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MTSU Fall 2024 Software Engineering 14

Little Manatee Wild and Scenic River Act This bill designates a specified segment of the Little Manatee River in Florida for potential addition to the National Wild and Scenic Rivers System. The Department of the Interior must complete a study of the Little Manatee River and submit the results to Congress.

117 S5283 IS: Little Manatee Wild and Scenic River 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. 5283 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Scott of Florida Mr. Rubio Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate a segment of the Little Manatee River in the State of Florida for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes. 1. Short title This Act may be cited as the Little Manatee Wild and Scenic River Act 2. Designation for study of wild and scenic river segment, Little Manatee River, Florida (a) Designation Section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) (145) Little Manatee River, Florida The approximately 50-mile segment of the Little Manatee River beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but excluding— (A) those portions lying within Manatee County, Florida, that are more particularly described as— (i) Parcel ID 247800059; (ii) Parcel ID 248200008; and (iii) Parcel ID 248100000; and (B) South Fork. . (b) Study and report Section 5(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(b) (22) Little Manatee River, Florida Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall— (A) complete the study of the Little Manatee River, Florida, described in subsection (a)(145); and (B) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the study described in subparagraph (A). . (c) Effect on management (1) In general Nothing in this Act or an amendment made by this Act interferes with the existing management of the segment of the Little Manatee River described in paragraph (145) of section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) (2) No justification for restrictive management The fact that the river segment described in paragraph (145) of section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a)

Little Manatee Wild and Scenic River Act

Maternal Health Pandemic Response Act of 2022 This bill addresses data collection, public education, workplace safety, and other matters related to maternal health during public health emergencies. Specifically, the bill supports (1) the collection of maternal data (including racial, ethnic, and other demographic data) through surveillance systems of the Centers for Disease Control and Prevention (CDC), and (2) research activities of the National Institute of Child Health and Human Development. Additionally, the CDC and the Centers for Medicare & Medicaid Services must make publicly available and periodically update pregnancy and postpartum data that is collected across COVID-19 surveillance systems. The data must be disaggregated by factors such as race, ethnicity, insurance status, and location. The bill also requires the CDC to educate pregnant people, their employers, and their health care providers about evidenced-based health information concerning COVID-19 and pregnancy; the Department of Health and Human Services to convene a task force to develop recommendations on the provision of maternity care during the COVID-19 (and future) public health emergencies with a particular focus on communities of color and rural populations; the Occupational Safety and Health Administration to issue an emergency temporary standard to protect employees who are at risk from occupational exposure to COVID-19 that considers the risks and needs of pregnant and postpartum employees; and the Government Accountability Office to report on maternal health and public health preparedness, including prenatal, labor and delivery, and postpartum care during the COVID-19 emergency.

116 S5284 IS: Maternal Health Pandemic Response 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. 5284 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Warren Mr. Booker Mrs. Gillibrand Ms. Smith Committee on Health, Education, Labor, and Pensions A BILL To improve the public health response to addressing maternal mortality and morbidity during the COVID–19 public health emergency. 1. Short title This Act may be cited as the Maternal Health Pandemic Response Act of 2022 2. Findings Congress finds as follows: (1) The World Health Organization declared COVID–19 a Public Health Emergency of International Concern (2) In the United States, the number of cases of COVID–19 has quickly surpassed the number of such cases in every other nation, and as of December 12, 2022, over 99,000,000 cases and 1,080,000 deaths have been reported by the United States alone. (3) Longstanding systemic health and social inequities have put communities of color at increased risk of contracting COVID–19 or experiencing severe illness; age-adjusted hospitalization rates from COVID–19 are highest for American Indian and Alaska Native, Black, and Latinx people. (4) Prior to the start of the COVID–19 pandemic, the United States was facing a maternal mortality and morbidity crisis, in which the United States has the highest maternal mortality rate in the developed world, and the crisis is worsening. (5) More than 50,000 women in the United States annually experience severe maternal morbidity, and much larger numbers experience more common harmful challenges, such as prenatal and postpartum mood disorders, including depression, anxiety disorder, and PTSD; limited access to prenatal and postpartum care, diagnosis, and treatment of complications; intimate partner violence; and lack of support for meeting breastfeeding goals. Many perinatal complications are preventable or treatable, and most injuries, long-term adverse effects, and deaths are preventable. (6) Compared to White women, Black and American Indian and Alaska Native women in the United States are 2 to 4 times more likely to die from pregnancy-related complications, and Black and American Indian and Alaska Native women suffer disproportionately high rates of maternal morbidity. The maternal mortality rate for Hispanic women, which historically has been lower than such rate for White women, is increasing and is now nearly the same as that of White women. (7) The causes of maternal mortality and morbidity are complex and include racial, ethnic, socioeconomic, and geographic inequities; racism, bias, and discrimination; comorbidities; and inadequate access to the health care system, including behavioral health care, which are factors that have similarly contributed to the racial disparities seen in COVID–19 outcomes. (8) The burden of morbidity and mortality in the United States for both COVID–19 and maternal health outcomes has also fallen disproportionately on Black, Latinx, and American Indian and Alaska Native communities, who suffer the most from great public health needs and are the most medically underserved. Underserved women also include those living in maternity care deserts, which lack obstetric providers and hospitals or birth centers offering obstetric care. (9) According to the Centers for Disease Control and Prevention, pregnant and recently pregnant people with COVID–19 are at increased risk for severe illness when compared with non-pregnant people”. Additionally, “pregnant people with COVID–19 are also at increased risk for preterm birth and some data suggest an increased risk for other adverse pregnancy complications and outcomes, such as preeclampsia, coagulopathy, and stillbirth, compared with pregnant people without COVID–19 (10) As of December 2022, the latest information from the Centers for Disease Control and Prevention indicates that pregnant women are more likely to be hospitalized and are at higher risk for intensive care unit admissions than nonpregnant women due to COVID–19, and Latinx and Black pregnant people have been disproportionately infected by COVID–19, as well as more likely to experience severe disease. (11) Our understanding of the specific impact of COVID–19 on pregnant people has grown significantly. Pregnant and newly delivered women are more susceptible to serious infection from COVID–19, a direct impact. In addition, the COVID–19 pandemic has further strained the health care system and decreased access to preconception, prenatal, and postpartum care. The lack of access to care, including mental health care, increases the risks of maternal mortality and morbidity, pregnancy loss, and infant mortality. It has also added another layer of fear and vulnerability for pregnant people, with disproportionate effects on people of color. (12) As of March 7, 2022, over 180,000 pregnant people in the United States have tested positive for COVID–19 and 293 pregnant people have died as a result of COVID–19. (13) The World Health Organization states that everyone has the right to safe and positive childbirth experience, whether or not they have a confirmed COVID–19 infection, this includes the right to respect and dignity, a companion of choice, clear communication by maternity staff, pain relief strategies, and mobility in labor when possible and the position of choice (14) A COVID–19 public health response without concerted Federal action and focus on maternal health care access and quality, research, data collection, mitigation of negative socioeconomic consequences of the pandemic, and protection of the right to safe and positive childbirth experience has exacerbated the maternal mortality and morbidity crisis. Risk has also increased for pregnant women who have not been provided with a continuum of respectful, responsive, and empowering care from preconception through postpartum, during the pandemic and beyond. 3. Definitions In this Act: (1) COVID–19 public health emergency The term COVID–19 public health emergency 42 U.S.C. 247d (2) Culturally congruent The term culturally congruent (3) Indian Tribe, Tribal organization, and urban Indian organization The terms Indian Tribe Tribal organization Indian tribe tribal organization 25 U.S.C. 5304 urban Indian organization 25 U.S.C. 1603 (4) Maternal mortality The term maternal mortality (5) Postpartum The term postpartum (6) Respectful maternity care The term respectful maternity care (A) is culturally congruent and linguistically appropriate; (B) maintains a person's dignity, privacy, and confidentiality; (C) ensures freedom from harm and mistreatment; and (D) enables informed choice and continuous support during labor, childbirth, and postpartum. (7) Secretary The term Secretary (8) Severe maternal morbidity The term severe maternal morbidity 4. Emergency funding for Federal data collection, surveillance, and research on maternal health outcomes during the COVID–19 public health emergency or a future public health emergency To conduct or support data collection, surveillance, and research on maternal health as a result of the COVID–19 public health emergency or a future public health emergency, including support to assist in the capacity building for State, Tribal, territorial, and local public health departments to collect and transmit racial, ethnic, and other demographic data related to maternal health, there are authorized to be appropriated— (1) $100,000,000 for the Surveillance for Emerging Threats to Mothers and Babies program of the Centers for Disease Control and Prevention, to support the Centers for Disease Control and Prevention in its efforts to— (A) work with public health, clinical, and community-based organizations to provide timely, continually updated guidance to families and health care providers on ways to reduce health risks to mothers and babies and tailor interventions to improve their long-term health; (B) partner with more State, Tribal, territorial, and local public health programs in the collection and analysis of clinical data on the impact of COVID–19 and future public health emergencies on pregnant and postpartum patients and their newborns, including among pregnant people of color; and (C) establish regionally based centers of excellence to offer medical, public health, and other knowledge to ensure communities, especially communities of color, rural communities, and other underserved communities can help pregnant and postpartum patients and infants get the care they need; (2) $30,000,000 for the Enhancing Reviews and Surveillance to Eliminate Maternal Mortality program (commonly known as the ERASE MM program (3) $45,000,000 for the Pregnancy Risk Assessment Monitoring System (commonly known as the PRAMS (A) create a COVID–19 supplement to its PRAMS questionnaire; (B) add questions around experiences of respectful, responsive, and empowering maternity care in prenatal, intrapartum, and postpartum care; (C) conduct a rapid assessment of COVID–19 awareness, impact on care and experiences, and use of preventive measures among pregnant, laboring and birthing, and postpartum people during the COVID–19 public health emergency; and (D) work to transition the survey to an electronic platform and expand the survey to a larger population, with a special focus on reaching underrepresented communities and underserved communities, and with sensitivity to individuals who lack access to such a platform; and (4) $15,000,000 for the National Institute of Child Health and Human Development, to conduct or support research for interventions to mitigate the effects of the COVID–19 public health emergency on pregnant and postpartum people, including Black, Latinx, Asian-American and Pacific Islander, and American Indian and Alaska Native people, as well as people living in areas with limited maternity care. 5. COVID–19 maternal health data collection and disclosure (a) Data collection The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Administrator of the Centers for Medicare & Medicaid Services, shall make publicly available, on the website of the Centers for Disease Control and Prevention, pregnancy and postpartum data collected across all surveillance systems relating to COVID–19, disaggregated by race, ethnicity, primary language, disability status, gender identity, sexual orientation, immigration status, insurance status, and State and Tribal location, including the following: (1) Data related to all COVID–19 diagnostic testing, including the number of pregnant people and postpartum people tested and the number of positive cases. (2) Data related to all suspected cases of COVID–19 in pregnant, birthing, and postpartum people who did not undergo testing. (3) Data related to all COVID–19 serologic testing, including the number of pregnant and postpartum people tested and the number of such serologic tests that were positive. (4) Data related to treatment for COVID–19, including hospitalizations, emergency room, and intensive care unit admissions of pregnant, birthing, and postpartum people related to COVID–19. (5) Data related to COVID–19 outcomes, including total fatalities and case fatality (expressed as the proportion of people who were infected with COVID–19 and died from the virus) of pregnant and postpartum people. (6) Data related to pregnancy and infant health outcomes for pregnant people with confirmed or suspected COVID–19, which may include stillbirths, maternal mortality and morbidity, infant mortality, preterm births, low-birth weight infants, and cesarean section births. (7) Data related to all long-term effects of COVID–19 related to cases contracted during the pregnancy or postpartum period. (b) Timeline The Secretary shall update the data made available under this section not less frequently than monthly, during the COVID–19 public health emergency and for at least one month after the end of the COVID–19 public health emergency. (c) Privacy In publishing data under this section, the Secretary shall take all necessary steps to protect the privacy of people whose information is included in such data, including by complying with— (1) privacy protections under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 (2) protections from all inappropriate internal use by an entity that collects, stores, or receives the data, including use of such data in determinations of eligibility (or continued eligibility) in health plans, and from inappropriate uses. (d) Indian Health Service The Director of the Indian Health Service and Director of the Centers for Disease Control and Prevention shall consult with Indian Tribes and confer with urban Indian organizations on data collection and reporting for purposes of this section. (e) Data collection guidance The Secretary shall issue guidance to States and local public health departments to ensure that all relevant demographic data, including pregnancy and postpartum status, are collected and included when sending COVID–19 testing specimen to laboratories, and State and local health departments and Indian Tribes are disaggregating data on COVID–19 status in data on maternal and infant morbidity and mortality. The Secretary shall ensure that the guidance is developed in consultation with Indian Tribes to ensure that it includes Tribally developed best practices on reducing misclassification of American Indian and Alaska Native people in Federal, State, and local public health surveillance systems. 6. Public health communication regarding maternal care during COVID–19 (a) Public health campaign The Director of the Centers for Disease Control and Prevention shall undertake a robust public health education effort to enhance access by pregnant people, their employers, and their providers to accurate, evidence-based health information about COVID–19 and pregnancy, safety, and risk, with a particular focus on reaching pregnant and postpartum people in underserved communities. (b) Emergency temporary standard (1) In general In consideration of the grave risk presented by COVID–19 and the need to strengthen protections for employees, pursuant to section 6(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(c)(1) (2) Pregnant and postpartum employees The emergency temporary standard promulgated under this subsection shall include consideration of the risks and needs specific to pregnant and postpartum employees. (3) Inapplicable provisions of law and executive order The requirements of chapter 6 Regulatory Flexibility Act chapter 35 Paperwork Reduction Act 2 U.S.C. 1501 et seq. (c) Task force on birthing experience and safe, respectful, responsive, and empowering maternity care during pandemics and other public health emergencies (1) Establishment The Secretary, in consultation with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration, shall convene a task force to develop Federal recommendations regarding respectful, responsive, and empowering maternity care, including safe birth care and postpartum care, during public health emergencies. (2) Duties The task force established under paragraph (1) shall develop, publicly post, and update Federal recommendations in multiple languages to ensure quality, provide nondiscriminatory maternity care, promote positive birthing experiences, and improve maternal health outcomes during the COVID–19 public health emergency and future public health emergencies, with a particular focus on outcomes for communities of color and rural populations. Such guidelines and recommendations shall— (A) address, with particular attention to ensuring equitable treatment on the basis of race and ethnicity— (i) measures to facilitate respectful, responsive, and empowering maternity care; (ii) measures to facilitate telehealth maternity care for pregnant people who cannot regularly access in-person care; (iii) strategies to increase access to specialized care for those with high-risk pregnancies or pregnant individuals with elevated risk factors; (iv) diagnostic testing for pregnant and laboring patients; (v) birthing without one’s chosen companions, with one’s chosen companions, and with smartphone or other telehealth connection to one’s chosen companions; (vi) newborn separation after birth in relation to maternal infection status; (vii) breast milk feeding in relation to maternal infection status; (viii) licensure, training, scope of practice, and Medicaid and other insurance reimbursement for certified midwives, certified nurse-midwives, certified professional midwives, in a manner that facilitates inclusion of midwives of color and midwives from underserved communities; (ix) financial support and training for perinatal health workers who provide non-clinical support to people from pregnancy through the postpartum period, such as a doula, community health worker, peer supporter, lactation consultant, nutritionist or dietitian, social worker, home visitor, or a patient navigator in a manner that facilitates inclusion from underserved communities; (x) strategies to ensure and expand doula coverage under State Medicaid programs; (xi) how to identify, address, and treat prenatal and postpartum mental and behavioral health conditions, such as anxiety, substance use disorder, and depression, which may have arisen or increased during the COVID–19 public health emergency, and how to mitigate the impact of future public health emergencies on maternal mental health; (xii) how to identify and address instances of intimate partner violence during pregnancy which may arise or intensify during public health emergencies, and how to mitigate the impact of future public health emergencies on maternal mental health; (xiii) strategies to address hospital capacity concerns in communities with a surge in infectious disease cases and to provide childbearing people with options that reduce potential for cross-contamination and increase the ability to implement their care preferences while maintaining safety and quality, such as the use of auxiliary maternity units and freestanding birth centers; (xiv) provision of child care services during prenatal appointments for mothers whose children are unable to attend as a result of restrictions relating to the public health emergencies; (xv) how to identify and address racism, bias, and discrimination in the delivery treatment and support to pregnant and postpartum people, including evaluating the value of training for hospital staff on implicit bias and racism, respectful, responsive, and empowering maternity care, and demographic data collection; (xvi) how to address the needs of undocumented pregnant women and new mothers who may be afraid or unable to seek needed care during the COVID–19 public health emergency; (xvii) how to address the needs of uninsured pregnant women who have historically relied on emergency departments for care; (xviii) how to identify women at risk for depression, anxiety disorder, psychosis, obsessive-compulsive disorder, and other maternal mood disorders before, during, and after pregnancy, and how to treat those diagnosed with a postpartum mood disorder; (xix) how to effectively and compassionately screen for substance abuse during pregnancy and postpartum and help moms find support and effective treatment; and (xx) such other matters as the task force determines appropriate; (B) identify barriers to the implementation of the guidelines and recommendations; (C) take into consideration existing State and other programs that have demonstrated effectiveness in addressing pregnancy, birth, and postpartum care during the COVID–19 public health emergency; and (D) identify policies specific to COVID–19 that should be discontinued when safely possible and those that should be continued as the public health emergency abates. (3) Membership The task force established under paragraph (1) shall be comprised of— (A) representatives of the Department of Health and Human Services, including representatives of— (i) the Secretary; (ii) the Director of the Centers for Disease Control and Prevention; (iii) the Administrator of the Health Resources and Services Administration; (iv) the Administrator of the Centers for Medicare & Medicaid Services; (v) the Director of the Agency for Healthcare Research and Quality; and (vi) the Director of the Indian Health Service; (B) at least 3 State, local, or territorial public health officials representing departments of public health, who shall represent jurisdictions from different regions of the United States with relatively high concentrations of historically marginalized populations, to be appointed by the Secretary; (C) at least 1 Tribal public health official representing departments of public health; (D) 1 or more representatives of a community-based organization that addresses adverse maternal health outcomes with a specific focus on racial and ethnic inequities in maternal health outcomes, appointed by the Secretary, with special consideration given to organizations led by a person of color or from communities with significant minority populations; (E) 1 or more obstetrician-gynecologist or other physician who provides obstetric care, with special consideration for physicians who are from, or work in, communities experiencing, or that have experienced, the highest rates of COVID–19 mortality and morbidity; (F) 1 or more nurse, such as a certified nurse-midwife, women’s health nurse practitioner, or other nurse who provides obstetric care, with special consideration for nurses who are from, or work in, communities experiencing, or that have experienced, the highest rates of COVID–19 mortality and morbidity; (G) 1 or more perinatal health workers who provide non-clinical support to people from pregnancy through postpartum period, such as a doula, community health worker, peer supporter, lactation consultant, nutritionist or dietitian, social worker, home visitor, or patient navigator; (H) 1 or more patients who were pregnant or gave birth during the COVID–19 public health emergency; (I) 1 or more patients who contracted COVID–19 and later gave birth; (J) 1 or more patients who have received support from a perinatal health worker who provides prenatal and postpartum support, such as a doula, community health worker, peer supporter, lactation consultant, nutritionist or dietitian, social worker, home visitor, or a patient navigator, or a spouse or family member of such patient; and (K) racially and ethnically diverse representation from at least 3 independent experts with knowledge or field experience with racial and ethnic disparities in public health, women’s health, or maternal mortality and severe maternal morbidity. 7. GAO report on maternal health and public health emergency preparedness Not later than 1 year after the end of 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 (1) A review of the prenatal, labor and delivery, and postpartum experiences of people during the COVID–19 public health emergency, which shall— (A) identify barriers to accessing preconception, pregnancy, birth, and postpartum care during a pandemic, including maternal behavioral health care; (B) assess the extent to which public and private insurers were providing coverage for maternal health care during the public health emergency, including for telehealth services and out-of-hospital births; (C) review the impact of the continuous enrollment condition included in the Families First Coronavirus Response Act ( Public Law 116–127 (D) to the extent practicable, analyze maternal and infant health outcomes by race and ethnicity (including quality of care, mortality, morbidity, cesarean section rates, preterm birth, prevalence of prenatal and postpartum anxiety and depression, and other mood disorders) during the COVID–19 public health emergency and the impact of Federal and State policy changes made in response to the COVID–19 pandemic on such outcomes; (E) identify contributors to population-based disparities seen in COVID–19 outcomes, such as racial profiling of, and bias and discrimination against, Black, American Indian and Alaska Native, Latinx, and Asian-American and Pacific Islander people; (F) review the impact of increased unemployment, paid family leave, changes in health care coverage, and other social determinants of health for pregnant and postpartum people during the public health emergency, including intimate partner violence; and (G) assess the impact of the lack of inclusion of pregnant and lactating people in clinical trials for COVID–19 therapeutics and vaccines. (2) Consultation with maternity care providers, maternal behavioral health care specialists, researchers who specialize in women’s health or maternal mortality and severe maternal morbidity, people who experienced pregnancy or childbirth during the COVID–19 public health emergency, representatives from community-based organizations that address maternal health, and perinatal health workers who provide nonclinical support to pregnant and postpartum people (such as a doula, community health worker, peer support, certified lactation consultant, nutritionist or dietician, social worker, home visitor, or navigator). (3) Recommendations to improve the public health emergency response and preparedness efforts of the Federal Government specific to maternal health, with a particular focus on outcomes for minority women, including— (A) ways to improve research, surveillance, and data collection of the Federal Government related to maternal health; (B) ways for the Federal Government to factor maternal health outcomes and disparities into decisions regarding distribution of resources, including COVID–19 tests, personal protective equipment, and emergency funding; (C) the extent to which guidelines and recommendations of the Federal Government related to maternal health care during the COVID–19 public health emergency were culturally congruent and linguistically competent for minority women; (D) ways to improve the distribution of public health funds, data, and information to Indian Tribes and Tribal organizations with regard to maternal health during public health emergencies; and (E) opportunities to incentivize or require sponsors to include safety data on pregnant and lactating people for therapeutics and vaccines in emergency use authorization submissions.

Maternal Health Pandemic Response Act of 2022

Improving Treatment for Pregnant and Postpartum Women Act 2.0 This bill makes permanent a grant program that supports the provision of substance use disorder treatment to pregnant and postpartum women.

117 S5285 IS: Improving Treatment for Pregnant and Postpartum Women Act 2.0 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. 5285 IN THE SENATE OF THE UNITED STATES December 15, 2022 Mr. Luján Mr. Whitehouse Ms. Klobuchar Committee on Health, Education, Labor, and Pensions A BILL To extend the residential treatment program for pregnant and postpartum women pilot program, and for other purposes. 1. Short title This Act may be cited as the Improving Treatment for Pregnant and Postpartum Women Act 2.0 2. Residential treatment program for pregnant and postpartum women pilot program reauthorization Section 508(r) of the Public Health Service Act ( 42 U.S.C. 290bb–1(r) (1) by striking paragraph (4); (2) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and (3) in subparagraph (B) of paragraph (4), as so redesignated— (A) in the matter preceding clause (i), by striking The Director Not later than September 30, 2026, the Director (B) by striking the relevant committees of jurisdiction of the House of Representatives and the Senate the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives

Improving Treatment for Pregnant and Postpartum Women Act 2.0

Responsible Self-Regulation Act of 2022 This bill provides for the registration of an association of digital asset intermediaries with the Securities and Exchange Commission and the Commodity Futures Trading Commission. Upon the written request of a member of the association, a registered digital asset association is allowed to make an initial determination of the legal character of a digital asset, including as a security, an ancillary asset, or a commodity.

