fiscal year thereafter, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $20,000,000 to the Secretary, for deposit in the Account. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . (b) Definition of Native Hawaiian veterans Section 3765(3)(B) of title 38, United States Code, is amended by striking native Hawaiian, as that term is defined in section 201(a)(7) of the Hawaiian Homes Commission Act, 1920 ( Public Law 67–34 Native Hawaiian, as that term is defined in section 6207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 411. Tribal HUD–VASH program Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) (E) Indian veterans housing rental assistance program (i) Definitions In this subparagraph: (I) Eligible indian veteran The term eligible Indian veteran (aa) homeless or at risk of homelessness; and (bb) living— (AA) on or near a reservation; or (BB) in or near any other Indian area. (II) Eligible recipient The term eligible recipient 25 U.S.C. 4111 (III) Indian; indian area The terms Indian Indian area 25 U.S.C. 4103 (IV) Indian veteran The term Indian veteran (V) Program The term Program (VI) Tribal organization The term tribal organization 25 U.S.C. 5304 (ii) Program specifications The Secretary shall carry out a rental assistance and supported housing program, to be known as the Tribal HUD–VASH program (iii) Model (I) In general Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs. (II) Exceptions (aa) Secretary of housing and urban development After consultation with Indian tribes and collaboration with eligible recipients and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (bb) Secretary of veterans affairs After consultation with Indian tribes and collaboration with eligible recipients and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (iv) Eligible recipients The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients. (v) Funding criteria The Secretary shall, after engaging in Tribal consultation, award grants under the Program based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (I) submit to the Secretary, in a manner prescribed by the Secretary after Tribal consultation, reports on the utilization of rental assistance provided under the Program; and (II) provide to the Secretary information specified by the Secretary after Tribal consultation, to assess the effectiveness of the Program in serving eligible Indian veterans. (vii) Consultation (I) Grant recipients; tribal organizations The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with Indian tribes that are eligible recipients and collaborate with any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program. (II) Indian health service The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program. (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans. (II) Exception The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. (ix) Renewal grants The Secretary may, after Tribal consultation— (I) set aside, from amounts made available to carry out the Program, such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and (II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program. (x) Reporting (I) In general Not later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall— (aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and (bb) submit a report describing the results of the review under item (aa) to— (AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans’ Affairs, and the Committee on Appropriations of the Senate; (BB) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans’ Affairs, and the Committee on Appropriations of the House of Representatives; and (CC) Indian tribes that request the report. (II) Analysis of housing stock limitation The Secretary shall include in the initial report submitted under subclause (I) a description of— (aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program; (bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and (cc) proposed alternative legislation or regulations developed by the Secretary in consultation or collaboration with recipients of grants under the Program to allow the use of formula current assisted stock within the Program. (xi) Appropriations (I) In general To carry out the Program, there is authorized to be appropriated to the Secretary, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $15,000,000 for fiscal year 2023 and each fiscal year thereafter. (II) Adjustment for inflation The amount made available under clause (i) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 412. Housing improvement program, Bureau of Indian Affairs (a) In general There is authorized to be appropriated to the Director of the Bureau of Indian Affairs to carry out the Housing Improvement Program of the Bureau of Indian Affairs authorized under the Act of November 2, 1921 ( 25 U.S.C. 13 Snyder Act (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (c) Tribal consultation The Bureau of Indian Affairs shall engage in Tribal consultation to ensure that the Housing Improvement Program’s funding formula does not disadvantage Indian tribes of certain sizes or from certain Bureau of Indian Affairs regions. 413. Tribal uninhabitable housing improvement program Title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. 545. Tribal uninhabitable housing improvement program (a) Definitions In this section: (1) Eligible entity The term eligible entity (2) Tribal organization The term tribal organization 25 U.S.C. 5304 (b) Purpose The purpose of this section is to improve living conditions and prevent homelessness in rural Tribal communities by— (1) assessing the condition of existing housing resources; and (2) preventing those resources from— (A) deteriorating; and (B) becoming uninhabitable. (c) Grants (1) In general The Secretary shall award grants to eligible entities— (A) to repair overcrowded homes to prevent the homes from becoming uninhabitable; (B) to remediate homes that are generally uninhabitable or fail to meet the housing quality standards established under section 8(o)(8)(B) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(8)(B) (C) to repair homes damaged due to climate change and extreme weather. (2) Priority In awarding grants under this subsection, the Secretary may give priority to an eligible entity that is located in a community with levels of overcrowded housing and homelessness that the Secretary determines are among the highest for communities in which eligible entities are located. (3) Use of multiple grants for same project Multiple eligible entities that each receive a grant under this subsection may use the grants for the same project. (d) Administrative costs The Secretary may use not more than 3 percent of the amounts made available to carry out this section— (1) to administer the competition for grants under this section; (2) to provide oversight of grantees; and (3) to collect data on the use of grants awarded under this section. (e) Funding (1) In general There is authorized to be appropriated to the Secretary to provide grants under this section, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $10,000,000 for fiscal year 2023 and each fiscal year thereafter. (2) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (f) Relationship to other assistance The receipt by an eligible entity of a grant under this section shall not affect the eligibility of the eligible entity for any other assistance provided by the Secretary. . 414. Coordinated Environmental Review Process Workgroup (a) Establishment There is established a workgroup, to be known as the Coordinated Environmental Review Process Workgroup Workgroup (1) the Department of Agriculture; (2) the Department of Commerce; (3) the Department of Energy; (4) the Department of Health and Human Services; (5) the Department of Housing and Urban Development; (6) the Department of the Interior; (7) the Department of Transportation; (8) the Council on Environmental Quality; and (9) the Environmental Protection Agency. (b) Chairperson The Secretary of Housing and Urban Development (or a designee) shall— (1) serve as chairperson of the Workgroup; and (2) be responsible for convening meetings and coordinating the activities of the Workgroup. (c) Duties The Workgroup shall— (1) assess whether each member agency of the Workgroup has adopted the recommendations made in the report entitled Coordinated Environmental Review Process Final Report (2) to the extent that any recommendation described in paragraph (1) has not been implemented, establish a plan for implementation of the recommendation; and (3) prepare and submit to Congress the reports required under subsection (d). (d) Reports (1) Initial Not later than 18 months after the date of enactment of this Act, the Secretary of Housing and Urban Development, in collaboration with the Workgroup, shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing— (A) the results of the assessment under subsection (c)(1); (B) any plan established under subsection (c)(2); and (C) its plan to engage in Tribal consultation regarding implementation. (2) Updates Not later than 1 year after the date of submission of the report under paragraph (1), and not less frequently annually thereafter, the Secretary of Housing and Urban Development, in collaboration with the Workgroup, shall submit to the Committees described in that paragraph an updated report in accordance with that paragraph. V Economic development 501. Findings Congress finds that— (1) the Federal Government has failed to honor its trust responsibility to promote Tribal self-determination through the support of economic development on Tribal lands; (2) the Federal Government has failed to assist Indian tribes with the individualized economic development necessary for Indian tribes— (A) to exercise self-determination; and (B) to make knowledgeable decisions as to how to best develop and manage the resources on Tribal lands for the benefit of the Indian tribe; (3) Native Americans experience— (A) a poverty rate that is approximately twice the national average; and (B) higher rates of unemployment than any other group of people in the United States; (4) due to the remote location of many Indian tribes, individuals may have long commutes, which are further exacerbated by inadequate roads and infrastructure due to chronic underfunding and lack of transportation; (5) Indian tribes have had limited access to, or, in many cases, no direct access to, electricity, water, broadband, and adequate infrastructure; (6) (A) only 65 percent of American Indians and Alaska Natives living on Tribal lands have access to fixed broadband services; (B) only 69 percent of American Indian, Alaska Native, and Native Hawaiian households residing on rural Tribal lands have telephone services; and (C) the lack of access described in subparagraphs (A) and (B) is in stark contrast with the national average of 98 percent of households that have access to telephone services, and 92 percent of individuals living outside of Tribal lands that have access to fixed broadband services; (7) approximately 1,500,000 people living on Tribal lands lack access to broadband; (8) 75 percent of rural Indian Health Service facilities still lack reliable broadband networks for American Indians and Alaska Natives to access telehealth or clinical health care services, which is a critical need in the most geographically isolated areas of the United States, furthering economic inequities on Tribal lands; (9) according to the Bureau of Indian Education, up to 95 percent of Native American students at some Bureau of Indian Education schools cannot access internet services at home; (10) lack of internet access negatively affects the ability to conduct business online, which took on increased importance since the beginning of the Coronavirus Disease 2019 (COVID–19) pandemic; and (11) very few Indian tribes have established telecommunications companies to provide residential phone and internet services. 502. Sense of Congress It is the sense of Congress that— (1) Congress should determine and provide the funding needed to meet the essential utilities and core infrastructure needs on Tribal lands, such as electricity, water, telecommunications, and roads; (2) Congress should— (A) provide direct, mandatory funding to Indian tribes and the Department of Hawaiian Home Lands; and (B) allow Indian tribes and the Department of Hawaiian Home Lands to leverage Federal funding; (3) in cases in which Federal infrastructure projects occur on or affect Tribal lands or Tribal or Native Hawaiian communities, the Federal Government should engage in, as applicable— (A) consistent, transparent, and deferential consultation with Indian tribes; and (B) consistent, transparent, and deferential collaboration with the Department of Hawaiian Home Lands and Native Hawaiian organizations; (4) the Federal Government should include Tribal sovereignty principles for Indian tribes to manage and self-govern natural resources, including electromagnetic spectrum over Tribal lands, in accordance with the Federal trust responsibility and acknowledgment of their sovereignty, to promote economic development and self-management of those modern natural resources; (5) the Federal Government should clarify the inherent ownership by Indian tribes and Native Hawaiian organizations of spectrum licenses and spectrum over Tribal lands and Hawaiians, and preserve that ownership, in furtherance of the Federal trust responsibility over, and Indian and Native Hawaiian self-governance of their own modern natural resources; (6) the Federal Government should— (A) diminish the effect of the Tribal priority filing windows, auctions for spectrum licenses over Tribal lands, and assignment and leasing of spectrum over Tribal lands carried out by the Federal Communications Commission; (B) ensure the competitive bidding authority of the Federal Communications Commission does not apply to licenses or construction permits issued by the Commission over Tribal lands and Hawaiian home lands; and (C) permanently eliminate the public availability of spectrum over Tribal lands and Hawaiian home lands; and (7) legislation to address the lack of spectrum access by Indian tribes over Tribal lands and to deploy wireless broadband services, in furtherance of Tribal sovereignty (known as the DIGITAL Reservations Act Deploying the Internet by Guaranteeing Indian Tribes Autonomy over Licensing on Reservations Act A Economic development, infrastructure, and investments 511. Tribal transportation program (a) In general There are authorized to be appropriated to carry out the tribal transportation program under section 202 of title 23, United States Code, and there are appropriated, out of any monies in the Treasury not otherwise appropriated— (1) for each of fiscal years 2023 through 2025, $1,000,000,000; and (2) for fiscal year 2026 and each fiscal year thereafter, $800,000,000. (b) Adjustment for inflation The amounts made available under subsection (a) for fiscal year 2027 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (c) Obligation limitation The limitation on obligations for Federal-aid highway and highway safety construction programs for each fiscal year shall not apply to the amounts made available under subsection (a). (d) Treatment Amounts made available under subsection (a) shall be available for obligation in accordance with section 201 of title 23, United States Code. 512. Tribal high priority projects program Section 1123(h) of MAP–21 ( 23 U.S.C. 202 Public Law 112–141 (2) Appropriation There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to carry out the program $50,000,000 for fiscal year 2023 and each fiscal year thereafter. . 513. Bureau of Indian Affairs road maintenance program (a) In general There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, to the Director of the Bureau of Indian Affairs to carry out the road maintenance program of the Bureau— (1) for each of fiscal years 2023 through 2027, $100,000,000; and (2) for fiscal year 2028 and each fiscal year thereafter, $50,000,000. (b) Adjustment for inflation The amounts made available under subsection (a) for fiscal year 2029 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 514. Tribal transit program Section 5311 of title 49, United States Code, is amended— (1) in subsection (c), by striking paragraph (2) and inserting the following: (2) Public transportation on Indian reservations (A) Appropriation For fiscal year 2023 and each fiscal year thereafter, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $75,000,000 for grants to Indian tribes for any purpose eligible under this section, under such terms and conditions as may be established by the Secretary. (B) Apportionment Amounts made available under subparagraph (A) shall be apportioned as formula grants, as provided in subsection (j). (C) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. ; and (2) in subsection (j)(1)(A), in the matter preceding clause (i), by striking described in subsection (c)(2)(B) made available under subsection (c)(2)(A) 515. Tribal transportation technical assistance program (a) In general For fiscal year 2023 and each fiscal year thereafter, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $7,500,000 to carry out the tribal transportation technical assistance program under section 504(b)(2)(D)(ii) of title 23, United States Code. (b) Adjustment for inflation The amount made available under subsection (a) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (c) Obligation limitation The limitation on obligations for Federal-aid highway and highway safety construction programs for each fiscal year shall not apply to the amounts made available under subsection (a). (d) Treatment Amounts made available under subsection (a) shall be available for obligation in the same manner as if those funds were apportioned under chapter 1 (e) Tribal consultation In carrying out the tribal transportation technical assistance program under section 504(b)(2)(D)(ii) of title 23, United States Code, the Secretary of Transportation shall engage in Tribal consultation. 516. Rural development tribal technical assistance program (a) In general Subject to subsection (b), for each of fiscal years 2023 through 2032, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $2,000,000 to the Secretary of Agriculture to provide technical assistance under section 6302 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 2671 (b) Adjustment for inflation The amount made available under subsection (a) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 517. Native American community development financial institutions assistance program (a) Non-Federal share Section 108(e) of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4707(e) (1) in paragraph (1)— (A) in the third sentence, by striking The Fund shall provide no assistance (iii) Prohibition Subject to subparagraph (B), no assistance may be provided by the Fund ; (B) in the second sentence, by striking Such matching funds (ii) Form The matching funds required under clause (i) ; (C) by striking the paragraph designation and heading and all that follows through Assistance (1) Matching requirement (A) Requirement (i) In general Subject to subparagraph (B) and paragraph (2), assistance ; and (D) by adding at the end the following: (B) Waiver for certain individuals and entities The requirements of subparagraph (A) shall not apply to any individual or entity using the assistance provided under this section only for the benefit of Indians, Alaska Natives, Native Hawaiians, or an Indian tribe. ; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking paragraph (1) paragraph (1)(A) (b) Funding Section 121 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4718 (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Funding for Indians (1) In general There are authorized to be appropriated, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, to the Fund for the purpose of providing financial assistance, technical assistance, training, and outreach programs to benefit Indian tribes, primarily through Native Community Development Financial Institutions with experience and expertise in community development banking and lending in Indian country, and that are committed to working with Indian organizations, Indian tribes, tribal organizations, and other appropriate individuals and entities— (A) for fiscal year 2023, $55,000,000; (B) for fiscal year 2024, $65,000,000; (C) for fiscal year 2025, $70,000,000; (D) for fiscal year 2026, $75,000,000; and (E) for fiscal year 2027 and each fiscal year thereafter, $80,000,000, subject to paragraph (2). (2) Adjustment for inflation The amounts made available under paragraph (1)(E) for fiscal year 2028 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . 518. Tribal revolving funds (a) Federal Water Pollution Control Act Section 518 of the Federal Water Pollution Control Act ( 33 U.S.C. 1377 (1) in subsection (c)(2), by striking 0.5 percent and not more than 2.0 percent 5 percent (2) in subsection (f), in the second sentence, by striking subsection (d) of this section subsection (e) (b) Safe Drinking Water Act Section 1452(i)(1) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(i)(1) (1) in the second sentence, by striking Except as (B) Use of grants Except as ; and (2) by striking the paragraph designation and heading and all that follows through may be used by the Administrator (1) Grants (A) In general Notwithstanding any other provision of law, not less than 5 percent of the amounts made available for each fiscal year to carry out this section shall be used by the Administrator . 519. Tribal water pollution control Section 106 of the Federal Water Pollution Control Act ( 33 U.S.C. 1256 (b) Allotment Of the amounts made available to carry out this section for each fiscal year, the Administrator shall— (1) subject to paragraph (2), make allotments to States and interstate agencies in accordance with such regulations as the Administrator may promulgate, based on the extent of the pollution problem in each State; and (2) notwithstanding any other provision of law, allot to Indian tribes not less than 20 percent. (c) Amount The Administrator may pay to each State, Indian tribe, and interstate agency for each fiscal year an amount equal to the lesser of— (1) the allotment of the State, Indian tribe, or interstate agency for the fiscal year under subsection (b); and (2) the reasonable costs, as determined by the Administrator, of developing and carrying out a pollution program by the State, Indian tribe, or interstate agency during the fiscal year. . 520. Rural utilities service water and waste disposal program Section 306C(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926c(e) (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking Subject to paragraph (2), there There (B) in subparagraph (A), by adding and (C) in subparagraph (B), by striking ; and (D) by striking subparagraph (C); and (2) in paragraph (2)— (A) by striking paragraph (1)(C) this paragraph (B) by striking the paragraph designation and heading and all that follows through An entity (2) Indians and indian tribes (A) Funding (i) In general Subject to subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated $100,000,000 to the Secretary to provide grants and loans under this section to benefit Indians and Indian tribes (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (ii) Adjustment for inflation The amount made available under clause (i) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (B) Exception An entity . 521. Funding for Claims Resolution Act of 2010 Section 101(e)(1) of the Claims Resolution Act of 2010 ( Public Law 111–291 (1) in subparagraph (B), by striking Settlement Settlement, and during the 10-year period beginning on the date of enactment of the Honoring Promises to Native Nations Act (2) in subparagraph (C), by adding at the end the following: (iii) Additional appropriation In addition to amounts deposited in the Trust Land Consolidation Fund under clause (i) and subparagraph (D), not later than 1 year after the date of enactment of the Honoring Promises to Native Nations Act . B Spectrum sovereignty and broadband deployment on Tribal lands 531. Tribal Broadband Fund (a) Establishment The Commission shall establish, as a permanent Federal universal service support mechanism under section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 Tribal Broadband Fund (b) Annual amount of support (1) Initial amount The amount of Federal universal service support provided through the Tribal Broadband Fund shall be $1,000,000,000 for fiscal year 2023. (2) Proportional adjustment For fiscal year 2024 and each fiscal year thereafter, the amount specified in paragraph (1) shall be adjusted so that the amount of Federal universal service support provided through the Tribal Broadband Fund for such subsequent fiscal year bears the same proportion to the amount of Federal universal service support provided through all Federal universal service support mechanisms other than the Tribal Broadband Fund for such subsequent fiscal year as the proportion that $1,000,000,000 bears to the amount of Federal universal service support provided through all Federal universal service support mechanisms other than the Tribal Broadband Fund for fiscal year 2023. (c) Provision of support The Commission shall use the Tribal Broadband Fund to provide Federal universal service support to Indian tribes, Department of Hawaiian Home Lands, and qualifying Tribal entities to provide— (1) technical assistance, deployment of broadband infrastructure, maintenance, planning, training, and digital literacy programs to increase broadband services and network buildout on Tribal lands, in addition to further economic development initiatives for all spectrum on Tribal lands, including radio, television, broadcast, commercial, and noncommercial uses, and current generation or better broadband services; (2) infrastructure for middle mile and long-haul fiber buildout, adoption of digital literacy, and other related resources to expedite the immediate deployment of, and full access to, telecommunications, broadband, spectrum use and future development, and wireless services (including broadband service); and (3) other smart infrastructure development and integration on Tribal lands, and other related activities to ensure Tribal lands have full access to high-speed broadband services, telecommunications services, and other sovereignty of communications infrastructure covering Tribal lands. (d) Prioritization In allocating funds from the Tribal Broadband Fund, the Commission— (1) shall prioritize locations where telecommunications or broadband services have left residents underserved; and (2) may use funds in locations described in paragraph (1) for last mile fiber, middle mile fiber, backhaul transit, interconnection, and other costs and repairs to damaged infrastructure. (e) Technical assistance The Commission shall provide requested technical assistance, training programs, and grants to assist Indian tribes, qualifying Tribal entities, the Department of Hawaiian Home Lands, inter-Tribal government organizations, and Tribal Colleges and Universities for the purpose of immediate deployment of telecommunications or broadband services or infrastructure development over Tribal lands. (f) Final order Not later than 18 months after the date of enactment of this Act, the Commission shall release a final order adopting rules and policies associated with the establishment, implementation, and administration of the Tribal Broadband Fund. (g) Rule of construction Nothing in this section shall be construed to limit or prevent an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity from accessing existing or additional funding through the Commission or any other Federal agency. 532. Office of Native Affairs and Policy, Federal Communications Commission (a) Technical assistance (1) In general The Commission, acting through the Office of Native Affairs and Policy and at the request of an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity, shall provide technical assistance to apply for and participate in— (A) the Tribal Broadband Fund; (B) other Federal universal service support mechanisms; (C) other Federal funding opportunities for broadband or infrastructure development; and (D) the Tribal Spectrum Market established under section 534. (2) Priority A request for technical assistance made under this subsection from an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity shall receive priority where telecommunications or broadband services on Tribal lands— (A) have not been deployed; or (B) have been inadequately deployed to provide broadband services over those Tribal lands, resulting in unserved and underserved Tribal residents. (3) Additional assistance The assistance under this subsection includes assistance for associated backhaul, repairs to damaged infrastructure, or new infrastructure to deploy broadband service. (b) Additional technical assistance In addition to the technical assistance provided under subsection (a), the Commission shall provide technical assistance that includes training programs and grant assistance to Indian tribes, qualifying Tribal entities, the Department of Hawaiian Home Lands, inter-Tribal government organizations, Tribal Colleges and Universities, and colleges and universities with Tribal-serving institutions with expertise on Tribal broadband policy for the purpose of immediate deployment of telecommunications or broadband services and infrastructure over Tribal lands. (c) Engagement with the Department of the Interior, Department of Commerce, and Commission The Secretary of the Interior, the Secretary of Commerce, and the Commission shall provide technical assistance to Indian tribes, the Department of Hawaiian Home Lands, and qualifying Tribal entities (and, if located on Tribal lands, to schools, libraries, health care facilities, public safety entities, Tribal chapter houses, community centers, government buildings of an Indian tribe, and locations where Tribal, State, and Federal elections and census activities are carried out) to resolve barriers to the deployment and adoption of broadband service and other services provided using spectrum, including the following: (1) Classes or other education related to computer literacy. (2) Acquisition of computers and related hardware and software. (3) Use of broadband service and computers for public safety and emergency communications services and interoperability. (4) Use of spectrum and wireless broadband service and computers where Tribal, State, and Federal elections and census activities are carried out. (5) Use of spectrum and broadband service and computers to respond to public emergencies, including health and biohazard threats and natural disasters. (6) Such other areas as the Commission, or a relevant Federal agency that has a role conducting activities on Tribal lands, determines to be advisable to increase the deployment and adoption of broadband service and other services provided using spectrum on Tribal lands, or where an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity holds a valid and active spectrum license or right-of-way access. (d) Rule of construction Nothing in this section may be construed to limit or supersede— (1) the responsibilities of the Commission or another Federal agency; or (2) the engagement with Indian tribes, the Department of Hawaiian Home Lands or Native Hawaiian communities, and qualifying Tribal entities by the Commission or any other Federal agency. (e) Appropriations amendment Section 6 of the Communications Act of 1934 ( 47 U.S.C. 156 (1) in the section heading, by inserting ; appropriations authorization of appropriations (2) by adding at the end the following: (c) Office of Native Affairs and Policy (1) In general For necessary expenses of the Office of Native Affairs and Policy of the Commission, there is authorized to be appropriated to the Commission, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $950,000 for each of fiscal years 2023 through 2031. (2) ONAP Federal Funding Director (A) Establishment The Commission shall use 20 percent of the funding appropriated pursuant to paragraph (1) to establish within the Office of Native Affairs and Policy of the Commission a position of Federal Funding Director. (B) Duties The Federal Funding Director shall have the following duties: (i) Coordinate with Indian tribes, the Department of Hawaiian Home Lands, and interested qualifying Tribal entities to access the funding opportunities of the Commission or other funding opportunities that may be available through another Federal agency, and assist with the application processes for the Tribal Broadband Fund and other universal service contributions or accounts, auctions proceeds, or any other accounts or reserve funds available to the Commission, for the purpose of providing a source of support for infrastructure deployment, middle mile (ii) Coordinate with other Federal agencies that provide telecommunications and infrastructure funding to Indian tribes, the Department of Hawaiian Home Lands, or interested qualifying Tribal entities to assist with expedited broadband service and other telecommunications deployment over Tribal lands. (3) Adjustment for inflation The amount made available under paragraph (1) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (4) Definitions In this subsection, the terms defined in section 539 of the Honoring Promises to Native Nations Act . 533. Immediate deployment of broadband service on Tribal lands (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) an Indian tribe; (B) a qualifying Tribal entity; and (C) the Department of Hawaiian Home Lands. (2) Secretary The term Secretary (b) Grants (1) Community facilities grant program (A) In general The Secretary shall use amounts appropriated under subsection (c)(1)(A) to provide grants under the community facilities grant program under section 306(a)(19) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(19) (B) Eligible costs An eligible entity that receives a grant under subparagraph (A) may use the grant amount for costs for the immediate deployment of broadband service on Tribal lands, including— (i) backhaul costs; and (ii) costs of repairs to damaged infrastructure, if the cost of the repairs would be less than the cost of new infrastructure. (C) Prioritization In making grants under subparagraph (A), the Secretary shall give priority to the deployment of telecommunications or broadband services on Tribal lands on which the services have not been deployed or have been inadequately deployed, including— (i) middle mile fiber; (ii) backhaul transit, interconnection, and other costs; and (iii) repairs to damaged infrastructure, the cost of the repairs to which would be less than the cost of new infrastructure. (D) Federal share Notwithstanding section 306(a)(19)(B) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(19)(B) (2) Essential community facilities technical assistance and training (A) In general The Secretary shall use amounts appropriated under subsection (c)(1)(B) to provide grants to eligible recipients described in subparagraph (C) under the community facilities technical assistance and training grant program under section 306(a)(26) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(26) (i) preparing applications for grants under paragraph (1)(A); and (ii) receiving technical assistance and training from an entity to which a community facilities technical assistance and training grant has been made under that section. (B) Applicability Subparagraph (A) shall be carried out without regard to— (i) subparagraphs (B) and (C) of section 306(a)(26) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(26) (ii) any requirements described in subparagraph (A) of that section relating to eligibility to receive— (I) a grant under that section; or (II) technical assistance and training from an entity receiving a grant under that section. (C) Eligible recipients An entity shall be eligible to receive a grant under subparagraph (A) if the entity is— (i) eligible for a grant under the community facilities technical assistance and training grant program under section 306(a)(26) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(26) (ii) an inter-Tribal government organization, a Tribal College or University, or a university or college with a Tribal-serving institution with expertise in Tribal broadband policy. (c) Funding (1) In general There are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, to the Secretary for each of fiscal years 2023 through 2031— (A) $300,000,000 to provide grants under subsection (b)(1); and (B) $5,000,000 to provide grants under subsection (b)(2). (2) Adjustment for inflation The amount made available under each of subparagraphs (A) and (B) of paragraph (1) for each of fiscal years 2024 through 2031 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (3) Availability The amounts made available under paragraph (1) shall remain available until expended. 534. FCC Tribal spectrum market (a) Establishment (1) In general The Commission shall conduct a rulemaking proceeding to establish a new Tribal Spectrum Market. (2) Purpose The Tribal Spectrum Market shall be an optional forum solely for the participation of Indian tribes, qualifying Tribal entities, and the Department of Hawaiian Home Lands to engage with other Indian tribes, other qualifying Tribal entities, and the Department of Hawaiian Home Lands (as applicable) for leasing and assignment opportunities for the purpose of economic and business development on Tribal lands for participants that choose to participate. (3) No effect on participation in other forums or markets Participation in the Tribal Spectrum Market shall not prevent an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity from participating in any other auction forum or secondary spectrum market. (b) Availability of spectrum In furtherance of the Federal trust responsibility and Tribal self-governance, and to develop robust economic resources on Tribal lands, the Commission shall— (1) make all unused and newly allocated spectrum over Tribal lands available to other Indian tribes, the Department of Hawaiian Home Lands, and qualifying Tribal entities through the Tribal Spectrum Market; and (2) notify other Indian tribes, the Department of Hawaiian Home Lands, and other qualifying Tribal entities of the availability of unused and newly allocated spectrum under paragraph (1). (c) Consent requirement Participants shall provide written consent to the Commission to make their unused spectrum over Tribal lands available to other Indian tribes, the Department of Hawaiian Home Lands, or other qualifying Tribal entities, as applicable, through the Tribal Spectrum Market. 535. E-rate Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 (1) in subsection (h)(4), by inserting , except as provided in subsection (m), is a library or library consortium (2) by adding at the end the following: (m) E-Rate support for Indian Tribes (1) Definitions In this subsection— (A) the term E-rate program (B) the term E-rate support (C) the term Indian tribe Honoring Promises to Native Nations Act (D) the term qualifying anchor institution (2) Eligibility of Tribal libraries and qualifying anchor institutions for e-rate support (A) Designation of Tribal libraries as libraries eligible for e-rate support (i) In general An Indian tribe that is eligible for support under section 261 of the Library Services and Technology Act ( 20 U.S.C. 9161 20 U.S.C. 9121 et seq. (ii) Rule of construction Nothing in clause (i) shall be construed to exempt a Tribal library from any requirement under the E-rate program not described in that clause, including the other requirements relating to eligible recipients under section 54.501 of title 47, Code of Federal Regulations (or any successor regulation). (B) Tribal anchor institution program (i) In general The Commission, in consultation with the Institute of Museum and Library Services and any other agency with relevant responsibilities, shall establish a program to be known as the Tribal Anchor Institution Program (ii) Eligibility (I) In general To be eligible to obtain E-rate support under this subparagraph, a Tribal Government may not have a Tribal library eligible for the E-rate program within the Tribal community. (II) Requirements E-rate support obtained under this subparagraph shall only be available for an Indian tribe if— (aa) the proposed qualifying anchor institution is exclusively owned by the Indian tribe; and (bb) the proposed qualifying anchor institution intends to deliver publicly available internet access to students, teachers, librarians, and members of the community for educational purposes. (III) Rule of construction Nothing in this clause shall be construed to provide the Commission with the authority to modify the eligibility requirements described in this clause. (3) Set-aside for Indian Tribes Of the amount made available for the E-rate program in any fiscal year beginning after the date of enactment of this subsection, 5 percent shall be used for E-rate support for Tribal elementary and secondary schools (as defined in subsection (h)(7)), Tribal libraries and Tribal library consortia, and qualifying anchor institutions. . 536. ReConnect Program (a) Tribal set-Aside Section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 : Provided further (b) Tribal Connectivity Fund (1) Establishment There is established in the Treasury of the United States a fund, to be known as the Tribal Connectivity Fund (2) Appropriation (A) In general There is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, to the Tribal Connectivity Fund $100,000,000 for each of fiscal years 2023 through 2031, to remain available until expended. (B) Adjustment for inflation The amount made available under subparagraph (A) for each of fiscal years 2024 through 2031 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (3) Use of funds (A) In general Amounts in the Tribal Connectivity Fund shall be available to the Secretary of Agriculture to provide funding for laptops, Wi-Fi hotspots, and other connectivity devices for students attending schools funded by the Bureau of Indian Education, tribally operated schools, or Tribal colleges. (B) Definitions In this paragraph: (i) Wi-fi The term Wi-Fi (ii) Wi-fi hotspot The term Wi-Fi hotspot (I) receiving mobile advanced telecommunications and information services (based upon Wi-Fi and other wireless standards); and (II) sharing the services with another device. (c) Funding for Bureau of Indian Education information technology infrastructure (1) Appropriation (A) In general Subject to subparagraph (B), there is authorized to be appropriated, out of any monies in the Treasury not otherwise appropriated, and there is appropriated $50,000,000 for each of fiscal years 2023 through 2031, which shall be deposited in the Bureau of Indian Education, Operation of Indian Education Programs, Education Management, Education IT account, to remain available until expended. (B) Adjustment for inflation The amount made available under subparagraph (A) for fiscal year 2024 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. (2) Use of funds The amounts made available under paragraph (1) shall be available to the Secretary of the Interior to provide funding for information technology infrastructure of the Bureau of Indian Education. 537. USDA Office of Tribal Relations (a) Appropriation Subject to subsection (b), there is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to the Secretary of Agriculture $2,500,000 for each of fiscal years 2023 through 2031— (1) for the provision to Indian tribes, qualifying Tribal entities, and the Department of Hawaiian Home Lands of services, technical assistance, and expansion of programs for the deployment and build-out of wireless broadband services on Tribal lands; and (2) to ensure that services, technical assistance, and programs described in paragraph (1) and related policies are efficient, easy to understand, accessible, and developed in consultation with affected Indian tribes and the Department of Hawaiian Home Lands. (b) Adjustment for inflation The amount made available under subsection (a) for each of fiscal years 2024 through 2031 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. 538. Annual reporting requirements (a) Annual report (1) In general Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Commission shall make publicly available and submit to the entities described in subsection (b)— (A) a report on the deployment of broadband on Tribal lands; (B) a household-level mapping of actual broadband speeds adopted by Tribal residents; and (C) an inventory of Tribal spectrum licenses. (2) Contents (A) Collaboration with Tribes and Tribal entities The report under paragraph (1) shall include the following information: (i) (I) The work of the Commission with Indian tribes, the Department of Hawaiian Homelands, qualifying Tribal entities, and associated tribal organizations on spectrum-related matters. (II) The efforts of the Commission to bolster Tribal outreach through individual consultation, funding access, expansion of access to broadband or other full use of spectrum over Tribal lands, activities executed through the Office of Native Affairs and Policy, rulemakings that have been executed related to such matters under this Act. (III) General updates. (B) Applicants and license holders (i) In general The report under paragraph (1) shall include data collected by the Commission on whether applicants for licenses, and holders of licenses, for spectrum over Tribal lands are— (I) Indian tribes; (II) the Department of Hawaiian Homelands; (III) qualifying Tribal entities; or (IV) third-party licensees. (ii) Recording requirement The Commission shall require an Indian tribe, the Department of Hawaiian Home Lands, or a qualifying Tribal entity to record the ownership classification of all licenses or other agreements for the use of spectrum over Tribal lands that take effect on or after the date of enactment of this Act. (C) Notification of relevant Indian Tribe or qualifying Tribal entity, or the Department of Hawaiian Home Lands The Commission shall include in the report submitted under paragraph (1) a verification that the Commission has provided information about assigned and unassigned licenses and license holders to the Indian tribe, the Department of Hawaiian Home Lands, or the qualifying Tribal entity where the licenses are geographically located, including a detailed description of the licenses, the license holders, and the entity to which the information was provided. (D) Accessible contact information The Commission shall include in the report submitted under paragraph (1) a verification that the Commission has made contact information easily accessible for Indian tribes, the Department of Hawaiian Home Lands, and qualifying Tribal entities to learn about participation in any opportunities to obtain licenses for spectrum over Tribal lands or secondary market opportunities, including the respective processes. (E) Unserved locations The Commission shall include in the report submitted under paragraph (1) geographic locations on Tribal lands where wireline broadband or wireless telecommunications services have not been built out or deployed. (F) Federal funding availability The Commission shall include in the report submitted under paragraph (1) a description of available Federal funding across all agencies for which Indian tribes, the Department of Hawaiian Home Lands, and qualifying Tribal entities are eligible to apply to further support deployment of broadband and telecommunications services on Tribal lands. (b) Submission of recommendations The entities described in this subsection are— (1) Indian tribes, the Department of Hawaiian Home Lands, and Native Hawaiian organizations; (2) the Department of the Interior; (3) the Committee on Indian Affairs of the Senate; (4) the Committee on Natural Resources of the House of Representatives; (5) the Committee on Commerce, Science, and Transportation of the Senate; (6) the Committee on Energy and Commerce of the House of Representatives; (7) the Native Nations Communications Task Force of the Commission; (8) Tribal organizations with telecommunications expertise; and (9) requesting qualifying Tribal entities. 539. Definitions In this subtitle: (1) Broadband service The term broadband service (A) with— (i) except as provided in clause (ii)— (I) a download speed of not less than 100 megabits per second; and (II) an upload speed of not less than 20 megabits per second; or (ii) minimum download and upload speeds established by the Commission after the date of enactment of this Act, if those minimum speeds are higher than the minimum speeds required under clause (i); (B) without any data caps or other service limitations; (C) through— (i) mobile service; (ii) fixed point-to-point multipoint service; (iii) fixed point-to-point service; (iv) broadcast service; or (v) wireline service; and (D) meet the latency requirement set by the Commission to enable real-time video and other streaming services. (2) Commission The term Commission (3) Digital literacy The term digital literacy (4) Entity that is more than 50 percent owned and controlled by 1 or more Indian Tribes (A) In general The term entity that is more than 50 percent owned and controlled by 1 or more Indian tribes (B) De jure control For purposes of subparagraph (A), de jure control of an entity shall be evidenced by ownership of greater than 50 percent of the voting stock of a corporation, or in the case of a partnership, general partnership interests. (C) De facto control (i) In general For purposes of subparagraph (A), de facto control of an entity shall be determined on a case-by-case basis. (ii) Indicia of control For purposes of clause (i), an Indian tribe or Indian tribes shall demonstrate indicia of control to establish that the Indian tribe or Indian tribes retain de facto control of the entity, including the following: (I) The Indian tribe or Indian tribes constitute or appoint more than 50 percent of the board of directors or management committee of the entity. (II) The Indian tribe or Indian tribes have authority to appoint, promote, demote, and fire senior executives who control the day-to-day activities of the entity. (III) The Indian tribe or Indian tribes play an integral role in the management decisions of the entity. (IV) The Indian tribe or Indian tribes have the authority to make decisions or otherwise engage in practices or activities that determine or significantly influence— (aa) the nature or types of services offered by the entity; (bb) the terms upon which such services are offered; or (cc) the prices charged for such services. (5) Qualifying Tribal entity (A) In general The term qualifying Tribal entity (B) Eligible entities The following entities may be designated as a qualifying Tribal entity: (i) An Indian tribe. (ii) A Tribal consortia that consists of— (I) not less than 2 Indian tribes; or (II) not less than 1 Indian tribe and 1 entity that is more than 50 percent owned and controlled by 1 or more Indian tribes. (iii) A federally chartered Tribal corporation established under— (I) section 17 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act 25 U.S.C. 5124 (II) section 4 of the Act of June 26, 1936 (commonly known as the Oklahoma Welfare Act 25 U.S.C. 5204 (iv) An entity that is more than 50 percent owned and controlled by 1 or more Indian tribes. (6) Spectrum over Tribal lands The term spectrum over Tribal lands (7) Tribal Broadband Fund The term Tribal Broadband Fund | Honoring Promises to Native Nations Act |
Close the Shadow Banking Loophole Act This bill (1) provides for the federal regulation and supervision of industrial banks, also known as industrial loan companies (ILCs), and their parent companies; and (2) sets forth a deadline for the consideration of pending ILC Federal Deposit Insurance Corporation (FDIC) deposit insurance applications. ILCs are state chartered institutions owned by nonfinancial businesses (parent companies) that provide several services similar to banks, such as originating loans and processing payments. The parent companies are not subject to supervision by the Federal Reserve Board. Under current law, the Federal Deposit Insurance Corporation (FDIC) may grant deposit insurance to these institutions. | 117 S5189 IS: Close the Shadow Banking Loophole Act U.S. Senate 2022-12-06 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. 5189 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. Brown Mr. Casey Mr. Van Hollen Committee on Banking, Housing, and Urban Affairs A BILL To address applications for deposit insurance submitted by industrial banks to the Federal Deposit Insurance Corporation, and for other purposes. 1. Short title This Act may be cited as the Close the Shadow Banking Loophole Act 2. Industrial banks (a) Definitions In this section: (1) Appropriate Federal banking agency The term appropriate Federal banking agency 12 U.S.C. 1813(q) (2) Corporation The term Corporation (3) Industrial bank The term industrial bank 12 U.S.C. 1841(c)(2)(H) (b) Exception from definition of bank Section 2(c)(2)(H) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841(c)(2)(H) similar institution which has been approved to receive deposit insurance from the Federal Deposit Insurance Corporation on or before September 23, 2021 (or, with respect to such an entity to which section 2(c) of the Close the Shadow Banking Loophole Act (c) Treatment of deposit insurance applications pending on September 23, 2021 (1) In general With respect to an industrial bank that, on the date of enactment of this Act, has an application to receive deposit insurance pending before the Corporation that was submitted on or before September 23, 2021, the Corporation— (A) shall provide for a 90-day public comment period and a public hearing with respect to that application; and (B) may only approve that application by a 2/3 (2) Deadline for approving application If the Corporation does not approve an application described in paragraph (1) before September 23, 2023, that application shall be deemed to have been denied. (3) Rule of construction Except to the extent explicitly provided in this subsection, this subsection may not be construed to affect the authority of the Corporation to consider deposit insurance applications under sections 5 and 6 of the Federal Deposit Insurance Act ( 12 U.S.C. 1815 (d) Authority with respect to deposit insurance applications granted after September 23, 2021 (1) Definitions In this subsection: (A) Bank; depository institution The terms bank depository institution 12 U.S.C. 1841 (B) Covered industrial loan company The term covered industrial loan company (C) Parent company The term parent company (D) Primary financial regulatory agency With respect to a parent company, the term primary financial regulatory agency (i) has the meaning given the term in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 (ii) with respect to a parent company for which clause (i) does not apply, means the Corporation. (2) Authority The primary financial regulatory agency with respect to a parent company may take any of the following actions with respect to the parent company: (A) Conduct such examinations of, and obtain reports from, the parent company or any subsidiary of the parent company (other than a bank) as the agency determines necessary or appropriate to assess each of the following: (i) The financial condition of the parent company or subsidiary. (ii) The systems of the parent company or subsidiary for maintaining and controlling financial and operating risks. (iii) The transactions of the parent company or subsidiary with depository institution subsidiaries of the parent company. (B) Impose any conditions or restrictions on the parent company or any subsidiary of the parent company (other than a bank), including restricting or prohibiting transactions between the parent company or subsidiary and any depository institution subsidiary of the parent company, if those conditions or restrictions would promote the safety and soundness of the parent company or any of its depository institution subsidiaries. (e) Change of control (1) In general Except as provided in paragraph (2), the appropriate Federal banking agency shall disapprove a change in control, as provided in section 7(j) of the Federal Deposit Insurance Act ( 12 U.S.C. 1817(j) (2) Exceptions Paragraph (1) shall not apply to a change in control of an industrial bank— (A) that— (i) is in danger of default, as determined by the appropriate Federal banking agency, provided that the entity acquiring control of the industrial bank is an entity described in clause (iii); (ii) results from the acquisition of voting shares of an issuer that controls the industrial bank and the securities of which are listed on a national securities exchange, if, after the acquisition, the acquiring shareholder (or group of shareholders acting in concert) holds less than 25 percent of any class of the voting shares of, and does not otherwise exercise control over, that issuer; or (iii) will be controlled, directly or indirectly, by an entity subject to consolidated supervision by the Board of Governors of the Federal Reserve System as a— (I) bank holding company; (II) savings and loan holding company; or (III) foreign bank that is treated, as of July 1, 2020, as a bank holding company under the International Banking Act of 1978 ( 12 U.S.C. 3101 et seq. (B) that has obtained all regulatory approvals otherwise required with respect to the change in control under any applicable Federal or State law, including section 7(j) of the Federal Deposit Insurance Act ( 12 U.S.C. 1817(j) 3. Supervision of parent companies of industrial loan companies The Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. 12 U.S.C. 1844 6. Supervision of parent companies of industrial loan companies (a) Definitions In this section: (1) Corporation The term Corporation (2) Parent company of an industrial loan company The term parent company of an industrial loan company (A) that is not directly or indirectly subject to a primary financial regulatory agency (as defined in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 (B) that has control over an entity that— (i) is an industrial loan company, industrial bank, or other similar institution; (ii) is not a bank; and (iii) is not a person regulated by a State insurance regulator, as that term is defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 (b) Authority relating to a parent company of an industrial loan company (1) In general Subject to paragraph (2), the Corporation shall have the same authority to require a parent company of an industrial loan company (or a subsidiary of such a parent company) to make reports and submit to examinations as the Board has with respect to a bank holding company or a subsidiary of a bank holding company. (2) Conditions In carrying out the report and examination authority described in paragraph (1) and with respect to the parent company of an industrial loan company that has been approved to receive deposit insurance from the Corporation on or before September 23, 2021, the Corporation shall tailor any requirements to the size, complexity, and nature of the business of that parent company. (3) Enforcement The Corporation may, using the authorities under section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 (c) Rule of construction Nothing in this section may be construed as a reduction of the authority of the Corporation, as in effect on the date of enactment of this section. (d) Rulemaking The Corporation may issue rules to implement this section. . 4. Application with respect to contracts and other agreements (a) Definition In this section, the term industrial loan company (b) Application This Act, and the amendments made by this Act, may not be construed to affect or impair— (1) the authority of the Federal Deposit Insurance Corporation to enter into any agreement with a parent company of an industrial loan company (as defined in section 6 of the Bank Holding Company Act of 1956, as added by section 3 of this Act) or an industrial loan company, or to impose any condition in connection with the approval by the Corporation of an application; or (2) the validity of any agreement described in paragraph (1) entered into before the date of enactment of this Act. | Close the Shadow Banking Loophole Act |
Protecting the Right to Organized, Transparent Elections through a Constitutionally Trustworthy Electoral College Act (PROTECT Electoral College Act) This bill temporarily suspends federal election security grants and conditions receipt of future grants on certain state certifications. The bill also requires a study on the 2020 presidential election. Specifically, the bill suspends through July 1, 2022, election security grants. During this time period, new grants may not be awarded and previous grant funds may not be expended. Further, the bill conditions receipt of future election security grants on a state legislature certifying certain matters, including that the state's mail-in voter verification procedures are specifically established in statute. The state legislature must also certify that unless there is a statute that specifically authorizes the practice, the state (1) does not provide mail-in ballots to voters unless a voter specifically requests a ballot; and (2) does not permit third parties, except for a voter's family member or caregiver, to return a voter's completed ballot. The bill prohibits election assistance funds from being used to further an election procedure that is not expressly set forth in state statute. Additionally, the Government Accountability Office must study and report on the administration of the 2020 presidential election. The report must analyze specific matters for each state that received election security grants, including an analysis of a state's use of these grants and any subsequent actions taken by its state legislature. | 117 S519 IS: Protecting the Right to Organized, Transparent Elections through a Constitutionally Trustworthy Electoral College Act (PROTECT Electoral College Act) U.S. Senate 2021-03-02 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 1st Session S. 519 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Mr. Hagerty Mr. Rubio Mr. Cramer Committee on Rules and Administration A BILL To review the use of election security grants in the 2020 Presidential election and to prohibit future election security grants to States with unconstitutional election procedures. 1. Short title This Act may be cited as the Protecting the Right to Organized, Transparent Elections through a Constitutionally Trustworthy Electoral College Act (PROTECT Electoral College Act) 2. Report on 2020 general election (a) Definitions For purposes of this section: (1) 2016 Presidential election The term 2016 Presidential election (2) 2020 Presidential election The term 2020 Presidential election (3) Applicable election security funds The term applicable election security funds (A) from amounts appropriated under the heading Election Assistance Commission, Election Security Grants Public Law 116–93 (B) from amounts appropriated under the heading Election Assistance Commission, Election Security Grants Public Law 116–136 (4) State The term State 52 U.S.C. 21141 (5) Unsolicited mail-in ballot The term unsolicited mail-in ballot (A) such ballot was not specifically requested by the voter; or (B) the ballot request by the voter was initiated by the mailing of a ballot application not specifically requested by the voter. (6) Unsolicited mail-in ballot percentage The term unsolicited mail-in ballot percentage (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress and make publicly available a report on the 2020 Presidential election. (2) Matters included The report submitted under paragraph (1) shall include the following with respect to each State: that received applicable election security funds: (A) Unsolicited mail-in ballot percentage (i) In general An analysis of whether the unsolicited mail-in ballot percentage for State for the 2020 Presidential election was greater than the unsolicited mail-in ballot percentage for the State for the 2016 Presidential election. (ii) Relevant authority for any increase If the Comptroller General determines that the unsolicited mail-in ballot percentage for the State for the 2020 Presidential election was greater than the unsolicited mail-in ballot percentage for the State for the 2016 Presidential election, the Comptroller General shall provide a description of any change in authority (including any statutory change relating to the distribution of unsolicited mail-in ballots), action, or directive concerning unsolicited mail-in ballots occurring between the 2016 Presidential election and 2020 Presidential election that may have led to such result. (B) Mail-in voter verification procedures (i) In general An analysis of whether there were changes in the State’s methods and processes used to verify the identification of voters who vote using mail-in ballots, including signature verification requirements, that applied with respect to the 2020 Presidential election but did not apply to the 2016 Presidential election. (ii) Relevant authority for changes If the Comptroller General determines that there were changes in the State’s mail-in voter verification procedures described in clause (i), the Comptroller General shall provide a description of any authority (including any statutory authority), action, or directive that led to such change. (C) Other election procedures (i) In general An analysis of whether the State materially altered or changed its election procedures for the 2020 Presidential election (other than procedures described in subparagraph (B)) from the procedures in effect for the 2016 Presidential election. (ii) Relevant authority for changes If the Comptroller General determines that there were changes in the election procedures described in clause (i), the Comptroller General shall provide a description of any authority (including any statutory authority), action, or directive that led to such change. (D) Mail-in ballot collection (i) In general An analysis of whether there were specific, documented allegations of a person other than a voter or a voter’s family member or caregiver collecting or returning the voter's completed ballot in the 2020 Presidential election. (ii) Relevant authority for collection If the Comptroller General determines that there were specific, documented allegations described in clause (i), the Comptroller General shall provide a description of any authority (including any statutory authority), action, or directive permitting such collection or return. (E) Observation of ballot counting An analysis of whether the State has a statute providing for third-party observation of ballot counting, and if so, whether there were specific, documented instances in connection with the 2020 Presidential election in which the State is alleged to have failed to comply with such statute. (F) Failure to enforce An analysis of whether there were specific, documented instances in connection with the 2020 Presidential election in which the State allegedly failed to enforce one or more of its election statutes (other than a statute described in subparagraph (E)). (G) Use of applicable election security funds In the case of a State that received applicable election security funds, an analysis of— (i) whether such funds were used to make expenditures with respect to the 2020 Presidential election; (ii) whether such funds were used in connection with any activity carried out pursuant to an authority, action, or directive described in subparagraph (A)(ii), (B)(ii), (C)(ii), or (D)(ii); and (iii) whether the State complied with all statutory and other conditions imposed in connection with the receipt of such funds. (H) Subsequent State actions A description of any of the following actions taken by the State legislature: (i) The passage of a resolution expressing an opinion on, or the submission to Congress or the Comptroller General of a communication relating to, the items described in subparagraphs (A) through (G). (ii) The enactment, after the completion of the 2020 Presidential election, of legislation regarding any authority, action, or directive described in subparagraph (A)(ii), (B)(ii), (C)(ii), or (D)(ii) or any failure described in subparagraph (E) or (F). 3. Temporary suspension of, and requirements for, future election assistance grants (a) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20901 7 Requirements for election assistance 297. Suspension of election assistance (a) In general Notwithstanding any other provision of law, no grant may be awarded under this Act before July 1, 2022. (b) Suspension of previous grants No State may expend Federal funds provided under this Act before the date of the enactment of this section before July 1, 2022. 298. Requirements for future election assistance (a) In general Notwithstanding any other provision of law, no State may receive any grant awarded under this Act after the date of the enactment of this section unless the State has certified by resolution adopted by the State legislature, as a condition of receiving the grant, that it is in compliance with the requirements of subsection (b). (b) Requirements (1) In general A State satisfies the requirements of this section if, in connection with any election for Federal office— (A) the methods and processes used by the State to verify the identification of voters who vote using mail-in ballots are specifically set forth in statute; (B) except as specifically provided by statute— (i) the State does not use unsolicited mail-in balloting; and (ii) the State does not permit persons other than the voter or the voter’s family members or caregivers to return a voter’s completed ballot; (C) for any election after the last day that the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d (D) in the case of State that has a law providing for third-party observation of ballot counting, such ballot observation law is strictly followed in all instances; (E) the State complies with all requirements under title III; and (F) the State has taken documented, affirmative measures to address— (i) any prior failure to satisfy the requirements of subparagraphs (A) through (E) that is identified by the State legislature in a resolution (or other similar communication submitted to Congress and the Comptroller General); or (ii) any prior specific, documented instance in which the State— (I) failed to enforce one or more of its election statutes; or (II) materially altered or changed its election procedures without a corresponding state statutory enactment. (2) Unsolicited mail-in balloting For purposes of paragraph (1)(B), the term unsolicited mail-in balloting (A) such ballot was not specifically requested by the voter; or (B) the ballot request by the voter was initiated by the mailing of a ballot application not specifically requested by the voter. 8 Prohibition on use of funds 299. Prohibition on use of funds Notwithstanding any other provision of law, any amounts provided under this Act shall not be used in furtherance of any election procedure that is not expressly set forth in a statute enacted by the State legislature. . (b) Conforming amendment The table of contents in section 1(b) of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 296 the following: Part 7—Requirements for election assistance Sec. 297. Suspension of election assistance. Sec. 298. Requirements for future election assistance. Part 8—Prohibition on use of funds Sec. 299. Prohibition on use of funds. . | Protecting the Right to Organized, Transparent Elections through a Constitutionally Trustworthy Electoral College Act (PROTECT Electoral College Act) |
Ending China's Developing Nation Status Act This bill requires the Department of State to take actions to stop China from being classified as a developing nation by international organizations. (Generally, international organizations provide developing nations certain rights and beneficial treatment. For example, the World Trade Organization provides developing nations with so-called special and differential treatment, which includes measures that aim to increase trading opportunities for those nations.) Under this bill, the State Department must advocate for international organizations to (1) change China's status from developing nation to developed nation, or (2) develop a mechanism to change China's status to developed nation if no mechanism currently exists. The President may waive this requirement if doing so is in the national interest of the United States. | 117 S5190 IS: Ending China's Developing Nation Status Act U.S. Senate 2022-12-06 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. 5190 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. Romney Committee on Foreign Relations A BILL To end the treatment of the People’s Republic of China as a developing nation. 1. Short title This Act may be cited as the Ending China's Developing Nation Status Act 2. Statement of policy It should be the policy of the United States— (1) to refuse entering into any treaty in which the People’s Republic of China— (A) is labeled a developing nation; or (B) receives the benefits of a developing nation under the terms of the treaty; (2) to oppose the labeling or treatment of the People’s Republic of China as a developing nation in each international organization of which the United States and the People’s Republic of China are both current members; and (3) to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members. 3. Definitions In this Act: (1) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on Foreign Relations of the Senate (B) the Committee on Foreign Affairs of the House of Representatives (2) Secretary The term Secretary 4. Report on the labeling of the People's Republic of China’s development status in current treaty negotiations Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress identifying all current treaty negotiations in which— (1) the proposed treaty develops different standards for the enforcement of the treaty based on the development status of the member states of the treaty; and (2) the People's Republic of China is under consideration for becoming a party to the treaty. 5. Mechanisms for changing development status (a) In general In any international organization of which the United States and the People's Republic of China are both current members, the Secretary shall pursue— (1) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (2) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation. (b) Waiver The President may waive the application of paragraph (1) or (2) of subsection (a) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States. | Ending China's Developing Nation Status Act |
SCORE for Small Business Act of 2022 This bill reauthorizes through FY2024 the Service Corps of Retired Executives (SCORE) program, outlines the duties of the SCORE Association, and requires the Small Business Administration (SBA) to cooperate with the association to carry out the program. Specifically, the bill requires the association to manage nationwide chapters of the program to enable volunteers participating in the program to provide personal, cost-free business expertise and facilitate education workshops to small businesses. The association must also offer online counseling through web-based platforms to small businesses. In consultation with the association, the SBA must ensure that the program (1) recruits diverse volunteers for each chapter of the program, and (2) provides services to rural and underserved communities. | 117 S5191 IS: SCORE for Small Business Act of 2022 U.S. Senate 2022-12-06 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. 5191 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. Coons Mr. Cardin Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to reauthorize the SCORE program, and for other purposes. 1. Short title This Act may be cited as the SCORE for Small Business Act of 2022 2. Definitions In this Act: (1) Administration; Administrator The terms Administration Administrator (2) SCORE Association; SCORE Program The terms SCORE Association SCORE program 15 U.S.C. 632 (3) Small business concern The term small business concern 15 U.S.C. 632 3. SCORE Program provisions and requirements Section 8 of the Small Business Act ( 15 U.S.C. 637 (1) in subsection (b)(1)(B)— (A) by striking a Service Corps of Retired Executives (SCORE) the SCORE program (B) by striking SCORE may the SCORE Association may (2) by striking subsection (c) and inserting the following: (c) SCORE program (1) Cooperative agreement The Administrator shall enter into a cooperative agreement with the SCORE Association to carry out the SCORE program, which shall include the following requirements: (A) Administrator duties The Administrator shall— (i) every 2 years, conduct a financial examination of the SCORE Association to ensure that any costs paid for with Federal funds are allowable, allocable, and reasonable; (ii) review and approve contracts entered into by the SCORE Association to provide goods or services for the SCORE program of a value greater than an amount determined by the Administrator; (iii) maintain a system through which the SCORE Association provides documentation relating to those contracts; and (iv) not later than 30 days after the receipt of a quarterly report on the achievements of the SCORE program submitted by the SCORE Association, reconcile differences between that report and the performance results of the SCORE program reported in a management information system of the Office of Entrepreneurial Development. (B) SCORE Association duties The SCORE Association shall— (i) manage nationwide chapters of the SCORE program; (ii) provide annual training to employees of the SCORE Association on generating and using program income from the SCORE program; (iii) submit documentation to the Administrator verifying the annual training is completed; (iv) maintain separation of funds donated to the SCORE Association from program income and funds received pursuant to a cooperative agreement; and (v) maintain and enforce requirements for volunteers participating in the SCORE program, including requirements that each volunteer shall— (I) based on the business experience and knowledge of the volunteer— (aa) provide personal counseling, mentoring, and coaching on the process of starting, expanding, managing, buying, and selling a business at no cost to individuals who own, or aspire to own, small business concerns; and (bb) facilitate free or low-cost education workshops for individuals who own, or aspire to own, small business concerns; and (II) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. (C) Joint duties The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program— (i) develop and implement plans and goals to effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, or other traditionally underserved communities, including plans for virtual, remote, and web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program; and (ii) reinforce an inclusive culture by recruiting diverse volunteers for the chapters of the SCORE program. (2) Online component In addition to providing in-person services, the SCORE Association shall maintain and expand online counseling services including webinars, electronic mentoring platforms, and online toolkits to further support entrepreneurs. (3) Accounting The SCORE Association shall— (A) maintain a centralized accounting and financing system for each chapter of the SCORE program; (B) maintain a uniform policy and procedures to manage Federal funds received pursuant to a cooperative agreement described in paragraph (1); and (C) maintain an employee of the SCORE Association to serve as a compliance officer to ensure expenditures of the SCORE program are fully compliant with any law, regulation, or cooperative agreement relating to the SCORE program. (4) Compensation The SCORE Association shall— (A) maintain a documented compensation policy that— (i) specifies the maximum rate of pay allowable for any individual in the SCORE Association; (ii) specifies the maximum percent of the aggregate salaries of employees of the SCORE Association that may be spent on individual performance awards to employees of the SCORE Association; and (iii) shall be reviewed annually by the SCORE Association and the Administrator; (B) prohibit payment of salaries or performance awards that exceed the limits set by the SCORE Association compensation policy; and (C) prohibit members of the Board of Directors of the SCORE Association or any employees of the SCORE Association from simultaneously serving on the Board of Directors of, or receiving compensation from, the SCORE Foundation without written approval from the Administrator. (5) Whistleblower protection requirements The SCORE Association shall— (A) annually update all manuals or other documents applicable to employees and volunteers of the SCORE Association or the SCORE program to include requirements relating to reporting procedures and protections for whistleblowers; and (B) conduct an annual training for employees and volunteers of the SCORE Association or the SCORE program on the requirements described in subparagraph (A) and encourage the use of the hotline established by the Office of the Inspector General of the Administration to submit whistleblower reports. (6) Published materials The SCORE Association shall ensure all published materials include written acknowledgment of Administration support of the SCORE program if those materials are paid for in whole or in part by Federal funds. (7) Privacy requirements (A) In general Neither the Administrator nor the SCORE Association may disclose the name, email address, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of the individual or small business concern, unless— (i) 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 (ii) the Administrator determines that a disclosure is necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. (B) Administrator use of information This paragraph shall not— (i) restrict the access of the Administrator to SCORE program activity data; or (ii) prevent the Administrator from using SCORE program client information to conduct client surveys. (C) Standards (i) In general The Administrator shall, after opportunity for notice and comment, establish standards for— (I) disclosures with respect to financial audits described in subparagraph (A)(ii); and (II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. (ii) Maximum privacy protection The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. (8) Annual report Not later than 180 days after the date of enactment of the SCORE for Small Business Act of 2022 (A) the total number and the number of unique clients counseled or trained under the SCORE program; (B) the total number of hours of counseling or training provided under the SCORE program; (C) the total number of local workshops provided under the SCORE program; (D) the total number of clients attending online and local workshops provided under the SCORE program; (E) to the extent practicable, the demographics of SCORE program clients and volunteers, which shall include the gender, race, ethnicity, and age of each client or volunteer; (F) the number of SCORE program clients and volunteers who are veterans; (G) with respect to businesses assisted under the SCORE program, the cost to create a job, the cost to create a business, and return on investment; (H) the number of referrals of SCORE program clients to other resources and programs of the Administration; (I) the results of SCORE program client satisfactory surveys, including a summary of any comments received from those clients; (J) the number of new businesses started by SCORE program clients; (K) the percentage of businesses assisted by the SCORE program realizing revenue growth; (L) to the extent practicable, the number of jobs created with assistance from the SCORE program; (M) the total cost of the SCORE program; (N) any recommendations of the Administrator to improve the SCORE program; (O) an explanation of how the SCORE program has been integrated with— (i) small business development centers; (ii) women’s business centers described in section 29; (iii) Veteran Business Outreach Centers described in section 32; (iv) other offices of the Administration; and (v) other public and private entities engaging in entrepreneurial and small business development; (P) the SCORE compensation policy for the relevant fiscal year, including— (i) a list of any changes to the compensation policy since the previous fiscal year; and (ii) justification if the maximum rate of pay allowable for any individual in the SCORE Association exceeds the maximum rate of pay allowable for an individual in the career Senior Executive Service employed at the Administration; (Q) the names, positions, and salaries of any employees of the SCORE Association whose salaries exceed the maximum rate of pay allowable per the SCORE compensation policy; (R) the percent of the aggregate salaries of employees of the SCORE Association spent on individual performance awards to employees of the SCORE Association, with a justification if this amount exceeds 10 percent; (S) the total amount of performance awards that have been disbursed or will be disbursed after the last day of the fiscal year in which the awards were earned and a justification for any awards that have been disbursed or will be disbursed outside the fiscal year in which the awards were earned; and (T) the names, positions, and salaries of any members of the Board of Directors of the SCORE Association or any employees of the SCORE Association that simultaneously serve on the Board of Directors of, or receive compensation from, the SCORE Foundation without written approval of the Administrator. . 4. Authorization of appropriations for the SCORE program Section 20 of the Small Business Act ( 15 U.S.C. 631 (i) SCORE program There are authorized to be appropriated to the Administrator to carry out the SCORE program such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $18,000,000 in each of fiscal years 2023 and 2024. . 5. Reporting requirements (a) Study and report on the future role of the SCORE program (1) Study The SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will meet the needs of small business concerns during the 5-year period beginning on the date of enactment of this Act, with specific objectives for the first, third, and fifth years of the 5-year period. (2) Report Not later than 180 days after the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing— (A) all findings and determinations made in carrying out the study required under paragraph (1); (B) the strategic plan developed under paragraph (1); and (C) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels. (b) Administrator report on leased space Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing an assessment of the cost of leased space that is donated to the SCORE Association. (c) Online component report Not later than 3 months after the last day of the first full fiscal year following the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the online counseling services required under paragraph (2) of section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) (1) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results; (2) the internal controls that are used and a summary of the topics covered by the webinars; and (3) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards those online counseling services. 6. Technical and conforming amendments (a) Small Business Act The Small Business Act ( 15 U.S.C. 631 et seq. (1) in section 3 ( 15 U.S.C. 632 (gg) SCORE program definitions In this Act: (1) SCORE program The term SCORE program (2) SCORE Association The term SCORE Association (3) SCORE Foundation The term SCORE Foundation ; (2) in section 7 ( 15 U.S.C. 636 (A) in subsection (b)(12)— (i) in the paragraph heading, by striking score SCORE program (ii) in subparagraph (A), by striking Service Corps of Retired Executives SCORE program (B) in subsection (m)(3)(A)(i)(VIII), by striking Service Corps of Retired Executives SCORE program (3) in section 20 ( 15 U.S.C. 631 Service Corps of Retired Executives program SCORE program (4) in section 22 ( 15 U.S.C. 649 (A) in subsection (b)— (i) in paragraph (1), by striking Service Corps of Retired Executives authorized by section (8)(b)(1) SCORE program (ii) in paragraph (3), by striking Service Corps of Retired Executives SCORE program (B) in subsection (c)(12), by striking Service Corps of Retired Executives authorized by section 8(b)(1) SCORE program (b) Other laws (1) Small Business Reauthorization Act of 1997 Section 707 of the Small Business Reauthorization Act of 1997 ( 15 U.S.C. 631 Service Corps of Retired Executives (SCORE) program SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) (2) Veterans Entrepreneurship and Small Business Development Act of 1999 Section 301 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking Service Core of Retired Executives (described in section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) SCORE SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) SCORE program (ii) in paragraphs (1), (2), and (3), by striking SCORE the SCORE program (iii) in paragraph (2), by striking the establishing (B) in subsection (b), by striking SCORE the SCORE program (3) Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 The Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ( 15 U.S.C. 636 (A) in section 3, by striking paragraph (5) and inserting the following: (5) the term SCORE program 15 U.S.C. 637(c) ; and (B) in section 201(c)(2)(B)(i), by striking Service Corps of Retired Executives SCORE program (4) Children’s Health Insurance Program Reauthorization Act of 2009 Section 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 ( 15 U.S.C. 657p (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) the term SCORE program 15 U.S.C. 637(c) ; and (B) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives SCORE program (5) Energy Policy and Conservation Act Section 337(d)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6307(d)(2)(A) Service Corps of Retired Executives (SCORE) SCORE program | SCORE for Small Business Act of 2022 |
Second Look Act of 2022 This bill allows a defendant who has served at least 10 years in prison to petition a federal court for a sentence reduction. Specifically, a court may reduce the prison term for a defendant if (1) the imposed prison term was more than 10 years; (2) the defendant has served at least 10 years in custody; and (3) the court finds that the defendant is not a danger to public safety, is ready for reentry, and the interests of justice warrant a sentence modification. The bill outlines the factors a court may consider in reducing a prison term. Further, the bill creates a rebuttable presumption of release for a defendant who is 50 years of age or older on the date of the petition. | 98 S5193 IS: Second Look Act of 2022 U.S. Senate 2022-12-06 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. 5193 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. Booker Committee on the Judiciary A BILL To enable incarcerated persons to petition a Federal court for a second look at sentences longer than 10 years, where the person is not a danger to the safety of any person or the community and has shown they are ready for reentry, and for other purposes. 1. Short title This Act may be cited as the Second Look Act of 2022 2. Findings (a) Findings related to the United States Criminal Justice System Congress finds the following: (1) Although the United States has less than 5 percent of the world’s population, the United States holds approximately 19 percent of the world’s incarcerated population and has the highest rate of incarceration in the world, with more than 1,700,000 people incarcerated in State and Federal prisons and local jails. (2) The prison population of the United States has increased by more than 270 percent over a 40-year period preceding the date of enactment of this Act. (3) The United States incarcerates citizens of the United States at 5 to 10 times the rate of other industrialized nations. (4) The face of incarceration in the United States is not exclusively male. Although less than 5 percent of women in the world live in the United States, the United States houses nearly 30 percent of the world’s incarcerated women. (5) The growth of the incarceration of women in the United States has outpaced that of men by nearly 2-to-1, growing more than 475 percent between 1980 and 2020. Fifty-eight percent of incarcerated women are mothers of minor children and most are the primary caretakers for their children. (6) The overall prison population of the United States peaked in 2009 and declined at an annual rate of 1 percent during the subsequent decade. At this pace, it would take until 2078, or 56 years, to reduce the prison population by 50 percent. (7) In 2020, the prison population declined by 15 percent in response to safety precautions related to the COVID–19 pandemic, but some prison populations have since bounced back up. (8) Nearly 50 percent of the United States Federal prison population in 2022 is incarcerated for a drug trafficking offense. (b) Findings related to the need for a second look Congress finds the following: (1) A second look at the sentences for incarcerated individuals is needed. (2) Life sentences of imprisonment and long sentences without the possibility of review violate human rights standards. (3) One out of 7 incarcerated individuals is currently serving a life sentence or a virtual life sentence of 50 years or longer. More than 25 percent of those individuals are sentenced to life without parole. One out of every 15 women in prison, or nearly 7,000 women, is serving a life sentence or virtual life sentence. (4) In 2020, 147,920 people were serving a life sentence or virtual life sentence in the United States, and 55,945 people were serving a sentence of life without parole, compared to a total of 63 people serving a life sentence without the possibility of release in the United Kingdom. (5) Mandatory minimum penalties continue to result in long sentences in the Federal prison system, and— (A) as of 2016— (i) 55.7 percent of the Federal prison population had been sentenced under a mandatory minimum provision; and (ii) 25 percent of Federal prisoners serving life or virtual life sentences have been convicted of nonviolent crimes, including 30 percent for a drug crime; and (B) in 2021, the average sentence length for individuals who were convicted of an offense carrying a mandatory minimum penalty was 139 months of imprisonment. (6) Among those individuals serving life without parole sentences, 40 percent have been convicted of a drug related crime. (7) The United States has much more punitive sentencing laws than the rest of the world, as— (A) sentence lengths in most European countries rarely exceed 20 years; (B) Norway abolished life sentences in 1981, and under Norwegian law, the maximum prison term is 21 years; (C) in Denmark and Sweden, individuals serving life sentences can be released after 12 years and 18 years of imprisonment, respectively; and (D) in Latin America, only 6 out of 19 countries maintain statutes that allow life imprisonment. (8) With the abolition of parole under the Sentencing Reform Act of 1984 ( Public Law 98–473 (A) Belgium requires a parole review of life sentences after 10 years; (B) Germany requires a parole review of life sentences after 15 years; and (C) the International Criminal Court requires a parole review of life sentences after 25 years. (9) An incarcerated individual should not be precluded from receiving a second look review of their sentence because of the nature of the crime for which the individual was convicted, as— (A) individuals tend to age out of criminal activity starting around 25 years of age; (B) released individuals over the age of 50 have a very low recidivism rate; (C) several studies, State policies and programs, and the National Institute of Corrections of the Bureau of Prisons consider incarcerated individuals aged 50 and above to be elderly; (D) incarcerated people age at an accelerated rate because they are more likely than the general public to experience stresses including long histories of alcohol and drug misuse, insufficient diet, lack of medical care, financial struggles, and stress of maintaining safety while behind bars; (E) the Office of the Inspector General of the Department of Justice has found that aging inmates commit less misconduct while incarcerated and have a lower rate of re-arrest once released (F) the cost to State taxpayers to incarcerate the approximately 250,000 individuals aged 50 or older behind bars as of the date of enactment of this Act is approximately $16,000,000,000 each year; (G) incarceration of individuals beyond the age during which the individuals are likely to commit crime is a drain on taxpayer dollars that does nothing to increase public safety; (H) individuals are capable of redemption; and (I) in the words of Bryan Stevenson, each of us is more than the worst thing we’ve ever done 3. Modification of certain terms of imprisonment (a) In general Subchapter C of chapter 229 section 3626 3627. Modification of certain terms of imprisonment (a) In general Notwithstanding any other provision of law, a court may reduce a term of imprisonment imposed upon a defendant if— (1) the imposed term of imprisonment was more than 10 years; (2) the defendant has served not less than 10 years in custody for the offense; and (3) the court finds, after considering the factors set forth in subsection (c), that— (A) the defendant— (i) is not a danger to the safety of any person or the community; and (ii) demonstrates readiness for reentry; and (B) the interests of justice warrant a sentence modification. (b) Supervised release (1) In general Any defendant whose sentence is reduced pursuant to subsection (a), shall be ordered to serve— (A) the term of supervised release included as part of the original sentence imposed on the defendant; or (B) in the case of a defendant whose original sentence did not include a term of supervised release, a term of supervised release not to exceed the authorized terms of supervised release described in section 3583. (2) Conditions of supervised release The conditions of supervised release and any modification or revocation of the term of supervised release shall be in accordance with section 3583. (c) Factors and information To be considered in determining whether To modify a term of imprisonment (1) In general The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a)— (A) may consider the factors described in section 3553(a), including the nature of the offense and the history and characteristics of the defendant; and (B) shall consider— (i) the age of the defendant at the time of the offense; (ii) the age of the defendant at the time of the sentence modification petition and relevant data regarding the decline in criminality as the age of a defendant increases; (iii) any presentation of argument and evidence by counsel for the defendant; (iv) a report and recommendation of the Bureau of Prisons, including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational, vocational, or other prison program, where available; (v) any report and recommendation of the United States attorney for any district in which an offense for which the defendant is imprisoned was prosecuted; (vi) whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction; (vii) any statement, which may be presented orally or otherwise, by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased; (viii) any report from a physical, mental, or psychiatric examination of the defendant conducted by a licensed health care professional; (ix) the family and community circumstances of the defendant, including any history of abuse, trauma, or involvement in the child welfare system, and the potential benefits to children and family members of reunification with the defendant; (x) the role of the defendant in the offense and whether, and to what extent, an adult was involved in the offense if the defendant was a juvenile at the time of the offense; (xi) the diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, if the defendant was a juvenile at the time of the offense; and (xii) any other information the court determines relevant to the decision of the court. (2) Rebuttable presumption In the case of a defendant who is 50 years of age or older on the date on which the defendant files an application for a sentence reduction under subsection (a), there shall be a rebuttable presumption that the defendant shall be released. (d) Limitation on applications pursuant to this section (1) Second application Not earlier than 5 years after the date on which an order denying release on an initial application under this section becomes final, a court shall entertain a second application by the same defendant under this section. (2) Third application Not earlier than 2 years after the date on which an order entered by a court on a second application under paragraph (1) becomes final, a court shall entertain a third application by the same defendant under this section. (3) Final application A court shall entertain a final application if the defendant— (A) is 50 years of age or older; and (B) has exhausted the sentencing modification process. (e) Procedures (1) Notice Not later than 30 days after the date on which the 10th year of imprisonment begins for a defendant sentenced to more than 10 years of imprisonment for an offense, the Bureau of Prisons shall provide written notice of this section to— (A) the defendant; and (B) the sentencing court, the United States attorney, and the Federal Public Defender or Executive Director of the Community Defender Organization for the judicial district in which the sentence described in this paragraph was imposed. (2) Application (A) In general An application for a sentence reduction under this section shall be filed in the judicial district in which the sentence was imposed as a motion to reduce the sentence of the defendant pursuant to this section and may include affidavits or other written material. (B) Requirement A motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the United States attorney for the judicial district in which the sentence was imposed. (3) Expanding the record; hearing (A) Expanding the record After the filing of a motion to reduce a sentence under this section, the court may direct the parties to expand the record by submitting additional written materials relating to the motion. (B) Hearing (i) In general The court shall, upon request of the defendant or the Government, conduct a hearing on the motion, at which the defendant and counsel for the defendant shall be given the opportunity to be heard. (ii) Evidence In a hearing under this section, the court shall allow parties to present evidence. (iii) Defendant’s presence At a hearing under this section, the defendant shall be present unless the defendant waives the right to be present. The requirement under this clause may be satisfied by the defendant appearing by video teleconference. (iv) Counsel A defendant who is unable to afford counsel is entitled to have counsel appointed, at no cost to the defendant, to represent the defendant for the application and proceedings under this section, including any appeal, unless the defendant expressly waives the right to counsel after being fully advised of their rights by the court. (v) Findings The court shall state in open court, and file in writing, the reasons for granting or denying a motion under this section. (C) Appeal The Government or the defendant may file a notice of appeal in the district court for review of a final order under this section. The time limit for filing such appeal shall be governed by rule 4(a) of the Federal Rules of Appellate Procedure. (4) Crime victims rights Upon receiving an application under paragraph (2), the United States attorney shall provide any notifications required under section 3771. (f) Annual report (1) In general Not later than 1 year after the date of enactment of the Second Look Act of 2022 (2) Contents Each report required to be published under paragraph (1) shall include, for the 1-year period preceding the report— (A) the number of— (i) incarcerated individuals who were granted a sentence reduction under this section; and (ii) incarcerated individuals who were denied a sentence reduction under this section; (B) the number of incarcerated individuals released from prison under this section; (C) the demographic characteristics, including race and gender, of— (i) the incarcerated individuals who applied for a sentenced reduction under this section; (ii) the incarcerated individuals who were granted a sentence reduction under this section; and (iii) the incarcerated individuals who were released under this section; (D) the location, categorized by Federal circuit and State, of— (i) the incarcerated individuals who applied for a reduction under this section; (ii) the incarcerated individuals who were granted a reduction under this section; and (iii) the incarcerated individuals who were released under this section; (E) the average sentence reduction granted under this section; (F) the number of incarcerated individuals 50 years of age or older who applied for a sentence reduction under this section; (G) the number of incarcerated individuals who are 50 years of age or older who were granted a sentence reduction under this section; and (H) the number of incarcerated individuals 50 years of age or older who were released from prison under this section. (3) Attorney General cooperation The Attorney General shall— (A) assist and provide information to the United States Sentencing Commission in the performance of the duties of the Commission under this subsection; and (B) promptly respond to requests from the Commission. . (b) Table of sections The table of sections for subchapter C of chapter 229 section 3626 3627. Modification of certain terms of imprisonment. . (c) Technical and conforming amendment Section 3582(c) of title 18, United States Code, is amended— (1) in paragraph (1)(B), 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) the court may reduce a term of imprisonment in accordance with section 3627. . (d) Applicability The amendments made by this section shall apply to any conviction entered before, on, or after the date of enactment of this Act. | Second Look Act of 2022 |
Protecting Medicare Patients and Physicians Act This bill extends a payment increase under Medicare's physician fee schedule through the end of 2023 (currently set to expire at the end of 2022) and temporarily exempts Medicare from sequestration. | 117 S5194 IS: Protecting Medicare Patients and Physicians Act U.S. Senate 2022-12-06 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. 5194 IN THE SENATE OF THE UNITED STATES December 6, 2022 Mr. Kennedy Committee on Finance A BILL To amend title XVIII of the Social Security Act to extend certain increases in payments for physicians services under the Medicare program through 2023. 1. Short title This Act may be cited as the Protecting Medicare Patients and Physicians Act 2. Sense of Congress It is the sense of Congress that the Secretary of Health and Human Services, the House of Representatives, and the Senate should commit to take administrative and legislative actions to— (1) ensure financial stability and predictability in the Medicare physician payment system; (2) promote and reward value-based care innovation; and (3) safeguard timely access to high-quality care by advancing health equity and reducing disparities. 3. Extension of support for physicians and other professionals in adjusting to Medicare payment changes (a) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (1) in subsection (c)(2)(B)(iv)(V), by striking or 2022 , 2022, or 2023 (2) in subsection (t)— (A) in the heading, by striking and 2022 , 2022, and 2023 (B) in paragraph (1)— (i) by striking and 2022 , 2022, and 2023 (ii) in subparagraph (A), by striking and (iii) in subparagraph (B), by striking the period at the end and inserting ; and (iv) by adding at the end the following new subparagraph: (C) such services furnished on or after January 1, 2023, and before January 1, 2024, by 4.42 percent. ; and (C) in paragraph (2)(C)— (i) in the heading, by striking and 2022 , 2022 and 2023 (ii) by striking or 2022 , 2022, or 2023 (b) Temporary suspension of PAYGO Medicare sequestration During the period beginning on the date of enactment of this Act and ending on December 31, 2023, the Medicare programs under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 2 U.S.C. 931 et seq. (c) Transfer of returned provider relief funds Section 1150C of the Social Security Act ( 42 U.S.C. 1320b–26 (f) Transfer of returned funds The Secretary shall provide for the transfer to the Federal Supplementary Medical Insurance Trust Fund under section 1841 of any amounts returned to the Secretary by an eligible health care provider under this section that are unobligated as of the date of the enactment of this subsection. . | Protecting Medicare Patients and Physicians Act |