117 S5286 IS: Responsible Self-Regulation Act of 2022 U.S. Senate 2022-12-30 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. 5286 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Lummis Committee on Banking, Housing, and Urban Affairs A BILL To provide for the strengthening of the supervision of digital asset markets by self-regulatory organizations, and for other purposes. 1. Short title This Act may be cited as the Responsible Self-Regulation Act of 2022 2. Definitions (a) In general Subtitle VI of title 31, United States Code, is amended by adding after chapter 97 the following: 98 Digital assets Sec. 9801. Definitions. 9801. Definitions In this chapter: (1) Ancillary asset (A) In general The term ancillary asset 15 U.S.C. 77b(a)(1) (B) Exclusion The term ancillary asset (i) A debt or equity interest in that entity. (ii) Liquidation rights with respect to that entity. (iii) An entitlement to an interest or dividend payment from that entity. (iv) A profit or revenue share in that entity solely from the entrepreneurial or managerial efforts of others. (v) Any other financial interest in that entity. (2) Appropriate commission The term appropriate commission (3) Digital asset The term digital asset (A) means a natively electronic asset that— (i) confers economic, proprietary, or access rights or powers; and (ii) is recorded using cryptographically secured distributed ledger technology, or any similar analogue; and (B) includes— (i) virtual currency and ancillary assets; (ii) payment stablecoins; and (iii) any other security or commodity that meets the requirements of subparagraph (A). (4) Digital asset intermediary The term digital asset intermediary (A) means— (i) a person that— (I) holds a license, registration, or other similar authorization, as specified by this chapter, the Commodity Exchange Act ( 7 U.S.C. 1 et seq. 15 U.S.C. 77a et seq. 15 U.S.C. 77bb et seq. 15 U.S.C. 77aaa et seq. 15 U.S.C. 78a et seq. 15 U.S.C. 78aaa et seq. 15 U.S.C. 80a–1 et seq. 15 U.S.C. 80b–1 15 U.S.C. 80c (II) may conduct market activities relating in digital assets; or (ii) a person that is required by law to hold a license, registration, or other similar authorization described in clause (i); (B) includes— (i) a person that holds a license, registration, or other similar authorization under State or Federal law and issues a payment stablecoin; and (ii) a person that is required by law to hold a license, registration, or other similar authorization described in clause (i); and (C) does not include a depository institution. (5) Registered digital asset association The term registered digital asset association (6) Security The term security 15 U.S.C. 78c(a) (7) Virtual currency The term virtual currency (A) means a digital asset that— (i) is used primarily as a medium of exchange, unit of account, store of value, or any combination of such functions; (ii) is not legal tender, as described in section 5103; and (iii) does not derive value from, or is not backed by, an underlying financial asset (except other digital assets); and (B) includes a digital asset, consistent with subparagraph (A), that is accompanied by a statement from the issuer that a denominated or pegged value will be maintained and be available upon redemption from the issuer or other identified person, based solely on computer code deployed to a distributed ledger technology network that executes an instruction based on the occurrence or non-occurrence of a specified condition, or any similar analogue. . (b) Technical and conforming amendment The table of contents for subtitle VI of title 31, United States Code, is amended by adding at the end the following: 98. Digital assets 9801 . 3. Registered digital asset associations (a) In general Chapter 98 9802. Registered digital asset associations (a) Definitions In this section: (1) Nonmember professional The term nonmember professional (A) is a digital asset intermediary; and (B) is a not a member of a registered digital asset association or affiliated organization. (2) Registration information The term registration information (A) disciplinary actions, regulatory, judicial, and arbitration proceedings, and other information required by law or digital asset association rule; and (B) the source and status of the information described in subparagraph (A). (b) Registration; application An association of digital asset intermediaries may be registered as a digital asset association, under the terms and conditions provided in this section, and in accordance with the provisions of this section and section 9803, by jointly filing with the Securities and Exchange Commission and the Commodity Futures Trading Commission an application for registration, in such form as the commissions may require, containing the rules of the association and such other information and documents that may be prescribed as necessary or appropriate in the public interest or for customer protection. (c) Determinations by Commissions requisite to registration An association of digital asset intermediaries may not be registered as a registered digital asset association under subsection (b) unless a majority of the members of each of the Securities and Exchange Commission and the Commodity Futures Trading Commission, voting separately, determine that— (1) by reason of the number and the scope of the transactions of the association, the association will be able to carry out the purposes of this section; (2) the association is so organized, and has the capacity, to— (A) be able to carry out the purposes of this section and other applicable State and Federal laws; and (B) subject to any rule or order of the appropriate commission, enforce compliance by members of the association (and persons associated with those members) with the provisions of applicable law, the rules under those provisions, and the rules of the association; (3) the rules of the association provide that any digital asset intermediary may become a member of the association and any person may become associated with a member of the association; (4) the rules of the association ensure a fair representation of the members of the association, including emerging growth companies (as defined in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) (5) the rules of the association provide for the equitable allocation of reasonable dues, fees, and other charges among members of the association and other persons using any facility or system that the association operates or controls; (6) the rules of the association— (A) are designed to— (i) prevent fraudulent and manipulative acts and practices in order to promote just and equitable principles of trade; (ii) foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in digital assets; (iii) remove impediments to, and perfect the mechanism of, a free and open market; and (iv) protect customers and the public interest; and (B) are not designed to— (i) permit unfair discrimination between customers and digital asset intermediaries; (ii) fix minimum profits; (iii) impose any schedule or fix rates of commissions, allowances, discounts, or other fees to be charged by the members of the association; or (iv) regulate by virtue of any authority conferred by law matters not related to the purposes of this section or the administration of the association; (7) the rules of the association provide that, subject to any rule or order of the appropriate commission, the members of the association (and persons associated with those members) shall be appropriately disciplined for a violation of any provision of applicable law, the rules under such a provision, or the rules of the association by expulsion, suspension, limitation of activities, functions, and operations, fine, censure, a suspension or bar from being associated with a member, or any other fitting sanction; (8) the rules of the association are consistent with the provisions of subsection (h) and, in general, provide a fair procedure for— (A) the disciplining of members and persons associated with members; (B) the denial of membership to any person seeking membership in the association; (C) the barring of any person from becoming associated with a member of the association; and (D) the prohibition or limitation by the association of any person with respect to access to services offered by the association or a member of the association; (9) the rules of the association do not impose any burden on competition not necessary or appropriate in furtherance of the purposes of this section; (10) the requirements of subsection (d), as applicable, are satisfied; and (11) the rules of the association include provisions governing the form and content of quotations relating to digital assets, which shall be designed to— (A) produce fair and informative quotations; (B) prevent fictitious or misleading quotations; and (C) promote orderly procedures for collecting, distributing, and publishing quotations. (d) Rules; provision for registration of affiliated organization (1) In general The Securities and Exchange Commission and the Commodity Futures Trading Commission may permit or require the rules of an association applying for registration under subsection (b) to provide for the admission of an organization registered as an affiliated organization pursuant to subsection (e), to participate in the applicant association as an affiliate of the applicant association, under terms permitting powers and responsibilities to the affiliate, and under such other appropriate terms and conditions, as may be provided by the rules of the applicant association, if those rules appear to the commissions jointly to be necessary or appropriate in the public interest or for customer protection and to carry out the purposes of this section. (2) Duties and powers of the commissions The duties and powers of the Securities and Exchange Commission and the Commodity Futures Trading Commission with respect to any association or affiliate organization shall in no way be limited by reason of any such affiliation. (e) Registration as affiliated organization; prerequisites; association rules (1) In general An applicant organization shall not be registered as an affiliated organization, unless— (A) the organization, notwithstanding that the organization does not satisfy the requirements under subsection (c)(1), will, upon the registration of the organization under this subsection, be admitted to affiliation with an organization registered as a digital asset association pursuant to subsection (c), in the manner and under the terms and conditions provided by the rules of the registered digital asset association in accordance with subsection (d); and (B) the organization and the rules of the organization satisfy the requirements under paragraphs (2) through (11) of subsection (c). (2) Exception Any restrictions upon membership of an applicant organization shall not be less stringent than in the case of the registered digital asset association with which the organization is to be affiliated. (f) Dealings with nonmember professionals (1) In general The rules of a digital asset association may provide that no member of the association may deal with any nonmember professional except at the same prices, for the same commissions or fees, and on the same terms and conditions the member accords to the general public. (2) Rule of construction Nothing in this subsection may be construed to prevent any member of a registered digital asset association from granting to any other member of any other registered digital asset association any discount, allowance, commission, or special terms in connection with a digital asset transaction. (g) Denial of membership (1) In general Membership in a registered digital asset association under this section shall be limited to digital asset intermediaries. (2) Denial for public interest or consumer protection (A) In general A registered digital asset association may, and the appropriate commission, by order, may direct such an association to, as necessary or appropriate in the public interest or for customer protection, deny membership to any person, and bar from becoming associated with a member any person, that is subject to a statutory disqualification within the laws under the jurisdiction of that commission. (B) Notice A registered digital asset association shall file notice with the appropriate commission, in such form and containing such information as the appropriate commission shall require, not less than 30 days before admitting any person to membership or permitting any person to become associated with a member, if the association knew, or in the exercise of reasonable care should have known, that such person was subject to a statutory disqualification. (3) Procedure (A) In general A registered digital asset association may— (i) deny membership to, or condition the membership of, a digital asset intermediary, if— (I) the intermediary does not meet such standards of financial responsibility or operational capability, or such intermediary or any individual associated with the intermediary does not meet such standards of training, experience, and competence, as are prescribed by the rules of the association; or (II) the intermediary or person associated with the intermediary has engaged, and there is a reasonable likelihood the intermediary or person will again engage, in acts or practices inconsistent with just and equitable principles of trade; and (ii) examine and verify the qualifications of an applicant to become a member and the individuals associated with the applicant in accordance with procedures established by the rules of the association. (B) Association A registered digital asset association may— (i) bar an individual from becoming associated with a member, or condition the association of an individual with a member, if that individual— (I) does not meet such standards of training, experience, and competence as are prescribed by the rules of the association; or (II) has engaged, and there is a reasonable likelihood the individual will again engage, in acts or practices inconsistent with just and equitable principles of trade; (ii) examine and verify the qualifications of an applicant to become a person associated with a member in accordance with procedures established by the rules of the association; and (iii) require an individual associated with a member, or any class of such individuals, to be registered with the association in accordance with procedures so established. (C) Bar on association A registered digital asset association may bar any person from becoming associated with a member if that person does not agree— (i) to supply the association with such information with respect to the relationship and dealings of the person with the member as may be specified in the rules of the association; and (ii) to permit examination of the records of the person to verify the accuracy of any information supplied by the person under clause (i). (4) Denial for type of business (A) In general Subject to subparagraph (B), a registered digital asset association may deny membership to a digital asset intermediary not engaged in a type of business in which the rules of the association require members to be engaged. (B) Condition No digital asset association may deny membership to a digital asset intermediary by reason of the amount of such type of business done by such intermediary or the other types of business in which the intermediary is engaged. (h) Discipline of registered digital asset association members and persons associated with members; summary proceedings (1) Discipline (A) Notification In any proceeding by a registered digital asset association to determine whether a member, or a person associated with a member, should be disciplined (other than a summary proceeding pursuant to paragraph (3)), the association shall bring specific charges, notify such member or person of (and give the person an opportunity to defend against) those charges, and keep a record. (B) Statement A determination by a registered digital asset association to impose discipline in a proceeding under subparagraph (A) shall be supported by a statement setting forth— (i) any act or practice in which the member, or person associated with a member, has been found to have engaged, or that such member or person has been found to have omitted; (ii) the specific provision of law, the rules under such a provision, or the rules of the association that an act or practice described in clause (i), or omission to act, is charged with violating; and (iii) the sanction imposed and a justification for the sanction. (2) Denial of membership or services (A) Notification In any proceeding by a registered digital asset association to determine whether a person shall be denied membership, barred from becoming associated with a member, or prohibited or limited with respect to access to services offered by the association or a member of the association (other than a summary proceeding pursuant to paragraph (3)), the association shall— (i) notify that person and give the person an opportunity to be heard; (ii) provide the person the specific grounds for denial, bar, or prohibition or limitation under consideration; and (iii) maintain a record. (B) Statement A determination by a registered digital asset association to deny membership, bar a person from becoming associated with a member, or prohibit or limit a person with respect to access to services offered by the association or a member under subparagraph (A) shall be supported by a statement setting forth the specific grounds on which the denial, bar, or prohibition or limitation is based. (3) Summary proceeding (A) In general A registered digital asset association may summarily— (i) suspend a member of the association, or a person associated with such a member, that is— (I) expelled or suspended from any other digital asset association; or (II) barred or suspended from being associated with a member of another digital asset association; (ii) suspend a member of the association that is in such financial or operating difficulty that the association determines (and so notifies the appropriate commission) that the member cannot be permitted to continue to do business as a member, in order to protect customers, creditors, other members, or the association; or (iii) limit or prohibit any person from accessing services offered by the association if clause (i) or (ii) is applicable to that person, or, in the case of a person that is not a member of the association, if the association determines that the person— (I) does not meet the qualification requirements or other prerequisites for that access; and (II) cannot be permitted to continue to have such access with safety, in order to protect customers, creditors, members, or the association. (B) Opportunity for hearing Any person aggrieved by a summary action under subparagraph (A) shall be promptly afforded an opportunity for a hearing by the applicable digital asset association in accordance with the provisions of paragraph (1) or (2). (C) Stay The appropriate commission, by order, may stay a summary action described in subparagraph (A) on the motion of the commission or upon application by any person aggrieved by the summary action, if the commission determines summarily or after notice and opportunity for hearing (which may consist solely of the submission of affidavits or presentation of oral arguments) that the stay is consistent with the public interest and customer protection. (i) Obligation To maintain registration, disciplinary, and other data (1) Maintenance of system to respond to inquiries A registered digital asset association shall establish and maintain— (A) a system for collecting and retaining registration information; and (B) a website, including an application programming interface, to receive and promptly respond to inquiries regarding registration information on the members of the association and associated persons with respect to those members. (2) Recovery of costs A registered digital asset association may charge persons making inquiries described in paragraph (1)(B), other than individual customers of digital asset intermediaries, reasonable fees for responses. (3) Process for disputed information Each registered digital asset association shall adopt rules establishing a process for disputing the accuracy of information provided in response to inquiries under this subsection. (4) Limitation on liability A registered digital asset association, or any digital asset intermediary reporting information to such an association, shall not have any liability to any person for any actions taken or omitted in good faith under this subsection. (j) Avoidance of duplicative rules (1) In general Each digital asset association registered under subsection (b) shall issue rules as necessary to avoid duplicative or conflicting rules applicable to any digital asset intermediary that is a member of a national securities exchange, board of trade, contract market, registered securities association, registered futures association, or similar digital asset association. (2) Other membership A digital asset intermediary shall not be required to become a member of another digital asset association unless the intermediary performs activities with financial assets other than digital assets. (3) Non-digital asset activities (A) Rules by Commissions The Securities and Exchange Commission and the Commodity Futures Trading Commission shall jointly prescribe rules under which a digital asset intermediary that is a member or affiliate of a digital asset association registered under this section may perform activities with financial assets other than digital assets, if those activities are not a majority of the business of an intermediary and are conducted in a responsible manner, without membership in another digital asset association. (B) Rules by digital asset associations A registered digital asset association under this section shall adopt rules governing activities with financial assets other than digital assets, which shall be consistent with existing law, rule, guidance or industry best practices or the rules of other digital asset associations. . (b) Technical and conforming amendment The table of sections for chapter 98 9802. Registered digital asset associations. . 4. Registration, rulemaking, and supervision of digital asset associations (a) In general Chapter 98 9803. Registration, rulemaking, and supervision of digital asset associations (a) Registration procedures; notice of filing; other regulatory agencies (1) Publication of notice (A) In general The Securities and Exchange Commission and Commodity Futures Trading Commission shall, upon the filing of an application for registration as a digital asset association under section 9802, publish notice of that filing and afford interested persons an opportunity to submit written data, views, and arguments concerning the application. (B) Requirements Not later than 90 days after the date on which notice is published under subparagraph (A), or within a longer period to which the applicable applicant consents, the Securities and Exchange Commission and Commodity Futures Trading Commission shall— (i) by joint order, grant registration of the digital asset association; or (ii) institute proceedings to determine whether registration should be denied. (C) Proceedings (i) In general Proceedings instituted under subparagraph (B)(ii) shall include notice of the grounds for denial under consideration and opportunity for hearing before the joint commissions. (ii) Hearing A hearing described in clause (i) shall be concluded not later than 180 days after the date on which notice of the filing of the application for registration is published under subparagraph (A). (iii) Further proceedings (I) Separate votes At the conclusion of a hearing conducted under this subparagraph, and not later than the end of the 180-day period described in clause (ii), the Securities and Exchange Commission and Commodity Futures Trading Commission, voting separately, shall act to grant or deny the applicable registration. (II) Effect of failure to issue joint order The failure of the Securities and Exchange Commission and Commodity Futures Trading Commission to issue a joint order during the period described in subclause (I) shall be deemed to be a denial of the applicable registration. (D) Considerations With respect to an application for registration described in this paragraph, the Securities and Exchange Commission and Commodity Futures Trading Commission shall— (i) grant registration if all statutory requirements have been met and the rules under those statutory provisions with respect to the applicant are satisfied; and (ii) deny such registration if the commissions do not make the findings described in clause (i). (2) Withdrawal from registration (A) In general A digital asset association may, upon such terms and conditions as the Securities and Exchange Commission and Commodity Futures Trading Commission, by rule, determine necessary or appropriate in the public interest or for the protection of customers, withdraw from registration described in paragraph (1) by filing a written notice of withdrawal with the commissions. (B) Considerations (i) In general If the Securities and Exchange Commission and Commodity Futures Trading Commission, voting separately, each finds that a digital asset association is no longer in existence or has ceased to do business in the capacity specified in the application for registration submitted by the association, the commissions may cancel the registration of the association. (ii) Effect of failure to vote The failure to issue a joint order described in clause (i) shall be deemed to maintain the registration of the applicable digital asset association. (C) Effect of withdrawal, cancellation, suspension, or revocation Upon withdrawal by registration or the cancellation, suspension, or revocation of the registration of a digital asset association, the registration of any association affiliated with the association shall automatically terminate. (b) Proposed rule changes; notice; proceedings (1) In general Except as otherwise provided in paragraph (2)— (A) a digital asset association shall file with the appropriate commission, in accordance with the rules of that commission, copies of any proposed rule or any proposed change in, addition to, or deletion from the rules of such digital asset association accompanied by a concise general statement of the basis and purpose of such proposed rule change; (B) the appropriate commission shall— (i) as soon as practicable after the date on which a proposed rule change is filed under subparagraph (A), publish notice of that filing together with the terms of substance of the proposed rule change or a description of the subjects and issues involved; and (ii) give interested persons an opportunity to submit written data, views, and arguments concerning that proposed rule change; (C) no proposed rule change described in subparagraph (A) shall take effect unless approved by the appropriate commission or otherwise permitted in accordance with the provisions of this subsection; and (D) no proposed rule change described in subparagraph (A) relating to a matter under the jurisdiction of more than 1 commission may be filed. (2) Approval process (A) Approval process established (i) In general Except as provided in clause (ii), not later than 30 days after the date on which notice of a proposed rule change is published under paragraph (1), the appropriate commission shall— (I) by order, approve or disapprove the proposed rule change; or (II) institute proceedings under subparagraph (B) to determine whether the proposed rule change should be disapproved. (ii) Extension of time period The appropriate commission may extend the period established under clause (i) by not more than an additional 30 days, if— (I) the commission determines that a longer period is appropriate and publishes the reasons for that determination; or (II) the digital asset association that filed the proposed rule change consents to a longer period. (B) Proceedings (i) Notice and hearing If the appropriate commission does not approve or disapprove a proposed rule change under subparagraph (A), the commission shall provide to the digital asset association that filed the proposed rule change— (I) notice of the grounds for disapproval under consideration; and (II) opportunity for hearing, to be concluded not later than 180 days after the date of publication of notice of the filing of the proposed rule change. (ii) Order of approval or disapproval (I) In general Except as provided in subclause (II), not later than 180 days after the date on which notice is published under paragraph (1), the appropriate commission shall issue an order approving or disapproving the proposed rule change that is the subject of the notice. (II) Extension of time period The appropriate commission may extend the period for issuance under clause (I) by not more than 60 days, if— (aa) the commission determines that a longer period is appropriate and publishes the reasons for such determination; or (bb) the digital asset association that filed the proposed rule change consents to the longer period. (C) Standards for approval and disapproval (i) Approval The appropriate commission shall approve a proposed rule change of a digital asset association if the commission finds that the proposed rule change is consistent with law. (ii) Time for approval The appropriate commission may not approve a proposed rule change earlier than 30 days after the date of publication of notice with respect to the proposed rule change under paragraph (1), unless the commission finds good cause for so doing and publishes the reason for the finding. (D) Result of failure to institute or conclude proceedings A proposed rule change shall be deemed to have been approved by the appropriate commission, if— (i) the commission does not approve or disapprove the proposed rule change, or begin proceedings under subparagraph (B), within the period described in subparagraph (A); or (ii) the commission does not issue an order approving or disapproving the proposed rule change under subparagraph (B) within the period described in subparagraph (B)(ii). (E) Publication date based on federal register publishing (i) In general For purposes of this paragraph, if, after filing a proposed rule change with the appropriate commission under paragraph (1), a digital asset association publishes a notice of the filing of that proposed rule change, together with the substantive terms of that proposed rule change, on a publicly accessible website, the commission shall send the notice to the Federal Register for publication of the proposed rule change under paragraph (1) not later than 5 days after the date on which that website publication is made. (ii) Effect of failing to send If the appropriate commission fails to send notice under clause (i) during the 5-day period described in that clause, the date of publication shall be deemed to be the date on which the applicable website publication is made. (3) Internal governance With respect to a proposed rule relating to the internal operation, governance, and procedures of a digital asset association, or a proposed rule relating to the determination of the legal character of a digital asset— (A) the proposed rule shall be— (i) subject to approval by the Securities and Exchange Commission and the Commodity Futures Trading Commission; and (ii) deemed to be approved on the date that is 5 days after the date on which the proposed rule is submitted, unless either commission objects to the proposed rule change; and (B) if a commission objects to the proposed rule change under subparagraph (A)(ii)— (i) the commission shall, in a public format, provide to the digital asset association and the non-objecting commission the reasons for the objection; (ii) the digital asset association, and interested members of the public, may provide written comments to the commissions during the 20-day period beginning on the date on which the objection is noted; and (iii) the Securities and Exchange Commission and the Commodity Futures Trading Commission, voting separately, shall jointly issue an order approving or disapproving the proposed rule, with the failure to issue such a joint order being deemed to be approval of the proposed rule. (4) Exception (A) In general Notwithstanding paragraphs (2) and (3), a proposed rule change shall take effect upon filing if self-certified by a digital asset association as— (i) constituting a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule of the digital asset association; (ii) establishing or changing a due, fee, or other charge imposed by the digital asset association on any person, whether or not the person is a member of the digital asset association; or (iii) notwithstanding any other provision of this subsection, necessary for customer protection, the maintenance of fair and orderly markets, or the safeguarding of digital assets, customer funds, or other property, in which case the proposed rule change under shall be filed promptly thereafter in accordance with paragraph (1). (B) Enforcement (i) In general Any proposed rule change of a digital asset association that has taken effect under subparagraph (A) may be enforced by the association to the extent the rule change is not inconsistent with applicable law. (ii) Suspension (I) In general At any time during the 60-day period beginning on the date on which a proposed rule change is filed under paragraph (1), the appropriate commission may temporarily and summarily suspend the change in the rules of the applicable digital asset association on a temporary basis, if the commission determines that such action is necessary or appropriate in the public interest, for customer protection, or to otherwise comply with applicable law. (II) Requirements If a commission takes action under subclause (I), the commission shall institute proceedings under paragraph (2)(B) to determine whether the applicable proposed rule should be approved or disapproved. (iii) Rule of construction Action under this subparagraph shall not affect the validity or force of a proposed rule change during the period the rule change was in effect and shall not be reviewable in a judicial proceeding, nor deemed to be final agency action for purposes of section 704 of title 5. (5) Rule of construction relating to filing date of proposed rule changes (A) In general For purposes of this subsection, the date of filing of a proposed rule change shall be deemed to be the date on which the applicable commission receives the proposed rule change. (B) Exception (i) In general Subject to clause (ii), a proposed rule has not been received by the applicable commission for purposes of subparagraph (A), if, not later than 7 business days after the date on which the commission receives the rule, the commission notifies the applicable digital asset association that the proposed rule change does not comply with the rules of the commission relating to the required form of a proposed rule change. (ii) Lengthy and complex proposed rule changes (I) In general If the applicable commission determines that a proposed rule change is unusually lengthy, and is complex or raises novel regulatory issues, the commission shall inform the applicable digital asset association of that determination not later than 7 business days after the date on which the commission receives the rule. (II) Deadline For the purposes of subparagraph (A), a proposed rule change described in subclause (I) has not been received by the applicable commission, if, not later than 21 days after the date on which the commission receives the rule, the commission notifies the applicable digital asset association that the proposed rule change does not comply with the rules of the commission relating to the required form of a proposed rule change. (C) Applicability This paragraph shall not apply to a rule relating to the internal operations, governance, and procedure of a digital asset association. (c) Amendment of rules of digital asset associations (1) In general The appropriate commission may, by rule, abrogate, add to, and delete from the rules of a digital asset association as the commission determines necessary or appropriate to ensure the fair administration of the digital asset association or to conform the rules of the association to law or applicable rule, in the following manner: (A) The appropriate commission shall notify the digital asset association and publish notice of the proposed rulemaking in the Federal Register, which shall include the text of the proposed amendment to the rules of the digital asset association and a statement of the reasons of the commission, including any pertinent facts, for commencing the proposed rulemaking. (B) (i) The appropriate commission shall give interested persons an opportunity for the oral presentation of data, views, and arguments, in addition to an opportunity to make written submissions. (ii) A transcript shall be kept of any oral presentation under clause (i). (C) A rule adopted pursuant to this paragraph shall incorporate the text of the amendment to the rules of the digital asset association and a statement of the appropriate commission regarding the basis for amendment of the rule, which shall include an identification of any facts on which the determination of the commission to amend the rules of the digital asset association is based, including the reasons for the conclusions of the commission relating to any facts that were disputed in the rulemaking. (2) Rule of construction Nothing in this subsection may be construed to impair or limit the authority of the appropriate commission to make, or to modify or alter the procedures the commission may follow in making, rules pursuant to any other authority granted by law that is consistent with this subsection. (3) Effect of rules Any amendment to the rules of a digital asset association made by the appropriate commission under this subsection shall be considered for all purposes to be part of the rules of that digital asset association and shall not be considered to be a rule of the commission. (4) Consultations With respect to rules described in subsection (b)(4)(A)(iii), the appropriate commission shall consult with and consider the views of the other commission and the Secretary of the Treasury before abrogating, adding to, and deleting from those rules, except where the commission determines that an emergency exists requiring expeditious or summary action and publishes the reasons of the commission for taking that action. (d) Notice of disciplinary action taken by digital asset association against a member or participant; review of action by appropriate commission; procedure (1) In general If a digital asset association imposes any final disciplinary sanction on any member of the association, or any participant with respect to the association, denies membership or participation to any applicant, prohibits or limits any person from accessing services offered by the association or a member of the association, imposes any final disciplinary sanction on any person associated with a member, or bars any person from becoming associated with a member, the digital asset association shall promptly file notice of that action with the appropriate commission. (2) Review (A) In general Any action with respect to which a digital asset association is required to file notice under paragraph (1) shall be subject to review by the appropriate commission for the applicable member, participant, applicant, or other person, on its own motion, or upon application by any person aggrieved by that action if filed not later than 30 days after the date on which the notice was filed with the appropriate commission and received by the aggrieved person, or within such longer period as the appropriate commission may determine. (B) Application Application to the appropriate commission for review, or the institution of review by the commission on its own motion, shall not operate as a stay of an action described in subparagraph (A) unless the appropriate commission otherwise orders, summarily or after notice and opportunity for hearing on the question of a stay, which may consist solely of the submission of affidavits or presentation of oral arguments. (C) Stays For the purposes of this paragraph, each of the appropriate commissions shall establish for appropriate cases an expedited procedure for consideration and determination of the question of a stay. (3) Applicability This subsection shall apply only to the extent that a digital asset association imposes any final disciplinary sanction for— (A) a violation of Federal law or the rules issued under Federal law; or (B) a violation of a rule of the digital asset association, as to which a proposed change would be required to be filed under this section. (e) Disposition of review; cancellation, reduction, or remission of sanction (1) In general In any proceeding to review a final disciplinary sanction imposed by a digital asset association on a member of the association, a participant with respect to the association, or a person associated with such a member, after notice and opportunity for hearing, which may consist solely of consideration of the record before the digital asset association and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the sanction— (A) if the appropriate commission finds that such member, participant, or person associated with a member has engaged in such acts or practices, or has omitted such acts, as the digital asset association has found that person to have engaged in or omitted, that such acts or practices, or omissions to act, are in violation of law, the rules thereunder, or the rules of the digital asset association, and that such provisions are, and were applied in a manner, consistent with law, the commission, by order, shall— (i) make a declaration regarding that finding; and (ii) as appropriate— (I) affirm the sanction imposed by the digital asset association; (II) modify the sanction in accordance with paragraph (2); or (III) remand to the digital asset association for further proceedings; or (B) if the appropriate commission does not make a finding described in subparagraph (A), the commission shall, by order— (i) set aside the sanction imposed by the digital asset association; and (ii) if appropriate, remand to the digital asset association for further proceedings. (2) Modification If the appropriate commission for a member, participant, or person associated with a member, having due regard for the public interest and customer protection, finds, after a proceeding under paragraph (1), that a sanction imposed by a digital asset association upon that member, participant, or person associated with a member imposes any burden on competition not necessary or appropriate or is excessive or oppressive, the commission may cancel, reduce, or require the remission of that sanction. (f) Dismissal of review proceeding (1) In general In any proceeding to review the denial of membership or participation in a digital asset association to any applicant, the barring of any person from becoming associated with a member of a digital asset association, or the prohibition or limitation by a digital asset association of any person from accessing services offered by the digital asset association or any member of the association, if the appropriate commission, after notice and opportunity for hearing, which may consist solely of consideration of the record before the digital asset association and opportunity for the presentation of supporting reasons to dismiss the proceeding or set aside the action of the digital asset association, finds that the specific grounds on which that denial, bar, or prohibition or limitation is based exist in fact, that such denial, bar, or prohibition or limitation is in accordance with the rules of the digital asset association, and that such rules are, and were applied in a manner, consistent with law, the appropriate commission, by order, shall dismiss the proceeding. (2) Failure to make finding If the appropriate commission does not make a finding described in paragraph (1), or if the commission finds that the applicable denial, bar, prohibition, or limitation imposes any burden on competition not necessary or appropriate, the commission, by order, shall set aside the action of the digital asset association and require the association to admit the applicable applicant to membership or participation, permit that person to become associated with a member, or grant that person access to services offered by the digital asset association or a member of the association. (g) Suspension or revocation of digital asset association registration; other sanctions (1) In general If necessary or appropriate in the public interest, for customer protection, or otherwise in furtherance of the purposes of this section, the appropriate commissions, voting separately, may issue a joint order suspending for a period not exceeding 1 year or revoking the registration of a digital asset association, or censuring or imposing limitations upon the activities, functions, and operations of a digital asset association, if, the commissions find, on the record after notice and opportunity for hearing, that the digital asset association— (A) has violated or is unable to comply with any provision of law, rule, or the rules of the association without reasonable justification or excuse; or (B) has failed to enforce compliance with any provision by a member of the association or a person associated with a member of the association. (2) Expulsion The appropriate commission may, by order, if necessary or appropriate in the public interest, for customer protection, or otherwise in furtherance of the purposes of this section, to suspend for a period not exceeding 1 year or expel from a digital asset association, any member of a digital asset association, or participant with respect to a digital asset association, if such member or participant is subject to an order of the commission or if the commission, on the record after notice and opportunity for hearing, determines that the member or participant has willfully violated, or has effected any transaction for any other person who the member or participant had reason to believe was violating, with respect to such transaction any applicable provision of law under the jurisdiction of the commission. (3) Bar on association The applicable commission may, by order, if necessary or appropriate in the public interest, for customer protection, or otherwise in furtherance of the purposes of this section, to suspend for a period not exceeding 1 year or to bar any person from being associated with a member of such digital asset association, if the person is subject to an order of the appropriate commission or if the appropriate commission finds, on the record after notice and opportunity for hearing, that the person has willfully violated, or has effected any transaction for any other person who the person associated with a member had reason to believe was violating, with respect to the transaction any applicable provision of law under the jurisdiction of the commission. (4) Removal from office If necessary or appropriate in the public interest, for customer protection, or otherwise in furtherance of the purposes of this section, the Securities and Exchange Commission and the Commodity Futures Trading Commission, voting separately, may, by joint order, remove from office or censure any person who is, or at the time of the alleged misconduct was, an officer or director of a digital asset association, if the commissions find, on the record after notice and opportunity for a hearing before an impartial hearing officer, that such person has willfully violated any provision of law, the rules thereunder, or the rules of such digital asset association, willfully abused the authority of the person, or without reasonable justification or excuse has failed to enforce compliance with any provision of law by any member or person associated with a member. (h) Interagency working group The Securities and Exchange Commission and the Commodity Futures Trading Commission shall each appoint an equal number of employees, under the supervision of the Chairman of the respective commissions, to an interagency working group, which shall coordinate and facilitate the responsibilities and powers of the respective commissions under this chapter. . (b) Technical and conforming amendment The table of sections for chapter 98 9803. Registration, rulemaking, and supervision of digital asset associations. . 5. Records and reports; duties and powers of registered digital asset associations (a) In general Chapter 98 9804. Records and reports; duties and powers of registered digital asset associations (a) In general Each member of a registered digital asset association shall make, and keep for prescribed periods, such electronic records and disseminate reports as the registered digital asset association, by rule, prescribes as necessary or appropriate in the public interest. (b) Records subject to examination (1) Procedures for cooperation with other agencies (A) In general All records of a member described in subsection (a) are subject at any time, or from time to time, to reasonable periodic, special, or other examinations by the registered digital asset association of the member. (B) Notice Before conducting an examination under subparagraph (A), the examining authority shall— (i) inform all other relevant regulatory agencies and digital asset associations with jurisdiction over the member regarding the proposed examination; and (ii) consult concerning the feasibility and desirability of coordinating such examination with examinations conducted by other entities with a view to avoiding unnecessary duplication and undue regulatory burden. (C) Examinations of members Upon a showing of good cause, the Securities and Exchange Commission or the Commodity Futures Trading Commission, as applicable, may conduct a special examination of a registered digital asset association or a member of such an association. (D) Report With respect to an examination under this paragraph, the examining authority shall share such information, including reports of the examination, customer complaint information, and other nonpublic regulatory information, as may be appropriate to foster a coordinated approach to regulatory oversight for members that are subject to examination by more than 1 examining authority. (E) Requirements when examination not ongoing A registered digital asset association, at all times when an examination under this paragraph is not in progress, shall conduct ongoing supervision of members of the association, as may be provided by the rules of the association. (2) Clarification Notwithstanding any other provision of this subsection, the records of a member of a registered digital asset association shall not be subject to routine periodic examinations by the Securities and Exchange Commission or the Commodity Futures Trading Commission. (3) Examination standards Each registered digital asset association shall— (A) adopt tailored supervision and examination standards commensurate with the size and complexity of the association and risks faced by members of the association; (B) to the extent reasonably possible, reduce the regulatory burden for emerging growth companies, as defined in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) (C) in consultation with other registered digital asset associations, develop standard form customer agreements for the execution of digital asset transactions. (c) Registered digital asset associations (1) In general The Securities and Exchange Commission and Commodity Futures Trading Commission, shall, by rule or order, in order to foster cooperation and coordination among registered digital asset associations— (A) with respect to any person that is a member of or participant in more than 1 registered digital asset association, relieve any registered digital asset association of any responsibility— (i) to receive regulatory reports from the person; (ii) to examine the person for compliance; or (iii) to carry out other specified regulatory functions with respect to the person; and (B) allocate among registered digital asset associations the authority to adopt rules with respect to matters as to which, in the absence of the allocation, such registered digital asset associations share authority. (2) Considerations (A) In general In making a rule, or entering an order, under paragraph (1), the appropriate commission shall take into consideration the regulatory capabilities and procedures of the applicable registered digital asset associations, availability of staff, convenience of location, unnecessary regulatory duplication, and all other factors applicable to customer protection, cooperation and coordination among registered digital asset associations, and the development of a healthy digital asset market, which may include providing for the acceptance of examination reports prepared by a registered digital asset association under this chapter with respect to a digital asset intermediary for which digital asset activities constitute a majority of business, in lieu of examinations conducted by other registered digital asset associations. (B) Notification requirement The Securities and Exchange Commission or Commodity Futures Trading Commission, by rule or order, may require that a registered digital asset association relieved of any responsibility under this paragraph, and any person with respect to which that responsibility relates, to take such steps as are specified in any rule or order to notify customers of, and persons doing business with, the person of the limited nature of the responsibility of that registered digital asset association for the acts, practices, and course of business of the person. (d) Missing and stolen digital assets Each member of a registered digital asset association or other financial institution conducting digital asset transactions shall report to the Financial Crimes Enforcement Network of the Department of the Treasury such information as may be required by rule relating to digital asset theft or missing private keys for the possession or control of digital assets. (e) Confidentiality (1) Sharing of information (A) In general Section 24 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78x (B) Protection from inappropriate disclosure The commissions and a registered digital asset association shall ensure that all confidential information is not inappropriately disclosed pursuant to subparagraph (A). (2) Appropriate disclosure not prohibited Nothing in this subsection may be construed to authorize the Securities and Exchange Commission and Commodity Futures Trading Commission or a registered digital asset association to— (A) withhold information from Congress; or (B) prevent the commissions or an association from complying with— (i) a request for information from any Federal or State department or agency requesting the information for purposes within the scope of the jurisdiction of that department or agency; or (ii) an order of a court of the United States in an action brought by the United States or the commissions. (f) Best execution A registered digital asset association, in consultation with members of the association, the Securities and Exchange Commission, and the Commodity Futures Trading Commission, shall develop rules governing the best execution of digital asset transactions. (g) Initial determination of legal character (1) In general (A) Initial determination A registered digital asset association may make an initial determination of the legal character of a digital asset as a security, an ancillary asset, a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a (B) Consultation; hearings Upon receipt of a request under subparagraph (A), a registered digital asset association— (i) shall consult with the commissions and make an initial determination regarding the request, after public notice and comment, not later than 45 days after the date on which the association receives the request; and (ii) may hold a public hearing with respect to an initial determination described in clause (i), if— (I) the matter is of significant precedential value or complex; or (II) holding such a hearing is otherwise in the public interest. (2) Publication A registered digital asset association shall publish all determinations made under paragraph (1) on the website of the association. (h) Objection to initial determination (1) In general (A) Deadline for objection Not later than 30 days after the date on which an initial determination is made under subsection (g), the Securities and Exchange Commission or Commodity Futures Trading Commission may object to the initial determination of the registered digital asset association by issuing an order, after public notice, comment, and a hearing. (B) Effect of objection Upon an objection under subparagraph (A), the initial determination to which the objection applies shall be held in abeyance. (2) Order (A) In general Not later than 60 days after the date on which a commission objects under paragraph (1), the commissions shall, after public notice and comment of not less than 30 days, issue an order resolving the objection and the status of the digital asset, as described in subsection (g)(1)(A), which may include joint responsibility of the commissions. (B) Failure to issue If the Securities and Exchange Commission and the Commodity Futures Trading Commission fail to issue a joint order under subparagraph (A), the determination of the registered digital asset association under subsection (g) shall become final, unless an action is brought in an appropriate district court of the United States of competent jurisdiction. . (b) Technical and conforming amendment The table of sections for chapter 98 9804. Records and reports; duties and powers of registered digital asset associations. .

Responsible Self-Regulation Act of 2022

Safe at Home Act This bill requires each executive agency (except for the U.S. Census Bureau) and federal court to accept an address designated to an individual pursuant to an address confidentiality program (e.g., a program to protect stalking or domestic violence victims).

117 S5288 IS: Safe at Home 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. 5288 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Klobuchar Mr. Blunt Mrs. Capito Committee on Homeland Security and Governmental Affairs A BILL To require executive agencies and Federal courts to comply with address confidentiality programs, and for other purposes. 1. Short title This Act may be cited as the Safe at Home Act 2. Executive agency and Federal court compliance with State address confidentiality programs (a) Definitions In this section: (1) Address confidentiality program The term address confidentiality program (A) provides a designated address; (B) provides a mail-forwarding service; and (C) is designated by a participant as the legal agent of the participant to receive service of process. (2) Designated address The term designated address (3) Executive agency (A) In general The term executive agency Executive agency (B) Exception The term executive agency (4) Participant The term participant (5) Physical address The term physical address (6) State The term State (b) Acceptance of address confidentiality program Each executive agency and Federal court shall accept, for any purpose for which an individual is required to provide an address to the agency or court, an address designated to that individual pursuant to an address confidentiality program. (c) Exemption from liability A participant shall not be subject to Federal regulatory, civil, or criminal penalties for providing a designated address in lieu of the physical address of the participant to an executive agency or Federal court. (d) Regulatory compliance with address confidentiality programs Not later than 1 year after the date of the enactment of this Act, each executive agency shall review and, as necessary, modify existing regulations to comply with this Act. (e) Compliance with address confidentiality program procedures and exemption from FOIA (1) In general In the case of an executive agency or Federal court seeking to acquire the physical address of a participant, the agency or court shall comply with any applicable procedures of the applicable address confidentiality program for acquiring such address. (2) FOIA exemption (A) In general Upon acquiring a physical address under paragraph (1), the physical address— (i) shall be considered confidential; and (ii) subject to subparagraph (B), shall not be subject to any request pursuant to section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act (B) Exception In extreme circumstances, a court may order the disclosure of a physical address of a participant pursuant to a request pursuant to section 552 of title 5, United States Code, subject to a protective order against further disclosure. (f) Prompt notification upon termination from participation If the participation of an individual in an address confidentiality program is terminated, that individual shall promptly notify each executive agency or Federal court that accepted a designated address under subsection (b).

Safe at Home Act

STOP Act 2.0 This bill directs the Government Accountability Office to evaluate the implementation of a 2018 law that requires increased shipment-tracking responsibilities and coordination between the U.S. Postal Service and U.S. Customs and Border Protection regarding international shipments of controlled substances (e.g., fentanyl).

115 S5290 IS: STOP Act 2.0 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. 5290 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Klobuchar Mr. Portman Mrs. Capito Committee on Finance A BILL To require an evaluation of the implementation of the STOP Act of 2018, and for other purposes. 1. Short title This Act may be cited as the STOP Act 2.0 2. Evaluation of implementation of STOP Act of 2018 Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report evaluating the implementation of the provisions of and amendments made by the STOP Act of 2018 (subtitle A of title VIII of Public Law 115–271 (1) an identification of potential areas of risk with respect to the entry of illicit fentanyl, other synthetic opioids, and other narcotics and psychoactive substances into the United States by mail, including any openings that drug traffickers have found in the system established under the STOP Act of 2018; and (2) an assessment of— (A) the use of the authority provided under subclause (II) of section 343(a)(3)(K)(vi) of the Trade Act of 2002 ( 19 U.S.C. 1415(a)(3)(K)(vi) (B) whether the use of that authority should be decreased. 3. Public-private partnership regarding postal data The Secretary of Homeland Security and the Administrator of the Drug Enforcement Administration may enter into a public-private partnership with private parcel services to develop technology and processes for identifying information that could be used to identify the origin of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances, and precursors to such substances, including information on the origin of parcels and shipping information. 4. International collaboration The Secretary of State, in coordination with the Secretary of Homeland Security and the Administrator of the Drug Enforcement Administration, are authorized to share and receive information, consistent with existing law, on best practices regarding the detection of illicit fentanyl, other synthetic opioids, and other narcotics and psychoactive substances, and precursors to such substances, including such substances moving through the mail.

STOP Act 2.0

Access to Donor Milk Act of 2022 This bill establishes programs and requirements to support the provision of donor milk for infants by nonprofit milk banks, including by (1) allowing Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) funding to be used towards nonprofit milk banks, (2) establishing grants to expand the emergency capacity of nonprofit milk banks, and (3) establishing a donor milk awareness program.

117 S5292 IS: Access to Donor Milk 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. 5292 IN THE SENATE OF THE UNITED STATES December 15, 2022 Ms. Duckworth Committee on Agriculture, Nutrition, and Forestry A BILL To protect and expand access to donor milk, and for other purposes. 1. Short title This Act may be cited as the Access to Donor Milk Act of 2022 2. Definitions In this Act: (1) The term donor milk (2) The term nonprofit milk bank (A) meets standards established by the Food and Drug Administration for purposes of ensuring the safety of donor milk and milk banks; (B) collects, tests, processes, pasteurizes, and distributes donor milk, in compliance with applicable law; and (C) is described in section 501(c)(3) 26 U.S.C. 501(c)(3) 26 U.S.C. 501(a) 3. Findings Congress finds the following: (1) Human milk is the optimal first food for infants. (2) Medically vulnerable infants, including those born prematurely and those with congenital or acquired conditions, derive significant health benefits from human milk. (3) Mothers of medically vulnerable infants often face unique obstacles to producing enough milk. When a parent’s milk is not available, the provision of donor milk improves health outcomes for the infant, including decreasing rates of necrotizing enterocolitis. (4) Nonprofit milk banks provide a critical medical service. (5) The nonprofit milk banking model of collecting donor milk from uncompensated donors and accreditation ensures a safe and high-quality product for the Nation’s most vulnerable infants. 4. Support for donor milk activities Section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 (1) in subsection (b)(4), by inserting (including support for donor milk (as defined in section 2 of the Access to Donor Milk Act of 2022 promotion (2) in subsection (h)(1)(C)— (A) in clause (i), by striking clause (ii) clauses (ii) and (iii) (B) by adding at the end the following: (iii) Donor milk A State agency may use amounts made available under clause (i) for— (I) collecting and storing donations of unprocessed human milk; (II) the transfer of the milk described in subclause (I) to a nonprofit milk bank; and (III) making the milk transferred to a nonprofit milk bank under subclause (II) available to program participants at low or zero cost. . 5. Emergency capacity funding for milk banks (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Application An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds Expanding emergency capacity pursuant to a grant under this section may include— (1) publicizing the need for donor milk; (2) providing resources to patients and providing information to clinicians about donor milk; (3) covering donor milk collection, storage, transfer, and processing fees; (4) increasing staffing and supplies needed at nonprofit milk banks; and (5) purchasing consumable products needed for donor milk processing. (d) Eligible entity For purposes of this section, the term eligible entity (1) is a nonprofit milk bank accredited by an accrediting body recognized by the Food and Drug Administration; and (2) in the application submitted under subsection (b), demonstrates, with respect to such entity— (A) a rapid increase in demand for donor milk; or (B) a shortage of supplies needed to operate a nonprofit milk bank. (e) Authorization of appropriations For the purposes of carrying out this section, there are authorized to be appropriated $3,000,000 for fiscal year 2023, and such sums as may be necessary for each fiscal year thereafter. (f) Criteria The Secretary may award grants under subsection (a) only in the event of any of the following: (1) The Secretary determines that expanded capacity is necessary to respond to any 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 (2) The Secretary determines that Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (3) The Secretary determines emergency capacity is needed to ensure adequate supply is available to meet the demand for donor milk from a nonprofit donor milk bank. 6. Donor milk awareness program (a) Child nutrition The Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. 24. Donor milk awareness program (a) Definition of donor milk In this section, the term donor milk Access to Donor Milk Act of 2022 (b) Establishment The Secretary shall establish a donor milk awareness program (referred to in this section as the program (1) to educate the public on donor milk and nonprofit milk banks; and (2) to publicize the need for donor milk to be provided to nonprofit milk banks. (c) Conduct of program In carrying out the program, the Secretary may— (1) develop, or assist other entities to develop, appropriate educational materials, including public service announcements, promotional publications, and press kits, for the program; (2) publish information about the program on the website of the Department of Agriculture; and (3) distribute, or assist other entities to distribute, such materials, as appropriate, to public and private individuals and entities. (d) Cooperative agreements The Secretary may enter into cooperative agreements with Federal agencies, State and local governments, and other entities to carry out the program. (e) Authorization of appropriations For purposes of carrying out the program, there is authorized to be appropriated $1,000,000 for fiscal year 2023. . (b) HHS public awareness campaign with respect to donor milk from nonprofit milk banks (1) In general The Secretary of Health and Human Services shall develop a public awareness campaign with respect to donor milk from nonprofit milk banks. (2) Distribution of educational materials The public awareness campaign under paragraph (1) shall include the distribution of educational materials to— (A) clinicians, such as pediatric specialists, pediatricians, obstetricians, pediatric nutritionists, midwives, and lactation consultants; (B) expectant and new parents; and (C) community-based organizations. 7. Clarifying the regulatory status of donor milk (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to clarify the regulatory status (and any associated categorization) of donor milk provided by a nonprofit milk bank. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report regarding the issuance of guidance on the categorization of donor milk provided by a nonprofit milk bank under the rule issued under subsection (a).

Access to Donor Milk Act of 2022

Health Enterprise Zones Act of 2022 This bill provides for the designation of Health Enterprise Zones in certain geographic areas with documented and measurable health disparities. This designation, which expires 10 years after the date on which the first zone is designated, confers eligibility for certain grants, Medicare incentive payments, student loan repayment programs, and tax credits for those working to reduce health disparities and improve health outcomes in these zones. Specifically, community-based nonprofits or local government agencies, in coalition with health care providers, social service organizations, and others, may apply to the Department of Health and Human Services (HHS) for the designation. The application must include a plan to reduce health disparities and achieve other outcomes. In implementing the program, HHS must consult with, among others, the Department of Housing and Urban Development. When approving applications, HHS shall consider factors including geographic diversity and the commitment of supporting funds from the private sector. HHS (1) may award grants to organizations or agencies that applied for the designation to support activities aligned with their plans, and (2) must carry out a student loan repayment program for health care providers who agree to provide services in a Health Enterprise Zone. In addition, the bill establishes tax credits for employers that hire, and individuals who work as, Health Enterprise Zone workers.

117 S5293 IS: Health Enterprise Zones Act of 2022 U.S. Senate 2022-12-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 5293 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Padilla Committee on Finance A BILL To provide for the designation of areas as Health Enterprise Zones to reduce health disparities and improve health outcomes in such areas, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Health Enterprise Zones Act of 2022 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Designation of Health Enterprise Zones. Sec. 3. Consultation. Sec. 4. Tax incentives. Sec. 5. Grants. Sec. 6. Student loan repayment program. Sec. 7. Incentive payments for Medicare part B items and services furnished in Health Enterprise Zones. Sec. 8. Reporting. Sec. 9. Definitions. Sec. 10. Authorization of appropriations. 2. Designation of Health Enterprise Zones (a) Designation (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall, pursuant to applications submitted under subsection (c), designate areas as Health Enterprise Zones to reduce health disparities and improve health outcomes in such areas. (2) Eligibility of area To be designated as a Health Enterprise Zone under this section, an area shall— (A) be a contiguous geographic area in one census tract or ZIP Code; (B) have measurable and documented racial, ethnic, or geographic health disparities and poor health outcomes, demonstrated by— (i) average income below 150 percent of the Federal poverty line; (ii) a rate of participation in the special supplemental nutrition program under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 (iii) lower life expectancy than the national average; (iv) a higher percentage of instances of low birth weight than the national average; or (v) designation under section 332 of the Public Health Service Act ( 42 U.S.C. 254e (C) be part of a metropolitan statistical area or micropolitan statistical area identified by the Director of the Office of Management and Budget. (b) Solicitation of applications The Secretary shall— (1) not later than 1 year after the date of enactment of this Act, solicit applications under subsection (c); and (2) publish on the website of the Department of Health and Human Services— (A) the names of all applicants under subsection (c), together with the names of each applicant’s coalition partners; and (B) a description of all areas proposed to be designated as Health Enterprise Zones. (c) Submission of applications To seek the designation of an area as a Health Enterprise Zone, a community-based nonprofit organization or local governmental agency, in coalition with an array of health care providers, hospitals, nonprofit community health clinics, health centers, social service organizations, and other related organizations, shall submit an application to the Secretary. (d) Contents An application under subsection (c) shall— (1) include an effective and sustainable plan with respect to the area proposed for designation— (A) to reduce health disparities; (B) to reduce the costs of, or to produce savings to, the health care system; (C) to improve health outcomes; and (D) to utilize one or more of the incentives established pursuant to section 4, 5, or 6 of this Act, or section 1833(a) of the Social Security Act ( 42 U.S.C. 1395l(a) (2) identify specific diseases or indicators of health for improvement of health outcomes in such area, including at least one of the following: (A) Cardiovascular disease. (B) Asthma. (C) Diabetes. (D) Dental health. (E) Behavioral health. (F) Maternal and birth health. (G) Sexually transmitted infections. (H) Obesity. (e) Considerations The Secretary— (1) shall consider geographic diversity, among other factors, in selecting areas for designation as Health Enterprise Zones; and (2) may conduct outreach efforts to encourage a geographically diverse pool of applicants, including for designating Health Enterprise Zones in rural areas. (f) Priority In selecting areas for designation as Health Enterprise Zones, the Secretary shall give higher priority to applications based on the extent to which an area demonstrates the following: (1) Support from, and participation of, key stakeholders in the public and private sectors in the area proposed for designation, including residents and local governments of such area. (2) A plan for long-term funding and sustainability. (3) Supporting funds from the private sector. (4) Integration with any applicable State health improvement process or plan. (5) A plan for evaluation of the impact of designation of such area as a Health Enterprise Zone. (6) A plan to utilize existing State tax credits, grants, or other incentives to reduce health disparities and improve health outcomes in the proposed Health Enterprise Zone. (7) Such other factors as the Secretary determines are appropriate to demonstrate a commitment to reduce health disparities and improve health outcomes in such area. (g) Period of designation The designation under this section of an area as a Health Enterprise Zone shall be in effect until the date that is 10 years after the date on which the first such area is so designated. 3. Consultation The Secretary shall carry out this Act in consultation with— (1) the Secretary of Housing and Urban Development; and (2) the Deputy Assistant Secretary for Minority Health. 4. Tax incentives (a) Work opportunity credit for hiring Health Enterprise Zone workers (1) In general Section 51(d)(1) or , or (K) a qualified Health Enterprise Zone worker, to the extent that the qualified first-year wages with respect to such worker are paid for qualified Health Enterprise Zone work. . (2) Qualified Health Enterprise Zone worker Section 51(d) of such Code is amended by adding at the end the following new paragraph: (16) Health Enterprise Zones (A) Qualified Health Enterprise Zone worker The term qualified Health Enterprise Zone worker (B) Qualified Health Enterprise Zone work The term qualified Health Enterprise Zone work (C) Related terms For purposes of this paragraph, the terms Health Enterprise Zone Health Enterprise Zone practitioner Health Enterprise Zones Act of 2022 . (3) Effective date The amendments made by this subsection shall apply to amounts paid or incurred after the date of the enactment of this Act to individuals who begin work for the employer after such date. (b) Credit for Health Enterprise Zone workers (1) In general Subpart A of part IV of subchapter A of chapter 1 Public Law 117–169 25F. Credit for qualified Health Enterprise Zone workers (a) Allowance of credit In the case of a qualified Health Enterprise Zone worker, there shall be allowed as a credit against the tax imposed by this chapter for a taxable year an amount equal to 40 percent of wages received for qualified Health Enterprise Zone work during such taxable year. (b) Definitions For purposes of this section— (1) Qualified Health Enterprise Zone worker The term qualified Health Enterprise Zone worker Health Enterprise Zones Act of 2022 (2) Qualified Health Enterprise Zone work The term qualified Health Enterprise Zone work . (2) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code, as amended by section 13402(d) of Public Law 117–169 Sec. 25F. Credit for qualified Health Enterprise Zone workers. . (3) Effective date The amendments made by this subsection shall apply to wages received after the date of the enactment of this Act. 5. Grants (a) Authorization For each area designated under section 2 as a Health Enterprise Zone, the Secretary may award a grant to the community-based nonprofit organization or local governmental agency that applied for such designation to support such applicant and its coalition partners in reducing health disparities and improving health outcomes in such area. (b) Use of funds Programs and activities funded through a grant under this section shall be consistent with the grantee’s plan submitted pursuant to section 2(d)(1) and may include the following: (1) Subgrants to health care practitioners (A) In general For the purpose of improving or expanding the delivery of health care in the respective Health Enterprise Zone, the grantee may award subgrants to Health Enterprise Zone practitioners to defray costs related to innovative strategies listed in paragraph (2). (B) Eligibility To be eligible to receive a subgrant pursuant to subparagraph (A), a Health Enterprise Zone practitioner shall— (i) own or lease a health care facility in the Health Enterprise Zone; or (ii) provide health care in such a facility. (C) Amount The amount of a subgrant under subparagraph (A) may not exceed the lesser of— (i) $5,000,000; or (ii) 50 percent of the costs of the equipment, or capital or leasehold improvements. (2) Innovative strategies A grantee (or subgrantee) may use a grant received under this section (or a subgrant received under paragraph (1)) to implement innovative public health strategies in the respective Health Enterprise Zone, which strategies may include— (A) internships and volunteer opportunities for students who reside in the Health Enterprise Zone; (B) funding resources to improve health care provider capacity to serve non-English speakers; (C) operation of medical, mental and behavioral health, and dental mobile clinics; (D) provision of transportation to and from medical appointments for patients; (E) funding resources to improve access to healthy food, recreation, and high-quality housing; (F) capital or leasehold improvements to a health care facility in the respective Health Enterprise Zone; and (G) medical or dental equipment to be used in such a facility. 6. Student loan repayment program (a) In general The Secretary shall carry out a loan repayment program under which the Secretary enters into agreements with eligible Health Enterprise Zone practitioners to make payments on the principal and interest of the eligible educational loans of such practitioners for each year such practitioners agree to provide health care services in a Health Enterprise Zone. (b) Limitations In entering into loan repayment agreements under this section, the Secretary may not agree to— (1) make payments for more than 10 years with respect to a practitioner; or (2) pay more than $10,000 per year, or more than a total of $100,000, with respect to a practitioner. (c) Ineligibility for double benefits No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both— (1) this section; and (2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of the Public Health Service Act ( 42 U.S.C. 254l–1 20 U.S.C. 1078–10 (d) Definitions In this section: (1) The term eligible educational loan (2) The term eligible Health Enterprise Zone practitioner (A) agrees to provide health care services in a Health Enterprise Zone for a specified period that is not less than one year; and (B) has one or more eligible educational loans. 7. Incentive payments for Medicare part B items and services furnished in Health Enterprise Zones Section 1833(a) of the Social Security Act ( 42 U.S.C. 1395l(a) (ee) Incentive payments for items and services furnished in Health Enterprise Zones (1) In general In the case of items and services furnished under this part in an area that is designated as a Health Enterprise Zone section 2(a)(1) of the Health Enterprise Zones Act of 2022 (2) Coordination with other payments The amount of the additional payment for an item or a service under this subsection and subsection (m) shall be determined without regard to any additional payment for the item or service under subsection (m) and this subsection, respectively. The amount of the additional payment for an item or a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the item or service under subsection (z) and this subsection, respectively. . 8. Reporting (a) In general Not later than the day that is 10 years after the first Health Enterprise Zone is designated under section 2(a)(1), the Secretary shall submit to Congress a report on the implementation of this Act (and the amendments made by this Act) and the results thereof. (b) Contents Each report under subsection (a) shall— (1) specify the number and types of incentives provided pursuant to this Act in each Health Enterprise Zone designated under section 2; and (2) include evidence of the extent to which the incentives utilized by each Health Enterprise Zone have succeeded— (A) in attracting health care practitioners to practice in Health Enterprise Zones; (B) in reducing health disparities and improving health outcomes in Health Enterprise Zones; and (C) in reducing health costs and hospital admissions and readmissions in Health Enterprise Zones. 9. Definitions In this Act: (1) The term Health Enterprise Zone (2) The term Health Enterprise Zone practitioner (A) is licensed or certified in accordance with applicable State law to treat patients in the respective Health Enterprise Zone; (B) provides— (i) primary care, which may include obstetrics, gynecological services, pediatric services, or geriatric services; (ii) behavioral health services, which may include mental health or substance use disorder services; or (iii) dental services; and (C) is a participating provider of services or supplier 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. (3) The term Secretary 10. Authorization of appropriations To carry out this Act, there is authorized to be appropriated such sums as may be necessary for the period beginning on the date of enactment of this Act and ending on the last day of the 10-year period that begins on the date on which the first Health Enterprise Zone is designated under section 2(a)(1).

Health Enterprise Zones Act of 2022

Legacy Mine Cleanup Act of 2022 This bill establishes the Office of Mountains, Deserts, and Plains within the Environmental Protection Agency. The office must address abandoned hardrock mines, including by (1) establishing and annually updating a list of abandoned hardrock mine sites that are prioritized for response actions, and (2) updating every five years an interagency plan to carry out response actions at Navajo Nation abandoned uranium mine sites.

117 S5294 IS: Legacy Mine Cleanup Act of 2022 U.S. Senate 2022-12-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 5294 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Kelly Ms. Lummis Committee on Environment and Public Works A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to establish within the Environmental Protection Agency the Office of Mountains, Deserts, and Plains, and for other purposes. 1. Short title This Act may be cited as the Legacy Mine Cleanup Act of 2022 2. Office of Mountains, Deserts, and Plains Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. 129. Office of Mountains, Deserts, and Plains (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Environment and Public Works of the Senate; (D) the Committee on Health, Education, Labor, and Pensions of the Senate; (E) the Committee on Indian Affairs of the Senate; (F) the Committee on Appropriations of the House of Representatives; (G) the Committee on Energy and Commerce of the House of Representatives; (H) the Committee on Transportation and Infrastructure of the House of Representatives; (I) the Committee on Natural Resources of the House of Representatives; and (J) the Committee on Oversight and Reform of the House of Representatives. (2) Covered mine The term covered mine (3) Eligible non- NPL The term eligible non-NPL site (A) that is not on the National Priorities List; but (B) with respect to which the Administrator determines that— (i) the site would be eligible for listing on the National Priorities List based on the presence of hazards from contamination at the site, applying the hazard ranking system described in section 105(c); and (ii) for removal site evaluations, engineering evaluations/cost analyses, remedial planning activities, remedial investigations and feasibility studies, and other actions taken pursuant to section 104(b), the site— (I) has undergone a pre-CERCLA screening; and (II) is included in the Superfund Enterprise Management System. (4) Navajo Nation abandoned uranium mine site The term Navajo Nation abandoned uranium mine site (5) Office The term Office (6) Regional Office The term Regional Office (b) Establishment (1) In general There is established within the Environmental Protection Agency the Office of Mountains, Deserts, and Plains. (2) Director The Office shall be headed by a Director, to be appointed by the Administrator (or a designee). (c) Purposes The purposes of the Office shall be— (1) to coordinate and provide oversight over response actions of the Environmental Protection Agency carried out at a covered mine in accordance with this Act; (2) to establish and disseminate best practices for covered mine response actions, including identifying innovative technologies and reuse approaches that support those response actions; (3) to collaborate with Regional Offices, Federal land management agencies, States, and voluntary nongovernmental organizations, watershed groups, nonliable mining companies, and other entities to facilitate voluntary response actions at covered mines; (4) to lead Environmental Protection Agency efforts to coordinate and expedite the completion of response actions at covered mines on Tribal land, including Navajo Nation abandoned uranium mine sites; (5) to coordinate with the Secretary of the Interior, the Secretary of Energy, the Secretary of Health and Human Services, the Nuclear Regulatory Commission, and other Federal agencies, as the Administrator determines to be appropriate, to ensure interagency coordination of covered mine response actions, with priority given to coordinating, and where possible, combining, Federal efforts to fund response actions at covered mines for which there is no potentially responsible party; and (6) to carry out other actions, as determined to be necessary by the Administrator— (A) to support efforts to investigate, characterize, or cleanup a discharge, release, or threat of release of a hazardous substance, pollutant, or contaminant into the environment at or from a covered mine; or (B) to otherwise protect and improve human health and the environment. (d) Duties The Administrator shall carry out through the Office, at a minimum, the following duties: (1) Emphasis list (A) In general The Administrator shall establish a list of covered mines that are prioritized for response actions under this Act. (B) Updates; reports The Administrator shall annually— (i) update the list under subparagraph (A); and (ii) submit to the appropriate committees of Congress a report describing the covered mines on the list. (C) Coordination The Administrator shall— (i) regularly coordinate with Regional Offices, Federal agencies, States, Indian tribes, and stakeholders to make progress with respect to the covered mines on the list under subparagraph (A); and (ii) ensure that Regional Offices make progress with respect to each covered mine on the list. (2) Community engagement The Administrator shall— (A) maintain and update, as needed, best practices for engaging with local communities with respect to response actions on covered mines; and (B) coordinate with Regional Offices to support engagement with local communities described in subparagraph (A). (3) Process improvement (A) In general The Administrator shall— (i) establish a standard process for developing, reviewing, and approving site assessments, remedial investigations, and feasibility studies for covered mines; (ii) conduct research of, and identify, technologies and remedial and removal approaches that are the most successful in limiting the acute and chronic risks posted to human health and the environment by covered mines; (iii) to the extent technically feasible, establish remedial and removal standards for various types of covered mines, including type of mineral and design; and (iv) support— (I) consultations with Indian tribes with respect to covered mines; and (II) efforts to provide regular updates to all levels a Tribal government with respect to response actions for covered mines. (B) Tribal consultation In supporting consultations with Indian tribes under subparagraph (A)(iv)(I), the Administrator shall— (i) share all available covered mine data with Tribal partners; and (ii) ensure that Tribal allottee right-of-way regulations of the Eastern Regional Office of the Bureau of Indian Affairs are followed. (4) Interagency plan to address uranium contamination on the Navajo Nation Not later than 1 year after the date of enactment of this section, and not less frequently than once every 5 years thereafter, the Administrator, in consultation with all levels of affected Tribal governments, shall prepare and submit to the appropriate committees of Congress a report describing a multi-year interagency plan for the coordination of the Federal Government with States and Tribal governments to carry out response actions at Navajo Nation abandoned uranium mine sites, including— (A) goals for the assessment of, and response actions at, Navajo Nation abandoned uranium mine sites; (B) target dates by which goals described in subparagraph (A) are anticipated to be achieved; and (C) the activities to be carried out by each Federal agency under the plan. (5) Administrative and technical assistance The Administrator shall, as appropriate, provide to States, units of local government, Indian tribes, and other entities technical assistance with respect to response actions on covered mines. (e) Authorization of appropriations for superfund actions at abandoned hardrock mining sites on Tribal land (1) Authorization of appropriations In addition to amounts otherwise available, there are authorized to be appropriated for each of fiscal years 2023 through 2032, to remain available until expended— (A) $97,000,000 to the Administrator to carry out this subsection (except for paragraph (3)); and (B) $3,000,000 to the Administrator of the Agency for Toxic Substances and Disease Registry to carry out paragraph (3). (2) Uses of amounts Amounts appropriated under paragraph (1)(A) shall be used by the Administrator— (A) to carry out removal actions on abandoned hardrock mine land located on Tribal land; (B) to carry out response actions, including removal and remedial planning activities, removal and remedial studies, remedial actions, and other actions taken pursuant to section 104(b) on abandoned hardrock mine land located on Tribal land at— (i) eligible non-NPL sites; and (ii) sites listed on the National Priorities List; and (C) to make grants under paragraph (4). (3) Health assessments Subject to the availability of appropriations, the Agency for Toxic Substances and Disease Registry, in coordination with Tribal health authorities, shall perform 1 or more health assessments at each eligible non-NPL site that is located on Tribal land. (4) Tribal grants (A) In general The Administrator may use amounts appropriated under paragraph (1)(A) to make grants to eligible entities for the purposes described in subparagraph (C). (B) Eligible entities An entity that is eligible to receive a grant under this paragraph is— (i) the governing body of an Indian tribe; and (ii) a legally established organization of Indians that— (I) is controlled, sanctioned, or chartered by the governing bodies of 1 or more Indian tribes to be served, or that is democratically elected by the adult members of the Indian community to be served, by that organization; and (II) includes the maximum participation of Indians in all phases of the activities of that organization. (C) Use of grant funds A grant under this paragraph shall be used— (i) for carrying out activities in accordance with the second sentence of section 117(e)(1); (ii) for obtaining technical assistance in carrying out response actions under clause (iii); or (iii) for carrying out response actions, if the Administrator determines that the Indian tribe has the capability to carry out any or all of those response actions in accordance with the criteria and priorities established pursuant to section 105(a)(8). (D) Applications To be eligible to receive a grant under this paragraph, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (E) Cost share The Federal share of the cost of activities carried out using a grant under this paragraph shall be 100 percent. (5) Statute of limitations If a response action described in paragraph (2)(B) is scheduled at an eligible non-NPL site, no action may be commenced for damages with respect to that eligible non-NPL site unless the action is commenced within the timeframe provided for such actions with respect to facilities on the National Priorities List in the first sentence of the matter following subparagraph (B) of section 113(g)(1). (6) Coordination The Administrator shall coordinate with the Indian tribe on whose land the applicable site is located in— (A) selecting and prioritizing sites for response actions under subparagraphs (A) and (B) of paragraph (2); and (B) carrying out those response actions. . 3. Abandoned and inactive noncoal mine restoration Section 560 of the Water Resources Development Act of 1999 ( 33 U.S.C. 2336 (1) in subsection (c), by inserting or on land taken into trust by the Secretary of the Interior on behalf of, and for the benefit of, an Indian Tribe land owned by the United States (2) in subsection (f), by striking $30,000,000 $50,000,000

Legacy Mine Cleanup Act of 2022

Comprehensive Cancer Survivorship Act This bill establishes programs and requirements to support the provision of services for cancer survivors, including Medicare coverage of cancer care planning and coordination services, grant programs for navigation services for cancer survivors, and a model to provide cancer survivorship care planning for children under Medicaid and the Children's Health Insurance Program (CHIP).