Critical Mineral Independence Act of 2022 This bill requires the Office of the Under Secretary of Defense for Acquisition and Sustainment and the Defense Logistics Agency to develop and implement a strategy to transition the supply chain for critical minerals in the National Defense Stockpile away from reliance on geostrategic competitors and adversaries by 2027 through acquisition of critical minerals processed by the United States or allied countries. | 117 S5195 IS: Critical Mineral Independence Act of 2022 U.S. Senate 2022-12-07 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. 5195 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Romney Mr. Sullivan Committee on Armed Services A BILL To strengthen the national security of the United States by decreasing the reliance of the Department of Defense on critical minerals from the People’s Republic of China, and for other purposes. 1. Short title This Act may be cited as the Critical Mineral Independence Act of 2022 2. Definitions In this Act: (1) Allied country The term allied country (A) a country of the national technology and industrial base, as defined in section 4801 of title 10, United States Code; or (B) another country that is an ally of the United States and is identified by the Secretary of Defense for purposes of this Act. (2) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on Energy and Natural Resources, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Natural Resources, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Financial Services of the House of Representatives. (3) Critical mineral The term critical mineral 30 U.S.C. 1606(a) 3. Statement of policy It is the policy of the United States— (1) to expand mining and processing of critical minerals, including rare earth elements, in the United States and in allied countries to meet the needs of the United States defense sector so that the Department of Defense will achieve critical mineral supply chain independence by 2027; (2) that the Department of Defense will procure critical minerals processed by the United States and allied countries to replenish and expand the National Defense Stockpile to meet growing geopolitical threats by 2027; and (3) to develop critical mineral supply chains for the Department of Defense that are not dependent on mining or processing of critical minerals in countries that are geostrategic competitors or adversaries of the United States. 4. Report on United States and allied processing of critical minerals required to achieve defense supply chain independence (a) In general Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate committees of Congress a report on the processing by the United States and allied countries of critical minerals, including rare earth elements, required to achieve supply chain independence for the United States Armed Forces and allied countries by 2027. (b) Elements The report required by subsection (a) shall include the following: (1) An estimate of the annual demand for processed critical minerals for the United States Armed Forces and allied countries. (2) An outline of the necessary processed critical minerals value chain required to support the needs of the Department of Defense. (3) An assessment of any gaps in the outline described in paragraph (2), indicating where sufficient United States processing capacity exists and where such capacity does not exist. (4) An identification of any Federal funds, including any funds made available under title III of the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq. (5) An estimate of the additional capital investment required to grow and operate sufficient United States capacity to address those gaps. (6) An estimate of the annual funding necessary for the Department of Defense to procure critical minerals processed in the United States sufficient to meet the annual needs of the Department, including consideration of increased investments from private sector capital. (7) An estimate of the cost difference between the Department of Defense— (A) sourcing critical minerals processed by the United States; (B) sourcing critical minerals processed by allied countries; and (C) sourcing critical minerals on the open market. (8) An assessment of what changes, if any, are necessary to the acquisition policies of the Department of Defense to ensure weapon suppliers use critical minerals processed by the United States or allied countries. (9) An assessment of what changes, if any, to authorities under title III of the Defense Production Act of 1950 are necessary to enter into a long-term offtake agreement with respect to critical minerals processed by the United States or allied countries. (10) An assessment of the duration of potential contracts necessary to prevent the collapse of United States processing of critical minerals in the event of price fluctuations resulting from increases in the export quota of the People’s Republic of China. (11) Recommendations for international cooperation with allied countries to jointly reduce dependence on critical minerals processed in or by the People’s Republic of China. 5. Strategy to transition the supply chain for the National Defense Stockpile to United States and allied-processed critical minerals by 2027 (a) In general Not later than 90 days after the report required by section 4 is submitted, the Director of the Defense Logistics Agency, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall develop, and submit to the appropriate committees of Congress, a strategy to transition the supply chain for critical minerals, including rare earths elements, in the National Defense Stockpile away from reliance on geostrategic competitors and adversaries of the United States by 2027, through acquisition of critical minerals processed by— (1) the United States, with a preference given to critical minerals processed in the United States; or (2) allied countries (excluding critical minerals processed in a country that is a geostrategic competitor or adversary of the United States), with preference given to critical minerals processed in such countries. (b) Forecasted need of critical minerals The strategy required by subsection (a) shall be designed to meet the forecasted need for critical minerals of the Department of Defense through calendar year 2027 for— (1) planned procurements; (2) anticipated adoption of emerging technology; and (3) potential increases in the National Defense Stockpile that would be needed if the Department implements the guidance included in the Climate Adaptation Action Plan of the Department of Defense, dated September 2021. (c) Elements The strategy required by subsection (a) shall include the following: (1) A list of critical minerals in the National Defense Stockpile. (2) A priority ranking for transitioning the critical minerals on the list required by paragraph (1), developed using, for each such mineral— (A) the percentage of the mineral processed by foreign sources (excluding allied countries); (B) the percentage of operational processing facilities for the mineral located in the United States and in allied countries, compared to foreign sources of the mineral (excluding allied countries); (C) the quantity of the mineral required to fulfill the purposes set forth in section 2 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98a (D) any other metric, as determined by the Director and the Under Secretary, that may be an indicator of reliance on foreign sources (excluding allied countries) for the mineral. (3) A process to replenish 50 percent of each mineral on the list required by paragraph (1) with the mineral processed by United States or allied country processors during the 1-year period after implementation of the strategy. (4) A process to replenish 95 percent of each mineral on the list required by paragraph (1) with the mineral processed by United States or allied country processors during the 3-year period after implementation of the strategy. (5) Recommendations to Congress with respect to any authorities needed to implement the strategy. (6) Any other matters related to implementing the strategy as the Director and the Under Secretary consider appropriate. (d) Implementation The Director and the Under Secretary shall— (1) coordinate the implementation of the processes required by paragraphs (3) and (4) of subsection (c) with the Department of Defense and activities carried out by the Department under title III of the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq. (2) to the greatest extent practicable, implement the strategy required by subsection (a) with respect to acquisition of critical minerals for the National Defense Stockpile with funds authorized to be appropriated under section 7. (e) Briefings required Not later than 180 days after the submission of the strategy required by subsection (a), and every 180 days thereafter, the Director and the Under Secretary shall brief the appropriate committees of Congress on implementation of the strategy. 6. Form of report and strategy The report required by section 4 and the strategy required by section 5 shall be submitted in classified form but shall include an unclassified summary. 7. Authorization of appropriations There is authorized to be appropriated to the National Defense Stockpile Transaction Fund $1,003,500 for the acquisition of strategic and critical minerals under section 6(a) of the Strategic and Critical Minerals Stock Piling Act ( 50 U.S.C. 98e(a) | Critical Mineral Independence Act of 2022 |
Women's Suffrage National Monument Location Act This bill authorizes the location of a monument on the National Mall to commemorate the women's suffrage movement and the passage of the 19th Amendment to the Constitution. | 116 S5196 IS: Women's Suffrage National Monument Location Act U.S. Senate 2022-12-07 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. 5196 IN THE SENATE OF THE UNITED STATES December 7, 2022 Ms. Baldwin Mrs. Blackburn Mr. Bennet Committee on Energy and Natural Resources A BILL To authorize the location of a monument on the National Mall to commemorate and honor the women’s suffrage movement and the passage of the 19th Amendment to the Constitution, and for other purposes. 1. Short title This Act may be cited as the Women's Suffrage National Monument Location Act 2. Women's Suffrage National Monument (a) Site Notwithstanding section 8908(c) of title 40, United States Code, the Women’s Suffrage National Monument shall be located within the Reserve. (b) Applicability of Commemorative Works Act Except as provided in subsection (a), chapter 89 Commemorative Works Act (c) Definitions In this section: (1) Women’s Suffrage National Monument The term Women’s Suffrage National Monument Public Law 116–217 40 U.S.C. 8903 (2) Reserve The term Reserve | Women's Suffrage National Monument Location Act |
Local Assistance Fairness Act This bill expands eligibility for the Local Assistance and Tribal Consistency Fund to revenue-sharing consolidated governments. (The Local Assistance and Tribal Consistency Fund is a general revenue enhancement program that provides additional assistance to eligible counties and tribal governments for any governmental purpose except lobbying.) | 117 S5198 IS: Local Assistance Fairness Act U.S. Senate 2022-12-07 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. 5198 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Tester Ms. Murkowski Committee on Finance A BILL To amend title VI of the Social Security Act to make eligible revenue sharing consolidated governments eligible for payments from the Local Assistance and Tribal Consistency Fund, and for other purposes. 1. Short title This Act may be cited as the Local Assistance Fairness Act 2. Allowing payments to eligible revenue sharing consolidated governments from local assistance and tribal consistency fund Section 605 of the Social Security Act ( 42 U.S.C. 805 (1) in subsection (b)— (A) in paragraph (1), by striking For each of Subject to paragraph (3), for each of (B) by adding at the end the following new paragraph: (3) Payments to eligible revenue sharing consolidated governments In making allocations and payments under paragraph (1), the Secretary shall apply such paragraph by substituting eligible revenue sharing county and eligible revenue sharing consolidated government eligible revenue sharing county ; (2) in subsection (c), by striking or an eligible Tribal government , an eligible Tribal government, or an eligible revenue sharing consolidated government (3) in subsections (d) and (e), by inserting or eligible revenue sharing consolidated government eligible revenue sharing county (4) in subsection (f)— (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (B) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) Eligible revenue sharing consolidated government The term eligible revenue sharing consolidated government (A) a county, parish, or borough— (i) that has been classified by the Bureau of the Census as an active government consolidated with another government; and (ii) for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program; and (B) a unit of general local government described in section 6901(2)(A)(ii) of title 31, United States Code, for which a payment may be made to the State of Alaska under section 6902(a)(2) of that title. . | Local Assistance Fairness Act |
Coral Sustainability Through Innovation Act of 2022 This bill authorizes the federal agencies on the U.S. Coral Reef Task Force, which includes the National Oceanic and Atmospheric Administration, to carry out prize competitions that promote coral reef research and conservation. The prize competitions must be designed to help the United States achieve its goal of developing new and effective ways to advance the understanding, monitoring, and sustainability of coral reef ecosystems. Priority is given to establish programs that address communities, environments, or industries that are in distress due to the decline or degradation of coral reef ecosystems. | 117 S5199 IS: Coral Sustainability Through Innovation Act of 2022 U.S. Senate 2022-12-07 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. 5199 IN THE SENATE OF THE UNITED STATES December 7, 2022 Ms. Hirono Mr. Carper Mr. Merkley Mr. Markey Committee on Commerce, Science, and Transportation A BILL To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. 1. Short title This Act may be cited as the Coral Sustainability Through Innovation Act of 2022 2. Prize competitions to promote innovation in coral reef research and conservation The Coral Reef Conservation Act of 2000 ( 16 U.S.C. 6401 et seq. (1) by redesignating sections 208, 209, and 210 ( 16 U.S.C. 6407 (2) by inserting after section 207 the following: 208. Coral reef prize competitions (a) In general The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 ( 16 U.S.C. 6401 15 U.S.C. 3719 (b) Purposes Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems. (c) Priority programs Priority shall be given to establish programs under this section that address communities, environments, or industries that are in distress due to the decline or degradation of coral reef ecosystems, including— (1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including ocean acidification and its impacts on coral reproduction; (2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship; (3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems; (4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and (5) the development of adaptation and management options for impacted tourism industries. . | Coral Sustainability Through Innovation Act of 2022 |
Gateway to Careers Act of 2021 This bill establishes a career pathway grant program through which the Department of Education must award competitive grants to certain public institutions of higher education and postsecondary technical education schools. Grant recipients must use these funds to (1) carry out activities that support the development and implementation of career pathway programs, and (2) provide support services to students engaged in career pathway programs. | 117 S52 IS: Gateway to Careers Act of 2021 U.S. Senate 2021-01-26 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. 52 IN THE SENATE OF THE UNITED STATES January 26, 2021 Ms. Hassan Mr. Young Mr. Kaine Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To establish a career pathway grant program. 1. Short title This Act may be cited as the Gateway to Careers Act of 2021 2. Career Pathways Grant Program Title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161a BB Career Pathway Grant Program 899. Career Pathway Grant Program (a) Definitions In this section: (1) WIOA definitions The terms area career and technical education school career pathway in-demand industry sector or occupation individual with a barrier to employment industry or sector partnership integrated education and training local board recognized postsecondary credential State board 29 U.S.C. 3102 (2) Career pathway partnership (A) In General The term career pathway partnership (i) between an eligible institution, a workforce development partner described in subparagraph (B), and an education partner described in subparagraph (C); (ii) evidenced by a formal agreement between partners; and (iii) that is intended to support the development and implementation of a career pathway program. (B) Workforce development partner A workforce development partner described in subparagraph (A) means one or more of the following: (i) A local board or a State board. (ii) An industry association or other representative of multiple employers in the target industry, including an industry or sector partnership. (iii) A community-based organization with experience in providing employment, education, or support services relevant to the career pathway and student populations receiving services under the grant under this section. (C) Education partner An education partner described in subparagraph (A) means one or more of the following: (i) A local educational agency, as defined under section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (ii) An eligible provider, as defined under section 203 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3272 (iii) An institution of higher education, as defined in section 101, or a postsecondary vocational institution, as defined in section 102(c). (3) Eligible institution The term eligible institution (A) a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including 2-year Tribal Colleges or Universities under section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c (B) an area career and technical education school that provides education at the postsecondary level; or (C) a consortium of institutions described in subparagraph (A) or (B). (4) Evidence-based The term evidence-based (A) demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on— (i) strong evidence from not less than 1 well-designed and well-implemented experimental study; (ii) moderate evidence from not less than 1 well-designed and well-implemented quasi-experimental study; or (iii) promising evidence from not less than 1 well-designed and well-implemented correlational study with statistical controls for selection bias; (B) demonstrates a rationale based on high quality research finding or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and (C) includes ongoing efforts to examine the effects of such activity, strategy, or intervention. (5) Measurable skill gains The term measurable skill gains (6) Secretary The term Secretary (b) Program established The Secretary, in consultation with the Secretary of Labor, shall establish a career pathway grant program, through which the Secretary shall award grants, on a competitive basis, to eligible institutions in order to enable eligible institutions to carry out the activities described in subsection (e). (c) Application An eligible institution desiring to receive a grant under this section shall submit an application, at such time and in such manner as the Secretary may require, that includes the following information: (1) A description of the career pathway partnership, including the roles and responsibilities of each partner. (2) A description of the career pathway program that will be supported under the grant, including a description of the in-demand industry sectors or occupations that will be targeted and the recognized postsecondary credentials to be awarded. (3) A description of how the career pathway program supported under the grant are aligned and coordinated with other employment, education, and support services offered in the geographic area served under the grant. (4) A description of the student populations that will be served under the grant, including an analysis of any barriers to postsecondary access and completion that such populations face, and an analysis of how the services to be provided under the grant will address those barriers. (5) A description of the activities and services to be provided under this grant, consistent with the subsection (e). (6) A description of the performance outcomes that the eligible institution plans to achieve, including a description of how the eligible institution will evaluate and measure student progress and measurable skill gains along a career pathway. (7) Such other information as the Secretary may require. (d) Priority in awarding grants The Secretary shall award grants under this part in a manner that— (1) supports geographic diversity among grantees; (2) gives priority to eligible institutions that seek to serve individuals with a barrier to employment or individuals with a barrier to postsecondary education; and (3) gives priority to eligible institutions that will use grant funds for evidence-based activities. (e) Use of funds (1) Developing and implementing career pathway programs An eligible institution receiving a grant under this section shall use grant funds to carry out activities that support the development and implementation of career pathway programs, which shall include one or more of the following: (A) The planning and implementation of agreements between the eligible institution and other partners in the career pathway partnership to support seamless transitions between elements of the career pathway program offered by different partners, as appropriate. (B) The development and expansion of new or existing programs at the eligible institution that utilize integrated education and training strategies, and support multiple entry and exit points for working learners, which may include— (i) dual-enrollment approaches for secondary students or disconnected youth seeking to participate in a career pathway program; and (ii) strategies that help working students and other nontraditional and adult student populations access skills and recognized postsecondary credentials. (C) The provision of evidence-based professional development for faculty and other staff at the eligible institution or at partner organizations described under subparagraph (B) or (C) of subsection (a)(2) on the development and implementation of career pathways. (D) The acquisition of equipment necessary to support the delivery of career pathway programs supported through a grant under this section. (E) Any other evidence-based activities identified by the eligible institution or partners as necessary to support the development or implementation of career pathway programs, as long as such activities are clearly outlined in the grant application. (2) Student support services In addition to the activities described in paragraph (1), an eligible institution receiving a grant under this section shall use grant funds to provide student support services to students engaged in career pathway programs, which shall include— (A) the provision of direct support services such as childcare, transportation, mental health and substance use disorder treatment, assistance in obtaining health insurance coverage, and assistance in accessing the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 42 U.S.C. 1786 (B) offering career pathway navigation and case management services, including providing information and outreach to target populations to encourage individuals to take part in programs and service offerings; and (C) the provision of emergency grants to help students facing financial hardships that may impact enrollment or completion of an element of a career pathway program. (f) Duration of award A grant under this section shall be for a period of not more than 4 years. An eligible institution may apply for subsequent grants after the completion of a grant period. (g) Reports (1) Report to the Secretary Each eligible institution receiving a grant under this section shall submit a report to the Secretary, on an annual basis, describing— (A) the activities provided under the grant, including activities carried out directly by the eligible institution and activities carried out by partner organizations; (B) the students receiving services under the grant, disaggregated by age, race or ethnicity, gender, barriers to employment, and income; and (C) indicators of performance for students receiving services through a career pathway program carried out through a grant under this part, disaggregated by participant type as described in paragraph (2), including, at a minimum— (i) the percentage of program participants who are in unsubsidized employment prior to enrollment in the career pathway program; (ii) the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program; (iii) the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; (iv) the median earnings of program participants who are in unsubsidized employment prior to enrollment in the career pathway program; (v) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program; (vi) the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent, during participation in or within 1 year after exit from the program; (vii) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and (viii) the percentage of program participants receiving support services, disaggregated by type of service. (2) Report to Congress The Secretary shall submit a report to Congress, on a biennial basis, containing a summary of the information described in paragraph (1). (h) Evaluation The Secretary shall reserve not less than 1 percent and not more than 3 percent of the funds made available under subsection (i) for each fiscal year to— (1) conduct a rigorous, independent evaluation of the activities funded under this section; and (2) disseminate and promote the utilization of evidence-based practices related to career pathway programs for postsecondary students. (i) Authorization of appropriations There are authorized to be appropriated to carry out the activities described in this section, such sums as may be necessary for fiscal year 2022 and for each subsequent fiscal year thereafter. . | Gateway to Careers Act of 2021 |
Expanding Home Loans for Guard and Reservists Act This bill revises a provision that makes full-time National Guard members who serve for a specified period eligible for home loans from the Department of Veterans Affairs to instead make any individual who performed active service for the specified period eligible for the loans. | 117 S5200 IS: Expanding Home Loans for Guard and Reservists Act U.S. Senate 2022-12-07 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. 5200 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mrs. Shaheen Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to expand eligibility of members of the National Guard for housing loans guaranteed by the Secretary of Veterans Affairs. 1. Short title This Act may be cited as the Expanding Home Loans for Guard and Reservists Act 2. Expansion of eligibility of members of the National Guard for housing loans guaranteed by the Secretary of Veterans Affairs Section 3701(b)(7) of title 38, United States Code, is amended by striking full-time National Guard duty active service 3. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation | Expanding Home Loans for Guard and Reservists Act |
Helen Keller National Center Reauthorization Act of 2022 This bill reauthorizes through FY2027 the Helen Keller National Center for Youths and Adults Who Are Deaf-Blind. | 117 S5201 IS: Helen Keller National Center Reauthorization Act of 2022 U.S. Senate 2022-12-07 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. 5201 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mrs. Gillibrand Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the Helen Keller National Center for Youths and Adults Who Are Deaf-Blind. 1. Short title This Act may be cited as the Helen Keller National Center Reauthorization Act of 2022 2. Helen Keller National Center Reauthorized The first sentence of section 205(a) of the Helen Keller National Center Act ( 29 U.S.C. 1904(a) 1999 through 2003 2023 through 2027 | Helen Keller National Center Reauthorization Act of 2022 |
Abandoned Well Remediation Research and Development Act This bill requires the Department of Energy to establish a research, development, and demonstration program with respect to (1) data collection on the location of abandoned oil or gas wells; (2) the plugging, remediation, reclamation, and repurposing of the wells; and (3) strategies to mitigate potential environmental impacts of documented and undocumented abandoned wells. | 117 S5205 IS: Abandoned Well Remediation Research and Development Act U.S. Senate 2022-12-07 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. 5205 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Luján Mr. Cramer Committee on Energy and Natural Resources A BILL To amend the Infrastructure Investment and Jobs Act to require the Secretary of Energy to establish an abandoned wells research, development, and demonstration program, and for other purposes. 1. Short title This Act may be cited as the Abandoned Well Remediation Research and Development Act 2. Abandoned well remediation research and development (a) In general Title VI of division D of the Infrastructure Investment and Jobs Act ( Public Law 117–58 40602. Abandoned wells research, development, and demonstration program (a) Definition of abandoned well In this section, the term abandoned well (1) is not being used; (2) has not been plugged; and (3) has no anticipated use in oil and gas operations. (b) Establishment Not later than 120 days after the date of enactment of the Abandoned Well Remediation Research and Development Act (1) data collection on the location of abandoned wells; (2) the plugging, remediation, reclamation, and repurposing of abandoned wells; and (3) strategies to mitigate potential environmental impacts of documented and undocumented abandoned wells. (c) Activities Research, development, and demonstration activities carried out under the program established under subsection (b) shall include activities to improve— (1) remote sensor capabilities, LiDAR capabilities, optical gas imaging, magnetic survey technology, and any other technologies relevant to the efficient identification of abandoned wells; (2) understanding of how certain parameters of abandoned wells affect methane emission rates of the wells, including parameters such as well age, well depth, geology, construction, case material, and geographic region; (3) the efficiency and cost-efficacy of processes for plugging, remediating, reclaiming, and repurposing abandoned wells, including— (A) improvement of processes and technologies for the unique challenges associated with plugging remote abandoned wells; (B) use of low carbon, lightweight cement or use of alternative materials and additives for plugging purposes; and (C) repurposing of abandoned wells for alternative uses, including geothermal power production or carbon capture, utilization, and storage; and (4) understanding of the impacts of abandoned wells on groundwater quality and contamination. (d) Coordination In carrying out the program established under subsection (b), the Secretary shall ensure coordination of activities carried out under the program with— (1) institutions of higher education; (2) the National Laboratories; and (3) the private sector. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $30,000,000 for fiscal year 2023; (2) $31,250,000 for fiscal year 2024; (3) $32,500,000 for fiscal year 2025; (4) $33,750,000 for fiscal year 2026; and (5) $35,000,000 for fiscal year 2027. . (b) Clerical amendment The table of contents for the Infrastructure Investment and Jobs Act ( Public Law 117–58 Sec. 40602. Abandoned wells research, development, and demonstration program. . | Abandoned Well Remediation Research and Development Act |
Aviation Workforce Development Act This bill expands the aviation workforce development grant programs of the Federal Aviation Administration (FAA) by increasing annual funding for aircraft pilot development and the development of the aviation maintenance workforce. It also directs the FAA to establish a national strategic plan for addressing projected shortages of aviation workers in the aviation industry. | 117 S5208 IS: Aviation Workforce Development Act U.S. Senate 2022-12-07 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. 5208 IN THE SENATE OF THE UNITED STATES December 7, 2022 Ms. Klobuchar Mr. Thune Committee on Commerce, Science, and Transportation A BILL To enhance existing aviation workforce development pilot programs. 1. Short title This Act may be cited as the Aviation Workforce Development Act 2. Aviation maintenance workforce development program (a) Amendments to the advanced training facilities for maintenance technicians for air carrier aircraft grant program Section 44515 of title 49, United States Code, is amended— (1) in subsection (a), by striking not more than 4 (2) in subsection (c), by striking $5,000,000 $7,000,000 (b) Amendments to the aviation workforce development program Section 625 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 (1) in subsection (b)(1), by inserting and $7,000,000 for each of fiscal years 2024 through 2028 2023 (2) in subsection (d)(2)— (A) in subparagraph (E), by striking or (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following new subparagraph: (F) to acquire equipment necessary to deliver curriculum described in paragraph (1)(A); or . 3. National strategic plan for aviation workforce development (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall, to the extent practicable and in consultation with other Federal agencies and private individuals, establish a national strategic plan for addressing projected shortages of aviation workers in the aviation industry, including— (1) any short-term, medium-term, and long-term needs critical to the economy, national security, workforce readiness, environmental concerns, and priorities of the United States aviation sector, such as emergency readiness and resilience; and (2) any situation or condition that warrants special attention by the Federal Government. (b) Requirements The national strategic plan established under subsection (a) shall— (1) take into account the activities and accomplishments of all agencies in the Executive branch of the Federal Government that are related to carrying out such national strategic plan; and (2) include recommendations for legislation, regulations, and budget proposals to carry out such national strategic plan. | Aviation Workforce Development Act |
Student Loan Literacy Act of 2022 This bill provides funding for and establishes a grant program for community-based nonprofit student loan consumer assistance programs. Specifically, the bill directs the Department of Education (ED) to award grants to states for establishing, expanding, or providing support for community-based nonprofit student loan consumer assistance programs. These programs must provide assistance to borrowers of federal student loans, including by educating borrowers about their rights and responsibilities with respect to federal student loans. ED must (1) make publicly available through its website a list of programs receiving grant funds; and (2) ensure that each holder, servicer, and collector of federal student loans provides at least one federal student loan liaison to communicate with such assistance programs on various issues, including the handling of borrower complaints. | 117 S5209 IS: Student Loan Literacy Act of 2022 U.S. Senate 2022-12-07 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. 5209 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mrs. Gillibrand Mr. Booker Ms. Duckworth Ms. Klobuchar Mr. Merkley Mr. Padilla Committee on Health, Education, Labor, and Pensions A BILL To establish a grant program for States to fund community-based nonprofit student loan consumer assistance programs, and for other purposes. 1. Short title This Act may be cited as the Student Loan Literacy Act of 2022 2. Student loan consumer information (a) In general From amounts made available to carry out this section, the Secretary of Education shall award grants to States to enable such States to establish, expand, or provide support for community-based nonprofit student loan consumer assistance programs. (b) Application Each State desiring to receive a grant under this section shall submit to the Secretary of Education an application at such time and in such manner as the Secretary may require. Such application shall identify the community-based nonprofit student loan consumer assistance organization or organizations that will participate in the program funded under this section, and shall include a description of the program activities the State and such organization or organizations will carry out. (c) Use of funds With funds provided by a State under this section, a community-based nonprofit student loan consumer assistance program— (1) shall provide assistance to borrowers of Federal student loans, including— (A) receiving and responding to borrower inquiries and complaints concerning Federal student loans; (B) assisting borrowers with the filing of complaints and appeals with relevant Federal and State entities and Federal student loan lenders, holders, servicers, and collectors, as appropriate; (C) collecting, tracking, and quantifying problems and inquiries encountered by borrowers of Federal student loans; (D) educating borrowers about their rights and responsibilities with respect to Federal student loans; and (E) assisting borrowers with Federal student loan needs by providing information, referral, and assistance, including assistance resolving problems regarding Federal student loans; (2) shall consult with relevant Federal and State entities to assist borrowers with reporting, processing, and resolving issues and complaints related to Federal student loans; (3) shall collect data required to comply with the reporting requirements under subsection (d) (4) may file complaints and appeals on behalf of borrowers of Federal student loans in accordance with any regulations established by the Secretary of Education with respect to this paragraph. (d) Data collection and reporting (1) Annual report to States Each community-based nonprofit student loan consumer assistance program receiving funds under this section shall provide to the State providing such funds an annual report on the activities carried out by such program, which shall include— (A) the number of borrowers served by the program; (B) demographic data on the borrowers served by the program, including age, race, ethnicity, gender, and student or employment status, and if available, the income of such borrowers; (C) a list and description of the types of issues and complaints presented by borrowers served by the program, including identification of the most common problems encountered by such borrowers with respect to Federal student loans; (D) a description of the types of services provided to borrowers by the program; and (E) data related to the issues and complaints presented by borrowers served by the program, including— (i) the number of borrower issues or complaints the program referred to, or facilitated borrower contact with, a Federal or State entity or Federal student loan lender, holder, servicer, or collector; (ii) the number of such issues or complaints the program filed, on behalf of a borrower, with a Federal or State entity or Federal student loan lender, holder, servicer, or collector; and (iii) data on the outcomes of such issues and complaints, including the number of such issues or complaints that have been resolved, and whether a borrower considers an issue or complaint to be resolved satisfactorily. (2) State reports Not later than 30 days after receipt of an annual report described in paragraph (1) (3) Report by the Secretary Beginning 18 months after the date of enactment of this section, the Secretary of Education shall provide an annual report on the grant program carried out under this section to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, the entity in each State that is responsible for regulation of student loans, and any other Federal entity with responsibilities related to Federal student loans. Such report shall include areas of Federal student loan law, regulation, and administration that require increased enforcement or oversight, as identified by the Secretary using data reported by States in accordance with paragraph (2) (e) Outreach (1) National website Not later than 24 months after the date of enactment of this section, the Secretary of Education shall establish, maintain, and make readily available to the public through the Department of Education’s website a list of the community-based nonprofit student loan consumer assistance programs receiving funds under this section to assist borrowers with locating and contacting such a program in their community. (2) Federal student loan liaisons The Secretary of Education shall take such steps as may be necessary to ensure that each holder, servicer, and collector of Federal student loans provides at least one individual representative of the holder, servicer, or collector, referred to in this paragraph as a Federal student loan liaison (A) coordinate with community-based nonprofit student loan consumer assistance programs receiving funds under this section with respect to inquiries, issues, and complaints from borrowers, including the resolution of such inquiries, issues, and complaints; and (B) provide community-based nonprofit student loan consumer assistance programs receiving funds under this section with a direct method of communication to the individual or department of the holder, servicer, or collector who is responsible for handling escalated issues or complaints. (f) Definitions In this section: (1) Borrower The term borrower (2) Federal student loan The term Federal student loan 20 U.S.C. 1070 et seq. 20 U.S.C. 1002 (g) Funding (1) Initial funding There is hereby appropriated to the Secretary of Education, out of any funds in the Treasury not otherwise appropriated, $80,000,000 for the first fiscal year beginning after the date of enactment of this section, to remain available until expended. (2) Authorization for subsequent years In addition to amounts appropriated under paragraph (1) paragraph (1) | Student Loan Literacy Act of 2022 |
Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2021 This bill directs the U.S. Postal Service (USPS) to sell each copy of the Multinational Species Conservation Fund Semipostal Stamp and notify Congress when all copies have been sold. If the USPS destroys one or more such stamps before this bill's enactment, it shall print and sell the same number of such stamps. | 117 S521 IS: Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2021 U.S. Senate 2021-03-02 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 1st Session S. 521 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Mr. Portman Mr. Carper Mr. Markey Ms. Duckworth Mrs. Feinstein Committee on Homeland Security and Governmental Affairs A BILL To require the United States Postal Service to continue selling the Multinational Species Conservation Funds Semipostal Stamp until all remaining stamps are sold, and for other purposes. 1. Short title This Act may be cited as the Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2021 2. Reauthorization; requirement to sell all stamps (a) In general Section 2(c) of the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 ( 39 U.S.C. 416 Public Law 111–241 (1) in paragraph (2)— (A) by striking of at least 6 years, (B) by inserting before the period at the end the following: and ending not earlier than the date on which the United States Postal Service provides notice to Congress under paragraph (5) (2) by adding at the end the following: (5) Requirement to sell all stamps printed (A) In general The United States Postal Service shall sell each copy of the Multinational Species Conservation Fund Semipostal Stamp that the United States Postal Service prints under this Act. (B) Notification of Congress The United States Postal Service shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives when all copies of the Multinational Species Conservation Fund Semipostal Stamp printed under this Act have been sold. . (b) Retroactive applicability (1) In general The amendments made by subsection (a) shall take effect as if enacted on the day after the date of enactment of the Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2013 ( Public Law 113–165 (2) Consequence of destruction of stamps If the United States Postal Service destroys 1 or more Multinational Species Conservation Fund Semipostal Stamps before the date of enactment of this Act, the United States Postal Service shall print and sell the same number of such stamps on or after that date of enactment. | Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act of 2021 |
Crypto-Asset Environmental Transparency Act of 2022 This bill establishes greenhouse gas emission reporting and related requirements for certain crypto-asset (e.g., Bitcoin) mining operations. | 117 S5210 IS: Crypto-Asset Environmental Transparency Act of 2022 U.S. Senate 2022-12-07 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. 5210 IN THE SENATE OF THE UNITED STATES December 7, 2022 Mr. Markey Mr. Merkley Committee on Environment and Public Works A BILL To require an interagency study on the environmental and energy impacts of crypto-asset mining, to assess crypto-asset mining compliance with the Clean Air Act, and for other purposes. 1. Short title This Act may be cited as the Crypto-Asset Environmental Transparency Act of 2022 2. Findings Congress finds that— (1) human activity is the dominant cause of observed climate change in the past century; (2) climate change is increasing the frequency and intensity of wildfires, droughts, severe storms, heat waves, rising of sea levels, and severe weather events; (3) the Federal Government has— (A) committed under the decision of the 21st Conference of Parties of the United Nations Framework Convention on Climate Change, adopted in Paris, France, December 12, 2015 (commonly referred to as the Paris Agreement (B) a responsibility to mitigate current and future impacts of climate change to protect the health, safety, and welfare of individuals of the United States; (4) crypto-asset mining operations— (A) can be energy intensive; and (B) unlike most other technologies, are often designed to generally increase computing requirements over time, which can lead to increased energy consumption; (5) a crypto-asset network, Bitcoin, consumes more energy annually than countries such as Chile or Bangladesh consume; (6) crypto-asset mining operations often rely on fossil fuels for power, which contributes to greenhouse gas emissions; (7) the carbon dioxide emissions of the United States from Bitcoin mining were estimated at 21 to 35 megatons per year in 2022, which is equivalent to the annual emissions from more than 4,500,000 to 7,500,000 gasoline-powered cars driven for 1 year; (8) crypto-asset mining can also cause local noise and water pollution; (9) the number of crypto-asset mining facilities in the United States is increasing, and the share of the United States of global Bitcoin mining rose from 3.5 percent in 2020 to 38 percent in 2022; (10) crypto-asset mining is an emergent industry, and the potential of crypto-asset mining to exacerbate systemic racial, social, environmental, and economic injustices is not sufficiently understood; (11) there is no comprehensive, independent study of crypto-asset mining operations in the United States, including the energy use, resource mix, and greenhouse gas emissions of those crypto-asset mining operations; and (12) one of the primary recommendations of the report of the Office of Science and Technology Policy entitled Climate and Energy Implications of Crypto-Assets in the United States 3. Definitions In this Act: (1) Administrator The term Administrator (2) Air pollutant The term air pollutant 42 U.S.C. 7602 (3) Block The term block (4) Blockchain The term blockchain (A) the data are shared across a network that creates a digital ledger of verified transactions or information among network participants; and (B) the data are typically linked using cryptography to maintain the integrity of the ledger and execute other functions, including transfer of ownership or value. (5) Consensus mechanism The term consensus mechanism (6) Crypto-asset The term crypto-asset (7) Crypto-asset mining The term crypto-asset mining (8) Power load The term power load (9) Qualifying crypto-asset mining operation The term qualifying crypto-asset mining operation (A) an individual crypto-asset mining facility that has a power load that is greater than or equal to 5 megawatts; or (B) multiple crypto-asset mining facilities that— (i) are owned by the same company; and (ii) (I) each have a power load that is less than 5 megawatts; but (II) have a cumulative power load that is greater than or equal to 5 megawatts. (10) Scope 1 emissions The term scope 1 emissions (11) Scope 2 emissions The term scope 2 emissions (12) Secretary The term Secretary 4. Compliance with the Clean Air Act (a) Rulemaking required (1) Proposed regulation Not later than 1 year after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking to revise part 98 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)— (A) to require qualifying crypto-asset mining operations to report as covered facilities under subpart A of that part; (B) to add a new subpart to that part that includes qualifying crypto-asset mining operations as a source category; (C) to include in the new subpart created under subparagraph (B) appropriate calculation methodologies, reporting guidelines, and monitoring operations of, with respect to qualifying crypto-asset mining operations, scope 1 emissions and scope 2 emissions; and (D) to designate the qualifying crypto-asset mining operations source category established pursuant to subparagraph (B) as a source category that is subject to greenhouse gas reporting requirements and related monitoring, recordkeeping, and reporting requirements under section 98.2 of that title, regardless of whether a qualifying crypto-asset mining operation emits at least 25,000 metric tons of carbon dioxide-equivalent. (2) Final Rule Not later than 180 days after the date on which the public comment period on the proposed rule under paragraph (1) closes, the Administrator shall issue a final rule revising part 98 of title 40, Code of Federal Regulations. (b) Assessment Not later than 1 year after the date on which the Administrator finalizes the rule required under subsection (a), the Administrator shall, pursuant to section 114(a) of the Clean Air Act ( 42 U.S.C. 7414(a) 42 U.S.C. 7401 et seq. (c) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for fiscal year 2023, to remain available until expended. (d) Savings provision Nothing in this section limits the ability of the Administrator to require the reporting of emissions of any type in another source category. 5. Impact study (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary, the Administrator of the Energy Information Administration, the Federal Energy Regulatory Commission, and the head of any other Federal agency the Administrator or the Secretary determines appropriate, shall conduct a study on the environmental impacts of crypto-asset mining in the United States. (b) Study Requirements The study required under subsection (a) shall include— (1) the number and location of any existing or planned qualifying crypto-asset mining operation; (2) the amount of greenhouse gas emissions and other air pollutants that are— (A) released by an onsite energy source; and (B) attributable to offsite-generated electricity, steam, heat, or cooling provided to a qualifying crypto-asset mining operation; (3) the anticipated increase of new, and expansion of existing, qualifying crypto-asset mining operations; (4) the potential impacts of electric energy consumption by qualifying crypto-asset mining operations, including by prolonging the use of fossil fuel generators, on the ability of the United States to achieve the greenhouse gas emission reductions necessary to keep global warming below 1.5 degrees Celsius compared to pre-industrial levels; (5) the ecological impacts, including ecological impacts associated with electronic waste generation and the use or discharge of cooling water, caused by qualifying crypto-asset mining operations; (6) the potential public health impacts due to the reduced air and water quality and increased water stress on communities near qualifying crypto-asset mining operations; (7) the potential public health impacts from greenhouse gas emissions released by qualifying crypto-asset mining operations; (8) the potential public health and ecological impacts from noise generated by qualifying crypto-asset mining operations; (9) the amount of electric energy consumed by each qualifying crypto-asset mining operation, including the time of use of electricity and the potential grid stress posed by the power load of the qualifying crypto-asset mining operation; (10) the source of electric energy consumed by each qualifying crypto-asset mining operation; (11) the aggregated energy-use statistics and greenhouse gas emissions statistics for qualifying crypto-asset mining operations in the United States; (12) an analysis of energy use and greenhouse gas emissions by type of consensus mechanism; (13) an analysis of demand-response programs negotiated between qualifying crypto-asset mining operations and electric utilities; (14) an analysis of potential rate-design measures that could be implemented by State and local regulators to reduce the energy consumption and dependence on fossil fuel energy sources of crypto-asset mining operations; (15) a geospatial assessment of the extent to which crypto-asset mining operations are located within environmental justice communities, as defined by the Administrator or within the Climate and Economic Justice Screening Tool of the Council on Environmental Quality; and (16) an identification of, and recommendations for, best practices for data types, data sources, and methodologies for accurately measuring, modeling, and tracking the environmental impacts of crypto-asset mining operations in the United States in the future. (c) Public Comment Before conducting the study required by subsection (a), the Administrator shall provide an opportunity for public comment and advice relevant to conducting the study. (d) Report to Congress Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate, and publish on the public websites of the Environmental Protection Agency and the Department of Energy, a report that contains the results of the study required by subsection (a). (e) Authorization of Appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for fiscal year 2023, to remain available until expended. 6. Energy efficiency of data center buildings Section 453(a)(1) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17112(a)(1) (1) in subparagraph (A), by striking ‘‘or’’ at the end after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: (C) a facility in which 2 or more computers perform logical operations to mine or create crypto-asset (as defined in section 3 of the Crypto-Asset Environmental Transparency Act of 2022 . | Crypto-Asset Environmental Transparency Act of 2022 |
Methane Emissions Research Act of 2022 This bill requires the Environmental Protection Agency to conduct a methane research pilot study to quantify methane emissions from infrastructure used for the production, gathering and boosting, processing, transmission, and storage of oil and natural gas in the United States. | 117 S5214 IS: Methane Emissions Research Act of 2022 U.S. Senate 2022-12-08 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. 5214 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Merkley Mr. Whitehouse Committee on Environment and Public Works A BILL To direct the Administrator of the Environmental Protection Agency to conduct a measurement-based national methane research pilot study to quantify methane emissions from certain oil and gas infrastructure, and for other purposes. 1. Short title This Act may be cited as the Methane Emissions Research Act of 2022 2. National methane research pilot study (a) Definitions In this section: (1) Administrator The term Administrator (2) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (3) Covered oil and gas infrastructure (A) In general The term covered oil and gas infrastructure (B) Exclusion The term covered oil and gas infrastructure (4) Methane census The term methane census (A) be undertaken on a recurring basis; and (B) encompass all 7 regions. (5) Pilot study The term pilot study (6) Region The term region (b) Pilot study required The Administrator, in consultation with the Secretary of Energy, the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Pipeline and Hazardous Materials Safety Administration, the Director of the National Institute of Standards and Technology, and the heads of other Federal agencies as the Administrator determines appropriate, shall conduct a measurement-based national methane research pilot study to quantify methane emissions from covered oil and gas infrastructure. (c) Requirements (1) In general In carrying out the pilot study, the Administrator shall— (A) select 2 regions within which to carry out the pilot study; (B) identify areas consisting primarily of covered oil and gas infrastructure within each region selected under subparagraph (A); (C) develop and implement methodologies and procedures for a measurement-based evaluation of methane emissions from the covered oil and gas infrastructure described in subparagraph (B); (D) assess diverse approaches to the characterization of methane emissions from the covered oil and gas infrastructure described in subparagraph (B); and (E) consult with Federal, State, local, academic, nonprofit, and private sector entities, as appropriate. (2) Technologies In carrying out the pilot study, the Administrator shall— (A) employ a technology or suite of technologies for methane emissions measurement, research, and analysis; and (B) to the extent practicable, consider using innovative technologies for methane emissions measurement and quantification. (d) Report Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress, and make publicly available, a report assessing the results of the pilot study, which shall include— (1) an overview of the findings of the pilot study with respect to the quantification and characterization of methane emissions from covered oil and gas infrastructure; (2) an analysis of how the pilot study could support and inform the development and implementation of a methane census, which shall include an analysis of— (A) the feasibility of evaluating the amount of methane emissions from covered oil and gas infrastructure by region, industry segment, type of emission source, or any other criterion, as a component of a methane census; (B) the necessary scope of measurement-based activities within regions in order to carry out a methane census; (C) any onshore or offshore gaps within the scope of the pilot study that could merit inclusion as a part of a methane census; (D) the estimated budget that would be required to oversee a methane census; and (E) any other relevant topic, as determined by the Administrator; (3) an analysis of how the measurement-based evaluation of methane emissions from covered oil and gas infrastructure, as completed by the pilot study or contemplated for a methane census, could support efforts to reconcile data generated by top-down methods and bottom-up methods of analysis of methane emissions from covered oil and gas infrastructure with respect to the Inventory of U.S. Greenhouse Gas Emissions and Sinks of the Environmental Protection Agency, which shall include an analysis of— (A) how methane emissions data from the pilot study or a methane census could be used as a part of a reconciliation process to better understand and improve data estimates from both top-down methods and bottom-up methods of analysis of methane emissions from covered oil and gas infrastructure; (B) how methane emissions data from the pilot study or a methane census could identify and help to explore any significant discrepancies between top-down methods and bottom-up methods of analysis of methane emissions from covered oil and gas infrastructure; and (C) any other relevant topic, as determined by the Administrator; (4) a description of any research or technology gaps that were identified during the course of the pilot study and could merit additional study to support the improvement of methane emissions measurement and quantification; and (5) a description of the methodology of the pilot study that, to the greatest extent practicable and consistent with appropriate protections for confidential business information and intellectual property, as determined by the Administrator, includes a discussion of— (A) study design; (B) measurement techniques; (C) efforts to account for additional significant sources of methane emissions within a region; and (D) assumptions and uncertainties in the results of the pilot study. (e) Methane emissions data interoperability (1) In general The Administrator, to the greatest extent practicable, shall ensure that all data collected as part of the pilot study adheres to data and metadata standards determined appropriate by the Administrator to support the public findability, accessibility, interoperability, and reusability of those data. (2) Consultation In carrying out paragraph (1), the Administrator shall consult with the heads of other Federal agencies, as appropriate— (A) to facilitate effective data sharing regarding methane emissions measurement and quantification data; and (B) to ensure that methane emissions measurement and quantification data gathered by those other Federal agencies can be converted to a format that is consistent with the methodologies and procedures of the pilot study. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000, to remain available until expended. | Methane Emissions Research Act of 2022 |
Collaborative Modifications to Aging Infrastructure Projects Act This bill allows the Bureau of Reclamation to modify project features for transferred works to increase public benefits as part the bureau's extraordinary operation and maintenance work on aging infrastructure projects. The bill also allows the reimbursable and nonreimbursable costs of these projects to be advanced from the Aging Infrastructure Account. | 117 S5215 IS: Collaborative Modifications to Aging Infrastructure Projects Act U.S. Senate 2022-12-08 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. 5215 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mrs. Feinstein Mr. Padilla Committee on Energy and Natural Resources A BILL To amend the Omnibus Public Land Management Act of 2009 to authorize the modification of transferred works to increase public benefits and other project benefits as part of extraordinary operation and maintenance work, and for other purposes. 1. Short title This Act may be cited as the Collaborative Modifications to Aging Infrastructure Projects Act 2. Extraordinary operation and maintenance work; project modification (a) Definitions Section 9601 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510 (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (4), (7), (9), (10), (11), (12), and (3), respectively, and moving the paragraphs so as to appear in numerical order; (2) by inserting before paragraph (3) (as so redesignated) the following: (1) Adverse impact The term adverse impact (A) the project with the original capacity restored, if the extraordinary operation and maintenance work under section 9603 is intended to restore lost project capacity; (B) the project prior to undertaking the planning and design, if the extraordinary operation and maintenance work under section 9603 is for any purpose other than to restore lost project capacity; or (C) project operations of the modified project without an increase in benefits for a new project beneficiary under section 9603(e)(1)(E). (2) Disadvantaged community The term disadvantaged community low-income community section 45D(e) ; (3) by inserting after paragraph (4) (as so redesignated) the following: (5) New benefit The term new benefit (A) the project with the original capacity restored, if the extraordinary operation and maintenance work under section 9603 is intended to restore lost project capacity; or (B) the project prior to undertaking the planning and design, if the extraordinary operation and maintenance work under section 9603 is for any purpose other than to restore lost project capacity. (6) Project beneficiary The term project beneficiary 43 U.S.C. 371 et seq. ; and (4) by inserting after paragraph (7) (as so redesignated) the following: (8) Public benefit The term public benefit (A) a public benefit identified under the reclamation laws; or (B) a drinking water benefit for 1 or more disadvantaged communities, including through groundwater recharge, if— (i) the drinking water meets applicable regulatory standards; (ii) the drinking water benefit exceeds express mitigation or compliance requirements under Federal or State law; (iii) the modified project reduces the unit cost per volume, improves water quality, or increases the reliability or quantity of the drinking water supply of the disadvantaged community as compared to the condition of the drinking water or other sources of drinking water available before the modification of the project; (iv) the drinking water benefit is quantified in a public process to determine the scope of funding; and (v) negative impacts on water quality for other communities are not caused as part of the modified project. . (b) Reimbursement of costs Section 9603(b) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b(b) (1) in paragraph (2), by striking the costs from the Aging Infrastructure Account established by subsection (d)(1) the costs, including reimbursable costs and nonreimbursable costs, (2) by adding at the end the following: (4) Determination of nonreimbursable costs Any costs advanced under paragraph (2) that are allocated to nonreimbursable purposes of the project, including costs to restore or add a public benefit, shall be considered to be nonreimbursable costs. . (c) Aging infrastructure account conforming amendments Section 9603(d) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b(d) (1) in paragraph (1), in the matter preceding subparagraph (A), by striking the funds reimbursable funds (2) in paragraph (2)— (A) by striking to fund to fund, (B) by striking the funds for reimbursable funds for, (3) in paragraph (3)(A), by striking the amounts the reimbursable amounts (4) in paragraph (4)(B)(i), by inserting , including projects under subsection (e) this section (d) Authorization To modify transferred works To increase public benefits and other project benefits as part of extraordinary operation and maintenance work Section 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b (e) Authorization To modify transferred works To increase public benefits and other project benefits as part of extraordinary operation and maintenance work (1) Authorization; requirements (A) In general The Secretary, in consultation with any transferred works operating entity and any project beneficiaries and as part of extraordinary operation and maintenance work under this section, may develop and carry out a proposal to modify project features for transferred works to increase public benefits and other project benefits, including carrying out a feasibility study and conducting any applicable environmental analysis required for the proposal, subject to subparagraphs (B) through (G). (B) Maximum cost The maximum amount that may be added to the original project cost as a result of a project modification under subparagraph (A) shall not exceed— (i) an amount equal to 25 percent of the original cost of the project, in the case of a project for which the original cost of the project exceeds $100,000,000; or (ii) $25,000,000, in the case of a project for which the original cost of the project is not more than $100,000,000. (C) Public benefits In the case of a project modification under subparagraph (A), not less than 50 percent of the new benefits provided by the modification of the project shall be public benefits. (D) Written consent required A project modification under subparagraph (A) shall not be constructed until the date on which the Secretary has obtained the written consent of— (i) the transferred works operating entity, if applicable; and (ii) consistent with paragraph (2), any project beneficiary that would experience an adverse impact as a result of the modification of the project. (E) Adverse impact Any benefits that accrue to a new project beneficiary resulting from operations of the modified project shall not be increased without the consent of existing project beneficiaries that would experience an adverse impact as a result of the modification of the project. (F) Reimbursement of costs The costs of planning, design, and environmental compliance for a project modification under subparagraph (A) shall be reimbursed in accordance with subsection (b), except that any of the costs that would otherwise be allocated to a project beneficiary shall be considered nonreimbursable if the project beneficiary does not receive any increase in long-term average annual water deliveries as a result of the modification. (G) Eligibility of certain project modifications If a project modification that is otherwise eligible under subparagraph (A) is in the planning, design, or construction phase as of December 31, 2022, the project modification shall remain eligible to be developed under that subparagraph. (2) Procedure for obtaining consent and time limitation (A) Initial determination The Secretary shall initially determine whether the consent of a project beneficiary is required prior to construction under paragraph (1)(D) based on whether the modification or subsequent operations of the modified project would have any adverse impacts on a project beneficiary. (B) Written request for consent The Secretary shall provide to the transferred works operating entity, if any, and any project beneficiaries, in writing— (i) a description of the proposed modification and subsequent operations of the project; and (ii) (I) a request for consent under paragraph (1)(D); or (II) (aa) an explanation that the Secretary has determined that no consent is required under paragraph (1)(D); and (bb) a statement that if the project beneficiary believes that the consent of the project beneficiary is required, the project beneficiary shall send to the Secretary a reply not later than 30 days after the date of receipt of the notice that includes an explanation of the reasons that the project beneficiary would experience adverse impacts as a result of the project modification. (C) Final determination (i) Written response The Secretary shall respond in writing to any reply from a project beneficiary under subparagraph (B)(ii)(II)(bb) stating whether or not the Secretary determines that the project beneficiary would experience adverse impacts as a result of the project modification. (ii) Final agency action A written determination by the Secretary under clause (i) shall be considered to be a final agency action for purposes of section 704 of title 5, United States Code. (iii) Written request If the Secretary determines under clause (i) that the project beneficiary would experience adverse impacts as a result of the project modification, the Secretary shall send to the project beneficiary a written request for consent in accordance with subparagraph (B)(ii). (D) Time period for consent (i) In general If written consent required under paragraph (1)(D) is not obtained by the date that is 1 year after the date on which written consent is requested under subparagraph (B)(ii), the Secretary or the transferred works operating entity, as applicable, shall proceed with extraordinary operation and maintenance work of the project without the modification, unless the Secretary extends the time for consent under clause (ii). (ii) Extension At the discretion of the Secretary, the Secretary may elect to extend the time for obtaining consent under paragraph (1)(D) by 1 year. (3) Reallocation of costs based on project changes and increased public benefits The Secretary shall allocate costs, including capital repayment costs and operation and maintenance costs, for a project modification under paragraph (1), to provide that— (A) the public benefits provided by the modified project, including associated annual operation and maintenance costs, shall be nonreimbursable; and (B) the cost allocation of reimbursable costs to each project beneficiary reflects any changes in the benefits that the modified project is providing to the project beneficiary. (4) Incentive for benefitting entities to participate in projects with increased public benefits The total amount of reimbursable capital costs, as determined under paragraph (3), for a project modification that would increase public benefits without increasing municipal, industrial, or irrigation benefits of a project, shall be reduced by 15 percent, with each project beneficiary to be responsible for 85 percent of the reimbursable costs that would otherwise be allocated to the project beneficiary. (5) Reimbursable funds All reimbursable costs under this subsection shall be repaid in accordance with subsection (b). . | Collaborative Modifications to Aging Infrastructure Projects Act |
Use it or Lose it Act of 2022 This bill requires holders of certain offshore and onshore oil and gas leases to diligently develop their leases. The Department of the Interior may assess an annual fee against a leaseholder who fails to appropriately develop a lease. | 117 S5217 IS: Use it or Lose it Act of 2022 U.S. Senate 2022-12-08 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. 5217 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Menendez Mr. Reed Committee on Energy and Natural Resources A BILL To promote the diligent development of Federal oil and gas leases, and for other purposes. 1. Short title This Act may be cited as the Use it or Lose it Act of 2022 2. Definitions In this Act: (1) Covered lease The term covered lease (A) section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (B) the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. (2) Secretary The term Secretary 3. Diligent development of Federal oil and gas leases (a) Clarification of existing law Each covered lease shall be diligently developed by the person holding the covered lease to ensure timely production from the covered lease. (b) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations with respect to covered leases that— (1) establish requirements and benchmarks for oil and gas development that will ensure that leaseholders— (A) diligently develop each covered lease; and (B) to the maximum extent practicable, produce oil and gas from each covered lease during the primary term of the covered lease; (2) require each leaseholder to submit to the Secretary a diligent development plan describing how the lessee will meet the benchmarks established under paragraph (1); and (3) in establishing requirements under paragraphs (1) and (2), take into account the differences in development conditions and circumstances in the areas to be developed. 4. Nonproducing lease fee (a) Definition of nonproducing lease In this section, the term nonproducing lease (b) Authorization of nonproducing lease fee The Secretary shall charge to each person who holds a nonproducing lease an annual, nonrefundable fee, in an amount determined by the Secretary under subsection (c), for each nonproducing lease held by the person. (c) Amount (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish the fee authorized under subsection (b) in an amount determined by the Secretary to be sufficient to adequately incentivize the use of covered leases, but not less than $10 per acre per year for each nonproducing lease. (2) Increase The Secretary shall by regulation, at least once every 5 years, adjust the amount of the fee established under paragraph (1) to reflect any increase in inflation. (d) Deposit Amounts collected as fees authorized under subsection (b) shall be deposited in the general fund of the Treasury. | Use it or Lose it Act of 2022 |
Clarifying Civil Rights Remedies Act of 2022 This bill specifies that damages in certain civil rights lawsuits may include all types of compensatory damages, including for emotional harm. | 117 S5218 IS: Clarifying Civil Rights Remedies Act of 2022 U.S. Senate 2022-12-08 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. 5218 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mrs. Murray Mr. Durbin Ms. Baldwin Mr. Blumenthal Mr. Booker Mr. Brown Mr. Casey Ms. Duckworth Mrs. Feinstein Mr. Kaine Mr. Sanders Mr. Whitehouse Committee on Health, Education, Labor, and Pensions A BILL To amend the civil rights remedies equalization provision of the Rehabilitation Act Amendments of 1986 to clarify civil rights remedies. 1. Short title This Act may be cited as the Clarifying Civil Rights Remedies Act of 2022 2. Purposes (a) Purposes The purposes of this Act are— (1) to remedy and deter violations of rights guaranteed under section 504 of the Rehabilitation Act of 1973, section 1557 of the Patient Protection and Affordable Care Act, title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and title VI of the Civil Rights Act of 1964, by safeguarding the availability of damages for emotional harm in actions alleging violations of these laws; and (2) to invoke the sweep of congressional authority, including the power to enforce the Equal Protection Clause of the 14th Amendment to the Constitution of the United States and to set the terms on which Congress disburses Federal money under the Spending Clause of section 8 of article I of the Constitution, in order to remedy and deter discrimination on the basis of disability, race, color, national origin, age, and sex that people face every day. 3. Civil rights remedies Section 1003 of the Rehabilitation Act Amendments of 1986 ( 42 U.S.C. 2000d–7 (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following: (b) Compensatory damages Remedies at law available for a violation of a section or other provision referred to in subsection (a)(1), in a suit against any entity, private or public, including a State, shall include all types of compensatory damages, including damages for emotional harm. ; and (3) by amending subsection (c), as amended by paragraph (1), to read as follows: (c) Effective date The provisions of subsection (a) shall take effect with respect to violations that occur in whole or in part after October 21, 1986. Subsection (b) shall take effect with respect to violations for which a court has not rendered a final decision on the date of enactment of the Clarifying Civil Rights Remedies Act of 2022. . | Clarifying Civil Rights Remedies Act of 2022 |
Restaurant Revitalization Tax Credit Act This bill allows certain restaurants affected by the COVID-19 pandemic a credit against payroll tax liability up to 100% of the wages paid to their employees, not to exceed $25,000 in any calendar quarter. | 117 S5219 IS: Restaurant Revitalization Tax Credit Act U.S. Senate 2022-12-08 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. 5219 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Cardin Mr. Brown Mrs. Murray Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID–19 pandemic. 1. Short title This Act may be cited as the Restaurant Revitalization Tax Credit Act 2. Restaurant revitalization credit (a) In general Subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 3135. Restaurant revitalization credit (a) In general In the case of an eligible employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 100 percent of the wages with respect to each employee of such employer for such calendar quarter. (b) Limitations and refundability (1) In general The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. (2) Credit limited to employment taxes The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. For purposes of the preceding sentence, the credit allowed under subsection (a) shall be applied first against applicable employment taxes described in subsection (c)(1)(A). (3) Partial refundability of excess credit (A) In general If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). (B) Applicable employer refund limitation For purposes of subparagraph (A), the applicable employer refund limitation is the excess of— (i) $25,000, over (ii) the amount of credit treated as an overpayment of the eligible employer by reason of this paragraph for all preceding calendar quarters. (C) Reduction based on number of employees In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. (c) Definitions For purposes of this section— (1) Applicable employment taxes The term applicable employment taxes (A) The taxes imposed under section 3111(a). (B) The taxes imposed under section 3111(b). (2) Eligible employer (A) In general The term eligible employer (i) which is an eligible entity (as defined in section 5003(a) of the American Rescue Plan Act of 2021) which— (I) was established before March 14, 2020, (II) submitted an application for a grant under section 5003(c) of such Act in accordance with the procedures established by the Administrator of the Small Business Administration under such section, (III) certifies to the Secretary (in such form and manner as the Secretary requires) that such employer was eligible for a grant under such section, and (IV) did not receive any grant funds under such section due to a lack of funding, (ii) which paid applicable employment taxes with respect to pay periods occurring in at least 2 calendar quarters of calendar year 2021, and (iii) which meets the gross receipts test of subparagraph (B). (B) Gross receipts test An employer meets the gross receipts test of this subparagraph if— (i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or (ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. (C) Applicable calendar year For purposes of this paragraph, the term applicable calendar year (i) Calendar year 2020. (ii) Calendar year 2021. (D) Special rule for employers not in existence for entirety of 2019 In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of— (i) the number of days during 2019 during which such employer was in existence, to (ii) 365. (E) Special rule for employers not in existence before 2020 In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph— (i) the amount of gross receipts for calendar year 2019 shall be equal to the product of— (I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and (II) the ratio of 366 to the number of days in the period described in subclause (I), and (ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of— (I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and (II) the ratio of 366 to the number of days in the period described in subclause (I). (3) Wages (A) In general The term wages (B) Exception Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. (4) Other terms Any term used in this section which is also used in this chapter shall have the same meaning as when used in this chapter. (d) Aggregation rule All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. (e) Election To not take certain wages into account This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. (f) Third party payors Any credit allowed under this section shall be treated as a credit described in section 3511(d)(2). (g) Treatment of deposits The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. (h) Extension of limitation on assessment Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of— (1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or (2) the date on which such return is treated as filed under section 6501(b)(2). (i) Regulations and guidance The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary— (1) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and (2) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees. Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. (j) Application This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024. . (b) Refunds Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting “3135,” after “3134”. (c) Clerical amendment The table of sections for subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following: Sec. 3135. Restaurant revitalization credit. . (d) Coordination with Small Business Administration The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 (e) Effective date The amendments made by this section shall apply to calendar quarters beginning after December 31, 2022. | Restaurant Revitalization Tax Credit Act |
Providing Accountability Through Transparency Act of 2021 This bill requires the notice of a proposed rule by a federal agency to include the internet address of a summary of the rule. The summary must be 100 words or fewer, written in plain language, and posted on regulations.gov. | 117 S522 IS: Providing Accountability Through Transparency Act of 2021 U.S. Senate 2021-03-02 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 1st Session S. 522 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Mr. Lankford Ms. Sinema Mr. Risch Mr. Johnson Committee on Homeland Security and Governmental Affairs A BILL To require each agency, in providing notice of a rule making, to include a link to a 100-word plain language summary of the proposed rule. 1. Short title This Act may be cited as the Providing Accountability Through Transparency Act of 2021 2. Requirement to post a 100-word summary to regulations.gov Section 553(b) of title 5, United States Code, is amended— (1) in paragraph (2) , and (2) in paragraph (3), by striking the period at the end and inserting ; and (3) by inserting after paragraph (3) the following: (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ( 44 U.S.C. 3501 . | Providing Accountability Through Transparency Act of 2021 |
Small Business Administration Reauthorization and Modernization Act of 2022 This bill modifies and reauthorizes various Small Business Administration programs, including the Women's Business Center program, the Small Business Development Center program, the SCORE business mentoring program, and the State Trade Expansion Program. It also provides for business ownership and entrepreneurship training to veterans. | 117 S5220 IS: Small Business Administration Reauthorization and Modernization Act of 2022 U.S. Senate 2022-12-08 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. 5220 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Cardin Committee on Small Business and Entrepreneurship A BILL To reauthorize programs of the Small Business Administration, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Small Business Administration Reauthorization and Modernization 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. Definitions. TITLE I—Women's Business Centers Improvement Act of 2022 Sec. 101. Short title. Sec. 102. Amendments to Women's Business Center Program. Sec. 103. Effect on existing grants. Sec. 104. Regulations. TITLE II—Small Business Development Centers Improvement Act of 2022 Sec. 201. Short title. Sec. 202. Annual report on entrepreneurial development programs. Sec. 203. Marketing of services. Sec. 204. Data collection working group. Sec. 205. Oversight; fees from private partnerships and cosponsorships; negotiation. Sec. 206. Equity for small business development centers. Sec. 207. Confidentiality requirements. Sec. 208. Limitation on award of grants to small business development centers. Sec. 209. Authorization of appropriations for formula grants received by States. Sec. 210. Requirements relating to matching funds. Sec. 211. Duties of the Associate Administrator for Small Business Development Centers. Sec. 212. Determination of budgetary effects. TITLE III—SCORE for Small Business Act of 2022 Sec. 301. Short title. Sec. 302. SCORE Program provisions and requirements. Sec. 303. Authorization of appropriations for the SCORE program. Sec. 304. Reporting requirements. Sec. 305. Technical and conforming amendments. TITLE IV—Federal Contracting Fairness Act of 2022 Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Definitions. Sec. 404. Duration of participation; ramp-up period; transition period. Sec. 405. Administrative requirements for 8(a) firms. Sec. 406. SBA representation on the Federal Acquisition Regulation Council. Sec. 407. Office of Small and Disadvantaged Business Utilization; Director. Sec. 408. Sole source thresholds. Sec. 409. Mentor-protege program. Sec. 410. Certification process. Sec. 411. Repeal of bonafide office rule. Sec. 412. Reports. Sec. 413. Authorization of appropriations. TITLE V—Community Advantage Loan Program Permanency Act of 2022 Sec. 501. Short title. Sec. 502. Findings. Sec. 503. Community Advantage Loan Program. TITLE VI—STEP Improvement Act of 2022 Sec. 601. Short title. Sec. 602. State Trade Expansion Program. TITLE VII—Veterans Programs Sec. 701. Veteran Federal procurement entrepreneurship training program. Sec. 702. Boots to Business Program. TITLE VIII—Surety Bond Program Sec. 801. Expanding surety bond program. TITLE IX—SBIC Emerging Managers Program Sec. 901. Broadening investment by the SBIC program. TITLE X—New Start Act of 2022 Sec. 1001. Short title. Sec. 1002. Findings. Sec. 1003. Pilot program. TITLE XI—UPLIFT Act of 2022 Sec. 1101. Short title. Sec. 1102. Findings. Sec. 1103. Purposes. Sec. 1104. Innovation Centers Program. 2. Definitions In this Act: (1) Administration; Administrator The terms Administration Administrator (2) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Small Business of the House of Representatives. (3) Small business concern The term small business concern 15 U.S.C. 632 I Women's Business Centers Improvement Act of 2022 101. Short title This title may be cited as the Women's Business Centers Improvement Act of 2022 102. 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 ( 20 U.S.C. 1001 (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) Program The term Program (4) 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. (5) Resource partners The term resource partners (6) Women's business center The term women's business center (7) 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 under this section, 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 described in section 32 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 by an eligible entity 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 an 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 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 Program; and (B) was not obtained by using funds granted under the 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 majority of women's business centers that are operating pursuant to agreements with the Administration are members of an individual Women's Business Center Organization, the Administrator shall— (A) recognize the existence and activities of the Organization; and (B) consult with the Organization, and to the extent practicable, women's business centers and other relevant organizations, on the development of documents with respect to— (i) announcing the annual scope of activities pursuant to this section; (ii) requesting proposals to deliver assistance as provided in this section; and (iii) the governance, general operations, and administration of the Program, including general best practices in the operation of the 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 of the Office of Women's Business Ownership 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 of Women's Business Ownership and eligible entities receiving a grant under the Program. (ii) Review the annual budgets submitted by each eligible entity receiving a grant under the 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 the United States; (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 Administration to— (i) ensure women are well-represented in those programs and being served by those programs; and (ii) identify gaps where participation by women in those programs could be increased. (4) Accreditation program (A) Establishment Not later than 270 days after the date of enactment of the Women's Business Centers Improvement Act of 2022, the Administrator shall publish standards for a program to accredit eligible entities that receive a grant under this section. (B) Public comment; transition Before publishing the standards under subparagraph (A), the Administrator— (i) shall provide a period of not less than 60 days for public comment on the standards; and (ii) may not terminate a grant under this section absent evidence of fraud or other criminal misconduct by the recipient. (C) Contracting authority The Administrator may provide financial support, by contract or otherwise, to a Women's Business Center Organization to provide assistance in establishing the standards required under subparagraph (A) or for carrying out an accreditation program pursuant to those standards. (5) Continuation grant considerations (A) In general In determining whether to award a continuation grant under this section, the Administrator shall consider the results of the annual programmatic and financial examination conducted under subsection (g) and the accreditation program under paragraph (4). (B) Accreditation requirement On and after the date that is 2 years after the date of enactment of the Women's Business Centers Improvement Act of 2022, the Administration may not award a continuation grant under this section unless the applicable eligible entity has been approved under the accreditation program conducted pursuant to paragraph (4), except that the Assistant Administrator for the Office of Women's Business Ownership may waive the accreditation requirement, in the discretion of the Assistant Administrator, upon a showing that the eligible entity is making a good faith effort to obtain accreditation. (6) Annual conference (A) In general Each women's business center shall participate in annual professional development at an annual conference facilitated by the Administrator. (B) Collaboration The Administrator shall collaborate with 1 or more Women's Business Center Organizations, women's business centers, or other relevant organizations in carrying out the responsibilities of the Administrator under subparagraph (A). (k) Notification requirements under the 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 Program; (C) the total number of hours of counseling and training services provided through the Program; (D) to the extent practicable, the demographics of Program participants to include the gender, race, ethnicity, and age of each participant; (E) the number of Program participants who are veterans; (F) the number of new businesses started by participants in the Program; (G) to the extent practicable, the number of jobs supported, created, or retained with assistance from women's business centers; (H) the total amount of capital secured by participants in the Program, including through loans and equity investment of the Administration; (I) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (J) an estimate of gross receipts, including to the extent practicable a description of any change in revenue of small business concerns assisted through the Program; (K) the number of referrals of individuals to other resources and programs of the Administration; (L) the results of satisfaction surveys of participants, including a summary of any comments received from those participants; and (M) any recommendations by the Administrator to improve the delivery of services by women's business centers. (m) Authorization of appropriations (1) In general There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $31,500,000 for each of fiscal years 2023 through 2026. (2) Use of amounts (A) In general Except as provided in subparagraph (B), amounts made available under this subsection for fiscal year 2023, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section. (B) Exceptions Of the amount made available under this subsection for a fiscal year, for the fiscal year beginning after the date of enactment of the Women's Business Centers Improvement Act of 2022 and each fiscal year thereafter through fiscal year 2026, 2.6 percent shall be available for costs incurred by the Administration in connection with the management and administration of the program under this section. (C) Accreditation and annual conference Of the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). (3) Expedited acquisition Notwithstanding any other provision of law, the Administrator may use expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business concerns are provided a reasonable opportunity to submit proposals. . 103. 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 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. 104. Regulations Not later than 270 days after the date of enactment of this Act, the Administrator shall issue rules as are necessary to carry out section 29 of the Small Business Act ( 15 U.S.C. 656 II Small Business Development Centers Improvement Act of 2022 201. Short title This title may be cited as the Small Business Development Centers Improvement Act of 2022 202. Annual report on entrepreneurial development programs Section 10 of the Small Business Act ( 15 U.S.C. 639 (i) Annual report on entrepreneurial development programs (1) Definitions In this subsection: (A) Covered program The term covered program (B) Entrepreneurial development activity The term entrepreneurial development activity (2) Report required The Administrator shall include in the comprehensive annual report required under subsection (a) the following data: (A) A list of all entrepreneurial development activities undertaken during the fiscal year preceding the date of the report through a covered program, including— (i) a description and operating details for each such covered program and the activities performed under each such covered program; (ii) operating circulars, manuals, and standard operating procedures for each such covered program; (iii) a description of the process used to make awards relating to the provision of entrepreneurial development activities under each such covered program; (iv) a list of all recipients of awards under each such covered program and the amount of each such award; and (v) a list of contractors, including the name and location of such contractor, of an award recipient. (B) The total amount of funding obligated for a covered program and the entrepreneurial development activities conducted under each such covered program for the fiscal year preceding the date of the report. (C) The names and titles of the individuals responsible for carrying out a covered program. (D) For entrepreneurial development activities undertaken during the fiscal year preceding the date of the report through the small business development center program established under section 21 (in this section referred to as the Program (i) the total number and number of individuals counseled or trained through the Program; (ii) the total number of hours of counseling and training services provided through the Program; (iii) to the extent practicable, the demographics of participants in the Program, which shall include the gender, race, ethnicity, and age of each such participant; (iv) the number of participants in the Program who are veterans; (v) the number of new businesses started by participants in the Program; (vi) to the extent practicable, the number of jobs supported, created, and retained with assistance from the Program; (vii) to the extent practicable, the total amount of capital secured by participants in the Program, including through loans and equity investment from the Administration; (viii) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (ix) 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; (x) the number of referrals of individuals to other resources and programs of the Administration; (xi) the results of satisfaction surveys of participants in the Program, including a summary of any comments received from those participants; and (xii) any recommendations by the Administrator to improve the delivery of services by the Program. . 203. Marketing of services Section 21 of the Small Business Act ( 15 U.S.C. 648 (o) No prohibition of marketing of services An applicant receiving a grant under this section may use up to 10 percent of their budget to market and advertise the services of the applicant to individuals and small business concerns. . 204. Data collection working group (a) Establishment of working group To improve data collection The Administrator shall establish a group to be known as the Data Collection Working Group (b) Report Not later than 180 days after the date of enactment of this Act, the Data Collection Working Group shall issue a report to the appropriate committees of Congress containing the findings and determinations made in carrying out the study required under subsection (a), including— (1) recommendations for revising existing data collection practices for the small business development center program established under section 21 of the Small Business Act ( 15 U.S.C. 648 (2) a proposed plan for the Administrator to implement the recommendations described in paragraph (1). 205. Oversight; fees from private partnerships and cosponsorships; negotiation Section 21(a)(3) of the Small Business Act ( 15 U.S.C. 648(a)(3) (1) in the matter preceding subparagraph (A), by inserting , including financial oversight, oversight (2) by moving subparagraphs (A) and (B) 2 ems to the right; (3) in subparagraph (C)— (A) by striking Whereas (B) by inserting Program Center (C) by striking National national (4) by adding at the end the following: (D) (i) A small business development center that participates in a private partnership or cosponsorship, in which the Administrator or designee of the Administrator also participates, may collect fees or other income in order to hold events related to the private partnership or cosponsorship. (ii) Nothing in clause (i) shall be construed as the Administration endorsing a private partnership or cosponsorship described in clause (i). (E) An association formed under subparagraph (A) shall, at the request of a small business development center applicant or applicants, participate in the negotiation of the cooperative agreement described in this paragraph between the small business development center applicant or applicants and the Administration. . 206. Equity for small business development centers Section 21(a)(4)(C)(v) of the Small Business Act ( 15 U.S.C. 648(a)(4)(C)(v) (v) Use of amounts Of the amounts made available in any fiscal year to carry out this section, not more than $600,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1). . 207. Confidentiality requirements Section 21(a)(7)(A) of the Small Business Act ( 15 U.S.C. 648(a)(7)(A) (1) by striking or telephone number , telephone number, or email address (2) by inserting , or the nature or content of such assistance, to any State, local, or Federal agency, or to any third party receiving assistance under this section 208. Limitation on award of grants to small business development centers (a) In general Section 21 of the Small Business Act ( 15 U.S.C. 648 (1) in subsection (a)(1)— (A) by striking any women’s business center operating pursuant to section 29, (B) by striking or a women’s business center operating pursuant to section 29 as a Small Business Development Center (C) by striking and women’s business centers operating pursuant to section 29 (2) by adding at the end the following: (p) Limitation on award of grants Except for nonprofit institutions of higher education, and notwithstanding any other provision of law, the Administrator may not award a grant or contract to, or enter into a cooperative agreement with, an entity under this section unless that entity— (1) received a grant or contract from, or entered into a cooperative agreement with, the Administrator under this section before the date of enactment of this subsection; and (2) seeks to renew such a grant, contract, or cooperative agreement after such date. . (b) Rule of construction The amendments made by this section may not be construed as prohibiting a women’s business center described in section 29 of the Small Business Act ( 15 U.S.C. 656 15 U.S.C. 648 209. Authorization of appropriations for formula grants received by States Section 21(a)(4)(C) of the Small Business Act ( 15 U.S.C. 648(a)(4)(C) (1) in clause (vii), by striking subparagraph subparagraph $175,000,000 for each of fiscal years 2023 through 2026. (2) in clause (viii)— (A) by striking shall reserve not less than $1,000,000 shall reserve not more than $2,000,000 (B) by striking $100,000 $200,000 210. Requirements relating to matching funds Section 21(a)(4)(A) of the Small Business Act ( 15 U.S.C. 648(a)(4)(A) Such matching funds shall be evidenced by good faith assertions from the applicant, and the expenditure of matching funds shall not be made a prerequisite of the reimbursement of Federal funds, notwithstanding the final reconciliation payment for the close-out of each award. 211. Duties of the Associate Administrator for Small Business Development Centers Section 21(h)(2) of the Small Business Act ( 15 U.S.C. 648(h)(2) (C) Marketing The Associate Administrator for Small Business Development Centers shall market and advertise the Small Business Development Center Program and participants in that Program as a resource available to any Federal program providing assistance to small business concerns, including the FAST program established under section 34. . 