117 S5295 IS: Comprehensive Cancer Survivorship Act U.S. Senate 2022-12-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 5295 IN THE SENATE OF THE UNITED STATES December 19, 2022 Ms. Klobuchar Mr. Cardin Committee on Finance A BILL To address the health of cancer survivors and unmet needs that survivors face through the entire continuum of care from diagnosis through active treatment and posttreatment, in order to improve survivorship, treatment, transition to recovery and beyond, quality of life and palliative care, and long-term health outcomes, including by developing a minimum standard of care for cancer survivorship, irrespective of the type of cancer, a survivor’s background, or forthcoming survivorship needs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Cancer Survivorship Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Coverage of cancer care planning and coordination services. Sec. 5. Survivorship transition tools. Sec. 6. Alternative payment model. Sec. 7. Survivorship navigation. Sec. 8. Survivorship care demonstration program. Sec. 9. Cancer survivor workforce assistance grants. Sec. 10. Comprehensive cancer survivorship program. Sec. 11. Adult cancer survivorship study. Sec. 12. Survivorship progress report. Sec. 13. Promoting State innovations to ease transitions to the primary care setting for children with cancer. Sec. 14. Childhood cancer demonstration model and standard of care. Sec. 15. Medicaid coverage of fertility preservation services for cancer patients. 2. Findings Congress finds the following: (1) A cancer survivor is any individual with a history of cancer, from the time of diagnosis through the rest of their life, across the continuum of care. (2) Today, there are approximately 18,000,000 Americans who are cancer survivors, and the number of survivors is projected to reach 26,000,000 by 2040. Therefore, there is a great need to be able to provide ways to sustain the care needed and to offer those living with, through, and beyond cancer a safe, supportive, and accommodating environment where such individuals can engage in physical and social support activities to sustain optimal quality of life. (3) Cancer survivors face difficult emotional, psychological, neurological, financial, and other physical challenges that persist beyond diagnosis and treatment, often arising months and years after active cancer treatment ends. (4) Cancer survivors have unique needs and must manage short- and long-term effects of their treatment, as well as regular screenings for cancer recurrence or new cancers. (5) Cancer survivors of racial and ethnic diversity have disproportionately lower health-related, quality-of-life scores compared to non-Hispanic White cancer survivors. (6) Cancer survivors living in rural areas have less access to services and have poorer outcomes than survivors in metropolitan areas. (7) Children, adolescent, and young adult cancer survivors are particularly susceptible to long-term consequences from treatment, and up to 80 percent have a severe, disabling, life-threatening, or fatal health condition by the age of 50. Best practices in this area would improve treatment, quality of life, and long-term health outcomes. (8) Clinical trials have shown that cancer survivorship programs help cancer survivors meet or exceed the recommended amount of physical activity, significantly increasing their cardiovascular health and overall quality of life and decreasing their cancer-related fatigue. (9) Survivorship care refers to the medical or psychosocial care of an individual who has completed their primary treatment for cancer, or of an individual who is undergoing maintenance or intermittent medical treatment or maintenance psychosocial care for cancer, or of an individual living with metastatic disease under continuous medical or psychosocial treatment. (10) Despite the National Cancer Institute and other professional organizations’ definition of a cancer survivor beginning on the day of a cancer diagnosis, there is little agreement among clinicians, researchers, and insurance companies on what services are included in survivorship care survivorship care (11) Cancer survivors, their families, their caregivers, and their providers face many difficulties understanding and coordinating the transition from specialty to primary care, and for this reason communication and treatment are often fragmented and inconsistent. (12) To avoid additional health-related or financial hardships to cancer survivors and their families, comprehensive and forward-thinking cancer survivorship studies and programs across Federal agencies are required to engage in a coordinated effort to improve health outcomes and quality of life of survivors. 3. Definitions In this Act: (1) Cancer survivor The term cancer survivor (2) Caregiver The term caregiver (3) Patient experience data The term patient experience data (A) the symptoms of the patient’s conditions and the natural history of such conditions; (B) the impact of the conditions on the patient’s functioning and quality of life; (C) the patient’s experience with treatments; (D) input on which outcomes are important to the patient; (E) patient preferences for outcomes and treatments; and (F) the relative importance of any issues as defined by patients. (4) Psychosocial effects The term psychosocial effects (A) means the psychological, behavioral, emotional, and social effects of a disease, such as cancer, and its treatment; and (B) in the case of such effects of cancer, includes changes in how a patient thinks, their feelings, moods, beliefs, ways of coping, and relationships with family, friends, and coworkers. (5) Psychosocial care The term psychosocial care (6) Secretary Except as otherwise specified, the term Secretary (7) Survivorship The term survivorship (A) the physical, mental, emotional, social, and financial effects of cancer that begin at diagnosis and continue through treatment and beyond; and (B) issues related to follow-up care (including regular health and wellness checkups), late and long-term effects of treatment, screening for cancer recurrence and new cancers, and quality of life. (8) Survivorship care plan The term survivorship care plan (A) means an individualized care plan for patients who have been treated for cancer; and (B) includes a treatment summary and any follow-up care guidelines in such plan that— (i) are for monitoring and maintaining the patient’s medical and psychosocial health and well-being; and (ii) are meant to be a transition and communication tool for the survivor, their family, their caregiver, and all their health care providers. (9) Survivorship navigation The term survivorship navigation (A) helps patients overcome health care system and social determinants of health barriers; and (B) provides patients with timely access to high-quality medical, physical, and psychosocial care from their cancer diagnosis through all phases of their cancer experience. (10) Treatment summary The term treatment summary 4. Coverage of cancer care planning and coordination services (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (1) in subsection (s)(2)— (A) by striking and (B) by adding and (C) by adding at the end the following new subparagraph: (II) cancer care planning and coordination services (as defined in subsection (lll)) ; and (2) by adding at the end the following new subsection: (lll) Cancer Care Planning and Coordination Services (1) The term cancer care planning and coordination services (A) includes each component of the Institute of Medicine Care Management Plan (as described in the article entitled Delivering High-Quality Cancer Care: Charting a New Course for a System in Crisis (B) is furnished in written form or electronically, at the visit of such individual with such physician, physician assistant, or nurse practitioner, or as soon after the date of the visit as practicable; (C) is furnished, to the greatest extent practicable, in a form that appropriate takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual. (2) The Secretary shall establish frequencies at which services described in paragraph (1) may be furnished, provided that such services may be furnished with respect to an individual— (A) at the time such individual is diagnosed with cancer for purposes of planning treatment; (B) if there is a change in the condition of such individual or such individual’s treatment preferences; (C) at the end of active treatment and beginning of survivorship care; and (D) if there is a recurrence of such cancer. . (b) Payment under physician fee schedule (1) In general Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) (2)(II), health risk assessment), (2) Initial rates Unless the Secretary otherwise provides, the payment rate specified under the physician fee schedule under the amendment made by paragraph (1) for cancer care planning and coordination services shall be the same payment rate as provided for transitional care management services (as defined in CPT code 99496). (c) Effective date The amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act. 5. Survivorship transition tools (a) In general The head of the Office of the National Coordinator for Health Information Technology, in collaboration with Director of the Agency for Healthcare Research and Quality, shall— (1) evaluate existing models for survivorship care plans, as they relate to both adults and children, through engagement with professional societies, payors, patient advocacy organizations, community-based organizations, electronic health record vendors, and other stakeholders; (2) evaluate other existing tools for developing survivorship care plans, such as— (A) survivorship guidelines of the National Comprehensive Cancer Network and the American Society of Clinical Oncology; or (B) tools such as Passport for Care; (3) collaborate with the Office for Civil Rights of the Department of Health and Human Services to evaluate the privacy and security implications of— (A) consolidating treatment history and survivorship guidelines into a personalized survivorship care plan, as described in paragraph (4); and (B) patient use of computer or mobile phone-based application programs described in paragraph (4)(B); and (4) taking into consideration the results of evaluation under paragraphs (1) and (2)— (A) not later than 12 months after the date of enactment of this Act, publish information resources for cancer patients and providers on strategies for consolidating treatment history and survivorship guidelines into a personalized survivorship care plan to guide survivorship monitoring and follow-up care; and (B) include in such information resources recommendations about possible patient use of application programs ( apps (b) Definition In this section, the term electronic health record 6. Alternative payment model Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing a description of an alternative payment model for payment under title XVIII and title XIX of the Social Security Act ( 42 U.S.C. 1395 et seq. (1) A description of what event would trigger an individual’s entry into such a model (such as the end of the individual’s active cancer treatment, the beginning of the individual’s need for supportive care during active treatment, or another event). (2) The length of the individual’s participation under such model, including a description of any ability to extend such participation. (3) In the case that such model is based on an episode of care, the appropriate length of the survivorship episode of care and whether additional episodes may be triggered, if necessary. (4) Strategies to ensure that any episode of care under such a model begins with the development and dissemination of a survivorship care plan for the transition from active cancer treatment to follow-up care to the individual and all relevant health care providers. (5) A description of any bundled payment packages that will be used under such model. (6) A specification of any follow up or new screening under such model for unmet needs of individuals participating in such model. (7) How consistent, shared decisionmaking will be promoted under such model so that individuals are given the knowledge needed for self-management between episodes of care. (8) A specification of which types of health care providers may furnish items and services under such model, including genetic counselors and mental health professionals. (9) Strategies for applying evidence-based risk stratification principles to direct survivors to personalized care pathways that match the level of care needed to the relative risks and needs of the survivor. (10) Strategies for coordination of care between such providers, such as between specialists and primary care providers, and how principal responsibility will be assigned for an episode of care. (11) Strategies for addressing social determinants of health through such model. (12) A description of how such model will promote— (A) prevention, early detection surveillance, and treatment for individuals continuing to receive systemic therapy after the end of active cancer treatment; (B) such individuals’ understanding of, and access to, treatment; (C) survivorship research; and (D) the continuing health of cancer survivors. (13) An analysis of how different forms and stages of cancer may require the development of different survivorship plans and alternative payment models based on varying episodes of care. (14) A plan for testing any alternative payment model described in the report, including the timing of such testing, an analysis of the impact of such testing, any barriers to implementing such testing, and any other recommendations determined appropriate by the Secretary. 7. Survivorship navigation (a) Review of programs and navigation study (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall— (A) complete a review of previous and current cancer survivorship navigation programs, including any applicable standards of care such as those of the Professional Oncology Navigation Task Force, and the Academy of Oncology Nurse & Patient Navigators, the Oncology Nursing Society; and (B) submit a report to the Congress on the results of such review. (2) Considerations In carrying out subsection (a), the Secretary shall take into consideration each of the following: (A) How cancer survivorship navigation program services might be provided from diagnosis across the continuum of care through survivorship, taking into consideration— (i) the type of navigation services that are most effective for survivors at the time of diagnosis; and (ii) the type of navigation services that are most useful for survivors who are managing the late and long-term effects of cancer and cancer treatment. (B) How navigation services might evolve over the continuum of care and how to encourage a dynamic navigation system. (C) Training needs for navigators. (D) Comparison and delineation of navigation services provided by lay and professional navigators. (E) Evaluation of optimal strategies for offering survivors navigation services and encouraging their utilization of such services. (F) Defining— (i) the continuum of care during which services are provided; and (ii) the nature of services for a long-term survivor. (G) The location of navigation services (such as whether such services should be provided as part of oncology practices or outside of oncology practices). (H) Federal financing for navigation services (such as whether to finance such services through a grant program funded through annual discretionary appropriations). (I) Alternative delivery and payment models for cancer survivorship navigation services, including consideration of— (i) an episode-of-care model for providing cancer survivorship navigation services, or a patient-focused navigation benefit that survivors could utilize in different settings, with the navigation services meeting standards set by the Secretary; and (ii) services funded through the Medicare and Medicaid programs. (J) Resources and the role of patient advocacy organizations and peer support networks in cancer survivorship navigation services. (b) Demonstration program for navigation services for cancer survivors (1) In general The Secretary shall carry out a demonstration program consisting of awarding grants to eligible entities to provide navigation services to cancer survivors. (2) Timing The Secretary shall initiate the demonstration program under this subsection not later than 12 months after completing the review as required under subsection (a)(1)(A). (3) Eligible entities To be eligible to receive a grant under this subsection, an entity shall— (A) have staff and expertise to provide navigation services; and (B) be— (i) a community-based organization; (ii) a patient-centered education and service organization; (iii) a nonprofit patient or cancer advocacy organization; (iv) a community cancer provider; (v) a cancer center; (vi) a hospital; (vii) a community health center; or (viii) another type of entity as the Secretary determines appropriate. (4) Use of funds A recipient of a grant under this section shall use the grant to provide navigation services to cancer survivors, including by— (A) offering navigation services from diagnosis through the continuum of care, including long-term survivorship, or offering navigation services from the end of active treatment with an emphasis on facilitating the transition from active treatment to long-term survivorship care and throughout survivorship; (B) in a timely manner, assisting cancer survivors to navigate cancer treatment and follow-up services, such as screenings, risk assessment, mitigation, health promotion activities, providing health information and education, coaching, and support; (C) addressing cancer care disparities in the design and delivery of services; (D) ensuring coordination with the survivor’s health care providers; (E) following evidence-based survivorship care guidelines in the design and delivery of survivorship services; (F) ensuring the delivery of culturally appropriate services and materials; and (G) assisting cancer survivors to meet and overcome barriers to treatment and follow-up services, such as any such barriers relating to food insecurity, housing, transportation, labor, access to broadband connectivity, the availability of telehealth, or child care, with emphasis placed on high-risk populations. 8. Survivorship care demonstration program (a) In general The Secretary shall carry out a demonstration program for a period of 5 years consisting of awarding grants to improve the quality of cancer survivorship care. (b) Timing The Secretary shall initiate the demonstration program under this section not later than 1 year after the date of enactment of this Act. (c) Demonstration sites The Secretary shall ensure that grants are awarded under this section to improve the quality of cancer survivorship care at a wide diversity of sites, including— (1) in urban, suburban, rural, and Tribal areas; and (2) cancer care sites including cancer centers, academic health centers, federally qualified health centers, rural health clinics, physician offices, Tribal organizations, community-based health care providers, and health care providers serving medically underserved areas. (d) Areas of focus under the demonstration program The demonstration program under this section shall be designed to ensure the development of a variety of models for survivorship care that will permit evaluation of a variety of care strategies, including— (1) utilization of navigators to assist survivors in obtaining survivorship care; (2) employment of risk-stratification to better determine the nature and intensity of services that survivors require; (3) transitions of care from cancer care providers to primary care providers, through transition-of-care models that involve collaboration between cancer care specialists and primary care providers; (4) the training needs of primary care providers to be better equipped to work with survivors in primary care settings; (5) utilization of survivorship care plans to facilitate coordination of survivorship care; (6) experimentation with providing cancer survivorship care at home; (7) use of information technology to plan and coordinate care to improve the consistent identification, collection, and measurement of all forms of patient experience data, including patient-reported outcomes of patient-reported symptoms and quality-of-life measures; and (8) expansion of existing successful models of survivorship care. (e) Evaluation of demonstration program The Secretary shall— (1) develop a plan for evaluating the projects that are conducted as part of the demonstration program under this section; and (2) not later than 18 months after the end of the 5-year demonstration program, complete such evaluation and submit a report to the Congress on the results of such evaluation. 9. Cancer survivor workforce assistance grants (a) In general The Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall carry out a program to award grants to nonprofit organizations and other entities to provide education and targeted assistance— (1) to eligible cancer survivors facing barriers to employment, including those who remain in the workforce during treatment, those who reduce working hours while in treatment, and those who reenter the workforce after a treatment-related departure; and (2) to the families and caregivers of such eligible cancer survivors. (b) Program components The program under this section shall include the following: (1) Assistance, career and training services, and supportive services for eligible cancer survivors who stay in the workforce during treatment, and for their families and caregivers, including— (A) transportation assistance; (B) childcare assistance; (C) nutritional assistance; (D) physical activity assistance; (E) psychosocial assistance; (F) financial assistance during a period of medical leave; and (G) other similar assistance. (2) Assistance and education for eligible cancer survivors who leave the workforce during treatment, and for their families and caregivers, including— (A) financial assistance during a period of medical leave; (B) assistance with premiums for continuation coverage provided pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. 42 U.S.C. 300bb–1 et seq. section 4980B 26 U.S.C. 4980B (C) career and training services, including upskilling and reskilling, for eligible cancer survivors who are not able to return to work after treatment. (3) Assistance, career and training services, and supportive services for eligible cancer survivors who are unable to work after a cancer diagnosis, and their families and caregivers, including— (A) assistance in applying for— (i) supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. (ii) disability insurance benefits under section 223 of the Social Security Act ( 42 U.S.C. 423 (iii) benefits under a State plan, or waiver of such plan, under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (iv) with respect to minimizing delays in eligibility before a cancer survivor becomes eligible for Medicare coverage, benefits under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1801 et seq. (v) State and private sector assistance programs for such cancer survivors; and (vi) career and training services available under title I, II, or IV of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. (B) information on the eligibility of a cancer survivor, and their families and caregivers, for benefits or services described in any of clauses (i) through (vi) of subparagraph (A). (c) Evidence-Based resources In carrying out this section, the Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall use evidence-based resources, including— (1) nationally recognized evidence-based guidelines; and (2) other resources as determined by the Secretary. (d) Definitions In this section: (1) The term eligible cancer survivor (A) remains in the workforce during cancer treatment; (B) reduces working hours during cancer treatment; (C) reenters the workforce after a cancer treatment-related departure; or (D) leaves the workforce as the result of a cancer diagnosis or related complications. (2) The term supportive services 29 U.S.C. 3102 10. Comprehensive cancer survivorship program (a) In general The Secretary shall carry out a comprehensive cancer survivorship program that includes— (1) a cancer survivorship resource center in accordance with subsection (b) to provide evidence-based resources to cancer survivors, their families, and their caregivers; (2) a health care professional resource center in accordance with subsection (c) to assist and educate health care professionals in the delivery of high-quality survivorship care; (3) an educational campaign in accordance with subsection (d) to provide health care professionals with resources to improve cancer survivorship care; and (4) a program of supportive care services in accordance with subsection (e) to improve the quality of life and long-term survivorship of cancer survivors. (b) Cancer survivorship resource center (1) Establishment The Secretary shall establish and operate a survivorship resource center (in this subsection referred to as the Center (2) Timing Not later than 2 years after the date of enactment of this Act, the Secretary shall establish and begin operation of the Center. (3) Consultation In establishing and operating the Center, the Secretary shall consult with cancer survivors, patient organizations, health professionals, researchers, health education organizations, oncology professional societies and other medical societies, community-based organizations, and science education organizations regarding— (A) the information and resources that would assist cancer survivors in managing the survivorship experience and obtaining high-quality care across the continuum of care; (B) gaps in such information and resources that need to be addressed to respond to the needs of cancer survivors; and (C) optimal strategies for ensuring that cancer survivors have access to the Center, including strategies that provide virtual options, online resources, and marketing. (4) Use of available evidence-based resources In establishing and operating the Center, the Secretary shall, with permission and attribution, rely on and utilize the evidence-based materials and resources developed, collected, and distributed by cancer organizations. (c) Health care professional resource center (1) In general The Secretary shall establish and operate a health care professional resource center (in this subsection referred to as the Center (2) Reference cancer survivorship guidelines In establishing and operating the Center, the Secretary shall reference cancer survivorship guidelines developed by cancer care professional societies, patient organizations, research foundations, and other health care professional societies in the development of materials related to survivorship care. (3) Support partnerships between cancer specialty societies and primary care provider organizations In establishing and operating the Center, the Secretary shall facilitate collaboration between cancer care specialty societies and primary care provider organizations in the development of standards for survivorship care, including standards for coordination of care and transitions of care from active treatment to long-term survivorship care. (d) Campaign To educate survivors and health care professionals in survivorship care (1) In general The Secretary acting through the Director of the Centers for Disease Control and Prevention (in this subsection referred to as the Secretary (A) expand educational programs and services to— (i) health care professionals; and (ii) cancer survivors, their families, and caregivers; and (B) enhance the continuing medical education resources on cancer survivorship that are available to health care professionals. (2) Expand collaboration with Comprehensive Cancer Control National Partnership and other organizations for survivorship education and support (A) In general The Secretary shall expand collaborations with organizations that are part of the Comprehensive Cancer Control National Partnership and other organizations to focus on increasing education and awareness related to cancer survivorship through materials, resources, and other methods as necessary. (B) Collaborate with the organizations in the National Partnership and other organizations The Secretary shall collaborate with the organizations that are part of the Comprehensive Cancer Control National Partnership and other organizations to inform cancer survivors of survivorship monitoring and follow-up standards, availability of survivorship care services, and how to access these services. (C) Reference the survivorship standards of care developed and published by cancer organizations In collaboration with the organizations that are part of the Comprehensive Cancer Control National Partnership, the Secretary shall— (i) develop and implement a plan to distribute survivorship educational materials to ensure that such materials are accessible to all cancer survivors, their families and caregivers, and health care professionals; and (ii) reference in such plan the survivorship standards of care developed and published by such organizations. (3) Continuing medical education (A) In general The Secretary shall carry out a program to support the development of continuing medical education programs for survivorship care that utilize and rely on the guidelines for survivorship care developed and published by national organizations. (B) Timing Not later than 12 months after the date of enactment of this Act, the Secretary shall initiate the program required by subparagraph (A). (C) Grants for development of curriculum for survivorship continuing medical education (i) In general The Secretary shall award grants to eligible entities for development of diverse, equitable, and culturally appropriate curricula for survivorship care curriculum for medical care. (ii) Eligible entities In this subparagraph, the term eligible entity (iii) Scope of curriculum To receive a grant under this section, an applicant shall demonstrate its ability to develop survivorship care curriculum for medical care, taking into consideration services from the legal, social work, public health, behavioral sciences, genetic, epidemiology, and nursing fields. (4) Public awareness campaign The Secretary, at an appropriate time after the availability of patient survivorship materials, professional survivorship materials, and continuing medical education programs under this subsection, shall initiate a linguistically and cultural appropriate public awareness campaign that targets the organization's catchment area to ensure that cancer survivors, their families and caregivers, health care professionals, and the public are aware of the scope of survivorship educational and informational resources available from the Centers for Disease Control and Prevention. (e) Cancer survivorship quality-of-Life program (1) In general The Secretary acting through the Director of the Centers for Disease Control and Prevention (in this subsection referred to as the Secretary (2) Eligible entity defined In this subsection, the term eligible entity (A) a State comprehensive cancer program; (B) a National Cancer Institute-designated cancer center or centers; or (C) a community-based organization, including a patient advocacy organization, that— (i) has the capacity to reach cancer survivors through local, State, or national organizations; and (ii) is focused on cancer survivors and strategies for meeting their needs related to their health and well-being. (3) Use of funds A grant received under this subsection shall be used to provide services to cancer survivors to enhance their quality of life and improve their long-term survival rates, such as by assisting survivors to— (A) engage in moderate physical activity and other health-promoting activities, including ceasing tobacco use and increasing consumption of healthy foods; (B) increase access to support services to mitigate anxiety, depression, and uncertainty; (C) utilize community support services to fully implement survivorship care plans; (D) access nutrition education and counseling; and (E) adhere to a schedule for, and access, screening for recurrence of cancer or the occurrence of other primary cancers. (4) Standards for application from eligible entities To seek a grant under this subsection, an eligible entity shall submit an application, at such time as may be required by the Secretary, that includes— (A) an explanation of how the entity will— (i) provide cancer survivors access to cancer patient navigator services; (ii) overcome barriers to care for communities of color and multilingual communities; (iii) provide culturally competent care; and (iv) work with and support caregivers of cancer survivors; (B) a description of how the entity receives referrals of cancer survivors from health care professionals, including health care professionals serving historically disadvantaged and underserved communities; (C) documentation of the curriculum that will be used for providers in the program, including mechanisms to update the staff on curriculum changes; and (D) an agreement to provide the Secretary semiannual reports on— (i) the number of participants served; (ii) quality-of-life measures for participants; and (iii) plans for fostering communication between oncology and non-oncology providers serving participants. (5) Responsibilities of the Secretary The Secretary shall— (A) conduct outreach to inform health care professionals of the availability of programs and activities funded under this subsection; (B) analyze the data submitted by grantees under this subsection to determine the number of cancer survivors served and the impact of the program under this subsection on their quality of life; and (C) share best practices among all grantees under this subsection. 11. Adult cancer survivorship study (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall complete a landscape analysis that— (1) assesses the potential benefits of an adult version of the Childhood Cancer Survivor Study; (2) assesses the financial costs and other burdens associated with an adult cancer survivor study; (3) identifies sources of data on adult cancer survivors; (4) identifies gaps in data on adult cancer survivors, compared to data collected in the Childhood Cancer Survivor Study; and (5) identifies strategies to publish data on adult cancer survivors derived from research that is conducted or supported by the National Cancer Institute, in a manner that is accessible to cancer survivors, health care professionals, researchers, and the public. (b) Report Not later than 6 months after the date of completion of the feasibility analysis under subsection (a), the Secretary shall submit to the Congress a report on the results of such feasibility analysis. 12. Survivorship progress report (a) In general Not later than 6 months after the date of enactment of this Act, the Secretary shall enter into an agreement with the Government Accountability Office to conduct a study of the progress made in cancer survivorship over the period beginning on the date of enactment of the National Cancer Act of 1971 ( Public Law 92–216 (b) Scope of the study The study under subsection (a) shall investigate developments over the period described in subsection (a) in— (1) the nature and quality of survivorship care; (2) transitions from active treatment to survivorship care; (3) the quality of life of cancer survivors; (4) outcomes for cancer survivors; (5) disparities in access to care and survivorship outcomes; (6) the health care systems for providing survivorship care; (7) the contribution of community-based services to the survivorship care system; and (8) payment for survivorship care by public and private third-party payors. (c) Role of Office of Cancer Survivorship The study under subsection (a) shall— (1) consider the contribution of the Office of Cancer Survivorship to the evolution of cancer survivorship care over the last 25 years; and (2) assess the impact of the mission of the Office and the resources provided to the Office on its leadership in cancer survivorship care. (d) Public meeting In conducting the study under subsection (a), the Comptroller General of the United States shall hold a public meeting with a broad cross section of stakeholders to inform the study’s findings and conclusions. Such stakeholders shall include— (1) cancer survivors; (2) patient organizations representing cancer survivors; (3) oncologists involved in survivorship care and the professional societies representing them; (4) primary care providers involved in survivorship care and the professional societies representing them; (5) other health professionals providing survivorship care and the professional societies representing them; (6) community-based organizations involved in survivorship care; (7) representatives of the National Cancer Institute; (8) third-party payors; (9) researchers engaged in survivorship research; (10) epidemiologists with knowledge of trends in cancer survivorship; and (11) such other stakeholders as the Comptroller General deems important to participate in the public meeting. (e) Report The Comptroller General of the United States shall— (1) release a report on the results of the study under subsection (a); and (2) in addition to the public meeting convened under subsection (d)— (A) convene another public meeting to be held on the day of the release of the report; and (B) include in such meeting all categories of stakeholders listed in subsection (d). 13. Promoting State innovations to ease transitions to the primary care setting for children with cancer (a) Stakeholder group development of best practices; State Medicaid and CHIP program innovation (1) Stakeholder group best practices Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary 42 U.S.C. 1396 et seq. 42 U.S.C. 1397aa et seq. (A) cancer care providers transfer diagnosis and treatment information to patient primary care providers; (B) cancer care providers develop an individualized survivorship care plan of potential late effects; (C) cancer care providers deliver the plan to the patient and family members through an in-person visit; (D) cancer care providers deliver the plan to the primary care provider through electronic health records or other means; and (E) relevant health entities develop systems that promote the coordination and effective transition of care between cancer care providers, primary care physicians, and other health care professionals. (2) State Medicaid and CHIP program innovation The Secretary shall work with States on innovative strategies, based on the best practices developed under on the best practices identified under the process described in subsection (a)(1), to ease the transition from active oncological care to primary care of child or adolescent with cancer ensuring development of and delivery of survivorship care plans to patients, families, and primary care providers and transition coverage under the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 42 U.S.C. 1397aa et seq. (b) Guidance on innovative service delivery systems demonstration project opportunities Not later than 1 year after the date the stakeholder group is convened under subsection (a), the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall issue guidance to State health officials, based on best practices developed under subsection (a)(1), regarding opportunities to design demonstration projects under the Social Security Act to improve care transitions for children and adolescents with cancer who transition from oncological care to primary care and who are otherwise eligible to receive medical assistance under title XIX of such Act ( 42 U.S.C. 1396 et seq. 42 U.S.C. 1397aa et seq. (c) Nonapplication of Federal Advisory Committee Act The Federal Advisory Committee Act shall not apply to the stakeholder group convened under paragraph (1). 14. Childhood cancer demonstration model and standard of care Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) (1) in subparagraph (A), by striking the period at the end and inserting , and shall include the model described in clause (xxviii) of such subparagraph. (2) in subparagraph (B), by adding at the end the following new clause: (xxviii) A local service delivery and State payment model for individuals up to age 21 enrolled under a State plan (or waiver of such plan) under title XIX or a State child health plan (or waiver of such plan) under title XXI of such Act ( 42 U.S.C. 1397aa et seq. (I) provide for the creation of a survivorship plan, that can be integrated into an electronic health record, for such individuals and disseminate the plan to such individuals, families of such individuals, and the health providers of such individuals; (II) offer States and local providers technical assistance to develop and implement different survivorship care planning services; (III) develop a standard of care based on the Children’s Oncology Group (COG) Long-Term Follow-Up Guidelines for Survivors of Childhood, Adolescent, and Young Adult Cancers to manage the transition of such individuals from active treatment to general care with the informed knowledge of such individuals; and (IV) provide incentives to health care providers for treating such individuals through such model that includes at least two survivorship care planning visits. . 15. Medicaid coverage of fertility preservation services for cancer patients (a) Medicaid (1) In general Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) (A) in paragraph (30), by striking and (B) by redesignating paragraph (31) as paragraph (32); and (C) by inserting after paragraph (30) the following new paragraph: (31) standard fertility preservation services (as specified by the Secretary consistent with established medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other professional medical organizations specified by the Secretary) for individuals diagnosed with cancer who— (A) are undergoing treatment for such cancer where such treatment may lead to iatrogenic infertility; (B) previously underwent such treatment and may be at risk of such infertility due to such treatment; or (C) are preparing to undergo such treatment where such treatment may lead to such infertility. . (2) Mandatory benefit Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) and (30) (30), and (31) (b) CHIP (1) In general Section 2103(c) of the Social Security Act ( 42 U.S.C. 1397cc(c) (12) Required coverage of fertility preservation services for cancer patients Regardless of the type of coverage elected by a State under subsection (a), the child health assistance provided for a targeted low-income child, and, in the case of a State that elects to provide pregnancy-related assistance pursuant to section 2112, the pregnancy-related assistance provided for a targeted low-income pregnant woman (as such terms are defined for purposes of such section), shall include coverage of standard fertility preservation services (as described in section 1905(a)(31)) for individuals described in such section. . (2) Conforming amendment (A) In general Section 2103(c) of the Social Security Act ( 42 U.S.C. 1397cc(c) Public Law 117–169 (B) Effective date The amendment made by subparagraph (A) shall take effect on October 1, 2023. (c) Effective date The amendments made by this section (other than the amendment made by subsection (b)(2)) shall apply with respect to medical assistance, child health assistance, and pregnancy-related assistance furnished on or after the date that is 18 months after the date of the enactment of this Act.

Comprehensive Cancer Survivorship Act

Gun Violence Prevention and Community Safety Act of 2022 This bill makes various changes to the federal framework governing the sale, transfer, and possession of firearms and ammunition. Among other changes, the bill generally requires individuals to obtain a license to purchase, acquire, or possess a firearm or ammunition; raises the minimum age—from 18 years to 21 years—to purchase firearms and ammunition; establishes new background check requirements for firearm transfers between private parties; creates a statutory process for a family or household member to petition a court for an extreme risk protection order to remove firearms from an individual who poses a risk of committing violence; restricts the import, sale, manufacture, transfer, or possession of semiautomatic assault weapons and large capacity ammunition feeding devices; restricts the manufacture, sale, transfer, purchase, or receipt of ghost guns (i.e., guns without serial numbers); requires federally licensed gun dealers to submit and annually certify compliance with a security plan to detect and deter firearm theft; removes limitations on the civil liability of gun manufacturers; allows the Consumer Product Safety Commission to issue safety standards for firearms and firearm components; establishes a community violence intervention grant program; and promotes research on firearms safety and gun violence prevention.

117 S5299 IS: Gun Violence Prevention and Community Safety Act of 2022 U.S. Senate 2022-12-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 5299 IN THE SENATE OF THE UNITED STATES December 19, 2022 Ms. Warren Mr. Markey Mr. Booker Mr. Menendez Committee on Finance A BILL To end the epidemic of gun violence and build safer communities by strengthening Federal firearms laws and supporting gun violence research, intervention, and prevention initiatives. 1. Short title; table of contents (a) Short title This Act may be cited as the Gun Violence Prevention and Community Safety 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—Firearm licensing Sec. 101. License to own firearms and ammunition. Sec. 102. State firearms licensing. TITLE II—Background Check Reform Sec. 201. Universal background checks. Sec. 202. Completion of background checks; 7-day waiting period. TITLE III—Firearm possession Sec. 301. Protecting victims of domestic violence. Sec. 302. Fugitives from justice. Sec. 303. Minimum age for purchasing firearms and ammunition. Sec. 304. Secure gun storage by owners. Sec. 305. Secure gun storage or safety device for all firearms. Sec. 306. Consumer product safety standards for gun locks and gun safes. Sec. 307. Gun-free school zones. TITLE IV—Extreme Risk Protection Orders Sec. 401. Extreme risk protection order grant program. Sec. 402. Federal extreme risk protection orders. Sec. 403. Federal firearms prohibition. Sec. 404. Identification records. Sec. 405. Conforming amendment. Sec. 406. Full faith and credit. TITLE V—Assault weapons and firearms silencers and mufflers ban Subtitle A—Assault weapons ban Sec. 511. Definitions. Sec. 512. Restrictions on assault weapons and large capacity ammunition feeding devices. Sec. 513. Penalties. Sec. 514. Background checks for transfers of grandfathered semiautomatic assault weapons. Sec. 515. Use of Byrne grants for buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices. Sec. 516. Ban on untraceable and undetectable firearms. Sec. 517. Prohibition on possession of certain firearm accessories. Subtitle B—Firearm silencers and mufflers ban Sec. 521. Definition. Sec. 522. Restrictions on firearm silencers and firearm mufflers. Sec. 523. Penalties. Sec. 524. Effective date. TITLE VI—Firearm trafficking Sec. 601. Prohibition against multiple firearm sales or purchases. Sec. 602. Increased penalties for making knowingly false statements in connection with firearms. Sec. 603. Retention of records. Sec. 604. Revised definition. Sec. 605. Firearms trafficking. TITLE VII—Dealer reform Sec. 701. Gun shop security measures. Sec. 702. Inspections. Sec. 703. Employee background checks. Sec. 704. Gun store thefts. Sec. 705. Civil enforcement. Sec. 706. No effect on State laws governing dealing in firearms. Sec. 707. Lost and stolen reporting requirement. Sec. 708. Report on implementation. Sec. 709. Hearing. Sec. 710. Enhanced record keeping requirements. Sec. 711. Deadline for issuance of final regulations. Sec. 712. Repeal. TITLE VIII—Industry reform Sec. 801. Repeal. Sec. 802. Repeal of exclusion of pistols, revolvers, and other firearms from consumer product safety laws. Sec. 803. Increase in excise taxes relating to firearms. TITLE IX—Research and community violence intervention program Sec. 901. Community violence intervention grant program. Sec. 902. Funding for research on firearms safety or gun violence prevention. TITLE X—Miscellaneous Sec. 1001. Registration. Sec. 1002. Severability. I Firearm licensing 101. License to own firearms and ammunition (a) In general Chapter 44 935. License to own firearms and ammunition (a) In general Except as otherwise provided in this section, it shall be unlawful for any individual who is not licensed under this section to knowingly purchase, acquire, or possess a firearm or ammunition. (b) Eligibility An individual shall be eligible to receive a license under this section if the individual— (1) has attained 21 years of age; (2) has completed training in firearms safety, including— (A) a written test, to demonstrate knowledge of applicable firearms laws; (B) hands-on testing, including firing testing, to demonstrate safe use of a firearm; (C) as part of the process for applying for such a license— (i) has submitted to a background investigation and criminal history check of the individual, including a background check using the National Instant Criminal Background Check System, to ensure the individual is not prohibited from possessing a firearm under subsection (g) or (n) of section 922; and (ii) has submitted a photograph of the individual; (D) has not been determined by a court, in accordance with subsection (c)(5), to be unsuitable to be issued a Federal firearm owner's license; and (E) is not otherwise prohibited by Federal, State, Tribal, or local law from possessing a firearm. (c) Establishment of Federal Firearm Owner's license (1) In general The Attorney General shall issue a Federal firearm owner's license to any individual who is eligible under subsection (b). (2) Issuance of license or notice of denial Not later than 40 days after the date on which an individual submits an application for a Federal firearm owner's license under this section, the Attorney General shall— (A) determine whether the individual is eligible to possess a license under this section; and (B) based on the determination under subparagraph (A)— (i) issue a Federal firearm owner's license to the individual; or (ii) provide written notice to the individual of— (I) the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or (II) a petition filed under paragraph (5). (3) Expiration A Federal firearm owner's license issued under this section shall expire on the date that is 10 years after the date on which the license was issued. (4) Renewal of license (A) In general A Federal firearm owner's license issued under this section may be renewed at the end of the 10-year period described in paragraph (3). (B) Requirements The process for renewal of a Federal firearm owner's license under subparagraph (A) shall include— (i) an up-to-date background investigation and criminal history check of the individual; and (ii) a recent photograph of the individual. (C) Issuance of renewal or notice of denial Not later than 40 days after the date on which an individual submits an application for a renewal of a Federal firearm owner's license under this paragraph, the Attorney General shall— (i) issue a renewed Federal firearm owner's license to the individual; or (ii) provide written notice to the individual of— (I) the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or (II) a petition filed under paragraph (5). (5) ATF determination of unsuitability (A) In general The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives may file a petition, which shall contain a written statement of the reasons supporting the finding required under subparagraph (D), in an appropriate district court of the United States that— (i) an individual who has applied for a Federal firearm owner's license, or renewal thereof, under this section be denied the request for such license; or (ii) a previously issued Federal firearm owner's license be suspended or revoked. (B) Notice Any petition filed under subparagraph (A) shall include written notice to the individual who requested, or is in possession of, the Federal firearm owner's license, as the case may be, describing the facts and circumstances justifying the petition. (C) Hearing Not later than 90 days after the date on which a petition is filed under subparagraph (A), the court shall conduct a hearing. (D) Factors to determine unsuitability Not later than 15 days after the date on which a hearing is conducted under subparagraph (C), the court shall find that an individual is unsuitable to possess a Federal firearm owner's license if, based on a preponderance of the evidence, there exists— (i) reliable, articulable, and credible information that the individual has exhibited or engaged in behavior to suggest the individual could potentially create a risk to public safety or significant risk of suicide; or (ii) other existing factors that suggest that the individual could potentially create a risk to public safety or significant risk of suicide. (E) Notice of determination If a court finds an individual is unsuitable to possess a Federal firearm owner's license, the court shall notify the applicant in writing, setting forth the specific reasons for such determination. (6) Review A determination of the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives or a district court of the United States under this subparagraph may be appealed to the appropriate court of the United States. (d) Exceptions (1) Previously possessed firearms Subsection (a) shall not apply to the possession of any firearm or ammunition by an individual who otherwise lawfully possessed the firearm or ammunition under Federal law on the date on which the Attorney General begins issuing Federal firearm owner's licenses under this section. (2) State licenses (A) In general Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State— (i) has in effect a process for issuing a State firearm owner's license to eligible individuals in the State that is substantially similar to the requirements of subsection (b); and (ii) provides to the Attorney General real-time validity information relating to firearm owner's licenses issued by the State, for inclusion in the database described in section (f). (B) Publication of list of qualifying States (i) In general Not later than 2 years after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 (ii) Updated list The Attorney General shall update the list described in clause (i) immediately upon determining that a State should be included on or removed from the list. (3) Licensed dealers, manufacturers, and importers Subsection (a) shall not apply to an individual who is a licensed dealer, licensed manufacturer, or licensed importer. (4) Agencies and law enforcement officers (A) In general Subsection (a) shall not apply to— (i) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); or (ii) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. (B) Definition For purposes of subparagraph (A), the term campus law enforcement officer (i) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (ii) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (iii) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (iv) recognized, commissioned, or certified by a government entity as a law enforcement officer. (e) Prohibition of straw purchasing It shall be unlawful for any person to willfully use a valid Federal or State firearm license to purchase a firearm or ammunition on behalf of another individual, regardless of whether the other individual has a valid Federal or State firearm license. (f) Penalties Any person who violates subsection (a) or (e) shall be imprisoned not more than 2 years, fined in accordance with this title, or both. (g) Database The Attorney General shall establish an electronic database, which shall be accessible by Federal, State, local, and Tribal law enforcement agencies and licensed dealers, through which a licensed dealer may verify the validity of a Federal firearm owner's license issued under this section. (h) Revocation of licenses (1) In general The Attorney General shall revoke the Federal firearm owner's license issued to an individual under this section upon the occurrence of any event that would have disqualified the individual from being issued or renewed a Federal firearm owner's license under this section or for a violation of a restriction provided under this section. (2) Required notice Upon revocation of a Federal firearm owner's license under paragraph (1), the Attorney General shall provide written notice of such revocation to the individual to whom the license was issued. (3) Appeal of revocation (A) In general An individual who has the Federal firearm owner's license of the individual revoked under this subsection may appeal the revocation determination to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. (B) Requirement Not later than 14 days after the date on which an individual appeals a revocation determination under subparagraph (A), the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall conduct a hearing on the appeal. (C) Notice of determination The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall provide written notice of the determination made after a hearing under subparagraph (B) regarding the appealed revocation to the individual. (D) Appeal If the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives determines after a hearing under this paragraph to uphold the revocation, the determination may be appealed to an appropriate district court of the United States. (i) Annual background investigations The Attorney General shall conduct, not less frequently than annually, a background investigation of each individual to whom a Federal firearm owner's license is issued under this section to ensure that the individual is not prohibited from possessing a firearm under subsection (g) or (n) of section 922 or under State law. (j) Annual report Not later than 1 year after the date of enactment of this section, and each year thereafter, the Attorney General shall submit a report to Congress on the implementation of this section and recommendations, if any, for improvements of the system required to be established under this section. (k) Authorization of appropriations There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this section. . (b) Clerical amendment The table of sections for such chapter is amended by adding at the end the following: 935. License to own firearms and ammunition. (c) Effective date The amendments made by subsections (a) and (b) shall take effect on the date that is 2 years after the date of enactment of this Act. (d) Regulations Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out section 935 of title 18, United States Code, as added by subsection (a), including a regulation requiring that any firearm manufactured after the effective date described in subsection (c) of this section be legibly and conspicuously engraved or cast with the date on which the firearm was manufactured. 102. State firearms licensing (a) In general Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. PP Firearms licensing 3061. Definitions (a) In general In this part— (1) the term covered license (A) firearms license; or (B) firearms dealer license; (2) the term extreme risk protection order (A) means a written order, issued by a State court or signed by a magistrate that, for a period not to exceed a timeframe established by the State— (i) prohibits the individual named in the order from having under the custody or control of the individual, purchasing, possessing, or receiving a firearm or ammunition; and (ii) requires that any firearm or ammunition under the custody or control of the individual be removed; and (B) does not include a domestic violence protection order, as defined in section 2266 of title 18, United States Code; (3) the term prohibited individual (4) the term suitable (5) the term thorough background check (b) Prohibited individuals For purposes of this part, a State— (1) shall establish standards for categorizing an individual as a prohibited individual for purposes of receiving a covered license; and (2) in establishing standards with respect to a covered license under paragraph (1), shall take into consideration whether limitations may be warranted based on— (A) criminal history; (B) whether an individual has been— (i) deemed a danger to himself or herself or other individuals by a court or authorized administrative body; or (ii) committed to a hospital or institution as a danger to himself or herself or other individuals; (C) age; (D) legal residency; (E) military dishonorable discharges; (F) whether an individual is subject to a permanent or temporary protection order or has ever been convicted of a misdemeanor crime of domestic violence; (G) outstanding arrest warrants; (H) status as a fugitive; (I) renunciation of United States citizenship; and (J) other factors relevant to the suitability of a license holder. 3062. Grants and conditions (a) Grants authorized The Assistant Attorney General may make grants to States to implement or maintain firearms and firearms dealer licensing requirements. (b) Duration of grants A grant under subsection (a) shall be for a period of 3 fiscal years. (c) Use of funds for firearms and firearms dealer licensing (1) Activities Amounts received under a grant under subsection (a) shall be used for the implementation or maintenance of firearms and firearms dealer licensing requirements, which shall incorporate and implement the elements described in paragraph (2). (2) Elements The elements described in this paragraph are those providing that— (A) an individual shall have a firearms license— (i) at the time of the purchase, rental, or lease of a firearm or purchase of ammunition; and (ii) during the entire period of ownership or possession of a firearm or ammunition; (B) (i) an individual who (including the owner or operator of a business that) sells, rents, or leases a minimum number of firearms, or sells ammunition, during a calendar year shall obtain a firearms dealer license; and (ii) the State shall establish the minimum number of firearms for purposes of clause (i), which may not be higher than 10 per calendar year; (C) the chief of police or the board or officer having control of the police department of a local government, or a designee within the same department, shall function as the licensing authority; (D) for an application for issuance or renewal of a firearms license, the licensing authority shall— (i) conduct a thorough background check, which may include— (I) conducting an interview with the applicant; (II) requiring the submission of letters of reference stating that the applicant is of sound mind and character; and (III) any other requirements the State determines relevant; and (ii) make a determination of suitability; (E) a first-time firearms license applicant shall complete safety training; (F) for an application for issuance or renewal of a firearms dealer license, the licensing authority shall conduct an investigation into the criminal history of the applicant, which may include— (i) an interview with the applicant; (ii) a thorough background check; and (iii) any other requirements the State determines relevant; (G) the State shall establish appropriate application processes for covered licenses consistent with Federal, State, and local law; (H) the State shall establish standards and processes by which licensing authorities can revoke, suspend, or deny the issuance or renewal of a covered license; (I) the State shall ensure that a revocation, suspension, or denial cannot be based on race, color, ethnicity, religion, sex, sexual orientation, or gender identity; (J) the State shall establish judicial review processes by which any applicant for or holder of a covered license may, within a reasonable time period, petition to obtain judicial review of a revocation, suspension, or denial of the issuance or renewal of a covered license; (K) the State shall establish— (i) standards and a process under which a family member of an individual who the family member fears is a danger to himself, herself, or others may petition for an extreme risk protection order; and (ii) standards for the termination or extension of an order described in clause (i); (L) the State shall establish processes under which— (i) an individual whose covered license is revoked or suspended, or whose application for issuance or renewal of a covered license is denied, shall surrender or transfer all firearms and ammunition that are or would have been covered by the license; and (ii) an individual who is subject to an extreme risk protection order or a domestic violence protection order, as defined in section 2266 of title 18, United States Code, shall surrender or transfer all firearms and ammunition in the possession of the individual; (M) the State shall establish requirements with which a firearms dealer licensee must comply, which— (i) shall include requirements relating to— (I) the location at which the licensee conducts firearm or ammunition transactions; (II) the manner in which the licensee records firearm or ammunition transactions; (III) background checks for employees of the licensee; and (IV) any other matter that the State determines appropriate; and (ii) may include requirements that a licensee— (I) maintain a permanent place of business— (aa) that is not a residence; and (bb) at which the licensee conducts all firearms or ammunition transactions; (II) submit to mandatory record and inventory inspections by a licensing authority; (III) maintain a sales record book at the permanent place of business described in subclause (I) in accordance with standards established by the State; (IV) conduct a pre-employment background check on each potential employee to determine the suitability of any potential employee who may have direct and unmonitored contact with a firearm or ammunition; and (V) take any other action that the State determines appropriate; (N) the State shall promulgate rules and regulations to ensure the prompt collection, exchange, dissemination, and distribution of information pertaining to the issuance, renewal, expiration, suspension, or revocation of a covered license; (O) the State shall establish standards that are consistent with Federal and State law— (i) governing the transfer of a firearm or ammunition; and (ii) for identifying a prohibited individual, in accordance with section 3061(b); (P) the State shall promulgate rules and regulations that require a dealer or private seller of firearms or ammunition to verify the validity of a firearms license before the sale, rental, or lease of any firearm or the sale of any ammunition; (Q) a dealer or private seller of firearms or ammunition shall report all sales, rentals, and leases of firearms, and sales of ammunition, to State authorities; (R) a dealer of firearms or ammunition shall notify the licensing authority when presented with an invalid or expired firearms license; (S) any firearms licensee whose firearm or ammunition is lost or stolen shall report the loss or theft to the licensing authority and State authorities within a reasonable timeframe and in a manner established by the State; (T) an individual holding a firearms license or firearms dealer license shall renew the license on a timeframe established by the State; (U) an individual may not use the firearms license of the individual to purchase a firearm or ammunition for— (i) the unlawful use of the firearm or ammunition by another individual; or (ii) the resale or other transfer of the firearm or ammunition to an unlicensed individual; and (V) (i) it shall be unlawful to store or keep a firearm in any place unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render the firearm inoperable by any individual other than the owner or other lawfully authorized user; and (ii) for purposes of clause (i), a firearm shall not be considered to be stored or kept if carried by or under the control of the owner or other lawfully authorized user. (3) Separate ammunition dealer license permitted A State that requires a license for dealing ammunition that is separate from a license for dealing firearms shall be deemed to have satisfied the requirements under paragraph (2) relating to a firearms dealer license, as that license relates to the dealing of ammunition, if the State imposes the same requirements for an ammunition dealer license as are mandated under that paragraph for a firearms dealer license, as that license relates to the dealing of ammunition. (d) Application To be eligible to receive a grant under subsection (a), a State shall submit to the Assistant Attorney General an application at such time, in such manner, and containing such information as the Assistant Attorney General may require, including a description of how the State will use the grant to implement or maintain firearms and firearms dealer licensing requirements that include the elements described in subsection (c)(2). (e) Annual report Each State receiving a grant under this section shall submit to the Assistant Attorney General, for each fiscal year during which the State expends amounts received under the grant, a report, at such time and in such manner as the Assistant Attorney General may reasonably require, that contains— (1) a summary of the activities carried out using amounts made available under the grant; (2) an assessment of whether the activities are achieving the elements described in subsection (c)(2); and (3) such other information as the Assistant Attorney General may require. (f) Limitations on the allocation of funds Not more than 2 percent of the amount made available to carry out this section in any fiscal year may be used by the Assistant Attorney General for salaries and administrative expenses. (g) Reallocation of appropriations A recipient of a grant under subsection (a) shall return to the Assistant Attorney General any amounts received under the grant that are not expended for a purpose described in this section. . (b) Authorization of appropriations Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a) (29) There are authorized to be appropriated such sums as may be necessary to carry out part PP. . II Background Check Reform 201. Universal background checks (a) In general Section 922 of title 18, United States Code, is amended— (1) by repealing subsection (s); (2) by redesignating subsection (t) as subsection (s); (3) in subsection (s), as redesignated— (A) in paragraph (1)— (i) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively; (ii) by inserting before subparagraph (B), as so redesignated, the following: (A) beginning on the date on which the database is established under section 935(g), before completion of the transfer, the licensee verifies, using the database, that the purchaser has a valid— (i) Federal firearm owner's license issued under section 935; or (ii) qualifying State firearm license, as described in section 935(d)(2), for the State in which the transfer will occur; ; and (iii) in subparagraph (C)(ii), as so redesignated, by striking subparagraph (C) subparagraph (D) (B) in paragraph (3)— (i) by striking subparagraph (A); (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (iii) in subparagraph (B)(ii), as so redesignated, by striking (as defined in subsection (s)(8)) (C) by adding at the end the following: (7) In this subsection, the term chief law enforcement officer ; and (4) by inserting after subsection (s), as so redesignated, the following: (t) (1) (A) Beginning on the date that is 180 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 (B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. (C) If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. (2) Paragraph (1) shall not apply to— (A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; (B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including stepparents and their stepchildren, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee— (i) will use or intends to use the firearm in a crime or is prohibited from possessing firearms under Federal, State, Tribal, or local law; (ii) has committed domestic violence (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 (iii) is subject to a protection order (as defined in section 2266); (C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; (D) a temporary transfer that is necessary to prevent imminent death, great bodily harm (including such harm to self, family, household members, or others), domestic violence, dating partner violence, sexual assault, stalking, or domestic abuse, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death, great bodily harm, domestic violence, dating partner violence, sexual assault, stalking, or domestic abuse; (E) a transfer that is approved by the Attorney General under section 5812 (F) a temporary transfer if— (i) the transferor has no reason to believe that the transferee— (I) will use or intends to use the firearm in a crime or is prohibited from possessing firearms under Federal, State, Tribal, or local law; (II) has committed domestic violence (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 (III) is subject to a protection order (as defined in section 2266); and (ii) the transfer takes place and the transferee's possession of the firearm is exclusively— (I) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (II) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— (aa) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and (bb) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or (III) in the presence of the transferor. . (b) Technical and conforming amendments (1) Chapter 44 of title 18, United States Code (A) Section 922 Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and (g)(5)(B) (B) Section 925A Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking subsection (s) or (t) of section 922 section 922(s) (C) Section 925B Section 925B of title 18, United States Code, is amended by striking section 922(t) section 922(s) (2) Brady Handgun Violence Prevention Act Section 103(l) of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901(l) subsection (t) subsection (s) 202. Completion of background checks; 7-day waiting period (a) In general Section 922(s)(1) of title 18, United States Code, as amended by section 201 of this Act, is amended— (1) in subparagraph (C)— (A) in clause (i), by striking ; or ; and (B) in clause (ii)— (i) by striking subject to subparagraph (D), 3 business not less than 7 business (ii) by striking , and the ; and (2) by striking subparagraph (D); and (3) by redesignating subparagraph (E) as subparagraph (D). (b) Technical and conforming amendments (1) Section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 (2) Section 12001(a)(3) of the Bipartisan Safer Communities Act ( Public Law 117–159 , except to the extent that those provisions of law were amended by the Gun Violence Prevention and Community Safety Act of 2022 III Firearm possession 301. Protecting victims of domestic violence (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 ; (2) in paragraph (33)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking Except as provided in subparagraphs (B) and (C), the term The term (ii) in clause (ii)— (I) by inserting dating partner (as defined in section 2266), spouse, (II) by inserting or guardian (III) by striking , or by a person who has a current or recent former dating relationship with the victim (B) by striking subparagraph (C); and (3) by striking paragraph (37) and inserting the following: (37) (A) The term misdemeanor crime of stalking (i) is a misdemeanor crime of stalking under Federal, State, Tribal, or municipal law; and (ii) is 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. . (b) Addition of stalking and those subject to court order Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (8)— (i) in the matter preceding subparagraph (A), by striking that restrains such person described in subsection (g)(8); (ii) by striking subparagraphs (A) and (B); and (B) in paragraph (9), by inserting before the semicolon at the end the following: or a misdemeanor crime of stalking (2) in subsection (g)— (A) by amending paragraph (8) to read as follows: (8) who is subject to a court order— (A) that was issued— (i) after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or (ii) in the case of an ex parte order, relative to which notice and opportunity to be heard are provided— (I) within the time required by State, tribal, or territorial law; and (II) in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the person; (B) that restrains such person from— (i) harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or (ii) intimidating or dissuading a witness from testifying in court; and (C) that— (i) includes a finding that such person represents a credible threat to the physical safety of such individual described in subparagraph (B); or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such individual described in subparagraph (B) that would reasonably be expected to cause bodily injury; or ; and (B) in paragraph (9), by inserting before the comma at the end the following: or a misdemeanor crime of stalking 302. Fugitives from justice Chapter 44 (1) in section 921(a)(15)— (A) by striking who has fled who— (A) has fled ; (B) by striking the period at the end and inserting ; or (C) by adding at the end the following: (B) is subject to an outstanding arrest warrant issued by any court. ; and (2) in section 922(g)(2), by inserting knows that he or she who 303. Minimum age for purchasing firearms and ammunition (a) In general Chapter 44 (1) in section 922— (A) in subsection (a)— (i) in paragraph (2)(A), by striking (b)(3) (b)(2) (ii) in paragraph (3), by striking (b)(3) (b)(2) (iii) in paragraph (9), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (10) for any person to transfer, sell, trade, give, transport, or deliver any firearm or ammunition to any person who the transferor knows or has reasonable cause to believe is less than 21 years of age, except that this paragraph shall not apply to— (A) a temporary transfer of a firearm or ammunition to a person who is less than 21 years of age or to the possession or use of a firearm or ammunition by a person who is less than 21 years of age if the firearm or ammunition is possessed and used by the person— (i) in the course of employment, in the course of ranching or farming related to activities at the residence of the person (or on property used for ranching or farming at which the person, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a firearm; (ii) with the prior written consent of the person’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except— (I) during transportation by the person of an unloaded firearm in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the person of that firearm, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a person who is less than 21 years of age may possess and use a firearm or ammunition with the prior written approval of the person’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; (iii) the person has the prior written consent in the person’s possession at all times when a firearm or ammunition is in the possession of the person; and (iv) in accordance with State and local law; (B) a person who is less than 21 years of age who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a firearm or ammunition in the line of duty; (C) a transfer by inheritance of title (but not possession) of a firearm or ammunition to a person who is less than 21 years of age; or (D) the possession of a firearm or ammunition by a person who is less than 21 years of age for the purpose described in subsection (x)(3)(D). ; (B) in subsection (b)— (i) by striking paragraph (1); (ii) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and (iii) in the undesignated matter following paragraph (4), as so redesignated— (I) in the first sentence, by striking Paragraphs (1), (2), (3), and (4) Subsection (a)(10) and paragraphs (1), (2), and (3) (II) in the second sentence, by striking Paragraph (4) Paragraph (3) (C) in subsection (c)(1), by striking , in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age I am 21 years or more of age (2) in section 924— (A) in subsection (a)(6), by striking handgun firearm (B) in subsection (d)(3)(C), by striking 922(b)(3) 922(b)(2) (b) Technical and conforming amendments (1) Section 4182(d) 922(b)(5) 922(b)(4) (2) Section 161A(b) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201a(b) (b)(2), (b)(4) (b)(1), (b)(3) 304. Secure gun storage by owners Section 922(z) of title 18, United States Code, is amended by adding at the end the following: (4) Secure gun storage by owners (A) Offense (i) In general Except as provided in clause (ii), it shall be unlawful for a person to store or keep any firearm that has moved in, or that has otherwise affected, interstate or foreign commerce on the premises of a residence under the control of the person if the person knows, or reasonably should know, that— (I) a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor; or (II) a resident of the residence is ineligible to possess a firearm under Federal, State, or local law. (ii) Exception Clause (i) shall not apply to a person if the person— (I) keeps the firearm— (aa) secure using a secure gun storage or safety device; or (bb) in a location which a reasonable person would believe to be secure; or (II) carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person. (B) Penalty (i) In general Any person who violates subparagraph (A) shall be subject to a $500 civil penalty per violation and shall not be subject to the penalty under section 924(a)(1) by reason of subparagraph (D) of that section. (ii) Enhanced penalty If a person violates subparagraph (A) and a minor or a resident who is ineligible to possess a firearm under Federal, State, or local law obtains the firearm, the person shall be fined under this title, imprisoned for not more than 5 years, or both. (iii) Forfeiture of improperly stored firearm Any firearm stored in violation of subparagraph (A) shall be subject to seizure and forfeiture in accordance with the procedures described in section 924(d). (C) Minor defined In this paragraph, the term minor . 