212. Determination of budgetary effects The budgetary effects of this title, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation III SCORE for Small Business Act of 2022 301. Short title This title may be cited as the SCORE for Small Business Act of 2022 302. SCORE Program provisions and requirements Section 8 of the Small Business Act ( 15 U.S.C. 637 (1) in subsection (b)(1)(B)— (A) by striking a Service Corps of Retired Executives (SCORE) the SCORE program (B) by striking SCORE may the SCORE Association may (2) by striking subsection (c) and inserting the following: (c) SCORE program (1) Cooperative agreement The Administrator shall enter into a cooperative agreement with the SCORE Association to carry out the SCORE program, which shall include the following requirements: (A) Administrator duties The Administrator shall— (i) every 2 years, conduct a financial examination of the SCORE Association to ensure that any costs paid for with Federal funds are allowable, allocable, and reasonable; (ii) review and approve contracts entered into by the SCORE Association to provide goods or services for the SCORE program of a value greater than an amount determined by the Administrator; (iii) maintain a system through which the SCORE Association provides documentation relating to those contracts; and (iv) not later than 30 days after the receipt of a quarterly report on the achievements of the SCORE program submitted by the SCORE Association, reconcile differences between that report and the performance results of the SCORE program reported in a management information system of the Office of Entrepreneurial Development. (B) SCORE Association duties The SCORE Association shall— (i) manage nationwide chapters of the SCORE program; (ii) provide annual training to employees of the SCORE Association on generating and using program income from the SCORE program; (iii) submit documentation to the Administrator verifying the annual training is completed; (iv) maintain separation of funds donated to the SCORE Association from program income and funds received pursuant to a cooperative agreement; and (v) maintain and enforce requirements for volunteers participating in the SCORE program, including requirements that each volunteer shall— (I) based on the business experience and knowledge of the volunteer— (aa) provide personal counseling, mentoring, and coaching on the process of starting, expanding, managing, buying, and selling a business at no cost to individuals who own, or aspire to own, small business concerns; and (bb) facilitate free or low-cost education workshops for individuals who own, or aspire to own, small business concerns; and (II) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. (C) Joint duties The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program— (i) develop and implement plans and goals to effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, or other traditionally underserved communities, including plans for virtual, remote, and web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program; and (ii) reinforce an inclusive culture by recruiting diverse volunteers for the chapters of the SCORE program. (2) Online component In addition to providing in-person services, the SCORE Association shall maintain and expand online counseling services including webinars, electronic mentoring platforms, and online toolkits to further support entrepreneurs. (3) Accounting The SCORE Association shall— (A) maintain a centralized accounting and financing system for each chapter of the SCORE program; (B) maintain a uniform policy and procedures to manage Federal funds received pursuant to a cooperative agreement described in paragraph (1); and (C) maintain an employee of the SCORE Association to serve as a compliance officer to ensure expenditures of the SCORE program are fully compliant with any law, regulation, or cooperative agreement relating to the SCORE program. (4) Compensation The SCORE Association shall— (A) maintain a documented compensation policy that— (i) specifies the maximum rate of pay allowable for any individual in the SCORE Association; (ii) specifies the maximum percent of the aggregate salaries of employees of the SCORE Association that may be spent on individual performance awards to employees of the SCORE Association; and (iii) shall be reviewed annually by the SCORE Association and the Administrator; (B) prohibit payment of salaries or performance awards that exceed the limits set by the SCORE Association compensation policy; and (C) prohibit members of the Board of Directors of the SCORE Association or any employees of the SCORE Association from simultaneously serving on the Board of Directors of, or receiving compensation from, the SCORE Foundation without written approval from the Administrator. (5) Whistleblower protection requirements The SCORE Association shall— (A) annually update all manuals or other documents applicable to employees and volunteers of the SCORE Association or the SCORE program to include requirements relating to reporting procedures and protections for whistleblowers; and (B) conduct an annual training for employees and volunteers of the SCORE Association or the SCORE program on the requirements described in subparagraph (A) and encourage the use of the hotline established by the Office of the Inspector General of the Administration to submit whistleblower reports. (6) Published materials The SCORE Association shall ensure all published materials include written acknowledgment of Administration support of the SCORE program if those materials are paid for in whole or in part by Federal funds. (7) Privacy requirements (A) In general Neither the Administrator nor the SCORE Association may disclose the name, email address, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of the individual or small business concern, unless— (i) 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 (ii) the Administrator determines that a disclosure is necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. (B) Administrator use of information This paragraph shall not— (i) restrict the access of the Administrator to SCORE program activity data; or (ii) prevent the Administrator from using SCORE program client information to conduct client surveys. (C) Standards (i) In general The Administrator shall, after opportunity for notice and comment, establish standards for— (I) disclosures with respect to financial audits described in subparagraph (A)(ii); and (II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. (ii) Maximum privacy protection The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. (8) Annual report Not later than 180 days after the date of enactment of the SCORE for Small Business Act of 2022 and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the SCORE program, which may be included as part of another report submitted to those committees by the Administrator, and which shall include— (A) the total number and the number of unique clients counseled or trained under the SCORE program; (B) the total number of hours of counseling or training provided under the SCORE program; (C) the total number of local workshops provided under the SCORE program; (D) the total number of clients attending online and local workshops provided under the SCORE program; (E) to the extent practicable, the demographics of SCORE program clients and volunteers, which shall include the gender, race, ethnicity, and age of each client or volunteer; (F) the number of SCORE program clients and volunteers who are veterans; (G) with respect to businesses assisted under the SCORE program, the cost to create a job, the cost to create a business, and the return on investment; (H) the number of referrals of SCORE program clients to other resources and programs of the Administration; (I) the results of SCORE program client satisfactory surveys, including a summary of any comments received from those clients; (J) the number of new businesses started by SCORE program clients; (K) the percentage of businesses assisted by the SCORE program realizing revenue growth; (L) to the extent practicable, the number of jobs created with assistance from the SCORE program; (M) the total cost of the SCORE program; (N) any recommendations of the Administrator to improve the SCORE program; (O) an explanation of how the SCORE program has been integrated with— (i) small business development centers; (ii) women’s business centers described in section 29; (iii) Veteran Business Outreach Centers described in section 32; (iv) other offices of the Administration; and (v) other public and private entities engaging in entrepreneurial and small business development; (P) the SCORE compensation policy for the relevant fiscal year, including— (i) a list of any changes to the compensation policy since the previous fiscal year; and (ii) justification if the maximum rate of pay allowable for any individual in the SCORE Association exceeds the maximum rate of pay allowable for an individual in the career Senior Executive Service employed at the Administration; (Q) the names, positions, and salaries of any employees of the SCORE Association whose salaries exceed the maximum rate of pay allowable per the SCORE compensation policy; (R) the percent of the aggregate salaries of employees of the SCORE Association spent on individual performance awards to employees of the SCORE Association, with a justification if this amount exceeds 10 percent; (S) the total amount of performance awards that have been disbursed or will be disbursed after the last day of the fiscal year in which the awards were earned and a justification for any awards that have been disbursed or will be disbursed outside the fiscal year in which the awards were earned; and (T) the names, positions, and salaries of any members of the Board of Directors of the SCORE Association or any employees of the SCORE Association that simultaneously serve on the Board of Directors of, or receive compensation from, the SCORE Foundation without written approval of the Administrator. . 303. Authorization of appropriations for the SCORE program Section 20 of the Small Business Act ( 15 U.S.C. 631 (i) SCORE program There are authorized to be appropriated to the Administrator to carry out the SCORE program such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $18,000,000 in each of fiscal years 2023 and 2024. . 304. Reporting requirements (a) Definitions In this section, the terms SCORE Association SCORE program 15 U.S.C. 632 (b) Study and report on the future role of the SCORE program (1) Study The SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will meet the needs of small business concerns during the 5-year period beginning on the date of enactment of this Act, with specific objectives for the first, third, and fifth years of the 5-year period. (2) Report Not later than 180 days after the date of enactment of this Act, the SCORE Association shall submit to the appropriate committees of Congress a report containing— (A) all findings and determinations made in carrying out the study required under paragraph (1); (B) the strategic plan developed under paragraph (1); and (C) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels. (c) Administrator report on leased space Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing an assessment of the cost of leased space that is donated to the SCORE Association. (d) Online component report Not later than 3 months after the last day of the first full fiscal year following the date of enactment of this Act, the SCORE Association shall submit to the appropriate committees of Congress a report on the effectiveness of the online counseling services required under paragraph (2) of section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) (1) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results; (2) the internal controls that are used and a summary of the topics covered by the webinars; and (3) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards those online counseling services. 305. Technical and conforming amendments (a) Small Business Act The Small Business Act ( 15 U.S.C. 631 et seq. (1) in section 3 ( 15 U.S.C. 632 (gg) SCORE program definitions In this Act: (1) SCORE program The term SCORE program (2) SCORE Association The term SCORE Association (3) SCORE Foundation The term SCORE Foundation ; (2) in section 7 ( 15 U.S.C. 636 (A) in subsection (b)(12)— (i) in the paragraph heading, by striking score SCORE program (ii) in subparagraph (A), by striking Service Corps of Retired Executives SCORE program (B) in subsection (m)(3)(A)(i)(VIII), by striking Service Corps of Retired Executives SCORE program (3) in section 20(d)(1)(E) ( 15 U.S.C. 631 Service Corps of Retired Executives program SCORE program (4) in section 22 ( 15 U.S.C. 649 (A) in subsection (b)— (i) in paragraph (1), by striking Service Corps of Retired Executives authorized by section (8)(b)(1) SCORE program (ii) in paragraph (3), by striking Service Corps of Retired Executives SCORE program (B) in subsection (c)(12), by striking Service Corps of Retired Executives authorized by section 8(b)(1) SCORE program (b) Other laws (1) Small Business Reauthorization Act of 1997 Section 707 of the Small Business Reauthorization Act of 1997 ( 15 U.S.C. 631 Service Corps of Retired Executives (SCORE) program SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) (2) Veterans Entrepreneurship and Small Business Development Act of 1999 Section 301 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking Service Core of Retired Executives (described in section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) SCORE SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) SCORE program (ii) in paragraphs (1), (2), and (3), by striking SCORE the SCORE program (iii) in paragraph (2), by striking the establishing (B) in subsection (b), by striking SCORE the SCORE program (3) Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 The Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ( 15 U.S.C. 636 (A) in section 3, by striking paragraph (5) and inserting the following: (5) the term SCORE program 15 U.S.C. 637(c) ; and (B) in section 201(c)(2)(B)(i), by striking Service Corps of Retired Executives SCORE program (4) Children’s Health Insurance Program Reauthorization Act of 2009 Section 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 ( 15 U.S.C. 657p (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) the term SCORE program 15 U.S.C. 637(c) ; and (B) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives SCORE program (5) Energy Policy and Conservation Act Section 337(d)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6307(d)(2)(A) Service Corps of Retired Executives (SCORE) SCORE program IV Federal Contracting Fairness Act of 2022 401. Short title This title may be cited as the Federal Contracting Fairness Act of 2022 402. Findings Congress finds the following: (1) There remain disparities in education, employment, and business history, which includes unequal contracting opportunities, unequal access to credit or capital, and acquisition of credit or capital under commercially unfavorable circumstances, between individuals defined as socially and economically disadvantaged under the Small Business Act ( 15 U.S.C. 631 et seq. (2) The following statistics reiterate the disparities described in paragraph (1): (A) Of the 16,300,000 students enrolled in 4-year undergraduate university in the fall of 2016, 9,100,000 were White, 3,200,000 were Hispanic, 2,200,000 were Black, and 1,100,000 million were Asian. In 2018, 41 percent of all 18- to 24-year-olds were enrolled in college. However, 37 percent of Black 18- to 24-year-olds and 26 percent of Hispanic 18- to 24-year-olds were enrolled in college. Additionally, in 2019, 29 percent of Black adults had a bachelor's degree or higher, 21 percent of Latino or Hispanic adults had a bachelor's degree or higher, and 22 percent of Pacific Islander adults had a bachelor's degree or higher, as compared to 45 percent of White adults. (B) In 2020, 24 percent of Black employees and 24 percent of Hispanic employees report having been discriminated against at work, compared to 15 percent of White employees reporting discrimination at work. In the first quarter of 2022, the unemployment rate in the United States among White workers was 3.6 percent compared to 6.8 percent among Black workers and 4.9 percent among Hispanic workers. (C) With regards to contracting, in 2021, 2.78 percent of Federal contracts were awarded to Asian-owned small businesses, 1.67 percent went to Black-owned small businesses, 1.78 percent went to Hispanic-owned small businesses, and 2.69 percent went to Native American-owned small businesses compared to 15.64 percent of Federal contracts awarded to White-owned small businesses. In total, 9.4 percent of contracting dollars went to minority-owned businesses when 19 percent of United States employer businesses are minority-owned. (D) In terms of access to capital, in 2021, 15 percent of Asian-owned small businesses received all the financing they sought, 16 percent of Black-owned small businesses received all the non-emergency financing they sought, and 19 percent of Hispanic-owned small businesses received all the non-emergency financing they sought, as compared to 35 percent of White-owned small businesses. (3) Given these disparities, the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) 403. Definitions In this title, the terms qualified HUBZone small business concern small business concern owned and controlled by service-disabled veterans small business concern owned and controlled by women 15 U.S.C. 632 404. Duration of participation; ramp-up period; transition period (a) Extension of program participation period Section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) (1) in the matter preceding subparagraph (A), by striking nine years 10 years (2) in subparagraph (A), by striking four years 5 years (3) in subparagraph (B), by striking five years 5 years (b) Ramp-up period (1) Definition In this subsection, the term covered small business concern (A) is in the first 3 years as a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (B) is an individually owned entity; and (C) has not been awarded a contract under such section 8(a), excluding contracts that meet the simplified acquisition threshold described in section 134 of title 41, United States Code. (2) Election (A) In general Subject to subparagraph (B), a covered small business concern may elect at the time of certification to begin the 10-year program participation period under section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) (i) the date on which the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (ii) 3 years after the date on which the covered small business concern was certified to participate in the program established under such section 8(a). (B) Limitation Notwithstanding subparagraph (A), the program participation period for a covered small business concern under section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) (3) Training (A) In general Except as provided in subparagraph (B), if a covered small business concern makes an election under paragraph (2), the covered small business concern shall— (i) participate in 12 hours per year of marketing, business development training, and engagement to show intent in building capacity to participate in the Federal contracting market, which shall be satisfied through training provided by the Administration, the Minority Business Development Agency, resource partners of the Administration, Procurement Technical Assistance Centers, or national organizations with expertise in Federal contracting or that provide contracting certifications; and (ii) log the progress of the covered small business concern on the training carried out under clause (i) in the annual review submitted by the covered small business concern. (B) Exception (i) In general The requirements under subparagraph (A)(i) shall be waived for a covered small business concern if, before reaching 36 hours of training under subparagraph (A)(i), the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (ii) Requirement to log Notwithstanding clause (i), a covered small business concern that receives a waiver under clause (i) is required to log the training in which the small business concern participates under subparagraph (A) in accordance with clause (ii) of such subparagraph. (c) Transition period (1) Definitions In this subsection— (A) the term covered small business concern 15 U.S.C. 637(a) (B) the term economically disadvantaged individual 15 U.S.C. 637(a)(6)(A) (2) Increased amounts The Administrator may permit the owner of a covered small business concern to have an adjusted gross income and personal net worth that is not more than 3 times higher than the amount allowed for the covered small business program under the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (A) an investment in the covered small business concern to continue to compete in the Federal contracting market, such as investment in company infrastructure; (B) a plan for how the covered small business concern is being prepared to compete for Federal contracts after exiting the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (C) any other metrics as determined by the Administrator. 405. Administrative requirements for 8( a Not later than 90 days after the date of enactment of this Act, the Administrator shall issue or revise regulations to— (1) make the review process for small business concerns already certified under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (A) providing that, with respect to such an annual review, each such small business concern— (i) shall submit to the Administrator a new business plan, including a contract forecast, a transitional management plan, and an annual performance of contracts, and a business capture strategy approach only if the plan or approach, as applicable, has changed, as compared with the previous year; and (ii) may indicate to the Administrator that there has been no change to the business plan or business capture strategy approach described in clause (i) during the previous year; and (B) making such other reductions in the number of forms and documents submitted by each such small business concern that the Administrator determines necessary, while still ensuring that each such small business concern maintains good standing with respect to the program carried out under such section 8(a); (2) determine a new process for how the Administrator processes the annual review of each such small business concern that, at a minimum, requires the Administrator to conduct a review, which shall be expedited, of the small business concern when the small business concern is awarded a contract under such section 8(a); and (3) coordinate with the General Services Administration to streamline the Past Performance Questionnaire form for small business concerns and Federal agencies participating in the programs established under sections 8(a), 8(m), 31, and 36 of the Small Business Act ( 15 U.S.C. 637(a) 406. SBA representation on the Federal Acquisition Regulation Council Section 1302(b) of title 41, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following: (E) the Administrator of the Small Business Administration. ; and (2) in paragraph (2)(A), by striking subparagraphs (B) to (D) subparagraphs (B) through (E) 407. Office of Small and Disadvantaged Business Utilization; Director Section 15(k)(3) of the Small Business Act ( 15 U.S.C. 644(k)(3) be at a level that is not less senior than the Under Secretary of Defense for Policy or the Under Secretary of Defense for Acquisition and Sustainment, appraisals), 408. Sole source thresholds The Small Business Act ( 15 U.S.C. 631 et seq. (1) in section 8 ( 15 U.S.C. 637 (A) in subsection (a)(1)(D)(i), by striking subclause (II) and inserting the following: (II) the anticipated award price of the contract (including options and options periods) will exceed— (aa) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development, except that such amount shall be $14,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; (bb) $14,000,000 (or $16,000,000, if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45) in the case of a contract opportunity described in item (aa), if the small business concern subcontracts with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (cc) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing, except that such amount shall be $16,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; or (dd) $10,000,000 in the case of any other contract opportunity, except that such amount shall be $12,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45. ; and (B) in subsection (m)— (i) in paragraph (7)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; and (ii) in paragraph (8)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; (2) in section 31(c)(2)(A)(ii) ( 15 U.S.C. 657a(c)(2)(A)(ii) (I) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (II) $14,000,000 in the case of a contract opportunity described in item (aa), if the qualified HUBZone small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (III) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (IV) $10,000,000 in the case of any other contract opportunity; and ; and (3) in section 36(c)(2) ( 15 U.S.C. 657f(c)(2) (A) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (B) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (C) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (D) $10,000,000 in the case of any other contract opportunity; and . 409. Mentor-protege program (a) Removal of restriction on number of mentors (1) In general Section 45(b)(3)(A) of the Small Business Act ( 15 U.S.C. 657r(b)(3)(A) , including any restrictions (2) Regulations The Administrator shall issue regulations to provide that there is no restriction on the number of mentors under section 45 of the Small Business Act ( 15 U.S.C. 657r 15 U.S.C. 637(a) (b) Database The Administrator shall create an online centralized database for mentors and proteges (as defined in section 45 of the Small Business Act ( 15 U.S.C. 657r (c) Streamlined process The Administrator shall issue regulations to streamline the process for applying to the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r 410. Certification process (a) Regulations Not later than 1 year after the date of enactment of this Act, the Administrator shall issue regulations to streamline the certification process for small business concerns seeking to become certified as— (1) a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (2) a small business concern owned and controlled by women; (3) a qualified HUBZone small business concern; or (4) a small business concern owned and controlled by service-disabled veterans. (b) Report Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that outlines how the Administrator plans to streamline the certification process described in subsection (a). 411. Repeal of bonafide office rule Section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) 412. Reports (a) Demographic data Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall— (1) make publicly available on the website of the Administration— (A) disaggregated data on the size and number of contracts in total by the Federal Government and by each Federal agency to small business concerns by demographics, including, at a minimum, the gender, race, and ethnicity categories published by the Administration in the disaggregated Federal contracting data in December 2021, and the size of the small business concern; and (B) data on the number of small business concerns owned and controlled by disabled individuals that are participating in the program established under section 8(a); and (2) with consultation with the Administrator of General Services, include on SAM.gov the ability for small business concerns to report the data described in paragraph (1)(B). (b) Review of size standards Not later than 180 days after the date of enactment of this Act, the Administrator shall conduct a review of and submit to Congress a report on the size standards applicable to participants in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (c) Ability To obtain set-Aside and sole source contracts Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on— (1) the ability of small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (A) small business concerns participating in that program that are not owned by Alaska Native Corporations or Native Hawaiian Organizations; and (B) small business concerns participating in that program that are owned by Alaska Native Corporations or Native Hawaiian Organizations; and (2) the best sole source thresholds to enable small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (d) Changes to 8( a Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on a plan to implement the changes to the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) 413. Authorization of appropriations There is authorized to be appropriated to the Administration— (1) for fiscal year 2023 and every fiscal year thereafter— (A) $20,000,000 to increase the number of procurement center representatives under section 15(l) of the Small Business Act ( 15 U.S.C. 644(l) (B) $20,000,000 to increase the number of district office business specialists available under the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (C) $5,000,000 for costs related to certifying small business concerns as small business concerns owned and controlled by women; and (D) $400,000 for costs related to processing applications to participate in the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r (2) for fiscal year 2023, to remain available until expended, $2,500,000 to replace the dynamic small business search database of the Administration. V Community Advantage Loan Program Permanency Act of 2022 501. Short title This title may be cited as the Community Advantage Loan Program Permanency Act of 2022 502. Findings Congress finds that— (1) capital access remains one of the largest barriers to overcome for socially and economically disadvantaged business owners as well as for the smallest small businesses; (2) according to the Double Jeopardy: COVID–19’s Concentrated Health and Wealth Effects in Black Communities study conducted by the Federal Reserve banks, in 2020— (A) firms owned by people of color are more likely to have weak capitalizations, limited bank relationships, and little in cash reserves; and (B) 51 percent of Black-owned businesses have less than 3 months of cash reserves in case of an emergency, which is nearly 7 percentage points higher than their peers; (3) according to the Small Business Credit Survey conducted by the Federal Reserve banks, in 2021— (A) 31 percent of firms that sought financing received the full financing sought by the firm; (B) firms owned by people of color were least likely to receive the full amount of financing sought by the firm, with 15 percent of Asian-owned businesses, 16 percent of Black-owned businesses, and 19 percent of Hispanic-owned businesses receiving full financing, as opposed to 35 percent of non-Hispanic White-owned businesses receiving full financing; and (C) firms with fewer employees were also least likely to receive the full financing sought by the firm, with 23 percent of businesses with 1 to 4 employees and 37 percent of businesses with 5 to 49 employees receiving full financing, as opposed to 55 percent of businesses with 50 to 499 employees receiving full financing; (4) the Community Advantage Pilot Program of the Administration has helped increase lending backed by the Administration to firms owned by people of color, women, and veterans and firms classified as startups; (5) from fiscal year 2018 to fiscal year 2022— (A) 13 percent of loans under the Community Advantage Pilot Program went to Black business owners, while 4 percent of loans under the loan program under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) 7(a) loan program (B) 15 percent of loans under the Community Advantage Pilot Program went to Hispanic business owners, while 8 percent of loans under the 7(a) loan program went to Hispanic business owners; (C) 20 percent of loans under the Community Advantage Pilot Program went to women business owners, while 17 percent of loans under the 7(a) loan program went to women business owners; and (D) 9 percent of loans under the Community Advantage Pilot Program went to veteran business owners, while 5 percent of loans under the 7(a) loan program went to veteran business owners; and (6) from fiscal year 2020 to fiscal year 2021, 14 percent of loans under the Community Advantage Pilot Program went to startup business owners, while 7 percent of loans under the 7(a) loan program went to startup business owners. 503. Community Advantage Loan Program (a) In general Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) (38) Community Advantage Loan Program (A) Purposes The purposes of the Community Advantage Loan Program are— (i) to create a mission-oriented loan guarantee program that builds on the demonstrated success of the Community Advantage Pilot Program of the Administration, as established in 2011, to reach more underserved small business concerns; (ii) to increase lending to small business concerns in underserved and rural markets, including veterans and members of the military community, socially and economically disadvantaged individuals, as described in paragraphs (5) and (6)(A) of section 8(a), respectively, women, and new businesses; (iii) to ensure that the program under this subsection expands inclusion and more broadly meets congressional intent to reach borrowers who are unable to get credit elsewhere on reasonable terms and conditions; (iv) to help underserved small business concerns become bankable by utilizing the small dollar financing and business support experience of mission-oriented lenders; (v) to allow certain mission-oriented lenders, primarily financial intermediaries focused on economic development in underserved markets, access to guarantees for loans under this subsection (in this paragraph referred to as 7(a) loans (vi) to provide certainty for the lending partners that make loans under this subsection and to attract new lenders; (vii) to encourage collaboration between mission-oriented and conventional lenders under this subsection in order to support underserved small business concerns; and (viii) to assist covered institutions with providing business support services and technical assistance to small business concerns, when needed. (B) Definitions In this paragraph— (i) the term Community Advantage Network Partner (I) means a nonprofit, mission-oriented organization that acts as a Referral Agent to covered institutions in order to expand the reach of the program to small businesses in underserved markets; and (II) does not include a covered institution making loans under the program; (ii) the term covered institution (I) is— (aa) a development company, as defined in section 103 of the Small Business Investment Act of 1958 ( 15 U.S.C. 662 15 U.S.C. 695 et seq. (bb) a nonprofit intermediary, as defined in subsection (m)(11), participating in the microloan program under subsection (m); (cc) a non-federally regulated entity or a lending institution certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) (dd) an eligible intermediary, as defined in subsection (l)(1), participating in the Intermediary Lending Program established under subsection (l)(2); and (II) has approved and disbursed 10 similarly sized loans in the preceding 24-month period and is servicing not less than 10 similarly sized loans to small business concerns in the portfolio of the entity; (iii) the term existing business (iv) the term new business (v) the term program (vi) the term Referral Agent (vii) the term rural area (viii) the term small business concern in an underserved market (I) that is located in— (aa) a low- to moderate-income community; (bb) a HUBZone, as that term is defined in section 31(b); (cc) a rural area; or (dd) any area for which a disaster declaration or determination described in subparagraph (A), (B), (C), or (E) of subsection (b)(2) has been made that has not terminated more than 2 years before the date (or later, as determined by the Administrator) on which a loan is made to the small business concern under the program, except that, in the case of a major disaster described in subsection (b)(2)(A), that period shall be 5 years; (II) for which more than 50 percent of the employees reside in a low- or moderate-income community; (III) that is a new business; (IV) owned and controlled by socially and economically disadvantaged individuals, as described in paragraphs (5) and (6)(A) of section 8(a), respectively, which the Administrator, in carrying out the program, shall presume includes Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities; (V) owned and controlled by women; (VI) owned and controlled by veterans or spouses of veterans; (VII) owned and controlled by a member of an Indian Tribe individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 (VIII) owned and controlled by an individual who has completed a term of imprisonment in a Federal, State, or local jail or prison; (IX) owned and controlled by an individual with a disability, as that term is defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (X) as otherwise determined by the Administrator. (C) Establishment There is established a Community Advantage Loan Program under which the Administration may guarantee loans made by covered institutions under this subsection, with an emphasis on loans made to small business concerns in underserved markets. (D) Program levels In fiscal year 2023 and each fiscal year thereafter, not more than 10 percent of the number of loans guaranteed under this subsection may be guaranteed under the program. (E) Grandfathering of existing lenders Any covered institution that actively participated in the Community Advantage Pilot Program of the Administration and is in good standing, as determined by the Administration, on the day before the date of enactment of this paragraph— (i) shall retain designation in the program; (ii) shall not be required to submit an application to participate in the program; and (iii) for the purpose of determining the loan loss reserve amount of the covered institution, shall have participation in the Community Advantage Pilot Program included in the calculation under subparagraph (J). (F) Requirement to make loans to underserved markets Not less than 70 percent of loans made by a covered institution under the program shall consist of loans made to small business concerns in underserved markets. (G) Maximum loan amount The maximum loan amount for a loan guaranteed under the program is $350,000. (H) Interest rates The maximum allowable interest rate prescribed by the Administration on any financing made on a deferred basis pursuant to the program shall not exceed the maximum allowable interest rate under sections 120.213 and 120.214 of title 13, Code of Federal Regulations, or any successor regulations. (I) Refinancing of Community Advantage program loans A loan guaranteed under the program or guaranteed under the Community Advantage Pilot Program of the Administration may be refinanced into another 7(a) loan made by lender that does not participate in the program. (J) Loan loss reserve requirements (i) Loan loss reserve account for covered institutions A covered institution— (I) with not more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to 5 percent of the outstanding amount of the unguaranteed portion of the loan portfolio of the covered institution under the program; and (II) with more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to the average repurchase rate of the covered institution over the preceding 36-month period. (ii) Additional loan loss reserve amount for selling loans on the secondary market In addition to the amount required in the loan loss reserve account under clause (i), a covered institution that sells a program loan on the secondary market shall be required to maintain the following additional amounts in the loan loss reserve account: (I) An amount equal to 2 percent of the guaranteed portion of each program loan sold on the secondary market for lenders with less than 5 years experience selling program loans on the secondary market. (II) An amount equal to the average repurchase rate for loans sold by the lender on the secondary market over the preceding 36 months for lenders with more than 5 years experience selling program loans on the secondary market. (iii) Recalculation The loan loss reserve required under clauses (i) and (ii) shall be recalculated on October 1 of each year. (K) Training The Administration— (i) shall provide accessible upfront and ongoing training for covered institutions making loans under the program to support program compliance and improve the interface between the covered institutions and the Administration, which shall include— (I) guidance for following the regulations of the Administration; and (II) guidance specific to mission-oriented lending that is intended to help lenders effectively reach and support underserved small business concerns, including management and technical assistance delivery; (ii) shall ensure that the training described in clause (i) is provided for free or at a low cost; (iii) may enter into a contract to provide the training described in clause (i) with an organization with expertise in lending under this subsection and primarily specializing in mission-oriented lending, and lending to underserved markets; and (iv) shall provide training for the employees and contractors of the Administration that regularly engage with covered institutions or borrowers in the program. (L) Community advantage outreach and education The Administrator— (i) shall develop and implement a program to promote to, conduct outreach to, and educate prospective covered institutions about the program, with a focus on women- and minority-owned covered institutions; and (ii) may enter into a contract with 1 or more nonprofit organizations experienced in working with and training mission-driven lenders to provide the outreach and education described in clause (i). (M) Community advantage network partner participation (i) In general A covered institution that uses a Community Advantage Network Partner shall abide by policies and procedures of the Administration concerning the use of Referral Agent fees permitted by the Administration and disclosure of those fees. (ii) Payment of fees Notwithstanding any other provision of law, all fees described in clause (i) shall be paid by the covered institution to the Community Advantage Network Partner upon disbursement of the applicable program loan. (N) Delegated authority A covered institution is not eligible to receive delegated authority from the Administration under the program until the covered institution has approved and fully disbursed not less than 10 loans under the program and the Administration had evaluated the ability of the covered institution to fulfill program requirements. (O) Reporting (i) Weekly reports (I) In general The Administration shall report on the website of the Administration, as part of the weekly reports on lending approvals under this subsection— (aa) on and after the date of enactment of this paragraph, the number and dollar amount of loans guaranteed under the Community Advantage Pilot Program of the Administration; and (bb) on and after the date on which the Administration begins to approve loans under the program, the number and dollar amount of loans guaranteed under the program. (II) Separate accounting The number and dollar amount of loans reported in a weekly report under subclause (I) for loans guaranteed under the Community Advantage Pilot Program of the Administration and under the program shall include a breakdown by the categories of race, ethnicity, and gender of the owners of the small business concerns, by whether the small business concern is a new or existing small business concern, and by whether the small business concern is located in an urban or rural area, and broken down by— (aa) loans of not more than $50,000; (bb) loans of more than $50,000 and not more than $150,000; (cc) loans of more than $150,000 and not more than $250,000; and (dd) loans of more than $250,000 and not more than $350,000. (ii) Annual reports (I) In general For each fiscal year in which the program is in effect, the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, and make publicly available on the internet, information about loans provided under the program and under the Community Advantage Pilot Program of the Administration. (II) Contents Each report submitted and made publicly available under subclause (I) shall include— (aa) the number and dollar amounts of loans provided to small business concerns under the program, including a breakdown by— (AA) the gender of the owners of the small business concern; (BB) the race and ethnicity of the owners of the small business concern, disaggregated in a manner that captures all the racial groups specified in the American Community Survey conducted by the Bureau of the Census; (CC) whether the small business concern is located in an urban or rural area; and (DD) whether the small business concern is an existing business or a new business, as provided in the weekly reports on lending approvals under this subsection; (bb) the proportion of loans described in item (aa) compared to— (AA) other 7(a) loans of any amount; (BB) other 7(a) loans of similar amounts; (CC) express loans provided under paragraph (31) of similar amounts; and (DD) other 7(a) loans of similar amounts provided to small business concerns in underserved markets; (cc) a comparison of the number and dollar amounts of loans provided to small business concerns under the program and under each category of loans described in item (aa), broken down by— (AA) loans of not more than $50,000; (BB) loans of more than $50,000 and not more than $150,000; (CC) loans of more than $150,000 and not more than $250,000; and (DD) loans of more than $250,000 and not more than $350,000; (dd) the number and dollar amounts of loans provided to small business concerns under the program by State, and the jobs created or retained within each State; (ee) a list of covered institutions participating in the program and the Community Advantage Pilot Program of the Administration, including— (AA) the name, location, and contact information, such as the website and telephone number, of each covered institution; and (BB) a breakdown by the number and dollar amount of the loans approved for small business concerns; and (ff) the benchmarks established by the Community Advantage Working Group under subparagraph (O)(i). (III) Timing An annual report required under this clause shall— (aa) be submitted and made publicly available not later than December 1 of each year; and (bb) cover the lending activity for the fiscal year that ended on September 30 of that same year. (P) GAO report Not later than 5 years after the date of enactment of this paragraph, the Comptroller General of the United States shall submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report— (i) assessing— (I) the extent to which the program fulfills the requirements of this paragraph; and (II) the performance of covered institutions participating in the program; and (ii) providing recommendations on the administration of the program and the findings under subclauses (I) and (II) of clause (i). (Q) Community Advantage Working Group (i) In general Not later than 90 days after the date of enactment of this paragraph, the Administrator shall establish a Community Advantage Working Group, which shall— (I) include— (aa) a geographically diverse representation of members from among covered institutions participating in the program; and (bb) representatives from the Office of Capital Access of the Administration, including the Office of Credit Risk Management, the Office of Financial Assistance, and the Office of Economic Opportunity; (II) develop recommendations on how the Administration can effectively manage, support, and promote the program and the mission of the program; (III) establish metrics of success and benchmarks that reflect the mission and population served by covered institutions under the program, which the Administration shall use to evaluate the performance of those covered institutions; (IV) establish criteria assessing the business support services and technical assistance needs of borrowers and methods to assess lender expertise to provide necessary services and assistance; and (V) institute regular and sustainable systems of communication between the Administration and covered institutions participating in the program. (ii) Report Not later than 1 year after the date of enactment of this paragraph, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes— (I) the recommendations of the Community Advantage Working Group established under clause (i); and (II) a recommended plan and timeline for implementation of those recommendations. (R) Regulations (i) In general Not later than 180 days after the date of enactment of this paragraph, the Administrator shall promulgate regulations governing the program, including metrics for lender performance, metrics of success and benchmarks of the program, and criteria for appropriate management and technical assistance. (ii) Updates The Administrator shall consult the report issued under subparagraph (P) and, not later than 180 days after submission of the report, promulgate any necessary changes to existing regulations of the Administration based on the recommendations contained in the report. (S) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to conduct outreach and education described in subparagraph (L). . (b) Participation Section 7(a)(2) of the Small Business Act ( 15 U.S.C. 636(a)(2) (1) in subparagraph (A), in the matter preceding clause (i), by striking and (F) (F), and (G) (2) by adding at the end the following: (G) Participation in the Community Advantage Loan Program In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be— (i) 80 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is more than $150,000 and not more than $350,000; or (ii) 90 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is not more than $150,000. . VI STEP Improvement Act of 2022 601. Short title This title may be cited as the STEP Improvement Act of 2022 602. State Trade Expansion Program (a) Application requirements Section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) (1) in subparagraph (D)— (A) in clause (i), by inserting , including a budget plan for use of funds awarded under this subsection (B) by adding at the end the following: (iii) Timing The Associate Administrator shall— (I) publish information on how to apply for a grant under this subsection, including specific calculations and other determinations used to award such a grant, not later than March 31 of each year; (II) establish a deadline for the submission of applications that is not earlier than 60 days after the date on which the information is published under subclause (I) and that is not later than May 31; and (III) announce grant recipients not later than August 31 of each year. ; and (2) by adding at the end the following: (E) Application information The Associate Administrator shall clearly communicate to applicants and grant recipients any information about State Trade Expansion Program, including— (i) for each unsuccessful applicant for a grant awarded under this subsection, recommendations to improve a subsequent application for such a grant; and (ii) for each successful applicant for such a grant, an explanation for the amount awarded, if different from the amount requested in the application. (F) Budget plan revisions (i) In general A State receiving a grant under this subsection may revise the budget plan of the State submitted under subparagraph (D) after the disbursal of grant funds if— (I) the revision complies with allowable uses of grant funds under this subsection; and (II) such State submits notification of the revision to the Associate Administrator. (ii) Exception If a revision under clause (i) reallocates 10 percent or more of the amounts described in the budget plan of the State submitted under subparagraph (D), the State may not implement the revised budget plan without the approval of the Associate Administrator, unless the Associate Administrator fails to approve or deny the revised plan within 20 days after receipt of such revised plan. . (b) Survey Section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and (2) by inserting after paragraph (6) the following: (7) Survey The Associate Administrator shall conduct an annual survey of each State that received a grant under this subsection during the preceding year to solicit feedback on the program and develop best practices for grantees. . (c) Annual report Paragraph (8)(B) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) in clause (i)— (A) in subclause (III), by inserting , including the total number of eligible small business concerns assisted by the program (disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns) (B) in subclause (IV), by striking and (C) in subclause (V)— (i) by striking description of best practices detailed description of best practices (ii) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (VI) an analysis of the performance metrics described in clause (iii), including a determination of whether or not any goals relating to such performance metrics were met, and an analysis of the survey described in paragraph (7); and (VII) a description of lessons learned by grant recipients under this subsection that may apply to other assistance provided by the Administration. ; and (2) by adding at the end the following: (iii) Performance metrics Annually, the Associate Administrator shall collect data on eligible small business concerns assisted by the program for the following performance metrics: (I) Total number of such concerns, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. (II) Total dollar amount of export sales by eligible small business concerns assisted by the program. (III) Number of such concerns that have not previously participated in an activity described in paragraph (2). (IV) Number of such concerns that, because of participation in the program, have accessed a new market. (V) Number of such concerns that, because of participation in the program, have created new jobs. (VI) Number of such concerns participating in foreign trade missions or trade show exhibitions, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. . (d) Expansion of definition of eligible small business concern Section 22(l)(1)(A) of the Small Business Act ( 15 U.S.C. 649(l)(1)(A) (1) in clause (iii)(II), by adding and (2) by striking clause (iv); and (3) by redesignating clause (v) as clause (iv). (e) Authorization of appropriations Paragraph (10) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) fiscal years 2016 through 2020 fiscal years 2023 through 2026 (f) Report to Congress Not later than 1 year after the date of enactment of this Act, the Associate Administrator for International Trade of the Administration shall submit to Congress a report on the State Trade Expansion Program established under section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) the process developed for review of revised budget plans submitted under subparagraph (F) of section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) (2) any changes made to streamline the application process to remove duplicative requirements and create a more transparent process; (3) the process developed to share best practices by States described in paragraph (8)(B)(i)(V) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (4) the process developed to communicate, both verbally and in writing, relevant information about the State Trade Expansion Program to all grant recipients in a timely manner. VII Veterans Programs 701. Veteran Federal procurement entrepreneurship training program (a) In general Section 32 of the Small Business Act ( 15 U.S.C. 657b (f) Veteran federal procurement entrepreneurship training program The Administrator, acting through the Associate Administrator, shall make grants to, or enter into a cooperative agreement with, not more than 1 nonprofit entity to operate a Federal procurement entrepreneurship training program to provide assistance to small business concerns owned and controlled by veterans regarding how to increase the likelihood of being awarded contracts with the Federal Government— (1) which shall be made to or entered into with a nonprofit entity that has a track record of successfully providing educational and job training services to targeted veteran populations from diverse locations; (2) under which the nonprofit entity may, at the discretion of the Administrator, be required to match any Federal funds received for the program with State, local, or private sector funds; and (3) under which the nonprofit entity shall use a diverse group of professional service experts, such as Federal, State, and local contracting experts and private sector industry experts with first-hand experience in Federal Government contracting, to provide instruction to small business concerns owned and controlled by veterans. . (b) Authorization of appropriations There are authorized to be appropriated to the Administration, $1,000,000 for each of fiscal years 2023 through 2027 to carry out section 32 of the Small Business Act ( 15 U.S.C. 657b 702. Boots to Business Program Section 32 of the Small Business Act ( 15 U.S.C. 657b (h) Boots to Business Program (1) Covered individual defined In this subsection, the term covered individual (A) a member of the Armed Forces, including the National Guard or Reserves; (B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code; (C) an individual who— (i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and (ii) was discharged or released from such service under conditions other than dishonorable; and (D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C). (2) Establishment During the period beginning on the date of enactment of this subsection and ending on September 30, 2027, the Administrator shall carry out a program to be known as the Boots to Business Program (3) Goals The goals of the Boots to Business Program are to— (A) provide assistance and in-depth training to covered individuals interested in business ownership; and (B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern. (4) Program components (A) In general The Boots to Business Program may include— (i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern; (ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern; (iii) an in-person classroom instruction component providing an introduction to the foundations of self-employment and ownership of a small business concern; and (iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan. (B) Collaboration The Administrator may— (i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and (ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 1071 (C) Use of resource partners and district offices (i) In general The Administrator shall— (I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and (II) to the maximum extent practicable, use district offices of the Administration and a variety of other resource partners and entities in administering the Boots to Business Program. (ii) Grant authority In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program. (D) Availability to Department of Defense and the Department of Labor The Administrator shall make available to the Secretary of Defense and the Secretary of Labor information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the websites of the Department of Defense and the Department of Labor relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense and the Secretary of Labor. (E) Availability to Department of Veterans Affairs In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display on the website of the Department of Veterans Affairs and at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program, which shall, at a minimum— (i) describe the Boots to Business Program and the services provided; and (ii) include eligibility requirements for participating in the Boots to Business Program. (F) Availability to other participating agencies The Administrator shall ensure information regarding the Boots to Business program, including all course materials and outreach materials related to the Boots to Business Program, is made available to other participating agencies in the Transition Assistance Program and upon request of other agencies. (5) Competitive bidding procedures The Administration shall use relevant competitive bidding procedures with respect to any contract or cooperative agreement executed by the Administration under the Boots to Business Program. (6) Publication of notice of funding opportunity Not later than 30 days before the deadline for submitting applications for any funding opportunity under the Boots to Business Program, the Administration shall publish a notice of the funding opportunity. (7) Report Not later than 180 days after the date of enactment of this subsection, and not less frequently than annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which— (A) may be included as part of another report submitted to such committees by the Administrator related to the Office of Veterans Business Development; and (B) shall summarize available information relating to— (i) grants awarded under paragraph (4)(C); (ii) the total cost of the Boots to Business Program; (iii) the number of program participants using each component of the Boots to Business Program; (iv) the completion rates for each component of the Boots to Business Program; (v) to the extent possible— (I) the demographics of program participants, to include gender, age, race, ethnicity, and relationship to military; (II) the number of program participants that connect with a district office of the Administration, a Veteran Business Outreach Center, or another resource partner of the Administration; (III) the number of program participants that start a small business concern; (IV) the results of the Boots to Business and Boots to Business Reboot course quality surveys conducted by the Office of Veterans Business Development before and after attending each of those courses, including a summary of any comments received from program participants; (V) the results of the Boots to Business Program outcome surveys conducted by the Office of Veterans Business Development, including a summary of any comments received from program participants; and (VI) the results of other germane participant satisfaction surveys; (C) an evaluation of the overall effectiveness of the Boots to Business Program based on each geographic region covered by the Administration during the most recent fiscal year; (D) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator; (E) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals; (F) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and (G) any additional information the Administrator determines necessary. . VIII Surety Bond Program 801. Expanding surety bond program Part B of title IV of the Small Business Investment Act of 1958 ( 15 U.S.C. 694a et seq. (1) in section 411(a) ( 15 U.S.C. 694b(a) (A) in paragraph (1)— (i) in subparagraph (A), by striking $6,500,000 $10,000,000 (ii) by amending subparagraph (B) to read as follows: (B) The Administrator may guarantee a surety under subparagraph (A) for a total work order or contract entered into by a Federal agency in an amount that does not exceed $20,000,000. ; and (2) in section 412 ( 15 U.S.C. 694c (A) in subsection (a), in the third sentence, by striking , excluding administrative expenses, (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) Not more than 5 percent of the amount that is in the fund described in subsection (a) at the beginning of each fiscal year may be obligated during that fiscal year to cover costs incurred by the Administration in connection with the management and administration of this part, including information technology and systems, personnel costs, outreach activities, and contracts related thereto. . IX SBIC Emerging Managers Program 901. Broadening investment by the SBIC program (a) Sense of congress It is the sense of Congress that the Office of Innovation and Investment should market to, engage with, and provide enhanced onboarding support to applicants for small business investment company licenses, with a priority to reach those companies that are managed by— (1) women; (2) socially disadvantaged individuals, as described in section 8(a)(5) of the Small Business Act ( 15 U.S.C. 637(a)(5) (3) economically disadvantaged individuals, as described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) (4) veterans, as defined in section 101 of title 38, United States Code; or (5) individuals in rural or low-income areas, as determined by the Administrator using the most recently available data from the Bureau of the Census. (b) Amendment Part A of title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. 321. Emerging managers program (a) Definitions In this section: (1) Covered investments The term covered investments (A) infrastructure, including— (i) roads, bridges, and mass transit; (ii) water supply and sewer; (iii) the electrical grid; (iv) broadband and telecommunications; (v) clean energy; or (vi) child care and elder care; (B) manufacturing; (C) low-income communities, as defined in section 45D(e) (D) HUBZones, as defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) (E) small business concerns owned and controlled by a member of an Indian Tribe individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 (F) small business concerns owned and controlled by an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (G) small business concerns owned and controlled by a veteran, as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 (H) industries identified by the Administrator. (2) Emerging manager company The term emerging manager company (A) The partners of the firm have— (i) an investment track record of less than 10 years of combined investment experience; or (ii) a documented record of successful business experience. (B) The firm has a focus on underserved markets. (C) The firm is not less than 50 percent owned, managed, or controlled by— (i) women; (ii) socially disadvantaged individuals, as described in section 8(a)(5) of the Small Business Act ( 15 U.S.C. 637(a)(5) (iii) economically disadvantaged individuals, as described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) (iv) veterans, as defined in section 101 of title 38, United States Code; (v) individuals in rural or low-income areas, as determined by the Administrator using the most recently available data from the Bureau of the Census; or (vi) individuals with disabilities, as defined in section 49 of the Small Business Act. (b) Establishment The Administrator shall establish an emerging managers program pursuant to which managers with substantial experience in operating small business investment companies— (1) may enter into a written agreement approved by the Administrator to provide guidance and assistance to an applicant for a license for a small business investment company license that is to be managed by an emerging manager company; and (2) may hold a minority financial interest in the small business investment company described in paragraph (1). (c) Licensing An applicant described in subsection (b) shall apply for a license under section 301(c) and shall— (1) have private capital not to exceed $100,000,000; (2) be managed by not less than two individuals; (3) be a second generation fund or earlier; and (4) focus its investment strategy on covered investments. (d) Waiver of maximum leverage The approval of a written agreement under subsection (b) by the Administrator shall operate as a waiver of the requirements of section 303(b)(2)(B) to the extent that such section would otherwise apply. (e) Increased leverage maximum An existing small business investment company that enters into a written agreement under subsection (b) may receive an increase in the maximum leverage cap of the company under section 303(b)(2)— (1) under subparagraph (A) of such section, with respect to a single license, by not more than $17,500,000; and (2) under subparagraph (B) of such section, with respect to multiple licenses under common control, by not more than $35,000,000. . X New Start Act of 2022 1001. Short title This title may be cited as the Necessary Entrepreneurship Workshops via the SBA to Transform and Assist Re-entry Training Act of 2022 NEW START Act of 2022 1002. Findings Congress finds that— (1) according to the Department of Justice, every year, over 600,000 individuals are released from prison and return home to their communities, and almost 77 percent of those individuals will reoffend within 5 years; (2) according to the Brookings Institute, an estimated 48.5 percent of formerly incarcerated individuals will remain unemployed or earn a negligible income for a period of 1 year post-incarceration, increasing the risk for recidivism; (3) according to the Florida State University Institute for Justice Research and Development, formerly incarcerated individuals see a reduction in earnings of 25 percent since criminal records make it difficult to find stable employment; (4) self-employment can provide economic stability for those who are otherwise locked out of the labor market; and (5) according to a paper entitled Entrepreneurship as a Response to Labor Market Discrimination for Formerly Incarcerated People (A) the average individual without a criminal record has a 7.09 percent likelihood of becoming an entrepreneur, but justice-impacted individuals were found to be more than 50 percent likely to choose entrepreneurship with a 12.69 percent likelihood of becoming an entrepreneur; (B) entrepreneurship reduces the likelihood of recidivism by 5.3 percent, which was a 32.5 percent decrease from average recidivism rates for regular employees who have been previously incarcerated; and (C) formerly incarcerated individuals who choose entrepreneurship make $2,700 more annually than formerly incarcerated employees and that the income gap between formerly incarcerated entrepreneurs and entrepreneurs with no criminal record was 38 percent lower than the income gap between formerly incarcerated employees and employees with no criminal record. 1003. Pilot program (a) Definitions In this title: (1) Covered individual The term covered individual (A) completed a term of imprisonment in Federal, State, or local jail or prison; and (B) meets the offense eligibility requirements set forth in any applicable policy notice or other guidance issued by the Administration for the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (2) Intermediary; microloan The terms intermediary microloan 15 U.S.C. 636(m)(11) (3) Microloan intermediary The term microloan intermediary 15 U.S.C. 636(m) (4) Pilot program The term pilot program (b) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to award grants to organizations over a 5-year period to create or support existing entrepreneurship development programs to provide assistance to covered individuals. (c) Grant requirements The Administrator shall— (1) award grants under the pilot program to organizations, or partnerships of organizations, which shall each receive a grant in an amount greater than $100,000 and less than $500,000 annually over the 5-year period in which the pilot program is in existence; and (2) allocate grants under the pilot program to ensure that the recipients are geographically varied throughout the United States. (d) Partnerships An applicant for a grant under the pilot program may form partnerships with other organizations for the purposes of the application submitted under subsection (e) and for conducting entrepreneurial development programming. (e) Application (1) In general An organization or partnership of organizations desiring a grant under the pilot program shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may reasonably require. (2) Contents An application submitted under paragraph (1) shall— (A) demonstrate that the applicant is a microloan intemediary or an organization that administers the Community Advantage Pilot Program of the Administration, or has a partnership with such an intermediary or organization, that may provide microloans to qualified covered individuals, or, to the extent that the applicant is a national organization in multiple different markets, that a separate microloan intermediary may be used in each such market; (B) demonstrate strong community ties, including those with the covered individual community, local businesses, and political leaders; (C) demonstrate an ability to provide a full range of entrepreneurial development programming on an ongoing basis; (D) include a plan for reaching covered individuals, including by identifying particular target populations within the community; (E) clearly define entrepreneurial development capabilities, including coordination with existing local resource partners of the Administration for additional training as necessary; (F) present an entrepreneurship development curriculum, which may be a nationally recognized model or based upon such a model; (G) include a list of each partner organization; and (H) include a comprehensive plan for the use of grant funds, including estimates for administrative and outreach costs of running and evaluating the entrepreneurship development program. (f) Priority In determining whether to award a grant under the pilot program, the Administrator may give priority to applicants based on— (1) whether the application includes a commitment from an existing or new non-Federal funding source to meet the matching requirement under subsection (g); (2) whether the application takes into account local economies and markets as a part of the educational component of the entrepreneurship development program; (3) the ability or plan of the applicant to provide entrepreneurial development services concurrent with employment or job training services; and (4) whether the applicant has a history of effectively providing entrepreneurial training or access to capital to covered individuals. (g) Matching requirement (1) In general As a condition of a grant provided under the pilot program, the Administrator shall require the recipient of the grant to contribute an amount equal to 25 percent of the amount of the grant, obtained solely from existing or new non-Federal sources. (2) Form In addition to cash or other direct funding, the contribution required under paragraph (1) may include indirect costs or in-kind contributions paid for under non-Federal programs. (h) Responsibilities A recipient of a grant under the pilot program shall, to the maximum extent possible, connect covered individuals to a range of Federal resources, including— (1) the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (2) the Community Advantage Pilot Program of the Administration; (3) small business development centers, as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 (4) women’s business centers described in section 29 of the Small Business Act ( 15 U.S.C. 656 (5) chapters of the Service Corps of Retired Executives established under section 8(b)(1)(B) of the Small Business Act (( 15 U.S.C. 637(b)(1)(B) (6) Veteran Business Outreach Centers described in section 32 of the Small Business Act ( 15 U.S.C. 657b (7) business centers established by the Minority Business Development Agency. (i) Reports (1) In general Not later than 1 year after the date on which the Administrator establishes the pilot program, and every year thereafter until the pilot program terminates, the Administrator shall submit to Congress a report on the activities of the pilot program, including— (A) a list of each grantee organization and each partner organization; (B) the characteristics of covered individuals assisted under the entrepreneurship development programs, including race and ethnicity, gender, age, marital status, parental status, employment status, income, banking and credit history, and prior business experience; (C) the participation and attendance rates for all components of the entrepreneurship development programs; (D) the program retention rate; (E) to the greatest extent practicable, the most common reasons why participants do not complete the program; (F) the percentage of participants who remain non-justice involved during the calendar year of the program; (G) the level of the covered individuals' understanding of business concepts and principles; (H) the level of the covered individuals' greater confidence in leadership strengths, including the results of an industry-recognized behavioral assessment; (I) the covered individuals' progress made toward establishing a business; (J) the experiences and perceptions of the covered individuals; (K) the number and dollar amount of loans made to covered individuals; (L) the number and dollar amount of loans made or guaranteed by the Administration to covered individuals; and (M) such additional information as the Administrator may require. (2) GAO report Not later than 1 year after the date on which the pilot program terminates, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that evaluates— (A) the services that grant recipients provided to covered individuals assisted under entrepreneurship development programs; (B) oversight of the pilot program by the Administrator, including policies and procedures for monitoring the compliance by grant recipients with pilot program requirements and an assessment of the effectiveness of the pilot program; and (C) the overall performance of the pilot program and the impacts of the pilot program on grant recipients. (j) Rule of construction Nothing in this title may be construed to affect the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (1) the requirements of that program; (2) the manner in which that program is carried out; or (3) the use or availability of any amounts that have been made available to carry out that program. (k) Authorization of appropriations There are authorized to be appropriated to the Administrator such sums as are necessary to carry out the pilot program. (l) Termination The pilot program shall terminate on the date that is 5 years after the date on which the Administrator establishes the pilot program. XI UPLIFT Act of 2022 1101. Short title This title may be cited as the Ushering Progress by Leveraging Innovation and Future Technology Act of 2022 UPLIFT Act of 2022 1102. Findings Congress finds the following: (1) Studies have found that incubators, accelerators, and other similar models are effective at increasing revenues, the number of employees, and the likelihood that the business venture will be successful for participants. (2) According to the Kauffman Foundation— (A) minority-owned and women-owned businesses are 1/2 (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (3) The Kauffman Foundation also found that the percentage of startups in rural communities has dropped from 20 percent in the 1980s to 12.2 percent. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. (5) According to PitchBook, around 2 percent of all venture capital funding goes to businesses with women founders. (6) According to Crunchbase, less than 3 percent of all venture capital funding goes to businesses with Black and Hispanic founders. (7) Historically Black colleges and universities, minority-serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high-growth sectors. 1103. Purposes The purposes of the Innovation Centers Program established under section 49 of the Small Business Act, as added by this title, are to— (1) spur economic growth in underserved communities by creating good paying jobs and pathways to prosperity; (2) increase prospects for success for small business concerns in underserved communities, which often suffer from higher business failure rates than the national average; (3) help create a pipeline for small business concerns in underserved and rural markets into high-growth sectors, where they are generally underrepresented; (4) help address the multi-decade decline in the rate of new business creation; (5) close the gaps that underserved small business concerns often have in terms of revenue and number of employees, which represent lost opportunity for the economy of the United States; and (6) encourage collaboration between the Administration and institutions of higher learning that serve low-income and minority communities. 1104. Innovation Centers Program (a) In general The Small Business Act ( 15 U.S.C. 631 et seq. (1) by redesignating section 49 ( 15 U.S.C. 631 (2) by inserting after section 48 ( 15 U.S.C. 657u 49. Innovation Centers Program (a) Definitions In this section: (1) Accelerator The term accelerator (A) that— (i) works with a startup or growing small business concern for a predetermined period; and (ii) provides mentorship and instruction to scale businesses; and (B) that may— (i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and (ii) offer startup capital or the opportunity to raise capital from outside investors. (2) Federally recognized area of economic distress The term federally recognized area of economic distress (A) a HUBZone, as that term is defined in section 31(b); or (B) an area that has been designated as— (i) an empowerment zone under section 1391 (ii) a Promise Zone by the Secretary of Housing and Urban Development; or (iii) a low-income neighborhood or moderate-income neighborhood for purposes of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq. (3) Growing; newly established; startup The terms growing newly established startup (4) Incubator The term incubator (A) that— (i) tends to work with startup and newly established small business concerns; and (ii) provides mentorship to startup and newly established small business concerns; and (B) that may— (i) provide a co-working environment or a month-to-month lease program; and (ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. (5) Individuals with disabilities The term individuals with a disability 42 U.S.C. 12102 (6) Eligible entity The term eligible entity (A) an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (B) a junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) (7) Rural area The term rural area (8) Socially and economically disadvantaged individuals The term socially and economically disadvantaged individual (b) Establishment Not later than 1 year after the date of enactment of the UPLIFT Act of 2022, the Administrator shall develop and begin implementing a program (to be known as the Innovation Centers Program (c) Authority (1) In general The Administrator may— (A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5-year projects for the benefit of startup, newly established, or growing small business concerns; and (B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). (2) Project requirements A project conducted under a cooperative agreement under this section shall— (A) include operating as an accelerator, an incubator, or any other small business innovation-focused project as the Administrator approves; (B) be carried out in such locations as to provide maximum accessibility and benefits to the small business concerns that the project is intended to serve; (C) have a full-time staff, including a full-time director who shall— (i) have the authority to make expenditures under the budget of the project; and (ii) manage the activities carried out under the project; (D) include the joint provision of programs and services by the eligible entity and the Administration, which— (i) shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, pursuant to an executed cooperative agreement between the eligible entity and the Administration; and (ii) shall include— (I) one-to-one individual counseling, as described in section 21(c)(3)(A); and (II) a formal, structured mentorship program; (E) incorporate continuous upgrades and modifications to the services and programs offered under the project, as needed to meet the changing and evolving needs of the business community; (F) involve working with underserved groups, which include— (i) women; (ii) socially and economically disadvantaged individuals; (iii) veterans; (iv) individuals with disabilities; or (v) startup, newly established, or growing small business concerns located in rural areas; (G) not impose or otherwise collect a fee or other compensation in connection with participation in the programs and services described in subparagraph (D)(ii); and (H) ensure that small business concerns participating in the project have access, including through resource partners, to information concerning Federal, State, and local regulations that affect small business concerns. (3) Continued funding (A) In general An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. (B) Application and approval criteria (i) Criteria The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. (ii) Notification Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. (C) Priority In allocating funds made available for cooperative agreements under this section, the Administrator shall give applications under this paragraph priority over first-time applications for cooperative agreements under paragraph (1)(A). (4) Limit on use of funds Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. (5) Scope of authority (A) Subject to appropriations The authority of the Administrator to enter into cooperative agreements under this section 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) Suspension, termination, and failure to renew or extend After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons for that action and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 (d) Criteria (1) In general The Administrator shall— (A) establish and rank in terms of relative importance the criteria the Administrator shall use in awarding cooperative agreements under this section, which shall include— (i) whether the proposed project will be located in— (I) a federally recognized area of economic distress; (II) a rural area; or (III) an area lacking sufficient entrepreneurial development resources, as determined by the Administrator; and (ii) whether the proposed project demonstrates a commitment to partner with core stakeholders working with small business concerns in the relevant area, including— (I) investment and lending organizations; (II) nongovernmental organizations; (III) programs of State and local governments that are concerned with aiding small business concerns; (IV) Federal agencies; and (V) for-profit organizations with an expertise in small business innovation; (B) make publicly available, including on the website of the Administration, and state in each solicitation for applications for cooperative agreements under this section, the selection criteria and ranking established under subparagraph (A); and (C) evaluate and rank applicants for cooperative agreements under this section in accordance with the selection criteria and ranking established under subparagraph (A). (2) Contents The criteria established under paragraph (1)(A)— (A) for eligible entities that have in operation an accelerator, incubator, or other small business innovation-focused project, shall include the record of the eligible entity in assisting growing, newly established, and startup small business concerns, including, for each of the 3 full years before the date on which the eligible entity applies for a cooperative agreement under this section, or if the accelerator, incubator, or other small business innovation-focused project has been in operation for less than 3 years, for the most recent full year the accelerator, incubator, or other small business innovation-focused project was in operation— (i) the number and retention rate of growing, newly established, and startup business concerns in the program of the eligible entity; (ii) the average period of participation by growing, newly established, and startup small business concerns in the program of the eligible entity; (iii) the total and median capital raised by growing, newly established, and startup small business concerns participating in the program of the eligible entity; (iv) the number of investments or loans received by growing, newly established, and startup small business concerns participating in the program of the eligible entity; and (v) the total and median number of employees of growing, newly established, and startup small business concerns participating in the program of the eligible entity; and (B) for all eligible entities— (i) shall include whether the eligible entity— (I) indicates the structure and goals of the project; (II) demonstrates ties to the business community; (III) identifies the resources available for the project; (IV) describes the capabilities of the project, including coordination with local resource partners and local or national lending partners of the Administration; (V) addresses the unique business and economic challenges faced by the community in which the eligible entity is located and businesses in that community; or (VI) provides a proposed budget and plan for use of funds; and (ii) may include any other criteria determined appropriate by the Administrator. (e) Program examination (1) In general The Administrator shall— (A) develop and implement an annual programmatic and financial examination of each project conducted under this section, under which each eligible entity entering into a cooperative agreement under this section shall provide to the Administrator— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding— (I) 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 matching requirement under subsection (i); and (II) with respect to any in-kind contributions that were used to satisfy the matching requirement under subsection (i), verification of the existence and valuation of those contributions; and (B) analyze the results of each examination conducted under subparagraph (A) and, based on that analysis, make a determination regarding the programmatic and financial viability of each eligible entity. (2) Conditions for continued funding In determining whether to continue or renew a cooperative agreement under this section, the Administrator— (A) shall consider the results of the most recent examination of the project under paragraph (1); and (B) may terminate or not renew a cooperative agreement, if the Administrator determines that the eligible entity has failed to provide any information required to be provided (including information provided for purposes of the annual report by the Administrator under subsection (m)) or the information provided by the eligible entity is inadequate. (f) Training and technical assistance The Administrator— (1) shall provide in person or online training and technical assistance to each eligible entity entering into a cooperative agreement under this section at the beginning of the participation of the eligible entity in the Innovation Centers Program in order to build the capacity of the eligible entity and ensure compliance with procedures established by the Administrator; (2) shall ensure that the training and technical assistance described in paragraph (1) is provided at no cost or at a low cost; and (3) may enter into a contract to provide the training or technical assistance described in paragraph (1) with 1 or more organizations with expertise in the entrepreneurial development programs of the Administration, innovation, and entrepreneurial development. (g) Coordination In carrying out a project under this section, an eligible entity may coordinate with— (1) resource and lending partners of the Administration; (2) programs of State and local governments that are concerned with aiding small business concerns; and (3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). (h) Funding limit The amount of financial assistance provided to an eligible entity under a cooperative agreement entered into under this section shall be not more than $400,000 during each year. (i) Matching requirement (1) In general An eligible entity shall contribute toward the cost of the project carried out under a cooperative agreement under this section an amount equal to 50 percent of the amount received under the cooperative agreement. (2) In-kind contributions Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions. (3) Waiver (A) In general If the Administrator determines that an eligible entity is unable to meet the contribution requirement under paragraph (1), the Administrator may reduce the required contribution. (B) Presumption An eligible entity shall be presumed to be unable to meet the contribution requirement under paragraph (1) if the eligible entity has— (i) long-term debt in an amount that is less than $10,000,000; (ii) an invested market endowment in an amount that is less than $15,000,000; or (iii) total net liquid assets in an amount that is less than $15,000,000. (4) Failure to obtain non-federal funding If an eligible entity fails to obtain the required non-Federal contribution during any project, or the reduced non-Federal contribution, as determined by the Administrator— (A) the eligible entity shall not be eligible thereafter for any other project for which the eligible entity is or may be funded by the Administration; and (B) before approving assistance for the eligible entity for any other project, the Administrator shall specifically determine whether the Administrator believes that the eligible entity will be able to obtain the requisite non-Federal funding and enter a written finding setting the forth the reasons for making that determination. (5) Rule of construction The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. (j) Contract authority (1) In general An eligible entity may enter into a contract with a Federal department or agency to provide specific assistance to startup, newly established, or growing small business concerns. (2) Performance Performance of a contract entered into under paragraph (1) may not hinder the applicable eligible entity in carrying out the terms of the cooperative agreement under this section. (3) Exemption from matching requirement A contract entered into under paragraph (1) shall not be subject to the matching requirement under subsection (i). (4) Additional provision Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any contracting goal for a Federal department or agency under section 15(g) with respect to small business concerns, small business concerns owned and controlled by women, or small business concerns owned and controlled by socially and economically disadvantaged individuals. (k) Privacy requirements (1) In general An eligible entity may not disclose the name, 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 is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of an eligible entity, except that a disclosure under this subparagraph shall be limited to the information necessary for that financial audit. (2) Administration use of information This subsection shall not— (A) restrict Administration access to program activity data; or (B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (3) Regulations The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under paragraph (1)(B). (l) Publication of information The Administrator shall— (1) publish information about the program under this section online, including— (A) on the website of the Administration; and (B) on the social media of the Administration; and (2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. (m) Annual reporting Not later than 1 year after the date on which the Administrator establishes the program under this section, and annually thereafter, the Administrator shall submit to Congress a report on the activities under the program, including— (1) the number of startup, newly established, and growing small business concerns participating in the project carried out by each eligible entity under a cooperative agreement under this section (referred to in this as participants (2) the retention rate for participants; (3) the total and median amount of capital accessed by participants, including the type of capital accessed; (4) the total and median number of employees of participants; (5) the number and median wage of jobs created by participants; (6) the number of jobs sustained by participants; and (7) information regarding such other metrics as the Administrator determines appropriate. (n) Funding (1) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Administrative expenses Of the amount made available to carry out this section for any fiscal year, not more than 10 percent may be used by the Administrator for administrative expenses. . (b) Regulations The Administrator shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a). | Small Business Administration Reauthorization and Modernization Act of 2022 |
STEP Improvement Act of 2022 This bill reauthorizes through FY2026 the Small Business Administration's (SBA) State Trade Expansion Program, which provides foreign trade assistance to small businesses, and it revises provisions related to the administration of the program. Specifically, the SBA must establish a time frame for, and provide certain information related to, the application process, and it must conduct an annual survey to solicit feedback on the program. The SBA must collect data on certain performance metrics such as the (1) total number of small businesses assisted by the program, (2) total dollar amount of export sales by participating small businesses, and (3) number of small businesses that have created new jobs through their participation in the program. The bill also requires applicants for participation to include a budget plan that outlines their intended use of funds awarded under the program. | 117 S5221 IS: STEP Improvement Act of 2022 U.S. Senate 2022-12-08 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. 5221 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mrs. Shaheen Committee on Small Business and Entrepreneurship A BILL To reauthorize the State Trade Expansion Program of the Small Business Administration, and for other purposes. 1. Short title This Act may be cited as the STEP Improvement Act of 2022 2. State Trade Expansion program (a) Application requirements Section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) (1) in subparagraph (D)— (A) in clause (i), by inserting , including a budget plan for use of funds awarded under this subsection (B) by adding at the end the following: (iii) Timing The Associate Administrator shall— (I) publish information on how to apply for a grant under this subsection, including specific calculations and other determinations used to award such a grant, not later than March 31 of each year; (II) establish a deadline for the submission of applications that is not earlier than 60 days after the date on which the information is published under subclause (I) and that is not later than May 31; and (III) announce grant recipients not later than August 31 of each year. ; and (2) by adding at the end the following: (E) Application information The Associate Administrator shall clearly communicate to applicants and grant recipients any information about State Trade Expansion Program, including— (i) for each unsuccessful applicant for a grant awarded under this subsection, recommendations to improve a subsequent application for such a grant; and (ii) for each successful applicant for such a grant, an explanation for the amount awarded, if different from the amount requested in the application. (F) Budget plan revisions (i) In general A State receiving a grant under this subsection may revise the budget plan of the State submitted under subparagraph (D) after the disbursal of grant funds if— (I) the revision complies with allowable uses of grant funds under this subsection; and (II) such State submits notification of the revision to the Associate Administrator. (ii) Exception If a revision under clause (i) reallocates 10 percent or more of the amounts described in the budget plan of the State submitted under subparagraph (D), the State may not implement the revised budget plan without the approval of the Associate Administrator, unless the Associate Administrator fails to approve or deny the revised plan within 20 days after receipt of such revised plan. . (b) Survey Section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and (2) by inserting after paragraph (6) the following: (7) Survey The Associate Administrator shall conduct an annual survey of each State that received a grant under this subsection during the preceding year to solicit feedback on the program and develop best practices for grantees. . (c) Annual report Paragraph (8)(B) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) in clause (i)— (A) in subclause (III), by inserting , including the total number of eligible small business concerns assisted by the program (disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns) (B) in subclause (IV), by striking and (C) in subclause (V)— (i) by striking description of best practices detailed description of best practices (ii) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (VI) an analysis of the performance metrics described in clause (iii), including a determination of whether or not any goals relating to such performance metrics were met, and an analysis of the survey described in paragraph (7); and (VII) a description of lessons learned by grant recipients under this subsection that may apply to other assistance provided by the Administration. ; and (2) by adding at the end the following: (iii) Performance metrics Annually, the Associate Administrator shall collect data on eligible small business concerns assisted by the program for the following performance metrics: (I) Total number of such concerns, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. (II) Total dollar amount of export sales by eligible small business concerns assisted by the program. (III) Number of such concerns that have not previously participated in an activity described in paragraph (2). (IV) Number of such concerns that, because of participation in the program, have accessed a new market. (V) Number of such concerns that, because of participation in the program, have created new jobs. (VI) Number of such concerns participating in foreign trade missions or trade show exhibitions, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. . (d) Expansion of definition of eligible small business concern Section 22(l)(1)(A) of the Small Business Act ( 15 U.S.C. 649(l)(1)(A) (1) in clause (iii)(II), by adding and (2) by striking clause (iv); and (3) by redesignating clause (v) as clause (iv). (e) Authorization of appropriations Paragraph (10) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) fiscal years 2016 through 2020 fiscal years 2023 through 2026 (f) Report to congress Not later than 1 year after the date of enactment of this Act, the Associate Administrator for International Trade of the Small Business Administration shall submit to Congress a report on the State Trade Expansion Program established under section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) the process developed for review of revised budget plans submitted under subparagraph (F) of section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) (2) any changes made to streamline the application process to remove duplicative requirements and create a more transparent process; (3) the process developed to share best practices by States described in paragraph (8)(B)(i)(V) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (4) the process developed to communicate, both verbally and in writing, relevant information about the State Trade Expansion Program to all grant recipients in a timely manner. | STEP Improvement Act of 2022 |
Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2022 This bill allows a new investment tax credit for 30% of the basis of any hydropower improvement property. The bill defines such property as property that, amount other things (1) adds or improves fish passage at a qualified dam (i.e., a hydroelectric dam licensed by the Federal Energy Regulatory Commission or legally operating without such a license before the enactment of this bill); (2) maintains or improves the quality of the water retained or released by such a dam; (3) promotes downstream sediment transport processes and habitat maintenance for such a dam; (4) removes an obsolete river obstruction; or (5) places into service an approved remote dam (i.e., a hydroelectric dam that services certain communities and does not contribute to atmosphere pollution). | 117 S5222 IS: Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2022 U.S. Senate 2022-12-08 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. 5222 IN THE SENATE OF THE UNITED STATES December 8, 2022 Ms. Cantwell Ms. Murkowski Ms. Stabenow Mr. Sullivan Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to support upgrades at existing hydroelectric dams in order to increase clean energy production, improve the resiliency and reliability of the United States electric grid, enhance the health of the Nation's rivers and associated wildlife habitats, and for other purposes. 1. Short title This Act may be cited as the Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2022 2. Credit for maintaining and enhancing hydroelectric facilities (a) In general Subpart E of part IV of subchapter A of chapter 1 Public Law 117–169 48F. Credit for maintaining and enhancing hydroelectric facilities (a) In general For purposes of section 46, the credit for maintaining and enhancing hydroelectric facilities for any taxable year is an amount equal to 30 percent of the basis of any hydropower improvement property placed in service during such taxable year. (b) Certain progress expenditure rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). (c) Hydropower improvement property In this section, the term hydropower improvement property (1) which— (A) adds or improves fish passage at a qualified dam, (B) maintains or improves the quality of the water retained or released by a qualified dam, (C) promotes downstream sediment transport processes and habitat maintenance with respect to a qualified dam, (D) upgrades, repairs, or reconstructs a qualified dam to meet Federal dam safety and security standards, (E) improves the public uses of, and access to, public waterways impacted by a qualified dam in a manner consistent with a license issued by the Federal Energy Regulatory Commission or a settlement agreement reached with the Federal Energy Regulatory Commission pursuant to such a license, (F) removes an obsolete river obstruction, or (G) places into service an approved remote dam, and (2) for which, prior to January 1, 2032, the taxpayer receives written approval with respect to any property described in paragraph (1) from the Federal Energy Regulatory Commission or State or local officials, as appropriate. (d) Other definitions In this section— (1) Approved remote dam The term approved remote dam (A) a hydroelectric dam which— (i) exclusively services communities not interconnected to the Electric Reliability Council of Texas, the Eastern Interconnection, or the Western Interconnection, (ii) was licensed by the Federal Energy Regulatory Commission before December 31, 2020, and (iii) does not contribute to atmosphere pollution, and (B) any qualified interconnection property (as defined in section 48(a)(8)(B)) associated with a dam described in subparagraph (A) which has a maximum net output of not greater than 20 megawatts. (2) Fish passage The term fish passage (3) Obsolete river obstruction The term obsolete river obstruction 16 U.S.C. 823e(e)(3) (4) Qualified dam The term qualified dam . (b) Elective payment and transfer of credit (1) Elective payment Section 6417 Public Law 117–169 (A) in subsection (b), by adding at the end the following: (13) The credit for maintaining and enhancing hydroelectric facilities under section 48F. , and (B) in subsection (d)(1)— (i) in subparagraph (E), by striking (C), or (D) (C), (D), or (E) (ii) by redesignating subparagraph (E) (as amended by clause (i)) as subparagraph (F), and (iii) by inserting after subparagraph (D) the following: (E) Election with respect to credit for maintaining and enhancing hydroelectric facilities If a taxpayer other than an entity described in subparagraph (A) makes an election under this subparagraph with respect to any taxable year in which such taxpayer has, after December 31, 2022, placed in service hydropower improvement property (as defined in section 48F(c)), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(13). . (2) Transfer Section 6418(f)(1)(A) Public Law 117–169 (xii) The credit for maintaining and enhancing hydroelectric facilities under section 48F. . (c) Conforming amendments (1) Section 46 Public Law 117–169 (A) in paragraph (6), by striking and (B) in paragraph (7), by striking the period at the end and inserting , and (C) by adding at the end the following: (8) the credit for maintaining and enhancing hydroelectric facilities. . (2) Section 49(a)(1)(C) of such Code, as amended by section 13702(b)(2) of Public Law 117–169 (A) in clause (vii), by striking and (B) in clause (viii), by striking the period at the end and inserting , and (C) by adding at the end the following: (ix) the basis of any hydropower improvement property under section 48F. . (3) Section 50 of such Code is amended— (A) in subsection (a)(2)(E), as amended by section 13702(b) of Public Law 117–169 or 48E(e) 48E(e), or 48F(b) (B) in subsection (d)(2), as amended by section 13102(f)(5) of Public Law 117–169 (i) in the matter preceding subparagraph (A), by inserting or any hydropower improvement property (as defined in section 48F(c)) any energy storage technology (as defined in section 48(c)(6)) (ii) in subparagraph (B), by striking energy storage technology energy storage technology or hydropower improvement property (4) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code, as amended by section 13702(b)(5) of Public Law 117–169 Sec. 48F. Credit for maintaining and enhancing hydroelectric facilities. . (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2022. | Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2022 |