305. Secure gun storage or safety device for all firearms Section 922(z) of title 18, United States Code, is amended by striking handgun firearm 306. Consumer product safety standards for gun locks and gun safes (a) In general The Consumer Product Safety Act 15 U.S.C. 2051 et seq. 43. Consumer product safety standards for firearm locks and firearm safes (a) Establishment of standards (1) Rulemaking required (A) Rulemaking proceeding Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish— (i) a consumer product safety standard for firearm locks; and (ii) a consumer product safety standard for firearm safes. (B) Final rule Notwithstanding any other provision of law, including chapter 5 (C) Effective date Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. (2) Requirements for firearm lock standard The standard for firearm locks promulgated under paragraph (1) shall require firearm locks that— (A) are sufficiently difficult for an unauthorized user to de-activate or remove; and (B) prevent the discharge of the firearm unless the firearm lock has been de-activated or removed. (3) Requirements for firearm safe standard The standard for firearm safes promulgated under paragraph (1) shall require firearm safes that reliably secure firearms from unauthorized users, and include reliable security features, quality, and construction to reliably prevent unauthorized users from gaining access to a firearm by damaging or physically manipulating the safe. (b) Certain provisions not To apply (1) Provisions of this Act Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). (2) Chapter 5 of title 5 Except for section 553, chapter 5 (3) Chapter 6 of title 5 Chapter 6 (4) National Environmental Policy Act The National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (c) No effect on State law Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard. (d) Enforcement Notwithstanding subsection (b)(1), the consumer product safety standards promulgated by the Commission under subsection (a)(1) shall be enforced under this Act as if such standards were consumer product safety standards described in section 7(a). (e) Definitions In this section: (1) Firearm The term firearm (2) Firearm lock The term firearm lock (3) Firearm safe The term firearm safe . (b) Conforming amendment Section 1 of the Consumer Product Safety Act Sec. 43. Consumer product safety standards for firearm locks and firearm safes. . (c) Authorization of appropriations There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act 307. Gun-free school zones (a) Extension of Gun-Free School Zones Act to colleges and universities Section 921(a) of title 18, United States Code, is amended— (1) in paragraph (26), by striking public, parochial or private (2) in paragraph (27)— (A) by striking means a school means— (A) a public, parochial, or private school ; and (B) by striking the period at the end and inserting the following: ; and (B) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 . (b) Elimination of exception for licensed individuals Section 922(q)(2)(B) of title 18, United States Code, is amended— (1) by striking clause (ii); and (2) by redesignating clauses (iii) through (vii) as clauses (ii) through (vi), respectively. IV Extreme Risk Protection Orders 401. Extreme risk protection order grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a State or Indian Tribe— (i) that enacts legislation described in subsection (c); (ii) with respect to which the Attorney General determines that the legislation described in clause (i) complies with the requirements under subsection (c)(1); and (iii) that certifies to the Attorney General that the State or Indian Tribe shall— (I) use the grant for the purposes described in subsection (b)(2); and (II) allocate not less than 25 percent and not more than 70 percent of the amount received under a grant under subsection (b) for the development and dissemination of training for law enforcement officers in accordance with subsection (b)(4); or (B) a unit of local government or other public or private entity that— (i) is located in a State or in the territory under the jurisdiction of an Indian Tribe that meets the requirements described in clauses (i) and (ii) of subparagraph (A); and (ii) certifies to the Attorney General that the unit of local government or entity shall— (I) use the grant for the purposes described in subsection (b)(2); and (II) allocate not less than 25 percent and not more than 70 percent of the amount received under a grant under this section for the development and dissemination of training for law enforcement officers in accordance with subsection (b)(4). (2) Extreme risk protection order The term extreme risk protection order (A) Prohibiting a named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving a firearm. (B) Having a firearm removed or requiring the surrender of firearms from a named individual. (3) Firearm The term firearm (4) Indian Tribe The term Indian Tribe Indian tribe 34 U.S.C. 10389 (5) Law enforcement officer The term law enforcement officer (A) engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or (B) supervise sentenced criminal offenders. (6) Petitioner The term petitioner (7) Respondent The term respondent (8) State The term State (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (9) Unit of local government The term unit of local government 34 U.S.C. 10251 (b) Grant program established (1) In general The Attorney General shall establish a program under which, from amounts made available to carry out this section, the Attorney General may make grants to eligible entities to assist in carrying out the provisions of the legislation described in subsection (c). (2) Use of funds Funds awarded under this subsection may be used by an applicant to— (A) enhance the capacity of law enforcement agencies and the courts of a State, unit of local government, or Indian Tribe by providing personnel, training, technical assistance, data collection, and other resources to carry out enacted legislation described in subsection (c); (B) train judges, court personnel, health care and legal professionals, and law enforcement officers to more accurately identify individuals whose access to firearms poses a danger of causing harm to themselves or others by increasing the risk of firearms suicide or interpersonal violence; (C) develop and implement law enforcement and court protocols, forms, and orders so that law enforcement agencies and the courts may carry out the provisions of the enacted legislation described in subsection (c) in a safe, equitable, and effective manner, including through the removal and storage of firearms pursuant to extreme risk protection orders under the enacted legislation; and (D) raise public awareness and understanding of the enacted legislation described in subsection (c), including through subgrants to community-based organizations for the training of community members, so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury. (3) Application An eligible entity desiring a grant under this subsection shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require. (4) Training (A) In general A recipient of a grant under this subsection shall provide training to law enforcement officers, including officers of relevant Federal, State, local, and Tribal law enforcement agencies, in the safe, impartial, effective, and equitable use and administration of extreme risk protection orders, including training to address— (i) bias based on race and racism, ethnicity, gender, sexual orientation, gender identity, religion, language proficiency, mental health condition, disability, and classism in the use and administration of extreme risk protection orders; (ii) the appropriate use of extreme risk protection orders in cases of domestic violence, including the applicability of other policies and protocols to address domestic violence in situations that may also involve extreme risk protection orders and the necessity of safety planning with the victim before a law enforcement officer petitions for and executes an extreme risk protection order, if applicable; (iii) interacting with persons with a mental illness or emotional distress, including de-escalation and crisis intervention; and (iv) best practices for referring persons subject to extreme risk protection orders and associated victims of violence to social service providers that may be available in the jurisdiction and appropriate for those individuals, including health care, mental health, substance abuse, and legal services, employment and vocational services, housing assistance, case management, and veterans and disability benefits. (B) Consultation with experts A recipient of a grant under this subsection, in developing law enforcement training required under subparagraph (A), shall seek advice from domestic violence service providers (including culturally specific (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 (5) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (c) Eligibility for extreme risk protection order grant program (1) Requirements Legislation described in this subsection is legislation that establishes requirements that are substantially similar to the following: (A) Petition for extreme risk protection order A petitioner, including a law enforcement officer, may submit a petition to a State or Tribal court, on a form designed by the court or a State or Tribal agency, that— (i) describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual; and (ii) is signed by the applicant, under oath. (B) Notice and due process The individual named in a petition for an extreme risk protection order as described in subparagraph (A) shall be given written notice of the petition and an opportunity to be heard on the matter in accordance with this paragraph. (C) Issuance of extreme risk protection orders (i) Hearing (I) In general Upon receipt of a petition described in subparagraph (A) or request of an individual named in such a petition, the court shall order a hearing to be held within a reasonable time, and not later than 30 days after the date of the petition or request. (II) Determination If the court finds at the hearing ordered under subclause (I), by a preponderance of the evidence or according to a higher evidentiary standard established by the State or Indian Tribe, that the respondent poses a danger of causing harm to self or others by having access to a firearm, the court may issue an extreme risk protection order. (ii) Duration of extreme risk protection order An extreme risk protection order shall be in effect— (I) until an order terminating or superseding the extreme risk protection order is issued; or (II) for a set period of time. (D) Ex parte extreme risk protection orders (i) In general Upon receipt of a petition described in subparagraph (A), the court may issue an ex parte extreme risk protection order, if— (I) the petition for an extreme risk protection order alleges that the respondent poses a danger of causing harm to self or others by having access to a firearm; and (II) the court finds there is probable cause to believe, or makes a finding according to a higher evidentiary standard established by the State or Indian Tribe, that the respondent poses a danger of causing harm to self or others by having access to a firearm. (ii) Duration of ex parte extreme risk protection order An ex parte extreme risk protection order shall remain in effect only until the hearing required under subparagraph (C)(i). (E) Storage of removed firearms (i) Availability for return All firearms removed or surrendered pursuant to an extreme risk protection order shall only be available for return to the named individual when the individual has regained eligibility under Federal and State law, and, where applicable, Tribal law to possess firearms. (ii) Consent required for disposal or destruction Firearms owned by a named individual may not be disposed of or destroyed during the period of the extreme risk protection order without the consent of the named individual. (F) Notification (i) In general (I) Requirement A State or Tribal court that issues an extreme risk protection order shall notify the Attorney General or the comparable State or Tribal agency, as applicable, of the order as soon as practicable or within a designated period of time. (II) Form and manner A State or Tribal court shall submit a notification under subclause (I) in an electronic format, in a manner prescribed by the Attorney General or the comparable State or Tribal agency. (ii) Update of databases As soon as practicable or within the time period designated by State or Tribal law after receiving a notification under clause (i), the Attorney General or the comparable State or Tribal agency shall ensure that the extreme risk protection order is reflected in the National Instant Criminal Background Check System. (2) Additional provisions Legislation described in this subsection may— (A) provide procedures for the termination of an extreme risk protection order; (B) provide procedures for the renewal of an extreme risk protection order; (C) establish burdens and standards of proof for issuance of orders described in paragraph (1) that are substantially similar to or higher than the burdens and standards of proof set forth in that paragraph; (D) limit the individuals who may submit a petition described in paragraph (1), provided that, at a minimum, 1 or more law enforcement officers are authorized to do so; and (E) include any other authorizations or requirements that the State or Tribal authorities determine appropriate. (3) Annual report Not later than 1 year after the date on which an eligible entity receives a grant under subsection (b), and annually thereafter for the duration of the grant period, the entity shall submit to the Attorney General a report that includes, with respect to the preceding year— (A) the number of petitions for ex parte extreme risk protection orders filed, as well as the number of such orders issued and the number denied, disaggregated by— (i) the jurisdiction; (ii) the individual authorized under State or Tribal law to petition for an extreme risk protection order, including the relationship of the individual to the respondent; and (iii) the alleged danger posed by the respondent, including whether the danger involved a risk of suicide, unintentional injury, domestic violence, or other interpersonal violence; (B) the number of petitions for extreme risk protection orders filed, as well as the number of such orders issued and the number denied, disaggregated by— (i) the jurisdiction; (ii) the individual authorized under State or Tribal law to petition for an extreme risk protection order, including the relationship of the individual to the respondent; and (iii) the alleged danger posed by the respondent, including whether the danger involved a risk of suicide, unintentional injury, domestic violence, or other interpersonal violence; (C) the number of petitions for renewals of extreme risk protection orders filed, as well as the number of such orders issued and the number denied; (D) the number of cases in which a court imposed a penalty for false reporting or frivolous petitions; (E) demographic data of petitioners, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency, if available; (F) demographic data of respondents, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency, if available; and (G) the number of firearms removed, if available. 402. Federal extreme risk protection orders (a) In general Chapter 44 936. Extreme risk protection orders (a) Definitions In this section: (1) Court The term court (2) Designated law enforcement officer The term designated law enforcement officer (3) Director The term Director (4) Ex parte extreme risk protection order; ex parte order The term ex parte extreme risk protection order ex parte order (5) Extreme risk protection order The term extreme risk protection order (A) means an order issued by a Federal court under this section, the primary purpose of which is to reduce the risk of firearm-related death or injury by enjoining an individual from purchasing, possessing, or receiving, in or affecting interstate and foreign commerce, a firearm or ammunition; and (B) does not include a domestic violence protection order, as defined in section 2266. (6) Family or household member The term family or household member (A) parent, spouse, sibling, or child related by blood, marriage, or adoption to the respondent; (B) dating partner of the respondent; (C) individual who has a child in common with the respondent, regardless of whether the individual has— (i) been married to the respondent; or (ii) lived together with the respondent at any time; (D) individual who resides or has resided with the respondent during the past year; (E) domestic partner of the respondent; (F) individual who has a legal parent-child relationship with the respondent, including a stepparent-stepchild and grandparent-grandchild relationship; or (G) individual who is acting or has acted as the legal guardian of the respondent. (7) Law enforcement officer The term law enforcement officer 25 U.S.C. 5304 (A) by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law; or (B) by law to supervise sentenced criminal offenders. (8) Long-term extreme risk protection order; long-term order The term long-term extreme risk protection order long-term order (9) Mental health agency The term mental health agency (10) National instant criminal background check system The term national instant criminal background check system 34 U.S.C. 40901 (b) Petition (1) In general A family or household member of the applicable individual, or a law enforcement officer, may submit to an appropriate district court of the United States a petition requesting that the court issue an ex parte extreme risk protection order or long-term extreme risk protection order with respect to an individual. (2) No fees A court may not charge a petitioner any fee for filing a petition under paragraph (1). (3) Confidentiality A petitioner who is a law enforcement officer may provide the identity of the sources of the petitioner, and any identifying information, to the court under seal. (c) Ex parte orders (1) Timing (A) In general Except as provided in subparagraph (B), a court that receives a petition for an ex parte order under subsection (b) shall grant or deny the petition on the date on which the petition is submitted. (B) Late petitions If a court receives a petition for an ex parte order submitted under subsection (b) too late in the day to permit effective review, the court shall grant or deny the petition on the next day of judicial business at a time early enough to permit the court to file an order with the clerk of the court during that day. (2) Evidence required Before issuing an ex parte order, a court shall require that the petitioner submit a signed affidavit, sworn to before the court, that— (A) explains why the petitioner believes that the respondent poses a risk of imminent personal injury to the respondent or another individual, by purchasing, possessing, or receiving a firearm or ammunition; and (B) describes the interactions and conversations of the petitioner with— (i) the respondent; or (ii) another individual, if the petitioner believes that information obtained from that individual is credible and reliable. (3) Standard for issuance of order A court may issue an ex parte order only upon a finding of probable cause to believe that— (A) the respondent poses a risk of imminent personal injury to the respondent or another individual, by purchasing, possessing, or receiving a firearm or ammunition; and (B) the order is necessary to prevent the injury described in subparagraph (A). (4) Duration An ex parte order shall expire on the earlier of— (A) the date that is 14 days after the date of issuance; or (B) the date on which the court determines whether to issue a long-term order with respect to the respondent. (d) Long-Term orders (1) Hearing required If a court receives a petition for an extreme risk protection order for a respondent under subsection (b), the court shall hold a hearing to determine whether to issue a long-term order with respect to the respondent either— (A) (i) except as provided in clause (ii), not later than 72 hours after the court issues an ex parte order with respect to the respondent; or (ii) if the court issues an ex parte order with respect to the respondent but the order is not served on the respondent within 72 hours of the issuance, not later than 72 hours after the order is served on the respondent; or (B) if the respondent waives the right to a hearing under subparagraph (A) or the court does not issue an ex parte order, not later than 14 days after the date on which the court receives the petition. (2) Notice and opportunity to be heard (A) In general The court shall provide the respondent with notice and the opportunity to be heard at a hearing under this subsection, sufficient to protect the due process rights of the respondent. (B) Right to counsel (i) In general At a hearing under this subsection, the respondent may be represented by counsel who is— (I) chosen by the respondent; and (II) authorized to practice at such a hearing. (ii) Court-provided counsel (I) In general If the respondent is financially unable to obtain representation by counsel, the court, at the request of the respondent, may appoint counsel to represent the respondent in proceedings under this subsection. (II) Reasonable compensation An attorney appointed pursuant to this subparagraph shall be provided reasonable attorney's fees and expenses. (3) Burden of proof; standard At a hearing under this subsection, the petitioner— (A) shall have the burden of proving all material facts; and (B) shall be required to demonstrate, by a preponderance of the evidence, that— (i) the respondent poses a risk of personal injury to the respondent or another individual, during the period to be covered by the proposed extreme risk protection order, by purchasing, possessing, or receiving a firearm or ammunition; and (ii) the order is necessary to prevent the injury described in clause (i). (4) Issuance Upon a showing of clear and convincing evidence under paragraph (3), the court shall issue a long-term order with respect to the respondent that shall be in effect for a period of not more than 180 days. (5) Denial If the court finds that there is not clear and convincing evidence to support the issuance of a long-term order, the court shall dissolve any ex parte order then in effect with respect to the respondent. (6) Renewal (A) Notice of scheduled expiration Thirty days before the date on which a long-term order is scheduled to expire, the court that issued the order shall— (i) notify the petitioner and the respondent that the order is scheduled to expire; and (ii) advise the petitioner and the respondent of the procedures for seeking a renewal of the order under this paragraph. (B) Petition If a family or household member of the respondent, or a law enforcement officer, believes that the conditions under paragraph (3)(B) continue to apply with respect to a respondent who is subject to a long-term order, the family or household member or law enforcement officer may submit to the court that issued the order a petition for a renewal of the order. (C) Hearing A court that receives a petition submitted under subparagraph (B) shall hold a hearing to determine whether to issue a renewed long-term order with respect to the respondent. (D) Applicable procedures The requirements under paragraphs (2) through (5) shall apply to the consideration of a petition for a renewed long-term order submitted under subparagraph (B) of this paragraph. (E) Issuance Upon a showing by clear and convincing evidence that the conditions under paragraph (3)(B) continue to apply with respect to the respondent, the court shall issue a renewed long-term order with respect to the respondent. (e) Factors To consider In determining whether to issue an extreme risk protection order, a court— (1) shall consider factors including— (A) recent threats, by any medium, or acts of violence by the respondent directed toward other individuals; (B) recent threats, by any medium, or acts of violence by the respondent directed toward the respondent; (C) recent acts of cruelty to animals by the respondent; (D) evidence of ongoing abuse of controlled substances or alcohol by the respondent that has led to threats or acts of violence directed toward the respondent or other individuals; and (E) evidence of danger to self or others transmitted by electronic communications or publications through social media or networking; and (2) may consider other factors, including— (A) the reckless use, display, or brandishing of a firearm by the respondent; (B) a history of violence or attempted violence by the respondent against other individuals; and (C) evidence of explicit or implicit threats made by the person through any medium that demonstrate that the person poses a risk of personal injury to the person or others. (f) Relinquishment of firearms and ammunition (1) Order of surrender Upon issuance of an ex parte order or long-term order, the court shall order the respondent to surrender all firearms and ammunition that the respondent possesses or owns, in or affecting interstate commerce, as well as any permit authorizing the respondent to purchase or possess firearms (including a concealed carry permit), to— (A) the United States Marshals Service; or (B) a designated law enforcement officer. (2) Surrender and removal (A) Manner of service (i) Personal service Except as provided in clause (ii), a United States marshal or designated law enforcement officer shall serve an extreme risk protection order on a respondent by handing the order to the respondent. (ii) Alternative service If the respondent cannot reasonably be located for service as described in clause (i), an extreme risk protection order may be served on the respondent in any manner authorized under the Federal Rules of Civil Procedure. (B) Removal Except as provided in subparagraph (C), a United States marshal or designated law enforcement officer serving an extreme risk protection order personally on the respondent shall— (i) request that all firearms and ammunition, in or affecting interstate commerce, as well as any permit authorizing the respondent to purchase or possess firearms (including a concealed carry permit), that the respondent possesses or owns— (I) be immediately surrendered to the United States marshal or designated law enforcement officer; or (II) at the option of the respondent, be immediately surrendered and sold to a federally licensed firearms dealer; and (ii) take possession of all firearms and ammunition described in clause (i) that are not sold under subclause (II) of that clause, as well as any permit described in that clause, that are— (I) surrendered; (II) in plain sight; or (III) discovered pursuant to a lawful search. (C) Alternative surrender If a United States marshal or designated law enforcement officer is not able to personally serve an extreme risk protection order under subparagraph (A)(i), or is not reasonably able to take custody of the firearms, ammunition, and permits under subparagraph (B), the respondent shall surrender the firearms, ammunition, and permits in a safe manner to the control of a United States marshal or designated law enforcement officer not later than 48 hours after being served with the order. (3) Receipt (A) Issuance At the time of surrender or removal under paragraph (2), a United States marshal or designated law enforcement officer taking possession of a firearm, ammunition, or a permit pursuant to an extreme risk protection order shall— (i) issue a receipt identifying all firearms, ammunition, and permits that have been surrendered or removed; and (ii) provide a copy of the receipt issued under clause (i) to the respondent. (B) Filing Not later than 72 hours after service of an order under paragraph (2)(A), the United States marshal who served the order or designated another law enforcement officer to do so shall— (i) file the original receipt issued under subparagraph (A) of this paragraph with the court that issued the extreme risk protection order; and (ii) ensure that the United States Marshals Service retains a copy of the receipt. (C) Designated law enforcement officer If a designated law enforcement officer issues a receipt under subparagraph (A), the officer shall submit the original receipt and a copy of the receipt to the appropriate United States marshal to enable the United States marshal to comply with subparagraph (B). (4) Forfeiture If a respondent knowingly attempts, in violation of an extreme risk protection order, to access a firearm, ammunition, or a permit that was surrendered or removed under this subsection, the firearm, ammunition, or permit shall be subject to seizure and forfeiture under section 924(d). (g) Return of firearms and ammunition (1) Notice If an extreme risk protection order is dissolved, or expires and is not renewed, the court that issued the order shall order the United States Marshals Service to— (A) confirm, through the national instant criminal background check system and any other relevant law enforcement databases, that the respondent may lawfully own and possess firearms and ammunition; and (B) (i) if the respondent may lawfully own and possess firearms and ammunition, notify the respondent that the respondent may retrieve each firearm, ammunition, or permit surrendered by or removed from the respondent under subsection (f); or (ii) if the respondent may not lawfully own or possess firearms and ammunition, notify the respondent that each firearm, ammunition, or permit surrendered by or removed from the respondent under subsection (f) will be returned only when the respondent demonstrates to the United States Marshals Service that the respondent may lawfully own and possess firearms and ammunition. (2) Return If an extreme risk protection order is dissolved, or expires and is not renewed, and the United States Marshals Service confirms under paragraph (1)(A) that the respondent may lawfully own and possess firearms and ammunition, the court that issued the order shall order the entity that possesses each firearm, ammunition, or permit surrendered by or removed from the respondent under subsection (f) to return those items to the respondent. (h) Return of firearms and ammunition improperly received If a court, in a hearing under subsection (d), determines that a firearm or ammunition surrendered by or removed from a respondent under subsection (f) is owned by an individual other than the respondent, the court may order the United States marshal or designated law enforcement officer in possession of the firearm or ammunition to transfer the firearm or ammunition to that individual if— (1) the individual may lawfully own and possess firearms and ammunition; and (2) the individual will not provide the respondent with access to the firearm or ammunition. (i) Penalty for false reporting or frivolous petitions An individual who knowingly submits materially false information to the court in a petition for an extreme risk protection order under this section, or who knowingly files such a petition that is frivolous, unreasonable, or without foundation, shall be fined not less than $1,000, in addition to any other penalty authorized by law, as the court deems necessary to deter such abuse of process. (j) Model policy (1) In general The Director shall draft a model policy to maximize the accessibility of extreme risk protection orders. (2) Contents In drafting the model policy under paragraph (1), the Director shall— (A) ensure that State and local law enforcement officers and members of the public without legal training are able to easily file petitions for extreme risk protection orders; (B) prescribe outreach efforts by employees of the district courts of the United States to familiarize relevant law enforcement officers and the public with the procedures for filing petitions, either— (i) through direct outreach; or (ii) in coordination with— (I) relevant officials in the executive or legislative branch of the Federal Government; or (II) with State and local officials; (C) prescribe policies for allowing the filing of petitions and prompt adjudication of petitions on weekends and outside of normal court hours; (D) prescribe policies for coordinating with law enforcement agencies to ensure the safe, timely, and effective service of extreme risk protection orders and relinquishment of firearms, ammunition, and permits, as applicable; and (E) identify governmental and non-governmental resources and partners to help officials of the district courts of the United States coordinate with civil society organizations to ensure the safe and effective implementation of this section. (k) Reporting (1) Individual reports (A) In general Not later than 2 court days after the date on which a court issues or dissolves an extreme risk protection order under this section or an extreme risk protection order expires without being renewed, the court shall notify— (i) the Attorney General; (ii) each relevant mental health agency in the State in which the order is issued; and (iii) State and local law enforcement officials in the jurisdiction in which the order is issued, including the national instant criminal background check system single point of contact for the State of residence of the respondent, where applicable. (B) Format A court shall submit a notice under subparagraph (A) in an electronic format, in a manner prescribed by the Attorney General. (C) Update of databases As soon as practicable and not later than 5 days after receiving a notice under subparagraph (A), the Attorney General shall update the background check databases of the Attorney General to reflect the prohibitions articulated in the applicable extreme risk protection order. (2) Annual reports Not later than 1 year after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 (A) the number of petitions for ex parte orders filed, as well as the number of such orders issued and the number denied; (B) the number of petitions for long-term orders filed, as well as the number of such orders issued and the number denied; (C) the number of petitions for renewals of long-term orders filed, as well as the number of such orders issued and the number denied; and (D) the number of cases in which a court has issued a penalty for false reporting or frivolous petitions. (l) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (m) Rule of construction Nothing in this section may be construed to alter the requirements of subsections (d)(8) or (g)(8) of section 922, relating to domestic violence protective orders. . (b) Technical and conforming amendments (1) Table of sections The table of sections for chapter 44 936. Extreme risk protection orders. . (2) Forfeiture Section 924(d)(3) of title 18, United States Code, is amended— (A) in subparagraph (F), by striking and (B) in subparagraph (G), by striking the period and inserting ; and (C) by adding at the end the following: (H) any attempt to violate an extreme risk protection order issued under section 936. . 403. Federal firearms prohibition (a) Definition Section 921(a) of title 18, United States Code is amended by adding at the end the following: (38) The term extreme risk protection order Gun Violence Prevention and Community Safety Act of 2022 . (b) Prohibitions Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and (B) by inserting after paragraph (9) the following: (10) is subject to an extreme risk protection order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) prevents such person from possessing or receiving firearms; and (C) includes a finding that such person poses a danger of harm to self or others. ; and (2) in subsection (g)— (A) in paragraph (8), 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) is subject to an extreme risk protection order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) prevents such person from possessing or receiving firearms; and (C) includes a finding that such person poses a danger of harm to self or others, . 404. Identification records Section 534 of title 28, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: (4) acquire, collect, classify, and preserve records from Federal, tribal, and State courts and other agencies identifying individuals subject to extreme risk protection orders, as defined in section 401 of the Gun Violence Prevention and Community Safety Act of 2022 ; (2) in subsection (b)— (A) by striking (a)(5) (a)(6) (B) by striking (a)(4) (a)(5) (3) by adding at the end the following: (g) Federal, tribal, and State criminal justice agencies and criminal and civil courts may— (1) include extreme risk protection orders, as defined in section 401 of the Gun Violence Prevention and Community Safety Act of 2022 (2) have access to information regarding extreme risk protection orders through the national crime information databases, as defined in subsection (f)(3) of this section. . 405. Conforming amendment Section 3(1) of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40903(1) section 922(g)(8) paragraph (8) or (10) of section 922(g) 406. Full faith and credit (a) Definitions In this section, the terms extreme risk protection order Indian Tribe State (b) Full faith and credit required Any extreme risk protection order issued under a State or Tribal law enacted in accordance with this title shall be accorded the same full faith and credit by the court of another State or Indian Tribe (referred to in this subsection as the enforcing State or Indian Tribe (c) Applicability to extreme risk protection orders (1) In general Subsection (b) shall apply to an extreme risk protection order issued by a State or Tribal court if— (A) the court has jurisdiction over the parties and matter under the law of the State or Indian Tribe; and (B) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. (2) Ex parte extreme risk protection orders For purposes of paragraph (1)(B), in the case of an ex parte extreme risk protection order, notice and opportunity to be heard shall be provided within the time required by State or Tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the respondent. (d) Tribal court jurisdiction For purposes of this section, a court of an Indian Tribe shall have full civil jurisdiction to issue and enforce an extreme risk protection order involving any person, including the authority to enforce any order through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country (as defined in section 1151 of title 18, United States Code) of the Indian Tribe or otherwise within the authority of the Indian Tribe. V Assault weapons and firearms silencers and mufflers ban A Assault weapons ban 511. Definitions (a) In general Section 921(a) of title 18, United States Code, as amended by section 403 of this Act, is amended— (1) by inserting after paragraph (30) the following: (31) The term semiautomatic pistol (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. ; and (2) by adding at the end the following: (39) The term semiautomatic shotgun (A) utilizes a portion of the energy of a firing shell to extract the fired shell casing and chamber the next round; and (B) requires a separate pull of the trigger to fire each shell. (40) The term semiautomatic assault weapon (A) A semiautomatic rifle that— (i) has the capacity to accept a detachable ammunition feeding device; and (ii) has— (I) a pistol grip; (II) a forward grip; (III) a folding, telescoping, or detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon; (IV) a grenade launcher; (V) a barrel shroud; or (VI) a threaded barrel. (B) A semiautomatic rifle that has a fixed ammunition feeding device with the capacity to accept more than 15 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic firearm but not convert the semiautomatic firearm into a machinegun. (D) A semiautomatic pistol that— (i) has an ammunition feeding device that is not a fixed ammunition feeding device; and (ii) has— (I) a threaded barrel; (II) a second pistol grip; (III) a barrel shroud; (IV) the capacity to accept a detachable ammunition feeding device at some location outside of the pistol grip; (V) a semiautomatic version of an automatic firearm; (VI) a manufactured weight of 50 ounces or more when unloaded; or (VII) a buffer tube, stabilizing brace, or similar component that protrudes horizontally behind the pistol grip, and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder. (E) A semiautomatic pistol with a fixed ammunition feeding device that has the capacity to accept more than 15 rounds. (F) A semiautomatic shotgun that— (i) has— (I) the capacity to accept a detachable ammunition feeding device; or (II) a fixed ammunition feeding device that has the capacity to accept more than 5 rounds; and (ii) has— (I) a folding, telescoping, or detachable stock; (II) a pistol grip or bird's head grip; (III) a forward grip; or (IV) a grenade launcher. (G) Any shotgun with a revolving cylinder. (H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR–47, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM. (II) IZHMASH Saiga AK. (III) MAADI AK47 and ARM. (IV) Norinco 56S, 56S2, 84S, and 86S. (V) Poly Technologies AK47 and AKS. (VI) SKS with a detachable ammunition feeding device. (ii) All AR types, including the following: (I) AR–10. (II) AR–15. (III) Alexander Arms Overmatch Plus 16. (IV) Armalite M15 22LR Carbine. (V) Armalite M15–T. (VI) Barrett REC7. (VII) Beretta AR–70. (VIII) Black Rain Ordnance Recon Scout. (IX) Bushmaster ACR. (X) Bushmaster Carbon 15. (XI) Bushmaster MOE series. (XII) Bushmaster XM15. (XIII) Chiappa Firearms MFour rifles. (XIV) Colt Match Target rifles. (XV) CORE Rifle Systems CORE15 rifles. (XVI) Daniel Defense M4A1 rifles. (XVII) Devil Dog Arms 15 Series rifles. (XVIII) Diamondback DB15 rifles. (XIX) DoubleStar AR rifles. (XX) DPMS Tactical rifles. (XXI) DSA Inc. ZM–4 Carbine. (XXII) Heckler & Koch MR556. (XXIII) High Standard HSA–15 rifles. (XXIV) Jesse James Nomad AR–15 rifle. (XXV) Knight’s Armament SR–15. (XXVI) Lancer L15 rifles. (XXVII) MGI Hydra Series rifles. (XXVIII) Mossberg MMR Tactical rifles. (XXIX) Noreen Firearms BN 36 rifle. (XXX) Olympic Arms. (XXXI) POF USA P415. (XXXII) Precision Firearms AR rifles. (XXXIII) Remington R–15 rifles. (XXXIV) Rhino Arms AR rifles. (XXXV) Rock River Arms LAR–15. (XXXVI) Sig Sauer SIG516 rifles and MCX rifles. (XXXVII) Smith & Wesson M&P15 rifles. (XXXVIII) Stag Arms AR rifles. (XXXIX) Sturm, Ruger & Co. SR556 and AR–556 rifles. (XL) Uselton Arms Air-Lite M–4 rifles. (XLI) Windham Weaponry AR rifles. (XLII) WMD Guns Big Beast. (XLIII) Yankee Hill Machine Company, Inc. YHM–15 rifles. (iii) Barrett M107A1. (iv) Barrett M82A1. (v) Beretta CX4 Storm. (vi) Calico Liberty Series. (vii) CETME Sporter. (viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C. (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. (x) Feather Industries AT–9. (xi) Galil Model AR and Model ARM. (xii) Hi-Point Carbine. (xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC. (xiv) IWI TAVOR, Galil ACE rifle. (xv) Kel-Tec Sub-2000, SU–16, and RFB. (xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX. (xvii) Springfield Armory SAR–48. (xviii) Steyr AUG. (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF. (xx) All Thompson rifles, including the following: (I) Thompson M1SB. (II) Thompson T1100D. (III) Thompson T150D. (IV) Thompson T1B. (V) Thompson T1B100D. (VI) Thompson T1B50D. (VII) Thompson T1BSB. (VIII) Thompson T1C. (IX) Thompson T1D. (X) Thompson T1SB. (XI) Thompson T5. (XII) Thompson T5100D. (XIII) Thompson TM1. (XIV) Thompson TM1C. (xxi) UMAREX UZI rifle. (xxii) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine. (xxiii) Valmet M62S, M71S, and M78. (xxiv) Vector Arms UZI Type. (xxv) Weaver Arms Nighthawk. (xxvi) Wilkinson Arms Linda Carbine. (I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) Centurion 39 AK pistol. (II) CZ Scorpion pistol. (III) Draco AK–47 pistol. (IV) HCR AK–47 pistol. (V) IO Inc. Hellpup AK–47 pistol. (VI) Krinkov pistol. (VII) Mini Draco AK–47 pistol. (VIII) PAP M92 pistol. (IX) Yugo Krebs Krink pistol. (ii) All AR types, including the following: (I) American Spirit AR–15 pistol. (II) Bushmaster Carbon 15 pistol. (III) Chiappa Firearms M4 Pistol GEN II. (IV) CORE Rifle Systems CORE15 Roscoe pistol. (V) Daniel Defense MK18 pistol. (VI) DoubleStar Corporation AR pistol. (VII) DPMS AR–15 pistol. (VIII) Jesse James Nomad AR–15 pistol. (IX) Olympic Arms AR–15 pistol. (X) Osprey Armament MK–18 pistol. (XI) POF USA AR pistols. (XII) Rock River Arms LAR 15 pistol. (XIII) Uselton Arms Air-Lite M–4 pistol. (iii) Calico pistols. (iv) DSA SA58 PKP FAL pistol. (v) Encom MP–9 and MP–45. (vi) Heckler & Koch model SP–89 pistol. (vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9. (viii) IWI Galil Ace pistol, UZI PRO pistol. (ix) Kel-Tec PLR 16 pistol. (x) All MAC types, including the following: (I) MAC–10. (II) MAC–11. (III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol. (IV) Military Armament Corp. Ingram M–11. (V) Velocity Arms VMAC. (xi) Sig Sauer P556 pistol. (xii) Sites Spectre. (xiii) All Thompson types, including the following: (I) Thompson TA510D. (II) Thompson TA5. (xiv) All UZI types, including Micro-UZI. (J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) DERYA Anakon MC–1980, Anakon SD12. (ii) Doruk Lethal shotguns. (iii) Franchi LAW–12 and SPAS 12. (iv) All IZHMASH Saiga 12 types, including the following: (I) IZHMASH Saiga 12. (II) IZHMASH Saiga 12S. (III) IZHMASH Saiga 12S EXP–01. (IV) IZHMASH Saiga 12K. (V) IZHMASH Saiga 12K–030. (VI) IZHMASH Saiga 12K–040 Taktika. (v) Streetsweeper. (vi) Striker 12. (K) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495. (L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled. (M) The frame or receiver of a rifle or shotgun described in subparagraph (G), (H), (J), or (K). (41) The term large capacity ammunition feeding device (A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 15 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. . (b) Related definitions Section 921(a) of title 18, United States Code, as amended by subsection (a), is amended by adding at the end the following: (42) The term barrel shroud (A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and (B) does not include— (i) a slide that partially or completely encloses the barrel; or (ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. (43) The term detachable ammunition feeding device (44) The term fixed ammunition feeding device (A) means an ammunition feeding device that is contained in and not removable from or is permanently fixed to the firearm; and (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (45) The term folding, telescoping, or detachable stock (46) The term forward grip (47) The term grenade launcher (48) The term permanently inoperable (49) The term pistol grip (50) The term threaded barrel (51) The term qualified law enforcement officer (52) The term grandfathered semiautomatic assault weapon (53) The term belt-fed semiautomatic firearm (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; (B) requires a separate pull of the trigger to fire each cartridge; and (C) has the capacity to accept a belt ammunition feeding device. . 