Housing, Opportunity, Mobility, and Equity Act of 2022 This bill addresses zoning policies, housing affordability, and economic security. Specifically, the bill requires each state or local government that receives a Community Development Block Grant from the Department of Housing and Urban Development or a Surface Transportation Block Grant from the Department of Transportation to develop and implement a strategy to support zoning policies or regulatory initiatives that create a more affordable, elastic, and diverse housing supply. Additionally, the bill establishes a tax credit for individuals who spend more than 30% of their adjusted gross income on rent and requires the Department of the Treasury to make advance payments of this credit to eligible taxpayers who elect that option. The bill also requires Treasury to establish a Rainy Day Savings Program to allow an eligible taxpayer to defer 20% of the amount that would otherwise be refunded to the taxpayer. Treasury must invest the deferred amount and later disburse that amount, along with any interest, to the taxpayer. | 117 S5223 IS: Housing, Opportunity, Mobility, and Equity Act of 2022 U.S. Senate 2022-12-08 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. 5223 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Booker Committee on Finance A BILL To require Community Development Block Grant and Surface Transportation Block Grant recipients to develop a strategy to support inclusive zoning policies, to allow for a credit to support housing affordability, and for other purposes. 1. Short title This Act may be cited as the Housing, Opportunity, Mobility, and Equity Act of 2022 2. Requirement for CDBG grantees Section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 (n) Strategy To increase the affordable housing stock (1) In general Each grantee receiving assistance under this title shall— (A) include in the consolidated plan required under part 91 of title 24, Code of Federal Regulations (or any successor thereto), a strategy to support new inclusive zoning policies, programs, or regulatory initiatives that create a more affordable, elastic, and diverse housing supply and thereby increase economic growth and access to jobs and housing; and (B) implement the strategy described in subparagraph (A) and demonstrate continuous progress in advancing the goals described in section (2)(A), and include that implementation and progress in the annual performance report submitted under section 91.520 of title 24, Code of Federal Regulations (or any successor thereto). (2) Inclusions The strategy under paragraph (1) shall— (A) demonstrate— (i) transformative activities in communities that— (I) reduce barriers to housing development, including affordable housing; and (II) increase housing supply affordability and elasticity; and (ii) strong connections between housing, transportation, and workforce planning; (B) include, as appropriate, policies relating to inclusive land use, such as— (i) for the purpose of adding affordable units, increasing both the percentage and absolute number of affordable units— (I) authorizing high-density and multifamily zoning; (II) eliminating off-street parking requirements; (III) establishing density bonuses, defined as increases in permitted density of a housing development conditioned upon the inclusion of affordable housing in the development; (IV) streamlining or shortening permitting processes and timelines; (V) removing height limitations; (VI) establishing by-right development, defined as the elimination of discretionary review processes when zoning standards are met; (VII) using property tax abatements; and (VIII) relaxing lot size restrictions; (ii) prohibiting source of income discrimination; (iii) taxing vacant land or donating vacant land to nonprofit developers; (iv) allowing accessory dwelling units; (v) establishing development tax or value capture incentives; and (vi) prohibiting landlords from asking prospective tenants for their criminal history; (C) provide that affordable housing units should, to the maximum extent practicable, and unless alternate policies would result in more rapid progress toward and achievement of the goals described in subparagraph (A)— (i) be designated as affordable for the useful life of the units; (ii) require that a proportion of the new housing stock in the community is at least as great as the percentage of the population of the community requiring such units in order to not be an eligible individual under section 36A of the Internal Revenue Code; and (iii) be accessible to the population served by the program established under this title; and (D) where applicable, specify how the strategy will increase affordable housing options for individuals living in— (i) rural areas; (ii) persistent poverty counties, defined as any county with a poverty rate of not less than 20 percent, as determined in each of the 1990 and 2000 decennial censuses, and in the Small Area Income and Poverty Estimates by the Bureau of the Census for the most recent year for which the estimates are available; and (iii) high-poverty areas, defined as any census tract with a poverty rate of not less than 20 percent as measured by the 2013–2017 5-year data series available from the American Community Survey of the Bureau of the Census. . 3. Requirement for surface transportation block grant program Section 133 of title 23, United States Code, is amended by adding at the end the following: (l) Implementation of affordable housing strategy A project under this section may not be carried out unless the community in which the project is located has implemented a strategy to increase affordable housing stock as described in subsection (n) of section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 . 4. Refundable credit for rent costs of eligible individuals (a) In general Subpart C of part IV of subchapter A of chapter 1 36A. Rent costs of eligible individuals (a) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the excess of— (1) the lesser of— (A) the small area fair market rent (or, if the small area fair market rent is not available, the fair market rent), including the utility allowance, published by the Department of Housing and Urban Development for purposes of the housing choice voucher program under section 8(o) of the United States Housing Act of 1938 ( 42 U.S.C. 1437f(o) (i) in the case of a one-individual household, for an efficiency, and (ii) in the case of a household comprised of more than one individual, for a residence the number of bedrooms in which would not require— (I) more than two members of the household of the individual to share a bedroom, (II) children of different genders to share a bedroom, or (III) a household member with a disability requiring medical equipment to share a bedroom, or (B) the rent paid during the taxable year by the individual (and, if married, the individual's spouse) for the principal residence of the individual, over (2) an amount equal to 30 percent of the adjusted gross income of the taxpayer for the taxable year. (b) Eligible individual For purposes of this section— (1) In general The term eligible individual (2) Exceptions Such term shall not include any individual if— (A) the individual does not include on the return of tax for the taxable year such individual's taxpayer identification number and, if married, the taxpayer identification number of such individual's spouse, or (B) a deduction under section 151 with respect to such individual is allowable to another taxpayer for the taxable year. (3) Married individuals Such term shall include an individual who is married only if a joint return is filed for the taxable year. (4) Special rules (A) Principal residence The term principal residence (B) Married Marital status shall be determined under section 7703. (c) Rent For purposes of this section, rent paid includes any amount paid for utilities of a type taken into account for purposes of determining the utility allowance under section 42(g)(2)(B)(ii). (d) Coordination with certain means-Tested programs Rules similar to the rules of section 32(l) shall apply to refunds made by reason of this section. (e) Reconciliation of credit and advance payments The amount of the credit allowed under this section for any taxable year shall be reduced (but not below zero) by the aggregate amount of any advance payments of such credit under section 7527B for such taxable year. . (b) Advance payment of rental costs tax credit (1) In general Chapter 77 7527B. Advance payment of rental costs tax credit (a) In general Not later than 6 months after the date of the enactment of the Housing, Opportunity, Mobility, and Equity Act of 2022 (1) the Secretary has determined, in the manner provided in subsection (c), will be allowed such credit for the taxable year, and (2) has made an election under subsection (d). (b) Amount of advance payment (1) In general For purposes of subsection (a), the amount of the monthly advance payment of the credit provided to a taxpayer during the applicable period shall be equal to the lesser of— (A) an amount equal to— (i) the amount of the credit which the Secretary has estimated, in the manner provided in subsection (c), will be allowed to such taxpayer under section 36A for the taxable year ending in such applicable period, divided by (ii) 12, or (B) such other amount as is elected by the taxpayer. (2) Applicable period For purposes of this section, the term applicable period (c) Manner of determining eligibility The Secretary shall determine eligibility for the credit under section 36A, and the estimated amount of such credit, based on the taxpayer's adjusted gross income for the preceding taxable year, the mean fair market rental amount with respect to the individual for such preceding year, and the rent paid during such preceding year by the individual (and, if married, the individual's spouse) for the principal residence of the individual. Any terms used in this subsection which are also used in section 36A shall have the same meaning as when used in such section. (d) Election of advance payment A taxpayer may elect to receive an advance payment of the credit allowed under section 36A for any taxable year by including such election on a timely filed return for the preceding taxable year. (e) Internal Revenue Service notification The Internal Revenue Service shall take such steps as may be appropriate to ensure that taxpayers who are eligible to receive the credit under section 36A are aware of the availability of the advance payment of such credit under this section. (f) Authority The Secretary may prescribe such regulations or other guidance as may be appropriate or necessary for the purposes of carrying out this section. . (c) Clerical amendments (1) The table of sections for subpart C of part IV of subchapter A of chapter 1 Sec. 36A. Rent costs of eligible individuals. . (2) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527A the following new item: Sec. 7527B. Advance payment of rental costs tax credit. . (d) Conforming amendment Section 6211(b)(4)(A) , 36A 36 (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (f) Report Not later than 2 years after the date of the enactment of this Act, the Secretary of the Treasury shall submit to Congress a report on the credit allowed under section 36A 5. Refund to Rainy Day Savings Program (a) In general Not later than December 31, 2022, the Secretary of the Treasury or the Secretary's delegate (referred to in this section as the Secretary Refund to Rainy Day Savings Program section 6401 (b) Period of deferral Except as provided under subsection (c)(5), a participating taxpayer may elect to defer payment of the amount described in subsection (a) and have such amount deposited in the Rainy Day Fund (as described in subsection (c)). (c) Rainy Day Fund (1) In general The Secretary shall establish a fund, in such manner as the Secretary determines to be appropriate, to be known as the Rainy Day Fund (2) Investment Any amounts deposited in the Rainy Day Fund shall be invested by the Secretary, in coordination with the Bureau of the Fiscal Service of the Department of the Treasury, in United States Treasury bills issued under chapter 31 (3) Disbursements from fund (A) In general On the date that is 180 days after receipt of the individual income tax return of a participating taxpayer, the amounts in the Rainy Day Fund shall be made available to the Secretary to distribute to such taxpayer in an amount equal to the amount deferred by such taxpayer under subsection (a) and any interest accrued on such amount (as determined under paragraph (4)). (B) Distributed to bank account The amounts described in subparagraph (A) shall be distributed to the bank account identified by the participating taxpayer under subsection (d)(3). (4) Interest accrued The amount of interest accrued on the amount deferred by a participating taxpayer under subsection (a) shall be determined by the Secretary, in coordination with the Bureau of the Fiscal Service of the Department of the Treasury, based upon the return on the investment of such amounts under paragraph (2). (5) Early withdrawal (A) In general On any date during the period between the date which is 30 days after receipt by the Secretary of the individual income tax return of the participating taxpayer and October 15 of the applicable year, such taxpayer may elect to terminate the deferral of the amount described under subsection (a) and receive a distribution from the Rainy Day Fund equal to such amount and any interest which has accrued on such amount up to that date. (B) Complete withdrawal A participating taxpayer making an election under subparagraph (A) must terminate deferral of the full amount described under subsection (a), and such amount shall be distributed to the bank account identified by the participating taxpayer under subsection (d)(3). (d) Participating taxpayer For purposes of this section, the term participating taxpayer (1) has not requested or received an extension of the time for payment of taxes for such taxable year under section 6161 (2) prior to the due date for filing the return of tax for such taxable year, elects to participate in the Refund to Rainy Day Savings Program; and (3) provides the Secretary with a bank account number and any other financial information deemed necessary by the Secretary for purposes of paragraphs (3)(B) and (5)(B) of subsection (c). (e) Forms The Secretary shall ensure that the election to defer payment of the amount described in subsection (a) may be claimed on Forms 1040, 1040A, and 1040EZ. (f) Implementation (1) Educational materials and outreach The Secretary shall— (A) design educational materials for taxpayers regarding financial savings and the Refund to Rainy Day Savings Program; (B) publicly disseminate and distribute such materials during the first calendar quarter of each calendar year and following disbursement of amounts described in subsection (c)(3); and (C) engage in outreach regarding the Refund to Rainy Day Savings Program to the Volunteer Income Tax Assistance program and paid tax preparers. (2) Information for participating taxpayers The Secretary shall ensure that a participating taxpayer is able to electronically verify the status of the amount deferred by such taxpayer under subsection (a), including any interest accrued on such amount and the status of any distribution. (3) Federally funded benefits Any amounts described in subsection (a) which are distributed to a participating taxpayer, including any interest accrued on such amount, shall be treated in the same manner as any refund made to such taxpayer under section 32 | Housing, Opportunity, Mobility, and Equity Act of 2022 |
Family Farmer and Rancher Tax Fairness Act of 2022 This bill excludes from the gross income of certain farmers, ranchers, and forest land owners who are at financial risk payments for debt relief and for remedying past discrimination against such individuals. | 117 S5224 IS: Family Farmer and Rancher Tax Fairness Act of 2022 U.S. Senate 2022-12-08 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. 5224 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Booker Ms. Stabenow Mr. Warnock Ms. Smith Committee on Finance A BILL To exclude from gross income certain assistance provided to farmers, and for other purposes. 1. Short title This Act may be cited as the Family Farmer and Rancher Tax Fairness Act of 2022 2. Tax treatment of certain assistance to farmers, etc For purposes of the Internal Revenue Code of 1986, in the case of any payment described in section 1006(e) of the American Rescue Plan Act of 2021 (as amended by section 22007 of Public Law 117–169 Public Law 117–169 (1) such payment shall not be included in the gross income of the person on whose behalf, or to whom, such payment is made, (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and (3) in the case of a partnership or S corporation on whose behalf, or to whom, such a payment is made— (A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of such Code, and (B) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), any increase in the adjusted basis of a partner’s interest in a partnership under section 705 of such Code with respect to any amount described in subparagraph (A) shall equal the partner’s distributive share of deductions resulting from interest that is part of such payment and the partner’s share, as determined under section 752 of such Code, of principal that is part of such payment. | Family Farmer and Rancher Tax Fairness Act of 2022 |
Reproductive Health Travel Fund Act of 2022 This bill authorizes the Department of the Treasury to award grants to pay for travel, childcare, and other expenses of an individual seeking access to abortion services. Eligible grant recipients must be nonprofit or community-based organizations that assist individuals seeking abortion services through programs that are unbiased and medically and factually accurate. The grants may not be used to pay for abortion procedures. | 117 S5227 IS: Reproductive Health Travel Fund Act of 2022 U.S. Senate 2022-12-08 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. 5227 IN THE SENATE OF THE UNITED STATES December 8, 2022 Ms. Baldwin Mrs. Murray Mr. Merkley Ms. Duckworth Mr. Sanders Mr. Whitehouse Ms. Smith Mr. Blumenthal Ms. Hirono Mr. Brown Mrs. Feinstein Committee on Health, Education, Labor, and Pensions A BILL To authorize grants to eligible entities to pay for travel-related expenses and logistical support for individuals with respect to accessing abortion services, and for other purposes. 1. Short title This Act may be cited as the Reproductive Health Travel Fund Act of 2022 2. Findings Congress finds as follows: (1) On June 24, 2022, in its decision in Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade, reversing decades of precedent recognizing the constitutional right to terminate a pregnancy. (2) The abortion access landscape was already strained. This decision has decimated access for millions of people in the United States. More than half of States are predicted to ban or severely restrict abortion in the months and years following the decision. (3) The implications of this decision will fall hardest on people who already face barriers to health care access, particularly Black people, Indigenous people, and other people of color, people with disabilities, people in rural areas, young people, people with documentation barriers, and those having difficulty making ends meet. (4) People have always had abortions and always will, even in the face of legal, financial, and logistical barriers, or criminalization. While some will self-manage their abortions, and have the option of using pills that are medically safe and effective, many others are traveling hundreds of miles out of State, or forced to carry pregnancies to term. (5) Abortion funds and practical support funds (referred to in this section as funds (6) Funds work together to remove financial and logistical barriers to abortion access and have been doing this work for decades. Some of these barriers are transportation, food, lodging, childcare, translation, doula services, among other barriers. (7) Many funds are led by people who have had abortions themselves, including a growing base of Black and Brown leaders who have themselves faced abortion obstacles and understand the complex circumstances individuals may face. (8) Abortion funds have a history of being underresourced and rely mostly on volunteer time and energy to support communities. (9) Abortion and practical support funds hold some of the closest ties to people who are having abortions and have the first-hand experience, up-to-date and on-the-ground knowledge, and the regional and national connections needed to support abortion seekers financially, emotionally, or logistically. (10) Clinics in States where abortion is legal and more accessible are receiving an influx of people seeking abortions. Provider shortages plus this rapid increase in patients will cause longer waits for appointments. (11) When people are not able to access an abortion when they need it, they are often pushed much further into pregnancy. This increases costs exponentially. For many, the increased financial burden will push abortion care completely out of reach. (12) A rapidly changing access landscape, as bans are implemented and challenged, means that the window to access care in certain States may be limited. People who are put in a position where they must postpone their care due to financial or other constraints may face appointment cancellations due to overnight changes in legality. (13) Funds often work with each other if they cannot fully assist a caller, or if a caller is traveling across regions. A national network of almost 100 abortion and practical support funds has demonstrated these funds are uniquely positioned to lead in this moment and need support. 3. Grants to pay for travel expenses and logistical support for individuals accessing abortion services (a) In general The Secretary of the Treasury (referred to in this section as the Secretary (b) Timing Beginning not later than 30 days after the date of enactment of this Act, the Secretary shall solicit applications for grants under this section. (c) Use of funds (1) Permissible uses An eligible entity receiving a grant under this section shall use the grant for travel-related expenses and logistical support for individuals with respect to accessing abortion services, which may include any of the following expenses and support: (A) Round trip travel to the location where the abortion services are provided. (B) Lodging. (C) Meals. (D) Childcare. (E) Translation services. (F) Doula care. (G) Patient education and information services. (2) Organizational costs An eligible entity receiving a grant under this section may use up to, but not more than, 15 percent of the grant funds to cover organizational costs such as— (A) community outreach efforts; (B) physical infrastructure construction and maintenance; (C) website development and maintenance; and (D) increasing staff capacity and training. (3) Impermissible uses An eligible entity receiving a grant under this section shall not use the grant for costs of an abortion procedure. (d) Applications To seek 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 determines appropriate. (e) Priority In selecting the recipients of grants under this section, the Secretary shall give priority to eligible entities that— (1) serve individuals who live in a jurisdiction that has banned or severely restricted access to abortion; (2) serve individuals who travel to a jurisdiction other than the one where they live to be provided abortion services; or (3) have a program in operation, or submit as part of the application required under subsection (d) a plan to establish and operate a program, to help individuals access abortion services. (f) Annual reports to Congress (1) In general Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the program under this section. (2) Confidentiality The reports under paragraph (1) shall not include any individually identifiable information. (g) Preemption The provisions of this section shall supercede any provision of State, Tribal, territorial, or local law that would have the effect of prohibiting any use of funds provided for under this section. (h) Definitions In this section: (1) The term eligible entity (A) means a nonprofit organization, or a community-based organization, that assists individuals seeking an abortion through programs, services, or activities that are unbiased and medically and factually accurate; and (B) excludes any entity that discourages individuals from seeking an abortion. (2) The term nonprofit organization (A) is described in subsection (c)(3) of section 501 (B) is, under subsection (a) of such section, exempt from taxation. (i) Authorization of appropriations To carry out this section, there is authorized to be appropriated $350,000,000 for each of fiscal years 2023 through 2027. | Reproductive Health Travel Fund Act of 2022 |
Emergency Vacating of Aircraft Cabin Act This bill directs the Federal Aviation Administration to issue a final rule establishing evacuation standards for transport category airplanes that accounts for certain factors, including the ability of passengers of different ages (e.g., infants, children, and senior citizens) to safely and efficiently evacuate an airplane. | 117 S5235 IS: Emergency Vacating of Aircraft Cabin Act U.S. Senate 2022-12-12 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. 5235 IN THE SENATE OF THE UNITED STATES December 12, 2022 Ms. Duckworth Ms. Baldwin Committee on Commerce, Science, and Transportation A BILL To require the Federal Aviation Administration to establish evacuation standards for transport category airplanes. 1. Short title This Act may be cited as the Emergency Vacating of Aircraft Cabin Act 2. Evacuation standards for transport category airplanes (a) Rulemaking Not later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall issue a final rule establishing evacuation standards for transport category airplanes, as described in part 25 of title 14, Code of Federal Regulations. (b) Considerations (1) In general In issuing the final rule under subsection (a), the Administrator shall consider factors that include— (A) the ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane; (B) the ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane; (C) the ability of passengers with disabilities to safely and efficiently evacuate a transport category airplane; (D) the ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane; (E) the ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane; (F) the impact of the presence of carry-on luggage or personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane; (G) the impact of seat size and seat pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane; (H) the impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane; (I) with respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane; (J) the impact of passenger load (the number of passengers relative to the number of seats on board) on the ability of passengers to safely and efficiently evacuate a transport category airplane; (K) the impact of service animals and the ability to safely and efficiently evacuate such animals from a transport category airplane; and (L) any other factor determined appropriate by the Administrator. (2) Passengers with disabilities defined For purposes of this subsection, the term passengers with disabilities (A) means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations; and (B) includes any passengers— (i) with a physical impairment, such as passengers who are blind, deaf, or require a wheelchair, walker, cane, brace, prosthetic, or other mobility device; (ii) whose physical impairment requires the use of a medical device to assist with mobility, such as a portable oxygen concentrator; or (iii) with a developmental or mental impairment. | Emergency Vacating of Aircraft Cabin Act |
Aviation Workforce Development Enhancement Act This bill expands aviation workforce development programs of the Federal Aviation Administration by providing additional grant funding for aircraft pilot development, the education and recruitment of aviation maintenance technical workers, and the development of the aviation manufacturing workforce. | 117 S5236 IS: Aviation Workforce Development Enhancement Act U.S. Senate 2022-12-12 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. 5236 IN THE SENATE OF THE UNITED STATES December 12, 2022 Ms. Duckworth Mr. Moran Committee on Commerce, Science, and Transportation A BILL To increase funding for aviation workforce development grant programs of the Federal Aviation Administration. 1. Short title This Act may be cited as the Aviation Workforce Development Enhancement Act 2. Increasing funding for aviation workforce development grant programs (a) In general Section 625 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 (1) in subsection (a)— (A) in paragraph (1), by striking and (B) in paragraph (2), by striking the period at the end and inserting ; and (C) by adding at the end the following new paragraph: (3) a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and the development of the aviation manufacturing workforce. ; (2) in subsection (b)— (A) in paragraph (1), by striking 2023 2029 (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following new paragraph: (2) Additional funding In addition to amounts available for grants pursuant to paragraph (1), there is authorized to be appropriated— (A) $10,000,000 for each of fiscal years 2024 through 2029 to provide grants under the program established under subsection (a)(1); (B) $10,000,000 for each of fiscal years 2024 through 2029 to provide grants under the program established under subsection (a)(2); and (C) $10,000,000 for each of fiscal years 2024 through 2029 to provide grants under the program established under subsection (a)(3). ; and (D) in paragraph (3), as redesignated by subparagraph (B), by inserting (or, in the case of fiscal years 2024 through 2029, $1,000,000) $500,000 (3) in subsection (c), by adding at the end the following new paragraph: (3) An application for a grant under the pilot program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by— (A) a holder of a type or production certificate or similar authorization issued under section 44704 of title 49, United States Code, or a credible applicant for such a certificate as determined by the Secretary; (B) an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 20 U.S.C. 7801 (C) a State or local governmental entity. ; and (4) in subsection (d), by adding at the end the following new paragraph: (3) For purposes of the pilot program established under subsection (a)(3), an eligible project is a project— (A) to establish new educational programs that teach technical skills used in aviation manufacturing, including purchasing equipment, or to improve existing such programs; (B) to establish scholarships or apprenticeships for individuals pursuing employment in the aviation manufacturing industry; (C) to support outreach about careers in the aviation manufacturing industry to— (i) primary, secondary, and post-secondary school students; or (ii) to communities underrepresented in the industry; (D) to support educational opportunities related to aviation manufacturing in both urban and rural areas; (E) to support transition to careers in aviation manufacturing, including for members of the Armed Forces; or (F) to otherwise enhance aviation manufacturing technical education or the aviation maintenance industry workforce. . (b) Conforming amendment Paragraph (4) of section 48105 of title 49, United States Code, is amended by striking 2023 2029 | Aviation Workforce Development Enhancement Act |
Compressed Gas Cylinder Safety and Oversight Improvements Act of 2022 This bill expands requirements for foreign manufacturers of cylinders used for transporting hazardous materials in the United States (e.g., compressed gas cylinders). Current regulations require foreign manufacturers to apply for approval from the Pipeline and Hazardous Materials Safety Administration for testing such cylinders outside of the United States. For example, the bill requires that, to obtain an approval, manufacturers must answer in their applications specified questions, including whether the manufacturer is or has been subject to various civil or criminal penalties. The bill limits an approval to one year; however, the administration may extend an approval for five years if the manufacturer meets certain requirements. | 105 S5237 IS: Compressed Gas Cylinder Safety and Oversight Improvements Act of 2022 U.S. Senate 2022-12-12 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. 5237 IN THE SENATE OF THE UNITED STATES December 12, 2022 Mr. Portman Ms. Baldwin Mr. Hagerty Mr. Durbin Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to promulgate regulations relating to the approval of foreign manufacturers of cylinders, and for other purposes. 1. Short title This Act may be cited as the Compressed Gas Cylinder Safety and Oversight Improvements Act of 2022 2. Regulation of foreign manufacturers of cylinders used in transporting hazardous materials (a) Definitions In this section: (1) Cylinder The term cylinder (2) Foreign manufacturer of cylinders; fmoc The term foreign manufacturer of cylinders FMOC (3) In good standing The term in good standing (A) is approved by the Secretary pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation); and (B) has demonstrated 3 years of compliance with— (i) part 107 of title 49, Code of Federal Regulations (or successor regulations); and (ii) chapter 51 (4) Secretary The term Secretary (b) Approval of foreign manufacturers of cylinders (1) In general The Secretary shall promulgate regulations to provide that an approval provided to an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), shall be for a period of not longer than 1 year, except as provided under paragraph (2). (2) 5-year approval The Secretary may provide a 5-year approval of an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), if the following requirements are met: (A) The FMOC attests that none of the cylinders made by the FMOC are prohibited from entry to the United States under section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 (B) The FMOC certifies that— (i) the information provided pursuant to subsection (e) is accurate; and (ii) the FMOC has a proactive responsibility to inform the Secretary if any such information materially changes. (C) The Secretary determines that the FMOC is in good standing. (3) Facility inspections (A) Definition of obstructs In this paragraph, the term obstructs (B) Penalties The Secretary may suspend or terminate an approval of an FMOC if the FMOC obstructs or prevents the Secretary from carrying out an inspection under section 107.807(c) of title 49, Code of Federal Regulations (or a successor regulation). (4) Interaction with other statutes, agreements, regulations Nothing in this section may be construed to prevent the harmonization of cylinder standards otherwise authorized by law. (5) Other cause for suspension or termination The Secretary may suspend or terminate an approval of an FMOC on determination that the FMOC knowingly or intentionally misrepresented responses to the Secretary required by law, including under subsection (e). (c) Reevaluation by request for related violations (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to establish a process, as determined by the Secretary, for any interested party to request a reevaluation of the approval of FMOC cylinders under section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), to review the accuracy and safety of the actions of the FMOC. (2) Petition for reevaluation The regulations promulgated under paragraph (1) shall allow an interested party to file a petition if that party has evidence of inaccurate, changed, or fraudulent attestations or responses made by an FMOC to the Secretary under subsection (e). (d) Notice and comment for applications by foreign manufacturers of cylinders On receipt of an application for approval under section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), the Secretary shall— (1) timely publish notification of the application on the website of the Pipeline and Hazardous Materials Safety Administration; and (2) provide 30 days for public comment on the application prior to approval. (e) Additional questions To ensure safety and compliance with DOT processes (1) Additional questions The Secretary shall require, as part of an application for approval pursuant to section 107.807 of title 49, Code of Federal Regulations (or a successor regulation), that the applicant answer the following questions: (A) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has ever been subject to a civil monetary penalty under title 49, United States Code, relating to any actions carried out as an approved FMOC or during the application for approval under that section. (B) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has been delinquent in the payment of any civil monetary penalties or other fines or fees under title 49, United States Code. (C) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is subject to the Do Not Pay Initiative established under section 3354 of title 31, United States Code, as of the date of the application. (D) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is listed in the Military End User List of the Department of Commerce as of the date of the application. (E) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is identified by the Department of Defense as an entity listed under section 1237 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 50 U.S.C. 1701 Public Law 105–261 (F) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, has been found guilty of a criminal penalty or assessed a civil penalty under section 1760 of division A of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 50 U.S.C. 4819 (G) Whether the FMOC applying, or any entity controlling more than 10 percent of that FMOC, is subject to a final antidumping or countervailing duty order from the Department of Commerce as of the date of application. (2) Denial of application The Secretary may deny under section 107.709 of title 49, Code of Federal Regulations (or a successor regulation), an application for approval under section 107.807 of that title (or a successor regulation) based on the responses to the questions required under paragraph (1). (f) Foreign manufacturers listing approvals Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall publish and maintain on the website of the Department of Transportation a list of approved foreign manufacturers of cylinders and the duration of those approvals. (g) Authorizing foreign inspections Not later than 180 days after the date of enactment of this Act, the Secretary shall revise section 107.807(d) of title 49, Code of Federal Regulations— (1) to require that in any case in which the Secretary determines there is good cause, an inspection under that section shall be carried out annually for such duration as the Secretary determines appropriate; (2) to specify that a refusal of inspection under that section shall result in a loss of the status of in good standing; (3) to allow the Secretary to request, at the discretion of the Secretary— (A) production of test and production records; and (B) random sample testing; and (4) to allow for the recovery of all associated costs of foreign inspections to include travel, time, and other costs, as determined by the Secretary. | Compressed Gas Cylinder Safety and Oversight Improvements Act of 2022 |
Medicaid and CHIP Access to Prescription Digital Therapeutics Act This bill requires the Centers for Medicare & Medicaid Services to issue guidance for states on coverage of prescription digital therapeutics (i.e., software applications that are used to prevent, manage, or treat medical conditions) under Medicaid and the Children's Health Insurance Program (CHIP). | 117 S5238 IS: Medicaid and CHIP Access to Prescription Digital Therapeutics Act U.S. Senate 2022-12-12 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. 5238 IN THE SENATE OF THE UNITED STATES December 12, 2022 Mrs. Capito Mrs. Shaheen Committee on Finance A BILL To require the Administrator of the Centers for Medicare & Medicaid Services to provide guidance regarding coverage of prescription digital therapeutics under Medicaid and the State Children's Health Insurance Program. 1. Short title This Act may be cited as the Medicaid and CHIP Access to Prescription Digital Therapeutics Act 2. Assurance of Medicaid and CHIP coverage for prescription digital therapeutics (a) In general (1) Issuance of guidance Not later than 6 months after the date of enactment of this section, the Administrator of the Centers for Medicare & Medicaid Services shall issue guidance to States that identifies methods for State Medicaid programs under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 42 U.S.C. 1397aa et seq. (2) Technical assistance The Administrator of the Centers for Medicare & Medicaid Services may make available technical assistance to a State that seeks to incur an expenditure for providing medical assistance, child health assistance, or pregnancy-related assistance for a prescription digital therapeutic under the State Medicaid program or the State Children's Health Insurance Program within 30 days of the State submitting a request for such technical assistance, but in no event shall requesting or receiving such technical assistance be a prerequisite for a State providing any such assistance or receiving Federal financial participation for providing any such assistance. (3) Prescription digital therapeutic In this section, the term prescription digital therapeutic (A) is cleared or approved by the Food and Drug Administration pursuant to section 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act; (B) has a cleared or approved indication for the prevention, management, or treatment of a medical disease, condition, or disorder; (C) primarily uses software to achieve its intended result; and (D) is a device that is exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act under section 801.109 of title 21 of the Code of Federal Regulations (or any successor regulation). (b) Protection of existing Medicaid and CHIP coverage Nothing in this section shall be construed to imply that an expenditure for a prescription digital therapeutic that occurred on or before the date of the enactment of this section did not constitute an expenditure for medical assistance under a State Medicaid program or for child health assistance or pregnancy-related assistance under a State Children's Health Insurance Program. | Medicaid and CHIP Access to Prescription Digital Therapeutics Act |
Federal Insurance Office Abolishment Act of 2021 This bill eliminates the Federal Insurance Office (FIO) within the Department of the Treasury. The bill also removes the FIO director as a nonvoting member of the Financial Stability Oversight Council. | 117 S524 IS: Federal Insurance Office Abolishment Act of 2021 U.S. Senate 2021-03-02 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 1st Session S. 524 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Mr. Cruz Mr. Inhofe Mr. Braun Ms. Lummis Committee on Banking, Housing, and Urban Affairs A BILL To abolish the Federal Insurance Office of the Department of the Treasury, and for other purposes. 1. Short title This Act may be cited as the Federal Insurance Office Abolishment Act of 2021 2. Abolishment of Federal Insurance Office (a) In general The Federal Insurance Office of the Department of the Treasury, and the position of the Director of the Federal Insurance Office, are hereby abolished. (b) Amendment Title 31, United States Code, is amended— (1) by striking section 313; and (2) in the table of sections for subchapter I of chapter 3, by striking the item relating to section 313. (c) Treasury authority This section, and the amendment made by this section, may not be construed to repeal or otherwise limit any authority of the Secretary of the Treasury with respect matters relating to insurance. 3. Related amendments (a) Dodd-Frank Wall Street Reform and Consumer Protection Act amendments The Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 (1) in section 111(b)(2) ( 12 U.S.C. 5321(b)(2) (A) by striking subparagraph (B); and (B) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; (2) in section 112 ( 12 U.S.C. 5322 (A) in subsection (a)(2)(A), by striking member agencies, other Federal and State financial regulatory agencies, the Federal Insurance Office member agencies and other Federal and State financial regulatory agencies (B) in subsection (d)— (i) in paragraph (1), in the matter preceding subparagraph (A), by striking the Office of Financial Research, member agencies, and the Federal Insurance Office the Office of Financial Research and member agencies (ii) in paragraph (2), by striking , any member agency, and the Federal Insurance Office, and any member agency (3) in section 165(i) ( 12 U.S.C. 5365(i) (A) in paragraph (1)(A), by striking and the Federal Insurance Office and the Secretary of the Treasury (B) in paragraph (2)(C), in the matter preceding clause (i), by striking and the Federal Insurance Office and the Secretary of the Treasury (4) in section 203(a)(1)(C) ( 12 U.S.C. 5383(a)(1)(C) (A) in the first sentence— (i) by striking the Director of the Federal Insurance Office and (ii) by striking on their own initiative on the initiative of the Board of Governors (B) in the second sentence, by striking and the affirmative approval of the Director of the Federal Insurance Office (b) Economic Growth, Regulatory Relief, and Consumer Protection Act amendments Section 211(a) of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( 31 U.S.C. 313 (1) in paragraph (1), by striking the Secretary of the Treasury, Board of Governors of the Federal Reserve System, and Director of the Federal Insurance Office the Secretary of the Treasury and the Board of Governors of the Federal Reserve System (2) in paragraph (2), by striking the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office the Secretary of the Treasury and the Board of Governors of the Federal Reserve System | Federal Insurance Office Abolishment Act of 2021 |
Salem Maritime National Historical Park Redesignation and Technical Corrections Act This bill redesignates the Salem Maritime National Historic Site in Salem, MA, as the Salem Maritime National Historical Park. The bill authorizes the Department of the Interior to acquire an interest in the city of Salem for use as a visitor center and curatorial facility (currently, only authorized as a visitor center). | 100 S5240 IS: Salem Maritime National Historical Park Redesignation and Technical Corrections Act U.S. Senate 2022-12-13 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. 5240 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Markey Committee on Energy and Natural Resources A BILL To redesignate the Salem Maritime National Historic Site as the Salem Maritime National Historical Park 1. Short title This Act may be cited as the Salem Maritime National Historical Park Redesignation and Technical Corrections Act 2. Salem Maritime National Historical Park (a) Redesignation (1) In general The Salem Maritime National Historic Site is redesignated as the Salem Maritime National Historical Park (2) References in law Any reference in a law, regulation, map, document, record, or other paper of the United States to the Salem Maritime National Historic Site shall be considered to be a reference to the Salem Maritime National Historical Park. (3) Conforming amendments Section 1 of Public Law 100–349 54 U.S.C. 320101 (A) in the section heading, by striking National Historic Site National Historical Park (B) in subsection (b), by striking national historic site national historical park (b) Boundary revision Section 1 of Public Law 100–349 54 U.S.C. 320101 (a) Boundary revision (1) In general The Salem Maritime National Historical Park (referred to in this Act as the national historical park ____ (2) Availability of map The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. . (c) Visitor center and curatorial facility Section 1(b)(2) of Public Law 100–349 54 U.S.C. 320101 (1) in subparagraph (A), by striking visitor center visitor center and curatorial facility (2) in subparagraph (B)(ii), by striking 12,000 70,000 (d) Authorization of special resource study Not later than January 1, 2026, the Secretary of the Interior shall conduct a special resource study of sites and resources associated with the maritime history and coastal defenses of Salem, Massachusetts, and the vicinity, for the purpose of evaluating potential revisions to the boundaries of the Salem Maritime National Historical Park to include the sites and resources. | Salem Maritime National Historical Park Redesignation and Technical Corrections Act |
Tipped Employee Protection Act This bill modifies the definition of a tipped employee under the Fair Labor Standards Act of 1938 to exclude consideration of an employee's duties when determining the combined amount of tips and direct wages an employee receives for the purpose of an employer meeting the minimum wage requirements. Under the bill, an employer may pay a tipped employee the tipped minimum wage for tasks that are not related to tipped work as long as the employee's combined tips and direct wages total at least the $7.25 federal minimum wage. Current Department of Labor rules prohibit an employer from paying the tipped minimum wage for tasks that are not related to tipped work. | 117 S5241 IS: Tipped Employee Protection Act U.S. Senate 2022-12-13 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. 5241 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to revise the definition of the term tipped employee 1. Short title This Act may be cited as the Tipped Employee Protection Act 2. Tipped employees Section 3(t) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(t) (1) by striking (t) (t)(1) (2) by striking engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips. , without regard to the duties of the employee, who receives tips and other cash wages for a period described in paragraph (2) at a rate that when combined with the cash wage required under subsection (m)(2)(A)(i) is greater than or equal to the wage in effect under section 6(a)(1). (3) by adding at the end the following: (2) The period described in this paragraph may be (as determined by the employer) a period of 1 day, 1 week, every other week, every pay period, or 1 month. . | Tipped Employee Protection Act |
International Violence Against Women Act of 2022 This bill requires a U.S. global strategy to prevent and respond to violence against women and girls. The bill establishes in the Department of State an Office of Global Women's Issues, which shall be headed by an Ambassador-at-Large for Global Women's Issues. The Ambassador-at-Large shall (1) coordinate U.S. government efforts regarding gender equality and the advancement of women and girls in foreign policy, and (2) develop or update periodically a U.S. global strategy to prevent and respond to gender-based violence. The bill establishes in the U.S. Agency for International Development the position of Senior Coordinator for Gender Equality and Women's Empowerment who shall coordinate policies, programs, and funding regarding gender equality and women's empowerment. | 117 S5242 IS: International Violence Against Women Act of 2022 U.S. Senate 2022-12-13 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. 5242 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mrs. Shaheen Ms. Collins Committee on Foreign Relations A BILL To prevent international violence against women, and for other purposes. 1. Short title; table of contents (a) Short title; table of contents This Act may be cited as the International Violence Against Women Act of 2022 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Statement of policy. TITLE I—United States strategy to prevent and respond to gender-based violence globally Sec. 101. Global strategy requirement. TITLE II—Oversight and Accountability Sec. 201. Definitions. Sec. 202. Office of Global Women’s Issues. Sec. 203. Senior Coordinator for Gender Equality and Women’s Empowerment. Sec. 204. Briefing. 2. Findings Congress makes the following findings: (1) An estimated 1 out of every 3 women throughout the world will be beaten, coerced into sex, or otherwise abused in her lifetime. (2) Up to 70 percent of women in some countries report experiencing gender-based violence at some point in their lives. (3) Intimate partner violence is the most prevalent form of violence against women, preventing them from playing more active roles in the social, economic, and political development of their communities. (4) Sexual violence among adolescents and pre-adolescents is alarmingly high. National surveys in Swaziland, Tanzania, Zimbabwe, Kenya, and Haiti have found that between 28 and 38 percent of girls and between 9 and 18 percent of boys report experiencing sexual violence before reaching 18 years of age. (5) Adult male respondents in 6 countries who had experienced violence as children were significantly more likely to report perpetrating intimate partner violence themselves according to the International Men and Gender Equality Survey dataset. (6) Gender-based violence harms economies and the workers that fuel them. Despite underreporting, striking statistics document prevalent forms of gender-based violence globally that affect the world of work. Worldwide, women are concentrated in low-wage, insecure jobs in workplaces where they lack bargaining power, protections against gender-based violence, safe and confidential reporting systems, recourse to justice, or access to legal, medical, and psychosocial services. (7) Women living in poverty are particularly vulnerable to gender-based violence. Lack of economic opportunities often compels women to use desperate and dangerous means to provide for themselves and their families, risking significant exposure to labor exploitation and sexual exploitation and abuse for both women and their children. (8) Country studies indicate that the risk of HIV among women who have experienced violence may be up to three times higher than among those who have not experienced violence. The World Health Organization found that women who experience intimate partner violence are at more than 50 percent greater risk of HIV infection, and in some instances their risk of HIV infection increases four-fold. Women living with HIV are more likely to experience violence than other women, and fear of violence can prevent women from accessing HIV/AIDS information and receiving treatment and counseling. (9) Addressing gender inequality and gender-based violence is essential to reducing HIV risk and increasing access to HIV prevention, care and treatment services for women and men. The President’s Emergency Plan for AIDS Relief (PEPFAR) supports significant work in the field to incorporate efforts to prevent and respond to gender-based violence into existing HIV treatment and prevention programs. (10) Prevalence of sexual and physical violence is higher among persons with disabilities, particularly for adolescents and intimate partners with disabilities, and for men and women with intellectual impairments living in institutions. The World Health Organization reports that rates of gender-based violence are between 4 and 10 times greater among persons with disabilities compared to non-disabled persons. (11) Displaced, refugee, and stateless women and girls in humanitarian emergencies, conflict settings, and natural disasters face extreme violence and threats, including— (A) being forced to exchange sex for food and humanitarian supplies; and (B) being at increased risk of rape, sexual exploitation, trafficking, and abuse. (12) Rape and sexual assault against women and girls are used to torture, intimidate, and terrorize communities. Rape and sexual assault are used as tools of war in conflict zones, including the Democratic Republic of Congo, Iraq, Syria, Afghanistan, Colombia, and South Sudan. (13) Child and forced marriage— (A) is a harmful practice that deprives girls and women of their dignity and rights and creates barriers to development for communities and countries; (B) is projected to affect more than 140,000,000 girls around the world who have been or will be forced into marriage between 2011 and 2020; (C) can prematurely end girls’ education, increase vulnerability to gender-based violence, and significantly raise the risk of maternal and infant morbidity or mortality, including the risk of obstetric fistula and sexually transmitted diseases, including HIV/AIDS; and (D) is perpetuated by poverty, a lack of educational or employment opportunities for girls, a lack of legal policies and enforcement of laws, and religious, cultural, and social factors related to girls’ perceived lack of value, factors which become particularly acute in conflict and disaster settings where fears of sexual violence and overstretched coping mechanisms often drive child and forced marriage. (14) The harmful practice of female genital mutilation/cutting (FGM/C) is carried out most often on girls between infancy and 15 years of age and has impacted more than 125,000,000 girls and women around the world who are alive today. FGM/C can cause long-term health problems, including infertility, complications in childbirth, and increased risk of newborn deaths. (15) World Bank data shows that gender inequality directly corresponds to increased levels of political and economic instability within states. Gender-based violence impedes women’s meaningful participation in social, political, and economic spheres, which is essential to the stability and democratization of a country. Since women disproportionately experience gender-based violence during conflict and post-conflict reconstruction, they can play a pivotal role in preventing, mitigating, and resolving conflict, and countering extremism. (16) Gender-based violence is a contributing factor to human trafficking. Experts in the field have reported that women and girls who have experienced gender-based violence and live in societies that tolerate severe gender discrimination appear to be more vulnerable to being trafficked. Comprehensive efforts to reduce human trafficking must include efforts to prevent and respond to gender-based violence due to the intertwined relationship of the two crimes. (17) Faith-based organizations and faith leaders are key partners in the ongoing efforts to prevent and respond to gender-based violence. When properly engaged and equipped with knowledge and resources, such organizations and leaders can play a significant part in changing behaviors and norms and reducing gender-based violence. Particularly in countries that lack effective legal frameworks to address gender-based violence, such faith-based organizations and faith leaders have the standing and authority to address harmful practices, such as child marriage, intimate partner abuses, and acid throwing. 3. Statement of policy It is the policy of the United States— (1) to take effective action to prevent and respond to gender-based violence around the world as a matter of basic human rights and to promote gender equality, economic growth, and improved public health; (2) to systematically integrate and coordinate efforts to prevent and respond to gender-based violence internationally into United States foreign policy and foreign assistance programs, including peace-building efforts and humanitarian relief and recovery; (3) to support and build local capacity in developing countries, including the capacity of governments at all levels, nongovernmental organizations, especially women-led organizations, to prevent and respond to gender-based violence; (4) to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners with demonstrated experience in preventing and responding to gender-based violence, including faith-based organizations and women-led organizations; (5) to employ a multisectoral approach to preventing and responding to gender-based violence internationally, including activities in the economic, education, health, nutrition, legal, and judicial sectors; (6) to work at all levels, from the individual to the family, community, local, national, and international levels, to prevent and respond to gender-based violence around the world; (7) to enhance training by United States personnel of professional foreign military and police forces, judicial officials, and other public justice system officials, including prosecutors, including specific and thorough instruction on preventing and responding to gender-based violence around the world; (8) to engage men and boys as partners, as an essential element of making sustained reductions in gender-based violence; (9) to include the prevention of child and forced marriage as an important part of United States Government efforts to prevent violence against girls and promote gender equality and global health; (10) to require that all United States contractors and grantees establish appropriate policies and take effective measures to prevent gender-based violence and sexual exploitation and abuse, including within the workforce; (11) to exert sustained international leadership to prevent and respond to gender-based violence, including in bilateral and multilateral fora; and (12) to implement a strategy to prevent and respond to gender-based violence globally. I United States strategy to prevent and respond to gender-based violence globally 101. Global strategy requirement (a) In general Not later than 180 days after the date of the enactment of this Act, and every 4 years thereafter, the Ambassador-at-Large for Global Women’s Issues at the Department of State appointed pursuant to section 201 (referred to in this section as the Ambassador-at-Large Senior Coordinator (1) develop or update, in consultation with civil society, including service providers, a United States global strategy to prevent and respond to gender-based violence, using evidence-based interventions and standards that address the root causes of, and provide comprehensive responses to, gender-based violence; (2) submit the strategy under paragraph (1) to the appropriate congressional committees for comment and review; and (3) make the strategy publicly available on the internet. (b) Initial strategy For the purposes of this section, an existing United States strategy to prevent and respond to gender-based violence may be deemed to fulfill the initial requirement under subsection (a). (c) Collaboration and coordination In developing the strategy under subsection (a), the Ambassador-at-Large and the Senior Coordinator shall consult with— (1) the heads of relevant Federal agencies; (2) the Senior Policy Operating Group on Trafficking in Persons; and (3) representatives of civil society, including nongovernmental organizations, faith-based organizations, multilateral organizations, local and international civil society groups, and local service providers and beneficiaries with demonstrated experience in addressing gender-based violence or promoting gender equality internationally. (d) Use of funds Amounts appropriated or otherwise made available to carry out the activities under this section shall be subject to all applicable restrictions under Federal law. (e) Rule of construction Nothing in this section may be construed to authorize any additional appropriations to carry out the strategy under subsection (a). II Oversight and Accountability 201. Definitions In this title: (1) Agency The term Agency (2) Ambassador The term Ambassador (3) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate (B) the Committee on Appropriations of the Senate (C) the Committee on Foreign Affairs of the House of Representatives (D) the Committee on Appropriations of the House of Representatives (4) Gender analysis The term gender analysis (A) means a socioeconomic analysis of available or gathered quantitative and qualitative information to identify, understand, and explain gaps between men and women, which typically involves examining— (i) differences in the status of women and men and differential access to and control over assets, resources, education, opportunities, and services; (ii) the influence of gender roles, structural barriers, and norms on the division of time between paid, unpaid work (including the subsistence production and care for family members), and volunteer activities; (iii) the influence of gender roles, structural barriers, and norms on leadership roles and decision making; constraints, opportunities, and entry points for narrowing gender gaps and empowering women; and (iv) potential differential impacts of development policies and programs on men and women, including unintended or negative consequences; and (B) includes conclusions and recommendations to enable development policies and programs— (i) to narrow gender gaps; and (ii) to improve the lives of women and girls. (5) Office The term Office (6) Senior coordinator The term Senior Coordinator 202. Office of Global Women’s Issues (a) Establishment The Secretary of State shall establish in the Office of the Secretary of the Department of State the Office of Global Women’s Issues. The Office shall be headed by an Ambassador-at-Large for Global Women’s Issues, who shall be appointed by the President, by and with the advice and consent of the Senate. The Ambassador shall report directly to the Secretary and shall have the rank and status of Ambassador-at-Large. (b) Purpose In addition to the duties described in subsection (c) and duties determined by the Secretary of State, the Ambassador shall coordinate efforts of the United States Government as directed by the Secretary regarding approaches that promote equality and advance the status of women and girls in United States foreign policy. (c) Duties (1) In general The Ambassador— (A) in consultation with the Senior Coordinator, shall direct activities, policies, programs, and funding relating to gender equality and the advancement of women and girls internationally, including those intended to prevent and respond to gender-based violence, for all bureaus and offices of the Department of State; (B) shall actively promote and advance the integration of gender analysis into the programs, structures, processes, and capacities of bureaus and offices of the Department of State and in the international programs of other Federal agencies; (C) shall direct United States Government resources, as appropriate, to respond to needs for promoting gender equality and the empowerment of women in United States Government foreign policies and international programs, including to prevent and respond to gender-based violence internationally; (D) may design, support, and implement activities regarding empowerment of women internationally, including for the prevention of and response to gender-based violence internationally; (E) shall conduct regular consultation with civil society organizations working to prevent and respond to gender-based violence internationally; (F) shall ensure that programs, projects, and activities designed to prevent and respond to gender-based violence internationally are subject to rigorous monitoring and evaluation, and that there is a uniform set of indicators and standards for such monitoring and evaluation that is used across all Federal agencies; (G) shall serve as the principal advisor to the Secretary of State regarding gender equality, women’s empowerment, and gender-based violence as a foreign policy matter; and (H) is authorized to represent the United States in diplomatic and multilateral fora on matters relevant to the status of women and girls, including gender-based violence internationally. (2) Information sharing and transparency The Office— (A) shall be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to gender-based violence around the world; and (B) shall produce a full accounting of United States Government spending on such programs, projects, and activities. 203. Senior Coordinator for Gender Equality and Women’s Empowerment (a) Establishment There is established in the Agency the position of Senior Coordinator for Gender Equality and Women’s Empowerment. The Senior Coordinator shall— (1) report to the Administrator of the Agency; and (2) conduct duties as directed by the Administrator to promote the purposes of this Act. (b) In general The Senior Coordinator— (1) in consultation with the Ambassador, shall coordinate activities, policies, programs, and funding of the Agency relating to gender equality and women’s empowerment, including those intended to prevent and respond to gender-based violence; (2) shall actively promote and advance the integration of gender analysis into the programs, structures, processes, and capacities of all bureaus and offices of the Agency as dictated by the Agency’s Gender Equality and Female Empowerment Policy; (3) shall coordinate Agency resources for gender equality and women’s empowerment, including to prevent and respond to gender-based violence internationally; (4) may design, support, and implement activities led by the Agency regarding gender equality and women’s empowerment, including for the prevention and response to gender-based violence internationally; (5) shall conduct regular consultation with civil society organizations working to prevent and respond to gender-based violence internationally; (6) shall serve as the principal advisor to the Administrator regarding gender equality, women’s empowerment, and gender-based violence; and (7) shall track and analyze monitoring and evaluation data and findings on international prevention and response programs of the Agency, consistent with Agency-wide monitoring and evaluation activities, to assist in the preparation of the comprehensive strategy developed under section 101(a). 204. Briefing Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador and the Senior Coordinator shall provide, to the appropriate congressional committees— (1) a briefing on international gender-based violence prevention and response strategies, programming, and associated outcomes; and (2) an assessment of human and financial resources necessary to fulfill the purposes and duties under this Act. | International Violence Against Women Act of 2022 |
U.S. Hostage and Wrongful Detainee Day Act of 2022 This bill designates March 9 as Hostage and Wrongful Detainee Day. The bill also designates the Hostage and Wrongful Detainee Flag as a symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents held as hostages or wrongfully detained abroad. | 117 S5243 IS: U.S. Hostage and Wrongful Detainee Day Act of 2022 U.S. Senate 2022-12-13 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. 5243 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Coons Mr. Rubio Committee on the Judiciary A BILL To amend title 36, United States Code, to designate March 9 as U.S. Hostage and Wrongful Detainee Day and to designate the Hostage and Wrongful Detainee flag as an official symbol to recognize citizens of the United States held as hostages or wrongfully detained abroad. 1. Short title This Act may be cited as the U.S. Hostage and Wrongful Detainee Day Act of 2022 2. Designation (a) Hostage and Wrongful Detainee Day (1) In general Chapter 1 (A) by redesignating the second section 146 (relating to Choose Respect Day) as section 147; and (B) by adding at the end the following: 148. U.S. Hostage and Wrongful Detainee Day (a) Designation March 9 is U.S. Hostage and Wrongful Detainee Day. (b) Proclamation The President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities. . (2) Technical and conforming amendment The table of sections for chapter 1 147. Choose Respect Day. . 148. U.S. Hostage and Wrongful Detainee Day. . (b) Hostage and Wrongful Detainee flag (1) In general Chapter 9 904. Hostage and Wrongful Detainee flag (a) Designation The Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad. (b) Required display (1) In general The Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2). (2) Days specified The days specified in this paragraph are the following: (A) U.S. Hostage and Wrongful Detainee Day, March 9. (B) Flag Day, June 14. (C) Independence Day, July 4. (D) Any day on which a citizen or lawful permanent resident of the United States— (i) returns to the United States from being held hostage or wrongfully detained abroad; or (ii) dies while being held hostage or wrongfully detained abroad. (3) Locations specified The locations specified in this paragraph are the following: (A) The Capitol. (B) The White House. (C) The buildings containing the official office of— (i) the Secretary of State; and (ii) the Secretary of Defense. (c) Display To be in a manner visible to the public Display of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public. (d) Limitation This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag. . (2) Technical and conforming amendment The table of sections for chapter 9 904. Hostage and Wrongful Detainee flag. . | U.S. Hostage and Wrongful Detainee Day Act of 2022 |
National Development Strategy and Coordination Act of 2022 This bill establishes the Interagency Committee for the Coordination of National Development Financing Programs within the Executive Office of the President. The committee must develop a national strategy to (1) address vulnerabilities in the domestic supply chains of critical industries, (2) strengthen U.S. industrial and manufacturing capabilities, and (3) support targeted job growth and economic development. The bill authorizes the Federal Financing Bank to provide financing assistance to carry out certain directives made by the committee. | 116 S5246 IS: National Development Strategy and Coordination Act of 2022 U.S. Senate 2022-12-13 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. 5246 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To establish a National Development Strategy, and for other purposes. 1. Short title This Act may be cited as the National Development Strategy and Coordination Act of 2022 2. Definitions In this Act: (1) Appropriate congressional committee The term appropriate congressional committee (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Financial Services, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Country of concern The term country of concern (A) the People’s Republic of China and any other foreign government or foreign non-government person determined to be a foreign adversary under section 7.4 of title 15, Code of Federal Regulations, or any successor regulation; or (B) any country determined by the Secretary of Commerce, in consultation with the United States Trade Representative, the Secretary of Defense, and the Director of National Intelligence, to have inadequate safeguards in place to protect United States funds (or intellectual property developed using such funds) from theft or transfer to a foreign government or foreign non-government person described in subparagraph (A). (3) Entity of concern The term entity of concern (A) an entity headquartered in a country of concern; (B) an entity that is more than 25-percent owned by individuals or entities in countries of concern; (C) an entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly referred to as the SDN list (D) an entity on the Non-SDN Chinese Military-Industrial Complex Companies List— (i) established pursuant to Executive Order 13959 ( 50 U.S.C. 1701 (ii) maintained by the Office of Foreign Assets Control; (E) a Chinese military company on the list required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 10 U.S.C. 113 (F) an entity on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, or any successor regulation; (G) an entity that produces equipment or services on the list of communications equipment and services that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons maintained by the Federal Communications Commission under section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 (H) any entity that is majority owned or controlled by, or under common ownership or control with, an entity described in any of subparagraphs (A) through (G). 3. Establishment of the Interagency Committee for the coordination of National Development Financing Programs (a) Establishment There is established in the Executive Office of the President a Committee to be known as the Interagency Committee for the Coordination of National Development Financing Programs (referred to in this Act as the Committee (b) Membership (1) Composition The Committee shall consist of the following members: (A) The Secretary of Transportation or a designee of the Secretary. (B) The Secretary of Energy or a designee of the Secretary. (C) The Secretary of Commerce or a designee of the Secretary. (D) The Secretary of Labor or a designee of the Secretary. (E) The Secretary of the Treasury or a designee of the Secretary. (F) The Administrator of the Small Business Administration or a designee of the Administrator. (G) The Secretary of Defense or a designee of the Secretary. (H) The Director of National Intelligence or a designee of the Director. (I) The Secretary of Agriculture or a designee of the Secretary. (J) The United States Trade Representative or their designee. (K) The Chair of the Board of Governors of the Federal Reserve or a designee of the Chair, who shall serve as a nonvoting member. (L) The Secretary of the Treasury or a designee of the Secretary, who shall serve as the chair of the Committee. (2) Tie vote In the event of a tie vote, the vote of the chair of the Committee shall serve as the tie-breaker. (c) Duties The Committee— (1) shall submit to Congress the National Development Strategy described in subsection (d); (A) not later than 1 year after the date of enactment of this Act; and (B) not later than 1 year after January 20, 2024, and every 4 years thereafter, and in each such year not earlier than the latest date on which the budget of the President may be submitted to Congress under section 1105(a) of title 31, United States Code, submit to Congress the National Development Strategy described in subsection (d); and (2) shall identify economic sectors of the United States, regions of the United States, and, as necessary and supported by substantial evidence, projects or partnerships that advance the goals of the National Development Strategy described in subsection (d), to which financing assistance should be prioritized by member agencies of the Committee and should be provided or supported by the Federal Financing Bank. (d) National Development Strategy The Committee shall develop a publicly available (except for an allowable classified annex) National Development Strategy, which shall— (1) identify and address vulnerabilities in United States supply chains in industries critical to national security; (2) identify and address vulnerabilities and shortfalls in domestic manufacturing capabilities that threaten the ability of the United States to maintain a global advantage in innovation and manufacturing; (3) identify weaknesses and discuss opportunities to strengthen the broad industrial base of the United States, which may include— (A) strengthening supply chain resiliency; (B) supporting industries critical for the national security; (C) developing technologies that provide scientific or commercial value to the United States; (D) supporting job growth and development of critical manufacturing capabilities within the United States workforce; (E) supporting the development and adoption of innovative resource extraction technologies, including for renewable energy; and (F) supporting job growth and economic development in critical industries in communities designated as qualified opportunity zones under section 1400Z–1 (4) identify industries and regions in the United States that require assistance in order to address vulnerabilities and advance the goals described in paragraphs (1), (2), and (3); and (5) outline a strategic plan to promote investment in the industries described in paragraph (4), which shall include— (A) an estimate of the amount and nature of public financing needed to achieve the goals and address vulnerabilities described in paragraphs (1), (2), and (3); (B) an inventory of all Federal programs in existence as of the date of the National Development Strategy that are capable of providing the financing described in subparagraph (A), the level of investment from each such Federal program in the preceding 5-year period, and a detailed description of how each such program is advancing development goals in the United States; (C) recommendations as to how Federal agencies may, under existing Federal authorities, leverage and attract private investment to accomplish the goals described in this subsection; (D) recommendations, if applicable, on any changes to Federal financing programs, including changes to how financing decisions are prioritized or creation of new financing programs, that may be needed to advance the goals of the National Development Strategy; (E) directives to the Federal Financing Bank to accomplish the goals of the National Development Strategy; and (F) performance metrics to evaluate and monitor projects supported by the Federal Financing Bank in alignment with the National Development Strategy. (e) Advice and input The Committee shall seek the advice and input of industry partners, manufacturing policy experts, State and local development officials, and manufacturing worker interests when preparing the National Development Strategy described in subsection (d), including by— (1) holding not less than 4 public hearings per year, either virtually or in-person, during which industry representatives, worker groups, and regional representatives can provide insight into strategic development prioritization; and (2) establishing an Industry Advisory Board of not more than 10 members appointed by the President, which shall include— (A) an expert in industry competitiveness and national security; (B) a manufacturing trade association representative; (C) a representative of small business government contractors; (D) a manufacturing worker representative; (E) a representative from a private investment firm investing in critical industries and frontier technology; and (F) such other representatives as the President may appoint. (f) Assessment of National Development Strategy In January of each year in which the Committee does not submit a new National Development Strategy as required under subsection (d), the Committee shall submit to the appropriate congressional committees an assessment of the most recently published National Development Strategy, which shall include— (1) an accounting of any new investments made by the Federal Financing Bank or member agencies of the Committee in the preceding year, including ZIP Code, North American Industry Classification System code, and financing stage; (2) the performance of such investments, in accordance with performance metrics established by the Committee; (3) an assessment of the implementation of the National Development Strategy, including an assessment by each agency represented on the Committee, supported by sufficient evidence, of steps taken to align such agencies’ financing, research, and development activities with the goals of the National Development Strategy; and (4) a determination on whether or not an update is needed to the National Development Strategy as a result of a change in assumptions, geopolitical dynamics, or other factors. (g) Memorandum of coordination with Federal agencies engaged in investment and financing activities Not later than 1 year after the date of enactment of this Act, the Committee shall negotiate a memorandum of understanding among the Federal agencies represented on the Committee, which shall— (1) establish procedures for— (A) aligning their respective investment and financing authorities to ensure maximum efficiency and comply with the goals of the National Development Strategy; (B) resolving conflicts in cases of overlapping jurisdiction between their respective agencies; and (C) avoiding conflicting or duplicative operation of services. (2) be reviewed and updated annually in coordination with the submission of the assessment outlined in subsection (f). (h) Meetings The Committee shall meet regularly and as required by the President, but not less frequently than annually. (i) Strategic alignment Each Federal agency represented on the Committee shall— (1) consult on a regular basis the most recently published National Development Strategy described in subsection (d); and (2) to the extent practicable, give priority consideration to projects that align with the goals of the National Development Strategy when engaged in financing, research, and development activities. 4. Requirements of the Federal Financing Bank relating to the National Development Strategy (a) In general The Federal Financing Bank Act of 1973 ( 12 U.S.C. 2281 et seq. 21. Functions with respect to the Committee (a) In general The Bank shall carry out any directives made to the Bank by the Interagency Committee for the Coordination of National Development Financing Programs pursuant to subsections (c)(2) and (d)(5)(E) of section 3 of the National Development Strategy and Coordination Act of 2022 (b) Activities Pursuant to subsection (a), the Bank is authorized, upon direction by the Interagency Committee for the Coordination of National Development Financing Programs, to— (1) issue securities that are backed by financing assistance through any member agency of the Committee; (2) purchase from the private market loans or other debt or equity instruments guaranteed in whole or in part by any member agency of the Committee; and (3) participate in agency loans or loan guarantees in an amount less than 100 percent of the principal amount of financing. (c) Purchase not for resale As directed by the Interagency Committee for the Coordination of National Development Financing Programs in accordance with the National Development Strategy established under section 3(d) of the National Development Strategy and Coordination Act of 2022 22. Secondary market operations Except as otherwise provided in the National Development Strategy and Coordination Act of 2022 23. Ombudsman The Board of Directors of the Bank shall designate an official as the Ombudsman who shall— (1) review investments made by the Bank on projects or partnerships identified by the Interagency Committee for the Coordination of National Development Financing Programs; (2) review the risk profiles and performance of any such projects or partnerships; (3) provide oversight relating to any such projects or partnerships; and (4) provide annually to the appropriate congressional committees a report detailing investments made by the Bank in projects or partnerships identified by the Committee described in paragraph (1), the performance of such investments, and any new or existing investments that may present cause for concern regarding the potential of repayment or lack of alignment with strategic directives. . (b) Federal Credit Reform Act If the Committee determines that a project or partnership receiving financial assistance through any member agency is investing in frontier technologies for which no reasonable market comparison exists, obligations purchased in connection with such project or partnership by the Federal Financing Bank under section 21 of the Federal Financing Bank Act of 1973, as added by subsection (a) of this section, shall not be subject to the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. 5. Authorization of appropriations for the Federal Financing Bank (a) In general There is authorized to be appropriated to the Federal Financing Bank, to remain available for 10 years after the date of distribution, to carry out projects and partnerships selected by the National Development Strategy established under section 3(d) of this Act— (1) for fiscal year 2023, $5,000,000,000; (2) for fiscal year 2024, $5,000,000,000; (3) for fiscal year 2025, $5,000,000,000; and (4) for fiscal year 2026, $5,000,000,000; (b) Set aside Not more than 2 percent of funds appropriated under this section shall be utilized for administrative costs, including the hiring of new staff to oversee and accomplish the functions of the Federal Financing Bank. (c) Sense of Congress It is the sense of Congress that the Federal Financing Bank should use amounts appropriated under this section as soon as possible. 6. Prohibitions and policy (a) Prohibition No funding or authorities provided under this Act may be used to support projects or partnerships with any entity of concern. (b) Policies Not later than 180 days after the date of enactment of this Act, the Committee shall establish policies to ensure that any support to projects or partnerships provided by the Federal Financing Bank in accordance with this Act— (1) includes assurances that no support provided in such project or partnership shall be used to expand operations in a country of concern; (2) includes protections to ensure against transfer of intellectual property to countries of concern; and (3) includes requirements that any firm participating in a project or partnership funded by this Act disclose any affiliate, parent company, or subsidiary located in a country of concern. | National Development Strategy and Coordination Act of 2022 |
Equal Justice Under Law Act of 2022 This bill authorizes the use of class action suits as a remedy if a state or political subdivision of a state systemically fails to provide indigent defendants with effective counsel at critical stages of their prosecutions, including at bail hearings. | 117 S5247 IS: Equal Justice Under Law Act of 2022 U.S. Senate 2022-12-13 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. 5247 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Booker Committee on the Judiciary A BILL To enforce the Sixth Amendment right to the assistance of effective counsel at all stages of the adversarial process, to confer jurisdiction upon the district courts of the United States to provide declaratory and injunctive relief against systemic violations of such right, and for other purposes. 1. Short title This Act may be cited as the Equal Justice Under Law Act of 2022 2. Effective assistance of counsel (a) In general An indigent individual facing criminal prosecution or juvenile delinquency in a State court shall be entitled to the effective assistance of counsel, as guaranteed by the Sixth Amendment and the 14th Amendment to the Constitution of the United States, at the expense of the State. (b) Delegation Each State shall secure effective assistance of counsel for indigent defendants, regardless of whether the State delegates fiscal or administrative authority over the indigent defense function to a political subdivision of the State. (c) Ineffective assistance For purposes of this section, the assistance of counsel is ineffective if the performance of counsel was not reasonable under prevailing professional norms. 3. Remedy (a) Class action authorized (1) In general If a State official or 1 or more political subdivisions of the State fails on a systemic basis to guarantee the right to the assistance of effective counsel as guaranteed by the Sixth Amendment and the 14th Amendment to the Constitution of the United States, including delay of counsel and denial of counsel at critical stages including bail hearings, an individual aggrieved by a violation of section 2 may commence a civil class action in an appropriate district court of the United States to seek declaratory, injunctive, or other equitable relief. (2) Evidence To prevail in a class action described in paragraph (1), structural evidence, such as statistics and national standards, may be probative of the existence of systemic denials of counsel and may be sufficient evidence, if the trier of fact is persuaded by a preponderance of all evidence presented at trial. (b) Attorney’s fees In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party, other than a named official of a State or political subdivision of a State, a reasonable attorney’s fee as part of the costs. In awarding an attorney’s fee under this subsection, the court, in its discretion, may include expert fees as part of the attorney’s fee. (c) Savings provision Nothing in this section shall restrict any right that any individual has under any other statute or under common law to seek redress for a violation of the right to counsel. 4. Edward Byrne Memorial Justice Assistance Grant Program Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3751(b) , in consultation with public defenders, may | Equal Justice Under Law Act of 2022 |
Mental Health Workforce for Kids Act This bill reauthorizes through FY2027 and makes other changes to a demonstration program that supports integrating primary care and behavioral health care in underserved, community-based settings through the provision of training to health care providers. Specific changes include expanding the types of providers who may receive training through the program and incorporating a particular focus on pediatrics. | 117 S5248 IS: Mental Health Workforce for Kids Act U.S. Senate 2022-12-13 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. 5248 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Casey Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the training demonstration program, and for other purposes. 1. Short title This Act may be cited as the Mental Health Workforce for Kids Act 2. Reauthorization of training demonstration program with provisions to strengthen the pediatric mental health care workforce Section 760 of the Public Health Service Act ( 42 U.S.C. 294k (1) in subsection (a)— (A) in paragraph (2)— (i) by striking nurse practitioners, physician assistants, health service psychologists, and social workers registered nurses and nurse practitioners, physician assistants, health service psychologists, counselors, social workers, and other health care providers (as the Secretary determines appropriate to provide trauma-informed, developmentally appropriate care for pediatric mental health, developmental, and substance use disorders) (ii) by striking ; and (B) in paragraph (3)— (i) in subparagraph (A), by inserting or pediatric mental health and substance use disorder care addiction (ii) in subparagraph (B), by striking the period and inserting ; and (C) by adding at the end the following: (4) training for provisionally licensed mental health and substance use disorder professionals in underserved community-based settings. ; (2) in subsection (b)— (A) in paragraph (1)(A)(i)— (i) in subclause (l), by inserting or child and adolescent psychiatry addiction medicine (ii) in subclause (ll), by inserting or child and adolescent psychiatry addiction medicine (B) by adding at the end the following: (4) Support for provisionally-licensed providers A recipient of a grant under subsection (a)(4)— (A) shall use the grant funds to provide clinical training or to provide trainee support, including in the form of stipends, to individuals pursuing postgraduate supervised clinical training required for licensure to provide mental and behavioral health services, public health services, or primary care services, as appropriate; and (B) may use the grant funds to provide additional support for the administration of the program or to meet the costs of projects to establish, maintain, or improve clinical supervision or departments, divisions, or other units necessary to implement such program. ; (3) in subsection (c)— (A) in paragraph (1)(A)(ii)(II), by inserting or child and adolescent psychiatry addiction medicine (B) in paragraph (2)— (i) in subparagraph (E), by striking ; or (ii) in subparagraph (F), by striking nurse practitioners, physician assistants, health service psychologists, and social workers. registered nurses and nurse practitioners, physician assistants, health service psychologists, counselors, social workers, and other health care providers (as the Secretary determines appropriate to provide trauma-informed, developmentally appropriate care for pediatric mental health, developmental, and substance use disorders); or (iii) by adding at the end the following: (G) a children’s hospital or children’s health system providing pediatric health services— (i) to a high percentage of children covered under a State Medicaid program under title XIX of the Social Security Act or a State Children's Health Insurance program under title XXI of such Act; or (ii) in a rural community. ; and (C) by adding at the end the following: (4) Support for provisionally-licensed providers To be eligible to receive a grant under subsection (a)(4), an entity shall be— (A) an accredited institution of higher education that provides clinical training to provisionally licensed professionals; (B) an accredited professional training program that provides clinical training to provisionally licensed professionals; or (C) a nonprofit private or public organization that provides clinical training to provisionally licensed professionals, as the Secretary determines appropriate. ; (4) in subsection (d)(1)(A)— (A) by striking nurse practitioners health service psychologists, counselors, registered nurses, nurse practitioners (B) by inserting or pediatric mental health and substance use disorder care addiction medicine (5) in subsection (g), by striking $10,000,000 for each of fiscal years 2018 through 2022 such sums as may be necessary for each of fiscal years 2023 through 2027 | Mental Health Workforce for Kids Act |
Preserving Patient Access to Value-Based Care Act This bill extends certain incentive payments for health professionals who participate in eligible alternative payment models under Medicare. | 117 S5249 IS: Preserving Patient Access to Value-Based Care Act U.S. Senate 2022-12-14 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. 5249 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Barrasso Mr. Whitehouse Committee on Finance A BILL To amend title XVIII of the Social Security Act to encourage participation in advanced payment models. 1. Short title This Act may be cited as the Preserving Patient Access to Value-Based Care Act 2. Advanced payment model incentive, participation, and threshold modifications (a) In general Section 1833(z) of the Social Security Act ( 42 U.S.C. 1395l(z) (1) in paragraph (1)(A), by striking 2024 2026 (2) in paragraph (2)(C)— (A) in clause (i), by striking 75 percent the applicable percent (as defined in clause (iv)) for such year (B) in clause (ii)(I)— (i) in the matter preceding item (aa), by striking 75 percent the applicable percent (as defined in clause (iv)) for such year (ii) in item (bb)— (I) by striking and other than payments made under title XIX other than payments made under title XIX (II) by striking State program under that title), State program under that title, and other than payments made by payers in which no payment or program meeting the requirements described in clause (iii)(II) is available from the payer for participation by the eligible professional) (C) by adding at the end the following new clause: (iv) Applicable percent defined For purposes of clauses (i) and (ii), the term applicable percent (I) for 2025, a percent specified by the Secretary, but in no case less than 50 percent or more than 55 percent; and (II) for a subsequent year, a percent specified by the Secretary, but in no case less than the percent specified under this clause for the preceding year or more than 5 percentage points higher than the percent specified under this clause for such preceding year. . (b) Partial qualifying apm participant modifications Section 1848(q)(1)(C)(iii)(III) of the Social Security Act ( 42 U.S.C. 1395w–4(q)(1)(C)(iii)(III) (1) in item (aa), by striking 75 percent was instead a reference to 50 percent the applicable percent was instead a reference to 10 percentage points less than the applicable percent (2) in item (bb)— (A) by striking 75 percent the applicable percent (B) by striking 50 percent 10 percentage points less than the applicable percent | Preserving Patient Access to Value-Based Care Act |
Community Mental Wellness and Resilience Act of 2022 This bill requires the Centers for Disease Control and Prevention to award competitive grants to consortia that represent various community entities (e.g., schools, businesses, and health and human services providers) for carrying out community mental wellness and resilience programs that use a public health approach. | 117 S5251 IS: Community Mental Wellness and Resilience Act of 2022 U.S. Senate 2022-12-14 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. 5251 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Markey Mr. Blumenthal Mr. Merkley Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to promote mental wellness and resilience and heal mental health, behavioral health, and psychosocial problems through age and culturally appropriate community programs, and award grants for the purpose of establishing, operating, or expanding community-based mental wellness and resilience programs, and for other purposes. 1. Short title This Act may be cited as the Community Mental Wellness and Resilience Act of 2022 2. Grant program for community mental wellness and resilience programs Title III of the Public Health Service Act is amended by inserting after section 317U ( 42 U.S.C. 247b–23 317V. Grant program for community wellness and resilience programs (a) Grants (1) Program grants (A) Awards The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, shall carry out a program of awarding grants to eligible entities, on a competitive basis, for the purpose of establishing, operating, or expanding community mental wellness and resilience programs. (B) Amount The amount of a grant under subparagraph (A) shall not exceed $4,000,000. (2) Planning grants (A) Awards The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, shall award grants to entities— (i) to organize a consortium that meets the requirements of subsection (c); (ii) to perform assessments of need with respect to community mental wellness and resilience; and (iii) to prepare an application for a grant under paragraph (1). (B) Amount The amount of a grant under subparagraph (A), with respect to any consortium to be organized for applying for a grant under paragraph (1), shall not exceed $15,000. (b) Program requirements A community mental wellness and resilience program funded pursuant to a grant under subsection (a)(1) shall take a public health approach to mental health to strengthen the entire community’s psychological and emotional wellness and resilience, including by— (1) collecting and analyzing information from residents, as well as quantitative data, to identify— (A) protective factors that enhance and sustain the community’s capacity for mental wellness and resilience; and (B) risk factors that undermine such capacity; (2) strengthening such protective factors and addressing such risk factors; (3) building awareness, skills, tools, and leadership in the community to— (A) facilitate using a public health approach to mental health; and (B) heal mental health and psychosocial problems among all adults and youth; and (4) developing, implementing, and continually evaluating and improving a comprehensive strategic plan for carrying out the activities described in paragraphs (1), (2) and (3) that includes— (A) evidence-based or promising best practices for— (i) enhancing local economic and environmental conditions and environmental resilience, including with respect to the built environment; (ii) becoming trauma-informed and learning simple self-administrable mental wellness and resilience skills; (iii) engaging in community activities that strengthen mental wellness and resilience; (iv) partaking in nonclinical group and community-minded recovery and healing programs; and (v) other activities to promote mental wellness and resilience, combat climate anxiety, and heal individual and community traumas; and (B) age-appropriate and culturally appropriate methods to engage people in building social connections. (c) Eligible entities (1) In general To be eligible to receive a grant under subsection (a)(1), an applicant shall be a nonprofit or community organization that has entered into, or will use planning funding awarded under subsection (a)(2) to enter into, a consortium with entities from at least 5 of the categories listed in paragraph (2). (2) Categories The categories listed in this paragraph are the following: (A) Grassroots groups, neighborhood associations, and volunteer civic organizations. (B) Elementary and secondary schools, institutions of higher education including community colleges, job-training programs, and other education or training agencies or organizations. (C) Youth after-school and summer programs. (D) Family and early childhood education programs. (E) Faith and spirituality organizations. (F) Senior care organizations. (G) Climate change mitigation and adaptation, and environmental conservation, groups and organizations. (H) Social and environmental justice groups and organizations. (I) Disaster preparedness and response groups and organizations. (J) Businesses and business associations. (K) Agencies and organizations involved with community safety. (L) Social work, mental health, behavioral health, substance use, physical health, and public health professionals; public health agencies and institutions; and mental health, behavioral health, social work, and other professionals, groups, organizations, agencies, and institutions in the health and human services fields. (M) The general public, including individuals who have experienced mental health or psychosocial problems who can represent and engage with populations relevant to the community. (d) Priority In awarding a grant under subsection (a)(1) or (a)(2), the Secretary shall give priority to applicants proposing to carry out a community mental wellness and resilience program that uses a public health approach to mental health to develop, implement, and continually evaluate and improve age and culturally appropriate education, skills training, and other services that use a strength-based approach to enhance the capacity for mental wellness and resilience for all types of toxic stresses and traumas among all adults and youth in the community. (e) Report (1) Submission Not later than the end of calendar year 2028, the Secretary shall submit a report to the Congress on the results of the grants under subsection (a)(1). (2) Contents Such report shall include a summary of the best practices used by grantees in establishing, operating, or expanding community mental wellness and resilience programs. (f) Definitions In this section: (1) The term public health approach to mental health (A) take a population-level approach to promote mental wellness and resilience to prevent problems before they emerge and heal them when they do appear, not merely treating individuals one at a time after symptoms of pathology appear; and (B) address mental health and psychosocial problems by— (i) identifying and strengthening existing protective factors, and forming new ones, that buffer people from and enhance their capacity for psychological and emotional resilience; and (ii) taking a holistic systems perspective that recognizes that most mental health and psychosocial problems result from numerous interrelated personal, family, social, economic, and environmental factors that require multipronged community-based interventions. (2) The term community (3) The term community trauma (4) The term protective factors (A) are associated with a lower likelihood of negative outcomes of adversities; or (B) reduce the impact on people of toxic stresses or a traumatic experience. (5) The term mental wellness (A) realize their own potential; (B) constructively cope with the stresses of life; (C) work productively and fruitfully; and (D) make a contribution to their community. (6) The term psychosocial problem (7) The term resilience (A) respond without negative consequences for themselves or others; and (B) use the experiences as catalysts to develop a constructive new sense of meaning, purpose, and hope. (8) The term toxic stress (g) Authorization of appropriations To carry out this section, there is authorized to be appropriated $30,000,000 for the period of fiscal years 2024 through 2028. . | Community Mental Wellness and Resilience Act of 2022 |
Right to Private Conduct Act of 2022 This bill provides statutory authority for the right of adults to engage in private, consensual sexual conduct with other adults. | 117 S5252 IS: Right to Private Conduct Act of 2022 U.S. Senate 2022-12-14 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. 5252 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Schatz Mr. Blumenthal Ms. Hirono Mrs. Feinstein Committee on the Judiciary A BILL To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. 1. Short title This Act may be cited as the Right to Private Conduct Act of 2022 2. Definition In this Act, the term adult (1) 18 years or age; or (2) the minimum age at which an individual may consent to sexual conduct under applicable State law. 3. Protection of the right of adults to engage in private, non-commercial, consensual sexual conduct (a) In general No person acting under color of law may— (1) prevent an adult from engaging in private, non-commercial, consensual sexual conduct with another adult; (2) interfere with an adult engaging in private, non-commercial, consensual sexual conduct with another adult; or (3) intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult. (b) Enforcement For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 (2) Section 241 of title 18, United States Code. (3) Section 242 of title 18, United States Code. (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 (c) Clarification Subsection (a) shall not apply to any law (including any regulation) prohibiting public sexual conduct, forced or non-consensual sexual conduct, or sexual conduct with a minor. 4. Rules of construction (a) In general In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purpose of ensuring the right of an adult to engage in private, non-commercial, consensual sexual conduct with another adult. (b) Other laws Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act. (c) Other individuals considered as acting under color of law Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. 5. Severability If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. | Right to Private Conduct Act of 2022 |