512. Restrictions on assault weapons and large capacity ammunition feeding devices (a) In general Section 922 of title 18, United States Code, is amended— (1) by inserting after subsection (u) the following: (v) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon. (2) Paragraph (1) shall not apply to the possession, sale, or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 (3) Paragraph (1) shall not apply to any firearm that— (A) is manually operated by bolt, pump, lever, or slide action, except for a shotgun described in section 921(a)(40)(G); (B) has been rendered permanently inoperable; (C) is an antique firearm, as defined in section 921 of this title; or (D) is only capable of firing rimfire ammunition. (4) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State; (B) the sale to, transfer to, or possession by a qualified law enforcement officer employed by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty); (C) the sale to, transfer to, or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (D) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. (E) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; (F) the importation, sale, manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General; or (G) the importation, sale, manufacture, transfer, or possession of a firearm specified in Appendix A to this section, as such firearm was manufactured on the date of introduction of the Gun Violence Prevention and Community Safety Act of 2022 (5) For purposes of paragraph (4)(C), the term campus law enforcement officer (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. (6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and, if available, date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit a copy of the record established under this paragraph to Congress and make the record available to the general public. (w) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 (3) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State; (B) the sale to, transfer to, or possession by a qualified law enforcement officer employed by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty); (C) the sale to, transfer to, or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (D) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. (E) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or (F) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (4) For purposes of paragraph (3)(C), the term campus law enforcement officer (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. ; and (2) by adding at the end the following: (aa) Secure storage or safety device requirement for grandfathered semiautomatic assault weapons It shall be unlawful for any person, other than a licensed importer, licensed manufacturer, or licensed dealer, to store or keep under the dominion or control of that person any grandfathered semiautomatic assault weapon that the person knows, or has reasonable cause to believe, will be accessible to an individual prohibited from receiving or possessing a firearm under subsection (g), (n), or (x), or any provision of State law, unless the grandfathered semiautomatic assault weapon is— (1) carried on the person, or within such close proximity that the person can readily retrieve and use the grandfathered semiautomatic assault weapon as if the grandfathered semiautomatic assault weapon were carried on the person; or (2) locked by a secure gun storage or safety device that the prohibited individual has no ability to access. . (b) Identification markings for semiautomatic assault weapons Section 923(i) of title 18, United States Code, is amended by adding at the end the following: The serial number of any semiautomatic assault weapon manufactured after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 (c) Identification markings for large capacity ammunition feeding devices Section 923(i) of title 18, United States Code, as amended by subsection (b), is amended by adding at the end the following: A large capacity ammunition feeding device manufactured after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 (d) Seizure and forfeiture of large capacity ammunition feeding devices Subsection (d) of section 924 of title 18, United States Code, is amended— (1) in paragraph (1)— (A) by inserting or large capacity ammunition feeding device firearm or ammunition (B) by inserting or large capacity ammunition feeding device firearms or ammunition (C) by striking or (k) (k), (r), (v), or (w) (2) in paragraph (2)(C), by inserting or large capacity ammunition feeding devices firearms or quantities of ammunition (3) in paragraph (3)(E), by inserting 922(r), 922(v), 922(w), 922(n), (e) Appendix A Section 922 of title 18, United States Code, is amended by adding at the end the following: Appendix A—Firearms exempted by the Gun Violence Prevention and Community Safety Act of 2022 Centerfire Rifles—Autoloaders Benelli R1 Rifle Browning BAR Mark II Safari Magnum Rifle Browning BAR Mark II Safari Semi-Auto Rifle Browning BAR Stalker Rifles Browning High-Power Rifle Browning Longtrac Rifle Browning Shorttrac Rifle Heckler & Koch HK630 Heckler & Koch HK770 Heckler & Koch HK940 Heckler & Koch Model 300 Rifle Heckler & Koch SL7 Rifle Iver Johnson 50th Anniversary M–1 Carbine (w/o folding stock) Iver Johnson M–1 Carbine (w/o folding stock) M–1 Carbines with standard fixed stock M–1 Garand with fixed 8 round capacity and standard stock Marlin Model 9 Camp Carbine Marlin Model 45 Carbine Remington Model 74 Remington Model 81 Remington Model 740 Remington Model 742 Remington Model 750 Synthetic Remington Model 750 Woodmaster Remington Model 7400 Rifle Remington Model 7400 Special Purpose Auto Rifle Remington Nylon 66 Auto-Loading Rifle Ruger Mini 30 Ruger Mini-14 (w/o folding or telescoping stock or pistol grip) Ruger PC4 Ruger PC9 SKS type rifles with fixed 10 round magazine and standard fixed stock Winchester Model SXR Centerfire Rifles—Lever & Slide Action Arms Timber Wolf Pump Action Beretta 1873 Renegade Lever Action Beretta Gold Rush Slide Action Big Horn Armory Model 89 Browning BLR Model 181 Lever Action, All Models Browning BPR Pump Rifle Browning Model 53 Lever Action Browning Model 65 Grade 1 Lever Action Rifle Browning Model 71 Rifle and Carbine Browning Model 81 BLR Browning Model 81 BLR Lever-Action Rifle Browning Model 81 Long Action BLR Browning Model 1886 High Grade Carbine Browning Model 1886 Lever-Action Carbine Browning Model B–92 Carbine Charles Daly Model 1892 Lever Action, All Models Chiappa 1886 Lever Action Rifles Cimarron 1860 Henry Replica Cimarron 1866 Winchester Replicas Cimarron 1873 30″ Express Rifle Cimarron 1873 Short Rifle Cimarron 1873 Sporting Rifle Cimarron 1873 Winchester Replicas Dixie Engraved 1873 Rifle Dixie Lightning Rifle and Carbines E.M.F. 1860 Henry Rifle E.M.F. 1866 Yellowboy Lever Actions E.M.F. Model 73 Lever-Action Rifle E.M.F. Model 1873 Lever Actions Henry .30/30 Lever Action Carbine Henry Big Boy .357 Magnum Henry Big Boy .44 Magnum Henry Big Boy .45 Colt Henry Big Boy Deluxe Engraved .44 Magnum Henry Big Boy Deluxe Engraved .45 Colt Marlin Model 30AS Lever-Action Carbine Marlin Model 62 Lever Action Marlin Model 93 Lever Action Marlin Model 308MX Marlin Model 308MXLR Marlin Model 336 Deluxe Marlin Model 336C Marlin Model 336CS Lever-Action Carbine Marlin Model 336DL Lever Action Marlin Model 336SS Marlin Model 336W Marlin Model 336XLR Marlin Model 338MX Marlin Model 338MXLR Marlin Model 444 Marlin Model 444 Lever-Action Marlin Model 444XLR Marlin Model 1894 Marlin Model 1894 Cowboy Marlin Model 1894 Lever Action, All Models Marlin Model 1894C Marlin Model 1894CL Classic Marlin Model 1894CS Carbine Marlin Model 1894S Lever-Action Carbine Marlin Model 1894SS Marlin Model 1895 Marlin Model 1895 Cowboy Marlin Model 1895 Lever Action, All Models Marlin Model 1895G Marlin Model 1895GS Marlin Model 1895M Marlin Model 1895MXLR Marlin Model 1895SBL Marlin Model 1895SS Lever-Action Rifle Marlin Model 1895XLR Marlin XLR Lever Action Rifles Mitchell 1858 Henry Replica Mitchell 1866 Winchester Replica Mitchell 1873 Winchester Replica Mossberg 464 Lever Action Rifle Mossberg Model 472 Lever Action Mossberg Model 479 Lever Action Navy Arms 1866 Yellowboy Rifle Navy Arms 1873 Sporting Rifle Navy Arms 1873 Winchester-Style Rifle Navy Arms 1892 Short Rifle Navy Arms Henry Carbine Navy Arms Henry Trapper Navy Arms Iron Frame Henry Navy Arms Military Henry Rifle Puma Bounty Hunter Rifle Puma Model 92 Rifles & Carbines Remington 7600 Slide Action Remington Model 6 Pump Action Remington Model 14, 14 1/2 Remington Model 141 Pump Action Remington Model 760 Slide Actions Remington Model 7600 Special Purpose Slide Action Remington Model 7600 Synthetic Remington Model 7615 Camo Hunter Remington Model 7615 Ranch Carbine Remington Model 7615 SPS Rossi M92 SRC Saddle-Ring Carbine Rossi M92 SRS Short Carbine Rossi R92 Lever Action Carbines Ruger Model 96/44 Lever Action Savage 99C Lever-Action Rifle Savage Model 170 Pump Action Taurus Thunderbolt Pump Action Taylor’s & CO., Inc. 1865 Spencer Carbine/Rifle Taylor’s & CO., Inc. 1892 Carbine/Rifle U.S. Fire Arms Standard Lightning Magazine Rifle Uberti 1866 Sporting Rifle Uberti 1873 Sporting Rifle Uberti 1876 Rifle Uberti 1883 Burgess Lever Action Rifle/Carbine Uberti Henry Rifle Uberti Lightning Rifle/Carbine Winchester Lever Actions, All Other Center Fire Models Winchester Model 94 Big Bore Side Eject Winchester Model 94 Ranger Side Eject Lever-Action Rifle Winchester Model 94 Side Eject Lever-Action Rifle Winchester Model 94 Trapper Side Eject Winchester Model 94 Wrangler Side Eject Winchester Model 1895 Safari Centennial Centerfire Rifles—Bolt Action Accurate Arms Raptor & Backpack Bolt Action Rifles Alpine Bolt-Action Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1733D Mannlicher Rifle Arnold Arms African Safari & Alaskan Trophy Rifles A-Square Caesar Bolt-Action Rifle A-Square Genghis Khan Bolt Action Rifle A-Square Hamilcar Bolt Action Rifle A-Square Hannibal Bolt-Action Rifle Auguste Francotte Bolt-Action Rifles Bansners Ultimate Bolt Action Rifles Beeman/HW 60J Bolt-Action Rifle Benton & Brown Firearms, Inc. Model 93 Bolt Action Rifle Blackheart International BBG Hunter Bolt Action Blackheart International LLC BBG Light Sniper Bolt Action Blaser R8 Professional Blaser R84 Bolt-Action Rifle Blaser R93 Bolt Action Rifle BRNO 537 Sporter Bolt-Action Rifle BRNO ZKB 527 Fox Bolt-Action Rifle BRNO ZKK 600, 601, 602 Bolt-Action Rifles Brown Precision Company Bolt Action Sporter Browning A-Bolt Gold Medallion Browning A-Bolt Left Hand Browning A-Bolt Micro Medallion Browning A-Bolt Rifle Browning A-Bolt Short Action Browning A-Bolt Stainless Stalker Browning Euro-Bolt Rifle Browning High-Power Bolt Action Rifle Browning X-Bolt Bolt Action Rifle Carbon One Bolt Action Rifle Carl Gustaf 2000 Bolt-Action Rifle Century Centurion 14 Sporter Century Enfield Sporter #4 Century M70 Sporter Century Mauser 98 Sporter Century Swedish Sporter #38 Cheytac M–200 Cheytac M70 Sporter Cooper Model 21 Bolt Action Rifle Cooper Model 22 Bolt Action Rifle Cooper Model 38 Centerfire Sporter Cooper Model 56 Bolt Action Rifle CZ 527 Bolt Action Rifles CZ 550 Bolt Action Rifles CZ 750 Sniper Rifle Dakota 22 Sporter Bolt-Action Rifle Dakota 76 Classic Bolt-Action Rifle Dakota 76 Safari Bolt-Action Rifle Dakota 76 Short Action Rifles Dakota 97 Bolt Action Rifle Dakota 416 Rigby African Dakota Predator Rifle DSA DS–MP1 Bolt Action Rifle E.A.A./Sabatti Rover 870 Bolt-Action Rifle EAA/Zastava M–93 Black Arrow Rifle Ed Brown Hunting and Model 704 Bolt Action Rifles Heym Bolt Action Rifles Heym Magnum Express Series Rifle Howa Bolt Action Rifles Howa Lightning Bolt-Action Rifle Howa Realtree Camo Rifle H–S Precision Bolt Action Rifles Interarms Mark X Bolt Action Rifles Interarms Mark X Viscount Bolt-Action Rifle Interarms Mark X Whitworth Bolt-Action Rifle Interarms Mini-Mark X Rifle Interarms Whitworth Express Rifle Iver Johnson Model 5100A1 Long-Range Rifle KDF K15 American Bolt-Action Rifle Kenny Jarrett Bolt Action Rifle Kimber Bolt Action Rifles Krico Model 600 Bolt-Action Rifle Krico Model 700 Bolt-Action Rifles Magnum Research Mount Eagle Rifles Marlin Model XL7 Marlin Model XL7C Marlin Model XL7L Marlin Model XL7W Marlin Model XS7 Marlin Model XS7C Marlin Model XS7Y Marlin XL–7/XS7 Bolt Action Rifles Mauser Model 66 Bolt-Action Rifle Mauser Model 99 Bolt-Action Rifle McMillan Classic Stainless Sporter McMillan Signature Alaskan McMillan Signature Classic Sporter McMillan Signature Super Varminter McMillan Signature Titanium Mountain Rifle McMillan Talon Safari Rifle McMillan Talon Sporter Rifle Merkel KR1 Bolt Action Rifle Midland 1500S Survivor Rifle Mossberg Model 100 ATR (All-Terrain Rifle) Navy Arms TU–33/40 Carbine Nosler Model 48 Varmint Rifle Parker Hale Bolt Action Rifles Parker-Hale Model 81 Classic African Rifle Parker-Hale Model 81 Classic Rifle Parker-Hale Model 1000 Rifle Parker-Hale Model 1100 Lightweight Rifle Parker-Hale Model 1100M African Magnum Parker-Hale Model 1200 Super Clip Rifle Parker-Hale Model 1200 Super Rifle Parker-Hale Model 1300C Scout Rifle Parker-Hale Model 2100 Midland Rifle Parker-Hale Model 2700 Lightweight Rifle Parker-Hale Model 2800 Midland Rifle Remington 700 ADL Bolt-Action Rifle Remington 700 BDL Bolt-Action Rifle Remington 700 BDL European Bolt-Action Rifle Remington 700 BDL Left Hand Remington 700 BDL SS Rifle Remington 700 BDL Varmint Special Remington 700 Camo Synthetic Rifle Remington 700 Classic Rifle Remington 700 Custom KS Mountain Rifle Remington 700 Mountain Rifle Remington 700 MTRSS Rifle Remington 700 Safari Remington 700 Stainless Synthetic Rifle Remington 700 Varmint Synthetic Rifle Remington Model 40–X Bolt Action Rifles Remington Model 700 Alaskan Ti Remington Model 700 Bolt Action Rifles Remington Model 700 CDL Remington Model 700 CDL Boone and Crockett Remington Model 700 CDL Left-Hand Remington Model 700 CDL SF Limited Edition Remington Model 700 LSS Remington Model 700 Mountain LSS Remington Model 700 Sendero SF II Remington Model 700 SPS Remington Model 700 SPS Buckmasters Edition Remington Model 700 SPS Buckmasters Edition ‘Young Bucks’ Youth Remington Model 700 SPS Stainless Remington Model 700 SPS Tactical Rifle Remington Model 700 SPS Varmint Remington Model 700 SPS Varmint (Left-Hand) Remington Model 700 SPS Youth Synthetic Left-Hand Remington Model 700 VL SS Thumbhole Remington Model 700 VLS Remington Model 700 VS SF II Remington Model 700 VTR Remington Model 700 XCR Remington Model 700 XCR Camo Remington Model 700 XCR Compact Tactical Rifle Remington Model 700 XCR Left-Hand Remington Model 700 XCR Tactical Long Range Rifle Remington Model 715 Remington Model 770 Remington Model 770 Bolt Action Rifles Remington Model 770 Stainless Camo Remington Model 770 Youth Remington Model 798 Remington Model 798 Safari Remington Model 798 SPS Remington Model 799 Remington Model Seven 25th Anniversary Remington Model Seven Bolt Action Rifles Remington Model Seven CDL Remington Model Seven Custom KS Remington Model Seven Custom MS Rifle Remington Model Seven Predator Remington Model Seven Youth Rifle Ruger M77 Hawkeye African Ruger M77 Hawkeye Alaskan Ruger M77 Hawkeye All-Weather Ruger M77 Hawkeye All-Weather Ultra Light Ruger M77 Hawkeye Compact Ruger M77 Hawkeye International Ruger M77 Hawkeye Laminate Compact Ruger M77 Hawkeye Laminate Left-Handed Ruger M77 Hawkeye Predator Ruger M77 Hawkeye Sporter Ruger M77 Hawkeye Standard Ruger M77 Hawkeye Standard Left-Handed Ruger M77 Hawkeye Tactical Ruger M77 Hawkeye Ultra Light Ruger M77 Mark II All-Weather Stainless Rifle Ruger M77 Mark II Express Rifle Ruger M77 Mark II Magnum Rifle Ruger M77 Mark II Rifle Ruger M77 Mark II Target Rifle Ruger M77 RSI International Carbine Ruger M77 Ruger Compact Magnum Ruger M77RL Ultra Light Ruger M77VT Target Rifle Ruger Model 77 Bolt Action Rifles Sako Bolt Action Rifles Sako Classic Bolt Action Sako Deluxe Lightweight Sako FiberClass Sporter Sako Hunter Left-Hand Rifle Sako Hunter LS Rifle Sako Hunter Rifle Sako Mannlicher-Style Carbine Sako Safari Grade Bolt Action Sako Super Deluxe Sporter Sako TRG–S Bolt-Action Rifle Sako Varmint Heavy Barrel Sauer 90 Bolt-Action Rifle Savage 16/116 Rifles Savage 110 Bolt Action Rifles Savage 110CY Youth/Ladies Rifle Savage 110F Bolt-Action Rifle Savage 110FP Police Rifle Savage 110FXP3 Bolt-Action Rifle Savage 110G Bolt-Action Rifle Savage 110GV Varmint Rifle Savage 110GXP3 Bolt-Action Rifle Savage 110WLE One of One Thousand Limited Edition Rifle Savage 112 Bolt Action Rifles Savage 112FV Varmint Rifle Savage 116 Bolt Action Rifles Savage 116FSS Bolt-Action Rifle Savage Axis Series Bolt Action Rifles Savage Model 10 Bolt Action Rifles Savage Model 10GXP Package Guns Savage Model 11/111 Series Bolt Action Rifles Savage Model 12 Series Rifles Savage Model 14/114 Rifles Savage Model 25 Bolt Action Rifles Savage Model 110GXP3 Package Guns Savage Model 112BV Heavy Barrel Varmint Rifle Savage Model 112FVS Varmint Rifle Savage Model 116FSK Kodiak Rifle Shilen Rifles Inc. DGA Bolt Action Rifles Smith & Wesson i-Bolt Rifle Steyr Scout Bolt Action Rifle Steyr SSG 69 PII Bolt Action Rifle Steyr SSG08 Bolt Action Rifle Steyr-Mannlicher Luxus Model L, M, S Steyr-Mannlicher Model M Professional Rifle Steyr-Mannlicher Sporter Models SL, L, M, S, S/T Thompson/Center ICON Bolt Action Rifles Thompson/Center Icon Classic Long Action Rifle Thompson/Center Icon Medium Action Rifle Thompson/Center Icon Precision Hunter Thompson/Center Icon Weather Shield Long Action Rifle Thompson/Center Icon Weather Shield Medium Action Rifle Thompson/Center Venture Tikka Bolt-Action Rifle Tikka Premium Grade Rifles Tikka T3 Bolt Action Rifles Tikka Varmint/Continental Rifle Tikka Whitetail/Battue Rifle Ultra Light Arms Model 20 Rifle Ultra Light Arms Model 24 Ultra Light Arms Model 28, Model 40 Rifles Voere Model 2155, 2150 Bolt-Action Rifles Voere Model 2165 Bolt-Action Rifle Voere VEC 91 Lightning Bolt-Action Rifle Weatherby Classicmark No. 1 Rifle Weatherby Lasermark V Rifle Weatherby Mark V Crown Custom Rifles Weatherby Mark V Deluxe Bolt-Action Rifle Weatherby Mark V Rifles Weatherby Mark V Safari Grade Custom Rifles Weatherby Mark V Sporter Rifle Weatherby Vanguard Bolt Action Rifles Weatherby Vanguard Classic No. 1 Rifle Weatherby Vanguard Classic Rifle Weatherby Vanguard VGX Deluxe Rifle Weatherby Vanguard Weatherguard Rifle Weatherby Weatherguard Alaskan Rifle Weatherby Weathermark Alaskan Rifle Weatherby Weathermark Rifle Weatherby Weathermark Rifles Wichita Classic Rifle Wichita Varmint Rifle Winchester Model 70 Bolt Action Rifles Winchester Model 70 Custom Sharpshooter Winchester Model 70 Custom Sporting Sharpshooter Rifle Winchester Model 70 DBM Rifle Winchester Model 70 DBM–S Rifle Winchester Model 70 Featherweight Winchester Model 70 Featherweight Classic Winchester Model 70 Featherweight WinTuff Winchester Model 70 Lightweight Rifle Winchester Model 70 SM Sporter Winchester Model 70 Sporter Winchester Model 70 Sporter WinTuff Winchester Model 70 Stainless Rifle Winchester Model 70 Super Express Magnum Winchester Model 70 Super Grade Winchester Model 70 Synthetic Heavy Varmint Rifle Winchester Model 70 Varmint Winchester Ranger Rifle Centerfire Rifles—Single Shot Armsport 1866 Sharps Rifle, Carbine Ballard Arms Inc. 1875 #3 Gallery Single Shot Rifle Ballard Arms Inc. 1875 #4 Perfection Rifle Ballard Arms Inc. 1875 #7 Long Range Rifle Ballard Arms Inc. 1875 #8 Union Hill rifle Ballard Arms Inc. 1875 1 1/2 Ballard Arms Inc. 1885 High Wall Sporting Rifle Ballard Arms Inc. 1885 Low Wall Single Shot Brown Model 97D Single Shot Rifle Brown Model One Single Shot Rifle Browning Model 1885 Single Shot Rifle C. Sharps Arms 1875 Target & Sporting Rifle C. Sharps Arms Custom New Model 1877 C. Sharps Arms New Model 1885 High Wall Rifle C. Sharps Arms 1874 Bridgeport Sporting Rifle C. Sharps Arms 1875 Classic Sharps C. Sharps Arms New Model 1874 Old Reliable C. Sharps Arms New Model 1875 Rifle C. Sharps Arms New Model 1875 Target & Long Range Cabela's 1874 Sharps Sporting Cimarron Billy Dixon 1874 Sharps Cimarron Model 1885 High Wall Cimarron Quigley Model 1874 Sharps Cimarron Silhouette Model 1874 Sharps Dakota Model 10 Single Shot Rifle Dakota Single Shot Rifle Desert Industries G–90 Single Shot Rifle Dixie Gun Works 1873 Trapdoor Rifle/Carbine Dixie Gun Works 1874 Sharps Rifles Dixie Gun Works Remington Rolling Block Rifles EMF Premier 1874 Sharps Harrington & Richardson Buffalo Classic Rifle (CR–1871) Harrington & Richardson CR 45–LC Harrington & Richardson Handi-Mag Rifle Harrington & Richardson Handi-Rifle Harrington & Richardson Handi-Rifle Compact Harrington & Richardson New England Hand-Rifle/Slug Gun Combos Harrington & Richardson Stainless Handi-Rifle Harrington & Richardson Stainless Ultra Hunter Thumbhole Stock Harrington & Richardson Superlight Handi-Rifle Compact Harrington & Richardson Survivor Rifle Harrington & Richardson Synthetic Handi-Rifle Harrington & Richardson Ultra Hunter Rifle Harrington & Richardson Ultra Varmint Fluted Harrington & Richardson Ultra Varmint Rifle Harrington & Richardson Ultra Varmint Thumbhole Stock Krieghoff Hubertus Single Shot Meacham High Wall Merkel K1 Lightweight Stalking Rifle Merkel K2 Custom Stalking Rifle Model 1885 High Wall Rifle Navy Arms #2 Creedmoor Rifle Navy Arms 1873 John Bodine Rolling Black Rifle Navy Arms 1873 Springfield Cavalry Carbine Navy Arms 1874 Sharps Rifles Navy Arms 1874 1885 High Wall Rifles Navy Arms Rolling Block Buffalo Rifle Navy Arms Sharps “Quigley” Rifle Navy Arms Sharps Cavalry Carbine Navy Arms Sharps Plains Rifle New England Firearms Handi-Rifle New England Firearms Sportster/Versa Pack Rifle New England Firearms Survivor Rifle Red Willow Armory Ballard No. 1.5 Hunting Rifle Red Willow Armory Ballard No. 4.5 Target Rifle Red Willow Armory Ballard No. 5 Pacific Red Willow Armory Ballard No. 8 Union Hill Rifle Red Willow Armory Ballard Rifles Remington Model Rolling Block Rifles Remington Model SPR18 Blued Remington Model SPR18 Nickel Remington Model SPR18 Single Shot Rifle Remington-Style Rolling Block Carbine Rossi Match Pairs Rifles Rossi Single Shot Rifles Rossi Wizard Ruger No. 1 RSI International Ruger No. 1 Stainless Sporter Ruger No. 1 Stainless Standard Ruger No. 1A Light Sporter Ruger No. 1B Single Shot Ruger No. 1H Tropical Rifle Ruger No. 1S Medium Sporter Ruger No. 1V Special Varminter Sharps 1874 Old Reliable Shiloh 1875 Rifles Shiloh Sharps 1874 Business Rifle Shiloh Sharps 1874 Long Range Express Shiloh Sharps 1874 Military Carbine Shiloh Sharps 1874 Military Rifle Shiloh Sharps 1874 Montana Roughrider Shiloh Sharps Creedmoor Target Thompson/Center Contender Carbine Thompson/Center Contender Carbine Survival System Thompson/Center Contender Carbine Youth Model Thompson/Center Encore Thompson/Center Stainless Contender Carbine Thompson/Center TCR ’87 Single Shot Rifle Thompson/Encore Rifles Traditions 1874 Sharps Deluxe Rifle Traditions 1874 Sharps Standard Rifle Traditions Rolling Block Sporting Rifle Uberti (Stoeger Industries) Sharps Rifles Uberti 1871 Rolling Block Rifle/Carbine Uberti 1874 Sharps Sporting Rifle Uberti 1885 High Wall Rifles Uberti Rolling Block Baby Carbine Uberti Springfield Trapdoor Carbine/Rifle Drillings, Combination Guns, Double Rifles A. Zoli Rifle-Shotgun O/U Combo Auguste Francotte Boxlock Double Rifle Auguste Francotte Sidelock Double Rifles Baikal IZH–94 Express Baikal MP94 (IZH–94) O/U Beretta Express SSO O/U Double Rifles Beretta Model 455 SxS Express Rifle Chapuis RGExpress Double Rifle CZ 584 SOLO Combination Gun CZ 589 Stopper O/U Gun Dakota Double Rifle Garbi Express Double Rifle Harrington & Richardson Survivor Harrington & Richardson Synthetic Handi-Rifle/Slug Gun Combo Heym Model 55B O/U Double Rifle Heym Model 55FW O/U Combo Gun Heym Model 88b Side-by-Side Double Rifle Hoenig Rotary Round Action Combination Rifle Hoenig Rotary Round Action Double Rifle Kodiak Mk. IV Double Rifle Kreighoff Teck O/U Combination Gun Kreighoff Trumpf Drilling Krieghoff Drillings Lebeau-Courally Express Rifle 5X5 Merkel Boxlock Double Rifles Merkel Drillings Merkel Model 160 Side-by-Side Double Rifles Merkel Over/Under Combination Guns Merkel Over/Under Double Rifles Remington Model SPR94 .410/Rimfire Remington Model SPR94 12 Gauge/Centerfire Rizzini Express 90L Double Rifle Savage 24F O/U Combination Gun Savage 24F–12T Turkey Gun Springfield Inc. M6 Scout Rifle/Shotgun Tikka Model 412s Combination Gun Tikka Model 412S Double Fire Rimfire Rifles—Autoloaders AMT Lightning 25/22 Rifle AMT Lightning Small-Game Hunting Rifle II AMT Magnum Hunter Auto Rifle Anschutz 525 Deluxe Auto Armscor Model 20P Auto Rifle Browning Auto .22 Rifles Browning Auto-22 Rifle Browning Auto-22 Grade VI Browning BAR .22 Auto Rifle Browning SA–22 Semi-Auto 22 Rifle Henry U.S. Survival .22 Henry U.S. Survival Rifle AR–7 Krico Model 260 Auto Rifle Lakefield Arms Model 64B Auto Rifle Marlin Model 60 Self Loading Rifles Marlin Model 60C Marlin Model 60SB Marlin Model 60S–CF Marlin Model 60SN Marlin Model 60ss Self-Loading Rifle Marlin Model 70 Auto-Loading Rifles Marlin Model 70 HC Auto Marlin Model 70P Papoose Marlin Model 70PSS Marlin Model 795 Marlin Model 795SS Marlin Model 922 Magnum Self-Loading Rifle Marlin Model 990l Self-Loading Rifle Marlin Model 995 Self-Loading Rifle Mossberg 702 Plinkster Norinco Model 22 ATD Rifle Remington 552BDL Speedmaster Rifle Remington Model 522 Viper Autoloading Rifle Remington Model 597 Blaze Camo Remington Model 597 Pink Camo Remington Model 597 Synthetic Scope Combo Ruger 10/22 Autoloading Carbine (w/o folding stock) Ruger 10/22 Compact Ruger 10/22 Sporter Ruger 10/22 Target Survival Arms AR–7 Explorer Rifle Texas Remington Revolving Carbine Thompson/Center R–55 All-Weather Thompson/Center R–55 Benchmark Thompson/Center R–55 Classic Thompson/Center R–55 Rifles Thompson/Center R–55 Sporter Voere Model 2115 Auto Rifle Rimfire Rifles—Lever & Slide Action Browning BL–22 Lever-Action Rifle Henry .22 Lever Action Rifles, All Models Henry Golden Boy .17 HMR Henry Golden Boy .22 Henry Golden Boy .22 Magnum Henry Golden Boy Deluxe Henry Lever .22 Magnum Henry Lever Action .22 Henry Lever Carbine .22 Henry Lever Octagon .22 Henry Lever Octagon .22 Magnum Henry Lever Youth Model .22 Henry Pump Action Octagon .22 Henry Pump Action Octagon .22 Magnum Henry Varmint Express .17 HMR Marlin 39TDS Carbine Marlin Model 39A Golden Lever Action Marlin Model 39AS Golden Lever-Action Rifle Mossberg Model 464 Rimfire Lever Action Rifle Norinco EM–321 Pump Rifle Remington 572BDL Fieldmaster Pump Rifle Rossi Model 62 SA Pump Rifle Rossi Model 62 SAC Carbine Rossi Model G2 Gallery Rifle Ruger Model 96 Lever-Action Rifle Taurus Model 62-Pump Taurus Model 72 Pump Rifle Winchester Model 9422 Lever-Action Rifle Winchester Model 9422 Magnum Lever-Action Rifle Rimfire Rifles—Bolt Actions & Single Shots Anschutz 1416D/1516D Classic Rifles Anschutz 1418D/1518D Mannlicher Rifles Anschutz 1700 FWT Bolt-Action Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700D Graphite Custom Rifle Anschutz 1702 D H B Classic Anschutz 1713 Silhouette Anschutz Achiever Anschutz Achiever Bolt-Action Rifle Anschutz All Other Bolt Action Rimfire Models Anschutz Kadett Anschutz Model 1502 D Classic Anschutz Model 1517 D Classic Anschutz Model 1517 MPR Multi Purpose Anschutz Model 1517 S–BR Anschutz Model 1710 D KL Anschutz Model 1717 Classic Anschutz Model 1717 Silhouette Sporter Anschutz Model G4 MPB Anschutz Model Woodchucker Armscor Model 14P Bolt-Action Rifle Armscor Model 1500 Rifle Beeman/HW 60–J–ST Bolt-Action Rifle BRNO ZKM 452 Deluxe BRNO ZKM–456 Lux Sporter BRNO ZKM–452 Deluxe Bolt-Action Rifle Browning A-Bolt 22 Bolt-Action Rifle Browning A-Bolt Gold Medallion Browning T-Bolt Rimfire Rifles Cabanas Espronceda IV Bolt-Action Rifle Cabanas Leyre Bolt-Action Rifle Cabanas Master Bolt-Action Rifle Cabanas Phaser Rifle Chipmunk Single Shot Rifle Cooper Arms Model 36S Sporter Rifle Cooper Model 57–M Bolt Action Rifle CZ 452 Bolt Action Rifles Dakota 22 Sporter Bolt-Action Rifle Davey Crickett Single Shot Rifle Harrington & Richardson Sportster Harrington & Richardson Sportster 17 Hornady Magnum Rimfire Harrington & Richardson Sportster Compact Henry Mini Henry Acu-Bolt .22 Henry Mini Bolt Youth .22 Kimber Bolt Action .22 Rifles Krico Model 300 Bolt-Action Rifles Lakefield Arms Mark I Bolt-Action Rifle Lakefield Arms Mark II Bolt-Action Rifle Magtech Model MT Bolt Action Rifle Magtech Model MT–22C Bolt-Action Rifle Marlin Model 15YN Little Buckaroo Marlin Model 25MN Bolt-Action Rifle Marlin Model 25N Bolt-Action Repeater Marlin Model 880 Bolt-Action Rifle Marlin Model 881 Bolt-Action Rifle Marlin Model 882 Bolt-Action Rifle Marlin Model 883 Bolt-Action Rifle Marlin Model 883SS Bolt-Action Rifle Marlin Model 915 YN Little Buckaroo Marlin Model 915Y (Compact) Marlin Model 915YS (Compact) Marlin Model 917 Marlin Model 917S Marlin Model 917V Marlin Model 917VR Marlin Model 917VS Marlin Model 917VS–CF Marlin Model 917VSF Marlin Model 917VST Marlin Model 917VT Marlin Model 925 Marlin Model 925C Marlin Model 925M Marlin Model 925R Marlin Model 925RM Marlin Model 980S Marlin Model 980S–CF Marlin Model 981T Marlin Model 982 Bolt Action Rifle Marlin Model 982VS Marlin Model 982VS–CF Marlin Model 983 Marlin Model 983S Marlin Model 983T Marlin Model XT–17 Series Bolt Action Rifles Marlin Model XT–22 Series Bolt Action Rifles Mauser Model 107 Bolt-Action Rifle Mauser Model 201 Bolt-Action Rifle Meacham Low-Wall Rifle Mossberg Model 801/802 Bolt Rifles Mossberg Model 817 Varmint Bolt Action Rifle Navy Arms TU–33/40 Carbine Navy Arms TU–KKW Sniper Trainer Navy Arms TU–KKW Training Rifle New England Firearms Sportster Single Shot Rifles Norinco JW–15 Bolt-Action Rifle Norinco JW–27 Bolt-Action Rifle Remington 40–XR Rimfire Custom Sporter Remington 541–T Remington 541–T HB Bolt-Action Rifle Remington 581–S Sportsman Rifle Remington Model Five Remington Model Five Youth Rossi Matched Pair Single Shot Rifle Ruger 77/17 Ruger 77/22 Ruger 77/22 Rimfire Bolt-Action Rifle Ruger K77/22 Varmint Rifle Savage CUB T Mini Youth Savage Mark I–G Bolt Action Savage Mark II Bolt Action Rifles Savage Model 30 G Stevens Favorite Savage Model 93 Rifles Thompson/Center Hotshot Youth Rifle Ultra Light Arms Model 20 RF Bolt-Action Rifle Winchester Model 52B Sporting Rifle Winchester Wildcat Bolt Action Rifle 22 Competition Rifles—Centerfire & Rimfire Anschutz 1803D Intermediate Match Anschutz 1808D RT Super Match 54 Target Anschutz 1827B Biathlon Rifle Anschutz 1827BT Fortner Biathlon Rifle Anschutz 1903 Rifles Anschutz 1903D Match Rifle Anschutz 1907 Match Rifle Anschutz 1910 Super Match II Anschutz 1911 Match Rifle Anschutz 1912 Rifles Anschutz 1913 Super Match Rifle Anschutz 54.18MS REP Deluxe Silhouette Rifle Anschutz 54.18MS Silhouette Rifle Anschutz 64 MP R Silhouette Rifle Anschutz 64–MS Left Silhouette Anschutz Super Match 54 Target Model 2007 Anschutz Super Match 54 Target Model 2013 Beeman/Feinwerkbau 2600 Target Rifle Cooper Arms Model TRP–1 ISU Standard Rifle E.A.A./HW 60 Target Rifle E.A.A./HW 660 Match Rifle E.A.A./Weihrauch HW 60 Target Rifle Ed Brown Model 704, M40A2 Marine Sniper Finnish Lion Standard Target Rifle Krico Model 360 S2 Biathlon Rifle Krico Model 360S Biathlon Rifle Krico Model 400 Match Rifle Krico Model 500 Kricotronic Match Rifle Krico Model 600 Match Rifle Krico Model 600 Sniper Rifle Lakefield Arms Model 90B Target Rifle Lakefield Arms Model 91T Target Rifle Lakefield Arms Model 92S Silhouette Rifle Marlin Model 2000 Target Rifle Mauser Model 86–SR Specialty Rifle McMillan 300 Phoenix Long Range Rifle McMillan Long Range Rifle McMillan M–86 Sniper Rifle McMillan M–89 Sniper Rifle McMillan National Match Rifle Parker-Hale M–85 Sniper Rifle Parker-Hale M–87 Target Rifle Remington 40–X Bolt Action Rifles Remington 40–XB Rangemaster Target Centerfire Remington 40–XBBR KS Remington 40–XC KS National Match Course Rifle Remington 40–XR KS Rimfire Position Rifle Sako TRG–21 Bolt-Action Rifle Sako TRG–22 Bolt Action Rifle Springfield Armory M–1 Garand Steyr-Mannlicher SSG Rifles Steyr-Mannlicher Match SPG–UIT Rifle Steyr-Mannlicher SSG P–I Rifle Steyr-Mannlicher SSG P–II Rifle Steyr-Mannlicher SSG P–III Rifle Steyr-Mannlicher SSG P–IV Rifle Tanner 300 Meter Free Rifle Tanner 50 Meter Free Rifle Tanner Standard UIT Rifle Time Precision 22RF Bench Rifle Wichita Silhouette Rifle Shotguns—Autoloaders American Arms American Arms/Franchi Black Magic 48/AL Benelli Bimillionaire Benelli Black Eagle Competition Auto Shotgun Benelli Cordoba Benelli Executive Series Benelli Legacy Model Benelli M1 Benelli M1 Defense Benelli M1 Tactical Benelli M1014 Limited Edition Benelli M2 Benelli M2 Field Steady Grip Benelli M2 Practical Benelli M2 Tactical Benelli M2 American Series Benelli M3 Convertible Benelli M4 Models Vinci Steady Grip Benelli Montefeltro Super 90 20-Gauge Shotgun Benelli Montefeltro Super 90 Shotgun Benelli Raffaello Series Shotguns Benelli Sport Model Benelli Super 90 M1 Field Model Benelli Super Black Eagle II Models Benelli Super Black Eagle II Steady Grip Benelli Super Black Eagle Models Benelli Super Black Eagle Shotgun Benelli Super Black Eagle Slug Gun Benelli Super Vinci Benelli Supersport Benelli Two-Gun Sets Benelli Ultralight Benelli Vinci Beretta 390 Field Auto Shotgun Beretta 390 Super Trap, Super Skeet Shotguns Beretta 3901 Citizen Beretta 3901 Rifled Slug Gun Beretta 3901 Statesman Beretta A–303 Auto Shotgun Beretta A400 Series Beretta AL–2 Models Beretta AL–3 Deluxe Trap Beretta AL390 Series Beretta AL391 Teknys Gold Beretta AL391 Teknys Gold Sporting Beretta AL391 Teknys Gold Target Beretta AL391 Urika 2 Camo AP Beretta AL391 Urika 2 Camo Max-4 Beretta AL391 Urika 2 Classic Beretta AL391 Urika 2 Gold Beretta AL391 Urika 2 Gold Sporting Beretta AL391 Urika 2 Parallel Target SL Beretta AL391 Urika 2 Sporting Beretta AL391 Urika 2 Synthetic Beretta EHDC584421DD1B43E1BD50FD24702C2E1600 Pintail Series Beretta Model 1200 Field Beretta Model 1201F Auto Shotgun Beretta Model 300 Beretta Model 301 Series Beretta Model 302 Series Beretta Model 60 Beretta Model 61 Beretta Model A304 Lark Beretta Model AL391 Series Beretta Model TX4 Storm Beretta Silver Lark Beretta UGB25 Xcel Beretta Vittoria Auto Shotgun Beretta Xtrema2 Breda Altair Breda Altair Special Breda Aries 2 Breda Astro Breda Astrolux Breda Echo Breda Ermes Series Breda Gold Series Breda Grizzly Breda Mira Breda Standard Series Breda Xanthos Brolin BL–12 Brolin SAS–12 Browning A–500G Auto Shotgun Browning A–500G Sporting Clays Browning A–500R Auto Shotgun Browning Auto-5 Light 12 and 20 Browning Auto-5 Magnum 12 Browning Auto-5 Magnum 20 Browning Auto-5 Stalker Browning B2000 Series Browning BSA 10 Auto Shotgun Browning BSA 10 Stalker Auto Shotgun Browning Gold Series Browning Maxus Series Charles Daly Field Grade Series Charles Daly Novamatic Series Charles Daly Tactical Churchill Regent Churchill Standard Model Churchill Turkey Automatic Shotgun Churchill Windsor Cosmi Automatic Shotgun CZ 712 CZ 720 CZ 912 Escort Escort Series European American Armory (EAA) Bundra Series Fabarms Ellegi Series Fabarms Lion Series Fabarms Tactical FNH USA Model SLP Franchi 610VS Franchi 612 Series Franchi 620 Franchi 712 Franchi 720 Franchi 912 Franchi AL 48 Franchi AL 48 Series Franchi Elite Franchi I–12 Inertia Series Franchi Prestige H&K Model 512 H&R Manufrance H&R Model 403 Hi-Standard 10A Hi-Standard 10B Hi-Standard Semi Automatic Model Hi-Standard Supermatic Series Ithaca Mag-10 Ithaca Model 51 Series LaSalle Semi-automatic Ljutic Bi-matic Autoloader Luger Ultra-light Model Marlin SI 12 Series Maverick Model 60 Auto Shotgun Model AL–1 Mossberg 1000 Mossberg Model 600 Auto Shotgun Mossberg Model 930 All-Purpose Field Mossberg Model 930 Slugster Mossberg Model 930 Turkey Mossberg Model 930 Waterfowl Mossberg Model 935 Magnum Combos Mossberg Model 935 Magnum Flyway Series Waterfowl Mossberg Model 935 Magnum Grand Slam Series Turkey Mossberg Model 935 Magnum Turkey Mossberg Model 935 Magnum Waterfowl New England Firearms Excell Auto Combo New England Firearms Excell Auto Synthetic New England Firearms Excell Auto Turkey New England Firearms Excell Auto Walnut New England Firearms Excell Auto Waterfowl Nighthawk Tactical Semi-auto Ottomanguns Sultan Series Remington 105Ti Series Remington 1100 20-Gauge Deer Gun Remington 1100 LT–20 Auto Remington 1100 LT–20 Tournament Skeet Remington 1100 Special Field Remington 11–48 Series Remington 11–96 Series Remington Model 105 Cti Remington Model 11 Series Remington Model 1100 Classic Trap Remington Model 1100 Competition Remington Model 1100 G3 Remington Model 1100 Series Remington Model 1100 Shotgun Remington Model 1100 Sporting Series Remington Model 11–87 Sportsman Camo Remington Model 11–87 Sportsman Super Mag Synthetic Remington Model 11–87 Sportsman Super Mag Waterfowl Remington Model 11–87 Sportsman Synthetic Remington Model 11–87 Sportsman Youth Remington Model 11–87 Sportsman Youth Synthetic Remington Model 48 Series Remington Model 58 Series Remington Model 870 Classic Trap Remington Model 878A Automaster Remington Model SP–10 Magnum Satin Remington Model SP–10 Waterfowl Remington Model SPR453 Remington Versa-Max Series Savage Model 720 Savage Model 726 Savage Model 740C Skeet Gun Savage Model 745 Savage Model 755 Series Savage Model 775 Series Scattergun Technologies K–9 Scattergun Technologies SWAT Scattergun Technologies Urban Sniper Model SKB 1300 Upland SKB 1900 SKB 300 Series SKB 900 Series SKS 3000 Smith & Wesson Model 1000 Smith & Wesson Model 1012 Series Spartan Gun Works SPR453 TOZ Model H–170 Tri-Star Diana Series Tri-Star Phantom Series Tri-Star Viper Series Tula Arms Plant TOZ 87 Verona 401 Series Verona 405 Series Verona 406 Series Verona SX801 Series Weatherby Centurion Series Weatherby Field Grade Weatherby Model 82 Weatherby SA–08 Series Weatherby SA–459 TR Weatherby SAS Series Winchester 1500 Winchester Model 50 Winchester Model 59 Winchester Super X1 Series Winchester Super X2 Series Winchester Super X3 Series Shotguns—Slide Actions ADCO Diamond Grade ADCO Diamond Series Shotguns ADCO Mariner Model ADCO Sales Inc. Gold Elite Series Armscor M–30 Series Armscor M–5 Baikal IZH–81 Baikal MP133 Benelli Nova Series Benelli Supernova Series Beretta Ariete Standard Beretta Gold Pigeon Pump Beretta Model SL–12 Beretta Ruby Pigeon Pump Beretta Silver Pigeon Pump Brolin Field Series Brolin Lawman Model Brolin Slug Special Brolin Slugmaster Brolin Turkey Master Browning BPS Game Gun Deer Special Browning BPS Game Gun Turkey Special Browning BPS Pigeon Grade Pump Shotgun Browning BPS Pump Shotgun Browning BPS Pump Shotgun (Ladies and Youth Model) Browning BPS Series Pump Shotgun Browning BPS Stalker Pump Shotgun Browning Model 12 Limited Edition Series Browning Model 42 Pump Shotgun Century IJ12 Slide Action Century Ultra 87 Slide Action Charles Daly Field Hunter Ducks Unlimited Dinner Guns EAA Model PM2 Escort Field Series Fort Worth Firearms GL18 H&R Pardner Pump Hi-Standard Flite-King Series Hi-Standard Model 200 Interstate Arms Model 981 Interstate Arms Model 982T Ithaca Deerslayer II Rifled Shotgun Ithaca Model 87 Deerslayer Shotgun Ithaca Model 87 Deluxe Pump Shotgun Ithaca Model 87 Series Shotguns Ithaca Model 87 Supreme Pump Shotgun Ithaca Model 87 Turkey Gun Magtech Model 586–VR Pump Shotgun Maverick Models 88, 91 Pump Shotguns Mossberg 200 Series Shotgun Mossberg 3000 Pump Shotgun Mossberg 535 ATS Series Pump Shotguns Mossberg Field Grade Model 835 Pump Shotgun Mossberg Model 500 All Purpose Field Mossberg Model 500 Bantam Mossberg Model 500 Bantam Combo Mossberg Model 500 Bantam Pump Mossberg Model 500 Camo Pump Mossberg Model 500 Combos Mossberg Model 500 Flyway Series Waterfowl Mossberg Model 500 