Hong Kong Economic and Trade Office (HKETO) Certification Act This bill requires the President to periodically determine whether to allow the Hong Kong Economic and Trade Offices (HKETOs) to continue to operate in the United States. (The HKETOs are the official representative offices for Hong Kong, a semi-autonomous city that was established as a British colony in 1841. The United Kingdom transferred sovereignty over Hong Kong to China in 1997). Under this bill, the President must periodically (at least once a year) certify to Congress a determination as to whether the HKETOs should be covered by the International Organizations Immunities Act. (The act provides immunities and privileges to certain international organizations, such as immunity from certain lawsuits and exemption from property taxes.) If the President certifies that the HKETOs no longer merit receiving such privileges and immunities, the HKETOs must terminate operations in the United States no later than 180 days after the certification is delivered to Congress. If the President certifies that the HKETOs continue to merit such privileges and immunities, the HKETOs may continue operations for another year, unless Congress enacts a joint resolution disapproving of the certification. The President may also revoke the application of such privileges and immunities to the HKETOs. A federal government entity may enter into an agreement or partnership with an HKETO only if the HKETOs are still authorized to operate in the United States under this bill. | 117 S5253 IS: Hong Kong Economic and Trade Office (HKETO) Certification Act U.S. Senate 2022-12-14 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. 5253 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Rubio Committee on Foreign Relations A BILL To require the President to remove the extension of certain privileges, exemptions, and immunities to the Hong Kong Economic and Trade Offices if Hong Kong no longer enjoys a high degree of autonomy from the People’s Republic of China, and for other purposes. 1. Short title This Act may be cited as the Hong Kong Economic and Trade Office (HKETO) Certification Act 2. Certification on whether to extend certain privileges, exemptions, and immunities to the Hong Kong Economic and Trade Offices in the United States (a) Certification required Not later than 30 days after the date of the enactment of this Act, and thereafter as part of each certification required by the Secretary of State under section 205(a)(1)(A) of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5725(a)(1)(A) (1) the Hong Kong Economic and Trade Offices— (A) merit extension and application of the privileges, exemptions, and immunities specified in subsection (b); or (B) no longer merit extension and application of the privileges, exemptions, and immunities specified in subsection (b); and (2) a detailed report justifying that certification. (b) Privileges, exemptions, and immunities specified The privileges, exemptions, and immunities specified in this subsection are the privileges, exemptions, and immunities extended and applied to the Hong Kong Economic and Trade Offices under section 1 of the Act entitled An Act to extend certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices 22 U.S.C. 288k (c) Effect of certification (1) Termination If the President certifies under subsection (a)(1)(B) that the Hong Kong Economic and Trade Offices no longer merit extension and application of the privileges, exemptions, and immunities specified in subsection (b), the Hong Kong Economic and Trade Offices shall terminate operations not later than 180 days after the date on which that certification is delivered to the appropriate congressional committees. (2) Continued operations If the President certifies under subsection (a)(1)(A) that the Hong Kong Economic and Trade Offices merit extension and application of the privileges, exemptions, and immunities specified in subsection (b), the Hong Kong Economic and Trade Offices may continue operations for the one-year period following the date of that certification or until the next certification required under section 205(a)(1)(A) of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5725(a)(1)(A) (d) Revocation of extension and application of privileges, exemptions, and immunities The President may revoke the extension and application to the Hong Kong Economic and Trade Offices of the privileges, exceptions, and immunities specified in subsection (b). (e) Termination of certification requirement If the Hong Kong Economic and Trade Offices terminate operations in the United States, whether pursuant to subsection (c) or otherwise, the President shall not issue additional certifications under subsection (a)(1) after the date on which those operations terminated. (f) Congressional review (1) Disapproval resolution In this subsection, the term disapproval resolution (A) the title of which is the following: A joint resolution disapproving the certification by the President that the Hong Kong Economic and Trade Offices continue to merit extension and application of certain privileges, exemptions, and immunities. (B) the sole matter after the resolving clause of which is the following: Congress disapproves of the certification by the President under section 2(a)(1)(A) of the Hong Kong Economic and Trade Office (HKETO) Certification Act (2) Introduction A disapproval resolution may be introduced— (A) in the House of Representatives, by the majority leader or the minority leader; and (B) in the Senate, by the majority leader (or the majority leader’s designee) or the minority leader (or the minority leader’s designee). (3) Floor consideration in House of Representatives If a committee of the House of Representatives to which a disapproval resolution has been referred has not reported the resolution within 10 legislative days after the date of referral, that committee shall be discharged from further consideration of the resolution. (4) Consideration in Senate (A) Committee referral A disapproval resolution introduced in the Senate shall be referred to the Committee on Foreign Relations. (B) Reporting and discharge If the Committee on Foreign Relations of the Senate has not reported the resolution within 10 legislative days after the date of referral of the resolution, that committee shall be discharged from further consideration of the resolution and the resolution shall be placed on the appropriate calendar. (C) Proceeding to consideration Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Foreign Relations reports a disapproval resolution to the Senate or has been discharged from consideration of such a resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (D) Rulings of the Chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a disapproval resolution shall be decided without debate. (E) Consideration of veto messages Debate in the Senate of any veto message with respect to a disapproval resolution, including all debatable motions and appeals in connection with the resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (5) Rules relating to Senate and House of Representatives (A) Treatment of Senate resolution in House In the House of Representatives, the following procedures shall apply to a disapproval resolution received from the Senate (unless the House has already passed a resolution relating to the same proposed action): (i) The resolution shall be referred to the appropriate committees. (ii) If a committee to which a resolution has been referred has not reported the resolution within 10 legislative days after the date of referral, that committee shall be discharged from further consideration of the resolution. (iii) Beginning on the third legislative day after each committee to which a resolution has been referred reports the resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iv) The resolution shall be considered as read. All points of order against the resolution and against its consideration are waived. The previous question shall be considered as ordered on the resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the offeror of the motion to proceed (or a designee) and an opponent. A motion to reconsider the vote on passage of the resolution shall not be in order. (B) Treatment of House resolution in Senate (i) Received before passage of Senate resolution If, before the passage by the Senate of a disapproval resolution, the Senate receives an identical resolution from the House of Representatives, the following procedures shall apply: (I) That resolution shall not be referred to a committee. (II) With respect to that resolution— (aa) the procedure in the Senate shall be the same as if no resolution had been received from the House of Representatives; but (bb) the vote on passage shall be on the resolution from the House of Representatives. (ii) Received after passage of Senate resolution If, following passage of a disapproval resolution in the Senate, the Senate receives an identical resolution from the House of Representatives, that resolution shall be placed on the appropriate Senate calendar. (iii) No Senate companion If a disapproval resolution is received from the House of Representatives, and no companion resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the resolution from the House of Representatives. (C) Application to revenue measures The provisions of this subparagraph shall not apply in the House of Representatives to a disapproval resolution that is a revenue measure. (6) Rules of House of Representatives and Senate This paragraph is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (g) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (2) Hong Kong Economic and Trade Offices The term Hong Kong Economic and Trade Offices An Act to extend certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices 22 U.S.C. 288k 3. Limitation on contracting relating to Hong Kong Economic and Trade Offices (a) In general On and after the date of the enactment of this Act, an entity of the United States Government may enter into an agreement or partnership with the Hong Kong Economic and Trade Offices to promote tourism, culture, business, or other matters relating to Hong Kong only if— (1) the President has submitted to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a certification under section 2(a)(1)(A) that the Hong Kong Economic and Trade Offices merit extension and application of certain privileges, exemptions, and immunities; and (2) a disapproval resolution under section 2(f) is not enacted during the 90-day period following the submission of that certification. (b) Certification (1) Existing agreements and partnerships Not later than 100 days after the date of the enactment of this Act, any entity of the United States Government or any entity that holds a current Federal contract with the United States Government that has in effect an agreement or partnership with the Hong Kong Economic and Trade Offices, shall submit to the Secretary of State and the Administrator of the General Services Administration a certification described in paragraph (3) with respect to each such agreement or partnership. (2) New agreements and partnerships Not later than 15 days after entering into an agreement or partnership with the Hong Kong Economic and Trade Offices, an entity of the United States Government or an entity that holds a current Federal contract with the United States Government shall submit to the Secretary of State and the Administrator of the General Services Administration a certification described in paragraph (3) with respect to that agreement or partnership. (3) Certification described With respect to an agreement or partnership with the Hong Kong Economic and Trade Offices, a certification described in this paragraph is a certification that the agreement or partnership does not promote efforts by the Government of the Hong Kong Special Administrative Region and the Government of the People’s Republic of China— (A) to justify the dismantling of the autonomy of Hong Kong and the freedoms and rule of law guaranteed by the Sino-British Joint Declaration of 1984; or (B) to portray within the United States the Government of the Hong Kong Special Administrative Region or the Government of the People’s Republic of China as protecting the rule of law or the human rights and civil liberties of the people of Hong Kong. (c) Hong Kong Economic and Trade Offices defined In this section, the term Hong Kong Economic and Trade Offices An Act to extend certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices 22 U.S.C. 288k 4. Policy of United States on promotion of autonomy of Government of the Hong Kong Special Administrative Region It is the policy of the United States— (1) to ensure that entities of the United States Government do not knowingly assist in the promotion of Hong Kong as a free and autonomous city or the Government of the Hong Kong Special Administrative Region as committed to protecting the human rights of the people of Hong Kong or fully maintaining the rule of law required for human rights and economic prosperity as long as the Secretary of State continues to certify under section 205(a)(1) of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5725(a)(1) (2) to recognize that promotion of Hong Kong as described in paragraph (1) should be considered propaganda for the efforts of the People’s Republic of China to dismantle rights and freedom guaranteed to the residents of Hong Kong by the International Covenant on Civil and Political Rights and the Sino-British Joint Declaration of 1984; (3) to ensure that entities of the United States Government do not engage in or assist with propaganda of the People’s Republic of China regarding Hong Kong; and (4) to engage with the Government of the Hong Kong Special Administrative Region, through all relevant entities of the United States Government, seeking the release of political prisoners, the end of arbitrary detentions, the resumption of a free press and fair and free elections open to all candidates, and the restoration of an independent judiciary. | Hong Kong Economic and Trade Office (HKETO) Certification Act |
Streamline Pentagon Budgeting Act of 2022 This bill repeals reporting requirements related to the unfunded priorities of the (1) armed force or forces or combatant command, and (2) the Missile Defense Agency. | 117 S5255 IS: Streamline Pentagon Budgeting Act of 2022 U.S. Senate 2022-12-14 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. 5255 IN THE SENATE OF THE UNITED STATES December 14, 2022 Ms. Warren Mr. Braun Mr. Lee Mr. King Committee on Armed Services A BILL To streamline the budget process at the Department of Defense. 1. Short title This Act may be cited as the Streamline Pentagon Budgeting Act of 2022 2. Repeal of reporting requirements related to unfunded priorities Chapter 9 (1) by repealing section 222a; (2) by repealing section 222b; and (3) in the table of sections at the beginning of the chapter, by striking the items relating to sections 222a and 222b. | Streamline Pentagon Budgeting Act of 2022 |
Simplifying Access to Student Loan Information Act of 2022 This bill expands the National Student Loan Data System (NSLDS) to include information about private education loans. Specifically, the bill requires private educational lenders to submit to the NSLDS information regarding private education loans made to borrowers, including the outstanding balances and interest rates of such loans. Currently, only federal student loan information is available in the NSLDS. The bill requires the Department of Education to ensure that a cosigner of a private education loan for which information is included in the NSLDS has access only to that information in a separate account, ensure that a private educational lender has access to the NSLDS only to submit information regarding the lender's loans, and establish a functionality within the NSLDS that enables a student borrower of federal student loans to input the information necessary to compare repayment plans. | 117 S5256 IS: Simplifying Access to Student Loan Information Act of 2022 U.S. Senate 2022-12-14 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. 5256 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mrs. Shaheen Committee on Health, Education, Labor, and Pensions A BILL To increase students' and borrowers' access to student loan information within the National Student Loan Data System. 1. Short title This Act may be cited as the Simplifying Access to Student Loan Information Act of 2022 2. Amendment to the Truth in Lending Act (a) In general Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) (12) National student loan data system (A) In general Each private educational lender shall— (i) submit to the Secretary of Education for inclusion in the National Student Loan Data System established under section 485B of the Higher Education Act of 1965 ( 20 U.S.C. 1092b (ii) in carrying out clause (i), ensure the privacy of private education loan borrowers. (B) Information to be submitted The information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System shall include the following if determined appropriate by the Secretary of Education: (i) The total amount and type of each such loan made, including outstanding interest and outstanding principal on such loan. (ii) The interest rate of each such loan made. (iii) Information regarding the borrower that the Secretary of Education determines is necessary to ensure the electronic exchange of data between borrowers of private education loans and the System. (iv) Information, including contact information, regarding the lender that owns the loan. (v) Information, including contact information, regarding the servicer that is handling the loan. (vi) Information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan. (vii) Information regarding any deferment or forbearance granted on the loan. (viii) The date of the completion of repayment by the borrower of the loan. (ix) Any other information determined by the Secretary of Education to be necessary for the operation of the National Student Loan Data System. (C) Update Each private educational lender shall update the information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System on the same schedule as information is updated under the System under section 485B of the Higher Education Act of 1965 ( 20 U.S.C. 1092b . (b) Effective date The amendment made by subsection (a) shall apply to private education loans that are made for the 2023–2024 academic year or later. 3. Amendment to the Higher Education Act of 1965 Section 485B of the Higher Education Act of 1965 ( 20 U.S.C. 1092b (j) Private education loans (1) In general Not later than 1 year after the date of enactment of the Simplifying Access to Student Loan Information Act of 2022 15 U.S.C. 1638(e)(12) (2) Cosigner Notwithstanding any other provision of law, the Secretary shall ensure that any cosigner of a private education loan for which information is included in the National Student Loan Data System— (A) is able to access the information in such System with respect to such private education loan in a separate account for such cosigner; and (B) does not have access to any information in such System with respect to any loan for which the cosigner has not cosigned. (3) Privacy The Secretary shall ensure that a private educational lender— (A) has access to the National Student Loan Data System only to submit information for such System regarding the private education loans of such lender; and (B) may not see information in the System regarding the loans of any other lender. (k) Repayment options Not later than 1 year after the date of enactment of the Simplifying Access to Student Loan Information Act of 2022 . | Simplifying Access to Student Loan Information Act of 2022 |
Interstate Obscenity Definition Act This bill expands the prohibition on transmitting obscene content via interstate or foreign communications by providing for a broader definition of obscenity in statute and eliminating a requirement that obscene content be transmitted with the intent to abuse, threaten, or harass a person. | 117 S5260 IS: Interstate Obscenity Definition Act U.S. Senate 2022-12-14 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. 5260 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Lee Committee on Commerce, Science, and Transportation A BILL To define obscenity 1. Short title This Act may be cited as the Interstate Obscenity Definition Act 2. Defining obscenity (a) Definition (1) In general Section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 (A) by redesignating paragraphs (38) through (59) as paragraphs (39) through (60), respectively; and (B) by inserting after paragraph (37) the following: (38) Obscene; obscenity (A) In general The term obscene obscenity (i) taken as a whole, appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals, with the objective intent to arouse, titillate, or gratify the sexual desires of a person; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value. (B) Sexual act; sexual contact For purposes of subparagraph (A), the terms sexual act sexual contact . (2) Technical and conforming amendment Section 271(c)(1)(A) of the Communications Act of 1934 ( 47 U.S.C. 271(c)(1)(A) section 3(47)(A) section 3(55)(A) (b) Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications Section 223(a)(1)(A) of the Communications Act of 1934 ( 47 U.S.C. 223(a)(1)(A) , with intent to abuse, threaten, or harass another person | Interstate Obscenity Definition Act |
Continued Presence Improvement Act This bill expands immigration-related protections for non-U.S. nationals (aliens under federal law) who are victims of human trafficking. Currently, the Department of Homeland Security (DHS) may permit such an individual to remain in the United States for a certain period of time if (1) the individual may be a potential witness to the trafficking, and (2) a federal law enforcement agency has applied to DHS for such permission on the individual's behalf. Under this bill, DHS may grant such relief even if the individual is not a potential witness. Furthermore, the bill expands the types of agencies that may apply for permission on the individual's behalf to include agencies such as local law enforcement and other authorities that have responsibility for investigating or prosecuting human trafficking. The bill also limits the enforcement of immigration laws against an individual who has received permission from DHS to remain in the United States. | 117 S5261 IS: Continued Presence Improvement Act U.S. Senate 2022-12-14 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. 5261 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Cardin Committee on the Judiciary A BILL To protect certain victims of human trafficking by expanding the authority of the Secretary of Homeland Security to grant such aliens continued presence in the United States. 1. Short title This Act may be cited as the Continued Presence Improvement Act 2. Trafficking victims Section 107(c)(3) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(c)(3) (1) in subparagraph (A)— (A) in clause (i)— (i) by striking Federal (ii) by striking is may be (iii) by striking and may be a potential witness to such trafficking (iv) by striking may permit the alien to remain in the United States to facilitate the investigation and may permit the continued presence of the alien in the United States for the duration of an investigation or (B) in clause (ii), by striking Federal law enforcement officials described in clause (i) law enforcement officials (C) in clause (iii)— (i) in the clause header, by striking Continuation of presence Civil action (ii) by striking shall may (iii) by striking described in clause (i) who who is a victim of a severe form of trafficking and (iv) by adding at the end the following: Continued presence shall be extended beyond an investigation or prosecution described in clause (i) if the alien has a pending immigration benefit application until such application is approved, withdrawn, or denied, unless the Secretary determines that continued presence is no longer warranted. (D) by adding at the end the following: (v) Employment authorization During the period the alien is authorized to remain in the United States under this paragraph, the Secretary of Homeland Security shall— (I) authorize the alien to engage in employment in the United States; and (II) provide the alien with an employment authorized (vi) Law enforcement official In this paragraph, the term law enforcement official (vii) Protection from immigration enforcement While a grant of continued presence is in effect under this paragraph, Federal law enforcement officials may only take civil immigration enforcement actions against an alien described in clause (i) or (iii)— (I) based on conduct committed after continued presence is authorized; or (II) following consultation with the law enforcement official who filed the application for continued presence. ; (2) in subparagraph (B)— (A) by striking Law enforcement (i) Outside the united states Law enforcement ; (B) in clause (i), as redesignated, by striking subparagraph (A)(i) clause (i) or (iii) of subparagraph (A) (C) by adding at the end the following: (ii) Inside the united states Law enforcement officials may submit written requests to the Secretary of Homeland Security for deferred action and employment authorization for certain relatives of any alien whose continued presence is permitted under clause (i) or (iii) of subparagraph (A). ; and (3) by amending subparagraph (C) to read as follows: (C) Law enforcement office policies, training, and material The Secretary of Homeland Security, the Secretary of State, the Secretary of Labor, the Secretary of Health and Human Services, the Attorney General, and the Commissioner of the Equal Employment Opportunity Commission shall— (i) develop policies and procedures for their respective agencies that encourage the use of and immediate application for continued presence by the respective agency upon identification of a victim of a severe form of trafficking in persons under subparagraph (A)(i) in appropriate cases; (ii) develop materials, in consultation with the Secretary of Homeland Security, to encourage and assist their respective Federal agency personnel and other law enforcement officials to request continued presence in appropriate cases; and (iii) distribute the materials developed pursuant to clause (ii) and provide training on such materials to their respective Federal agency personnel and other law enforcement officials. . | Continued Presence Improvement Act |
Zero-Emission Vehicles Act of 2022 or the ZEVs Act of 2022 This bill requires the Environmental Protection Agency (EPA) to establish a zero-emission passenger vehicle standard. Specifically, the bill sets a schedule for increasing the percentage of zero-emission vehicles a vehicle manufacturer delivers for sale, culminating in a requirement to sell only zero-emission vehicles from 2035 on. The bill also requires the EPA to establish a zero-emission vehicle credit program that approves one zero-emission vehicle credit for each zero-emission vehicle delivered for sale in the United States and partial credits for qualified electric vehicles based on the estimated proportion of the mileage driven on the battery. Manufacturers that fail to meet the minimum required percentage of zero-emission vehicle sales must submit to the EPA a quantity of zero-emission vehicle credits sufficient to offset the excess. Credits may also be sold, transferred, exchanged, or retired in certain circumstances. The bill imposes civil penalties for the failure to comply with zero-emission vehicle credit standards, with collected penalties being deposited into the Highway Trust Fund. After 2035, the EPA must issue injunctions on the manufacture of passenger vehicles other than zero-emission vehicles. | 117 S5263 IS: Zero-Emission Vehicles Act of 2022 U.S. Senate 2022-12-14 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. 5263 IN THE SENATE OF THE UNITED STATES December 14, 2022 Mr. Merkley Mr. Whitehouse Committee on Environment and Public Works A BILL To amend the Clean Air Act to create a national zero-emission vehicle standard, and for other purposes. 1. Short title This Act may be cited as the Zero-Emission Vehicles Act of 2022 ZEVs Act of 2022 2. National zero-emission vehicle standard Part A of title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. 220. National zero-emission vehicle standard (a) Definitions In this section: (1) Base quantity of new passenger vehicles The term base quantity of new passenger vehicles (2) Passenger vehicle The term passenger vehicle passenger motor vehicle (3) Qualified electric vehicle The term qualified electric vehicle (A) a new clean vehicle (as defined in section 30D(d) (B) a new qualified fuel cell motor vehicle (as defined in section 30B(b)(3) (4) Retire The term retire (5) Vehicle manufacturer (A) In general The term vehicle manufacturer (i) engaged in the manufacturing of new passenger vehicles; and (ii) sold not fewer than 100 new passenger vehicles to ultimate purchasers in the United States within the current or previous calendar year, either directly or through an affiliate, such as a dealer. (B) Exclusions The term vehicle manufacturer (i) a motor vehicle parts supplier; or (ii) a dealer. (6) Zero-emission vehicle The term zero-emission vehicle (b) Compliance For model year 2026 and each model year thereafter, each vehicle manufacturer shall meet the requirements of subsections (c) and (d) by submitting to the Administrator, not later than April 1 of the following calendar year, as applicable— (1) for a vehicle manufacturer that fails to meet the minimum required percentage of zero-emission vehicle sales for the applicable model year, as determined under subsection (c), a quantity of zero-emission vehicle credits sufficient to offset that excess, as determined by the Administrator; or (2) for a vehicle manufacturer that meets or exceeds the minimum required percentage of zero-emission vehicle sales for the applicable model year, as determined under subsection (c), a certification of that compliance, as the Administrator determines to be appropriate. (c) Minimum required annual percentage of zero-Emission vehicle credits For model years 2026 through 2035, in annual increments, the minimum annual percentage of the base quantity of new passenger vehicles of a vehicle manufacturer delivered for sale that are equivalent to zero-emission vehicles, based on the issuance of zero-emission vehicle credits, shall be the applicable percentage specified in the following table: Minimum Required Annual Percentage of Zero-Emission Vehicle Credits Model Year Percentage 2026 35.0 2027 43.0 2028 51.0 2029 59.0 2030 68.0 2031 76.0 2032 82.0 2033 88.0 2034 94.0 2035 100.0. (d) Requirement for 2035 and thereafter For model year 2035 and each model year thereafter, a vehicle manufacturer shall sell only zero-emission vehicles. (e) Zero-Emission vehicle credits (1) In general A vehicle manufacturer may satisfy the requirements of subsection (b) through the submission of zero-emission vehicle credits— (A) issued to the vehicle manufacturer under subsection (f); or (B) obtained by purchase, transfer, or exchange under subsection (g). (2) Limitation A zero-emission vehicle credit may be counted toward compliance with subsection (b) only once. (f) Issuance of zero-Emission vehicle credits (1) In general Not later than 2 years after the date of enactment of this section, the Administrator shall establish by rule a program— (A) to verify and issue zero-emission vehicle credits to vehicle manufacturers; (B) to track the sale, transfer, exchange, carry over, and retirement of zero-emission vehicle credits; and (C) to enforce the requirements of this section. (2) Application (A) In general A vehicle manufacturer that delivered for sale, either directly or through an affiliate, such as a dealer, a new zero-emission vehicle or a qualified electric vehicle in the United States may apply to the Administrator for the issuance of a zero-emission vehicle credit. (B) Eligibility To be eligible for the issuance of a zero-emission vehicle credit, a vehicle manufacturer shall demonstrate to the Administrator that the vehicle manufacturer delivered for sale 1 or more zero-emission vehicles or qualified electric vehicles in the previous model year. (C) Contents The application shall indicate— (i) the type of zero-emission vehicle or qualified electric vehicle that was delivered for sale; (ii) the State in which the zero-emission vehicle or qualified electric vehicle was delivered for sale; and (iii) any other information determined to be appropriate by the Administrator. (D) Aggregation An application for a zero-emission vehicle credit under subparagraph (A) may aggregate information on all zero-emission vehicles and qualified electric vehicles delivered for sale by the vehicle manufacturer in the applicable model year. (3) Quantity of zero-emission vehicle credits (A) Zero-emission vehicles The Administrator shall issue to a vehicle manufacturer the application under paragraph (2) of which is approved 1 zero-emission vehicle credit for each zero-emission vehicle delivered for sale in the United States. (B) Qualified electric vehicles For a qualified electric vehicle delivered for sale by a vehicle manufacturer the application under paragraph (2) of which is approved, the Administrator shall issue a partial zero-emission vehicle credit based on the estimated proportion of the mileage driven— (i) with respect to a qualified electric vehicle described in subsection (a)(3)(A), on the battery of the qualified electric vehicle, as determined by the Administrator; and (ii) with respect to a qualified electric vehicle described in subsection (a)(3)(B), on hydrogen that is produced through a process that results in a lifecycle greenhouse gas emissions (as defined in section 45V(c) (C) Credit banking A zero-emission vehicle credit issued for any model year that is not submitted to comply with the minimum annual percentage of zero-emission vehicles under subsection (c) during that model year may be carried forward for use pursuant to subsection (b)(1) within the next 5 years, but not later than model year 2035. (g) Zero-Emission vehicle credit trading (1) In general A zero-emission vehicle credit for any model year before 2035 that is not submitted to the Administrator to comply with the minimum annual percentage of zero-emission vehicles under subsection (c) for that model year may be sold, transferred, or exchanged by the vehicle manufacturer to which the credit is issued or by any other entity that acquires the zero-emission vehicle credit. (2) Delegation (A) In general The Administrator may delegate to an appropriate market-making entity the administration of a national tradeable zero-emission vehicle credit market for purposes of creating a transparent national market for the sale or trade of zero-emission vehicle credits. (B) Public report If the Administrator makes a delegation under subparagraph (A), the entity to which the Administrator made the delegation shall annually submit to Congress and make available to the public a report describing the status of the zero-emission vehicle credit market. (h) Zero-Emission vehicle credit retirement (1) In general Any entity that obtains legal rights to a zero-emission vehicle credit may retire the zero-emission vehicle credit in any model year. (2) Use of retired zero-emission vehicle credit A zero-emission vehicle credit retired under paragraph (1) may not be used for compliance with subsection (b) in— (A) the model year in which the zero-emission vehicle credit is retired; or (B) any subsequent model year. (i) Information collection The Administrator may collect the information necessary to verify and audit— (1) the model year sales of passenger vehicles of any vehicle manufacturer; (2) a zero-emission vehicle credit submitted by a vehicle manufacturer pursuant to subsection (b)(1); (3) the validity of a zero-emission vehicle credit submitted for compliance by a vehicle manufacturer to the Administrator; and (4) the quantity of passenger vehicles delivered for sale in the United States of all vehicle manufacturers. (j) State programs (1) In general Nothing in this section shall preempt the authority of a State or political subdivision of a State to adopt or enforce any law (including regulations) relating to motor vehicles, including the authority to set standards for motor vehicle emissions and zero-emission vehicle requirements under section 177 and section 209. (2) Compliance with section No law or regulation of a State or political subdivision of a State shall relieve any vehicle manufacturer from compliance with any requirement otherwise applicable under this section. (k) Sense of Congress It is the sense of Congress that vehicle manufacturers should diversify vehicle technologies and models to ensure consumer choice and access. (l) Regulations Not later than 540 days after the date of enactment of this section, the Administrator shall promulgate regulations to implement this section. (m) Enforcement (1) Civil penalty (A) In general A vehicle manufacturer that fails to comply with subsection (b) shall be liable for a civil penalty, assessed by the Administrator, in an amount that is equal to twice the average value of the aggregate quantity of zero-emission vehicle credits that the vehicle manufacturer failed to submit in violation of that subsection, as determined by the Administrator. (B) Enforcement The Administrator shall assess any civil penalty under subparagraph (A). (C) Deposit With respect to any civil penalty paid to the Administrator pursuant to subparagraph (A), the Administrator shall deposit the amount into the Highway Trust Fund established by section 9503(a) (2) Injunction After model year 2035, the Administrator shall issue an injunction on the manufacture of any passenger vehicles other than zero-emission vehicles by a vehicle manufacturer. . | Zero-Emission Vehicles Act of 2022 |
Protecting America's Economy from the Carbon Bubble Act of 2022 This bill prohibits certain financial companies (including bank holding companies, savings and loan holding companies, and insured depository institutions) from involvement in fossil fuel production. Prohibited activities include providing loans to and making investments in fossil fuel companies or projects, facilitating transactions that fund new fossil fuel production, securitizing assets that provide funds for new fossil fuel production, and entering into certain derivatives transactions related to new fossil fuel production. Violators are subject to criminal and civil penalties. | 117 S5264 IS: Protecting America's Economy from the Carbon Bubble Act of 2022 U.S. Senate 2022-12-15 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. 5264 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Merkley Committee on Banking, Housing, and Urban Affairs A BILL To amend the Bank Holding Company Act of 1956 to prohibit bank holding companies from facilitating fossil fuel production from new sources, or from facilitating transactions that would provide funds for the construction of new or expanded fossil infrastructure that would drive such production, and for other purposes. 1. Short title This Act may be cited as the Protecting America's Economy from the Carbon Bubble Act of 2022 2. Prohibition on facilitating fossil fuel production from new sources The Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. 15. Prohibition on facilitating fossil fuel production from new sources (a) Definitions In this section— (1) the terms exchange issuer security 15 U.S.C. 78c(a) (2) the term financial company (A) a bank holding company, savings and loan holding company, or similar institution; (B) a foreign banking organization or company that is treated as a bank holding company under this Act; (C) an insured depository institution, a thrift institution, a savings association, an industrial loan company, or similar institution; or (D) any subsidiary, agency, or affiliate of an entity described in subparagraph (A), (B), or (C); (3) the term fossil fuel (4) the term fossil infrastructure (5) the term national securities exchange 15 U.S.C. 78f (6) the term new sources (A) any production in excess of proven developed producing reserves of fossil fuels, as of the date of enactment of this section; or (B) new or expanded fossil infrastructure that would facilitate the production described in subparagraph (A); (7) the term production (8) the term publicly traded entity (b) Prohibition No financial company may facilitate production, including by— (1) making loans to, making investments in, or otherwise engaging in any activity that is financial in nature, or incidental to such financial activity, with a fossil fuel company; (2) making loans to, making investments in, or otherwise engaging in any activity that is financial in nature, or incidental to such financial activity, for a fossil fuel project; (3) taking compensation to arrange, or facilitate a transaction that provides funds for, production with respect to new sources; (4) securitizing assets that provide funds for production with respect to new sources; (5) entering into a derivatives transaction designed to provide funding for, facilitate, or hedge risks from production with respect to new sources; (6) engaging in any activity that is complementary to a financial activity involving production with respect to new sources, including financing the international trade of production with respect to new sources; or (7) engaging in any other form of activity defined by regulators or supervisors of the financial company. (c) Compliance program (1) In general Each financial company shall maintain policies and procedures reasonably designed to ensure that relationships with customers or counterparties do not facilitate production with respect to new sources. (2) Attestation The chief executive officer of each financial company shall comply with an attestation for compliance with this section, subject to such rules as the Board may prescribe that shall be no less strict than those set forth under section 351.20(c) of title 12, Code of Federal Regulations, or any successor regulation. (3) Supervision The appropriate Federal banking agency shall supervise the policies and procedures described in this subsection and the implementation of those policies and procedures. (d) Penalties (1) Criminal penalty (A) In general Whoever knowingly violates any provision of this section or, being a company, violates any regulation or order issued by the Board under this section, shall be imprisoned not more than 1 year, fined not more than $1,000,000 per day for each day during which the violation continues, or both. (B) Intent to deceive, defraud, or profit Whoever, with the intent to deceive, defraud, or profit significantly, knowingly violates any provision of this section shall be imprisoned not more than 5 years, fined not more than $5,000,000 per day for each day during which the violation continues, or both. (2) Prohibition on employment Any individual who knowingly violates any provision of this section shall be banned from future employment with any bank holding company or issuer or publicly traded entity. (3) Civil monetary penalty Any financial company that violates, and any individual who participates in a violation of, any provision of this section, or any regulation or order issued under this section, shall forfeit all revenues associated with such a violation and pay an additional civil penalty of not more than $25,000 for each day during which the violation continues. . | Protecting America's Economy from the Carbon Bubble Act of 2022 |
Taiwan Protection and National Resilience Act of 2022 This bill requires the Department of Defense to submit a report identifying goods and services from the United States that China relies upon and U.S. military procurement practices that are reliant on trade with China. The bill also requires the Department of the Treasury to submit a sanctions strategy that could, in response to a Chinese invasion of Taiwan (1) limit China's ability to acquire petroleum and military materiel, (2) diminish the ability of the Chinese industrial base to replenish defense articles, and (3) inhibit China's ability to evade sanctions. | 117 S5265 IS: Taiwan Protection and National Resilience Act of 2022 U.S. Senate 2022-12-15 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. 5265 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Rubio Committee on Foreign Relations A BILL To require a strategy for countering the People's Republic of China. 1. Short title This Act may be cited as the Taiwan Protection and National Resilience Act of 2022 2. Strategy for countering the People's Republic of China (a) Identification of vulnerabilities and leverage Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report that identifies— (1) goods and services from the United States that are relied on by the People’s Republic of China such that that reliance presents a strategic opportunity and source of leverage against the People’s Republic of China; and (2) procurement practices of the United States Armed Forces and other Federal agencies that are reliant on trade with the People’s Republic of China and other inputs from the People’s Republic of China, such that that reliance presents a strategic vulnerability and source of leverage that the Chinese Communist Party could exploit. (b) Strategy Not later than 180 days after the submission of the report required by subsection (a)— (1) the Secretary of the Treasury, in consultation with the Secretary of the Defense, the Secretary of Commerce, the Secretary of State, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report, utilizing the findings of the report required by subsection (a), that describes a comprehensive sanctions strategy to advise policymakers on policies the United States and allies and partners of the United States could adopt with respect to the People’s Republic of China in response to an invasion of Taiwan by the People’s Republic of China that— (A) starves the People’s Liberation Army of oil, natural gas, munitions, and other supplies needed to conduct military operations against Taiwan, United States facilities in the Pacific and Indian Oceans, and allies and partners of the United States in the region; (B) diminishes the capacity of the industrial base of the People’s Republic of China to manufacture and deliver defense articles to replace those lost in operations of the People’s Liberation Army against Taiwan, the United States, and allies and partners of the United States; and (C) inhibits the ability of the People’s Republic of China to evade United States and multilateral sanctions through third parties, including through secondary sanctions; and (2) the Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the United States Trade Representative, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report that— (A) identifies critical sectors within the United States economy that rely on trade with the People’s Republic of China and other inputs from the People’s Republic of China (including active pharmaceutical ingredients, rare earth minerals, and metallurgical inputs), such that those sectors present a strategic vulnerability and source of leverage that the Chinese Communist Party could exploit; and (B) makes recommendations to Congress on steps that can be taken to reduce the sources of leverage described in subparagraph (A) and subsection (a)(1), including through— (i) provision of economic incentives and making other trade and contracting reforms to support United States industry and job growth in critical sectors and to indigenize production of critical resources; and (ii) policies to facilitate near- or friend-shoring (c) Form The reports required by subsections (a) and (b) shall be submitted in unclassified form but may include a classified annex. (d) Appropriate committees of congress defined In this section, the term appropriate committees of Congress (1) the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives. | Taiwan Protection and National Resilience Act of 2022 |
Investing in Infant and Early Childhood Mental Health Act This bill reauthorizes through FY2027 activities that support infant and early childhood mental health promotion, intervention, and treatment programs. It also authorizes the Department of Health and Human Services to provide, directly or through grants or contacts with nonprofits, training and technical assistance related to such programs. | 117 S5266 IS: Investing in Infant and Early Childhood Mental Health Act U.S. Senate 2022-12-15 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. 5266 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Kaine Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the program for infant and early childhood mental health promotion, intervention, and treatment. 1. Short title This Act may be cited as the Investing in Infant and Early Childhood Mental Health Act 2. Infant and early childhood mental health promotion, intervention, and treatment Section 399Z–2 of the Public Health Service Act ( 42 U.S.C. 280h–6 (1) by redesignating subsection (f) as subsection (g); (2) by inserting after subsection (e) the following: (f) Technical assistance The Secretary may, directly or by awarding grants or contracts to public and private nonprofit entities, provide training and technical assistance to eligible entities described in (d). ; and (3) in subsection (g), as so redesignated, by striking $20,000,000 for the period of fiscal years 2018 through 2022 $50,000,000 for the period of fiscal years 2023 through 2027 | Investing in Infant and Early Childhood Mental Health Act |
Digital Asset Anti-Money Laundering Act of 2022 This bill directs specified federal financial agencies to establish rules regarding digital assets. The Financial Crimes Enforcement Network (FinCEN) must establish a rule classifying digital asset wallet providers, cryptocurrency miners, validators, and others as money service businesses. In addition, FinCEN must require U.S. persons to report cryptocurrency transactions through foreign accounts of over $10,000. FinCEN must also require digital asset kiosk owners and administrators to submit and update every three months the physical addresses of the kiosks. The Department of the Treasury must prohibit financial institutions from handling, using, or transacting business with (1) digital asset mixers, privacy coins, and other anonymity-enhancing technologies; and (2) digital assets that have been anonymized by these technologies. Treasury, the Securities and Exchange Commission, and the Commodity Futures Trading Commission must establish risk examination and review processes for anti-money laundering requirements for their respective regulated entities. | 117 S5267 IS: Digital Asset Anti-Money Laundering Act of 2022 U.S. Senate 2022-12-15 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. 5267 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Warren Mr. Marshall Committee on Banking, Housing, and Urban Affairs A BILL To require the Financial Crimes Enforcement Network to issue guidance on digital assets, and for other purposes. 1. Short title This Act may be cited as the Digital Asset Anti-Money Laundering Act of 2022 2. Definitions (1) Digital assets The term digital asset (2) Digital asset kiosk The term digital asset kiosk (3) Digital asset mixer The term digital asset mixer (4) Financial institution The term financial institution (5) Privacy coin The term privacy coin (A) prevent tracing through distributed ledgers; or (B) conceal or obfuscate the origin, destination, and counterparties of digital asset transactions. 3. Digital asset rulemakings (a) Money service business designation The Financial Crimes Enforcement Network shall promulgate a rule classifying custodial and unhosted wallet providers, cryptocurrency miners, validators, or other nodes who may act to validate or secure third-party transactions, independent network participants, including MEV searchers, and other validators with control over network protocols as money service businesses. (b) Implementation of proposed rule Not later than 120 days after the date of enactment of this Act, the Financial Crimes Enforcement Network shall finalize the proposed virtual currency rule (85 Fed. Reg. 83840; relating to requirements for certain transactions involving convertible virtual currency or digital assets). (c) Reporting requirements Not later than 120 days after the date of enactment of this Act, the Financial Crimes Enforcement Network shall promulgate a rule that requires United States persons engaged in a transaction with a value greater than $10,000 in digital assets through 1 or more accounts outside of the United States to file a report described in section 1010.350 of title 31, Code of Federal Regulations, using the form described in that section, in accordance with section 5314 of title 31, United States Code. (d) Treasury regulations Not later than 120 days after the date of enactment of this Act, the Secretary of the Treasury shall promulgate a rule that prohibits financial institutions from— (1) handling, using, or transacting business with digital asset mixers, privacy coins, and other anonymity-enhancing technologies, as specified by the Secretary; and (2) handling, using, or transacting business with digital assets that have been anonymized by the technologies described in paragraph (1). 4. Examination and review process (a) Treasury Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Conference of State Bank Supervisors and Federal Financial Institutions Examination Council, shall establish a risk-focused examination and review process for money service businesses to assess— (1) the adequacy of antimoney laundering programs and reporting obligations under subsections (g) and (h) of section 5318 of title 31, United States Code; and (2) compliance with antimoney laundering and countering the financing of terrorism requirements under subchapter II of chapter 53 (b) SEC Not later than 2 years after the date of enactment of this Act, the Securities and Exchange Commission shall establish a dedicated risk-focused examination and review process for entities regulated by the Commission to assess— (1) the adequacy of antimoney laundering programs and reporting obligations under subsections (g) and (h) of section 5318 of title 31, United States Code; and (2) compliance with antimoney laundering and countering the financing of terrorism requirements under subchapter II of chapter 53 (c) CFTC Not later than 2 years after the date of enactment of this Act, the Commodity Futures Trading Commission shall establish a dedicated risk-focused examination and review process for entities regulated by the Commission to assess— (1) the adequacy of antimoney laundering programs and reporting obligations under subsections (g) and (h) of section 5318 of title 31, United States Code; and (2) compliance with antimoney laundering and countering the financing of terrorism requirements under subchapter II of chapter 53 5. Digital asset kiosks (a) In general Not later than 1 year after the date of enactment of this Act, the Financial Crimes Enforcement Network shall require digital asset kiosk owners and administrators to submit and update the physical addresses of the kiosks owned or operated by the owner or administrator every 3 months, as applicable. (b) Guidance Not later than 1 year after the date of enactment of this Act, the Financial Crimes Enforcement Network shall issue guidance requiring digital asset kiosk owners and administrators to— (1) verify the identity of each customer using a valid form of government-issued identification or other documentary method, as determined by the Secretary of the Treasury; and (2) collect the name, date of birth, physical address, and phone number of each counterparty to the transaction. (c) Reports (1) FinCEN Not later than 120 days after the date of enactment of this Act, the Financial Crimes Enforcement Network shall issue a report identifying unlicensed kiosk operators and administrators, including identification of known unlicensed operators and estimates of the number and locations of suspected unlicensed operators, as applicable. (2) DEA Not later than 1 year after the date of enactment of this Act, the Drug Enforcement Administration shall issue a report identifying recommendations to reduce drug trafficking with digital asset kiosks. 6. Authorization of appropriations There are authorized to be appropriated to the Secretary of the Treasury such sums as are necessary to carry out this Act. | Digital Asset Anti-Money Laundering Act of 2022 |
NIH Clinical Trial Diversity Act of 2022 This bill sets out requirements to increase the diversity of clinical trial participants. The bill also requires other activities to foster participation in clinical trials. As a condition of funding from the National Institutes of Health (NIH) for a clinical trial investigating a drug or device, a sponsor's application must include certain information related to diversity in its trial, such as goals for recruiting and retaining trial participants and plans for achieving the recruitment and retention goals and implementing less-burdensome clinical trial follow-up requirements. A sponsor must also annually share demographic data of clinical trial participants with the NIH. Further, the NIH and the Food and Drug Administration must carry out a national campaign to increase awareness about the need for diverse clinical trials. | 117 S5268 IS: NIH Clinical Trial Diversity Act of 2022 U.S. Senate 2022-12-15 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. 5268 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Menendez Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. 1. Short title This Act may be cited as the NIH Clinical Trial Diversity Act of 2022 2. Diversity goals for nih funded clinical trials (a) Applications Beginning on the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section referred to as the Secretary 21 U.S.C. 321 et seq. 42 U.S.C. 262(i) (1) clear and measurable goals for the recruitment and retention of participants that reflect— (A) the race, ethnicity, age, and sex of patients with the disease or condition being investigated; or (B) as scientifically or ethically justified and appropriate, the race, ethnicity, age, and sex of the general population of the United States if the prevalence of the disease or condition is not known; (2) a rationale for the goals specified under paragraph (1) that specifies— (A) how investigators will determine the number of participants for each population category that reflect the population groups specified in paragraph (1); or (B) strategies that will be used to enroll and retain participants across the different race, ethnicity, age, and sex categories; (3) a detailed plan for how the clinical trial will achieve the goals specified under paragraph (1) that specifies— (A) the requirements for researchers, in conducting the trial, to analyze the population groups specified in paragraph (1) separately; and (B) how the trial will recruit a study population that is— (i) scientifically and ethically appropriate in terms of the scientific objectives and proposed study design; and (ii) in sufficient numbers to obtain clinically and statistically meaningful determinations of the safety and effectiveness of the drug or device being studied in the respective race, ethnicity, age, and sex groups; and (4) the NIH-funded research organization or entity’s plan for implementing, or an explanation of why the NIH-funded research organization or entity cannot implement, alternative clinical trial follow-up requirements that are less burdensome for trial participants, such as— (A) requiring fewer follow-up visits; (B) allowing phone follow-up or home visits by appropriately qualified staff (in lieu of in-person visits by patients); (C) allowing for online follow-up options; (D) permitting the patient’s primary care provider to perform some of the follow-up visit requirements; (E) allowing for evening and weekend hours for required follow-up visits; (F) allowing virtual or telemedicine visits; (G) use of wearable technology to record key health parameters; and (H) use of alternate labs or imaging centers, which may be closer to the residence of the patients participating in the trial. (b) Terms (1) In general As a condition on the receipt of funding through the National Institutes of Health, as described in subsection (a), with respect to a clinical trial, the NIH-funded research organization or entity of the clinical trial shall agree to terms requiring that— (A) the aggregate demographic information of trial participants be shared on an annual basis with the Secretary while participant recruitment and data collection in such trial is ongoing, and that such information is provided with respect to— (i) underrepresented populations, including populations grouped by race, ethnicity, age, and sex; and (ii) such populations that reflect the prevalence of the disease or condition that is the subject of the clinical trial involved (as available and as appropriate to the scientific objective for the study, as determined by the Director of the National Institutes of Health); (B) the NIH-funded research organization or entity submits to the program officer and grants management specialist of the specific institute, center, or office of the National Institutes of Health, annually or as frequently as such officer or specialist determines necessary, the retention rate of participants in the clinical trial, disaggregated by race, ethnicity, age, and sex; (C) the clinical trial researchers complete education and training programs on diversity in clinical trials; and (D) at the conclusion of the trial, the sponsor submits to the Secretary the number of participants in the trial, disaggregated by race, ethnicity, age, and sex. (2) Privacy protections Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. (c) Exception In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. 3. Eliminating cost barriers Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall conduct and complete a study on— (1) the need for review of human subject regulations specified in part 46 of title 45, Code of Federal Regulations (or successor regulations), and related guidance; (2) the modernization of such regulations and guidance to establish updated guidelines for reimbursement of out-of-pocket expenses of human subjects, compensation of human subjects for time spent participating in the clinical trial, and incentives for recruitment of human subjects; and (3) the need for updated safe harbor rules under section 1001.952 of title 42, Code of Federal Regulations (or successor regulations), and section 1128B of the Social Security Act (commonly referred to as the Federal Anti-Kickback Statute 42 U.S.C. 1320a–7b 4. Public awareness and education campaign (a) National campaign The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Requirements The national campaign conducted under this section shall include— (1) (A) the development and distribution of written educational materials; (B) the development and placing of public service announcements that are intended to encourage individuals who are members of the demographic groups identified pursuant to section 2(b)(1)(A)(i) to seek to participate in clinical trials; and (C) the development of curricula for health care professionals on— (i) how to participate in clinical trials as an investigator; and (ii) how such professionals can enroll patients in trials; (2) such efforts as are reasonable and necessary to ensure meaningful access by consumers with limited English proficiency; and (3) the development and distribution of best practices and training for recruiting underrepresented study populations, including a method for sharing such best practices among clinical trial sponsors, providers, community-based organizations who assist with recruitment, and with the public. (c) Health disparities In developing the national campaign under subsection (a), the Secretary shall recognize and address— (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. (d) Grants The Secretary shall establish a program to award grants to nonprofit private entities (including community-based organizations and faith communities, institutions of higher education eligible to receive funds under section 371 of the Higher Education Act of 1965 ( 20 U.S.C. 1067q (1) to test alternative outreach and education strategies to increase the awareness and knowledge of individuals in the United States, with respect to the need for diverse clinical trials that reflect the race, ethnicity, age, and sex of patients with the disease or condition being investigated; and (2) to cover administrative costs of such entities in assisting in diversifying clinical trials subject to section 2. (e) Stakeholders specified The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. (2) Community-based resources and advocates. (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 2026. 5. Definition In this Act, the term clinical trial | NIH Clinical Trial Diversity Act of 2022 |
Focus on the Mission Act of 2022 This bill prohibits the Department of Defense from requiring the recipient of a federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions. | 117 S5269 IS: Focus on the Mission Act of 2022 U.S. Senate 2022-12-15 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. 5269 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Hoeven Mr. Cramer Ms. Ernst Mr. Marshall Mr. Inhofe Mrs. Hyde-Smith Mr. Moran Mr. Rubio Mrs. Blackburn Mrs. Fischer Mr. Barrasso Mr. Scott of Florida Mr. Risch Mr. Crapo Mr. Cruz Mr. Lankford Committee on Armed Services A BILL To prohibit the Department of Defense from requiring contractors to provide information relating to greenhouse gas emissions. 1. Short title This Act may be cited as the Focus on the Mission Act of 2022 2. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions (a) Definitions In this Act: (1) Greenhouse Gas The term greenhouse gas (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory The term greenhouse gas inventory (3) Scope 1 emissions The term Scope 1 emissions (4) Scope 2 emissions The term Scope 2 emissions (5) Scope 3 emissions The term Scope 3 emissions (b) Prohibition on disclosure requirements The Secretary of Defense may not require the recipient of a Federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions, including Scope 1 emissions, Scope 2 emissions, or Scope 3 emissions. | Focus on the Mission Act of 2022 |
Protecting Domestic Violence and Stalking Victims Act of 2021 This bill establishes new federal firearms restrictions for individuals who are convicted of misdemeanor stalking offenses. The bill expands the categories of persons who are prohibited from receiving, possessing, shipping, or transporting a firearm or ammunition. Specifically, it adds a new category of prohibited persons: persons convicted of a misdemeanor crime of stalking. The term misdemeanor crime of stalking means a misdemeanor stalking offense under federal, state, tribal, or municipal law and a course of harassment, intimidation, or surveillance of another person that (1) places such person in reasonable fear of harm to themselves, an immediate family member, a household member, or a spouse or intimate partner (including a current or former dating partner); or (2) causes emotional distress to such person. The bill also specifically prohibits dating partners who are convicted of a misdemeanor crime of domestic violence or who are subject to certain restraining orders from receiving, possessing, shipping, or transporting a firearm or ammunition. Currently, such restrictions generally only apply to spouses, co-parents, and cohabitants. | 117 S527 IS: Protecting Domestic Violence and Stalking Victims Act of 2021 U.S. Senate 2021-03-02 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 1st Session S. 527 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Ms. Klobuchar Mrs. Feinstein Ms. Hirono Mr. Durbin Mr. Leahy Mr. Whitehouse Mr. Coons Mr. Blumenthal Mr. Booker Mr. Padilla Ms. Baldwin Mr. Bennet Mr. Brown Mr. Cardin Mr. Carper Mr. Casey Ms. Duckworth Mrs. Gillibrand Ms. Hassan Mr. Heinrich Mr. Kaine Mr. King Mr. Markey Mr. Menendez Mr. Merkley Mr. Murphy Mr. Peters Mr. Reed Ms. Rosen Mr. Sanders Mrs. Shaheen Ms. Smith Ms. Stabenow Mr. Tester Mr. Van Hollen Mr. Warner Ms. Warren Mr. Wyden Committee on the Judiciary A BILL To protect victims of stalking from gun violence. 1. Short title This Act may be cited as the Protecting Domestic Violence and Stalking Victims Act of 2021 2. Addition of dating partners and individuals subject to restraining orders (a) Definition Section 921(a) of title 18, United States Code, is amended— (1) by striking paragraph (32) and inserting the following: (32) The term intimate partner (A) means with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person; and (B) includes— (i) a dating partner or former dating partner (as defined in section 2266); and (ii) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides. ; (2) in paragraph (33)(A)— (A) in clause (i), by inserting municipal, State, (B) in clause (ii), by inserting dating partner (as defined in section 2266), spouse, (3) by redesignating paragraphs (34) and (35) as paragraphs (35) and (36), respectively; and (4) by inserting after paragraph (33) the following: (34) (A) The term misdemeanor crime of stalking (i) a misdemeanor crime of stalking under Federal, State, municipal, or Tribal law; and (ii) a course of harassment, intimidation or surveillance of another person that— (I) places that person in reasonable fear of material harm to the health or safety of— (aa) that person; (bb) an immediate family member (as defined in section 115) of that person; (cc) a household member of that person; or (dd) a spouse or intimate partner of that person; or (II) causes, attempts to cause, or would reasonably be expected to cause emotional distress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I). (B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— (i) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (ii) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either (I) the case was tried by a jury, or (II) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (C) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. . 3. Prohibiting stalkers from possessing a firearm Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (8)(ii), by striking or (B) in paragraph (9), by striking the period at the end and inserting ; or (C) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking. ; and (2) in subsection (g)— (A) in paragraph (8)(C)(ii), by striking or (B) in paragraph (9), by striking the comma at the end and inserting ; or (C) by inserting after paragraph (9) the following: (10) who has been convicted in any court of a misdemeanor crime of stalking, . | Protecting Domestic Violence and Stalking Victims Act of 2021 |
Ensuring a Fair and Accurate Census Act This bill addresses the operations of the Bureau of the Census. Specifically, the bill (1) requires the Deputy Director of the bureau to appoint an employee responsible for optimizing racial and ethnic equity in the decennial census of population; and (2) provides statutory authority for specified advisory committees. The bureau may not include in the census any subject, type of information, or question that was not submitted to Congress. The bureau must submit to Congress a report biannually that (1) describes each component of the operational plan for the subsequent decennial census of population; and (2) includes a detailed statement on the status of all research, testing, and operations that are part of the bureau's comprehensive plan for the decennial census. The bureau must submit to Congress a certification stating that any question that has not appeared on the previous two decennial censuses has been researched, studied, and tested according to established statistical policies and procedures. The Government Accountability Office must review such certification and report to Congress on whether the questions to be included have been researched, studied, and tested according to such policies and procedures. The bureau, by January 1, 2026, and every 10 years thereafter, must transmit to Congress a lifecycle cost estimate for the decennial census of population first occurring after the date of transmittal. The bureau must submit to Congress a report on local-level data and local field operations. | 117 S5270 IS: Ensuring a Fair and Accurate Census Act U.S. Senate 2022-12-15 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. 5270 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Schatz Committee on Homeland Security and Governmental Affairs A BILL To amend title 13, United States Code, to improve the operations of the Bureau of the Census, and for other purposes. 1. Short title This Act may be cited as the Ensuring a Fair and Accurate Census Act 2. Modification of certain Bureau of the Census authorities (a) Budget requests (1) In general Subchapter I of chapter 1 section 13 14. Budget requests (a) With respect to the budget request of the Bureau for fiscal year 2027 and each fiscal year thereafter submitted to the President for inclusion in the annual budget submission under section 1105(a) of title 31, the Director shall include in such request to the Secretary the estimated costs of carrying out the duties of the Bureau during the five-year period beginning on the fiscal year covered by such request. (b) On the date that the estimate of costs is submitted to the Secretary under subsection (a), the Director shall submit such estimate to the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committees on the Budget of the House of Representatives and the Senate, and the Committees on Appropriations of the House of Representatives and the Senate. . (2) Clerical amendment The table of sections for such subchapter is amended by inserting after the item relating to section 13 the following new item: 14. Budget requests. . (b) Duties Section 21(c) of title 13, United States Code, is amended to read as follows: (c) Duties (1) In general The Director shall perform such duties as may be imposed upon the Director by law, regulations, or orders of the Secretary. The Director shall report directly to the Deputy Secretary of Commerce. (2) Decennial census Any operational, statistical, or technical decision for any decennial census of population may be made only by the Director. . (c) Advisory committees; Deputy Director (1) In general Section 21 of title 13, United States Code, as amended by subsection (b), is further amended— (A) in the section heading, by striking duties Deputy Director; advisory committees (B) by adding at the end the following: (d) Deputy Director (1) In general There shall be in the Bureau a single Deputy Director of the Bureau, to be appointed by the Director. The position of Deputy Director shall be a career reserved position (as that term is defined in section 3132(a)(8) of title 5). The Deputy Director shall be selected from among any career appointee (as that term is defined in section 3132(a)(4) of such title) at any agency. The individual appointed to the position of Deputy Director shall be made from individuals who have a demonstrated ability in managing large organizations and experience in the collection, analysis, and use of statistical data. (2) Functions The Deputy Director shall perform such functions as the Director shall designate. During any absence or disability of the Director, the Deputy Director shall act as Director. (3) Vacancy In the event of a vacancy in the office of Director, or when the Director is absent or unable to serve, the Deputy Director shall act as Director until a Director is appointed. If no individual is serving as Deputy Director, the highest level career employee of the Bureau shall act as Director until a Deputy Director or Director is appointed. This paragraph shall serve as the exclusive means of designating an acting Director. (4) Census equity official The Deputy Director shall appoint an employee within the Bureau, who shall report directly to the Deputy Director, and who shall be responsible for optimizing racial and ethnic equity in the decennial census of population, including by— (A) enhancing outreach to, and collaborating with, organizations and stakeholders that have demonstrated their influence with racial and ethnic communities that historically have had census participation rates that are lower than those of the overall population; (B) maximizing participation among racial and ethnic demographic cohorts that have historically had census participation rates that are lower than those of the overall population; (C) rectifying the undercount of cohorts of the population that have been undercounted in recent decennial census counts; and (D) any other strategies, initiatives, activities, or operations that would optimize such equity. (e) Advisory committees (1) General authority In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), and subject to paragraph (2), the Director may establish advisory committees to provide advice with respect to the mission of the Bureau. Members of any such committee, including a committee established under paragraph (2), shall serve without compensation, but shall be entitled to transportation expenses and per diem in lieu of subsistence in accordance with section 5703 of title 5. (2) Specific advisory committees (A) Bureau of the Census advisory committee on statistical quality standards The Director shall appoint a committee, to be known as the Advisory Committee on Statistical Quality Standards (B) National Advisory Committee and Scientific Advisory Committee There are hereby established the Bureau of the Census Scientific Advisory Committee and the Census Bureau National Advisory Committee on Racial, Ethnic, and Other Populations, as described in the charters for each such committee published on March 15, 2022, and March 23, 2022, respectively, or any subsequent charters. Such advisory committees shall operate under the terms and conditions set forth in the applicable charter. (C) 2030 Census Advisory Committee The Director shall appoint an advisory committee, substantially similar to the 2010 Census Advisory Committee, consisting of up to 20 member organizations to address policy, research, and technical issues related to the design and implementation of the 2030 decennial census and the American Community Survey. . (2) Clerical amendment The table of sections for subchapter II of chapter 1 of such title is amended by striking the item relating to section 21 and inserting the following: 21. Director of the Census; Deputy Director; advisory committees. . (d) Position requirements Section 22 of title 13, United States Code, is amended— (1) by striking All permanent (a) In general (2) by adding at the end the following: (b) Positions Each position within the Bureau shall be a career position within the civil service, except for the position of the Director and not more than three other positions. . 3. Limitations and requirements for the decennial census Section 141 of title 13, United States Code, is amended— (1) by redesignating subsection (g) as subsection (i); (2) by inserting after subsection (f) the following: (g) Limitations and requirements (1) Notice to Congress of subjects, types of information, and questions In the 2030 decennial census of population and each decennial census thereafter, the Secretary may not include any subject, type of information, or question that was not submitted to Congress in accordance with subsection (f). (2) Biannual reports (A) Submission to congress Not later than April 1 of the calendar year beginning after the date of enactment of the Ensuring a Fair and Accurate Census Act and biannually thereafter, the Secretary shall submit to Congress a report that— (i) describes each component of the operational plan for the subsequent decennial census of population; and (ii) includes a detailed statement on the status of all research, testing, and operations that are part of the Bureau’s comprehensive plan for the decennial census, and including a detailed statement on the status of any initiatives, developments, and operations within the purview of the official appointed by the Deputy Director under section 21(d)(4). (B) Internet publication On the date on which the Secretary submits a report under subparagraph (A), the Secretary shall publish the report on the public internet website of the Bureau. (3) Secretary certification (A) In general The Secretary, upon the date of submission of the report required by subsection (f)(2), shall submit, to the committees of Congress having legislative jurisdiction over the census, a certification stating that any question that has not appeared on the previous two decennial censuses has been researched, studied, and tested according to established statistical policies and procedures. (B) GAO review Not later than 6 months after the Secretary submits a certification under paragraph (2), the Comptroller General of the United States shall review such certification and submit a report to Congress on whether the questions to be included in the census have been researched, studied, and tested according to established statistical policies and procedures. ; and (3) in subsection (i), as so redesignated, by inserting Definition.— As used in 4. Decennial census lifecycle cost estimates Section 141 of title 13, United States Code, as amended by section 3, is further amended by inserting after subsection (g) the following: (h) Lifecycle costs (1) Estimate Not later than January 1, 2026, and every ten years thereafter, the Director shall transmit to the chairs of the committees described in paragraph (3) a lifecycle cost estimate for the decennial census of population first occurring after the date of such transmittal. Such estimate shall include the following with respect to such lifecycle: (A) An estimate of costs by each fiscal year. (B) Estimates of capital versus operating expenses. (C) Staffing projections for each year. (D) Assumptions about response rates, wages, and other economic variables. (2) Update On the date the President submits the annual budget under section 1105(a) of title 31 during any calendar year a decennial of census of population is taken under this section, and on the date such annual budget is submitted during the immediately preceding four calendar years, the Director shall transmit a report describing any changes to the applicable lifecycle estimate transmitted under paragraph (1). Such report shall include the following: (A) The basis for any such changes. (B) Projected impacts on response rates, staffing requirements, or costs throughout the lifecycle. (C) An explanation of any differences in budgetary resources between the amount requested in the President’s annual budget request and the lifecycle cost estimate, as updated by this paragraph. (3) Committees The committees described in this paragraph are the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate. . 5. Report on local-level data and local field operations Not later than 180 days after the date of the enactment of this Act, the Director of the Bureau of the Census shall submit to Congress a report that— (1) reviews the Bureau’s current processes for consulting and engaging with jurisdictions and local partners in conducting the decennial census, including as it relates to preventing and addressing inaccuracies; (2) provides an update on the Bureau’s progress in implementing several of the Government Accountability Office’s recommendations as it relates to the collection and utilization of local-level data and coordination of local field operations; and (3) outlines additional resources needed to support and improve the Bureau’s capacity to conduct an accurate count of the Nation’s population. | Ensuring a Fair and Accurate Census Act |
Retirement Savings for Americans Act of 2022 This bill provides retirement savings accounts to eligible workers without employer-sponsored retirement plans. Participants' contributions are matched (up to certain thresholds) by the government through a federal income tax credit. | 117 S5271 IS: Retirement Savings for Americans Act of 2022 U.S. Senate 2022-12-15 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. 5271 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Hickenlooper Mr. Tillis Committee on Finance A BILL To establish the American Worker Retirement Plan, improve the financial security of working Americans by facilitating the accumulation of wealth, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Retirement Savings for Americans 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. Definitions. Sec. 3. Relationship to Social Security. Sec. 4. Government benefits. Title I—The American Worker Retirement Plan Sec. 101. The American Worker Retirement Fund. Sec. 102. Investment of American Worker Retirement Fund. Sec. 103. Eligibility. Sec. 104. Enrollment. Sec. 105. Contributions. Sec. 106. Distributions. Sec. 107. Accounts. Sec. 108. Tax treatment. Sec. 109. Spousal protections; survivor rights. Title II—The American Worker Retirement Plan Investment Management System Sec. 201. The American Worker Retirement Investment Board. Sec. 202. The American Worker Retirement Plan Advisory Council. Sec. 203. Executive Director. Sec. 204. Investment policies and selection of asset managers. Sec. 205. Administrative provisions. Sec. 206. Fiduciary responsibilities; liability and penalties. Sec. 207. Bonding. Sec. 208. Investigative authority. Sec. 209. Exculpatory provisions; insurance. Sec. 210. Subpoena authority. Title III—Government Match Tax Credit Sec. 301. Government Match Tax Credit. 2. Definitions As used in this Act, except as otherwise provided: (1) Account The term account (2) Board The term Board (3) Business The term business (4) Earnings The term earnings (5) Executive Director The term Executive Director (6) Existing retirement plan The term existing retirement plan (A) an eligible retirement plan, as defined in section 402(c)(8)(B) (B) the Thrift Savings Plan established under subchapter III of chapter 84 (C) any other tax deferred employee retirement plan determined by the Secretary of the Treasury to be consistent with the purposes of this Act. (7) Former participant The term former participant (8) Fund The term Fund (9) Investment Advisory Council The term Investment Advisory Council (10) Loss The term loss (11) Net earnings The term net earnings (12) Net losses The term net losses (13) Participant The term participant (14) Participating employer The term participating employer (A) employs a qualifying worker; or (B) contracts with an independent contractor who is a qualifying worker and opts to enroll such independent contractor to participate in the Fund under section 104(a)(2). (15) Qualifying worker The term qualifying worker (A) an employee who— (i) is employed by a business that has not established an existing retirement plan and does not provide an individual retirement plan (as defined in section 7701(a)(37) (ii) is not eligible to participate in any such plan or arrangement established by the business that employs the employee; or (B) an independent contractor who— (i) is self-employed; and (ii) has not established an existing retirement plan, and does not have an individual retirement plan (as defined in section 7701(a)(37) 3. Relationship to Social Security Except as otherwise provided in this Act, the funds payable under the Fund to participants and former participants are in addition to the benefits payable under the Social Security Act ( 42 U.S.C. 301 et seq. 4. Government benefits The funds owned by an individual in an account and any contribution made to such funds by a participant or the Secretary of the Treasury shall not be taken into consideration when determining the individual’s eligibility for any Federal public assistance benefit. I The American Worker Retirement Plan 101. The American Worker Retirement Fund (a) Establishment There is established in the Treasury of the United States the American Worker Retirement Fund. (b) Purposes The Fund shall consist of the sum of all amounts contributed under sections 105 and 301, increased by the total net earnings from investments of the sums in the Fund or reduced by the total net losses from investments of the Fund, and reduced by the total amount of payments made from the Fund (including payments for administrative expenses under subsection (e)). (c) Investment The sums in the Fund shall remain available without fiscal year limitation— (1) to invest pursuant section 102; (2) to pay the administrative expenses of the Fund under subsection (e); (3) to make distributions as provided in section 106; (4) to make loans as authorized under section 106(h); and (5) to purchase insurance as provided in section 209. (d) Accounts Each participant shall have an account with the Fund. Amounts contributed by a participant under section 105 and by the Secretary of the Treasury under section 25F (e) Administrative expenses Administrative expenses (including expenses related to financial literacy requirements under section 201(f)(5)) incurred to carry out this Act shall be paid out of the net earnings of the Fund, including earnings attributed to returned credit amounts under section 25F(h) (f) Exclusive benefit (1) In general Subject to paragraphs (2) and (3) and subsection (e), sums in the Fund credited to the accounts of a participant or former participant may not be used for, or diverted to, purposes other than for the exclusive benefit of the participant or former participant, or a beneficiary thereof, except as otherwise provided by law. (2) Assignment Except as provided in paragraph (3), sums in the Fund may not be assigned or alienated and are not subject to execution, levy, attachment, garnishment, or other legal process. For purposes of this paragraph, a loan made from the Fund to a participant shall not be considered to be an assignment or alienation. (3) Legal obligations Moneys due or payable from the Fund to any individual and, in the case of an individual who is a participant or former participant, the balance in the account of the participant or former participant shall be subject to— (A) legal process for the enforcement of the individual’s legal obligation to provide child support or make alimony payments as provided in section 459 of the Social Security Act ( 42 U.S.C. 659 (B) an obligation of the Executive Director to make a payment to another person under section 109; and (C) any Federal tax levy under section 6331 For the purposes of this paragraph, an amount contributed for the benefit of a participant or former participant under section 25F (g) Non-Appropriated funds The sums in the Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose. (h) Benefit to participants All sums contributed to the Fund by a participant or the Secretary of the Treasury for the benefit of such participant and all net earnings in such Fund in trust for such participant shall be the exclusive property of the participant. (i) Nonforfeitable All the contributions made under section 105 and section 25F 102. Investment of American Worker Retirement Fund (a) In general The Board shall establish the investment policies of the Fund and select the investment funds, indexes, and other investment products that the amounts in the Fund shall be invested in subject to the following conditions: (1) The Board shall provide for the following investment options for participants: (A) A Government Securities Investment Fund under which sums in the Fund are invested in— (i) bonds issued or guaranteed by the United States Government; and (ii) bonds issued by Government-sponsored enterprises or Government corporations. (B) A Fixed-Income Investment Fund under which sums are in the Fund are invested in— (i) insurance contracts; (ii) certificates of deposit; and (iii) other instruments or obligations selected by qualified professional asset managers (as defined in section 8438(a)(8) of title 5, United States Code), which return the amount invested and pay interest, at a specific rate or rates, on that amount during a specific period of time. (C) A Common Stock Index Investment Fund, as described in section 8438(b)(2) of title 5, United States Code. (D) A Small Capitalization Stock Index Investment Fund, as described in section 8438(b)(3) of title 5, United States Code. (E) An International Stock Index Investment Fund, as described in section 8438(b)(4) of title 5, United States Code. (F) A Life-Cycle Investment Fund consisting of target date asset allocation portfolios. (2) The Board may, in its discretion, provide for other investment options for participants consistent with the Board’s fiduciary duty set forth in sections 201 and 206. (3) The Board shall consult with the Investment Advisory Council before authorizing additional investment options for participants. (b) Investments (1) Investment selection The Executive Director shall invest the sums available in the Fund for investment as provided in the selection made under subsection (c). (2) Default option If a selection has not been made with respect to any sums available for investment in the Fund, the Executive Director shall invest such sums in an age-appropriate Life-Cycle Investment Fund, as determined by the Executive Director. (c) Investment selection As often as is practical, but not less than twice per year, a participant may select the investment funds and options referred to in subsection (a) into which the amounts in the Fund credited to the participant’s accounts are to be invested or reinvested. A selection may be made under this subsection only in accordance with regulations prescribed by the Executive Director and within such period as the Executive Director shall provide in such regulations, but in no event less frequently than twice a year. (d) Voting rights Participants, former participants, the Board, and the Executive Director may not exercise voting rights associated with the ownership of securities by the Fund. (e) Reports The Board shall issue regular reports (not less frequently than quarterly) to participants and former participants on the performance of each investment option selected under subsection (a), which shall include personalized estimates of assets and income at retirement, the additional assets and income at retirement a participant would have if the participant makes sufficient contributions to receive the maximum amount of the Government match tax credit under section 25F 103. Eligibility (a) Eligibility A qualifying worker shall be eligible to participate in the Fund upon completion of the enrollment process set forth in section 104. (b) Cessation of eligibility A former participant shall not be eligible to contribute to the Fund under section 105(a) but shall remain the owner of the funds in the former participant’s account with the Fund (and any net earnings attributable to such funds) subject to the withdrawal conditions established under section 106, and may exercise investment decisions with respect to such account on the same basis as a participant. 104. Enrollment (a) Enrollment (1) In general The Secretary of the Treasury and the Executive Director shall jointly establish an enrollment process for participating employers to enroll qualifying workers to participate in the Fund that incorporates, to the extent practicable, such enrollment and participant contributions under section 105(a) into Federal tax withholding forms and payments. (2) Independent contractors In the case of independent contractors who are qualifying workers, the enrollment process shall allow businesses who have contracts with such qualifying workers to elect to enroll such qualifying workers to participate in the Fund. (b) Auto-Enrollment; opt-Out (1) In general Each participating employer shall enroll each of its qualifying workers to participate in the Fund under subsection (a) unless such qualifying worker elects to opt out of participating pursuant to paragraph (3). A qualifying worker who is a sole proprietor or independent contractor shall enroll or elect to opt out of participating pursuant to paragraph (3). (2) Automatic contribution rates Each qualifying worker enrolled under paragraph (1) shall be automatically enrolled to make contributions under section 105(a) at the default percentage of 3 percent of the qualifying worker’s compensation from the employer for such period as shall be established by regulation under section 105(a)(3). (3) Opt-out A qualifying worker may elect to opt out of participating in the Fund pursuant to procedures established jointly by the Secretary of the Treasury and the Executive Director as part of the regulations governing the enrollment process set forth in subsection (a). If a qualifying worker elects to opt out of participating in the Fund, such qualifying worker shall not be enrolled in subsequent years unless the qualifying worker elects to participate in the Fund. The Secretary of the Treasury and the Executive Director shall determine procedures to establish accounts for qualifying workers who elect to opt out of participating in the Fund who are determined to be eligible for automatic contributions or who would make contributions otherwise allowable by law outside the withholding process. (c) Penalties (1) Penalty A participating employer who fails to enroll a qualifying worker pursuant to subsection (b) or fails to deposit in the Fund the amount of a participant’s contributions under section 105(a) shall be subject to a penalty equal to the applicable penalty percentage of the amount of the contributions by the qualifying worker or participant, as the case may be, that the participating employer fails to deposit due to failure to enroll the qualifying worker or otherwise deposit such funds. The Secretary of the Treasury and the Executive Director shall jointly prescribe regulations under which a participating employer shall be required to pay to the Fund amounts representing lost earnings resulting from errors made by such participating employer in carrying out this section. (2) Applicable penalty percentage The term applicable penalty percentage (A) 2 percent if the failure is for not more than 5 days; (B) 5 percent if the failure is for more than 5 days but not more than 15 days; and (C) 10 percent if the failure is for more than 15 days. (3) Funds The Secretary of the Treasury shall credit to the Fund, out of any sums in the Treasury not otherwise appropriated, the amount determined by the Executive Director to be necessary to carry out this section and section 105(d). 105. Contributions (a) Contributions by participants (1) In general Pursuant to the regulations established under subsection (d), a participant may make contributions to the participant’s account with the Fund in any pay period in an amount not to exceed the participant’s compensation for such period. (2) Catch-up contributions Notwithstanding the limitation under paragraph (1), a participant may make such additional contributions to the participant’s account with the Fund as are permitted by section 414(v) (3) Contributions The Secretary of the Treasury and the Executive Director shall jointly prescribe regulations that establish a program of regular contribution under which participants may— (A) make contributions to their accounts with the Fund under paragraph (1); (B) modify the amount contributed under such paragraph; or (C) terminate such contributions. (4) Election An election to make contributions under this subsection— (A) may be made at any time; (B) shall take effect on the earliest date after the election that is administratively feasible; and (C) shall remain in effect until modified or terminated. (b) Contribution of Government Match Tax Credit A participant’s account shall receive contributions in the form of the Government Match Tax Credit contributed by the Secretary of the Treasury under section 25F (c) Contribution limits Notwithstanding any other provision of this section, no contribution may be made under this section for any year to the extent that such contribution, when added to prior contributions for such year, exceeds any limitation under section 219(b)(5) section 25F (d) Treatment as Roth contributions Contributions under subsection (a) shall not be excludable from gross income and no deduction shall be allowed with respect to such contributions under section 219 (e) Regulations The amounts contributed to the Fund by a participant under section 105(a) and on behalf of a participant by the Secretary of the Treasury under section 25F 106. Distributions (a) Former participants A former participant is entitled to access the amounts in the former participant’s account as provided in this section. Amounts in the account of a former participant shall remain in the Fund until distributed in accordance with subsection (b). (b) Former participant withdrawal options Subject to section 109, a former participant is entitled to and may elect to withdraw from the Fund the balance of the former participant’s account as— (1) an annuity; (2) a single payment; (3) 2 or more substantially equal payments to be made not less frequently than annually; or (4) any combination of payments described in paragraphs (1) through (3) as the Executive Director may prescribe by regulation. (c) Additional former participant withdrawal options (1) In general In addition to the right provided under subsection (b) to withdraw the balance of the account, a former participant may make 1 or more withdrawals of any amount in the same manner as a single payment is made in accordance with subsection (b)(2) from the former participant’s account. (2) Transfers to retirement plans (A) In general A former participant may request that the amount withdrawn from the Fund under paragraph (1) be transferred to an existing retirement plan. (B) Transfers The Executive Director shall make each transfer directly to an existing retirement plan identified by the former participant for whom the transfer is made. A transfer shall not be made under the preceding sentence until the Executive Director receives from the former participant the information required by the Executive Director specifically to identify the existing retirement plan to which the transfer is to be made. (3) Limitations Withdrawals under this subsection shall be subject to such other limitations or conditions as the Executive Director may prescribe by regulation. (d) Payment of annuities The Board shall prescribe methods of payment of annuities under this Act substantially similar to those provided for under section 8434 of title 5, United States Code. (e) Former participant changes to elections (1) In general Subject to section 109, a former participant may change an election previously made under this section, except that in the case of an election to receive an annuity, a former participant may not change an election under this section on or after the date on which an annuity contract is purchased to provide for the annuity elected by the former participant. (2) Distributions made A former participant may not return a distribution once made pursuant to an election under this section. (f) Survivor rights (1) In general If a participant or a former participant dies without having made an election under subsection (b) or after having elected an annuity under subsection (b) but before making an election for payments to a survivor rights under section 8434 of title 5, United States Code, an amount equal to the value of that individual’s account (as of death) shall, subject to any decree, order, or agreement referred to in section 109, be paid in a manner consistent with the requirements of section 109. (2) Maintenance of account Notwithstanding section 109, if a participant or former participant dies and has designated as sole or partial beneficiary the spouse of the participant or former participant at the time of death, or, if a participant or former participant dies with no designated beneficiary and is survived by a spouse, the spouse may maintain the portion of the participant or former participant’s account to which the spouse is entitled in accordance with the following terms: (A) Subject to the limitations of subparagraph (B), the spouse shall have the same withdrawal options under subsection (b) as a former participant. (B) The spouse may not make withdrawals under subsection (h) or (i). (C) The spouse may not make contributions or transfers to the account. (D) The account shall be disbursed upon the death of the surviving spouse of the participant or former participant and shall not be maintained by a beneficiary or surviving spouse of the surviving spouse who inherited the account. (3) Regulations The Executive Director shall prescribe regulations to carry out this subsection. (g) Small Balance Accounts Notwithstanding subsection (b), if a former participant’s account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment. The Executive Director may prescribe more than 1 balance amount for payment under this subsection based on age of the former participant. (h) Loans (1) In general A participant or former participant may apply to the Board for permission to borrow from the participant or former participant’s account an amount not exceeding the value of that portion of such account which is attributable to contributions made by the participant or former participant. Before a loan is issued, the Executive Director shall provide to the participant or former participant in writing with appropriate information concerning the cost of the loan relative to other sources of financing, as well as the lifetime cost of the loan, including the difference in interest rates between the funds offered by the Fund and any other effect of such loan on the participant or former participant’s final account balance. (2) Special rules (A) In general Loans under this subsection shall be available to all participant and former participants on a reasonably equivalent basis, and shall be subject to such other conditions as the Board may prescribe by regulation, which shall be as equivalent as practically possible to those provided for under the Thrift Savings Plan. The restrictions of section 206(c)(1) shall not apply to loans made under this subsection. (B) Limitation based on tax treatment A loan may not be made under this subsection to the extent that the loan would be treated as a taxable distribution under section 72(p) (C) Spousal protections A loan may not be made under this subsection unless the requirements of section 109 are satisfied. (i) Voluntary distributions (1) In general A participant may apply, before becoming a former participant, to the Board for permission to withdraw an amount from the participant’s account based upon— (A) the participant having attained age 59 1/2 (B) financial hardship. (2) Limitations A withdrawal under paragraph (1)(B) shall be available only for an amount not exceeding the value of that portion of such account which is attributable to contributions made by the participant. Withdrawals under paragraph (1) shall be subject to such other limitations or conditions as the Executive Director may prescribe by regulation, which shall be as equivalent as practically possible to those provided for under the Thrift Savings Plan. (3) Spousal protections A withdrawal may not be made under this subsection unless the requirements of section 109 are satisfied. (j) Involuntary distributions (1) In general A participant shall receive a distribution from the Fund if the participant’s gross income for a taxable year exceeds the dollar threshold (as adjusted by the Secretary of the Treasury) established under section 414(q)(1)(B) (2) Amount of distribution The amount of a distribution under paragraph (1) shall be equal to the sum of such participant’s contributions to the Fund for the taxable year for which such distribution is required under paragraph (1), increased by any gains attributable to such contributions, and decreased by any losses attributable to such contributions, any early withdrawal penalties, and any expenses associated with make such distribution. (3) Process for distribution (A) Notice to participant The Executive Director shall provide notice to a participant subject to a distribution under paragraph (1) not later than 7 days after the Executive Director determines that such participant is subject to such distribution, based on information regarding participants' gross income provided by the Secretary of the Treasury. (B) Method of distribution Not later than 30 days after receiving notice under subparagraph (A), a participant may elect to direct that a distribution under paragraph (1) be made— (i) in the case of an eligible rollover distribution (as defined in section 402(c) (ii) directly to such participant. (C) Default election In the case of a participant who fails to make an election within the period described in subparagraph (B), the Executive Director shall make the distribution directly to such participant. (4) Tax treatment of involuntary distribution A distribution made under paragraph (1) directly to the participant under subparagraph (B)(ii) or (C) shall be treated as an early distribution from a qualified retirement plan pursuant to section 72(t) (k) Treatment as Roth distributions The rules of sections 408(d) and 408A(d) of the Internal Revenue Code of 1986 shall apply to distributions from the Fund in the same manner as if such Fund were a Roth IRA. For purposes of the preceding sentence, contributions made under section 25F of such Code shall be treated as employer contributions which were not includible in gross income. 107. Accounts (a) In general The Executive Director shall establish and maintain an account for each participant who makes contributions under section 105(a), or for whom contributions are made under section 25F (b) Account balances The balance in a participant’s account is the excess of— (1) the sum of— (A) all contributions made to the Fund by the participant under section 105(a); (B) all contributions made to the Fund for the benefit of the participant by the Secretary of the Treasury under section 25F (C) the total amount of the allocations made to and reduction made in the account pursuant to subsection (c); over (2) the amounts paid out of the Fund with respect to such participant under this title. (c) Allocation of earnings and losses Pursuant to regulation prescribed by the Executive Director, the Executive Director shall allocate to each account an amount equal to a pro rata share of the net earnings and net losses from each investment of sums in the Fund attributed to sums credited to such account, reduced by the appropriate share of the administrative expenses paid out of the net earnings under section 101(e) as determined by the Executive Director. 108. Tax treatment Except as otherwise provided in this Act, for purposes of the Internal Revenue Code of 1986, rules similar to the rules that apply with respect to the Thrift Savings Fund (including the rules of section 8440 of title 5, United States Code) shall apply with respect to the American Worker Retirement Fund. 109. Spousal protections; survivor rights The provisions for spousal protections and court orders under section 8435 and 8467 of title 5, United States Code, respectively, shall apply in the same manner to governance of the Fund and to accounts of participants and former participants as such sections are applied with respect to the Thrift Savings Plan and its accounts. The Executive Director shall issue regulations that establish spousal protections and survivor rights with respect to participants and former participants that are as equivalent as practically possible to those provided for under the Thrift Savings Plan pursuant to chapter 84 II The American Worker Retirement Plan Investment Management System 201. The American Worker Retirement Investment Board (a) Establishment There is established in the executive branch of the Government the American Worker Retirement Investment Board. (b) Composition The Board shall be composed of— (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chair; (2) 1 member appointed by the President after taking into consideration the recommendation made by the majority leader of the Senate in consultation with the minority leader of the Senate; and (3) 1 member appointed by the President after taking into consideration the recommendation made by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives. (c) Senate confirmation Appointments under subsection (b) shall be made with the advice and consent of the Senate. (d) Qualifications (1) In general Members of the Board shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (2) Disqualification No member of the Board may be an officer or employee of the Federal Government. (e) Terms; vacancies (1) Terms A member of the Board shall be appointed for a term of 4 years, except that of the members first appointed under subsection (b)— (A) the Chair shall be appointed for a term of 4 years; (B) the members appointed under paragraphs (2) and (3) of subsection (b) shall be appointed for terms of 3 years; and (C) the remaining members shall be appointed for terms of 2 years. (2) Vacancies (A) In general A vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (B) Term An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (C) Expiration The term of any member shall not expire before the date on which the member’s successor takes office. (f) Board duties The Board shall— (1) establish policies for— (A) the investment and management of the Fund; and (B) the administration of title I of this Act; (2) hire and set the compensation for the Executive Director; (3) review the performance of investments made for the Fund; (4) review and approve the budget of the Board; and (5) develop evidence-based financial literacy requirements for participants in the Fund, including requirements for financial literacy interventions to occur prior to a participant— (A) taking an early withdrawal from their account at the Fund pursuant to section 106(i); and (B) taking a loan from such account pursuant to section 106(h). (g) Board authorities; investment limitations (1) In general The Board may— (A) adopt, alter, and use a seal; (B) except as provided in paragraph (2), direct the Executive Director to take such action as the Board considers appropriate to carry out the provisions of this Act and the policies of the Board; (C) upon the concurring votes of 4 members, remove the Executive Director from office for good cause shown; and (D) take such other action as may be necessary to carry out the functions of the Board. (2) Exception Except in the case of investments under section 102(b)(2), the Board may not direct the Executive Director to invest or to cause to be invested any sums in the Fund in a specific asset or to dispose of or cause to be disposed of any specific asset of such Fund. (h) Board responsibilities The members of the Board shall discharge their responsibilities under this Act solely in the interest of participants and beneficiaries. (i) Budget The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall be included as a separate item in the budget required to be transmitted to the Congress under section 1105 of title 31, United States Code. (j) Legislative recommendations The Board may submit to the President, and, at the same time, shall submit to each House of the Congress, any legislative recommendations of the Board relating to any of its functions under this title. 202. The American Worker Retirement Plan Advisory Council (a) Establishment The Board shall establish an American Worker Retirement Plan Advisory Council. The Council shall be composed of 7 members appointed by the Chair of the Board in accordance with subsection (b). (b) Appointment The Chair shall appoint 7 members of the Council, of whom— (1) 3 shall be appointed who have experience managing investment funds; (2) 2 shall be appointed who have experience operating small businesses; and (3) 2 shall be appointed who have experience providing investment advice to small businesses and low-income workers. (c) Head of council; terms; vacancies (1) In general The Chair of the Board shall designate 1 member of the Council to serve as head of the Council. (2) Term A member of the Council shall be appointed for a term of 4 years. (3) Vacancies (A) In general A vacancy in the Council shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (B) Term An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (C) Expiration The term of any member shall not expire before the date on which the member’s successor takes office. (d) Majority approval The Council shall act by resolution of a majority of the members. (e) Duties The Council shall— (1) advise the Board and the Executive Director on matters relating to— (A) investment policies for the Fund; and (B) the administration of title I of this Act; and (2) perform such other duties as the Board may direct with respect to investment funds established in accordance with title I. 203. Executive Director (a) In general (1) Appointment The Board shall appoint, without regard to the provisions of law governing appointments in the competitive service, an Executive Director by action agreed to by a majority of the members of the Board. (2) Qualifications The Executive Director shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (b) Duties The Executive Director shall— (1) carry out the policies established by the Board; (2) invest and manage the Fund in accordance with investment policies and other policies established by the Board; (3) administer the provisions of this Act; (4) prescribe such regulations (other than regulations relating to fiduciary responsibilities) as may be necessary for the administration of this Act; (5) meet from time to time with the Council upon the request of the Council; and (6) enforce the financial literary requirements established by the Board pursuant to 201(f)(5). (c) Authorities The Executive Director may— (1) prescribe such regulations as may be necessary to carry out the responsibilities of the Executive Director under this section, other than regulations relating to fiduciary responsibilities; (2) appoint such personnel as may be necessary to carry out the provisions of this Act; (3) subject to approval by the Board, procure the services of experts and consultants under section 3109 of title 5, United States Code; (4) make such payments out of sums in the Fund as the Executive Director determines are necessary to carry out the provisions of this Act and the policies of the Board; (5) pay the compensation, per diem, and travel expenses of individuals appointed under paragraphs (2), (3), and (7) of this subsection from the Fund; (6) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director’s functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and (7) take such other actions as are appropriate to carry out the functions of the Executive Director. 204. Investment policies and selection of asset managers (a) Investment Policies The Board shall develop investment policies under section 201(f)(1) which provide for— (1) prudent investments suitable for accumulating funds for payment of retirement income; and (2) low administrative costs. (b) Asset managers The Board shall select asset managers to manage the Fund, subject to the following conditions: (1) The Board shall select a number of asset managers necessary to ensure that no asset manager shall be responsible for managing the greater of— (A) $500,000,000,000; or (B) 10 percent of the Fund’s assets. (2) The Board shall limit any contract with an asset manager to a maximum of 5 years. 205. Administrative provisions (a) Board meetings The Board shall meet— (1) not less than once during each month; and (2) at additional times at the call of the Chair. (b) Board governance (1) In general Except as provided in section 201(g)(1)(C), the Board shall perform the functions and exercise the powers of the Board on a majority vote of a quorum of the Board. (2) Quorum 3 members of the Board shall constitute a quorum for the transaction of business. (3) Effect of vacancy A vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the power of the Board. (c) Board compensation (1) In general Each member of the Board shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board. (2) Per diem, etc A member of the Board shall be paid travel, per diem, and other necessary expenses while traveling away from such member’s home or regular place of business in the performance of the duties of the Board. (3) Payment from fund Payments authorized under this subsection shall be paid from the Fund as administrative expenses permitted under section 101(e). 206. Fiduciary responsibilities; liability and penalties (a) Definitions For the purposes of this section: (1) Account The term account (2) Adequate consideration The term adequate consideration (A) in the case of a security for which there is a generally recognized market— (i) the price of the security prevailing on a national securities exchange which is registered under section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f (ii) if the security is not traded on such a national securities exchange, a price not less favorable to the Fund than the offering price for the security as established by the current bid and asked prices quoted by persons independent of the issuer and of any party in interest; and (B) in the case of an asset other than a security for which there is a generally recognized market, the fair market value of the asset as determined in good faith by a fiduciary or fiduciaries in accordance with regulations prescribed by the Secretary of Labor. (3) Fiduciary The term fiduciary (A) a member of the Board; (B) the Executive Director; (C) any person who has or exercises discretionary authority or discretionary control over the management or disposition of the assets of the Fund; and (D) any person who, with respect to the Fund, is described in section 3(21)(A) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(21)(A) (4) Party in interest The term party in interest (A) any fiduciary; (B) any counsel to a person who is a fiduciary, with respect to the actions of such person as a fiduciary; (C) any participant; (D) any person providing services to the Board and, with respect to the actions of the Executive Director as a fiduciary, any person providing services to the Executive Director; (E) a labor organization, the members of which are participants; (F) a spouse, sibling, ancestor, lineal descendant, or spouse of a lineal descendant of a person described in subparagraph (A), (B), or (D); (G) a corporation, partnership, or trust or estate of which, or in which, at least 50 percent of— (i) the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation, (ii) the capital interest or profits interest of such partnership, or (iii) the beneficial interest of such trust or estate, is owned directly or indirectly or held by a person described in subparagraph (A), (B), (D), or (E); (H) an official (including a director) of, or an individual employed by, a person described in subparagraph (A), (B), (D), (E), or (G), or an individual having powers or responsibilities similar to those of such an official; (I) a holder (directly or indirectly) of at least 10 percent of the shares in a person described in any subparagraph referred to in subparagraph (H); and (J) a person who, directly or indirectly, is at least a 10 percent partner or joint venturer (measured in capital or profits) in a person described in any subparagraph referred to in subparagraph (H). (b) Duties To the extent not inconsistent with the provisions of this Act and the policies prescribed by the Board, a fiduciary shall discharge the fiduciary’s responsibilities with respect to the Fund or applicable portion thereof solely in the interest of the participants and beneficiaries and— (1) for the exclusive purpose of— (A) providing benefits to participants and their beneficiaries; and (B) defraying reasonable expenses of administering the Fund or applicable portions thereof; (2) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent individual acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like objectives; and (3) to the extent permitted by section 102, by diversifying the investments of the Fund or applicable portions thereof so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. (c) Ownership jurisdictions No fiduciary may maintain the indicia of ownership of any assets of the Fund outside the jurisdiction of the district courts of the United States. (d) Transactions (1) Prohibited transactions A fiduciary shall not permit the Fund to engage in any of the following transactions, except in exchange for adequate consideration: (A) A transfer of any assets of the Fund to any person the fiduciary knows or should know to be a party in interest or the use of such assets by any such persons. (B) An acquisition of any property from or sale of any property to the Fund by any person the fiduciary knows or should know to be a party in interest. (C) A transfer or exchange of services between the Fund and any person the fiduciary knows or should know to be a party in interest. (2) Prohibited actions Notwithstanding paragraph (1), a fiduciary with respect to the Fund shall not— (A) deal with any assets of the Fund in the fiduciary’s own interest or for the fiduciary’s own account; (B) act, in an individual capacity or any other capacity, in any transaction involving the Fund on behalf of a party, or representing a party, whose interests are adverse to the interests of the Fund or the interests of its participants or beneficiaries; or (C) receive any consideration of the fiduciary’s own personal account from any party dealing with sums credited to the Fund in connection with a transaction involving assets of the Fund. (3) Secretary of Labor (A) In general The Secretary of Labor may, in accordance with procedures which the Secretary of Labor shall by regulation prescribe, grant a conditional or unconditional exemption of any fiduciary or transaction, or class of fiduciaries or transactions, from all or any of the restrictions imposed by paragraph (2). An exemption granted under this subparagraph shall not relieve a fiduciary from any other applicable provision of this Act. (B) Conditions The Secretary of Labor may not grant an exemption under subparagraph (A) unless the Secretary of Labor finds that such exemption is— (i) administratively feasible; (ii) in the interests of the Fund and its participants; and (iii) protective of the rights of participants and beneficiaries of such Fund. (C) Notice An exemption under subparagraph (A) may not be granted unless— (i) notice of the proposed exemption is published in the Federal Register; (ii) interested persons are given an opportunity to present views; and (iii) the Secretary of Labor affords an opportunity for a hearing and makes a determination on the record with respect to the respective requirements of clauses (i), (ii), and (iii) of subparagraph (B). (D) Application of ERISA fiduciary exemptions Notwithstanding subparagraph (C), the Secretary of Labor may determine that an exemption granted for any class of fiduciaries or transactions under section 408(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1108(a) (e) Nonapplication This section does not prohibit any fiduciary from— (1) receiving any benefit which the fiduciary is entitled to receive under this Act as a participant, former participant, or beneficiary; (2) receiving any reasonable compensation authorized by this Act for services rendered, or for reimbursement of expenses properly and actually incurred, in the performance of the fiduciary’s duties under this Act; or (3) serving as a fiduciary in addition to being an officer, employee, agent, or other representative of a party in interest. (f) Liability (1) In general Any fiduciary that breaches the responsibilities, duties, and obligations set out in subsection (b) or violates subsection (c) shall be personally liable to the Fund for any losses to such Fund resulting from each such breach or violation and to restore to such Fund any profits made by the fiduciary through use of assets of such Fund by the fiduciary, and, except as provided in paragraphs (3) and (4), shall be subject to such other equitable or remedial relief as a court considers appropriate. A fiduciary may be removed for a breach referred to in the preceding sentence. (2) Civil penalties The Secretary of Labor may assess a civil penalty against a party in interest with respect to each transaction prohibited by subsection (d) which is engaged in by the party in interest. The amount of such penalty shall be equal to 5 percent of the amount involved in each such transaction (as defined in section 4975(f)(4) (3) Special rules (A) In general A fiduciary shall not be liable under paragraph (1)— (i) with respect to a breach of fiduciary duty under subsection (b) committed before becoming a fiduciary or after ceasing to be a fiduciary; (ii) for providing for the automatic enrollment of a participant in accordance with section 104; (iii) for enrolling a participant or beneficiary in a default investment fund or option in accordance with section 104; or (iv) for allowing a participant or beneficiary to invest through the mutual fund window or for establishing restrictions applicable to participants’ or beneficiaries’ ability to invest through the mutual fund window. (B) Joint and several liability A fiduciary shall be jointly and severally liable under paragraph (1) for a breach of fiduciary duty under subsection (b) by another fiduciary only if— (i) the fiduciary participates knowingly in, or knowingly undertakes to conceal, an act or omission of such other fiduciary, knowing such act or omission is such a breach; (ii) by the fiduciary’s failure to comply with subsection (b) in the administration of the fiduciary’s specific responsibilities which give rise to the fiduciary status, the fiduciary has enabled such other fiduciary to commit such a breach; or (iii) the fiduciary has knowledge of a breach by such other fiduciary, unless the fiduciary makes reasonable efforts under the circumstances to remedy the breach. (4) Allocation of duties The Secretary of Labor shall prescribe, in regulations, procedures for allocating fiduciary responsibilities among fiduciaries, including asset managers. Any fiduciary who, pursuant to such procedures, allocates to any person any fiduciary responsibility shall not be liable for an act or omission of such person unless such fiduciary violated subsection (b) with respect to the allocation, with respect to the implementation of the procedures prescribed by the Secretary of Labor. (5) Other civil actions (A) In general No civil action may be maintained against any fiduciary with respect to the responsibilities, liabilities, and penalties authorized or provided for in this section except in accordance with subparagraphs (B) and (C). (B) Actions permitted A civil action may be brought in the district courts of the United States— (i) by the Secretary of Labor against any fiduciary other than a member of the Board or the Executive Director of the Board— (I) to determine and enforce a liability under paragraph (1); (II) to collect any civil penalty under paragraph (2); (III) to enjoin any act or practice which violates any provision of subsection (b) or (c); (IV) to obtain any appropriate equitable relief to redress a violation of any such provision; or (V) to enjoin any act or practice which violates subsection (g)(2) or (h) of section 201; (ii) by any participant, beneficiary, or fiduciary— (I) to enjoin any act or practice which violates any provision of subsection (b) or (c); (II) to obtain any other appropriate equitable relief to redress a violation of any such provision; or (III) to enjoin any act or practice which violates subsection (g)(2) or (h) of section 201; or (iii) by any participant or beneficiary— (I) to recover benefits of such participant or beneficiary under the provisions of title I, to enforce any right of such participant or beneficiary under such provisions, or to clarify any such right to future benefits under such provisions; or (II) to enforce a claim otherwise cognizable under sections 1346(b) and 2671 through 2680 of title 28, United States Code, except that the remedy against the United States provided by section 1346(b) and 2672 of such title 28 for damages for injury or loss of property caused by the negligent or wrongful act or omission of any fiduciary while acting within the scope of the fiduciary’s duties or employment shall be exclusive of any other civil action or proceeding by the participant or beneficiary for recovery of money by reason of the same subject matter against the fiduciary (or the estate of such fiduciary) whose act or omission gave rise to such action or proceeding, whether or not such action or proceeding is based on an alleged violation of subsection (b) or (c). (C) Representation (i) In general In all civil actions under subparagraph (B)(i), attorneys appointed by the Secretary may represent the Secretary (except as provided in section 518(a) of title 28, United States Code), however, all such litigation shall be subject to the direction and control of the Attorney General. (ii) Attorney General The Attorney General shall defend any civil action or proceeding brought in any court against any fiduciary referred to in subparagraph (B)(iii)(II) (or the estate of such fiduciary) for any such injury. Any fiduciary against whom such a civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such fiduciary (or an attested copy thereof) to the Executive Director, who shall promptly furnish copies of the pleading and process to the Attorney General and the United States Attorney for the district wherein the action or proceeding is brought. (iii) Certification of scope of duty Upon certification by the Attorney General that a fiduciary described in subparagraph (B)(iii)(II) was acting in the scope of such fiduciary’s duties or employment as a fiduciary at the time of the occurrence or omission out of which the action arose, any such civil action or proceeding commenced in the State court shall be— (I) removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division in which it is pending; and (II) deemed a tort action brought against the United States under the provisions of title 28, United States Code, and all references thereto. (iv) Compromise or settlement The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, United States Code, and with the same effect. To the extent section 2672 of title 28, United States Code, provides that persons other than the Attorney General or the Attorney General’s designee may compromise and settle claims, and that payments of such claims may be made from agency appropriations, such provisions shall not apply to claims based upon an alleged violation of subsection (b) or (c). (v) Certain claims For the purposes of subparagraph (B)(iii)(II), the provisions of section 2680(h) of title 28, United States Code, shall not apply to any claim based upon an alleged violation of subsection (b) or (c). (vi) Payment of awards Notwithstanding sections 1346(b) and 2671 through 2680 of title 28, United States Code, whenever an award, compromise, or settlement is made under such section upon any claim based upon an alleged violation of subsection (b) or (c), payment of such award, compromise, or settlement shall be made to the appropriate account with in the Fund, or where there is no such appropriate account, to the participant or beneficiary bringing the claim. (vii) Definition For purposes of subparagraph (B)(iii)(II), the term fiduciary (D) Limitation on monetary relief Any relief awarded against a member of the Board or the Board’s Executive Director in a civil action authorized by subparagraph (B) may not include any monetary damages or any other recovery of money. (E) Time for commencement of action An action may not be commenced under clause (i) or (ii) of subparagraph (B) with respect to a fiduciary’s breach of any responsibility, duty, or obligation under subsection (b) or a violation of subsection (c) after the earlier of— (i) 6 years after— (I) the date of the last action which constituted a part of the breach or violation; or (II) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation; or (ii) 3 years after the earliest date on which the plaintiff had actual knowledge of the breach or violation, except that, in the case of fraud or concealment, such action may be commenced not later than 6 years after the date of discovery of such breach or violation. (F) Jurisdiction (i) In general The district courts of the United States shall have exclusive jurisdiction of civil actions under this subsection. (ii) Venue An action under this subsection may be brought in the District Court of the United States for the District of Columbia or a district court of the United States in the district where the breach alleged in the complaint or petition filed in the action took place or in the district where a defendant resides or may be found. Process may be served in any other district where a defendant resides or may be found. (G) Other rules (i) In general A copy of the complaint or petition filed in any action brought under this subsection (other than by the Secretary of Labor) shall be served on the Executive Director, the Secretary of Labor, and the Secretary of the Treasury by certified mail. (ii) Intervention Any officer referred to in clause (i) shall have the right in the officer’s discretion to intervene in any action. If the Secretary of Labor brings an action under subparagraph (B)(i) on behalf of a participant or beneficiary, the Secretary of Labor shall notify the Executive Director and the Secretary of the Treasury. (g) Regulations The Secretary of Labor may prescribe regulations to carry out this section. (h) Audits (1) In general The Secretary of Labor shall establish a program to carry out audits to determine the level of compliance with the requirements of this section relating to fiduciary responsibilities and prohibited activities of fiduciaries. (2) Delegation An audit under this subsection may be conducted by the Secretary of Labor, by contract with a qualified non-governmental organization, or in cooperation with the Comptroller General of the United States, as the Secretary of Labor considers appropriate. 207. Bonding (a) Requirements (1) In general Except as provided in paragraph (2), each fiduciary and each person who handles funds or property of the Fund shall be bonded as provided in this section. (2) Exceptions (A) In general Bond shall not be required of a fiduciary (or of any officer or employee of such fiduciary) if such fiduciary— (i) is a corporation organized and doing business under the laws of the United States or of any State; (ii) is authorized under such laws to exercise trust powers or to conduct an insurance business; (iii) is subject to supervision or examination by Federal or State authority; and (iv) has at all times a combined capital and surplus in excess of such minimum amount (not less than $1,000,000) as the Secretary of Labor prescribes in regulations. (B) Limitation If— (i) a bank or other financial institution would, but for this subparagraph, not be required to be bonded under this section by reason of the application of the exception provided in subparagraph (A), (ii) the bank or financial institution is authorized to exercise trust powers, and (iii) the deposits of the bank or financial institution are not insured by the Federal Deposit Insurance Corporation, such exception shall apply to such bank or financial institution only if the bank or institution meets bonding requirements under State law which the Secretary of Labor determines are at least equivalent to those imposed on banks by Federal law. (b) Regulations (1) In general The Secretary of Labor shall prescribe the amount of a bond under this section at the beginning of each fiscal year. Such amount shall not be less than 10 percent of the amount of funds handled, except that in no case shall such bond be less than $1,000 or more than $500,000, or such higher amount as the Secretary of Labor, after due notice and opportunity for hearing to all interested parties, and other consideration of the record, may prescribe. (2) Amount of funds handled For the purpose of prescribing the amount of a bond under paragraph (1), the amount of funds handled shall be determined by reference to the amount of the funds handled by the person, group, or class to be covered by such bond or by their predecessor or predecessors, if any, during the preceding fiscal year, or to the amount of funds to be handled during the current fiscal year by such person, group, or class, estimated as provided in regulations prescribed by the Secretary of Labor. (c) Terms A bond required by subsection (a)— (1) shall include such terms and conditions as the Secretary of Labor considers necessary to protect the Fund against loss by reason of acts of fraud or dishonesty on the part of the bonded person directly or through connivance with others; (2) shall have as surety thereon a corporate surety company which is an acceptable surety on Federal bonds under authority granted by the Secretary of the Treasury pursuant to sections 9304 through 9308 of title 31, United States Code; and (3) shall be in a form or of a type approved by the Secretary of Labor, including individual bonds or schedule or blanket forms of bonds which cover a group or class. (d) Custody of funds (1) In general It shall be unlawful for any person to whom subsection (a) applies, to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of the Fund without being bonded as required by this section. (2) Fiduciaries It shall be unlawful for any fiduciary, or any other person having authority to direct the performance of functions described in paragraph (1), to permit any such function to be performed by any person to whom subsection (a) applies unless such person has met the requirements of such subsection. (e) Exemption Notwithstanding any other provision of law, any person who is required to be bonded as provided in subsection (a) shall be exempt from any other provision of law which would, but for this subsection, require such person to be bonded for the handling of the funds or other property of the Fund. (f) Regulations The Secretary of Labor shall prescribe such regulations as may be necessary to carry out the provisions of this section, including exempting a person or class of persons from the requirements of this section. 208. Investigative authority Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1134 209. Exculpatory provisions; insurance (a) Exculpatory provisions void Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this title shall be void. (b) Insurance In accordance with section 101(e), the sums credited to the Fund shall be available to pay administrative expenses which may include, at the discretion of the Executive Director, the purchase of insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Fund, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation. 210. Subpoena authority (a) Subpoena authority In order to carry out the responsibilities specified in this Act, the Executive Director may issue subpoenas commanding each person to whom the subpoena is directed to produce designated books, documents, records, electronically stored information, or tangible materials in the possession or control of that individual. (b) Liability Notwithstanding any Federal, State, or local law, any person, including officers, agents, and employees, receiving a subpoena under this section, who complies in good faith with the subpoena and thus produces the materials sought, shall not be liable in any court of any State or the United States to any individual, domestic or foreign corporation or upon a partnership or other unincorporated association for such production. (c) Enforcement When a person fails to obey a subpoena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpoena. The court may punish as contempt any disobedience of its order. (d) Regulations The Executive Director shall prescribe regulations to carry out subsection (a). III Government Match Tax Credit 301. Government Match Tax Credit (a) Credit Subpart A of part IV of subchapter A of chapter 1 25F. Government Match Tax Credit (a) Allowance of credit In the case of an eligible individual, there shall be allowed as a credit for the taxable year an amount equal to the sum of— (1) 1 percent of the eligible individual’s gross income, plus (2) the applicable percentage of the participant’s contributions to the American Worker Retirement Fund during the taxable year. (b) Applicable percentage For purposes of this section, the applicable percentage is— (1) 100 percent of so much of the contributions to the American Worker Retirement Fund as do not exceed 3 percent of gross income, (2) 50 percent of so much of such contributions as exceeds 3 percent but does not exceed 5 percent of gross income, and (3) 0 percent for such contributions that exceed 5 percent of so much of such contributions as exceeds 5 percent of gross income. (c) Phaseout (1) In general The credit determined under subsection (a) shall be reduced by $75 for each $1,000 or portion thereof by which the eligible individual’s gross income exceeds the phaseout amount. (2) Phaseout amount For purposes of paragraph (1), the phaseout amount is— (A) in the case of a joint return, an amount equal to 200 percent of the United States median income for the preceding taxable year, as determined by the Secretary, (B) in the case of a head of household (as defined in section 2(b)), 3/4 (C) in any other case, 1/2 (d) Eligible individual For purposes of this section, the term eligible individual participant (e) American Worker Retirement Fund For purposes of this section, the American Worker Retirement Fund is the Fund created under section 101(a) of the Retirement Savings for Americans Act of 2022. (f) Deposit into participant’s account (1) In general Any amount allowed as a credit under subsection (a)— (A) shall not be allowed as a credit against any tax imposed by this subtitle, and (B) shall be treated as an overpayment under section 6401(b). (2) Payment The Secretary shall contribute the amount treated as an overpayment under paragraph (1) to the eligible individual’s account with the American Worker Retirement Fund. (g) Advance payment (1) Regulations The Secretary shall prescribe regulations to provide that the payments made under subsection (f) are made as concurrently as is reasonably possible with contributions by a taxpayer to the American Worker Retirement Fund. Such regulations shall provide that, for purposes of such payments, the credit under subsection (a) may be determined on the basis of the eligible individual’s gross income for the preceding taxable year. (2) Excess payments If the aggregate amount of payments under subsection (f) with respect to an eligible individual for any taxable year exceeds the amount of the credit allowed under subsection (a) to such individual for such taxable year, the tax imposed by this chapter for such taxable year shall be increased by the amount of such excess. Any failure to so increase the tax shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). (h) Forfeit of amounts (1) In general If any contribution described in subsection (a) does not remain in the American Worker Retirement Fund for at least 6 months after such contribution is made, the amount of the credit under this section attributable to such contribution shall be forfeited as provided in paragraph (2). (2) Treatment of forfeited amounts In the case of any contribution to which paragraph (1) applies— (A) the Executive Director of the American Worker Retirement Fund, as appointed under section 203 of the Retirement Savings for Americans Act of 2022 (B) in the case of any earnings on such contribution, such earnings shall be distributed by such Executive Director from the individual’s account and shall be available to the Executive Director, without need of further appropriation, for administrative expenses described in section 101(e) of such Act. (3) Forfeited amounts not includible in gross income Any distribution made under paragraph (2) shall not be includible in the gross income of the individual. . (b) Clerical amendments The table of sections for subpart A of part IV of subchapter A of chapter 1 Sec. 25F. Government Match Tax Credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. | Retirement Savings for Americans Act of 2022 |
Increasing Mental Health Options Act of 2022 This bill provides for an additional payment for clinical psychologists under Medicare who provide services in designated health professional shortage areas. It also allows clinical psychologists to provide behavioral health services (in accordance with state law) for purposes of hospitalization services, home health services, and other services under Medicare. | 117 S5272 IS: Increasing Mental Health Options Act of 2022 U.S. Senate 2022-12-15 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. 5272 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Brown Ms. Collins Committee on Finance A BILL To amend title XVIII of the Social Security Act to expand access to psychological and behavioral services. 1. Short title This Act may be cited as the Increasing Mental Health Options Act of 2022 2. Expanding eligibility for incentives to practice in rural and underserved areas Section 1833(m) of the Social Security Act ( 42 U.S.C. 1395l(m) (1) in paragraph (1)— (A) by inserting (A) In the case (B) by adding at the end the following new subparagraph: (B) In the case of services furnished by a clinical psychologist (as defined by the Secretary for purposes of section 1861(ii)) in a year to an individual, who is covered under the insurance program established by this part and who incurs expenses for such services, in an area that is designated (under section 332(a)(1)(A) of the Public Health Service Act) as a health professional shortage area as identified by the Secretary prior to the beginning of such year, in addition to the amount otherwise paid under this part, there also shall be paid to the clinical psychologist (or to an employer or facility in the cases described in clause (A) of section 1842(b)(6)) (on a monthly or quarterly basis) from the Federal Supplementary Medical Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part ; and (2) in paragraph (2), by inserting or clinical psychologist physician 3. Eliminating unnecessary oversight and approval requirements for behavioral health services provided by clinical psychologists (a) Comprehensive Outpatient Rehabilitation Facilities Section 1835(a)(2)(E)(iii) of the Social Security Act ( 42 U.S.C. 1395n(a)(2)(E)(iii) , except that an individual receiving qualified psychologist services as described in section 1861(ii) may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law (b) Skilled Nursing Facilities Section 1819(b) of such Act ( 42 U.S.C. 1395i–3(b) (1) in paragraph (5)(G), by inserting clinical psychologist, nurse practitioner, (2) in paragraph (6)(A), by inserting , except that a resident receiving qualified psychologist services as described in section 1861(ii) may be under the supervision of a clinical psychologist with respect to such services to the extent authorized under State law (c) Partial hospitalization services (1) Section 1835(a)(2)(F)(iii) of the Social Security Act ( 42 U.S.C. 1395n(a)(2)(F)(iii) , except that an individual receiving qualified psychologist services as described in section 1861(ii) may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law (2) Section 1861(ff)(1) of such Act ( 42 U.S.C. 1395x(ff)(1) (or, in the case of qualified psychologist services, under the supervision of a clinical psychologist to the extent authorized under State law) under the supervision of a physician (d) Home health services (1) Section 1861(m) of such Act ( 42 U.S.C. 1395x(m) (A) in paragraph (6), by striking and (B) in paragraph (7), by inserting and (C) by inserting after paragraph (7) the following new paragraph: (8) an individual receiving qualified psychologist services may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law. . (2) Section 1891(a)(3)(F) of such Act ( 42 U.S.C. 1395bbb(a)(3)(F) clinical psychologist, physician, (e) Inpatient psychiatric hospital services Section 1814(a)(2)(A) of such Act ( 42 U.S.C. 1395f(a)(2)(A) (or, in the case of qualified psychologist services, under the supervision of a clinical psychologist to the extent authorized under State law) under the supervision of a physician (f) Rule of construction In accordance with section 410.71(e) of title 42, Code of Federal Regulations (or any successor regulation), nothing in the provisions of, and amendments made by, this section shall be construed as changing or eliminating existing requirements regarding clinical consultation by clinical psychologists with a beneficiary’s physician, in accordance with accepted professional ethical norms and taking into consideration patient confidentiality. | Increasing Mental Health Options Act of 2022 |
Uyghur Human Rights Sanctions Review Act This bill requires the Department of the Treasury to determine whether specified Chinese entities (1) are responsible for serious human rights abuses against Uyghurs or certain other predominantly Muslim ethnic groups, and (2) meet the criteria for the imposition of certain sanctions. | 116 S5273 IS: Uyghur Human Rights Sanctions Review Act U.S. Senate 2022-12-15 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. 5273 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Rubio Committee on Foreign Relations A BILL To require a determination of whether certain Chinese entities are responsible for human rights abuses that meet the criteria for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act or the Uyghur Human Rights Policy Act of 2020. 1. Short title This Act may be cited as the Uyghur Human Rights Sanctions Review Act 2. Determination of whether actions of certain Chinese entities meet criteria for imposition of sanctions (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, shall— (1) determine whether any entity specified in subsection (b)— (A) is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuses against Uyghurs or other predominantly Muslim ethnic groups in the Xinjiang Uyghur Autonomous Region of the People's Republic of China; and (B) meets the criteria for the imposition of sanctions under— (i) the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. (ii) section 6 of the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 22 U.S.C. 6901 (iii) Executive Order 13818 ( 50 U.S.C. 1701 (2) submit to Congress a report on that determination that includes the reasons for the determination. (b) Entities specified An entity specified in this subsection is any of the following: (1) Hangzhou Hikvision Digital Technology Co., Ltd. (2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group). (3) Tiandy Technologies Co., Ltd. (4) Zhejiang Dahua Technology Co., Ltd. | Uyghur Human Rights Sanctions Review Act |
Bridge Quality Preservation Act This bill establishes certain requirements to address corrosion control in bridge and railroad-bridge projects that receive federal assistance. Specifically, certified contractors must employ a substantial number of individuals who are certified by a qualified training program in corrosion control, mitigation, and prevention in order to work on certain aspects of bridge project activities. A certified contractor must also provide training for any non-certified coating applicators employed by the contractor to work on a project. The bill further requires bridge projects to implement a corrosion management system that utilizes industry-recognized standards and corrosion mitigation and prevention methods for construction, repair, and maintenance projects. In addition, the bill expands the scope of the Railroad Rehabilitation and Improvement Financing Program to include corrosion control work on rail bridges. (This program provides direct loans and loan guarantees for the development of railroad infrastructure.) The bill also requires the Department of Transportation to study best practices for inspecting and addressing corrosion on weathering steel bridges. This report must be made available to state and local governments, metropolitan planning organizations, and regional organizations. | 117 S5275 IS: Bridge Quality Preservation Act U.S. Senate 2022-12-15 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. 5275 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Casey Ms. Stabenow Committee on Environment and Public Works A BILL To require that certain aspects of bridge projects be carried out by certified contractors, and for other purposes. 1. Short title This Act may be cited as the Bridge Quality Preservation Act 2. Corrosion prevention for bridges (a) Definitions In this section: (1) Applicable bridge project The term applicable bridge project (A) a bridge project that receives financial assistance under title 23, United States Code; or (B) a project for a railroad bridge (as defined in section 237.5 of title 49, Code of Federal Regulations (or successor regulations)) that receives financial assistance under title 49, United States Code. (2) Certified contractor The term certified contractor (3) Qualified training program The term qualified training program (A) offered or accredited by an organization that sets industry corrosion standards; or (B) an industrial coatings applicator training program— (i) registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act 29 U.S.C. 50 et seq. (ii) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations (or successor regulations). (b) Applicable bridge projects (1) Quality control A certified contractor shall carry out aspects of an applicable bridge project described in paragraph (2). (2) Aspects of applicable bridge projects Aspects of an applicable bridge project referred to in paragraph (1) include— (A) surface preparation or coating application on steel, concrete, or rebar of an applicable bridge project; (B) removal of a lead-based or other hazardous coating from steel or concrete of an existing applicable bridge project; and (C) shop painting of structural steel or rebar fabricated for installation on an applicable bridge project. (3) Corrosion management system In carrying out an applicable bridge project, the entity carrying out the project shall— (A) implement a corrosion management system that utilizes industry-recognized standards and corrosion mitigation and prevention methods to address different considerations, including— (i) surface preparation; (ii) protective coatings; (iii) materials selection; (iv) cathodic protection; (v) corrosion engineering; (vi) personnel training; and (vii) best practices in environmental protection to prevent environmental degradation and uphold public health; and (B) require certified contractors, for the purpose of carrying out aspects of applicable bridge projects described in paragraph (2), to employ a substantial number of individuals that are trained and certified by a qualified training program as meeting the ANSI/NACE Number 13/SSPC–ACS–1 standard (or a successor standard). (4) Certification For an applicable bridge project that includes an aspect described in paragraph (2), the entity carrying out the project shall only accept bids from a certified contractor that presents written proof that the certification of the contractor meets the relevant SSPC–QP standards (or a successor standard). (c) Training program As a condition of entering into a contract for an applicable bridge project, each certified contractor shall provide training for each individual who is not a certified coating applicator but that the certified contractor employs to carry out aspects of applicable bridge projects described in subsection (b)(2). 3. Availability of Federal grant funding for corrosion control work on rail bridges Section 22402(b)(1) of title 49, United States Code, is amended— (1) in subparagraph (E), by striking or (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) to perform corrosion control work on rail bridges; or . 4. Study on efficacy of weathering steel (a) Findings Congress finds that— (1) weathering steel is often used for bridge construction projects because of its ability to withstand weather conditions better than other forms of steel; (2) the recent collapse of the Fern Hollow Bridge in Pittsburgh, Pennsylvania, in January 2022 highlights the real threat that corrosion poses to the bridges of the United States; (3) more research is needed into the vulnerabilities of weathering steel; and (4) States and units of local government need more information on when and how to address the risk of corrosion to weathering steel. (b) Study Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall— (1) carry out a study on best practices for— (A) the frequency and method of inspecting corrosion on weathering steel bridges; and (B) addressing corrosion on weathering steel bridges; (2) submit to the Committee on Environment and Public Works of the Senate, 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 paragraph (1); and (3) make the report under paragraph (2) available to State departments of transportation, metropolitan planning organizations (as defined in section 134(b) of title 23, United States Code), regional transportation planning organizations (as defined in that section), and units of local government that own bridge assets. | Bridge Quality Preservation Act |
Right to Build Families Act of 2022 This bill prohibits states from prohibiting (or unreasonably limiting) access to, provision of, or insurance coverage for assisted reproductive technology (e.g., in vitro fertilization). The Department of Justice and individuals adversely affected by violations may bring a lawsuit to enforce this bill, and states are not immune from suits for violations. | 117 S5276 IS: Right to Build Families Act of 2022 U.S. Senate 2022-12-15 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. 5276 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Duckworth Mrs. Murray Mrs. Gillibrand Ms. Baldwin Committee on Health, Education, Labor, and Pensions A BILL To prohibit the limitation of access to assisted reproductive technology, and all medically necessary care surrounding such technology. 1. Short title This Act may be cited as the Right to Build Families Act of 2022 2. Definitions In this Act: (1) Assisted reproductive technology The term assisted reproductive technology 42 U.S.C. 263a–7(1) (2) Health care provider The term health care provider (A) is engaged or seeks to engage in the delivery of assisted reproductive technology, such as through the provision of evidence-based information, counseling, or items and services related to fertility treatment; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services— (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized but for the individual's or entity's past, present, or potential provision of assisted reproductive technology in accordance with section 3. (3) State The term State 3. Right to assisted reproductive technology (a) Prohibition No State, or official or employee of a State acting in the scope of such appointment or employment, may prohibit or unreasonably limit, for reasons other than to enforce regulations described in subsection (c)— (1) any individual from— (A) accessing assisted reproductive technology; (B) continuing or completing an ongoing assisted reproductive technology treatment or procedure pursuant to a written plan or agreement with a health care provider; or (C) retaining all rights regarding the use of reproductive genetic materials, including gametes; (2) any health care provider from— (A) performing assisted reproductive technology treatments or procedures; or (B) providing evidence-based information related to assisted reproductive technology; or (3) any insurance provider from covering assisted reproductive technology treatments or procedures. (b) Enforcement (1) The attorney general The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and set aside the limitation or requirement if it is in violation of subsection (a). (2) Private right of action Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State that violates this section or against any government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (3) Health care provider A health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of subsection (a). (4) Equitable relief In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (5) Costs In any action under this section, 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 section. (6) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings under this section 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. (7) Abrogation of state immunity Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. (8) Right to remove Any party shall have a right to remove an action brought under this subsection to the district court of the United States for the district and division embracing the place where such action is pending. An order remanding the case to the State court from which it was removed under this paragraph may be immediately reviewable by appeal or otherwise. (c) State regulation of medicine Nothing in this Act shall be construed to prohibit enforcement of health and safety regulations a State requires of medical facilities or providers, if such regulations— (1) advance the safety of health care services or the health of patients; and (2) cannot be advanced by a less restrictive alternative measure or action. (d) Insurance Nothing in this Act shall be construed to modify, supersede, or otherwise affect any Federal or State law regarding insurance coverage of assisted reproductive technologies and treatments. (e) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out this section. 4. Severability If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances shall not be affected thereby. | Right to Build Families Act of 2022 |
Fair Elections Now Act of 2022 This bill establishes the Freedom from Influence Fund, which shall provide funding to Senate candidates who meet specified conditions and agree to abide by certain requirements, such as limits on types of campaign funding sources. The bill also imposes a tax on certain U.S. government contracts. | 117 S5277 IS: Fair Elections Now Act of 2022 U.S. Senate 2022-12-15 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. 5277 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Durbin Mr. Markey Mr. Murphy Mr. Sanders Ms. Klobuchar Ms. Smith Mr. Schatz Ms. Warren Committee on Finance A BILL To reform the financing of Senate elections, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Fair Elections Now Act of 2022 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Small Donor Incentive Programs Sec. 101. Sense of the Senate regarding small donor incentive programs. TITLE II—Small Dollar Financing of Senate Election Campaigns Sec. 201. Eligibility requirements and benefits of fair elections financing of Senate election campaigns. Sec. 202. Prohibition on joint fundraising committees. Sec. 203. Exception to limitation on coordinated expenditures by political party committees with participating candidates. TITLE III—Responsibilities of the Federal Election Commission Sec. 301. Petition for certiorari. Sec. 302. Electronic filing of FEC reports. TITLE IV—Revenue Provisions Sec. 401. Freedom From Influence Fund revenue. TITLE V—Miscellaneous Provisions Sec. 501. Severability. Sec. 502. Effective date. I Small Donor Incentive Programs 101. Sense of the Senate regarding small donor incentive programs It is the sense of the Senate that Congress should take steps to allow more Americans to fully participate in our democracy through authorizing publicly financed small donor incentive programs, including small-dollar voucher programs that broaden and diversify the number of Americans who are able to have their voice heard in the marketplace of ideas. II Small Dollar Financing of Senate Election Campaigns 201. Eligibility requirements and benefits of fair elections financing of Senate election campaigns The Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. V Fair Elections Financing of Senate Election Campaigns A General provisions 501. Definitions In this title: (1) Allocation from the fund The term allocation from the Fund (2) Commission The term Commission (3) Enhanced matching contribution The term enhanced matching contribution (4) Enhanced support qualifying period The term enhanced support qualifying period (5) Fair elections qualifying period The term Fair Elections qualifying period (A) beginning on the date on which the candidate files a statement of intent under section 511(a)(1); and (B) ending on the date that is 30 days before— (i) the date of the primary election; or (ii) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (6) Fair elections start date The term Fair Elections start date (A) the date of the primary election; or (B) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (7) Fund The term Fund (8) Immediate family The term immediate family (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (9) Matching contribution The term matching contribution (10) Nonparticipating candidate The term nonparticipating candidate (11) Participating candidate The term participating candidate (12) Qualifying contribution The term qualifying contribution (A) is in an amount that is— (i) not less than $5; and (ii) not more than $200; (B) is made by an individual who is not otherwise prohibited from making a contribution under this Act; (C) is made during the Fair Elections qualifying period; and (D) meets the requirements of section 512(b). (13) Qualified small dollar contribution The term qualified small dollar contribution (A) which is not a qualifying contribution (or does not include a qualifying contribution); (B) which is made by an individual who is not prohibited from making a contribution under this Act; and (C) the aggregate amount of which does not exceed $200 per election. (14) Qualifying multicandidate political committee contribution (A) In general The term qualifying multicandidate political committee contribution (B) Qualified account For purposes of subparagraph (A), the term qualified account (i) All contributions to such account are made by individuals who are not prohibited from making contributions under this Act. (ii) The aggregate amount of contributions from each individual to such account and all other accounts of the political committee do not exceed the amount described in paragraph (13)(C). 502. Freedom from Influence Fund (a) Establishment There is established in the Treasury a fund to be known as the Freedom from Influence Fund (b) Amounts held by Fund The Fund shall consist of the following amounts: (1) Appropriated amounts (A) In general Amounts appropriated to the Fund. (B) Sense of the Senate regarding appropriations It is the sense of the Senate that— (i) there should be imposed on any payment made to any person (other than a State or local government or a foreign nation) who has a contract with the Government of the United States in excess of $10,000,000 a tax equal to 0.50 percent of amount paid pursuant to each contract, except that the aggregate tax on each contract for any taxable year shall not exceed $500,000; and (ii) the revenue from such tax should be appropriated to the Fund. (2) Voluntary contributions Voluntary contributions to the Fund. (3) Other deposits Amounts deposited into the Fund under— (A) section 513(c) (relating to exceptions to contribution requirements); (B) section 521(c) (relating to remittance of allocations from the Fund); (C) section 532 (relating to violations); and (D) any other section of this Act. (4) Investment returns Interest on, and the proceeds from, the sale or redemption of, any obligations held by the Fund under subsection (c). (c) Investment The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) (d) Use of Fund (1) In general The sums in the Fund shall be used to provide benefits to participating candidates as provided in subtitle C. (2) Insufficient amounts Under regulations established by the Commission, rules similar to the rules of section 9006(c) of the Internal Revenue Code shall apply. B Eligibility and certification 511. Eligibility (a) In general A candidate for Senator is eligible to receive an allocation from the Fund for any election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the Fair Elections start date and ending on the last day of the Fair Elections qualifying period. (2) The candidate meets the qualifying contribution requirements of section 512. (3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 513(d)(2). (4) Not later than the last day of the Fair Elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate’s principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 513; (B) if certified, will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (b) General election Notwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under State law. 512. Qualifying contribution requirement (a) In general A candidate for Senator meets the requirement of this section if, during the Fair Elections qualifying period, the candidate obtains— (1) a number of qualifying contributions equal to the sum of— (A) 2,000; plus (B) 500 for each congressional district in the State with respect to which the candidate is seeking election; and (2) a total dollar amount of qualifying contributions equal to 10 percent of the amount of the allocation such candidate would be entitled to receive for the primary election under section 522(c)(1) (determined without regard to paragraph (5) thereof) if such candidate were a participating candidate. (b) Requirements relating to receipt of qualifying contribution Each qualifying contribution— (1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; (2) shall be accompanied by a signed statement containing the contributor’s name and the contributor’s address in the State in which the contributor is registered to vote; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. (c) Verification of qualifying contributions The Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section. 513. Contribution and expenditure requirements (a) General rule A candidate for Senator meets the requirements of this section if, during the election cycle of the candidate, the candidate— (1) except as provided in subsection (b), accepts no contributions other than— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; (G) vouchers provided to the candidate under section 525; (H) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and (I) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000; and (2) makes no expenditures from any amounts other than from— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; (G) vouchers provided to the candidate under section 525; (H) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and (I) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. For purposes of this subsection, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (b) Contributions for leadership PACs, etc A political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection (a)(1) from any person if— (1) the aggregate contributions from such person for any calendar year do not exceed $200; and (2) no portion of such contributions is disbursed in connection with the campaign of the participating candidate. (c) Special rules for personal funds A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as— (1) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate’s certification as a participating candidate) does not exceed $50,000; and (2) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. (d) Requirements relating to subsequent contributions and notification requirements (1) Restriction on subsequent contributions (A) Prohibiting donor from making subsequent nonqualified contributions during election cycle An individual who makes a qualified small dollar contribution to a candidate with respect to an election may not make any subsequent contribution to such candidate with respect to the election cycle which is not a qualified small dollar contribution. (B) Treatment of subsequent nonqualified contributions If, notwithstanding the prohibition described in subparagraph (A), an individual who makes a qualified small dollar contribution to a candidate with respect to an election makes a subsequent contribution to such candidate with respect to the election which is prohibited under subparagraph (A) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: (i) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (13)(C) of section 501 (relating to the aggregate amount of qualified small dollar contributions that may be made by an individual to a candidate), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in such paragraph. (ii) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission for deposit in the Freedom from Influence Fund established by section 502 an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. (C) No effect on ability to make multiple contributions Nothing in this subsection may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets the definition of a qualified small dollar contribution under section 501(13). (2) Notification requirements for candidates (A) Notification Each authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: (i) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. (ii) A statement that a contribution which meets the definition of a qualified small dollar contribution under section 501(13) shall be treated as a qualified small dollar contribution under this title. (iii) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. (B) Alternative methods of meeting requirements An authorized committee may meet the requirements of subparagraph (A)— (i) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or (ii) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). (e) Exception Notwithstanding subsection (a), a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions, qualifying contributions, qualifying multicandidate political committee contributions, or contributions that meet the requirements of subsection (b) and that are accepted before the date the candidate files a statement of intent under section 511(a)(1) are— (1) returned to the contributor; or (2) submitted to the Commission for deposit in the Fund. 514. Certification (a) In general Not later than 5 days after a candidate for Senator files an affidavit under section 511(a)(4), the Commission shall— (1) certify whether or not the candidate is a participating candidate; and (2) notify the candidate of the Commission’s determination. (b) Revocation of certification (1) In general The Commission may revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification; or (B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Repayment of benefits If certification is revoked under paragraph (1), the candidate shall repay to the Fund an amount equal to the value of benefits received under this title plus interest (at a rate determined by the Commission) on any such amount received. C Benefits 521. Benefits for participating candidates (a) In general For each election with respect to which a candidate is certified as a participating candidate under section 514, such candidate shall be entitled to— (1) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522; (2) matching contributions, as provided in section 523; (3) enhanced matching contributions, as provided in section 524; and (4) for the general election, vouchers for broadcasts of political advertisements, as provided in section 525. (b) Restriction on uses of allocations from the fund Allocations from the Fund received by a participating candidate under section 522, matching contributions under section 523, and enhanced matching contributions under section 524 may only be used for campaign-related costs. (c) Remitting allocations from the fund (1) In general Not later than the date that is 180 days after an election in which the participating candidate appeared on the ballot, such participating candidate shall remit to the Commission for deposit in the Fund an amount equal to the lesser of— (A) the amount of money in the candidate’s campaign account; or (B) the sum of the allocations from the Fund received by the candidate under section 522, the matching contributions received by the candidate under section 523, and the enhanced matching contributions under section 524. (2) Exceptions (A) Subsequent election In the case of a candidate who qualifies to be on the ballot for a primary runoff election, a general election, or a general runoff election, the amounts described in paragraph (1) may be retained by the candidate and used in such subsequent election. (B) Candidate seeking certification for next election cycle Notwithstanding paragraph (1), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under paragraph (1) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination that the candidate does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. 522. Allocations from the fund (a) In general The Commission shall make allocations from the Fund under section 521(a)(1) to a participating candidate— (1) in the case of amounts provided under subsection (d)(1), after the date on which such candidate is certified as a participating candidate under section 514; (2) in the case of a general election after— (A) the date of the certification of the results of the primary election or the primary runoff election; or (B) in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; and (3) in the case of a primary runoff election or a general runoff election, after the certification of the results of the primary election or the general election, as the case may be. (b) Method of payment The Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card. (c) Timing of payment The Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after date of the applicable certification as described in subsection (a). (d) Amounts (1) Primary election allocation; initial allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a primary election to a participating candidate in an amount equal to 67 percent of the base amount with respect to such participating candidate. (2) Primary runoff election allocation The Commission shall make an allocation from the Fund for a primary runoff election to a participating candidate in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election. (3) General election allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a general election to a participating candidate in an amount equal to the base amount with respect to such candidate. (4) General runoff election allocation The Commission shall make an allocation from the Fund for a general runoff election to a participating candidate in an amount equal to 25 percent of the base amount with respect to such candidate. (5) Uncontested elections (A) In general In the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation which such candidate would be entitled to under this section for such election if this paragraph did not apply. (B) Uncontested election defined For purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a participating candidate would be entitled to receive under this section for such election if this paragraph did not apply. (e) Base amount (1) In general Except as otherwise provided in this subsection, the base amount for any candidate is an amount equal to the sum of— (A) $750,000; plus (B) $150,000 for each congressional district in the State with respect to which the candidate is seeking election. (2) Indexing In each even-numbered year after 2027— (A) each dollar amount under paragraph (1) shall be increased by the percent difference between the price index (as defined in section 315(c)(2)(A)) for the 12 months preceding the beginning of such calendar year and the price index for calendar year 2022; (B) each dollar amount so increased shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (C) if any amount after adjustment under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. 523. Matching payments for qualified small dollar contributions (a) In general The Commission shall pay to each participating candidate an amount equal to 600 percent of the amount of qualified small dollar contributions received by the candidate from individuals after the date on which such candidate is certified under section 514. (b) Limitation The aggregate payments under subsection (a) with respect to any candidate shall not exceed 400 percent of the allocation such candidate is entitled to receive for such election under section 522 (determined without regard to subsection (d)(5) thereof). (c) Time of payment The Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d). (d) Reports (1) In general Each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe. (2) Contents of reports Each report under this subsection shall disclose— (A) the amount of each qualified small dollar contribution received by the candidate; and (B) the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate. (3) Frequency of reports Reports under this subsection shall be made no more frequently than— (A) once every month until the date that is 90 days before the date of the election; and (B) once every week after the period described in subparagraph (A) and until the date of the election. (4) Limitation on regulations The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. (e) Appeals The Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide the opportunity for review and reconsideration within 5 business days of such denial. 524. Enhanced matching support (a) In general In addition to the payments made under section 523, the Commission shall make an additional payment to an eligible candidate under this section. (b) Eligibility A candidate is eligible to receive an additional payment under this section if the candidate meets each of the following requirements: (1) The candidate is on the ballot for the general election for the office the candidate seeks. (2) The candidate is certified as a participating candidate under this title with respect to the election. (3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than the sum of $15,000 for each congressional district in the State with respect to which the candidate is seeking election. (4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes— (A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; (B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and (C) such other information and assurances as the Commission may require. (5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this title. (c) Amount (1) In general Subject to paragraph (2), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of— (A) the amount of the payment made to the candidate under section 523 with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under (b)(4)(A)); or (B) in the case of a candidate who is not eligible to receive a payment under section 523 with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under section 523, the amount of the payment which would have been made to the candidate under section 523 with respect to such qualified small dollar contributions if the candidate had not reached such limit. (2) Limit The amount of the additional payment determined under paragraph (1) with respect to a candidate may not exceed the sum of $150,000 for each congressional district in the State with respect to which the candidate is seeking election. (3) No effect on aggregate limit The amount of the additional payment made to a candidate under this section shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 523. 525. Political advertising vouchers (a) In general The Commission shall establish and administer a voucher program for the purchase of airtime on broadcasting stations for political advertisements in accordance with the provisions of this section. (b) Candidates The Commission shall only disburse vouchers under the program established under subsection (a) to participants certified pursuant to section 514 who have agreed in writing to keep and furnish to the Commission such records, books, and other information as it may require. (c) Amounts The Commission shall disburse vouchers to each candidate certified under subsection (b) in an aggregate amount equal to $100,000 multiplied by the number of congressional districts in the State with respect to which such candidate is running for office. (d) Use (1) Exclusive use Vouchers disbursed by the Commission under this section may be used only for the purchase of broadcast airtime for political advertisements relating to a general election for the office of Senate by the participating candidate to which the vouchers were disbursed, except that— (A) a candidate may exchange vouchers with a political party under paragraph (2); and (B) a political party may use vouchers only to purchase broadcast airtime for political advertisements for generic party advertising (as defined by the Commission in regulations), to support candidates for State or local office in a general election, or to support participating candidates of the party in a general election for Federal office, but only if it discloses the value of the voucher used as an expenditure under section 315(d). (2) Exchange with political party committee (A) In general A participating candidate who receives a voucher under this section may transfer the right to use all or a portion of the value of the voucher to a committee of the political party of which the individual is a candidate (or, in the case of a participating candidate who is not a member of any political party, to a committee of the political party of that candidate’s choice) in exchange for money in an amount equal to the cash value of the voucher or portion exchanged. (B) Continuation of candidate obligations The transfer of a voucher, in whole or in part, to a political party committee under this paragraph does not release the candidate from any obligation under the agreement made under subsection (b) or otherwise modify that agreement or its application to that candidate. (C) Party committee obligations Any political party committee to which a voucher or portion thereof is transferred under subparagraph (A)— (i) shall account fully, in accordance with such requirements as the Commission may establish, for the receipt of the voucher; and (ii) may not use the transferred voucher or portion thereof for any purpose other than a purpose described in paragraph (1)(B). (D) Voucher as a contribution under FECA If a candidate transfers a voucher or any portion thereof to a political party committee under subparagraph (A)— (i) the value of the voucher or portion thereof transferred shall be treated as a contribution from the candidate to the committee, and from the committee to the candidate, for purposes of sections 302 and 304; (ii) the committee may, in exchange, provide to the candidate only funds subject to the prohibitions, limitations, and reporting requirements of title III of this Act; and (iii) the amount, if identified as a voucher exchange (e) Value; acceptance; redemption (1) Voucher Each voucher disbursed by the Commission under this section shall have a value in dollars, redeemable upon presentation to the Commission, together with such documentation and other information as the Commission may require, for the purchase of broadcast airtime for political advertisements in accordance with this section. (2) Acceptance A broadcasting station shall accept vouchers in payment for the purchase of broadcast airtime for political advertisements in accordance with this section. (3) Redemption The Commission shall redeem vouchers accepted by broadcasting stations under paragraph (2) upon presentation, subject to such documentation, verification, accounting, and application requirements as the Commission may impose to ensure the accuracy and integrity of the voucher redemption system. (4) Expiration (A) Candidates A voucher may only be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on the day before the date of the Federal election in connection with which it was issued and shall be null and void for any other use or purpose. (B) Exception for political party committees A voucher held by a political party committee may be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on December 31st of the odd-numbered year following the year in which the voucher was issued by the Commission. (5) Voucher as expenditure under feca The use of a voucher to purchase broadcast airtime constitutes an expenditure as defined in section 301(9)(A). (f) Definitions In this section: (1) Broadcasting station The term broadcasting station (2) Political party The term political party D Administrative provisions 531. Duties of the Federal Election Commission (a) Duties and powers (1) Administration The Commission shall have the power to administer the provisions of this title and shall prescribe regulations to carry out the purposes of this title, including regulations— (A) to establish procedures for— (i) verifying the amount of valid qualifying contributions with respect to a candidate; (ii) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (iii) monitoring the raising of qualifying multicandidate political committee contributions through effectively and efficiently monitoring and enforcing the limits on individual contributions to qualified accounts of multicandidate political committees; (iv) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; (v) monitoring the use of allocations from the Fund and matching contributions under this title through audits or other mechanisms; and (vi) the administration of the voucher program under section 525; and (B) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. (2) Review of Fair Elections financing (A) In general After each general election for Federal office, the Commission shall conduct a comprehensive review of the Fair Elections financing program under this title, including— (i) the maximum dollar amount of qualified small dollar contributions under section 501(13); (ii) the maximum and minimum dollar amounts for qualifying contributions under section 501(12); (iii) the number and value of qualifying contributions a candidate is required to obtain under section 512 to qualify for allocations from the Fund; (iv) the amount of allocations from the Fund that candidates may receive under section 522; (v) the maximum amount of matching contributions a candidate may receive under section 523; (vi) the maximum amount of enhanced matching contributions a candidate may receive under section 524; (vii) the amount and usage of vouchers under section 525; (viii) the overall satisfaction of participating candidates and the American public with the program; and (ix) such other matters relating to financing of Senate campaigns as the Commission determines are appropriate. (B) Criteria for review In conducting the review under subparagraph (A), the Commission shall consider the following: (i) Qualifying contributions and qualified small dollar contributions The Commission shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Commission determines is appropriate. (ii) Review of program benefits The Commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations from the Fund under section 522, matching contributions under section 523, enhanced matching contributions under section 524, and vouchers under section 525 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Commission determines is appropriate. (C) Recommendations for adjustment of amounts Based on the review conducted under subparagraph (A), the Commission shall make recommendations to Congress for any adjustment of the following amounts: (i) The maximum dollar amount of qualified small dollar contributions under section 501(13)(C). (ii) The maximum and minimum dollar amounts for qualifying contributions under section 501(12)(A). (iii) The number and value of qualifying contributions a candidate is required to obtain under section 512(a)(1). (iv) The base amount for candidates under section 522(d). (v) The maximum amount of matching contributions a candidate may receive under section 523(b). (vi) The maximum amount of enhanced matching contributions a candidate may receive under section 524(c). (vii) The dollar amount for vouchers under section 525(c). (D) Report Not later than March 30 following any general election for Federal office, the Commission shall submit a report to Congress on the review conducted under subparagraph (A) and any recommendations developed under subparagraph (C). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission based on such review. (b) Reports Not later than March 30, 2026, and every 2 years thereafter, the Commission shall submit to the Senate Committee on Rules and Administration a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. 532. Violations and penalties (a) Civil penalty for violation of contribution and expenditure requirements If a candidate who has been certified as a participating candidate under section 514 accepts a contribution or makes an expenditure that is prohibited under section 513, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fund. (b) Repayment for improper use of freedom from influence fund (1) In general If the Commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— (A) the amount of benefits so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. . 202. Prohibition on joint fundraising committees Section 302(e) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(e) (6) No authorized committee of a participating candidate (as defined in section 501) may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate. . 203. Exception to limitation on coordinated expenditures by political party committees with participating candidates Section 315(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d) (1) in paragraph (3)(A), by striking in the case of except as provided in paragraph (6), in the case of (2) by adding at the end the following new paragraph: (6) (A) The limitation under paragraph (3)(A) shall not apply with respect to any expenditure from a qualified political party-participating candidate coordinated expenditure fund. (B) In this paragraph, the term qualified political party-participating candidate coordinated expenditure fund (C) In this paragraph, the term qualified coordinated expenditure contribution (i) which is made by an individual who is not prohibited from making a contribution under this Act; and (ii) the aggregate amount of which does not exceed $500 per election. . III Responsibilities of the Federal Election Commission 301. Petition for certiorari Section 307(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107(a)(6) (including a proceeding before the Supreme Court on certiorari) appeal 302. Electronic filing of FEC reports Section 304(a)(11) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(a)(11) (1) in subparagraph (A), by striking under this Act— under this Act shall be required to maintain and file such designation, statement, or report in electronic form accessible by computers. (2) in subparagraph (B), by striking 48 hours filed electronically) 24 hours (3) by striking subparagraph (D). IV Revenue Provisions 401. Freedom From Influence Fund revenue (a) In general The Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: 37 Tax on Payments Pursuant to Certain Government Contracts Sec. 4501. Imposition of tax. 4501. Imposition of tax (a) Tax imposed There is hereby imposed on any payment made to a qualified person pursuant to a contract with the Government of the United States a tax equal to 0.50 percent of the amount paid. (b) Limitation The aggregate amount of tax imposed per contract under subsection (a) for any calendar year shall not exceed $500,000. (c) Qualified person For purposes of this section, the term qualified person (1) is not a State or local government, a foreign nation, or an organization described in section 501(c)(3) which is exempt from taxation under section 501(a), and (2) has a contract with the Government of the United States with a value in excess of $10,000,000. (d) Payment of tax The tax imposed by this section shall be paid by the person receiving such payment. (e) Use of revenue generated by tax It is the sense of the Senate that amounts equivalent to the revenue generated by the tax imposed under this chapter should be appropriated for the financing of a Freedom From Influence Fund and used for the public financing of Senate elections. . (b) Conforming amendment The table of chapters of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following: Chapter 37—Tax on Payments Pursuant to Certain Government Contracts . (c) Effective date The amendments made by this section shall apply to contracts entered into after the date of the enactment of this Act. V Miscellaneous Provisions 501. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. 502. Effective date (a) In general Except as may otherwise be provided in this Act and in the amendments made by this Act, this Act and the amendments made by this Act shall apply with respect to elections occurring during 2028 or any succeeding year, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this Act and the amendments made by this Act by the deadline set forth in subsection (b). (b) Deadline for regulations Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this Act and the amendments made by this Act. | Fair Elections Now Act of 2022 |
Tech Safety for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Act This bill establishes a pilot program for the Office on Violence Against Women to award grants to reduce domestic violence that occurs using any form of technology. | 117 S5279 IS: Tech Safety for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Act U.S. Senate 2022-12-15 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. 5279 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Wyden Committee on the Judiciary A BILL To establish a pilot program to address technology-related abuse in domestic violence cases. 1. Short title This Act may be cited as the Tech Safety for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Act 2. Findings Congress finds the following: (1) In the United States, 27 percent of women and 11 percent of men experience some form of physical violence or stalking by an intimate partner. (2) Many victims of intimate partner violence also experience nonphysical forms of abuse. (3) With the proliferation of digital technology, technological abuse has become increasingly prevalent and pervasive among victims of intimate partner violence. (4) According to a 2021 study by the National Network to End Domestic Violence, 97 percent of the programs providing support to victims of intimate partner violence have indicated that abusers are making use of technology to stalk, harass, or control victims. (5) In the United States, 1 in 3 women under the age of 35 report being sexually harassed online, and over half of LGBTQ+ individuals report being the target of online abuse based on their sexual orientation or gender. (6) Of victims who are stalked using technology— (A) 67 percent received unwanted phone calls, voice messages, or text messages; (B) 50 percent received unwanted emails or messages via the internet; (C) about 35 percent said their activities were monitored using social media; (D) 27 percent experienced the offender posting or threatening to post inappropriate, unwanted, or personal information about them on the internet; and (E) 19 percent said the offender spied on them or monitored their activities using technologies such as listening devices, cameras, or computer or cellphone monitoring software. (7) Technological abuse runs the gamut of technical sophistication, from the most basic social media platforms and phone-based apps to specialty stalkerware apps, demonstrating that technological abuse does not require huge financial resources or complex knowledge of technology. (8) Rapid advances in the technology and methods for technological abuse present challenges for advocates seeking to advise victims and prevent technological abuse. (9) The integration of trained technology experts into survivor support networks has been successful in preventing and shielding survivors from technological abuse. 3. Definitions In this Act: (1) Director The term Director (2) Eligible consortium The term eligible consortium (A) between— (i) (I) 1 or more institutions of higher education that offers a masters, doctoral, or vocational program in information technology, cybersecurity, computer science, or other similar technological discipline; or (II) 1 or more private or public sector partners in the community with a technical workforce and a plan for recruiting technologists or volunteers to work alongside a victim service provider (as defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) (ii) 1 or more public or private domestic violence or sexual violence centers; and (B) which has a letter of support from the local, State, Tribal, or territorial government with jurisdiction over the area in which the activities to combat technological abuse will be implemented. (3) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (4) Pilot program The term pilot program (5) Technological abuse The term technological abuse 34 U.S.C. 12291(a)(40) 4. Pilot program to combat technological abuse (a) Pilot program authorized (1) In general The Director, in accordance with paragraph (2), shall establish a pilot program under which the Director may award grants to eligible consortia to combat technological abuse. (2) Consultation In preparing to establish the pilot program— (A) the Director shall consult with— (i) the Secretary of Health and Human Services; (ii) the Secretary of Education; and (iii) the Chairman of the Federal Communications Commission; and (B) the Director and the officers described in subparagraph (A) shall consult with relevant stakeholders, including— (i) groups that work on reducing technological abuse; and (ii) population specific and culturally specific victim service providers. (3) Application An eligible consortium desiring a grant under this section shall submit to the Director an application at such time, in such manner, and containing or accompanied by such information, as the Director may reasonably require. (4) Grant limits (A) Award amount A grant awarded under the pilot program shall be in an amount that is not more than $2,000,000. (B) Number of recipients Not more than 15 grants may be awarded under the pilot program. (5) Duration of pilot program The pilot program shall terminate on the date that is 5 years after the date of the first award under the pilot program. (b) Use of grant funds A recipient of a grant under this section may use the amounts received under the grant to combat technological abuse, including for— (1) the purchase of new technological devices for victims and survivors of technological abuse; and (2) any other use, including the provision of victim services, that will reduce technological abuse or assist victims and survivors of technological abuse. (c) Pilot program review (1) During pilot program Not later than 3 years after the date of the first award under the pilot program, the Director shall submit to each committee of Congress with jurisdiction of the activities carried out under the pilot program a report— (A) reviewing the efficacy of the pilot program; (B) indicating challenges to implementation and possible solutions; and (C) including a recommendation relating to whether the pilot program should be turned into a permanent program. (2) After pilot program termination Not later than 1 year after the date on which the pilot program terminates under subsection (a)(5), the Director shall submit to each committee of Congress with jurisdiction of the activities carried out under the pilot program a report reviewing the efficacy of the pilot program, including best practices and improvements needed to combat technological abuse. (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 5. Grant program to provide education on technological abuse (a) Grant program authorized The Director in consultation with the Secretary of Education and the Secretary of Health and Human Services shall establish a program under which the Director may award grants to nonprofit organizations and institutions of higher education to develop and implement training and educational programs and technical assistance for organizations and individuals who provide support for victims of technological abuse. (b) Multiple grants A recipient of a grant under section 4 is not barred from receiving a grant under this section. (c) Use of grant funds A nonprofit organization or institution of higher education shall use the amounts received under a grant under this section to develop tools, curricula, and other materials. (d) Grant program limits (1) Maximum amount The Director may award a total of not more than $20,000,000 in grants under this section. (2) Period of grants The Director shall award grants under this section for a period of 5 years. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. | Tech Safety for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Act |
CFPB Stability Act of 2022 This bill restructures the leadership and funding of the Consumer Financial Protection Bureau. Specifically, the bill removes the bureau from the Federal Reserve System. Additionally, the bill eliminates the positions of director and deputy director and establishes a five-person panel appointed by the President and confirmed by the Senate, with not more than three members belonging to any one political party. Under the bill, the inspector general of the bureau must be appointed by the President and confirmed by the Senate. Under current law, the inspector general of the Federal Reserve Board also serves as the inspector general of the bureau. Further, the source of funding for the bureau is changed from Federal Reserve System transfers to annual appropriations. Under current law, the transfers from the Federal Reserve System permit the bureau to be funded outside of the annual appropriations process. | 117 S5280 IS: CFPB Stability Act of 2022 U.S. Senate 2022-12-15 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. 5280 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Toomey Mr. Hagerty Committee on Banking, Housing, and Urban Affairs A BILL To amend the Consumer Financial Protection Act of 2010 to subject the Bureau of Consumer Financial Protection to the regular appropriations process, and for other purposes. 1. Short title This Act may be cited as the CFPB Stability Act of 2022 2. Making the Bureau a commission (a) In general The Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. (1) in section 1011— (A) in subsection (a), by striking in the Federal Reserve System, (B) by striking subsections (b), (c), and (d); (C) by redesignating subsection (e) as subsection (j); (D) in subsection (j), as so redesignated, by striking , including in cities in which the Federal reserve banks, or branches of such banks, are located, (E) by inserting after subsection (a) the following: (b) Authority To prescribe regulations The Bureau may prescribe such regulations and issue such orders in accordance with this title as the Bureau may determine to be necessary for carrying out this title and all other laws within the Bureau’s jurisdiction and shall exercise any authorities granted under this title and all other laws within the Bureau’s jurisdiction. (c) Composition of the Bureau (1) In general The Bureau shall be composed of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Staggering The members of the Bureau shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 3, 4, and 5 years, respectively. (3) Terms (A) In general Each member of the Bureau, including the Chair, shall serve for a term of 5 years. (B) Removal The President may remove any member of the Bureau for inefficiency, neglect of duty, or malfeasance in office. (C) Vacancies Any member of the Bureau appointed to fill a vacancy occurring before the expiration of the term to which that member’s predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. (D) Continuation of service Each member of the Bureau may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member’s term would otherwise expire. (E) Other employment prohibited No member of the Bureau shall engage in any other business, vocation, or employment. (d) Affiliation Not more than 3 members of the Bureau shall be members of any one political party. (e) Chair of the Bureau (1) Initial Chair The first member and Chair of the Bureau shall be the individual serving as Chair of the Bureau of Consumer Financial Protection on the day before the date of the enactment of this subsection. (2) Subsequent Chair Of the 5 members appointed in accordance with subsection (c), the President shall appoint 1 member to serve as the subsequent Chair of the Bureau. (3) Authority The Chair shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to— (A) the appointment and supervision of personnel employed under the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Bureau other than the Chair); (B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Bureau; and (C) the use and expenditure of funds. (4) Limitation In carrying out any of the Chair’s functions under the provisions of this subsection the Chair shall be governed by general policies of the Bureau and by such regulatory decisions, findings, and determinations as the Bureau may by law be authorized to make. (5) Requests or estimates related to appropriations Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Bureau may not be submitted by the Chair without the prior approval of the Bureau. (6) Term The term of each Chair serving under this subsection shall expire on the earlier of— (A) the date that is 5 years after the date on which the Chair began serving; and (B) the date on which the individual who was President while the Chair was serving leaves office. (f) Initial quorum established The first member and Chair of the Bureau described under subsection (e)(1) shall constitute a quorum for the transaction of business until the President has appointed all 5 members of the Bureau in accordance with subsection (c). Following such appointment of 5 members, the quorum requirements of subsection (g) shall apply. (g) No impairment by reason of vacancies No vacancy in the members of the Bureau after the establishment of an initial quorum under subsection (f) shall impair the right of the remaining members of the Bureau to exercise all the powers of the Bureau. Three members of the Bureau shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Bureau because of vacancies in the Bureau, 2 members of the Bureau shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Bureau because of vacancies in the Bureau, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Bureau members to decline to 2. (h) Seal The Bureau shall have an official seal. (i) Compensation (1) Chair The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. (2) Other members of the Bureau The 4 other members of the Bureau shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code. ; (2) in section 1012(c), by striking paragraphs (2), (3), (4), and (5); (3) in section 1013(a), by striking paragraph (2) and inserting the following: (2) Compensation Notwithstanding any otherwise applicable provision of title 5, United States Code, concerning compensation, including the provisions of chapter 51 and chapter 53, the rates of basic pay for all employees of the Bureau may be set and adjusted by the Chair. ; and (4) in section 1014(b), by striking Not fewer than 6 members shall be appointed upon the recommendation of the regional Federal Reserve Bank Presidents, on a rotating basis. (b) Presidential appointment of Inspector General of the Financial Product Safety Bureau The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G— (A) in subsection (a)(2), by striking and the Bureau of Consumer Financial Protection (B) in subsection (c), by striking For the purposes of implementing this section (C) in subsection (g)(3), by striking and the Bureau of Consumer Financial Protection (2) in section 12— (A) in paragraph (1), by inserting the Chair of the Bureau of Consumer Financial Protection; the President of the Export-Import Bank; (B) in paragraph (2), by inserting the Bureau of Consumer Financial Protection, the Export-Import Bank, 3. Subjecting the Bureau of Consumer Financial Protection to the regular appropriations process (a) In general Section 1017 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5497 (1) in subsection (a)— (A) in the subsection heading, by striking “ Transfer of Funds From Board Of Governors.— Budget and Financial Management.— (B) by striking paragraphs (1) through (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (D) in paragraph (1), as so redesignated— (i) in the paragraph heading, by striking Budget and financial management.— In general.— (ii) by striking subparagraph (E); and (iii) by redesignating subparagraph (F) as subparagraph (E); (2) by striking subsections (b) and (c); (3) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; (4) in subsection (b), as so redesignated— (A) in paragraph (2)— (i) in the first sentence, by inserting direct victims (ii) by striking the second sentence; and (B) by adding at the end the following: (3) Treatment of excess amounts If, after the Bureau obtains a civil penalty in a judicial or administrative action under Federal consumer financial laws, deposits that civil penalty into the Civil Penalty Fund under paragraph (1), and, under paragraph (2), makes payments to all of the direct victims of activities for which that civil penalty was imposed, amounts remain in the Civil Penalty Fund with respect to that civil penalty, the Bureau shall transfer those excess amounts to the general fund of the Treasury. ; and (5) in subsection (c), as so redesignated— (A) by striking paragraphs (1) through (3) and inserting the following: (1) Authorization of appropriations There is authorized to be appropriated such funds as may be necessary to carry out this title for fiscal year 2024. ; and (B) by redesignating paragraph (4) as paragraph (2). (b) Effective date The amendments made by this section shall take effect on October 1, 2023. 4. Conforming amendments (a) Consumer Financial Protection Act of 2010 (1) In general Except as provided under paragraph (2), the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. (A) by striking Director of the Bureau Chair of the Bureau (B) by striking Director Chair (C) in section 1002, by striking paragraph (10). (2) Exceptions The Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. (A) in section 1013(c)(3)— (i) in the matter preceding subparagraph (A), by striking Assistant Director of the Bureau for Head of the Office of (ii) in subparagraph (B), by striking Assistant Director Head of the Office (B) in section 1013(g)(2)— (i) by striking Assistant director Head of the Office (ii) by striking an assistant director a Head of the Office of Financial Protection for Older Americans (b) Dodd-Frank Wall Street Reform and Consumer Protection Act The Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. (1) in section 111(b)(1)(D), by striking Director Chair (2) in section 1447, by striking Director Chair (c) Electronic Fund Transfer Act Section 920(a)(4)(C) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–2(a)(4)(C) Director of the Bureau of Consumer Financial Protection Chair of the Bureau of Consumer Financial Protection (d) Expedited Funds Availability Act The Expedited Funds Availability Act ( 12 U.S.C. 4001 et seq. Director of the Bureau Chair of the Bureau (e) Federal Deposit Insurance Act Section 2 of the Federal Deposit Insurance Act ( 12 U.S.C. 1812 Director of the Consumer Financial Protection Bureau Chair of the Consumer Financial Protection Bureau (f) Federal Financial Institutions Examination Council Act of 1978 Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3303(a)(4) Director of the Consumer Financial Protection Bureau Chair of the Consumer Financial Protection Bureau (g) Financial Literacy and Education Improvement Act Section 513 of the Financial Literacy and Education Improvement Act ( 20 U.S.C. 9702 Director Chair (h) Home Mortgage Disclosure Act of 1975 Section 307 of the Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2806 Director of the Bureau of Consumer Financial Protection Chair of the Bureau of Consumer Financial Protection (i) Interstate Land Sales Full Disclosure Act The Interstate Land Sales Full Disclosure Act ( 15 U.S.C. 1701 et seq. (1) in section 1402 ( 15 U.S.C. 1701 (1) Chair ; and (2) by striking Director Chair (j) Real Estate Settlement Procedures Act of 1974 Section 5 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2604 (1) by striking The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the Director The Chair of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the Chair (2) by striking Director Chair (k) S.A.F.E. Mortgage Licensing Act of 2008 The S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5101 et seq. (1) by striking Director Chair (2) in section 1503 ( 12 U.S.C. 5102 (10) Chair The term Chair . (l) Title 44, United States Code Section 3513(c) of title 44, United States Code is amended by striking Director of the Bureau of Consumer Financial Protection Chair of the Bureau of Consumer Financial Protection | CFPB Stability Act of 2022 |
Affordable and Secure Food Act of 2022 This bill contains provisions related to alien farmworkers. For example, the bill (1) establishes a certified agricultural worker status; (2) changes the H-2A temporary worker program, including by establishing an electronic platform for handling H-2A petitions; (3) establishes an electronic system patterned on the E-Verify Program for employers to verify an individual's identity and employment authorization; and (4) requires agricultural employers to use the electronic verification system. | 117 S5282 IS: Affordable and Secure Food Act of 2022 U.S. Senate 2022-12-15 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. 5282 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Bennet Committee on Finance A BILL To amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing agricultural labor or services, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Affordable and Secure Food Act of 2022 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Securing the Domestic Agricultural Workforce Subtitle A—Temporary status for certified agricultural workers Sec. 101. Certified agricultural worker status. Sec. 102. Terms and conditions of certified status. Sec. 103. Extensions of certified status. Sec. 104. Determination of continuous presence. Sec. 105. Employer obligations. Sec. 106. Administrative and judicial review. Subtitle B—Optional earned residence for long-Term workers Sec. 111. Optional adjustment of status for long-term agricultural workers. Sec. 112. Payment of taxes. Sec. 113. Adjudication and decision; review. Subtitle C—General Provisions Sec. 121. Definitions. Sec. 122. Rulemaking; fees. Sec. 123. Background checks. Sec. 124. Protection for children. Sec. 125. Limitation on removal. Sec. 126. Documentation of agricultural work history. Sec. 127. Employer protections. Sec. 128. Correction of social security records; conforming amendments. Sec. 129. Disclosures and privacy. Sec. 130. Penalties for false statements in applications. Sec. 131. Dissemination of information. Sec. 132. Exemption from numerical limitations. Sec. 133. Reports to Congress. Sec. 134. Grant program to assist eligible applicants. Sec. 135. Authorization of appropriations. TITLE II—Ensuring an Agricultural Workforce for the Future Subtitle A—Reforming the H–2A Temporary Worker Program Sec. 201. Comprehensive and streamlined electronic H–2A platform. Sec. 202. H–2A program requirements. Sec. 203. Agency roles and responsibilities. Sec. 204. Worker protection and compliance. Sec. 205. Report on wage protections. Sec. 206. Portable H–2A visa pilot program. Sec. 207. Improving access to permanent residence. Subtitle B—Preservation and construction of farm worker housing Sec. 220. Short title. Sec. 221. New farm worker housing. Sec. 222. Loan and grant limitations. Sec. 223. Operating assistance subsidies. Sec. 224. Rental assistance contract authority. Sec. 225. Eligibility for rural housing vouchers. Sec. 226. Permanent establishment of housing preservation and revitalization program. Sec. 227. Amount of voucher assistance. Sec. 228. Funding for multifamily technical improvements. Sec. 229. Plan for preserving affordability of rental projects. Sec. 230. Covered housing programs. Sec. 231. Eligibility of certified workers. Subtitle C—Foreign Labor Recruiter Accountability Sec. 251. Definitions. Sec. 252. Registration of foreign labor recruiters. Sec. 253. Enforcement. Sec. 254. Authorization of appropriations. TITLE III—Electronic Verification of Employment Eligibility Sec. 301. Electronic employment eligibility verification system. Sec. 302. Mandatory electronic verification for the agricultural industry. Sec. 303. Coordination with E-Verify Program. Sec. 304. Fraud and misuse of documents. Sec. 305. Technical and conforming amendments. Sec. 306. Protection of Social Security Administration programs. Sec. 307. Report on the implementation of the electronic employment verification system. Sec. 308. Modernizing and streamlining the employment eligibility verification process. Sec. 309. Rulemaking; Paperwork Reduction Act. I Securing the Domestic Agricultural Workforce A Temporary status for certified agricultural workers 101. Certified agricultural worker status (a) Requirements for certified agricultural worker status (1) Principal aliens The Secretary may grant certified agricultural worker status to an alien who submits a completed application, including the required processing fees, before the end of the period set forth in subsection (c) and who— (A) performed agricultural labor or services in the United States for at least 1,035 hours (or 180 work days) during the 2-year period preceding the date of the introduction of this Act; (B) on the date of the introduction of this Act— (i) is inadmissible or deportable from the United States; or (ii) is under a grant of deferred enforced departure, has been paroled into the United States, or has temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a (C) subject to section 104, has been continuously present in the United States since the date of the introduction of this Act and until the date on which the alien is granted certified agricultural worker status; and (D) is not otherwise ineligible for certified agricultural worker status as provided in subsection (b). (2) Dependent spouse and children The Secretary may grant certified agricultural dependent status to the spouse or child of an alien granted certified agricultural worker status under paragraph (1) if the spouse or child is not ineligible for certified agricultural dependent status as provided in subsection (b). (b) Grounds for ineligibility (1) Grounds of inadmissibility Except as provided in paragraph (3), an alien is ineligible for certified agricultural worker or certified agricultural dependent status if the Secretary determines that the alien is inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (A) paragraphs (4), (5), (7), and (9)(B) of such section shall not apply; (B) subparagraphs (A), (C), (D), (F), and (G) of such section 212(a)(6) and paragraphs (9)(C) and (10)(B) of such section 212(a) shall not apply unless based on the act of unlawfully entering the United States after the date of introduction of this Act; and (C) paragraphs (6)(B) and (9)(A) of such section 212(a) shall not apply unless the relevant conduct began on or after the date of filing of the application for certified agricultural worker status. (2) Additional criminal bars Except as provided in paragraph (3), an alien is ineligible for certified agricultural worker status or certified agricultural dependent status if the Secretary determines that (other than any offense under State law for which an essential element is the alien’s immigration status, simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, any offense involving civil disobedience without violence, and any minor traffic offense) the alien has been convicted of— (A) any felony offense; (B) an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) (C) 2 misdemeanor offenses involving moral turpitude (as described in section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(A)(i)(I) (D) 3 or more misdemeanor offenses not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. (3) Waivers for certain grounds of inadmissibility For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may waive the grounds of inadmissibility under— (A) paragraph (1), (6)(E), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (B) subparagraphs (A) and (D) of section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) (c) Application (1) Application period Except as provided in paragraph (2), the Secretary shall accept initial applications for certified agricultural worker status during the 18-month period beginning on the date on which the interim final rule is published in the Federal Register pursuant to section 122(a). (2) Extension If the Secretary determines, during the initial period described in paragraph (1), that additional time is required to process initial applications for certified agricultural worker status or for other good cause, the Secretary may extend the period for accepting applications for up to an additional 12 months. (3) Submission of applications (A) In general An alien may file an application with the Secretary under this section with the assistance of an attorney or a nonprofit religious, charitable, social service, or similar organization recognized by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations. The Secretary shall also create a procedure for accepting applications filed by qualified designated entities with the consent of the applicant. (B) Farm service agency offices The Secretary, in consultation with the Secretary of Agriculture, shall establish a process for the filing of applications under this section at Farm Service Agency offices throughout the United States. (4) Evidence of application filing As soon as practicable after receiving an application for certified agricultural worker status, the Secretary shall provide the applicant with a document acknowledging the receipt of such application. Such document shall serve as interim proof of the alien’s authorization to accept employment in the United States and shall be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(C) (5) Effect of pending application During the period beginning on the date on which an alien applies for certified agricultural worker status under this subtitle, and ending on the date on which the Secretary makes a final administrative decision regarding such application, the alien and any dependents included in the application— (A) may apply for advance parole, which shall be granted upon demonstrating a legitimate need to travel outside the United States for a temporary purpose; (B) may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for certified agricultural worker status; (C) may not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) (D) may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) (6) Withdrawal of application The Secretary shall, upon receipt of a request from the applicant to withdraw an application for certified agricultural worker status under this subtitle, cease processing of the application, and close the case. Withdrawal of the application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act or under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (7) Processing fee A principal alien, his or her spouse, or his or her child who submits an application for certified agricultural worker states under this subtitle shall pay a $250 processing fee, which shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) (d) Adjudication and decision (1) In general Subject to section 123, the Secretary shall render a decision on an application for certified agricultural worker status not later than 180 days after the date the application is filed. (2) Notice Before denying an application for certified agricultural worker status, the Secretary shall provide the alien with— (A) written notice that describes the basis for ineligibility or the deficiencies in the evidence submitted; and (B) at least 90 days to contest ineligibility or submit additional evidence. (3) Amended application An alien whose application for certified agricultural worker status is denied under this section may submit an amended application for such status to the Secretary if the amended application is submitted within the application period described in subsection (c) and contains all the required information and fees that were missing from the initial application. (e) Alternative H–2A status An alien who has not met the required period of agricultural labor or services under subsection (a)(1)(A), but is otherwise eligible for certified agricultural worker status under such subsection, shall be eligible for classification as a nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) 102. Terms and conditions of certified status (a) In general (1) Approval Upon approval of an application for certified agricultural worker status, or an extension of such status pursuant to section 103, the Secretary shall issue— (A) documentary evidence of such status to the applicant; and (B) documentary evidence of certified agricultural dependent status to any qualified dependent included on such application. (2) Documentary evidence In addition to any other features and information as the Secretary may prescribe, the documentary evidence described in paragraph (1)— (A) shall be machine-readable and tamper-resistant; (B) shall contain a digitized photograph; (C) shall serve as a valid travel and entry document for purposes of applying for admission to the United States; and (D) shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(B) (3) Validity period Certified agricultural worker and certified agricultural dependent status shall be valid for 5 1/2 (4) Travel authorization An alien with certified agricultural worker or certified agricultural dependent status may— (A) travel within and outside of the United States, including commuting to the United States from a residence in a foreign country; and (B) be admitted to the United States upon return from travel abroad without first obtaining a visa if the alien is in possession of— (i) valid, unexpired documentary evidence of certified agricultural worker or certified agricultural worker dependent status as described in subsection (a); or (ii) a travel document that has been approved by the Secretary and was issued to the alien after the alien’s original documentary evidence was lost, stolen, or destroyed. (b) Ability To change status (1) Change to certified agricultural worker status Notwithstanding section 101(a), an alien with valid certified agricultural dependent status may apply to change to certified agricultural worker status, at any time, if the alien— (A) submits a completed application, including the required processing fees; and (B) is not ineligible for certified agricultural worker status under section 101(b). (2) Clarification Nothing in this title prohibits an alien granted certified agricultural worker or certified agricultural dependent status from changing status to any other immigrant or nonimmigrant classification for which the alien may be eligible. (c) Public benefits, tax benefits, and health care subsidies Aliens granted certified agricultural worker or certified agricultural dependent status— (1) shall be considered lawfully present in the United States for all purposes for the duration of their status; (2) shall be eligible for Federal means-tested public benefits to the same extent as other individuals who are not qualified aliens under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 (3) are entitled to the premium assistance tax credit authorized under section 36B 26 U.S.C. 36B (4) shall not be subject to the rules applicable to individuals who are not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(e) (5) shall not be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) 26 U.S.C. 5000A(d)(3) (d) Revocation of status (1) In general The Secretary may revoke certified agricultural worker or certified agricultural dependent status if, after providing notice to the alien and the opportunity to provide evidence to contest the proposed revocation, the Secretary determines that the alien no longer meets the eligibility requirements for such status under section 101(b). (2) Invalidation of documentation Upon the Secretary’s final determination to revoke an alien’s certified agricultural worker or certified agricultural dependent status, any documentation issued by the Secretary to such alien under subsection (a) shall automatically be rendered invalid for any purpose except for departure from the United States. 103. Extensions of certified status (a) Requirements for extensions of status (1) Principal aliens The Secretary may extend certified agricultural worker status for additional periods of 5 1/2 (A) except as provided in section 126(c), has performed agricultural labor or services in the United States for at least 690 hours (or 120 work days) for each of the prior 5 years in which the alien held certified agricultural worker status; and (B) has not become ineligible for certified agricultural worker status under section 101(b). (2) Dependent spouse and children The Secretary may grant or extend certified agricultural dependent status to the spouse or child of an alien granted an extension of certified agricultural worker status under paragraph (1) if the spouse or child is not ineligible for certified agricultural dependent status under section 101(b). (3) Waiver for late filings The Secretary may waive an alien’s failure to timely file before the expiration of the 120-day period described in paragraph (1) if the alien demonstrates that the delay was due to extraordinary circumstances beyond the alien’s control or for other good cause. (b) Status for workers with pending applications (1) In general Certified agricultural worker status of an alien who timely files an application to extend such status under subsection (a) (and the status of the alien’s dependents) shall be automatically extended through the date on which the Secretary makes a final administrative decision regarding such application. (2) Documentation of employment authorization As soon as practicable after receipt of an application to extend certified agricultural worker status under subsection (a), the Secretary shall issue a document to the alien acknowledging the receipt of such application. An employer of the worker may not refuse to accept such document as evidence of employment authorization under section 274A(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(C) (c) Notice Prior to denying an application to extend certified agricultural worker status, the Secretary shall provide the alien with— (1) written notice that describes the basis for ineligibility or the deficiencies of the evidence submitted; and (2) at least 90 days to contest ineligibility or submit additional evidence. 104. Determination of continuous presence (a) Effect of notice To appear The continuous presence in the United States of an applicant for certified agricultural worker status under section 101 shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) (b) Treatment of certain breaks in presence (1) In general Except as provided in paragraphs (2) and (3), an alien shall be considered to have failed to maintain continuous presence in the United States under this subtitle if the alien departed the United States for any period exceeding 90 days, or for any periods, in the aggregate, exceeding 180 days. (2) Extensions for extenuating circumstances The Secretary may extend the time periods described in paragraph (1) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien’s control, including the serious illness of the alien, or death or serious illness of a spouse, parent, son or daughter, grandparent, or sibling of the alien. (3) Travel authorized by the Secretary Any period of travel outside of the United States by an alien that was authorized by the Secretary shall not be counted toward any period of departure from the United States under paragraph (1). 105. Employer obligations (a) Record of employment An employer of an alien in certified agricultural worker status shall provide such alien with a written record of employment each year during which the alien provides agricultural labor or services to such employer as a certified agricultural worker. (b) Civil penalties (1) In general If the Secretary determines, after notice and an opportunity for a hearing, that an employer of an alien with certified agricultural worker status has knowingly failed to provide the record of employment required under subsection (a), or has provided a false statement of material fact in such a record, the employer shall be subject to a civil penalty in an amount not to exceed $400 per violation. (2) Limitation The penalty under paragraph (1) for failure to provide employment records shall not apply unless the alien has provided the employer with evidence of employment authorization described in section 102 or 103. (3) Deposit of civil penalties Civil penalties collected under this paragraph shall be deposited into the Immigration Examinations Fee Account under section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) 106. Administrative and judicial review (a) Administrative review The Secretary shall establish a process by which an applicant may seek administrative review of a denial of an application for certified agricultural worker status under this subtitle, an application to extend such status, or a revocation of such status. (b) Admissibility in immigration court Each record of an alien’s application for certified agricultural worker status under this subtitle, application to extend such status, revocation of such status, and each record created pursuant to the administrative review process under subsection (a) is admissible in immigration court, and shall be included in the administrative record. (c) Judicial review Notwithstanding any other provision of law, judicial review of the Secretary’s decision to deny an application for certified agricultural worker status, an application to extend such status, or the decision to revoke such status, shall be limited to the review of an order of removal under section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 B Optional earned residence for long-Term workers 111. Optional adjustment of status for long-term agricultural workers (a) Requirements for adjustment of status (1) Principal aliens The Secretary may adjust the status of an alien from that of a certified agricultural worker to that of a lawful permanent resident if the alien submits a completed application, including the required processing and penalty fees, and the Secretary determines that— (A) except as provided in section 126(c), the alien performed agricultural labor or services for not less than 690 hours (or 120 work days) each year for at least 10 years and for at least 4 years while in certified agricultural worker status; and (B) the alien has not become ineligible for certified agricultural worker status under section 101(b). (2) Dependent aliens (A) In general The spouse and each child of an alien described in paragraph (1) whose status has been adjusted to that of a lawful permanent resident may be granted lawful permanent residence under this subtitle if— (i) the qualifying relationship to the principal alien existed on the date on which such alien was granted adjustment of status under this subtitle; and (ii) the spouse or child is not ineligible for certified agricultural worker dependent status under section 101(b). (B) Protections for spouses and children The Secretary of Homeland Security shall establish procedures to allow the spouse or child of a certified agricultural worker to self-petition for lawful permanent residence under this subtitle in cases involving— (i) the death of the certified agricultural worker, so long as the spouse or child submits a petition not later than 2 years after the date of the worker’s death; or (ii) the spouse or a child being battered or subjected to extreme cruelty by the certified agricultural worker. (3) Documentation of work history (A) In general An applicant for adjustment of status under this section shall not be required to resubmit evidence of work history that has been previously submitted to the Secretary in connection with an approved extension of certified agricultural worker status. (B) Presumption of compliance The Secretary shall presume that the work requirement has been met if the applicant attests, under penalty of perjury, that he or she— (i) has satisfied the requirement; (ii) demonstrates presence in the United States during the most recent 10-year period; and (iii) presents documentation demonstrating compliance with the work requirement while the applicant was in certified agricultural worker status. (b) Penalty fee In addition to any processing fee that the Secretary may assess in accordance with section 122(b), a principal alien seeking adjustment of status under this subtitle shall pay a $750 penalty fee, which shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) (c) Effect of pending application During the period beginning on the date on which an alien applies for adjustment of status under this subtitle, and ending on the date on which the Secretary makes a final administrative decision regarding such application, the alien and any dependents included on the application— (1) may apply for advance parole, which shall be granted upon demonstrating a legitimate need to travel outside the United States for a temporary purpose; (2) may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for adjustment of status under subsection (a); (3) may not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) (4) may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) (d) Evidence of application filing As soon as practicable after receiving an application for adjustment of status under this subtitle, the Secretary shall provide the applicant with a document acknowledging the receipt of such application. Such document shall serve as interim proof of the alien’s authorization to accept employment in the United States and shall be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(C) (e) Withdrawal of application The Secretary shall, upon receipt of a request to withdraw an application for adjustment of status under this subtitle, cease processing of the application, and close the case. Withdrawal of the application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act or under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. 112. Payment of taxes (a) In general An alien may not be granted adjustment of status under this subtitle unless the applicant has satisfied any applicable Federal tax liability. (b) Compliance An alien may demonstrate compliance with subsection (a) by submitting such documentation as the Secretary, in consultation with the Secretary of the Treasury, may require by regulation. 113. Adjudication and decision; review (a) In general Subject to the requirements of section 123, the Secretary shall render a decision on an application for adjustment of status under this subtitle not later than 180 days after the date on which the application is filed. (b) Notice Prior to denying an application for adjustment of status under this subtitle, the Secretary shall provide the alien with— (1) written notice that describes the basis for ineligibility or the deficiencies of the evidence submitted; and (2) at least 90 days to contest ineligibility or submit additional evidence. (c) Administrative review The Secretary shall establish a process by which an applicant may seek administrative review of a denial of an application for adjustment of status under this subtitle. (d) Judicial review Notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status under this title in an appropriate United States district court. C General Provisions 121. Definitions In this title: (1) In general Except as otherwise provided, any term used in this title that is used in the immigration laws shall have the meaning given such term in the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 (2) Agricultural labor or services The term agricultural labor or services (A) agricultural labor or services (as such term is used in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii) (B) agricultural employment (as such term is defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 (3) Applicable Federal tax liability The term applicable Federal tax liability section 6203 (4) Appropriate United States district court The term appropriate United States district court (5) Child The term child 8 U.S.C. 1101(b)(1) (6) Convicted or conviction The term convicted conviction (7) Employer The term employer (8) Qualified designated entity The term qualified designated entity (A) a qualified farm labor organization or an association of employers designated by the Secretary; or (B) any other entity that the Secretary designates as having substantial experience, demonstrated competence, and a history of long-term involvement in the preparation and submission of application for adjustment of status under title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. (9) Secretary The term Secretary (10) Work day The term work day 122. Rulemaking; fees (a) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register an interim final rule implementing this title. Notwithstanding section 553 of title 5, United States Code, the rule shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for comment. The Secretary shall finalize such rule not later than 1 year after the date of the enactment of this Act. (b) Fees (1) In general The Secretary may require an alien applying for any benefit under this title to pay a reasonable fee that is commensurate with the cost of processing the application. (2) Fee waiver; installments (A) In general The Secretary shall establish procedures to allow an alien to— (i) request a waiver of any fee that the Secretary may assess under this title if the alien demonstrates to the satisfaction of the Secretary that the alien is unable to pay the prescribed fee; or (ii) pay any fee or penalty that the Secretary may assess under this title in installments. (B) Clarification Nothing in this section shall be read to prohibit an employer from paying any fee or penalty that the Secretary may assess under this title on behalf of an alien and the alien’s spouse or children. 123. Background checks (a) Submission of biometric and biographic data The Secretary may not grant or extend certified agricultural worker or certified agricultural dependent status under subtitle A, or grant adjustment of status to that of a lawful permanent resident under subtitle B, unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who cannot provide all required biometric or biographic data because of a physical impairment. (b) Background checks The Secretary shall use biometric, biographic, and other data that the Secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for status under this title. An alien may not be granted any such status under this title unless security and law enforcement background checks are completed to the satisfaction of the Secretary. 124. Protection for children (a) In general Except as provided in subsection (b), for purposes of eligibility for certified agricultural dependent status or lawful permanent resident status under this title, a determination of whether an alien is a child shall be made using the age of the alien on the date on which the initial application for certified agricultural worker status is filed with the Secretary of Homeland Security. (b) Limitation Subsection (a) shall apply for no more than 10 years after the date on which the initial application for certified agricultural worker status is filed with the Secretary of Homeland Security. 125. Limitation on removal (a) In general An alien who appears to be prima facie eligible for status under this title shall be given a reasonable opportunity to apply for such status. Such an alien may not be placed in removal proceedings or removed from the United States until a final administrative decision establishing ineligibility for such status is rendered. (b) Aliens in removal proceedings Notwithstanding any other provision of the law, the Attorney General shall (upon motion by the Secretary with the consent of the alien, or motion by the alien) terminate removal proceedings, without prejudice, against an alien who appears to be prima facie eligible for status under this title, and provide such alien a reasonable opportunity to apply for such status. (c) Effect of final order An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for status under this title. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall notify the Attorney General of such approval, and the Attorney General shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted. (d) Effect of departure Section 101(g) of the Immigration and Nationality Act ( 8 U.S.C. 1101(g) (1) with advance permission to return to the United States granted by the Secretary under this title; or (2) after having been granted certified agricultural worker status or lawful permanent resident status under this title. 126. Documentation of agricultural work history (a) Burden of proof An alien applying for certified agricultural worker status under subtitle A or adjustment of status under subtitle B has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of hours or days required under section 101, 103, or 111, as applicable. The Secretary shall establish special procedures to properly credit work in cases in which an alien was employed under an assumed name. (b) Evidence An alien may meet the burden of proof under subsection (a) by producing sufficient evidence to show the extent of such employment as a matter of just and reasonable inference. Such evidence may include— (1) an annual record of certified agricultural worker employment as described in section 105(a), or other employment records from employers; (2) employment records maintained by collective bargaining associations; (3) tax records or other government records; (4) sworn affidavits from individuals who have direct knowledge of the alien’s work history; or (5) any other documentation designated by the Secretary for such purpose. (c) Exceptions for extraordinary circumstances (1) Impact of COVID–19 (A) In general The Secretary may grant certified agricultural worker status to an alien who is otherwise eligible for such status if such alien is able to only partially satisfy the requirement under section 101(a)(1)(A) as a result of reduced hours of employment or other restrictions associated with the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d (B) Limitation The exception described in subparagraph (A) shall apply only to agricultural labor or services required to be performed during the period that— (i) begins on the first day of the public health emergency described in subparagraph (A); and (ii) ends 90 days after the date on which such public health emergency terminates. (2) Extraordinary circumstances In determining whether an alien has met the requirement under section 103(a)(1)(A) or 111(a)(1)(A), the Secretary may credit the alien with not more than 690 hours (or 120 work days) of agricultural labor or services in the United States if the alien was unable to perform the required agricultural labor or services due to— (A) pregnancy, parental leave, illness, disease, disabling injury, or physical limitation of the alien; (B) injury, illness, disease, or other special needs of the alien’s child or spouse; (C) severe weather conditions that prevented the alien from engaging in agricultural labor or services; (D) reduced hours of employment or other restrictions associated with a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d (E) termination from agricultural employment, if the Secretary determines that— (i) the termination was without just cause; and (ii) the alien was unable to find alternative agricultural employment after a reasonable job search. (3) Effect of determination A determination under paragraph (1)(E) shall not be conclusive, binding, or admissible in a separate or subsequent judicial or administrative action or proceeding between the alien and a current or prior employer of the alien or any other party. (4) Hardship waiver (A) In general As part of the rulemaking described in section 122(a), the Secretary shall establish procedures allowing for a partial waiver of the requirement under section 111(a)(1)(A) for a certified agricultural worker if such worker— (i) has continuously maintained certified agricultural worker status since the date such status was initially granted; (ii) has partially completed the requirement under section 111(a)(1)(A); and (iii) is no longer able to engage in agricultural labor or services safely and effectively because of— (I) a permanent disability suffered while engaging in agricultural labor or services; or (II) deteriorating health or physical ability combined with advanced age. (B) Disability In establishing the procedures described in subparagraph (A), the Secretary shall consult with the Secretary of Health and Human Services and the Commissioner of Social Security to define permanent disability 127. Employer protections (a) Continuing employment An employer that continues to employ an alien knowing that the alien intends to apply for certified agricultural worker status under subtitle A shall not violate section 274A(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(2) (b) Use of employment records Copies of employment records or other evidence of employment provided by an alien or by an alien’s employer in support of an alien’s application for certified agricultural worker or adjustment of status under this title may not be used in a civil or criminal prosecution or investigation of that employer under section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a (c) Additional protections Employers that provide unauthorized aliens with copies of employment records or other evidence of employment in support of an application for certified agricultural worker status or adjustment of status under this title shall not be subject to civil and criminal liability pursuant to such section 274A for employing such unauthorized aliens. Records or other evidence of employment provided by employers in response to a request for such records for the purpose of establishing eligibility for status under this title may not be used for any purpose other than establishing such eligibility. (d) Limitation on protection The protections for employers under this section shall not apply if the employer provides employment records to the alien that are determined to be fraudulent. 128. Correction of social security records; conforming amendments (a) In general Section 208(e)(1) of the Social Security Act ( 42 U.S.C. 408(e)(1) (1) in subparagraph (B)(ii), by striking or (2) in subparagraph (C), by inserting or (3) by inserting after subparagraph (C) the following: (D) who is granted certified agricultural worker status, certified agricultural dependent status, or lawful permanent resident status under title I of the Affordable and Secure Food Act of 2022 ; and (4) in the undesignated matter following subparagraph (D), as added by paragraph (3), by striking 1990. 1990, or in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred before the date on which the alien was granted status under title I of the Affordable and Secure Food Act of 2022 (b) Effective date The amendments made by subsection (a) shall take effect on the first day of the seventh month that begins after the date of the enactment of this Act. (c) Conforming amendments (1) Social Security Act Section 210(a)(1) of the Social Security Act ( 42 U.S.C. 410(a)(1) (other than aliens granted certified agricultural worker status or certified agricultural dependent status under title I of the Affordable and Secure Food Act of 2022 (2) Internal Revenue Code of 1986 Section 3121(b)(1) (other than aliens granted certified agricultural worker status or certified agricultural dependent status under title I of the Affordable and Secure Food Act of 2022 (3) Effective date The amendments made by this subsection shall apply with respect to service performed after the date of the enactment of this Act. (d) Automated system To assign Social Security account numbers Section 205(c)(2)(B) of the Social Security Act ( 42 U.S.C. 405(c)(2)(B) (iv) The Commissioner of Social Security shall, to the extent practicable, coordinate with the Secretary of the Department of Homeland Security to implement an automated system for the Commissioner to assign social security account numbers to aliens granted certified agricultural worker status or certified agricultural dependent status under title I of the Affordable and Secure Food Act of 2022 . 129. Disclosures and privacy (a) In general The Secretary may not disclose or use information provided in an application for certified agricultural worker status or adjustment of status under this title (including information provided during administrative or judicial review) for the purpose of immigration enforcement. (b) Referrals prohibited The Secretary, based solely on information provided in an application for certified agricultural worker status or adjustment of status under this title (including information provided during administrative or judicial review), may not refer an applicant to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity. (c) Exceptions Notwithstanding subsections (a) and (b), information provided in an application for certified agricultural worker status or adjustment of status under this title may be shared with Federal security and law enforcement agencies— (1) for assistance in the consideration of an application under this title; (2) to identify or prevent fraudulent claims or schemes; (3) for national security purposes; or (4) for the investigation or prosecution of any felony not related to immigration status. (d) Penalty Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000. (e) Privacy The Secretary shall ensure that appropriate administrative and physical safeguards are in place to protect the security, confidentiality, and integrity of personally identifiable information collected, maintained, and disseminated pursuant to this title. 130. Penalties for false statements in applications (a) Criminal penalty Any person who— (1) files an application for certified agricultural worker status or adjustment of status under this title and knowingly falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or (2) creates or supplies a false writing or document for use in making such an application, shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both. (b) Inadmissibility An alien who is convicted under subsection (a) shall be deemed inadmissible to the United States under section 212(a)(6)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(i) (c) Deposit Fines collected under subsection (a) shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) 131. Dissemination of information (a) In general Beginning not later than the first day of the application period described in section 101(c)— (1) the Secretary of Homeland Security, in cooperation with qualified designated entities, shall broadly disseminate information described in subsection (b); and (2) the Secretary of Agriculture, in consultation with the Secretary of Homeland Security and the Secretary of Labor, shall disseminate to agricultural employers a document containing the information described in subsection (b) for posting at employer worksites. (b) Information described The information described in this subsection shall include— (1) the benefits that aliens may receive under this title; and (2) the requirements that an alien must meet to receive such benefits. 132. Exemption from numerical limitations The numerical limitations under title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. 133. Reports to Congress Not later than 180 days after the publication of the final rule under section 122(a), and annually thereafter for the following 10 years, the Secretary shall submit a report to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (1) the number of principal aliens who applied for certified agricultural worker status under subtitle A, and the number of dependent spouses and children included in such applications; (2) the number of principal aliens who were granted certified agricultural worker status under subtitle A, and the number of dependent spouses and children who were granted certified agricultural dependent status; (3) the number of principal aliens who applied for an extension of their certified agricultural worker status under subtitle A, and the number of dependent spouses and children included in such applications; (4) the number of principal aliens who were granted an extension of certified agricultural worker status under subtitle A, and the number of dependent spouses and children who were granted certified agricultural dependent status under such an extension; (5) the number of principal aliens who applied for adjustment of status under subtitle B, and the number of dependent spouses and children included in such applications; (6) the number of principal aliens who were granted lawful permanent resident status under subtitle B, and the number of spouses and children who were granted such status as dependents; (7) the number of principal aliens included in petitions described in section 101(e), and the number of dependent spouses and children included in such applications; and (8) the number of principal aliens who were granted H–2A status pursuant to petitions described in section 101(e), and the number of dependent spouses and children who were granted H–4 status. 134. Grant program to assist eligible applicants (a) Establishment The Secretary shall establish a program to award grants, on a competitive basis, to eligible nonprofit organizations to assist eligible applicants under this title by providing them with the services described in subsection (c). (b) Eligible nonprofit organization In this section, the term eligible nonprofit organization section 501(c)(3) 42 U.S.C. 2996 et seq. (c) Use of funds Grant funds awarded under this section may be used for the design and implementation of programs that provide— (1) information to the public regarding the eligibility and benefits of certified agricultural worker status authorized under this title; and (2) assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for certified agricultural worker status or adjustment of status under this title, including— (A) screening prospective applicants to assess their eligibility for such status; (B) completing applications, including providing assistance in obtaining necessary documents and supporting evidence; and (C) providing any other assistance that the Secretary determines useful to assist aliens in applying for certified agricultural worker status or adjustment of status under this title. (d) Source of funds In addition to any funds appropriated to carry out this section, the Secretary shall use up to $10,000,000 from the Immigration Examinations Fee Account under section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) (e) Eligibility for services Section 504(a)(11) of Public Law 104–134 42 U.S.C. 2996 et seq. 135. Authorization of appropriations There is authorized to be appropriated to the Secretary, such sums as may be necessary to implement this title, including any amounts needed for costs associated with the initiation of such implementation, for each of fiscal years 2023 through 2025. II Ensuring an Agricultural Workforce for the Future A Reforming the H–2A Temporary Worker Program 201. Comprehensive and streamlined electronic H–2A platform (a) Streamlined H–2A platform (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Secretary of State, and United States Digital Service, shall ensure the establishment of an electronic platform through which a petition for an H–2A worker may be filed. Such platform shall— (A) serve as a single point of access for an employer to input all information and supporting documentation required for obtaining labor certification from the Secretary of Labor and the adjudication of the H–2A petition by the Secretary of Homeland Security; (B) serve as a single point of access for the Secretary of Homeland Security, the Secretary of Labor, and State workforce agencies to concurrently perform their respective review and adjudicatory responsibilities in the H–2A process; (C) facilitate communication between employers and agency adjudicators, including by allowing employers to— (i) receive and respond to notices of deficiency and requests for information; (ii) submit requests for inspections and licensing; (iii) receive notices of approval and denial; and (iv) request reconsideration or appeal of agency decisions; and (D) provide information to the Secretary of State and U.S. Customs and Border Protection necessary for the efficient and secure processing of H–2A visas and applications for admission. (2) Objectives In developing the platform described in paragraph (1), the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Secretary of State, and United States Digital Service, shall streamline and improve the H–2A process, including by— (A) eliminating the need for employers to submit duplicate information and documentation to multiple agencies; (B) eliminating redundant processes, where a single matter in a petition is adjudicated by more than one agency; (C) reducing the occurrence of common petition errors, and otherwise improving and expediting the processing of H–2A petitions; and (D) ensuring compliance with H–2A program requirements and the protection of the wages and working conditions of workers. (3) Reports to congress Not later than 6 months after the date of the enactment of this Act, and every 3 months thereafter until the H–2A worker electronic platform is established pursuant to paragraph (1), the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (b) Online job registry The Secretary of Labor shall maintain a national, publicly accessible online job registry and database of all job orders submitted by H–2A employers. The registry and database shall— (1) be searchable using relevant criteria, including the types of jobs needed to be filled, the date(s) and location(s) of need, and the employer(s) named in the job order; (2) provide an interface for workers in English, Spanish, and any other language that the Secretary of Labor determines to be appropriate; and (3) provide for public access of job orders approved under section 218(h)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1188(h)(2) 202. H–2A program requirements Section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 218. Admission of temporary H–2A workers (a) Labor certification conditions The Secretary of Homeland Security may not approve a petition to admit an H–2A worker unless the Secretary of Labor has certified that— (1) there are not sufficient United States workers who are able, willing and qualified, and who will be available at the time and place needed, to perform the agricultural labor or services described in the petition; and (2) the employment of the H–2A worker in such labor or services will not adversely affect the wages and working conditions of workers in the United States who are similarly employed. (b) H–2A petition requirements An employer filing a petition for an H–2A worker to perform agricultural labor or services shall attest to and demonstrate compliance, as and when appropriate, with all applicable requirements under this section, including the following: (1) Need for labor or services The employer has described the need for agricultural labor or services in a job order that includes a description of the nature and location of the work to be performed, the material terms and conditions of employment, the anticipated period or periods (expected start and end dates) for which the workers will be needed, the number of job opportunities in which the employer seeks to employ the workers, and any other requirement for a job order. (2) Nondisplacement of United States workers The employer has not and will not displace United States workers employed by the employer during the period of employment of the H–2A worker and during the 60-day period immediately preceding such period of employment in the job for which the employer seeks approval to employ the H–2A worker. (3) Strike or lockout Each place of employment described in the petition is not, at the time of filing the petition and until the petition is approved, subject to a strike or lockout in the course of a labor dispute. (4) Recruitment of United States workers The employer shall engage in the recruitment of United States workers as described in subsection (c) and shall hire such workers who are able, willing and qualified, and who will be available at the time and place needed, to perform the agricultural labor or services described in the petition. The employer may reject a United States worker only for lawful, job-related reasons. (5) Wages, benefits, and working conditions The employer shall offer and provide, at a minimum, the wages, benefits, and working conditions required by this section to the H–2A worker and all workers who are similarly employed. The employer— (A) shall offer such similarly employed workers not less than the same benefits, wages, and working conditions that the employer is offering or will provide to the H–2A worker; and (B) may not impose on such similarly employed workers any restrictions or obligations that will not be imposed on the H–2A worker. (6) Workers’ compensation If the job opportunity is not covered by or is exempt from the State workers’ compensation law, the employer shall provide, at no cost to the worker, insurance covering injury and disease arising out of, and in the course of, the worker’s employment which will provide benefits at least equal to those provided under the State workers’ compensation law. (7) Compliance with applicable laws The employer shall comply with all applicable Federal, State and local laws and regulations. (8) Compliance with worker protections The employer shall comply with section 204 of the Affordable and Secure Food Act of 2022 (9) Compliance with foreign labor recruitment laws The employer shall comply with subtitle C of title II of the Affordable and Secure Food Act of 2022 (c) Recruiting requirements (1) In general The employer may satisfy the recruitment requirement described in subsection (b)(4) by satisfying all of the following: (A) Job order As provided in subsection (h)(1), the employer shall complete a job order for posting on the electronic job registry maintained by the Secretary of Labor and for distribution by the appropriate State workforce agency. Such posting shall remain on the job registry as an active job order through the period described in paragraph (2)(B). (B) Former workers At least 45 days before each start date identified in the petition, the employer shall— (i) make reasonable efforts to contact any United States worker who the employer or agricultural producer for whom the employer is supplying labor employed in the previous year in the same occupation and area of intended employment for which an H–2A worker is sought (excluding workers who were terminated for cause or abandoned the worksite); and (ii) post such job opportunity in a conspicuous location or locations at the place of employment. (C) Positive recruitment During the period of recruitment, the employer shall complete any other positive recruitment steps within a multi-State region of traditional or expected labor supply where the Secretary of Labor finds that there are a significant number of qualified United States workers who, if recruited, would be willing to make themselves available for work at the time and place needed. (2) Period of recruitment (A) In general For purposes of this subsection, the period of recruitment begins on the date on which the job order is posted on the online job registry and ends on the date that H–2A workers depart for the employer’s place of employment. For a petition involving more than one start date under subsection (h)(1)(C), the end of the period of recruitment shall be determined by the date of departure of the H–2A workers for the final start date identified in the petition. (B) Requirement to hire us workers (i) In general Notwithstanding the limitations of subparagraph (A), the employer will provide employment to any qualified United States worker who applies to the employer for any job opportunity included in the petition until the later of— (I) the date that is 30 days after the date on which work begins; or (II) the date on which— (aa) 33 percent of the work contract for the job opportunity has elapsed; or (bb) if the employer is a labor contractor, 50 percent of the work contract for the job opportunity has elapsed. (ii) Staggered entry For a petition involving more than one start date under subsection (h)(1)(C), each start date designated in the petition shall establish a separate job opportunity. An employer may not reject a United States worker because the worker is unable or unwilling to fill more than one job opportunity included in the petition. (iii) Exception Notwithstanding clause (i), the employer may offer a job opportunity to an H–2A worker instead of an alien granted certified agricultural worker status under title I of the Affordable and Secure Food Act of 2022 (3) Recruitment report (A) In general The employer shall maintain a recruitment report through the applicable period described in paragraph (2)(B) and submit regular updates through the electronic platform on the results of recruitment. The employer shall retain the recruitment report, and all associated recruitment documentation, for a period of 3 years from the date of certification. (B) Burden of proof If the employer asserts that any eligible individual who has applied or been referred is not able, willing or qualified, the employer bears the burden of proof to establish that the individual is not able, willing or qualified because of a lawful, employment-related reason. (d) Wage requirements (1) In general Each employer under this section will offer the worker, during the period of authorized employment, wages that are at least the greatest of— (A) the agreed-upon collective bargaining wage; (B) the adverse effect wage rate (or any successor wage established under paragraph (7)); (C) the prevailing wage (hourly wage or piece rate); or (D) the Federal or State minimum wage. (2) Adverse effect wage rate determinations (A) In general Except as provided under subparagraph (B), the applicable adverse effect wage rate for each State and classification for a calendar year shall be the annual average hourly gross wage for all hired agricultural workers in the State, as reported by the Secretary of Agriculture and the Secretary of Labor based on a wage survey conducted by such secretaries under subparagraph (C). If such wage is not reported, the applicable wage shall be the State or regional annual gross average hourly wage for all hired agricultural workers based on the Agricultural Labor Wage survey conducted pursuant to subparagraph (C). (B) Limitations on wage fluctuations (i) Wage freeze for calendar year 2023 For calendar year 2023, the adverse effect wage rate for each State classification under this subsection shall be the adverse effect wage rate that was in effect for H–2A workers in the applicable State on the date of the introduction of the Affordable and Secure Food Act of 2022 (ii) Calendar years 2024 through 2034 For each of calendar years 2024 through 2034, the adverse effect wage rate for each State classification under this subsection shall be the wage calculated under subparagraph (A), except that such wage may not— (I) be more than 1.25 percent lower than the wage in effect for H–2A workers in the applicable State classification in the immediately preceding calendar year; (II) except as provided in clause (III), be more than 3 percent higher than the wage in effect for H–2A workers in the applicable State classification in the immediately preceding calendar year; and (III) if the application of clause (II) results in a wage that is lower than 110 percent of the applicable Federal or State minimum wage, be more than 4 percent higher than the wage in effect for H–2A workers in the applicable State classification in the immediately preceding calendar year. (iii) Calendar years after 2034 For any calendar year after 2034, the applicable wage rate described in paragraph (1)(B) shall be the wage rate established pursuant to paragraph (7)(D). Until such wage rate is effective, the adverse effect wage rate for each State classification under this subsection shall be the wage calculated under subparagraph (A), except that such wage may not be more than 0.5 percent lower or 3 percent higher than the wage in effect for H–2A workers in the applicable State classification in the immediately preceding calendar year. (C) Wage surveys and data (i) Agricultural labor survey The Secretary of Labor, in carrying out the responsibilities in setting the adverse effect wage rate under subparagraph (A), shall rely on statistically valid data from the Department of Agriculture National Agricultural Statistics Service’s annual findings from the Agricultural Labor Survey (commonly referred to as the Farm Labor Survey (ii) Form; data The Secretary of Agriculture shall conduct the Agricultural Labor Survey in the form of a quarterly survey of the number of hired agricultural workers, the number of hours worked, and the total gross wages paid by type of worker, including field workers, livestock workers, and supervisors or managers, disaggregated by occupational groups and other workers (who may be classified by the Standard Occupational Classification system). (iii) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture and the Secretary of Labor, such sums as may be necessary for the purposes of carrying out this subsection. (3) Publication; wages in effect (A) Publication Before the first day of each calendar year, the Secretary of Labor shall publish the applicable adverse effect wage rate (or successor wage rate, if any), and prevailing wage, if available, for each State and occupational classification through notice in the Federal Register. (B) Job orders in effect Except as provided in subparagraph (C), publication by the Secretary of Labor of an updated adverse effect wage rate or prevailing wage for a State and occupational classification shall not affect the wage rate guaranteed in any approved job order for which work has commenced at the time of publication. (C) Exception for year-round jobs If the Secretary of Labor publishes an updated adverse effect wage rate or prevailing wage for a State and occupational classification concerning a petition described in subsection (i), and the updated wage is higher than the wage rate guaranteed in the work contract, the employer shall pay the updated wage not later than 14 days after publication of the updated wage in the Federal Register. (4) Productivity standard requirements If an employer requires 1 or more minimum productivity standards as a condition of job retention, such standards shall be specified in the job order and shall be no more than those normally required (at the time of the first petition for H–2A workers) by other employers for the activity in the area of intended employment, unless the Secretary of Labor approves a higher minimum standard resulting from material changes in production methods. (5) Guarantee of employment (A) Offer to worker The employer shall guarantee the worker employment for the hourly equivalent of at least 80 percent of the work days of the total period of employment, beginning with the first work day after the arrival of the worker at the place of employment and ending on the date specified in the job offer. For purposes of this subparagraph, the hourly equivalent means the number of hours in the work days as stated in the job offer and shall exclude the worker’s Sabbath and Federal holidays. If the employer affords the worker less employment than that required under this paragraph, the employer shall pay the worker the amount which the worker would have earned had the worker, in fact, worked for the guaranteed number of hours. (B) Failure to work Any hours which the worker fails to work, up to a maximum of the number of hours specified in the job offer for a work day, when the worker has been offered an opportunity to do so, and all hours of work actually performed (including voluntary work in excess of the number of hours specified in the job offer in a work day, on the worker’s Sabbath, or on Federal holidays) may be counted by the employer in calculating whether the period of guaranteed employment has been met. (C) Abandonment of employment; termination for cause If the worker voluntarily abandons employment without good cause before the end of the contract period, or is terminated for cause, the worker is not entitled to the guarantee of employment described in subparagraph (A). (D) Contract impossibility If, before the expiration of the period of employment specified in the job offer, the services of the worker are no longer required for reasons beyond the control of the employer due to any form of natural disaster before the guarantee in subparagraph (A) is fulfilled, the employer may terminate the worker’s employment. In the event of such termination, the employer shall fulfill the employment guarantee in subparagraph (A) for the work days that have elapsed from the first work day after the arrival of the worker to the termination of employment. The employer shall make efforts to transfer a worker to other comparable employment acceptable to the worker. If such transfer is not effected, the employer shall provide the return transportation required in subsection (f)(2). (6) Wage standards after 2034 (A) Study of adverse effect wage rate Beginning in fiscal year 2031, the Secretary of Agriculture and the Secretary of Labor shall jointly conduct a study that addresses— (i) whether the employment of H–2A workers has depressed the wages of United States farm workers; (ii) whether an adverse effect wage rate is necessary to protect the wages of United States farm workers in occupations in which H–2A workers are employed; (iii) whether alternative wage standards would be sufficient to prevent wages in occupations in which H–2A workers are employed from falling below the wage level that would have prevailed in the absence of H–2A employment; (iv) whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage rate; and (v) recommendations for future wage protection under this section. (B) Final report Not later than October 1, 2032, the Secretary of Agriculture and the Secretary of Labor shall jointly prepare and submit a report to Congress setting forth the findings of the study conducted under subparagraph (A) and recommendations for future wage protections under this section. (C) Consultation In conducting the study under subparagraph (A) and preparing the report under subparagraph (B), the Secretary of Agriculture and the Secretary of Labor shall consult with representatives of agricultural employers and an equal number of representatives of agricultural workers, at the national, State and local level. (D) Wage determination after 2034 Upon publication of the report described in subparagraph (B), the Secretary of Labor, in consultation with the Secretary of Agriculture, shall make a rule to establish a process for annually determining the wage rate for purposes of paragraph (1)(B) for fiscal years after 2034. Such process shall be designed to ensure that the employment of H–2A workers does not undermine the wages and working conditions of similarly employed United States workers. (e) Housing requirements Employers shall furnish housing in accordance with regulations established by the Secretary of Labor. Such regulations shall be consistent with the following: (1) In general The employer shall be permitted at the employer’s option to provide housing meeting applicable Federal standards for temporary labor camps or to secure housing which meets the local standards for rental and/or public accommodations or other substantially similar class of habitation: Provided, That in the absence of applicable local standards, State standards for rental and/or public accommodations or other substantially similar class of habitation shall be met: Provided further, That in the absence of applicable local or State standards, Federal temporary labor camp standards shall apply. (2) Family housing Except as otherwise provided in subsection (i)(5), the employer shall provide family housing to workers with families who request it when it is the prevailing practice in the area and occupation of intended employment to provide family housing. (3) United States workers Notwithstanding paragraphs (1) and (2), an employer is not required to provide housing to United States workers who are reasonably able to return to their residence within the same day. (4) Timing of inspection (A) In general The Secretary of Labor or designee shall make a determination as to whether the housing furnished by an employer for a worker meets the requirements imposed by this subsection prior to the date on which the Secretary of Labor is required to make a certification with respect to a petition for the admission of such worker. (B) Timely inspection The Secretary of Labor shall provide a process for— (i) an employer to request inspection of housing up to 60 days before the date on which the employer will file a petition under this section; and (ii) annual inspection of housing for workers who are engaged in agricultural employment that is not of a seasonal or temporary nature. (f) Transportation requirements (1) Travel to place of employment A worker who completes 50 percent of the period of employment specified in the job order shall be reimbursed by the employer for the cost of the worker’s transportation and subsistence from the place from which the worker came to work for the employer (or place of last employment, if the worker traveled from such place) to the place of employment. (2) Travel from place of employment For a worker who completes the period of employment specified in the job order or who is terminated without cause, the employer shall provide or pay for the worker’s transportation and subsistence from the place of employment to the place from which the worker, disregarding intervening employment, came to work for the employer, or to the place of next employment, if the worker has contracted with a subsequent employer who has not agreed to provide or pay for the worker’s transportation and subsistence to such subsequent employer’s place of employment. (3) Transportation between living quarters and place of employment The employer shall provide transportation for a worker between housing provided or secured by the employer and the employer’s place of employment at no cost to the worker. (4) Limitation (A) Amount of reimbursement Except as provided in subparagraph (B), the amount of reimbursement provided under paragraph (1) or (2) to a worker need not exceed the lesser of— (i) the actual cost to the worker of the transportation and subsistence involved; or (ii) the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved. (B) Distance traveled For travel to or from the worker’s home country, if the travel distance between the worker’s home and the relevant consulate is 50 miles or less, reimbursement for transportation and subsistence may be based on transportation to or from the consulate. (g) Heat illness prevention plan (1) In general The employer shall maintain a reasonable plan that describes the employer’s procedures for the prevention of heat illness, including appropriate training, access to water and shade, the provision of breaks, and the protocols for emergency response. Such plan shall— (A) be in writing in English and, to the extent necessary, any language common to a significant portion of the workers if they are not fluent in English; and (B) be posted at a conspicuous location at the worksite and provided to employees prior to the commencement of labor or services. (2) Clarification Nothing in this subsection is intended to limit any other Federal or State authority to promulgate, enforce, or maintain health and safety standards related to heat-related illness. (3) Template Not later than 1 year after the date of the enactment of the Affordable and Secure Food Act of 2022 (h) H–2A petition procedures (1) Submission of petition and job order (A) In general The employer shall submit information required for the adjudication of the H–2A petition, including a job order, through the electronic platform no more than 75 calendar days and no fewer than 60 calendar days before the employer’s first date of need specified in the petition. (B) Filing by agricultural associations An association of agricultural producers that use agricultural services may file an H–2A petition under subparagraph (A). If an association is a joint or sole employer of workers, including agricultural cooperatives, who perform agricultural labor or services, H–2A workers may be used for the approved job opportunities of any of the association’s producer members and such workers may be transferred among its producer members to perform the agricultural labor or services for which the petition was approved. (C) Petitions involving staggered entry (i) In general Except as provided in clause (ii), an employer may file a petition involving employment in the same occupational classification and same area of intended employment with multiple start dates if— (I) the petition involves temporary or seasonal employment and no more than 10 start dates; (II) the multiple start dates share a common end date; (III) no more than 120 days separate the first start date and the final start date listed in the petition; and (IV) the need for multiple start dates arises from variations in labor needs associated with the job opportunity identified in the petition. (ii) Labor contractors A labor contractor may not file a petition described in clause (i). (2) Labor certification (A) Review of job order (i) In general The Secretary of Labor, in consultation with the relevant State workforce agency, shall review the job order for compliance with this section and notify the employer through the electronic platform of any deficiencies not later than 7 business days from the date the employer submits the necessary information required under paragraph (1)(A). The employer shall be provided 5 business days to respond to any such notice of deficiency. (ii) Standard The job order must include all material terms and conditions of employment, including the requirements of this section, and must be otherwise consistent with the minimum standards provided under Federal, State or local law. In considering the question of whether a specific qualification is appropriate in a job order, the Secretary of Labor shall apply the normal and accepted qualification required by non-H–2A employers in the same or comparable occupations and crops. (iii) Emergency procedures The Secretary of Labor shall establish emergency procedures for the curing of deficiencies that cannot be resolved during the period described in clause (i). (B) Approval of job order (i) In general Upon approval of the job order, the Secretary of Labor shall immediately place for public examination a copy of the job order on the online job registry, and the State workforce agency serving the area of intended employment shall commence the recruitment of United States workers. (ii) Referral of United States workers The Secretary of Labor and State workforce agency shall keep the job order active until the end of the period described in subsection (c)(2) and shall refer to the employer each United States worker who applies for the job opportunity. (C) Review of information for deficiencies Not later than 7 business days after the approval of the job order, the Secretary of Labor shall review the information necessary to make a labor certification and notify the employer through the electronic platform if such information does not meet the standards for approval. Such notification shall include a description of any deficiency, and the employer shall be provided 5 business days to cure such deficiency. (D) Certification and authorization of workers Not later than 30 days before the date that labor or services are first required to be performed, the Secretary of Labor shall issue the requested labor certification if the Secretary determines that the requirements set forth in this section have been met. (E) Expedited administrative appeals of certain determinations The Secretary of Labor shall by regulation establish a procedure for an employer to request the expedited review of a denial of a labor certification under this section, or the revocation of such a certification. Such procedure shall require the Secretary to expeditiously, but no later than 72 hours after expedited review is requested, issue a de novo determination on a labor certification that was denied in whole or in part because of the availability of able, willing and qualified workers if the employer demonstrates, consistent with subsection (c)(3)(B), that such workers are not actually available at the time or place such labor or services are required. (3) Petition decision (A) In general Not later than 7 business days after the Secretary of Labor issues the certification, the Secretary of Homeland Security shall issue a decision on the petition and shall transmit a notice of action to the petitioner via the electronic platform. (B) Approval Upon approval of a petition under this section, the Secretary of Homeland Security shall ensure that such approval is noted in the electronic platform and is available to the Secretary of State and U.S. Customs and Border Protection, as necessary, to facilitate visa issuance and admission. (C) Partial approval A petition for multiple named beneficiaries may be partially approved with respect to eligible beneficiaries notwithstanding the ineligibility, or potential ineligibility, of one or more other beneficiaries. (D) Post-certification amendments The Secretary of Labor shall provide a process for amending a request for labor certification in conjunction with an H–2A petition, subsequent to certification by the Secretary of Labor, in cases in which the requested amendment does not materially change the petition (including the job order). (4) Roles of agricultural associations (A) Member’s violation does not necessarily disqualify association or other members If an individual producer member of a joint employer association is determined to have committed an act that results in the denial of a petition with respect to the member, the denial shall apply only to that member of the association unless the Secretary of Labor determines that the association or other member participated in, had knowledge of, or reason to know of, the violation. (B) Association’s violation does not necessarily disqualify members (i) If an association representing agricultural producers as a joint employer is determined to have committed an act that results in the denial of a petition with respect to the association, the denial shall apply only to the association and does not apply to any individual producer member of the association unless the Secretary of Labor determines that the member participated in, had knowledge of, or reason to know of, the violation. (ii) If an association of agricultural producers certified as a sole employer is determined to have committed an act that results in the denial of a petition with respect to the association, no individual producer member of such association may be the beneficiary of the services of H–2A workers in the commodity and occupation in which such aliens were employed by the association which was denied during the period such denial is in force, unless such producer member employs such aliens in the commodity and occupation in question directly or through an association which is a joint employer of such workers with the producer member. (5) Special procedures For occupations with established special procedures that were in place on the date of the enactment of the Affordable and Secure Food Act of 2022 (6) Construction occupations An employer may not file a petition under this section on behalf of a worker if the majority of the worker’s duties will fall within a construction or extraction occupational classification. (i) Non-Temporary or non-Seasonal needs (1) In general Notwithstanding the requirement under section 101(a)(15)(H)(ii)(a) that the agricultural labor or services performed by an H–2A worker be of a temporary or seasonal nature, the Secretary of Homeland Security may, consistent with the provisions of this subsection, approve a petition from a fixed site farm employer for an H–2A worker to perform agricultural services or labor that is not of a temporary or seasonal nature. (2) Numerical limitations (A) First 3 fiscal years The total number of aliens who may be issued visas or otherwise provided H–2A nonimmigrant status under paragraph (1) for the first fiscal year during which the first visa is issued under such paragraph and for each of the following 2 fiscal years may not exceed 26,000. (B) Fiscal years 4 through 10 (i) In general The total number of aliens who may be issued visas or otherwise provided H–2A nonimmigrant status under paragraph (1) for the first fiscal year following the fiscal years referred to in subparagraph (A) and for each of the following 6 fiscal years may not exceed a numerical limitation jointly imposed by the Secretary of Agriculture and Secretary of Labor in accordance with clause (ii). (ii) Annual adjustments For each fiscal year referred to in clause (i), the Secretary of Agriculture and the Secretary of Labor, in consultation with the Secretary of Homeland Security, shall establish the numerical limitation referred to in clause (i). Such numerical limitation may not be lower than 26,000 and may not vary by more than 15 percent compared to the numerical limitation applicable to the immediately preceding fiscal year. In establishing such numerical limitation, the Secretaries shall consider appropriate factors, including— (I) a demonstrated shortage of agricultural workers; (II) the level of unemployment and underemployment of agricultural workers during the preceding fiscal year; (III) the number of H–2A workers sought by employers, including the number of petitions filed for H–2A workers during the preceding fiscal year to engage in agricultural labor or services not of a temporary or seasonal nature; (IV) the number of such H–2A workers issued a visa in the most recent fiscal year who remain in the United States in compliance with the terms of such visa; (V) the estimated number of United States workers, including workers who obtained certified agricultural worker status under title I of the Affordable and Secure Food Act of 2022 (VI) the number of such United States workers who accepted jobs offered by employers using the online job registry during the preceding fiscal year; (VII) any growth or contraction of the United States agricultural industry that has increased or decreased the demand for agricultural workers; and (VIII) any changes in the real wages paid to agricultural workers in the United States as an indication of a shortage or surplus of agricultural labor. (iii) Annual report The Secretary of Agriculture and the Secretary of Labor shall submit an annual report containing the information described in clause (ii) to— (I) the Committee on Agriculture, Nutrition, and Forestry of the Senate (II) the Committee on Health, Education, Labor, and Pensions of the Senate (III) the Committee on Homeland Security and Governmental Affairs of the Senate (IV) the Committee on the Judiciary of the Senate (V) the Committee on Agriculture of the House of Representatives (VI) the Committee on Education and Labor of the House of Representatives (VII) the Committee on Homeland Security of the House of Representatives (VIII) the Committee on the Judiciary of the House of Representatives (C) Subsequent fiscal years For each of the fiscal years following the fiscal years referred to in subparagraph (B), the Secretary of Agriculture and the Secretary of Labor, in consultation with the Secretary of Homeland Security, shall jointly determine, after considering appropriate factors, including the factors listed in subclauses (I) through (VIII) of subparagraph (B)(ii), whether to establish or to no longer maintain a numerical limitation for such fiscal year. If a numerical limitation is established for such fiscal year— (i) such numerical limitation may not be lower than the number of aliens admitted under this subsection during the fiscal year immediately preceding the fiscal year for which the numerical limitation is to be established; and (ii) the total number of aliens who may be issued visas or otherwise provided H–2A nonimmigrant status under paragraph (1) for that fiscal year may not exceed such numerical limitation. (D) Automatic adjustment for significant labor shortages Not later than the last day of the third fiscal year during which the first visa is issued under paragraph (1), the Secretary of Agriculture and the Secretary of Labor, in consultation with the Secretary of Homeland Security, shall jointly establish, by regulation, procedures for immediately adjusting a numerical limitation imposed under subparagraph (B) or (C) to account for significant labor shortages. Such regulations shall take into account the factors set forth in subparagraph (B)(ii). (3) Allocation of visas (A) Bi-annual allocation The annual allocation of visas described in paragraph (2) shall be evenly allocated between two halves of the fiscal year unless the Secretary of Homeland Security, in consultation with the Secretary of Agriculture and Secretary of Labor, determines that an alternative allocation would better accommodate demand for visas. Any unused visas in the first half of the fiscal year shall be added to the allocation for the subsequent half of the same fiscal year. (B) Reserve for dairy labor or services (i) In general Of the visa numbers made available in each half of the fiscal year pursuant to subparagraph (A), 50 percent of such visas shall be reserved for employers filing petitions seeking H–2A workers to engage in agricultural labor or services in the dairy industry. (ii) Exception If, after 4 months have elapsed in one half of the fiscal year, the Secretary of Homeland Security determines that application of clause (i) will result in visas going unused during that half of the fiscal year, clause (i) shall not apply to visas under this paragraph during the remainder of such calendar half. (C) Reserve for small farmer labor or services (i) In general Except as provided in clause (ii), of the visas made available during each 6 month period of a fiscal year pursuant to subparagraph (A), 20 percent shall be reserved for employers (excluding employers eligible for a reserve under subparagraph (B)) with fewer than 50 domestic employees that file a petition seeking H–2A workers to engage in agricultural labor or services. (ii) Exception If, after 4 months have elapsed in 1/2 (D) Limited allocation for certain special procedures industries (i) In general Notwithstanding the numerical limitations under paragraph (2), up to 550 aliens may be issued visas or otherwise provided H–2A nonimmigrant status under paragraph (1) in a fiscal year for range sheep or goat herding. (ii) Limitation The total number of aliens in the United States in valid H–2A status under clause (i) at any one time may not exceed 550. (iii) Clarification Any visas issued under this subparagraph may not be considered for purposes of the annual adjustments under subparagraphs (B) and (C) of paragraph (2). (4) Annual round trip home (A) In general In addition to the other requirements of this section, an employer shall provide H–2A workers employed under this subsection, at no cost to such workers, with annual round trip travel, including transportation and subsistence during travel, to their homes in their communities of origin. The employer must provide such travel within 14 months of the initiation of the worker’s employment, and no more than 14 months can elapse between each required period of travel. (B) Limitation The cost of travel under subparagraph (A) need not exceed the lesser of— (i) the actual cost to the worker of the transportation and subsistence involved; or (ii) the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved. (5) Family housing An employer seeking to employ an H–2A worker pursuant to this subsection shall offer family housing to workers with families if such workers are engaged in agricultural employment that is not of a seasonal or temporary nature. The worker may reject such an offer. The employer may not charge the worker for the worker’s housing, except that if the worker accepts family housing, a prorated rent based on the fair market value for such housing may be charged for the worker’s family members. (6) Workplace safety plan for year-round employees (A) In general If an employer is seeking to employ a worker in agricultural labor or services pursuant to this subsection, the employer shall report all work-related incidents in accordance with the requirements under section 1904.39 of title 29, Code of Federal Regulations, and maintain an effective worksite safety and compliance plan to prevent workplace accidents and otherwise ensure safety. Such plan shall— (i) be in writing in English and, to the extent necessary, any language common to a significant portion of the workers if they are not fluent in English; and (ii) be posted at a conspicuous location at the worksite and provided to employees prior to the commencement of labor or services. (B) Contents of plan The Secretary of Labor, in consultation with the Secretary of Agriculture, shall establish by regulation the minimum requirements for the plan described in subparagraph (A). Such plan shall include measures to— (i) require workers (other than the employer’s family members) whose positions require contact with animals to complete animal care training, including animal handling and job-specific animal care; (ii) protect against sexual harassment and violence, resolve complaints involving harassment or violence, and protect against retaliation against workers reporting harassment or violence; and (iii) contain other provisions necessary for ensuring workplace safety, as determined by the Secretary of Labor, in consultation with the Secretary of Agriculture. (C) Clarification Nothing in this paragraph is intended— (i) to apply to persons or entities that are not seeking to employ workers under this section; or (ii) to limit any other Federal or State authority to promulgate, enforce, or maintain health and safety standards related to the dairy industry. (j) Eligibility for H–2A status and admission to the United States (1) Disqualification An alien shall be ineligible for admission to the United States as an H–2A worker pursuant to a petition filed under this section if the alien was admitted to the United States as an H–2A worker within the past 5 years of the date the petition was filed and— (A) violated a material provision of this section, including the requirement to promptly depart the United States when the alien’s authorized period of admission has expired, unless the alien has good cause for such failure to depart; or (B) otherwise violated a term or condition of admission into the United States as an H–2A worker. (2) Visa validity A visa issued to an H–2A worker shall be valid for 3 years and shall allow for multiple entries during the approved period of admission. (3) Period of authorized stay; admission (A) In general An alien admissible as an H–2A worker shall be authorized to stay in the United States for the period of employment specified in the petition approved by the Secretary of Homeland Security under this section. The maximum continuous period of authorized stay for an H–2A worker is 36 months. (B) Requirement to remain outside the United States In the case of an H–2A worker whose maximum continuous period of authorized stay (including any extensions) has expired, the alien may not again be eligible for such stay until the alien remains outside the United States for a cumulative period of at least 45 days. (C) Exceptions The Secretary of Homeland Security shall deduct absences from the United States that take place during an H–2A worker’s period of authorized stay from the period that the alien is required to remain outside the United States under subparagraph (B), if the alien or the alien’s employer requests such a deduction, and provides clear and convincing proof that the alien qualifies for such a deduction. Such proof shall consist of evidence including, but not limited to, arrival and departure records, copies of tax returns, and records of employment abroad. (D) Admission In addition to the maximum continuous period of authorized stay, an H–2A worker’s authorized period of admission shall include an additional period of 10 days prior to the beginning of the period of employment for the purpose of traveling to the place of employment and 45 days at the end of the period of employment for the purpose of traveling home or seeking an extension of status based on a subsequent offer of employment if the worker has not reached the maximum continuous period of authorized stay under subparagraph (A) (subject to the exceptions in subparagraph (C)). (4) Continuing H–2A workers (A) Successive employment An H–2A worker is authorized to start new or concurrent employment upon the filing of a nonfrivolous H–2A petition, or as of the requested start date, whichever is later if— (i) the petition to start new or concurrent employment was filed prior to the expiration of the H–2A worker’s period of admission as defined in paragraph (3)(D); and (ii) the H–2A worker has not been employed without authorization in the United States from the time of last admission to the United States in H–2A status through the filing of the petition for new employment. (B) Protection due to immigrant visa backlogs Notwithstanding the limitations on the period of authorized stay described in paragraph (3), any H–2A worker who— (i) is the beneficiary of an approved petition, filed under section 204(a)(1)(E) or (F) for preference status under section 203(b)(3)(A)(iii); and (ii) is eligible to be granted such status but for the annual limitations on visas under section 203(b)(3)(A), may apply for, and the Secretary of Homeland Security may grant, an extension of such nonimmigrant status until the Secretary of Homeland Security issues a final administrative decision on the alien’s application for adjustment of status or the Secretary of State issues a final decision on the alien’s application for an immigrant visa. (5) Abandonment of employment (A) In general Except as provided in subparagraph (B), an H–2A worker who abandons the employment which was the basis for the worker’s authorized stay, without good cause, shall be considered to have failed to maintain H–2A status and shall depart the United States or be subject to removal under section 237(a)(1)(C)(i). (B) Grace period to secure new employment An H–2A worker shall not be considered to have failed to maintain H–2A status solely on the basis of a cessation of the employment on which the alien’s classification was based for a period of 45 consecutive days, or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. (k) Required disclosures (1) Disclosure of work contract Not later than the time at which an H–2A worker applies for a visa, or not later than the date on which work commences for a worker in corresponding employment, the employer shall provide such worker with a copy of the work contract, which shall include all of the provisions under this section, or, in the absence of such a contract, a copy of the job order and the certification described in subparagraphs (B) and (D) of subsection (h)(2), which shall be deemed to be the work contract. An H–2A worker moving from one H–2A employer to a subsequent H–2A employer shall be provided with a copy of the new employment contract no later than the time at which an offer of employment is made by the subsequent employer. (2) Hours and earnings statements The employer shall furnish to H–2A workers, on or before each payday, in one or more written statements— (A) the H–2A worker’s total earnings for the pay period; (B) the H–2A worker’s hourly rate of pay, piece rate of pay, or both; (C) the hours of employment offered to the H–2A worker and the hours of employment actually worked by the H–2A worker; (D) if piece rates of pay are used, the units produced daily by the H–2A worker; (E) an itemization of the deductions made from the H–2A worker’s wages; and (F) any other information required by Federal, State or local law. (3) Notice of worker rights The employer shall post and maintain, in a conspicuous location at the place of employment, a poster provided by the Secretary of Labor in English, and, to the extent necessary, any language common to a significant portion of the workers if they are not fluent in English, which sets out the rights and protections for workers employed pursuant to this section. (l) Labor contractors; foreign labor recruiters; prohibition on fees (1) labor contractors (A) Surety bond An employer that is a labor contractor who seeks to employ H–2A workers shall maintain a surety bond in an amount required under subparagraph (B). Such bond shall be payable to the Secretary of Labor or pursuant to the resolution of a civil or criminal proceeding, for the payment of wages and benefits, including any assessment of interest, owed to an H–2A worker or a similarly employed worker, or a worker who has been rejected or displaced in violation of this section. (B) Amount of bond The Secretary of Labor shall annually publish in the Federal Register a schedule of required bond amounts that are determined by such Secretary to be sufficient for labor contractors to discharge financial obligations under this section based on the number of workers the labor contractor seeks to employ and the wages such workers are required to be paid. (C) Use of funds Any sums paid to the Secretary under subparagraph (A) that are not paid to a worker because of the inability to do so within a period of 5 years following the date of a violation giving rise to the obligation to pay shall remain available to the Secretary without further appropriation until expended to support the enforcement of this section. (2) Foreign labor recruiting If the employer has retained the services of a foreign labor recruiter, the employer shall use a foreign labor recruiter registered under section 251 of the Affordable and Secure Food Act of 2022 (3) Prohibition against employees paying fees Neither the employer nor its agents shall seek or receive payment of any kind from any worker for any activity related to the H–2A process, including payment of the employer’s attorneys’ fees, application fees, or recruitment costs. An employer and its agents may receive reimbursement for costs that are the responsibility and primarily for the benefit of the worker, such as government-required passport fees. (4) Third party contracts The contract between an employer and any labor contractor or any foreign labor recruiter (or any agent of such labor contractor or foreign labor recruiter) whom the employer engages shall include a term providing for the termination of such contract for cause if the contractor or recruiter, either directly or indirectly, in the placement or recruitment of H–2A workers seeks or receives payments or other compensation from prospective employees. Upon learning that a labor contractor or foreign labor recruiter has sought or collected such payments, the employer shall so terminate any contracts with such contractor or recruiter. (m) Enforcement authority (1) In general The Secretary of Labor is authorized to take such actions against employers, including issuing subpoenas, imposing appropriate penalties, and seeking monetary and injunctive relief and specific performance of contractual obligations, as may be necessary to ensure compliance with the requirements of this section and with the applicable terms and conditions of employment. The Solicitor of Labor may appear on behalf of and represent the Secretary of Labor in any civil litigation brought under this chapter, but all such litigation shall be subject to the direction and control of the Attorney General. (2) Complaint process (A) Process The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints alleging failure of an employer to comply with the requirements under this section and with the applicable terms and conditions of employment. (B) Filing A complaint referred to in subparagraph (A) may be filed not later than 2 years after the date of the conduct that is the subject of the complaint. (C) Complaint not exclusive A complaint filed under this paragraph is not an exclusive remedy and the filing of such a complaint does not waive any rights or remedies of the aggrieved party under this law or other laws. (D) Decision and remedies If the Secretary of Labor finds, after notice and opportunity for a hearing, that the employer failed to comply with the requirements of this section or the terms and conditions of employment, the Secretary of Labor may require payment of unpaid wages, unpaid benefits, fees assessed in violation of this section, damages, and civil money penalties. The Secretary is also authorized to impose other administrative remedies, including disqualification of the employer from utilizing the H–2A program for a period of up to 5 years in the event of willful or multiple material violations. The Secretary is authorized to permanently disqualify an employer from utilizing the H–2A program upon a subsequent finding involving willful or multiple material violations. (E) Disposition of penalties Civil penalties collected under this paragraph shall be deposited into the H–2A Labor Certification Fee Account established under section 203 of the Affordable and Secure Food Act of 2022 (3) Statutory construction Nothing in this subsection may be construed as limiting the authority of the Secretary of Labor to conduct an investigation— (A) under any other law, including any law affecting migrant and seasonal agricultural workers; or (B) in the absence of a complaint. (4) Retaliation prohibited It is a violation of this subsection for any person to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against, or to cause any person to intimidate, threaten, restrain, coerce, blacklist, or in any manner discriminate against, an employee, including a former employee or an applicant for employment, because the employee— (A) has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation under this section, or any rule or regulation relating to this section; (B) has filed a complaint concerning the employer’s compliance with the requirements under this section or any rule or regulation pertaining to this section; (C) cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer’s compliance with the requirements under this section or any rule or regulation pertaining to this section; or (D) has taken steps to exercise or assert any right or protection under the provisions of this section, or any rule or regulation pertaining to this section, or any other relevant Federal, State, or local law. (5) Interagency communication The Secretary of Labor, in consultation with the Secretary of Homeland Security, Secretary of State and the Equal Employment Opportunity Commission, shall establish mechanisms by which the agencies and their components share information, including by public electronic means, regarding complaints, studies, investigations, findings and remedies regarding compliance by employers with the requirements of the H–2A program and other employment-related laws and regulations. (n) Definitions In this section: (1) Displace The term displace (2) H–2A worker The term H–2A worker (3) Job order The term job order (4) Online job registry The term online job registry Affordable and Secure Food Act of 2022 (5) Similarly employed The term similarly employed (6) United States worker The term United States worker (A) a citizen or national of the United States; (B) an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized to be employed in the United States; (C) an alien granted certified agricultural worker status under title I of the Affordable and Secure Food Act of 2022 (D) an individual who is not an unauthorized alien (as defined in section 274A(h)(3)) with respect to the employment in which the worker is engaging. (o) Fees; authorization of appropriations (1) Fees (A) In general The Secretary of Homeland Security shall impose a fee to process petitions under this section. Such fee shall be set at a level that is sufficient to recover the reasonable costs of processing the petition, including the reasonable costs of providing labor certification by the Secretary of Labor. (B) Distribution Fees collected under subparagraph (A) shall be deposited as offsetting receipts into the immigration examinations fee account in section 286(m), except that the portion of fees assessed for the Secretary of Labor shall be deposited into the H–2A Labor Certification Fee Account established pursuant to section 203(c) of the Affordable and Secure Food Act of 2022 (2) Appropriations There are authorized to be appropriated for each fiscal year such sums as necessary for the purposes of— (A) recruiting United States workers for labor or services which might otherwise be performed by H–2A workers, including by ensuring that State workforce agencies are sufficiently funded to fulfill their functions under this section; (B) enabling the Secretary of Labor to make determinations and certifications under this section and under section 212(a)(5)(A)(i); (C) monitoring and enforcing the terms and conditions under which H–2A workers (and United States workers employed by the same employers) are employed in the United States; and (D) enabling the Secretary of Agriculture to carry out the Secretary of Agriculture’s duties and responsibilities under this section. . 203. Agency roles and responsibilities (a) Responsibilities of the Secretary of Labor With respect to the administration of the H–2A nonimmigrant visa program (referred to in this section as the H–2A program (1) consulting with State workforce agencies to— (A) review and process job orders; (B) facilitate the recruitment and referral of able, willing and qualified United States workers who will be available at the time and place needed; (C) determine prevailing wages and practices; and (D) conduct timely inspections to ensure compliance with applicable Federal, State, or local housing standards and Federal regulations for H–2A housing; (2) determining whether the employer has met the conditions for approval of the H–2A nonimmigrant visa petition described in section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 (3) determining, in consultation with the Secretary of Agriculture, whether a job opportunity is of a seasonal or temporary nature; (4) determining whether the employer has complied or will comply with the H–2A program requirements set forth in section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 (5) processing and investigating complaints consistent with section 218(m) of the Immigration and Nationality Act ( 8 U.S.C. 1188(m) (6) referring any matter as appropriate to the Inspector General of the Department of Labor for investigation; (7) ensuring that guidance to State workforce agencies to conduct wage surveys is regularly updated; and (8) issuing such rules and regulations as are necessary to carry out the Secretary of Labor’s responsibilities under this Act and the amendments made by this Act. (b) Responsibilities of the secretary of homeland security With respect to the administration of the H–2A program, the Secretary of Homeland Security shall be responsible for— (1) adjudicating petitions for the admission of nonimmigrants described in section 101(a)(15)(H)(2)(a) (referred to in this title as H–2A workers (2) transmitting a copy of the final decision on the petition to the employer, and in the case of approved petitions, ensuring that the petition approval is reflected in the electronic platform to facilitate the prompt issuance of a visa by the Department of State (if required) and the admission of the H–2A workers to the United States; (3) establishing a reliable and secure method through which H–2A workers can access information about their H–2A visa status, including information on pending, approved, or denied petitions to extend such status; (4) investigating and preventing fraud in the program, including the utilization of H–2A workers for other than allowable agricultural labor or services; and (5) issuing such rules and regulations as are necessary to carry out the Secretary of Homeland Security’s responsibilities under this Act and the amendments made by this Act. (c) Establishment of account; use of funds (1) Establishment of account There is established in the general fund of the Treasury a separate account, which shall be known as the H–2A Labor Certification Fee Account (A) collected as a civil penalty under section 218(m)(2)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1188(m)(2)(E) (B) collected as a fee under section 218(o)(1)(B) of such Act ( 8 U.S.C. 1188(o)(1)(B) (2) Use of funds (A) In general Except as otherwise provided in this paragraph, amounts deposited into the H–2A Labor Certification Fee Account shall be available (except as otherwise provided in this paragraph) without fiscal year limitation and without the requirement for specification in appropriations Acts to the Secretary of Labor for use, directly or through grants, contracts, or other arrangements, in such amounts as the Secretary of Labor determines are necessary for the costs of Federal and State administration in carrying out activities in connection with labor certification under section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 (B) Examples of approved costs Costs authorized under subparagraph (A) may include— (i) personnel salaries and benefits; (ii) equipment and infrastructure for adjudication and customer service processes; (iii) the operation and maintenance of an on-line job registry; and (iv) program integrity activities. (C) Considerations In determining what amounts to transfer to States for State administration in carrying out activities in connection with labor certification under section 218 of the Immigration and Nationality Act, the Secretary shall— (i) consider the number of H–2A workers employed in such State; and (ii) adjust the amount transferred to such State based on the proportion of H–2A workers employed in such State. (D) Audits; criminal investigations Ten percent of the amounts deposited into the H–2A Labor Certification Fee Account pursuant to paragraph (1) shall be available to the Office of Inspector General of the Department of Labor to conduct audits and criminal investigations relating to foreign labor certification programs. (3) Additional funds Amounts available under paragraph (1) shall be available in addition to any other funds appropriated or made available to the Department of Labor under other laws, including section 218(o)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1188(o)(2) 204. Worker protection and compliance (a) Equality of treatment H–2A workers may not be denied any right or remedy under any Federal, State, or local labor or employment law applicable to United States workers engaged in agricultural employment. (b) Applicability of other laws (1) Migrant and seasonal agricultural worker protection act H–2A workers shall be considered migrant agricultural workers for purposes of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. (2) Waiver of rights prohibited Agreements by H–2A workers to waive or modify any rights or protections under this Act or section 218 of the Immigration and Nationality Act, as amended by section 202, shall be considered void or contrary to public policy except as provided in a collective bargaining agreement with a bona fide labor organization. (3) Frivolous lawsuits prohibited A legal representative of an H–2A worker who seeks to enforce rights guaranteed under this Act or under section 218 of the Immigration and Nationality Act, as amended by section 202, shall comply with Rules 8 and 11 of the Federal Rules of Civil Procedure. (4) Demand letter prohibitions A legal representative of an H–2A worker, or a class of workers, may not send a demand letter to the employer of such worker, or class of workers, regarding a violation of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. (5) Third-party lawsuits All named plaintiffs in a lawsuit against the employer of an H–2A worker shall be a real party in interest and may not be a third party who is not an H–2A worker, except as otherwise expressly permitted under this Act or any other law. (6) Mediation (A) Free mediation services The Federal Mediation and Conciliation Service shall be available to assist in resolving disputes arising under this section between H–2A workers and agricultural employers without charge to the parties. (B) Lawsuits If an H–2A worker files a civil lawsuit alleging 1 or more violations of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. (C) Notice Upon filing a request under subparagraph (B) and giving of notice to the parties, the parties shall attempt mediation within the period specified in subparagraph (D), except that nothing in this paragraph shall limit the ability of a court to order preliminary injunctive relief to protect health and safety or to otherwise prevent irreparable harm. (D) 90-day limit The Federal Mediation and Conciliation Service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed 90 days beginning on the date on which the Federal Mediation and Conciliation Service receives a request for assistance under subparagraph (B) unless the parties agree to an extension of such period. (E) Authorization of appropriations (i) In general Subject to clause (ii), there is authorized to be appropriated to the Federal Mediation and Conciliation Service $5,600,000 for fiscal year 2023 and $4,600,000 for each of the following fiscal years to carry out this subparagraph. (ii) Mediation Notwithstanding any other provision of law, the Director of the Federal Mediation and Conciliation Service is authorized— (I) to conduct the mediation or other dispute resolution activities from any other account containing amounts available to the Director; and (II) to reimburse such account with amounts appropriated pursuant to clause (i). (F) Private mediation If all parties agree, a private mediator may be employed as an alternative to the Federal Mediation and Conciliation Service. (c) Farm labor contractor requirements (1) Surety bonds (A) Requirement Section 101 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1811 (e) A farm labor contractor shall maintain a surety bond in an amount determined by the Secretary to be sufficient for ensuring the ability of the farm labor contractor to discharge its financial obligations, including payment of wages and benefits to employees. Such a bond shall be available to satisfy any amounts ordered to be paid by the Secretary or by court order for failure to comply with the obligations of this Act. The Secretary of Labor shall annually publish in the Federal Register a schedule of required bond amounts that are determined by such Secretary to be sufficient for farm labor contractors to discharge financial obligations based on the number of workers to be covered. . (B) Registration determinations Section 103(a) of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1813(a) (i) in paragraph (4), by striking or (ii) in paragraph (5)(B), by striking or (iii) in paragraph (6), by striking the period at the end and inserting ; (iv) by adding at the end the following: (7) has failed to maintain a surety bond in compliance with section 101(e); or (8) has been disqualified by the Secretary of Labor from importing nonimmigrants described in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act. . (2) Successors in interest (A) Declaration Section 102 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1812 (i) in paragraph (4), by striking and (ii) in paragraph (5), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (6) a declaration, subscribed and sworn to by the applicant, stating whether the applicant has a familial, contractual, or employment relationship with, or shares vehicles, facilities, property, or employees with, a person who has been refused issuance or renewal of a certificate, or has had a certificate suspended or revoked, pursuant to section 103. . (B) Rebuttable presumption Section 103 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1813 (b) (1) There shall be a rebuttable presumption that an applicant for issuance or renewal of a certificate is not the real party in interest in the application if the applicant— (A) is the immediate family member of any person who has been refused issuance or renewal of a certificate, or has had a certificate suspended or revoked; and (B) identifies a vehicle, facility, or real property under paragraph (2) or (3) of section 102 that has been previously listed by a person who has been refused issuance or renewal of a certificate, or has had a certificate suspended or revoked. (2) An applicant described in paragraph (1) bears the burden of demonstrating to the Secretary’s satisfaction that the applicant is the real party in interest in the application. . (d) Conforming amendment Section 3(8)(B) of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802(8)(B) (B) The term migrant agricultural worker . 205. Report on wage protections (a) In general Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Secretary of Labor and the Secretary of Agriculture shall submit a report to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (1) whether, and the manner in which, the employment of H–2A workers in the United States has impacted the wages, working conditions, or job opportunities of United States farm workers; (2) whether, and the manner in which, the adverse effect wage rate increases or decreases wages on United States farms, broken down by geographic region and farm size; (3) whether any potential impact of the adverse effect wage rate varies based on the percentage of workers in a geographic region that are H–2A workers; (4) the degree to which the adverse effect wage rate is affected by the inclusion in wage surveys of piece rate compensation, bonus payments, and other pay incentives, and whether such forms of incentive compensation should be surveyed and reported separately from hourly base rates; (5) whether, and the manner in which, other factors may artificially affect the adverse effect wage rate, including factors that may be specific to a region, State, or region within a State; (6) whether, and the manner in which, the H–2A program affects the ability of United States farms to compete with agricultural commodities imported from outside the United States; (7) the number and percentage of farm workers in the United States whose incomes are below the poverty line; (8) whether alternative wage standards would be sufficient to prevent wages in occupations in which H–2A workers are employed from falling below the wage level that would have prevailed in the absence of the H–2A program; (9) whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage; and (10) recommendations for future wage protection for United States farm workers. (b) Interviews In gathering information for the report required by subsection (a), the Secretary of Labor and the Secretary of Agriculture shall interview equal numbers of representatives of agricultural employers and agricultural workers, both locally and nationally. 206. Portable H–2A visa pilot program (a) Establishment of pilot program (1) In general (A) Rulemaking Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall promulgate regulations establishing a 6-year pilot program to facilitate the free movement and employment of temporary or seasonal H–2A workers to perform agricultural labor or services for agricultural employers registered with the Secretary of Agriculture. (B) Program requirements Notwithstanding the requirements under section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 (C) Defined terms In this section: (i) Portable H–2A worker The term portable H–2A worker (ii) Portable H–2A status The term portable H–2A status (2) Online platform (A) Establishment The Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall establish and maintain an online electronic platform to connect portable H–2A workers with registered agricultural employers seeking workers to perform temporary or seasonal agricultural labor or services. (B) Posting of job opportunities Employers shall post information regarding available job opportunities on the platform established pursuant to subparagraph (A), which shall include— (i) a description of the nature and location of the work to be performed; (ii) the anticipated period or periods during which workers are needed; and (iii) the terms and conditions of employment. (C) Search criteria The platform established pursuant to subparagraph (A) shall allow portable H–2A workers to search for available job opportunities using relevant criteria, including the types of jobs needed to be filled and the dates and locations workers are needed by an employer. (3) Limitation Notwithstanding the issuance of the regulation described in paragraph (1), the Secretary of State may not issue a portable H–2A visa and the Secretary of Homeland Security may not confer portable H–2A status on any alien until the Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Agriculture, determines that— (A) a sufficient number of employers have been designated as registered agricultural employers pursuant to subsection (b)(1); and (B) the employers referred to in subparagraph (A) have sufficient job opportunities to employ a reasonable number of portable H–2A workers to initiate the pilot program. (b) Pilot program elements (1) Registered agricultural employers (A) Designation Agricultural employers shall be provided the ability to seek designation as registered agricultural employers. Reasonable fees may be assessed commensurate with the cost of processing applications for designation. A designation shall be valid for a period of up to 3 years unless revoked for failure to comply with program requirements. Registered employers that comply with program requirements may apply to renew such designation for additional periods of up to 3 years for the duration of the pilot program established pursuant to subsection (a). (B) Limitations Registered agricultural employers— (i) may employ aliens with portable H–2A status without filing a petition; and (ii) shall pay such aliens not less than the wage required under section 218(d) of the Immigration and Nationality Act, as amended by section 202. (C) Workers’ compensation If a job opportunity is not covered by, or is exempt from, the applicable State workers’ compensation law, a registered agricultural employer shall provide to portable H–2A workers, at no cost to such workers, insurance covering injury and disease arising out of, and in the course of, the worker’s employment, which will provide benefits that are at least equal to the benefits provided under the applicable State workers’ compensation law. (2) Designated workers (A) In general Individuals who were previously admitted to the United States in H–2A status, and have maintained such status during the period of their admission, may apply for portable H–2A status. Portable H–2A workers shall be subject to the provisions regarding visa validity and periods of authorized stay and admission applicable to H–2A workers described in paragraphs (2) and (3) of section 218(j) of the Immigration and Nationality Act, as added by section 202. (B) Limitations on availability of portable H–2A status (i) Initial offer of employment required An alien may not be granted portable H–2A status without an initial valid offer of employment from a registered agricultural employer to perform temporary or agricultural labor or services. (ii) Numerical limitations (I) In general Subject to subclause (II), the total number of aliens who may simultaneously hold valid portable H–2A status may not exceed 10,000. (II) Further limitation The Secretary of Homeland Security may further limit the total number of aliens who may be granted portable H–2A status if the Secretary determines that there are an insufficient number of registered agricultural employers or job opportunities to support the employment of the number of portable H–2A workers authorized under subclause (I). (C) Scope of employment A portable H–2A worker, during the period of his or her admission, may perform temporary or seasonal agricultural labor or services for any employer in the United States that is designated as a registered agricultural employer pursuant to paragraph (1). An employment arrangement under this section may be terminated by the portable H–2A worker or the registered agricultural employer at any time. (D) Maintenance of status (i) Transfer to new employment If a portable H–2A worker desires to maintain portable H–2A status after the conclusion of such worker's employment with a registered agricultural employer, such worker shall secure new employment with another registered agricultural employer not later than 60 days after the last day of employment with the previous employer. (ii) Maintenance of status A portable H–2A worker who does not secure new employment with a registered agricultural employer during the 60-day period referred to in clause (i)— (I) shall be considered to have failed to maintain portable H–2A status; and (II) shall depart the United States or be subject to removal under section 237(a)(1)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(1)(C)(i) (3) Enforcement (A) In general The Secretary of Labor shall conduct investigations and random audits of employers to ensure compliance with the employment-related requirements under this section, in accordance with section 218(m) of the Immigration and Nationality Act, as added by section 202. (B) Penalties The Secretary of Labor is authorized to collect reasonable civil penalties for violations of this section, which may be expended by the Secretary for the administration and enforcement of this section. (4) Eligibility for services Section 305 of the Immigration Reform and Control Act of 1986 ( 8 U.S.C. 1101 other employment rights as provided in the worker’s specific contract under which the nonimmigrant was admitted employment-related rights (c) Report Not later than 30 months after the commencement of the pilot program established pursuant to subsection (a), the Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall submit a report to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (1) the number of employers designated as registered agricultural employers, disaggregated by geographic region, farm size, and the number of job opportunities offered by such employers; (2) the number of employers whose designation as a registered agricultural employer was revoked; (3) the number of individuals granted portable H–2A status during each fiscal year and the number of such individuals who maintained portable H–2A status during all or a portion of the 3-year period of the pilot program; (4) an assessment of the impact of the pilot program on the wages and working conditions of United States farm workers; (5) the results of a survey of individuals granted portable H–2A status that describes their experiences with and their feedback regarding the pilot program; (6) the results of a survey of registered agricultural employers that describes their experiences with and their feedback regarding the pilot program; (7) an assessment regarding whether the pilot program should be continued and any recommendations for improving the pilot program; and (8) findings and recommendations regarding effective recruitment mechanisms, including the use of new technology— (A) to match workers with employers; and (B) to ensure compliance with applicable labor and employment laws and regulations. 207. Improving access to permanent residence (a) Worldwide level Section 201(d)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d)(1)(A) 140,000 200,000 (b) Visas for farm workers Section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) (1) in paragraph (1) by striking 28.6 percent of such worldwide level 40,040 (2) in paragraph (2)(A) by striking 28.6 percent of such worldwide level 40,040 (3) in paragraph (3)— (A) in subparagraph (A)— (i) in the matter before clause (i), by striking 28.6 percent of such worldwide level 100,040 (ii) by amending clause (iii) to read as follows: (iii) Other workers Other qualified immigrants who, at the time of petitioning for classification under this paragraph— (I) are capable of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States; or (II) can demonstrate employment in the United States as an H–2A nonimmigrant worker for at least 100 days in each of at least 10 years or for at least 1,000 days within the preceding 10-year period. ; (B) by amending subparagraph (B) to read as follows: (B) Visas allocated for other workers (i) In general Except as provided in clauses (ii) and (iii), 60,000 of the visas made available under this paragraph shall be reserved for qualified immigrants described in subparagraph (A)(iii). (ii) Preference for agricultural workers Subject to clause (iii), not fewer than 50,000 of the visas described in clause (i) shall be reserved for— (I) qualified immigrants described in subparagraph (A)(iii)(I) who will be performing agricultural labor or services in the United States; and (II) qualified immigrants described in subparagraph (A)(iii)(II). (iii) Exception If because of the application of clause (ii), the total number of visas available under this paragraph for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, clause (ii) shall not apply to visas under this paragraph during the remainder of such calendar quarter. (iv) No per country limits Visas described under clause (ii) shall be issued without regard to the numerical limitation under section 202(a)(2). ; and (C) by amending subparagraph (C) by striking An immigrant visa Except for qualified immigrants petitioning for classification under subparagraph (A)(iii)(II), an immigrant visa (4) in paragraph (4), by striking 7.1 percent of such worldwide level 9,940 (5) in paragraph (5)(A), in the matter before clause (i), by striking 7.1 percent of such worldwide level 9,940 (c) Western Hemisphere procedures The Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of State, may— (1) identify countries in the Western Hemisphere with large flows of migration outside of normal trade and travel routes to the United States; and (2) develop tools and resources and establish procedures to connect prospective workers described in section 203(b)(3)(A)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(3)(A)(iii) (d) Petitioning procedure Section 204(a)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(E) or 203(b)(3)(A)(iii)(II) 203(b)(1)(A) (e) Dual intent Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) section 101(a)(15)(H)(i) except subclause (b1) of such section clause (i), except subclause (b1), or (ii)(a) of section 101(a)(15)(H) B Preservation and construction of farm worker housing 220. Short title This subtitle may be cited as the Strategy and Investment in Rural Housing Preservation Act of 2022 221. New farm worker housing Section 513(e) of the Housing Act of 1949 ( 42 U.S.C. 1483(e) (e) Funding for farm worker housing (1) Section 514 farm worker housing loans (A) Insurance authority The Secretary of Agriculture, to the extent approved in appropriation Acts, may insure loans under section 514 totaling not more than $20,000,000 during each of the fiscal years 2023 through 2032. (B) Authorization of appropriations There is authorized to be appropriated $75,000,000 for each of the fiscal years 2023 through 2032 for the cost (as such term is defined in section 502(5) of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a(5) (2) Section 516 grants for farmworker housing There is authorized to be appropriated $30,000,000 for each of the fiscal years 2023 through 2032 for financial assistance authorized under section 516. (3) Section 521 housing assistance There is authorized to be appropriated $26,800,000 for each of the fiscal years 2023 through 2032 for— (A) rental assistance agreements entered into or renewed pursuant to section 521(a)(2); or (B) agreements entered into in lieu of debt forgiveness or payments for eligible households authorized under section 502(c)(5)(D). (4) Administrative expenses There is authorized to be appropriated 5 percent of any amounts made available for the housing assistance program under this section for any fiscal year, which shall be used for administrative expenses for such program. . 222. Loan and grant limitations Section 514 of the Housing Act of 1949 ( 42 U.S.C. 1484 (d) Per project limitations on assistance If the Secretary, in making available assistance in any area under this section or section 516, establishes a limitation on the amount of assistance available per project, the limitation on a grant or loan award per project shall not be less than $5,000,000. . 223. Operating assistance subsidies Section 521(a)(5) of the Housing Act of 1949 ( 42 U.S.C. 1490a(a)(5) (1) in subparagraph (A) by striking migrant farmworkers migrant farm workers or domestic farm labor legally admitted to the United States and authorized to work in agriculture (2) in subparagraph (B)— (A) by striking In any fiscal year (i) Housing for migrant farm workers In any fiscal year ; (B) by inserting providing housing for migrant farm workers any project (C) by adding at the end the following: (ii) Housing for other farm labor The assistance provided under this paragraph in any fiscal year for any project providing housing for domestic farm labor legally admitted to the United States and authorized to work in agriculture may not exceed an amount equal to 50 percent of the operating costs for such project for such year, as determined by the Secretary. The owner of such project does not qualify for operating assistance unless the Secretary certifies that— (I) such project was unoccupied or underutilized before making units available to such farm labor; and (II) a grant under this section will not displace any farm worker who is a United States worker. ; and (3) in subparagraph (D)— (A) by redesignating clauses (i) and (ii) as clause (ii) and (iii), respectively; and (B) by inserting before clause (ii), as redesignated, the following: (iii) The term domestic farm labor . 224. 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 paragraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) upon the 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 equal to the shorter of 20 years or the term of the loan, subject to amounts made available for such purpose in appropriations Acts; ; and (2) by adding at the end the following: (3) If any rental assistance contract authority 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 such assistance is made available pursuant to subparagraph (B) during which the owner may use such assistance authority to provide assistance on behalf of an eligible unassisted family that— (i) is residing in the same rental project that the assisted family resided in prior to such termination; or (ii) newly occupies a dwelling unit in such rental project during such period; and (B) except for assistance used in accordance with subparagraph (A), the Secretary shall use such remaining authority to provide such assistance on behalf of eligible families residing in other rental projects originally financed under section 515 or under sections 514 and 516. . 225. 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 The Secretary, in consultation with the Under Secretary of Agriculture for Rural Development, may provide rural housing vouchers under this section for any low-income household (including households not receiving rental assistance) residing in a property financed with a loan made or insured under section 514 or 515 which has been prepaid without restrictions imposed by the Secretary pursuant to section 502(c)(5)(G)(ii)(I), has been foreclosed, or has matured after September 30, 2005, or residing in a property assisted under section 514 or 516 that is owned by a nonprofit organization or public agency. . 226. 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 that preserves and revitalizes multifamily rental housing projects financed under section 515 or under sections 514 and 516. (b) Notice of maturing loans (1) To owners The Secretary shall provide annual written notice to each owner of a property financed under section 515 or under sections 514 and 516 that will mature during the 4-year period beginning on the date on which such notice is provided. Such notice shall set forth— (A) the options and financial incentives that are available to facilitate the extension of the loan term; or (B) the option to decouple a rental assistance contract pursuant to subsection (f). (2) To tenants (A) In general Not later than 2 years before the date of maturity of a loan authorized under section 515 or under sections 514 and 516 for real property, the owner of such property who received a notice pursuant to paragraph (1) shall provide written notice to each household residing in such property to inform the household of— (i) the date of the loan maturity; (ii) the possible actions that may happen with respect to the property on or after such date; and (iii) how to protect their right to reside in federally assisted housing after such date. (B) Language Each notice provided under subparagraph (A)— (i) shall be written in plain English; and (ii) shall be translated to other languages if the relevant property is located in an area in which a significant number of residents speak such other languages. (C) Notice template Not later than 1 year after the date of the enactment of this Act, the Under Secretary of Agriculture for Rural Development, in consultation with the Secretary of Housing and Urban Development, should publish a template of a notice that owners may use to provide the information required under this paragraph to their tenants. (c) Loan restructuring Under the program carried out under this section, the Secretary may restructure such existing housing loans as the Secretary considers appropriate to ensure that such 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 If the Secretary offers 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, subject to annual appropriations, if the property owner agrees to bring the property up to such standards that will ensure its maintenance as decent, safe, and sanitary housing for the full term of the rental assistance contract. (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 the provisions under this title. (2) Term (A) No extension of rental assistance contract Unless the Secretary enters into a 20-year extension of the rental assistance contract for the project, the term of the restrictive use agreement for the project shall be equal to 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 20 years. (C) Termination The Secretary may terminate the 20-year use restrictive use agreement for a project before the end of its term if the 20-year rental assistance contract for the project with the owner is terminated at any time for reasons outside the owner’s control. (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) 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 at least 10 years but not more than 20 years. (2) 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 (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), a tenant residing in such project shall have 18 months prior to loan maturation or prepayment to transfer the rental assistance assigned to the tenant’s unit to another rental project originally financed under section 515 or both sections 514 and 516, and the owner of the initial project may rent the tenant’s previous unit 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 $100,000,000 for each of the fiscal years 2023 through 2027. . 227. Amount of voucher assistance Notwithstanding any other provision of law, the amount of the monthly assistance payment for the household on whose behalf a rural housing voucher is provided pursuant to section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r 228. Funding for multifamily technical improvements (a) Authorization of appropriations There is authorized to be appropriated to the Department of Agriculture $50,000,000 for fiscal year 2023, which shall be used to improve the technology of the Department of Agriculture that is used to process loans for multifamily housing and otherwise managing such housing. (b) Availability of funds The improvements authorized under subsection (a) shall be made during the 5-year period beginning upon the date that the amounts appropriated under such subsection are available. Such amounts shall remain available until the last day of such 5-year period. 229. Plan for preserving affordability of rental projects (a) Plan Not later than 6 months after the date of the enactment of this Act, the Secretary of Agriculture (referred to in this section as the Secretary (1) set forth specific performance goals and measures; (2) set forth the specific actions and mechanisms by which such 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) Consultation (1) In general Not less frequently than quarterly, the Secretary shall consult with the individuals described in paragraph (2) to assist the Secretary— (A) in preserving the properties described in subsection (a) through the housing preservation and revitalization program authorized under section 545 of the Housing Act of 1949, as added by section 226; and (B) in implementing the plan required under subsection (a). (2) Consultees The individuals described in this paragraph are— (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) 2 representatives of for-profit developers or owners of multifamily rural rental housing; (D) 2 representatives of nonprofit developers or owners of multifamily rural rental housing; (E) 2 representatives of State housing finance agencies; (F) 2 representatives of tenants of multifamily rural rental housing; (G) 1 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) 1 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 such housing; (I) 1 representative of low-income housing tax credit investors; (J) 1 representative of regulated financial institutions that finance affordable multifamily rural rental housing developments; and (K) 2 representatives from nonprofit organizations representing farm workers, including one organization representing farm worker women. (3) Conduct of consultations In consulting with the individuals described in paragraph (2), the Secretary may request that such individuals— (A) assist the Rural Housing Service of the Department of Agriculture to improve estimates of the size, scope, and condition of the rental housing portfolio of the Service, including the time frames for maturity of mortgages and costs for preserving the portfolio as affordable housing; (B) review current policies and procedures of the Rural Housing Service regarding— (i) the preservation of affordable rental housing financed under sections 514, 515, 516, and 538 of the Housing Act of 1949 ( 42 U.S.C. 1484 (ii) the housing preservation and revitalization program authorized under section 545 of such Act, as added by section 226; and (iii) the rental assistance program; (C) make recommendations regarding improvements and modifications to the policies and procedures referred to in subparagraph (B); and (D) provide ongoing review of Rural Housing Service program results. (4) Travel costs Any amounts made available for administrative costs of the Department of Agriculture may be used for costs of travel by individuals described in paragraph (2) to carry out the activities described in paragraph (3). 230. Covered housing programs Section 41411(a)(3) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a)(3) (1) in subparagraph (O), by striking and (2) by redesignating subparagraph (P) as subparagraph (Q); and (3) by inserting after subparagraph (O) the following: (P) rural development housing voucher assistance provided by the Secretary of Agriculture pursuant to section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r . 231. Eligibility of certified workers Section 214(a) of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a(a) (1) in paragraph (6), by striking or (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following: (7) an alien granted certified agricultural worker or certified agricultural dependent status under title I of the Affordable and Secure Food Act of 2022 . C Foreign Labor Recruiter Accountability 251. Definitions In this subtitle: (1) Foreign labor recruiter The term foreign labor recruiter 8 U.S.C. 1101(a)(15)(H)(ii)(a) (2) Foreign labor recruiting activity The term foreign labor recruiting activity (3) Person The term person (4) Recruitment fees The term recruitment fees 252. Registration of foreign labor recruiters (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of State and the Secretary of Homeland Security, shall establish procedures for the electronic registration of foreign labor recruiters engaged in the recruitment of nonimmigrant workers described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) (b) Procedural requirements The procedures described in subsection (a) shall— (1) require the applicant to submit a sworn declaration— (A) stating the applicant’s permanent place of residence or principal place of business, as applicable; (B) describing the foreign labor recruiting activities in which the applicant is engaged; and (C) including such other relevant information as the Secretary of Labor and the Secretary of State may require; (2) include an expeditious means to update and renew registrations; (3) include a process, which shall include the placement of personnel at each United States diplomatic mission in accordance with subsection (g)(2), to receive information from the public regarding foreign labor recruiters who have allegedly engaged in a foreign labor recruiting activity that is prohibited under this subtitle; (4) include procedures for the receipt and processing of complaints against foreign labor recruiters and for remedies, including the revocation of a registration or the assessment of fines upon a determination by the Secretary of Labor that the foreign labor recruiter has violated the requirements under this subtitle; (5) require the applicant to post a bond in an amount sufficient to ensure the ability of the applicant to discharge its responsibilities and ensure protection of workers, including payment of wages; and (6) allow the Secretary of Labor and the Secretary of State to consult with other appropriate Federal agencies to determine whether any reason exists to deny registration to a foreign labor recruiter or revoke such registration. (c) Attestations Foreign labor recruiters registering under this subtitle shall attest and agree to abide by the following requirements: (1) Prohibited fees The foreign labor recruiter, including any agent or employee of such foreign labor recruiter, shall not assess any recruitment fees on a worker for any foreign labor recruiting activity. (2) Prohibition on false and misleading information The foreign labor recruiter shall not knowingly provide materially false or misleading information to any worker concerning any matter required to be disclosed under this subtitle. (3) Required disclosures The foreign labor recruiter shall ascertain and disclose to the worker in writing in English and in the primary language of the worker at the time of the worker’s recruitment, the following information: (A) The identity and address of the employer and the identity and address of the person conducting the recruiting on behalf of the employer, including each subcontractor or agent involved in such recruiting. (B) A copy of the approved job order or work contract under section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 (C) A statement, in a form specified by the Secretary— (i) describing the general terms and conditions associated with obtaining an H–2A nonimmigrant visa and maintaining H–2A nonimmigrant status; (ii) affirming the prohibition on the assessment of fees described in paragraph (1), and explaining that such fees, if paid by the employer, may not be passed on to the worker; (iii) describing the protections afforded the worker under this subtitle, including procedures for reporting violations to the Secretary of State, filing a complaint with the Secretary of Labor, or filing a civil action; and (iv) describing the protections afforded the worker by section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375b (4) Bond The foreign labor recruiter shall agree to maintain a bond sufficient to ensure the ability of the foreign labor recruiter to discharge its responsibilities and ensure protection of workers, and to forfeit such bond in an amount determined by the Secretary under subsections (b)(1)(C)(ii) or (c)(2)(C) of section 253 for failure to comply with the provisions under this subtitle. (5) Cooperation in investigation The foreign labor recruiter shall agree to cooperate in any investigation under section 253 by the Secretary or other appropriate authorities. (6) No retaliation The foreign labor recruiter shall agree to refrain from intimidating, threatening, restraining, coercing, discharging, blacklisting or in any other manner discriminating or retaliating against any worker or their family members (including a former worker or an applicant for employment) because such worker disclosed information to any person based on a reason to believe that the foreign labor recruiter, or any agent or subcontractee of such foreign labor recruiter, is engaging or has engaged in a foreign labor recruiting activity that does not comply with this subtitle. (7) Employees, agents, and subcontractees The foreign labor recruiter shall consent to be liable for the conduct of any agents or subcontractees of any level in relation to the foreign labor recruiting activity of the agent or subcontractee to the same extent as if the foreign labor recruiter had engaged in such conduct. (8) Enforcement If the foreign labor recruiter is conducting foreign labor recruiting activity wholly outside the United States, such foreign labor recruiter shall— (A) establish a registered agent in the United States who is authorized to accept service of process on behalf of the foreign labor recruiter for the purpose of any administrative proceeding under this title or in any civil action in any Federal or State court, if such service is made in accordance with the appropriate Federal or State rules for service of process, as applicable; and (B) as a condition of registration, consent to the jurisdiction of any Federal or State court in a State where recruited workers are placed. (d) Term of registration Unless suspended or revoked, a registration under this section shall be valid for 2 years. (e) Application fee The Secretary of Labor shall require a foreign labor recruiter that submits an application for registration under this section to pay a reasonable fee, sufficient to cover the full costs of carrying out the registration activities under this subtitle. (f) Notification (1) Employer notification (A) In general Not less frequently than once every year, an employer of H–2A workers shall provide the Secretary with the names and addresses of all foreign labor recruiters engaged to perform foreign labor recruiting activity on behalf of the employer, whether the foreign labor recruiter is to receive any economic compensation for such services, and, if so, the identity of the person or entity who is paying for the services. (B) Agreement to cooperate In addition to the requirements of subparagraph (A), the employer shall— (i) provide to the Secretary the identity of any foreign labor recruiter whom the employer has reason to believe is engaging in foreign labor recruiting activities that do not comply with this subtitle; and (ii) promptly respond to any request by the Secretary for information regarding the identity of a foreign labor recruiter with whom the employer has a contract or other agreement. (2) Foreign labor recruiter notification A registered foreign labor recruiter shall notify the Secretary, not less frequently than once every year, of the identity of any subcontractee, agent, or foreign labor recruiter employee involved in any foreign labor recruiting activity for, or on behalf of, the foreign labor recruiter. (g) Additional responsibilities of the Secretary of State (1) Lists The Secretary of State, in consultation with the Secretary of Labor shall maintain and make publicly available in written form and on the websites of United States embassies in the official language of that country, and on websites maintained by the Secretary of Labor, regularly updated lists— (A) of foreign labor recruiters who hold valid registrations under this section, including— (i) the name and address of the foreign labor recruiter; (ii) the countries in which such recruiters conduct recruitment; (iii) the employers for whom recruiting is conducted; (iv) the occupations that are the subject of recruitment; (v) the States where recruited workers are employed; and (vi) the name and address of the registered agent in the United States who is authorized to accept service of process on behalf of the foreign labor recruiter; and (B) of foreign labor recruiters whose registration the Secretary has revoked. (2) Personnel The Secretary of State shall ensure that each United States diplomatic mission is staffed with a person who shall be responsible for receiving information from members of the public regarding potential violations of the requirements applicable to registered foreign labor recruiters and ensuring that such information is conveyed to the Secretary of Labor for evaluation and initiation of an enforcement action, if appropriate. (3) Visa application procedures The Secretary of State shall ensure that consular officers issuing visas to nonimmigrants under section 101(a)(1)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 11001(a)(1)(H)(ii)(a) (A) provide to and review with the applicant, in the applicant’s language (or a language the applicant understands), a copy of the information and resources pamphlet required by section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375b (B) ensure that the applicant has a copy of the approved job offer or work contract; (C) note in the visa application file whether the foreign labor recruiter has a valid registration under this section; and (D) if the foreign labor recruiter holds a valid registration, review and include in the visa application file, the foreign labor recruiter’s disclosures required by subsection (c)(3). (4) Data The Secretary of State shall make publicly available online, on an annual basis, data disclosing the gender, country of origin (and State, county, or province, if available), age, wage, level of training, and occupational classification, disaggregated by State, of nonimmigrant workers described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) 253. Enforcement (a) Denial or revocation of registration (1) Grounds for denial or revocation The Secretary of Labor shall deny an application for registration, or revoke a registration, if the Secretary determines that the foreign labor recruiter, or any agent or subcontractee of such foreign labor recruiter— (A) knowingly made a material misrepresentation in the registration application; (B) materially failed to comply with one or more of the attestations provided under section 252(c); or (C) is not the real party in interest. (2) Notice Before denying an application for registration or revoking a registration under this subsection, the Secretary of Labor shall provide written notice of the intent to deny or revoke the registration to the foreign labor recruiter. Such notice shall— (A) articulate with specificity all grounds for denial or revocation; and (B) provide the foreign labor recruiter with not less than 60 days to respond. (3) Re-registration A foreign labor recruiter whose registration was revoked under subsection (a) may re-register if the foreign labor recruiter demonstrates, to the Secretary of Labor’s satisfaction, that the foreign labor recruiter— (A) has not violated any requirement under this subtitle during the 5-year period immediately preceding the date on which an application for registration was filed; and (B) has taken sufficient steps to prevent future violations of this subtitle. (b) Administrative enforcement (1) Complaint process (A) Filing A complaint may be filed with the Secretary of Labor, in accordance with the procedures established under section 252(b)(4) not later than 2 years after the earlier of— (i) the date on which the last action constituting the conduct that is the subject of the complaint took place; or (ii) the date on which the aggrieved party had actual knowledge of such conduct. (B) Decision and penalties If the Secretary of Labor determines, after notice and an opportunity for a hearing, that a foreign labor recruiter failed to comply with any of the requirements under this subtitle, the Secretary of Labor may— (i) levy a fine against the foreign labor recruiter in an amount not more than— (I) $10,000 per violation; and (II) $25,000 per violation, upon the third violation; (ii) order the forfeiture (or partial forfeiture) of the bond and release of as much of the bond as the Secretary determines is necessary for the worker to recover prohibited recruitment fees; (iii) refuse to issue or renew a registration, or revoke a registration; or (iv) disqualify the foreign labor recruiter from registration for a period of up to 5 years, or in the case of a subsequent finding involving willful or multiple material violations, permanently disqualify the foreign labor recruiter from registration. (2) Authority to ensure compliance The Secretary of Labor is authorized to take other such actions, including issuing subpoenas and seeking appropriate injunctive relief, as may be necessary to assure compliance with the terms and conditions of this subtitle. (3) Statutory construction Nothing in this subsection may be construed as limiting the authority of the Secretary of Labor to conduct an investigation— (A) under any other law, including any law affecting migrant and seasonal agricultural workers; or (B) in the absence of a complaint. (c) Civil action (1) In general The Secretary of Labor or any person aggrieved by a violation of this subtitle may bring a civil action against any foreign labor recruiter, or any employer that does not meet the requirements under subsection (d)(1), in any court of competent jurisdiction— (A) to seek remedial action, including injunctive relief; and (B) for damages in accordance with the provisions of this subsection. (2) Award for civil action filed by an individual (A) In general If a court finds, in a civil action filed by an individual under paragraph (1), that the defendant has violated any provision of this subtitle, the court may award— (i) damages, up to and including an amount equal to the amount of actual damages, and statutory damages of up to $1,000 per plaintiff per violation, or other equitable relief, except that with respect to statutory damages— (I) multiple infractions of a single provision of this subtitle (or of a regulation under this subtitle) shall constitute only one violation for purposes of this subsection to determine the amount of statutory damages due a plaintiff; and (II) if such complaint is certified as a class action the court may award— (aa) damages up to an amount equal to the amount of actual damages; and (bb) statutory damages of not more than the lesser of up to $1,000 per class member per violation, or up to $500,000; and other equitable relief; (ii) reasonable attorneys’ fees and costs; and (iii) such other and further relief as necessary to effectuate the purposes of this subtitle. (B) Criteria In determining the amount of statutory damages to be awarded under subparagraph (A), the court may consider whether an attempt was made to resolve the issues in dispute before the resort to litigation. (C) Bond To satisfy the damages, fees, and costs found owing under this paragraph, the Secretary shall release as much of the bond held pursuant to section 252(c)(4) as is necessary. (3) Sums recovered in actions by the secretary of labor (A) Establishment of account There is established in the general fund of the Treasury a separate account, which shall be known as the H–2A Foreign Labor Recruiter Compensation Account (B) Use of funds Amounts deposited into the H–2A Foreign Labor Recruiter Compensation Account shall be paid directly to each worker affected by a violation under this subtitle. Any such sums not paid to a worker because of inability to do so within a period of 5 years following the date such funds are deposited into the account shall remain available to the Secretary until expended. The Secretary may transfer all or a portion of such remaining sums to appropriate agencies to support the enforcement of the laws prohibiting the trafficking and exploitation of persons or programs that aid trafficking victims. (d) Employer safe harbor (1) In general An employer that hires workers referred by a foreign labor recruiter with a valid registration at the time of hiring shall not be held jointly liable for a violation committed solely by a foreign labor recruiter under this subtitle— (A) in any administrative action initiated by the Secretary concerning such violation; or (B) in any Federal or State civil court action filed against the foreign labor recruiter by or on behalf of such workers or other aggrieved party under this subtitle. (2) Rule of construction Nothing in this subtitle may be construed to prohibit an aggrieved party or parties from bringing a civil action for violations of this subtitle or any other Federal or State law against any employer who hired workers referred by a foreign labor recruiter— (A) without a valid registration at the time of hire; or (B) with a valid registration if the employer knew or learned of the violation and failed to report such violation to the Secretary of Labor. (e) Parole To pursue relief If other immigration relief is not available, the Secretary of Homeland Security may grant parole to permit an individual to remain legally in the United States for time sufficient to fully and effectively participate in all legal proceedings related to any action taken pursuant to subsection (b) or (c) or section 202, 204, or 206. (f) Waiver of rights Agreements by employees purporting to waive or to modify their rights under this subtitle shall be void as contrary to public policy. (g) Liability for agents Foreign labor recruiters shall be subject to the provisions of this section for violations committed by the foreign labor recruiter’s agents or subcontractees of any level in relation to their foreign labor recruiting activity to the same extent as if the foreign labor recruiter had committed such a violation. 254. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary for the Secretary of Labor and the Secretary of State to carry out the provisions of this subtitle. III Electronic Verification of Employment Eligibility 301. Electronic employment eligibility verification system (a) In general Chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. 274E. Requirements for the electronic verification of employment eligibility (a) Employment eligibility verification system (1) In general The Secretary of Homeland Security (referred to in this section as the Secretary System 8 U.S.C. 1324a Affordable and Secure Food Act of 2022 8 U.S.C. 1324a (A) respond to legitimate inquiries made by persons or entities seeking to verify the identity and employment authorization of individuals that such persons or entities have hired, or to recruit or refer for a fee, for employment in the United States; and (B) maintain records of the inquiries that were made, and of verifications provided (or not provided) to such persons or entities as evidence of compliance with the requirements of this section. (2) Initial response deadline (A) In general The System shall provide confirmation or a tentative nonconfirmation of an individual’s identity and employment authorization as soon as practicable, but not later than 3 calendar days after the initial inquiry. (B) Extension of time period If a person or other entity attempts in good faith to make an inquiry through the System during a period in which the System is offline due to a technical issue, a natural disaster, or another reason, the System shall provide the confirmation or nonconfirmation required under subparagraph (A) as soon as practicable after the System becomes fully operational. (3) General design and operation of system The Secretary shall design and operate the System— (A) using responsive web design and other technology approaches to maximize its ease of use and accessibility for users on a variety of electronic devices and screen sizes, and in remote locations; (B) to maximize the accuracy of responses to inquiries submitted by persons or entities; (C) to maximize the reliability of the System and to register each instance when the System is unable to receive inquiries; (D) to maintain and safeguard the privacy and security of the personally identifiable information maintained by or submitted to the System, in accordance with applicable law; (E) to provide direct notification of an inquiry to an individual with respect to whom the inquiry is made, including the results of such inquiry, and information related to the process for challenging the results, in cases in which the individual has established a user account as described in paragraph (4)(B) or an electronic mail or messaging address for the individual is submitted by the person or entity at the time the inquiry is made; and (F) to maintain appropriate administrative, technical, and physical safeguards to prevent misuse of the System and unfair immigration-related employment practices. (4) Measures to prevent identity theft and other forms of fraud To prevent identity theft and other forms of fraud, the Secretary shall design and operate the System with the following attributes: (A) Photo matching tool The System shall display a digital photograph of the individual, if available, that corresponds to the document presented by an individual to establish identity and employment authorization so that the person or entity that makes an inquiry can compare the photograph displayed by the System to the photograph on the document presented by the individual. The individual may not be deemed ineligible for employment solely for failure to match using the photo matching tool. The verification of an individual's employment eligibility shall be made based on the totality of the information available. (B) Individual monitoring and suspension of identifying information The System shall enable individuals to establish user accounts, after authentication of an individual’s identity, that would allow each individual— (i) to confirm the individual’s own employment authorization; (ii) to receive electronic notification when the individual’s Social Security account number or other personally identifying information has been submitted to the System; (iii) to monitor the use history of the individual’s personally identifying information in the System, including the identities of all persons or entities that have submitted such identifying information to the System, the date of each query run, and the System response for each query run; (iv) to suspend or limit the use of the individual’s Social Security account number or other personally identifying information for purposes of the System; and (v) to provide notice to the Department of Homeland Security of any suspected identity fraud or other improper use of personally identifying information. (C) Blocking misused social security account numbers (i) In general The Secretary, in consultation with the Commissioner of Social Security (referred to in this section as the Commissioner (ii) Continuation of existing self lock system During the period in which the Commissioner of Social Security is developing the process required under clause (i), the Commissioner shall maintain the Self Lock system that permits individuals to prevent unauthorized users from using their Social Security account numbers to confirm employment authorization through E-Verify. (iii) Notice If the Secretary blocks or suspends a Social Security account number pursuant to this subparagraph, the Secretary shall provide notice to the persons or entities that have made inquiries to the System using such account number that the identity and employment authorization of the individual who provided such account number must be re-verified. (D) Additional identity authentication tool The Secretary shall develop additional security measures to adequately verify the identity of an individual whose identity may not be verified using the photo matching tool described in subparagraph (A). Such additional security measures shall be— (i) kept up to date with technological advances; (ii) designed to provide a high level of certainty with respect to identity authentication; and (iii) designed to safeguard the individual’s privacy and civil liberties. (E) Child-lock pilot program The Secretary, in consultation with the Commissioner, shall establish a reliable, secure program, on a limited, pilot basis, for suspending or limiting the use of the Social Security account number or other personally identifying information of children for purposes of the System. (5) Responsibilities of the commissioner of social security The Commissioner— (A) in consultation with the Secretary, shall establish a reliable, secure method that, within the periods specified in paragraph (2) and subsection (b)(4)(D)(i)(II), 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 by the person or entity with respect to an individual whose identity and employment authorization the person or entity seeks to confirm; (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) may not disclose or release Social Security information (other than such confirmation or nonconfirmation) under the System except as provided under this section; (C) shall coordinate and provide the Department of Homeland Security with access to the Social Security Administration's systems that are necessary to resolve tentative nonconfirmations without direct Social Security Administration involvement; and (D) shall establish electronic or call-in resolution systems. (6) Responsibilities of the secretary of homeland security (A) In general The Secretary shall establish a reliable, secure method that, within the time periods specified in paragraph (2) and subsection (b)(4)(D)(i)(II), compares the name and identification or other authorization number (or any other information determined relevant by the Secretary) that are provided in an inquiry against such information maintained or accessed by the Secretary in order to validate (or not validate)— (i) the information provided; (ii) the correspondence of the name and number; and (iii) whether the individual is authorized to be employed in the United States. (B) Training The Secretary shall provide and regularly update required training and training materials on the use of the System for persons and entities making inquiries. (C) Audit The Secretary shall provide for periodic auditing of the System to detect and prevent misuse, discrimination, fraud, and identity theft, to protect privacy and assess System accuracy, and to preserve the integrity and security of the information in the System. (D) Notice of System changes The Secretary shall provide appropriate notification to persons and entities registered in the System of any change made by the Secretary or the Commissioner related to permitted and prohibited documents, and use of the System. (7) Responsibilities of the secretary of state As part of the System, the Secretary of State shall— (A) provide to the Secretary with access to passport and visa information as needed to confirm that— (i) a passport or passport card presented under subsection (b)(3)(A)(i) confirms the employment authorization and identity of the individual presenting such document; (ii) a passport, passport card, or visa photograph matches the Secretary of State’s records; and (B) provide such assistance as the Secretary may request to resolve tentative nonconfirmations or final nonconfirmations relating to information described in subparagraph (A). (8) Updating information The Commissioner, the Secretary, and the Secretary of State shall— (A) update records in their custody in a manner that promotes maximum accuracy of the System; and (B) provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention through the tentative nonconfirmation review process under subsection (b)(4)(D). (9) Mandatory and voluntary system users (A) Mandatory users Except as otherwise provided under Federal or State law, including sections 302 and 303 of the Affordable and Secure Food Act of 2022 (B) Voluntary users Beginning after the date that is 30 days after the date on which final rules are published under section 309(a) of the Affordable and Secure Food Act of 2022 (C) Process for non-users The employment verification process for any person or entity hiring, recruiting, or referring for a fee, an individual for employment in the United States shall be governed by section 274A(b) unless the person or entity— (i) is required by Federal or State law to use the System; or (ii) has opted to use the System voluntarily in accordance with subparagraph (B). (10) No fee for use or inclusion The Secretary may not charge a fee to any individual, person, or entity to use the System or to be included in the System. (11) System safeguards (A) Requirement to develop The Secretary, in consultation with the Commissioner, the Secretary of State, and other appropriate Federal officials, shall— (i) develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the records accessed or maintained by the System; and (ii) develop and deploy appropriate privacy and security training for Federal employees accessing the records under the System. (B) Privacy audits (i) In general The Secretary, acting through the Chief Privacy Officer of the Department of Homeland Security, shall conduct regular privacy audits of the policies and procedures established pursuant to subparagraph (A), including— (I) any collection, use, dissemination, and maintenance of personally identifiable information; and (II) any associated information technology systems. (ii) Reviews The Chief Privacy Officer shall— (I) review the results of the audits conducted pursuant to clause (i); and (II) recommend to the Secretary any changes that may be necessary to improve the privacy protections of the System. (C) Privacy and accuracy certification The Inspector General of the Department of Homeland Security shall certify to the Secretary, the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (i) the System appropriately protects the privacy and security of personally identifiable information and identifiers contained in the records accessed or maintained by the System; (ii) during 2 consecutive years beginning after the date of the enactment of the Affordable and Secure Food Act of 2022 (iii) specific steps are being taken to continue to reduce such error rate. (D) Accuracy audits Beginning on November 30 of the fiscal year beginning after the fiscal year during which the certification was submitted pursuant to subparagraph (C), and annually thereafter, the Inspector General of the Department of Homeland Security shall submit a report to the Secretary, the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (i) describes in detail— (I) the error rate of the System during the previous fiscal year; and (II) the methodology employed to prepare the report; and (ii) includes recommendations for how the System's error rate may be reduced. (b) New hires, recruitment, and referral Notwithstanding section 274A(b), the requirements referred to in paragraphs (1)(B) and (3) of section 274A(a) are, in the case of a person or entity that uses the System for the hiring, recruiting, or referring for a fee, an individual for employment in the United States, the following: (1) Individual attestation of employment authorization During the period beginning on the date on which an offer of employment is accepted and ending on the date of hire, the individual shall attest, under penalty of perjury on a form designated by the Secretary, that the individual is authorized to be employed in the United States by providing on such form— (A) the individual’s name and date of birth; (B) the individual’s Social Security account number (unless the individual has applied for and not yet been issued such a number); (C) whether the individual is— (i) a citizen or national of the United States; (ii) an alien lawfully admitted for permanent residence; or (iii) an alien who is otherwise authorized by the Secretary to be employed in the United States; and (D) if the individual does not attest to United States citizenship or nationality, such identification or other authorization number established by the Department of Homeland Security for the alien as the Secretary may specify. (2) Employer attestation after examination of documents Not later than 3 business days after the date of hire, the individual or entity shall attest, under penalty of perjury on the form designated under paragraph (1), the verification that the individual is not an unauthorized alien by— (A) obtaining from the individual the information described in paragraph (1) and recording such information on the form; (B) examining— (i) a document described in paragraph (3)(A); or (ii) a document described in paragraph (3)(B) and a document described in paragraph (3)(C); and (C) attesting that the information recorded on the form is consistent with the documents examined. (3) Acceptable documents (A) Documents establishing employment authorization and identity A document described in this subparagraph is an individual’s— (i) United States passport or passport card; (ii) permanent resident card that contains a photograph; (iii) foreign passport containing temporary evidence of lawful permanent residence in the form of an official I–551 (or successor) stamp from the Department of Homeland Security or a printed notation on a machine-readable immigrant visa; (iv) unexpired employment authorization document that contains a photograph; (v) in the case of a nonimmigrant alien authorized to engage in employment for a specific employer incident to status, a foreign passport with Form I–94, Form I–94A, or other documentation as designated by the Secretary specifying the alien’s nonimmigrant status as long as such status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation; (vi) passport from the Federated States of Micronesia or the Republic of the Marshall Islands with Form I–94, 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 Federated States of Micronesia or the Republic of the Marshall Islands; or (vii) another document designated by the Secretary, by notice published in the Federal Register, if the document— (I) contains a photograph of the individual, biometric identification data, and other personal identifying information relating to the individual; (II) is evidence of authorization for employment in the United States; and (III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. (B) Documents establishing identity A document described in this subparagraph is— (i) an individual’s driver’s license or identification card if the license or card— (I) was issued by a State or an outlying possession of the United States; (II) contains a photograph and personal identifying information relating to the individual; and (III) meets the requirements under section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13 49 U.S.C. 30301 (ii) an individual’s unexpired United States military identification card; (iii) an individual’s unexpired Native American tribal identification document issued by a tribal entity recognized by the Bureau of Indian Affairs; or (iv) a document establishing identity that the Secretary determines, by notice published in the Federal Register, to be acceptable for purposes of this subparagraph, if such documentation contains— (I) a photograph of the individual and other personal identifying information relating to the individual; and (II) security features to make it resistant to tampering, counterfeiting, and fraudulent use. (C) Documents establishing employment authorization A document described in this subparagraph is— (i) an individual’s Social Security account number card (other than such a card which specifies on its face that the issuance of the card does not authorize employment in the United States); or (ii) a document establishing employment authorization that the Secretary determines, by notice published in the Federal Register, to be acceptable for purposes of this subparagraph if such documentation contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. (D) Authority to prohibit use of certain documents If the Secretary determines that any document or class of documents described in subparagraph (A), (B), or (C) does not reliably establish identity or employment authorization or is being used fraudulently to an unacceptable degree, the Secretary, by notice published in the Federal Register, may prohibit or place conditions on the use of such document or class of documents for purposes of this section. (E) Authority to waive photograph requirement The Secretary, in the sole discretion of the Secretary, may confirm the identity of an individual who submits a document described in subparagraph (B)(iv) that does not contain a photograph of the individual under exceptional circumstances, including the individual's religious beliefs. (4) Use of the system to screen identity and employment authorization (A) In general A person or entity that uses the System for the hiring, recruiting, or referring for a fee an individual for employment in the United States, during the period described in subparagraph (B), shall submit an inquiry through the System to seek confirmation of the identity and employment authorization of the individual. (B) Confirmation period (i) In general Except as provided in clause (ii), and subject to subsection (d), the confirmation period shall begin on the date of hire and end on the date that is 3 business days after the date of hire, or such other reasonable period as the Secretary may prescribe. (ii) Special rule The confirmation period of an alien who is authorized to be employed in the United States and provides evidence from the Social Security Administration that the alien has applied for a Social Security account number shall end 3 business days after the alien receives such Social Security account number. (C) Confirmation A person or entity receiving confirmation of an individual’s identity and employment authorization shall record such confirmation on the form designated by the Secretary for purposes of paragraph (1). (D) Tentative nonconfirmation (i) In general In cases of tentative nonconfirmation, the Secretary, in consultation with the Commissioner, shall provide a process for— (I) an individual to contest the tentative nonconfirmation not later than 10 business days after the date of the receipt of the notice described in clause (ii); and (II) the Secretary to issue a confirmation or final nonconfirmation of an individual’s identity and employment authorization not later than 30 days after the Secretary receives notice from the individual contesting a tentative nonconfirmation. (ii) Notice Not later than 3 business days after receiving a tentative nonconfirmation of an individual’s identity or employment authorization in the System, a person or entity shall— (I) provide such individual with written notification— (aa) in a language understood by the individual; (bb) on a form designated by the Secretary; and (cc) that includes a description of the individual’s right to contest the tentative nonconfirmation; and (II) attest, under penalty of perjury, that the person or entity provided (or attempted to provide) such notice to the individual, who shall acknowledge receipt of such notice in a manner specified by the Secretary. (iii) No contest (I) In general A tentative nonconfirmation shall become final if, upon receiving the notice described in clause (ii), the individual— (aa) refuses to acknowledge receipt of such notice; (bb) acknowledges in writing, in a manner specified by the Secretary, that the individual will not contest the tentative nonconfirmation; or (cc) fails to contest the tentative nonconfirmation within the 10-business-day period beginning on the date the individual received such notice. (II) Record of no contest The person or entity shall— (aa) indicate in the System that the individual refused to acknowledge receipt of, or did not contest, the tentative nonconfirmation; and (bb) specify the reason that the tentative nonconfirmation became final under subclause (I). (III) Effect of failure to contest An individual’s failure to contest a tentative nonconfirmation shall not be considered an admission of any fact with respect to any violation of this Act or any other provision of law. (iv) Contest (I) In general An individual may contest a tentative nonconfirmation by using the tentative nonconfirmation review process under clause (i), not later than 10 business days after receiving the notice described in clause (ii). Except as provided in clause (iii), the nonconfirmation shall remain tentative until a confirmation or final nonconfirmation is provided by the System. (II) Prohibition on termination A person or entity may not terminate employment or take any adverse employment action against an individual for failure to obtain confirmation of the individual’s identity and employment authorization until the person or entity receives a notice of final nonconfirmation from the System. Nothing in this subclause may be construed to prohibit an employer from terminating the employment of the individual for any other lawful reason. (III) Confirmation or final nonconfirmation The Secretary, in consultation with the Commissioner, shall issue notice of a confirmation or final nonconfirmation of the individual’s identity and employment authorization not later than 30 days after the date on which the Secretary receives notice from the individual contesting the tentative nonconfirmation. (IV) Continuance If the relevant data needed to confirm the identity of an individual is not maintained by the Department of Homeland Security, the Social Security Administration, or the Department of State, or if the employee is unable to contact the Department of Homeland Security or the Social Security Administration, the Secretary, in the sole discretion of the Secretary, may place the case in continuance. (E) Final nonconfirmation (i) Notice If a person or entity receives a final nonconfirmation of an individual’s identity or employment authorization, the person or entity, not later than 5 business days after receiving such final nonconfirmation, shall— (I) notify such individual of the final nonconfirmation in writing, on a form designated by the Secretary, which shall include information regarding the individual’s right to appeal the final nonconfirmation in accordance with subparagraph (F); and (II) attest, under penalty of perjury, that the person or entity provided (or attempted to provide) the notice to the individual, who shall acknowledge receipt of such notice in a manner designated by the Secretary. (ii) Termination or notification of continued employment If a person or entity receives a final nonconfirmation regarding an individual, the person or entity may terminate employment of the individual. If the person or entity does not terminate such employment pending appeal of the final nonconfirmation, the person or entity shall notify the Secretary of such fact through the System. Failure to notify the Secretary in accordance with this clause shall be deemed a violation of section 274A(a)(1)(A). (iii) Presumption of violation for continued employment If a person or entity continues to employ an individual after receipt of a final nonconfirmation, and an appeal of the nonconfirmation is not pending, there shall be a rebuttable presumption that the person or entity has violated paragraphs (1)(A) and (2) of section 274A(a). (F) Appeal of final nonconfirmation (i) Administrative appeal The Secretary, in consultation with the Commissioner and the Assistant Attorney General for Civil Rights, shall develop a process by which an individual may seek administrative review of a final nonconfirmation. Such process shall— (I) permit the individual to submit additional evidence establishing identity or employment authorization; (II) ensure prompt resolution of an appeal, including a response to the appeal in all circumstances within 60 days; and (III) permit the Secretary to impose a civil money penalty equal to not more than $500 on any individual who files a frivolous appeal or files an appeal for purposes of delay. (ii) Compensation for lost wages resulting from government error or omission (I) In general If, upon consideration of an appeal of a final nonconfirmation, the Secretary determines that the final nonconfirmation was issued in error, the Secretary shall further determine whether the final nonconfirmation was the result of government error or omission. If the Secretary determines that the final nonconfirmation was solely the result of Government error or omission and the individual was terminated from employment, the Secretary shall compensate the individual for lost wages. (II) Calculation of lost wages Lost wages shall be calculated based on the wage rate and work schedule that were in effect prior to the individual’s termination. The individual shall be compensated for lost wages beginning on the first scheduled work day after employment was terminated and ending 90 days after completion of the administrative review process described in this subparagraph or the day the individual is reinstated or obtains other employment, whichever occurs first. (III) Limitation on compensation Compensation for lost wages may not be awarded for any period during which the individual was not authorized for employment in the United States. (IV) Source of funds There is established in the general fund of the Treasury, a separate account, which shall be known as the Electronic Verification Compensation Account (iii) Judicial review Not later than 30 days after the dismissal of an appeal under this subparagraph, an individual may seek judicial review of such dismissal in the United States District Court in the jurisdiction in which the employer resides or conducts business. (5) Retention of verification records (A) In general After completing the form designated by the Secretary under paragraph (1) with respect to an individual, a person or entity shall retain such form in paper, microfiche, microfilm, electronic, or other format deemed acceptable by the Secretary, and make such form available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the verification is completed and ending on the later of— (i) the date that is 3 years after the date hire; or (ii) the date that is 1 year after the date on which such individual’s employment is terminated. (B) Copying of documentation permitted Notwithstanding any other provision of law, a person or entity may, for the purpose of complying with the requirements under this section— (i) copy a document presented by an individual pursuant to this subsection; and (ii) retain such copy. (c) Reverification of previously hired individuals (1) Mandatory reverification A person or entity that uses the System for the hiring, recruiting, or referring for a fee an individual for employment in the United States shall submit an inquiry through the System to verify the identity and employment authorization of— (A) an individual with a limited period of employment authorization, when such employment authorization expires; (B) an individual, not later than 10 days after receiving a notification from the Secretary requiring the verification of such individual pursuant to subsection (a)(4)(C); and (C) an individual employed by an employer required 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 (2) Reverification procedures The verification procedures under subsection (b) shall apply to reverifications under this subsection, except that employers shall— (A) use a form designated by the Secretary for purposes of this paragraph; and (B) retain the form in paper, microfiche, microfilm, electronic, or other format approved by the Secretary, and make the form available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the reverification commences and ending on the later of— (i) the date that is 3 years after the date of reverification; or (ii) the date that is 1 year after the date on which the individual’s employment is terminated. (d) Good faith compliance (1) In general Except as otherwise provided in this subsection, a person or entity that uses the System is considered to have complied with the requirements under this section notwithstanding a technical failure of the System, or other technical or procedural failure to meet such requirement if there was a good faith attempt to comply with such requirement. (2) Exception for failure to correct after notice Paragraph (1) shall not apply if— (A) the failure of the person or entity to meet a requirement under this section is not de minimis; (B) the Secretary has provided notice to the person or entity of such failure, including an explanation as to why such failure is not de minimis; (C) the person or entity has been provided a period of not less than 30 days (beginning after the date of the notice) to correct such failure; and (D) the person or entity has not corrected such failure voluntarily within such period. (3) Exception for pattern or practice violators Paragraph (1) shall not apply to a person or entity that has engaged or is engaging in a pattern or practice of violations of paragraph (1)(A) or (2) of section 274A(a). (4) Defense A person or entity that uses the System for the hiring, recruiting, or referring for a fee an individual for employment in the United States— (A) 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 an employee in good-faith reliance on information provided by the System; and (B) shall be deemed to have established compliance with its obligations under this section, absent a showing by the Secretary, by clear and convincing evidence, that the employer had knowledge that an employee is an unauthorized alien. (e) Limitations (1) No national identification card Nothing in this section may be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. (2) Use of records Notwithstanding any other provision of law, nothing in this section may be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, database, or other records assembled under this section for any purpose other than the verification of identity and employment authorization of an individual or to ensure the secure, appropriate, and non-discriminatory use of the System. (f) Penalties (1) In general Except as otherwise provided in this subsection, the provisions of subsections (e) through (g) of section 274A shall apply with respect to compliance with the provisions under this section and penalties for noncompliance for persons or entities that use the System. (2) Cease and desist order with civil money penalties for hiring, recruiting, and referral violations Notwithstanding the civil money penalties set forth in section 274A(e)(4), with respect to a violation of paragraph (1)(A) or (2) of section 274A(a) by a person or entity that is subject to the provisions under this section that has hired, recruited, or referred for a fee, an individual for employment in the United States, a cease and desist order— (A) shall require the person or entity to pay a civil penalty in an amount, subject to subsection (d), that is equal to— (i) not less than $2,500 and not more than $5,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred; (ii) not less than $5,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to 1 order under this paragraph; or (iii) not less than $10,000 and not more than $25,000 for each such alien in the case of a person or entity previously subject to more than 1 order under this paragraph; and (B) may require the person or entity to take other appropriate remedial action. (3) Order for civil money penalty for verification violations Notwithstanding paragraphs (4) and (5) of section 274A(e) and any other Federal law relating to civil monetary penalties, any person or entity that is required to comply with the provisions of this section that violates section 274A(a)(1)(B) shall be required to pay a civil penalty in an amount, subject to paragraphs (5), (6), and (7), that is equal to not less than $1,000 and not more than $25,000 for each individual with respect to whom such violation occurred. (4) System use violation Failure by a person or entity to utilize the System as required by law or providing information to the System that the person or entity knows or reasonably believes to be false, shall be treated as a violation of section 274A(a)(1)(A). (5) Exemption from penalty for good faith violation (A) In general A person or entity that uses the System is presumed to have acted with knowledge for purposes of paragraphs (1)(A) and (2) of section 274A(a) if the person or entity fails to make an inquiry to verify the identity and employment authorization of the individual through the System. (B) Good faith exemption In the case of imposition of a civil penalty under paragraph (2)(A) with respect to a violation of paragraph (1)(A) or (2) of section 274A(a) for hiring or continuation of employment or recruitment or referral by a person or entity, and in the case of imposition of a civil penalty under paragraph (3) for a violation of section 274A(a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the person or entity establishes that the person or entity acted in good faith. (6) Penalty adjustment factors For purposes of paragraphs (2)(A) and (3), when assessing the level of civil money penalties for a particular case, in addition to the good faith of the person or entity being charged, due consideration shall be given to factors such as the size of the business, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations, which factors may be aggravating, mitigating, or neutral depending on the facts of each case. (7) Criminal penalty Notwithstanding section 274A(f)(1) and the provisions of any other Federal law relating to fine levels, any person or entity required to comply with the provisions under this section that engages in a pattern or practice of violations of paragraph (1) or (2) of section 274A(a)— (A) shall be fined not more than $5,000 for each unauthorized alien with respect to whom such a violation occurs; (B) shall be imprisoned for not more than 18 months; or (C) shall be subject to the fine under subparagraph (A) and imprisonment under subparagraph (B). (8) Electronic verification compensation account Civil money penalties collected pursuant to this subsection shall be deposited in the Electronic Verification Compensation Account for the purpose of compensating individuals for lost wages as a result of a final nonconfirmation issued by the System that was based on government error or omission, in accordance with subsection (b)(4)(F)(ii)(IV). (9) Debarment (A) In general If the Secretary determines that a person or entity is a repeat violator of paragraph (1)(A) or (2) of section 274A(a) or has been convicted of a crime under section 274A, such person or entity may be considered 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) No contract, grant, agreement If the Secretary or the Attorney General determines that a person or entity should be considered for debarment under this paragraph, and such 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 whether to list the person or entity on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, and if so, for what duration and under what scope. (C) Contract, grant, agreement If the Secretary or the Attorney General determines that a person or entity should be considered for debarment under this paragraph, 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 such person or entity considered for debarment; and (ii) after soliciting and considering the views of all such agencies and departments, may refer the matter to the appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, and if so, for what duration and under what scope. (D) Review Any decision to debar a person or entity in accordance with this subsection shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. (10) Preemption This section preempts any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, relating to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens, except that a State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the System as required under this section. (g) Unfair immigration-Related employment practices and the System (1) In general In addition to the prohibitions on discrimination set forth in section 274B, it is an unfair immigration-related employment practice for a person or entity, in the course of utilizing the System— (A) to use the System for screening an applicant before the date of hire; (B) to terminate the employment of an individual or take any adverse employment action with respect to that individual due to a tentative nonconfirmation issued by the System; (C) to use the System to screen any individual for any purpose other than confirmation of identity and employment authorization in accordance with this section; (D) to use the System to verify the identity and employment authorization of a current employee, including an employee continuing in employment, other than for purposes of reverification authorized under subsection (c); (E) to use the System to discriminate based on national origin or citizenship status; (F) to willfully fail to provide an individual with any notice required under this chapter; (G) to require an individual to make an inquiry under the self-verification procedures described in subsection (a)(4)(B) or to provide the results of such an inquiry as a condition of employment, or hiring, recruiting, or referring; or (H) to terminate the employment of an individual or take any adverse employment action with respect to that individual based upon the need to verify the identity and employment authorization of the individual in accordance with subsection (b). (2) Preemployment screening and background check Nothing in paragraph (1)(A) may be construed to preclude a preemployment screening or background check that is required or permitted under any other provision of law. (3) Civil money penalties for unfair immigration-related employment practices involving system misuse Notwithstanding section 274B(g)(2)(B)(iv), the penalties that may be imposed by an administrative law judge with respect to a finding that a person or entity has engaged in an unfair immigration-related employment practice described in paragraph (1) are— (A) not less than $1,000 and not more than $4,000 for each aggrieved individual; (B) in the case of a person or entity previously subject to a single order under this paragraph, not less than $4,000 and not more than $10,000 for each aggrieved individual; and (C) in the case of a person or entity previously subject to more than 1 order under this paragraph, not less than $6,000 and not more than $20,000 for each aggrieved individual. (4) Electronic verification compensation account (A) Use of civil monetary penalties Civil money penalties collected under this subsection shall be deposited into the Electronic Verification Compensation Account for the purpose of compensating individuals for lost wages as a result of a final nonconfirmation issued by the System that was based on a Government error or omission described in subsection (b)(4)(F)(ii)(IV). (B) Alternative use of funds Any amounts deposited into the Electronic Verification Compensation Account pursuant to subparagraph (A) that are not used within 5 years to compensate individuals under such subparagraph shall be made available to the Secretary and the Attorney General to provide education to employers and employees regarding the requirements, obligations, and rights under the System. (h) Clarification All rights and remedies provided under any Federal, State, or local law relating to workplace rights, including back pay, are available to an employee despite— (1) the employee’s status as an unauthorized alien during or after the period of employment; or (2) the employer’s or employee’s failure to comply with the requirements under this section. (i) Defined term In this section, the term date of hire . (b) Conforming amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 Sec. 274E. Requirements for the electronic verification of employment eligibility. . 302. Mandatory electronic verification for the agricultural industry (a) Defined term In this section, the term agricultural employment 8 U.S.C. 1101(a)(15)(H)(ii) (b) In general The requirements for the electronic verification of identity and employment authorization described in section 274E of the Immigration and Nationality Act, as added by section 301, shall apply to a person or entity hiring, recruiting, or referring for a fee an individual for agricultural employment in the United States in accordance with the effective dates set forth in subsection (c). (c) Effective dates (1) Hiring The requirements described in subsection (b) shall apply to a person or entity hiring an individual for agricultural employment in the United States— (A) with respect to employers that, on the date of the enactment of this Act, have 500 or more employees in the United States, beginning on the later of— (i) the date that is 6 months after the date on which the Secretary of Homeland Security makes the certification required under section 274E(a)(11) of the Immigration and Nationality Act, as added by section 301(a); or (ii) 6 years after the date of the enactment of this Act; (B) with respect to employers that, on the date of the enactment of this Act, have 100 or more employees in the United States, but fewer than 500 such employees, beginning on the date that is 3 months after the date on which such requirements are applicable to employers described in subparagraph (A); (C) with respect to employers that, on the date of the enactment of this Act, have 20 or more employees in the United States, but fewer than 100 such employees, beginning on the date that is 6 months after the date on which such requirements are applicable to employers described in subparagraph (A); and (D) with respect to employers that, on the date of the enactment of this Act, have fewer than 20 employees in the United States, beginning on the date that is 9 months after the date on which such requirements are applicable to employers described in subparagraph (A). (2) Recruiting and referring for a fee The requirements under subsection (b) shall apply to any person or entity recruiting or referring for a fee an individual for agricultural employment in the United States on the date that is 1 year after the completion of the application period described in section 101(c). (3) Transition rule Except as required under subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a 8 U.S.C. 1324a 8 U.S.C. 1324a (4) E-Verify voluntary users and others desiring early compliance Nothing in this subsection may be construed to prohibit persons or entities, including persons or entities that have voluntarily elected 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 (5) Delayed implementation The Secretary of Homeland Security, in consultation with the Secretary of Agriculture, may delay the effective dates described in paragraphs (1) and (2) for a period not to exceed 180 days if the Secretary determines, based on the most recent report described in section 133 and other relevant data, that a significant number of applications under section 101 remain pending. (d) Rural access to assistance for tentative nonconfirmation review process (1) In general The Secretary of Homeland Security, in coordination with the Secretary of Agriculture, and in consultation with the Commissioner of Social Security, shall create a process for individuals to seek assistance in contesting a tentative nonconfirmation (as described in section 274E(b)(4)(D) of the Immigration and Nationality Act, as added by section 301(a), at local offices or service centers of the Department of Agriculture. (2) Staffing and resources The Secretary of Homeland Security and the Secretary of Agriculture shall ensure that local offices and service centers of the Department of Agriculture are staffed appropriately and have the resources necessary to provide information and support to individuals seeking the assistance described in paragraph (1), including by facilitating communication between such individuals and the Department of Homeland Security or the Social Security Administration. (3) Rule of construction Nothing in this subsection may be construed to delegate authority or transfer responsibility for reviewing and resolving tentative nonconfirmations from the Secretary of Homeland Security and the Commissioner of Social Security to the Secretary of Agriculture. (e) Document establishing employment authorization and identity In accordance with section 274E(b)(3)(A)(vii) of the Immigration and Nationality Act, as added by section 301(a), and not later than 1 year after the completion of the application period described in section 101(c), the Secretary of Homeland Security shall recognize documentary evidence of certified agricultural worker status described in section 102(a)(2) as valid proof of employment authorization and identity for purposes of section 274E(b)(3)(A) of such Act. 303. Coordination with E-Verify Program (a) Repeal (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) Clerical amendment The table of sections, in section 1(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, is amended by striking the items relating to subtitle A of title IV. (3) References Any reference in any Federal, State, or local law, Executive order, rule, regulation, or delegation of authority, or any document of, or pertaining to, the Department of Homeland Security, Department of Justice, or the Social Security Administration, to 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 8 U.S.C. 1324a (4) Effective date This subsection, and the amendments made by this subsection, shall take effect on the date that is 30 days after the date on which final rules are published pursuant to section 309(a). (b) Former E-Verify mandatory users, including Federal contractors Beginning on the effective date set forth in subsection (a)(4), the Secretary of Homeland Security shall require employers required 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 (c) Former E-Verify voluntary users Beginning on the effective date set forth in subsection (a)(4), the Secretary of Homeland Security shall provide for the voluntary compliance with the requirements under section 274E of the Immigration and Nationality Act, as added by section 301(a), 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 304. 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 intended to establish employment authorization, (2) in paragraph (2), by striking identification document identification document or document intended to establish employment authorization, (3) in the undesignated matter following paragraph (3) by striking of section 274A(b) under section 274A(b) or 274E(b) 305. Technical and conforming amendments (a) Unlawful employment of aliens Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a (1) in subsection (a)(1)(B)— (A) by striking subsection (b) or (ii) subsection (b); or (ii) ; and (B) in clause (ii), by striking subsection (b). section 274E. (2) in subsection (b), in the matter preceding paragraph (1), by striking The requirements referred Except as provided in section 274E, the requirements referred (b) Unfair immigration-Related employment practices Section 274B(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a) (1) in paragraph (1)(B), by striking in the case of a protected individual (as defined in paragraph (3)), (2) by striking paragraph (3); and (3) by inserting after paragraph (2) the following: (3) Misuse of verification system It is an unfair immigration-related employment practice for a person or other entity to misuse the verification system as described in section 274E(g). . 306. Protection of Social Security Administration programs (a) Funding under agreement Effective for all fiscal years beginning on or after October 1, 2023, the Commissioner of Social Security and the Secretary of Homeland Security shall ensure that an agreement is in place that— (1) provides funds to the Commissioner for the full costs of the responsibilities of the Commissioner with respect to employment eligibility verification, including responsibilities described in this title and in the amendments made by this title, such as— (A) acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of such responsibilities, but only that portion of such costs that are attributable exclusively to such responsibilities; and (B) responding to individuals who contest a tentative nonconfirmation or administratively appeal a final nonconfirmation provided with respect to employment eligibility verification; (2) provides the funds required under paragraph (1) annually in advance of the applicable quarter based on an estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); and (3) requires an annual accounting and reconciliation of the actual costs incurred and the funds provided under such agreement, which shall be reviewed by the Inspector General of the Social Security Administration and the Inspector General of the Department of Homeland Security. (b) Continuation of employment verification in absence of timely agreement (1) In general In any case in which the agreement required under subsection (a) for any fiscal year beginning on or after October 1, 2023, has not been reached as of October 1 of such fiscal year, the latest agreement described in such subsection shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under subsection (a) is subsequently reached, except that the terms of such interim agreement shall be modified to adjust for inflation and any increase or decrease in the volume of requests under the employment eligibility verification system. (2) Notification requirements (A) In general Not later than October 1 of any fiscal year during which an interim agreement applies under paragraph (1), the Commissioner and the Secretary shall notify the Committee on Finance of the Senate Committee on the Judiciary of the Senate Committee on Appropriations of the Senate Committee on Ways and Means of the House of Representatives Committee on the Judiciary of the House of Representatives Committee on Appropriations of the House of Representatives (B) Quarterly notifications Until the agreement required under subsection (a) has been reached for a fiscal year, the Commissioner and the Secretary, not later than the end of each 90-day period after October 1 of such fiscal year, shall notify the congressional committees referred to in subparagraph (A) of the status of negotiations between the Commissioner and the Secretary in order to reach such an agreement. 307. Report on the implementation of the electronic employment verification system Not later than 2 years after the date on which final rules are published pursuant to section 309(a), and annually thereafter, the Secretary of Homeland Security and the Attorney General shall jointly submit a report to Congress that includes— (1) an assessment of the accuracy rates of the responses of the electronic employment verification system established under section 274E of the Immigration and Nationality Act, as added by section 301(a) (referred to in this section and section 308 as the System (2) an assessment of any challenges faced by persons or entities (including small employers) in utilizing the System; (3) an assessment of any challenges faced by employment-authorized individuals who are issued tentative or final nonconfirmation notices; (4) an assessment of the incidence of unfair immigration-related employment practices described in section 274E(g) of the Immigration and Nationality Act, related to the use of the System; (5) an assessment of the photo matching and other identity authentication tools described in section 274E(a)(4) of the Immigration and Nationality Act, including— (A) the accuracy rates of such tools; (B) the effectiveness of such tools at preventing identity fraud and other misuse of identifying information; (C) any challenges faced by persons, entities, or individuals utilizing such tools; (D) operation and maintenance costs associated with such tools; and (E) the privacy and civil liberties safeguards associated with such tools; (6) a summary of the activities and findings of the U.S. Citizenship and Immigration Services E-Verify Monitoring and Compliance Branch (referred to in this paragraph as the Branch (A) the number, types and outcomes of audits, internal reviews, and other compliance activities initiated by the Branch in the previous year; (B) the capacity of the Branch to detect and prevent violations of section 274E(g) of the Immigration and Nationality Act; and (C) an assessment of the degree to which persons and entities misuse the System, including— (i) using the System before an individual’s date of hire; (ii) failing to provide required notifications to individuals; (iii) using the System to interfere with or otherwise impede individuals’ assertions of their rights under other laws; and (iv) using the System for unauthorized purposes; and (7) an assessment of the impact of implementation of the System in the agricultural industry and the use of the verification system in agricultural industry hiring and business practices. 308. Modernizing and streamlining the employment eligibility verification process Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall submit a plan to Congress for modernizing and streamlining the employment eligibility verification process. Such plan shall include— (1) procedures to allow persons and entities to verify the identity and employment authorization of newly hired individuals where the in-person, physical examination of identity and employment authorization documents is not practicable; (2) a proposal to create a simplified employment verification process that allows employers that utilize the System— (A) to verify the identity and employment authorization of individuals without having to complete and retain Form I–9, Employment Eligibility Verification, in paper, electronic, or any subsequent replacement form; and (B) to maintain evidence of an inspection of the employee’s eligibility to work; and (3) any other proposal that the Secretary determines would simplify the employment eligibility verification process without compromising the integrity or security of the System. 309. Rulemaking; Paperwork Reduction Act (a) Rulemaking (1) Proposed rules Not later than 270 days before the end of the application period described in section 101(c), the Secretary of Homeland Security shall promulgate and publish in the Federal Register proposed rules implementing this title and the amendments made by this title. (2) Final rules The Secretary shall finalize the rules promulgated pursuant to paragraph (1) not later than 180 days after the date on which they are published in the Federal Register. (b) Paperwork Reduction Act (1) In general The requirements under chapter 35 Paperwork Reduction Act (2) Electronic forms All forms designated or established by the Secretary that are necessary to implement this title and the amendments made by this title— (A) shall be made available in paper or electronic formats; and (B) shall be designed in such a manner to facilitate electronic completion, storage, and transmittal. | Affordable and Secure Food Act of 2022 |