Grand Slam Series Turkey Mossberg Model 500 Muzzleloader Mossberg Model 500 Muzzleloader Combo Mossberg Model 500 Series Pump Shotguns Mossberg Model 500 Slugster Mossberg Model 500 Sporting Pump Mossberg Model 500 Super Bantam All Purpose Field Mossberg Model 500 Super Bantam Combo Mossberg Model 500 Super Bantam Slug Mossberg Model 500 Super Bantam Turkey Mossberg Model 500 Trophy Slugster Mossberg Model 500 Turkey Mossberg Model 500 Waterfowl Mossberg Model 505 Series Pump Shotguns Mossberg Model 505 Youth All Purpose Field Mossberg Model 535 ATS All Purpose Field Mossberg Model 535 ATS Combos Mossberg Model 535 ATS Slugster Mossberg Model 535 ATS Turkey Mossberg Model 535 ATS Waterfowl Mossberg Model 835 Regal Ulti-Mag Pump Mossberg Model 835 Series Pump Shotguns Mossberg Model 835 Ulti-Mag Mossberg Turkey Model 500 Pump National Wild Turkey Federation (NWTF) Banquet/Guns of the Year New England Firearms Pardner Pump Combo New England Firearms Pardner Pump Field New England Firearms Pardner Pump Slug Gun New England Firearms Pardner Pump Synthetic New England Firearms Pardner Pump Turkey Gun New England Firearms Pardner Pump Walnut New England Firearms Pardner Pump-Compact Field New England Firearms Pardner Pump-Compact Synthetic New England Firearms Pardner Pump-Compact Walnut Norinco Model 98 Field Series Norinco Model 983 Norinco Model 984 Norinco Model 985 Norinco Model 987 Orvis Grand Vazir Series Quail Unlimited Limited Edition Pump Shotguns Remington 870 Express Remington 870 Express Rifle Sighted Deer Gun Remington 870 Express Series Pump Shotguns Remington 870 Express Turkey Remington 870 High Grade Series Remington 870 High Grades Remington 870 Marine Magnum Remington 870 Special Field Remington 870 Special Purpose Deer Gun Remington 870 Special Purpose Synthetic Camo Remington 870 SPS Special Purpose Magnum Remington 870 SPS–BG–Camo Deer/Turkey Shotgun Remington 870 SPS–Deer Shotgun Remington 870 SPS–T Camo Pump Shotgun Remington 870 TC Trap Remington 870 Wingmaster Remington 870 Wingmaster Series Remington 870 Wingmaster Small Gauges Remington Model 11–87 XCS Super Magnum Waterfowl Remington Model 870 Ducks Unlimited Series Dinner Pump Shotguns Remington Model 870 Express Remington Model 870 Express JR. Remington Model 870 Express Shurshot Synthetic Cantilever Remington Model 870 Express Super Magnum Remington Model 870 Express Synthetic Remington Model 870 Express Youth Gun Remington Model 870 Express Youth Synthetic Remington Model 870 SPS Shurshot Synthetic Cantilever Remington Model 870 SPS Shurshot Synthetic Turkey Remington Model 870 SPS Special Purpose Magnum Series Pump Shotguns Remington Model 870 SPS Super Mag Max Gobbler Remington Model 870 XCS Marine Magnum Remington Model 870 XCS Super Magnum Winchester 12 Commercial Riot Gun Winchester 97 Commercial Riot Gun Winchester Model 12 Pump Shotgun Winchester Model 120 Ranger Winchester Model 1200 Series Shotgun Winchester Model 1300 Ranger Pump Gun Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun Winchester Model 1300 Series Shotgun Winchester Model 1300 Slug Hunter Deer Gun Winchester Model 1300 Turkey Gun Winchester Model 1300 Walnut Pump Winchester Model 42 High Grade Shotgun Winchester Speed Pump Defender Winchester SXP Series Pump Shotgun Zoli Pump Action Shotgun Shotguns—Over/Unders ADCO Sales Diamond Series Shotguns American Arms/Franchi Falconet 2000 O/U American Arms Lince American Arms Silver I O/U American Arms Silver II Shotgun American Arms Silver Skeet O/U American Arms Silver Sporting O/U American Arms Silver Trap O/U American Arms WS/OU 12, TS/OU 12 Shotguns American Arms WT/OU 10 Shotgun American Arms/Franchi Sporting 2000 O/U Armsport 2700 O/U Goose Gun Armsport 2700 Series O/U Armsport 2900 Tri-Barrel Shotgun AYA Augusta AYA Coral A AYA Coral B AYA Excelsior AYA Model 37 Super AYA Model 77 AYA Model 79 Series Baby Bretton Over/Under Shotgun Baikal IZH27 Baikal MP310 Baikal MP333 Baikal MP94 Beretta 90 DE LUXE Beretta 682 Gold E Skeet Beretta 682 Gold E Trap Beretta 682 Gold E Trap Bottom Single Beretta 682 Series Beretta 682 Super Sporting O/U Beretta 685 Series Beretta 686 Series Beretta 686 White Onyx Beretta 686 White Onyx Sporting Beretta 687 EELL Classic Beretta 687 EELL Diamond Pigeon Beretta 687 EELL Diamond Pigeon Sporting Beretta 687 Series Beretta 687EL Sporting O/U Beretta Alpha Series Beretta America Standard Beretta AS Beretta ASE 90 Competition O/U Shotgun Beretta ASE 90 Gold Skeet Beretta ASE Gold Beretta ASE Series Beretta ASEL Beretta BL Sereis Beretta DT10 Series Beretta DT10 Trident EELL Beretta DT10 Trident L Sporting Beretta DT10 Trident Skeet Beretta DT10 Trident Sporting Beretta DT10 Trident Trap Combo Beretta Europa Beretta Field Shotguns Beretta Gamma Series Beretta Giubileo Beretta Grade Four Beretta Grade One Beretta Grade Three Beretta Grade Two Beretta Milano Beretta Model 686 Ultralight O/U Beretta Model SO5, SO6, SO9 Shotguns Beretta Onyx Hunter Sport O/U Shotgun Beretta Over/Under Field Shotguns Beretta Royal Pigeon Beretta S56 Series Beretta S58 Series Beretta Series 682 Competition Over/Unders Beretta Silver Pigeon II Beretta Silver Pigeon II Sporting Beretta Silver Pigeon III Beretta Silver Pigeon III Sporting Beretta Silver Pigeon IV Beretta Silver Pigeon S Beretta Silver Pigeon V Beretta Silver Snipe Beretta Skeet Set Beretta SO–1 Beretta SO–2 Beretta SO–3 Beretta SO–4 Beretta SO5 Beretta SO6 EELL Beretta SO–10 Beretta SO10 EELL Beretta Sporting Clay Shotguns Beretta SV10 Perennia Beretta Ultralight Beretta Ultralight Deluxe Bertuzzi Zeus Bertuzzi Zeus Series Beschi Boxlock Model Big Bear Arms IJ–39 Big Bear Arms Sterling Series Big Bear IJ–27 Blaser F3 Series Bosis Challenger Titanium Bosis Laura Bosis Michaelangelo Bosis Wild Series Boss Custom Over/Under Shotguns Boss Merlin Boss Pendragon Breda Pegaso Series Breda Sirio Standard Breda Vega Series Bretton Baby Standard Bretton Sprint Deluxe BRNO 500/501 BRNO 502 BRNO 801 Series BRNO 802 Series BRNO BS–571 BRNO BS–572 BRNO ZH–300 BRNO ZH–301 BRNO ZH–302 BRNO ZH–303 Browning 325 Sporting Clays Browning 625 Series Browning 725 Series Browning B–25 Series Browning B–26 Series Browning B–27 Series Browning B–125 Custom Shop Series Browning Citori 525 Series Browning Citori GTI Sporting Clays Browning Citori Lightning Series Browning Citori O/U Shotgun Browning Citori O/U Skeet Models Browning Citori O/U Trap Models Browning Citori Plus Trap Combo Browning Citori Plus Trap Gun Browning Cynergy Series Browning Diana Grade Browning Lightning Sporting Clays Browning Micro Citori Lightning Browning Midas Grade Browning Special Sporting Clays Browning Sporter Model Browning ST–100 Browning Superlight Citori Over/Under Browning Superlight Citori Series Browning Superlight Feather Browning Superposed Pigeon Grade Browning Superposed Standard BSA Falcon BSA O/U BSA Silver Eagle Cabela’s Volo Caprinus Sweden Model Centurion Over/Under Shotgun Century Arms Arthemis Chapuis Over/Under Shotgun Charles Daly Country Squire Model Charles Daly Deluxe Model Charles Daly Diamond Series Charles Daly Empire Series Charles Daly Field Grade O/U Charles Daly Lux Over/Under Charles Daly Maxi-Mag Charles Daly Model 105 Charles Daly Model 106 Charles Daly Model 206 Charles Daly Over/Under Shotguns, Japanese Manufactured Charles Daly Over/Under Shotguns, Prussian Manufactured Charles Daly Presentation Model Charles Daly Sporting Clays Model Charles Daly Superior Model Charles Daly UL Churchill Imperial Model Churchill Monarch Churchill Premiere Model Churchill Regent Trap and Skeet Churchill Regent V Churchill Sporting Clays Churchill Windsor III Churchill Windsor IV Classic Doubles Model 101 Series Cogswell & Harrison Woodward Type Connecticut Shotgun Company A. Galazan Model Connecticut Shotgun Company A–10 American Connecticut Valley Classics Classic Field Waterfowler Connecticut Valley Classics Classic Sporter O/U Continental Arms Centaure Series Cortona Over/Under Shotguns CZ 581 Solo CZ Canvasback 103D CZ Limited Edition CZ Mallard 104A CZ Redhead Deluxe 103FE CZ Sporting CZ Super Scroll Limited Edition CZ Upland Ultralight CZ Wingshooter Dakin Arms Model 170 Darne SB1 Darne SB2 Darne SB3 Depar ATAK Doumoulin Superposed Express Ducks Unlimited Dinner Guns/Guns of the Year, Over/Under Models Dumoulin Boss Royal Superposed E.A.A. Falcon E.A.A. Scirocco Series E.A.A./Sabatti Falcon-Mon Over/Under E.A.A./Sabatti Sporting Clays Pro-Gold O/U ERA Over/Under Famars di Abbiatico & Salvinelli Aries Famars di Abbiatico & Salvinelli Castrone Famars di Abbiatico & Salvinelli Dove Gun Famars di Abbiatico & Salvinelli Excaliber Series Famars di Abbiatico & Salvinelli Jorema Famars di Abbiatico & Salvinelli Leonardo Famars di Abbiatico & Salvinelli Pegasus Famars di Abbiatico & Salvinelli Posiden Famars di Abbiatico & Salvinelli Quail Gun Famars di Abbiatico & Salvinelli Royal Famars di Abbiatico & Salvinelli Royale Fausti Boutique Series Fausti Caledon Series Fausti Class Series Ferlib Boss Model Finnclassic 512 Series Franchi 2004 Trap Franchi 2005 Combination Trap Franchi Alcione Series Franchi Aristocrat Series Franchi Black Majic Franchi Falconet Series Franchi Instict Series Franchi Model 2003 Trap Franchi Renaissance Series Franchi Sporting 2000 Franchi Undergun Model 3000 Franchi Veloce Series Galef Golden Snipe Galef Silver Snipe Golden Eagle Model 5000 Series Griffon & Howe Black Ram Griffon & Howe Broadway Griffon & Howe Claremont Griffon & Howe Madison Griffon & Howe Silver Ram Griffon & Howe Superbrite Guerini Apex Series Guerini Challenger Sporting Guerini Ellipse Evo Guerini Ellipse Evolution Sporting Guerini Ellipse Limited Guerini Essex Field Guerini Flyaway Guerini Forum Series Guerini Magnus Series Guerini Maxum Series Guerini Summit Series Guerini Tempio Guerini Woodlander H&R Harrich #1 H&R Model 1212 H&R Model 1212WF H&R Pinnacle Hatfields Hatfield Model 1 of 100 Heym Model 55 F Heym Model 55 SS Heym Model 200 Holland & Holland Royal Series Holland & Holland Sporting Model IGA 2000 Series IGA Hunter Series IGA Trap Series IGA Turkey Series IGA Waterfowl Series K.F.C. E–2 Trap/Skeet K.F.C. Field Gun Kassnar Grade I O/U Shotgun KDF Condor Khan Arthemis Field/Deluxe Kimber Augusta Series Kimber Marias Series Krieghoff K–80 Four-Barrel Skeet Set Krieghoff K–80 International Skeet Krieghoff K–80 O/U Trap Shotgun Krieghoff K–80 Skeet Shotgun Krieghoff K–80 Sporting Clays O/U Krieghoff K–80/RT Shotguns Krieghoff Model 20 Sporting/Field Krieghoff Model 32 Series Lames Field Model Lames Skeet Model Lames Standard Model Lames California Model Laurona Model 67 Laurona Model 82 Series Laurona Model 83 Series Laurona Model 84 Series Laurona Model 85 Series Laurona Model 300 Series Laurona Silhouette 300 Sporting Clays Laurona Silhouette 300 Trap Laurona Super Model Over/Unders Lebeau Baron Series Lebeau Boss Verres Lebeau Boxlock with sideplates Lebeau Sidelock Lebeau Versailles Lippard Custom Over/Under Shotguns Ljutic LM–6 Deluxe O/U Shotgun Longthorne Hesketh Game Gun Longthorne Sporter Marlin Model 90 Marocchi Avanza O/U Shotgun Marocchi Conquista Over/Under Shotgun Marocchi Conquista Series Marocchi Model 100 Marocchi Model 99 Maverick HS–12 Tactical Maverick Hunter Field Model McMillan Over/Under Sidelock Merkel 201 Series Merkel 2016 Series Merkel 2116 EL Sidelock Merkel 303EL Luxus Merkel Model 100 Merkel Model 101 Merkel Model 101E Merkel Model 200E O/U Shotgun Merkel Model 200E Skeet, Trap Over/Unders Merkel Model 200SC Sporting Clays Merkel Model 203E, 303E Over/Under Shotguns Merkel Model 204E Merkel Model 210 Merkel Model 301 Merkel Model 302 Merkel Model 304E Merkel Model 310E Merkel Model 400 Merkel Model 400E Merkel Model 2000 Series Mossberg Onyx Reserve Field Mossberg Onyx Reserve Sporting Mossberg Silver Reserve Field Mossberg Silver Reserve Series Mossberg Silver Reserve Sporting Norinco Type HL12–203 Omega Standard Over/Under Model Orvis Field Orvis Knockabout Orvis Premier Grade Orvis SKB Green Mountain Uplander Orvis Sporting Clays Orvis Super Field Orvis Uplander Orvis Waterfowler Pederson Model 1000 Series Pederson Model 1500 Series Perazzi Boxlock Action Hunting Perazzi Competition Series Perazzi Electrocibles Perazzi Granditalia Perazzi Mirage Special Four-Gauge Skeet Perazzi Mirage Special Skeet Over/Under Perazzi Mirage Special Sporting O/U Perazzi MS80 Perazzi MT–6 Perazzi MX1/MX2 Perazzi MX3 Perazzi MX4 Perazzi MX5 Perazzi MX6 Perazzi MX7 Over/Under Shotguns Perazzi MX8/20 Over/Under Shotgun Perazzi MX8/MX8 Special Trap, Skeet Perazzi MX9 Single Over/Under Shotguns Perazzi MX10 Perazzi MX11 Perazzi MX12 Hunting Over/Under Perazzi MX14 Perazzi MX16 Perazzi MX20 Hunting Over/Under Perazzi MX28, MX410 Game O/U Shotguns Perazzi MX2000 Perazzi MX2005 Perazzi MX2008 Perazzi Sidelock Action Hunting Perazzi Sporting Classic O/U Perugini Maestro Series Perugini Michelangelo Perugini Nova Boss Pietro Zanoletti Model 2000 Field O/U Piotti Boss Over/Under Shotgun Pointer Italian Model Pointer Turkish Model Remington 396 Series Remington 3200 Series Remington Model 32 Series Remington Model 300 Ideal Remington Model 332 Series Remington Model SPR310 Remington Model SPR310N Remington Model SPR310S Remington Peerless Over/Under Shotgun Remington Premier Field Remington Premier Ruffed Grouse Remington Premier Series Remington Premier STS Competition Remington Premier Upland Richland Arms Model 41 Richland Arms Model 747 Richland Arms Model 757 Richland Arms Model 787 Richland Arms Model 808 Richland Arms Model 810 Richland Arms Model 828 Rigby 401 Sidelock Rota Model 650 Rota Model 72 Series Royal American Model 100 Ruger Red Label O/U Shotgun Ruger Sporting Clays O/U Shotgun Ruger Woodside Shotgun Rutten Model RM 100 Rutten Model RM285 S.I.A.C.E. Evolution S.I.A.C.E. Model 66C S.I.A.C.E. 600T Lusso EL San Marco 10-Ga. O/U Shotgun San Marco 12-Ga. Wildflower Shotgun San Marco Field Special O/U Shotgun Sauer Model 66 Series Savage Model 242 Savage Model 420/430 Sig Sauer Aurora Series Sig Sauer SA–3 Sig Sauer SA–5 Silma Model 70 Series SKB Model 85 Series SKB Model 500 Series SKB Model 505 Deluxe Over/Under Shotgun SKB Model 505 Series SKB Model 600 Series SKB Model 605 Series SKB Model 680 Series SKB Model 685 Over/Under Shotgun SKB Model 685 Series SKB Model 700 Series SKB Model 785 Series SKB Model 800 Series SKB Model 880 Series SKB Model 885 Over/Under Trap, Skeet, Sporting Clays SKB Model 885 Series SKB Model 5600 Series SKB Model 5700 Series SKB Model 5800 Series SKB Model GC–7 Series Spartan SPR310/320 Stevens Model 240 Stevens Model 512 Stoeger/IGA Condor I O/U Shotgun Stoeger/IGA ERA 2000 Over/Under Shotgun Techni-Mec Model 610 Over/Under Tikka Model 412S Field Grade Over/Under Traditions 350 Series Traditions Classic Field Series Traditions Classic Upland Series Traditions Gold Wing Series Traditions Real 16 Series Tri Star Model 330 Series Tri-Star Hunter EX Tri-Star Model 300 Tri-Star Model 333 Series Tri-Star Setter Model Tri-Star Silver Series Tri-Star Sporting Model TULA 120 TULA 200 TULA TOZ34 Universal 7112 Universal 7312 Universal 7412 Universal 7712 Universal 7812 Universal 7912 Verona 501 Series Verona 680 Series Verona 702 Series Verona LX692 Series Verona LX980 Series Weatherby Athena Grade IV O/U Shotguns Weatherby Athena Grade V Classic Field O/U Weatherby Athena Series Weatherby Classic Field Models Weatherby II, III Classic Field O/Us Weatherby Orion II Classic Sporting Clays O/U Weatherby Orion II Series Weatherby Orion II Sporting Clays O/U Weatherby Orion III Series Weatherby Orion O/U Shotguns Winchester Model 91 Winchester Model 96 Winchester Model 99 Winchester Model 101 All Models and Grades Winchester Model 1001 O/U Shotgun Winchester Model 1001 Series Winchester Model 1001 Sporting Clays O/U Winchester Model G5500 Winchester Model G6500 Winchester Select Series Zoli Condor Zoli Deluxe Model Zoli Dove Zoli Field Special Zoli Pigeon Model Zoli Silver Snipe Zoli Snipe Zoli Special Model Zoli Target Series Zoli Texas Zoli Z Series Zoli Z–90 Series Zoli Z-Sport Series Shotguns—Side by Sides Armas Azor Sidelock Model ADCO Sales Diamond Series Shotguns American Arms Brittany Shotgun American Arms Derby Side-by-Side American Arms Gentry Double Shotgun American Arms Grulla #2 Double Shotgun American Arms TS/SS 10 Double Shotgun American Arms TS/SS 12 Side-by-Side American Arms WS/SS 10 Arizaga Model 31 Double Shotgun Armes de Chasse Sidelock and Boxlock Shotguns Armsport 1050 Series Double Shotguns Arrieta Sidelock Double Shotguns Auguste Francotte Boxlock Shotgun Auguste Francotte Sidelock Shotgun AYA Boxlock Shotguns AYA Sidelock Double Shotguns Baikal IZH–43 Series Shotguns Baikal MP210 Series Shotguns Baikal MP213 Series Shotguns Baikal MP220 Series Shotguns Baker Gun Sidelock Models Baltimore Arms Co. Style 1 Baltimore Arms Co. Style 2 Bayard Boxlock and Sidelock Model Shotguns Beretta 450 Series Shotguns Beretta 451 Series Shotguns Beretta 452 Series Shotguns Beretta 470 Series Shotguns Beretta Custom Grade Shotguns Beretta Francia Standard Beretta Imperiale Montecarlo Beretta Model 452 Sidelock Shotgun Beretta Omega Standard Beretta Side-by-Side Field Shotguns Beretta Verona/Bergamo Bertuzzi Ariete Hammer Gun Bertuzzi Model Orione Bertuzzi Venere Series Shotguns Beschi Sidelock and Boxlock Models Bill Hanus Birdgun Doubles Bosis Country SxS Bosis Hammer Gun Bosis Queen Sidelock Boss Robertson SxS Boss SxS Boswell Boxlock Model Boswell Feartherweight Monarch Grade Boswell Merlin Sidelock Boswell Sidelock Model Breda Andromeda Special BRNO ZP Series Shotguns Brown SxS Shotgun Browning B–SS Browning B–SS Belgian/Japanese Prototype Browning B–SS Sidelock Browning B–SS Sporter Bruchet Model A Bruchet Model B BSA Classic BSA Royal Cabela’s ATA Grade II Custom Cabela’s Hemingway Model Casartelli Sidelock Model Century Coach SxS Chapuis RGP Series Shotguns Chapuis RP Series Shotguns Chapuis Side-by-Side Shotgun Chapuis UGP Round Design SxS Charles Daly 1974 Wildlife Commemorative Charles Daly Classic Coach Gun Charles Daly Diamond SxS Charles Daly Empire SxS Charles Daly Model 306 Charles Daly Model 500 Charles Daly Model Dss Double Charles Daly Superior SxS Churchill Continental Series Shotguns Churchill Crown Model Churchill Field Model Churchill Hercules Model Churchill Imperial Model Churchill Premiere Series Shotguns Churchill Regal Model Churchill Royal Model Churchill Windsor Series Shotguns Cimarron Coach Guns Classic Doubles Model 201 Classic Clot 1878 Hammer Shotgun Cogswell & Harrison Sidelock and Boxlock Shotguns Colt 1883 Hammerless Colt SxS Shotgun Connecticut Shotgun Co. Model 21 Connecticut Shotgun Co. RBL Series Continental Arms Centaure Crescent SxS Model Crucelegui Hermanos Model 150 Double CZ Amarillo CZ Bobwhite CZ Competition CZ Deluxe CZ Durango CZ Grouse CZ Hammer Models CZ Partridge CZ Ringneck CZ Ringneck Target Dakin Model 100 Dakin Model 147 Dakin Model 160 Dakin Model 215 Dakota American Legend Dakota Classic Grade Dakota Classic Grade II Dakota Classic Grade III Dakota Premier Grade Dan Arms Deluxe Field Model Dan Arms Field Model Darne Sliding Breech Series Shotguns Davidson Arms Model 63B Davidson Arms Model 69SL Davidson Arms Model 73 Stagecoach Dumoulin Continental Model Dumoulin Etendard Model Dumoulin Europa Model Dumoulin Liege Model E.A.A. SABA E.A.A./Sabatti Saba-Mon Double Shotgun E.M.F. Model 1878 SxS E.M.F. Stagecoach SxS Model ERA Quail SxS ERA Riot SxS ERA SxS Famars Boxlock Models Famars Castore Famars Sidelock Models Fausti Caledon Fausti Class Fausti Class Round Body Fausti DEA Series Shotguns Ferlib Mignon Hammer Model Ferlib Model F VII Double Shotgun FN Anson SxS Standard Grade FN New Anson SxS Standard Grade FN Sidelock Standard Grade Fox Higher Grade Models (A–F) Fox Sterlingworth Series Franchi Airone Franchi Astore Series Franchi Destino Franchi Highlander Franchi Sidelock Double Barrel Francotte Boxlock Shotgun Francotte Jubilee Model Francotte Sidelock Shotgun Galef Silver Hawk SxS Galef Zabala SxS Garbi Model 100 Garbi Model 101 Side-by-Side Garbi Model 103A, B Side-by-Side Garbi Model 200 Side-by-Side Gastinne Model 105 Gastinne Model 202 Gastinne Model 353 Gastinne Model 98 Gib 10 Gauge Magnum Gil Alhambra Gil Diamond Gil Laga Gil Olimpia Greener Sidelock SxS Shotguns Griffin & Howe Britte Griffin & Howe Continental Sidelock Griffin & Howe Round Body Game Gun Griffin & Howe Traditional Game Gun Grulla 217 Series Grulla 219 Series Grulla Consort Grulla Model 209 Holland Grulla Model 215 Grulla Model 216 Series Grulla Number 1 Grulla Royal Grulla Super MH Grulla Supreme Grulla Windsor H&R Anson & Deeley SxS H&R Model 404 H&R Small Bore SxS Hammer Gun Hatfield Uplander Shotgun Henry Atkin Boxlock Model Henry Atkin Sidelock Model Holland & Holland Cavalier Boxlock Holland & Holland Dominion Game Gun Holland & Holland Northwood Boxlock Holland & Holland Round Action Sidelock Holland & Holland Round Action Sidelock Paradox Holland & Holland Royal Hammerless Ejector Sidelock Holland & Holland Sidelock Shotguns Holloway Premier Sidelock SxS Model Hopkins & Allen Boxlock and Sidelock Models Huglu SxS Shotguns Husqvarna SxS Shotguns IGA Deluxe Model IGA Turkey Series Model Interstate Arms Model 99 Coach Gun Ithaca Classic Doubles Series Shotguns Ithaca Hammerless Series Iver Johnson Hammerless Model Shotguns Jeffery Boxlock Shotguns Jeffery Sidelock Shotguns K.B.I. Grade II SxS Khan Coach Gun Kimber Valier Series Krieghoff Essencia Boxlock Krieghoff Essencia Sidelock Lanber Imperial Sidelock Laurona Boxlock Models Laurona Sidelock Models Lefever Grade A Field Model Lefever Grade A Skeet Model Lefever New Lefever Model Lefever Nitro Special Lefever Sideplate Models Leforgeron Boxlock Ejector Leforgeron Sidelock Ejector Liberty Coach Gun Series MacNaughton Sidelock Model Malin Boxlock Model Malin Sidelock Model Masquelier Boxlock Model Masquelier Sidelock Model Medwell SxS Sidelock Merkel Model 8, 47E Side-by-Side Shotguns Merkel Model 47LSC Sporting Clays Double Merkel Model 47S, 147S Side-by-Sides Merkel Model 76E Merkel Model 122E Merkel Model 126E Merkel Model 280 Series Merkel Model 360 Series Merkel Model 447SL Merkel Model 1620 Series Merkel Model 1622 Series Mossberg Onyx Reserve Sporting Mossberg Silver Reserve Field Navy Arms Model 100 Navy Arms Model 150 Orvis Custom Uplander Orvis Field Grade Orvis Fine Grade Orvis Rounded Action Orvis Waterfowler Parker Fluid Steel Barrel Models (All Grades) Parker Reproductions Side-by-Side Pederson Model 200 Pederson Model 2500 Perazzi DHO Models Perugini Ausonia Perugini Classic Model Perugini Liberty Perugini Regina Model Perugini Romagna Gun Piotti Hammer Gun Piotti King Extra Side-by-Side Piotti King No. 1 Side-by-Side Piotti Lunik Side-by-Side Piotti Monaco Series Piotti Monte Carlo Piotti Piuma Side-by-Side Piotti Westlake Precision Sports Model 600 Series Doubles Premier Italian made SxS Shotguns Premier Spanish made SxS Shotguns Purdy Best Quality Game Gun Remington Model 1900 Hammerless Remington Model SPR210 Remington Model SPR220 Remington Model SPR220 Cowboy Remington Premier SxS Richland Arms Co. Italian made SxS Models Richland Arms Co. Spanish made SxS Models Rigby Boxlock Shotgun Rigby Hammer Shotgun Rizzini Boxlock Side-by-Side Rizzini Sidelock Side-by-Side Rossi Overlund Rossi Squire Rota Model 105 Rota Model 106 Rota Model 411 Series Royal American Model 600 Boxlock Royal American Model 800 Sidelock Ruger Gold Label SAE Model 209E SAE Model 210S SAE Model 340X Sarasqueta Hammerless Sidelock Sarasqueta Model 3 Boxlock Sauer Boxlock Model Shotguns Sauer Sidelock Model Shotguns Savage Fox Model FA–1 Savage Model 550 Scott Blenheim Scott Bowood Scott Chatsworth Scott Kinmount SIACE Italian made SxS Shotguns SKB Model 100 SKB Model 150 SKB Model 200 SKB Model 280 SKB Model 300 SKB Model 385 SKB Model 400 SKB Model 480 SKB Model 485 Smith & Wesson Elite Gold Series Grade I Smith & Wesson Elite Silver Grade I Smith, L.C. Boxlock Hammerless Shotguns Smith, L.C. Sidelock Hammerless Shotguns Spartan SPR Series Shotguns Stevens Model 311/315 Series Stoeger/IGA Uplander Side-by-Side Shotgun Taylor’s SxS Model Tri-Star Model 311 Tri-Star Model 411 Series Ugartechea 10-Ga. Magnum Shotgun Universal Double Wing SxS Vouzelaud Model 315 Series Walther Model WSF Walther Model WSFD Weatherby Atheana Weatherby D’Italia Series Weatherby Orion Westley Richards Best Quality Sidelock Westley Richards Boxlock Shotguns Westley Richards Connaught Model Westley Richards Hand Detachable Lock Model William Douglas Boxlock Winchester Model 21 Winchester Model 24 Zoli Alley Cleaner Zoli Classic Zoli Falcon II Zoli Model Quail Special Zoli Pheasant Zoli Silver Hawk Zoli Silver Snipe Shotguns—Bolt Actions & Single Shots ADCC Diamond Folding Model American Arms Single-Shot ARMSCOR 301A Armsport Single Barrel Shotgun Baikal MP18 Beretta 471 EL Silver Hawk Beretta 471 Silver Hawk Beretta Beta Single Barrel Beretta MKII Trap Beretta Model 412 Beretta Model FS Beretta TR–1 Beretta TR–1 Trap Beretta Vandalia Special Trap Browning BT–99 Competition Trap Special Browning BT–99 Plus Micro Browning BT–99 Plus Trap Gun Browning Micro Recoilless Trap Shotgun Browning Recoilless Trap Shotgun Crescent Single Shot Models CZ Cottontail Desert Industries Big Twenty Shotgun Fefever Long Range Field Frigon FS–4 Frigon FT–1 Frigon FT–C Gibbs Midland Stalker Greener General Purpose GP MKI/MKII H&R Survivor H&R Tracker Slug Model Harrington & Richardson N.W.T.F. Turkey Mag Harrington & Richardson Pardner Harrington & Richardson Pardner Compact Harrington & Richardson Pardner Compact Turkey Gun Harrington & Richardson Pardner Screw-In Choke Harrington & Richardson Pardner Turkey Gun Harrington & Richardson Pardner Turkey Gun Camo Harrington & Richardson Pardner Waterfowl Harrington & Richardson Tamer Harrington & Richardson Tamer 20 Harrington & Richardson Topper Classic Youth Shotgun Harrington & Richardson Topper Deluxe Classic Harrington & Richardson Topper Deluxe Model 098 Harrington & Richardson Topper Junior Harrington & Richardson Topper Model 098 Harrington & Richardson Topper Trap Gun Harrington & Richardson Tracker II Slug Gun Harrington & Richardson Ultra Slug Hunter Harrington & Richardson Ultra Slug Hunter Compact Harrington & Richardson Ultra Slug Hunter Deluxe Harrington & Richardson Ultra Slug Hunter Thumbhole Stock Harrington & Richardson Ultra-Lite Slug Hunter Hi-Standard 514 Model Holland & Holland Single Barrel Trap IGA Reuna Model IGA Single Barrel Classic Ithaca Model 66 Ithaca Single Barrel Trap Iver Johnson Champion Series Iver Johnson Commemorative Series Single Shot Shotgun Iver Johnson Excel Krieghoff K–80 Single Barrel Trap Gun Krieghoff KS–5 Special Krieghoff KS–5 Trap Gun Lefever Trap Gun Ljutic LTX Super Deluxe Mono Gun Ljutic Mono Gun Single Barrel Ljutic Recoilless Space Gun Shotgun Marlin Model 55 Goose Gun Bolt Action Marlin Model 60 Single Shot Marocchi Model 2000 Mossberg Models G–4, 70, 73, 73B Mossberg Models 75 Series Mossberg Models 80, 83, 83B, 83D Mossberg 173 Series Mossberg Model 183 Series Mossberg Model 185 Series Mossberg Model 190 Series Mossberg Model 195 Series Mossberg Model 385 Series Mossberg Model 390 Series Mossberg Model 395 Series Mossberg Model 595 Series Mossberg Model 695 Series New England Firearms N.W.T.F. Shotgun New England Firearms Standard Pardner New England Firearms Survival Gun New England Firearms Tracker Slug Gun New England Firearms Turkey and Goose Gun Parker Single Barrel Trap Models Perazzi TM1 Special Single Trap Remington 90–T Super Single Shotgun Remington Model No. 9 Remington Model 310 Skeet Remington Model No. 3 Rossi Circuit Judge Lever Action Shotgun Rossi Circuit Judge Shotgun Ruger Single Barrel Trap S.W.D. Terminator Savage Kimel Kamper Single Shot Savage Model 210F Slug Warrior Savage Model 212 Slug Gun Savage Model 220 Series Savage Model 220 Slug Gun SEITZ Single Barrel Trap SKB Century II Trap SKB Century Trap SKB Model 505 Trap SKB Model 605 Trap Smith, L.C. Single Barrel Trap Models Snake Charmer II Shotgun Stoeger/IGA Reuna Single Barrel Shotgun Tangfolio Model RSG–16 Tangfolio Blockcard Model Tangfolio Model DSG Tangfolio Model RSG–12 Series Tangfolio Model RSG–20 Tangfolio RSG-Tactical Taurus Circuit Judge Shotgun Thompson/Center Encore Shotgun Thompson/Center Pro Hunter Turkey Shotgun Thompson/Center TCR ’87 Hunter Shotgun Universal Firearms Model 7212 Single Barrel Trap Winchester Model 36 Single Shot Winchester Model 37 Single Shot Winchester Model 41 Bolt Action Winchester Model 9410 Series Zoli Apache Model Zoli Diano Series Zoli Loner Series . 513. Penalties Section 924(a)(1)(B) of title 18, United States Code, is amended by striking or (q) of section 922 (q), (r), (v), (w), or (aa) of section 922 514. Background checks for transfers of grandfathered semiautomatic assault weapons Section 922 of title 18, United States Code, as amended by section 512 of this Act, is amended by adding at the end the following: (bb) (1) Beginning on the date that is 90 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 (2) Paragraph (1) shall not apply to a temporary transfer of possession for the purpose of participating in target shooting in a licensed target facility or established range if— (A) the grandfathered semiautomatic assault weapon is, at all times, kept within the premises of the target facility or range; and (B) the transferee is not known to be prohibited from possessing or receiving a grandfathered semiautomatic assault weapon. (3) For purposes of this subsection, the term transfer (A) shall include a sale, gift, or loan; and (B) does not include temporary custody of the grandfathered semiautomatic assault weapon for purposes of examination or evaluation by a prospective transferee. (4) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. (B) Regulations promulgated under this paragraph— (i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and (ii) shall not include any provision imposing recordkeeping requirements on any unlicensed transferor or requiring licensees to facilitate transfers in accordance with paragraph (1). . 515. Use of Byrne grants for buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152(a)(1) (J) Compensation for surrendered semiautomatic assault weapons and large capacity ammunition feeding devices, as those terms are defined in section 921 of title 18, United States Code, under buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices. . 516. Ban on untraceable and undetectable firearms (a) Requirement that all firearms be traceable (1) Definitions Section 921(a) of title 18, United States Code, as amended by section 511 of this Act, is amended— (A) in paragraph (3)— (i) by inserting , including an unfinished frame or receiver such weapon (ii) by striking or (D) any destructive device ; (D) any destructive device; or (E) any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled (B) in paragraph (10), by adding at the end the following: The term manufacturing firearms (C) by adding at the end the following: (54) The term frame or receiver (A) means the part of a weapon that can provide the action or housing for the hammer, bolt, or breechblock and firing mechanism; (B) includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional firearm, and which is designed and intended to be used in the assembly of a functional firearm, unless the piece of material has had— (i) its size or external shape altered solely to facilitate transportation or storage; or (ii) solely its chemical composition altered. (55) The term ghost gun (A) means a firearm, including a frame or receiver, that lacks a unique serial number engraved or cast in metal or metal alloy on the frame or receiver by a licensed manufacturer or importer in accordance with this chapter; and (B) does not include— (i) a firearm that has been rendered permanently inoperable; (ii) a firearm identified by means of a unique serial number assigned by a State agency and engraved or cast on the receiver or frame of the weapon before the effective date of the Gun Violence Prevention and Community Safety Act of 2022 (iii) a firearm manufactured or imported before December 16, 1968; or (iv) a firearm identified as provided for under section 5842 . (2) Prohibition; requirements Section 922 of title 18, United States Code, as amended by section 514 of this Act, is amended by adding at the end the following: (cc) Untraceable firearms (1) Manufacture, sale, offer to sell, transfer, purchase, or receipt of ghost guns (A) In general Except as provided in subparagraph (B), it shall be unlawful for any person to manufacture, sell, offer to sell, transfer, purchase, or receive a ghost gun in or affecting interstate or foreign commerce. (B) Exceptions Subparagraph (A) shall not apply to— (i) the manufacture of a firearm by a licensed manufacturer if the licensed manufacturer complies with section 923(i) before selling or transferring the firearm to another person; (ii) the offer to sell, sale, or transfer of a firearm to, or purchase or receipt of a firearm by, a licensed manufacturer or importer before the date that is 30 months after the date of enactment of this subsection; or (iii) a transaction between a licensed manufacturer and a licensed importer on any date. (2) Possession of ghost gun with intent to sell, transfer, or manufacture Beginning on the date that is 30 months after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 (A) sell or transfer the ghost gun with or without further manufacturing; or (B) manufacture a firearm with the ghost gun. . (3) Requirements (A) Removal of serial numbers Section 922(k) of title 18, United States Code, is amended— (i) by striking importer's or manufacturer's (ii) by inserting required under this chapter or State law removed (B) Licensed importers and manufacturers Section 923(i) of title 18, United States Code, as amended by section 512 of this Act, is amended— (i) by inserting (1)(A) (i) (ii) by adding at the end the following: (B) The serial number required under subparagraph (A) shall be engraved or cast in metal or metal alloy and sufficient to identify the firearm and the manufacturer or importer that put the serial number on the firearm. (2) (A) Not later than 180 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 (B) The regulations prescribed under subparagraph (A) shall— (i) allow an owner of a firearm described in that subparagraph to have a unique serial number engraved on the firearm by a licensed manufacturer or importer; and (ii) require that a serial number be engraved on the frame or receiver in a manner sufficient to identify the firearm and the manufacturer or importer that put the serial number on the firearm. (C) The regulations authorized under this paragraph shall expire on the date that is 30 months after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 . (4) Penalties Section 924 of title 18, United States Code, as amended by this Act, is amended— (A) in subsection (a)(1)(B), by striking or (aa) (aa), or (cc) (B) in subsection (c)— (i) in paragraph (1)— (I) in subparagraph (A), in the matter preceding clause (i), by inserting functional firearm (II) in subparagraph (B), in the matter preceding clause (i), by inserting functional firearm (III) in subparagraph (D)(ii), by inserting functional firearm (ii) in paragraph (4), by striking all or part of the firearm person. all or part of the functional firearm, or otherwise make the presence of the functional firearm known to another person, in order to intimidate that person, regardless of whether the functional firearm is directly visible to that person. (C) in subsection (d)(1), as amended by section 512 of this Act, by striking or (w) (w), or (bb) (D) in subsection (e)(1), by inserting through the possession of a functional firearm and has three (b) Modernization of the prohibition on undetectable firearms Section 922(p) of title 18, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking any firearm (2) in paragraph (1)— (A) by striking subparagraph (A) and inserting the following: (A) an undetectable firearm; or ; and (B) in subparagraph (B), by striking any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate a major component of a firearm which, if subjected to inspection by the types of detection devices commonly used at airports for security screening, would not generate (3) by striking paragraph (2) and inserting the following: (2) For purposes of this subsection— (A) the term detectable material (B) the term major component (i) means the slide or cylinder or the frame or receiver of the firearm; and (ii) in the case of a rifle or shotgun, includes the barrel of the firearm; and (C) the term undetectable firearm ; (4) in paragraph (3)— (A) in the first sentence, by inserting , including a prototype, of a firearm (B) by striking the second sentence; and (5) in paragraph (5), by striking shall not apply to any firearm which (A) any firearm received by, in the possession of, or under the control of the United States; or (B) the manufacture, importation, possession, transfer, receipt, shipment, or delivery of a firearm by a licensed manufacturer or licensed importer pursuant to a contract with the United States. . 517. Prohibition on possession of certain firearm accessories Chapter 44 (1) in section 922, as amended by section 516 of this Act, by adding at the end the following: (dd) (1) Except as provided in paragraph (2), on and after the date that is 90 days after the date of enactment of this subsection, it shall be unlawful for any person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is designed or functions to materially accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun. (2) This subsection does not apply with respect to the importation for, manufacture for, sale to, transfer to, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof. ; and (2) in section 924(a)(2), by striking , or (o) (o), or (dd) B Firearm silencers and mufflers ban 521. Definition Section 921(a)(3) of title 18, United States Code, is amended by striking (C) any firearm muffler or firearm silencer; or (D) or (C) 522. Restrictions on firearm silencers and firearm mufflers (a) In general Section 922 of title 18, United States Code, as amended by section 517 of this Act, is amended by adding at the end the following: (ee) (1) Except as provided in paragraph (2), it shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a firearm silencer or firearm muffler. (2) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. (C) the importation for, manufacture for, sale to, transfer to, or possession by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (3) For purposes of paragraph (2)(A), the term campus law enforcement officer (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. . (b) Seizure and forfeiture of firearm silencers and firearm mufflers Section 924(d) of title 18, United States Code, is amended— (1) in paragraph (1), as amended by section 516 of this Act, by striking or (bb) (bb), or (ee) (2) in paragraph (3)(E), as amended by section 512 of this Act, by inserting 922(cc), 922(w), 523. Penalties Section 924(a)(1)(B) of title 18, United States Code, as amended by section 516 of this Act, is amended by striking or (cc) (cc), or (ee) 524. Effective date The amendments made by this subtitle shall take effect on the date that is 90 days after the date of enactment of this Act. VI Firearm trafficking 601. Prohibition against multiple firearm sales or purchases (a) Prohibition Section 922 of title 18, United States Code, as amended by section 522 of this Act, is amended by adding at the end the following: (ff) Prohibition against multiple firearm sales or purchases (1) Sale It shall be unlawful to sell, transfer, or otherwise dispose of a firearm, in or affecting interstate or foreign commerce, to any person who is not licensed under section 923 knowing or having reasonable cause to believe that such person purchased a firearm during the 30-day period ending on the date of such sale or disposition. (2) Purchase It shall be unlawful for any person who is not licensed under section 923 to purchase more than 1 firearm that has been shipped or transported in interstate or foreign commerce during any 30-day period. (3) Exceptions Paragraphs (1) and (2) shall not apply to— (A) a lawful exchange of 1 firearm for 1 firearm; (B) the transfer to or purchase by the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a firearm; (C) the transfer to or purchase by a law enforcement officer employed by an entity referred to in subparagraph (B) of a firearm for law enforcement purposes (whether on or off duty); (D) the transfer to or purchase by a campus law enforcement officer of a firearm for law enforcement purposes (whether on or off duty); (E) the transfer to or purchase by a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a firearm for law enforcement purposes (whether on or off duty); or (F) the transfer or purchase of a firearm listed as a curio or relic by the Attorney General pursuant to section 921(a)(13). (4) Definition For purposes of paragraph (3)(D), the term campus law enforcement officer (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. . (b) Penalties Section 924(a)(2) of title 18, United States Code, as amended by section 517 of this Act, is amended by striking or (dd) (dd), or (ff) (c) Conforming amendments Chapter 44 (1) in section 922(s), as so redesignated by section 201 of this Act— (A) in paragraph (1)— (i) in subparagraph (B)(ii), by striking (g) or (n) (g), (n), or (ee)(2) (ii) in subparagraph (C)(iii)(II), by striking (g) or (n) (g), (n), or (ee)(2) (B) in paragraph (2), by striking (g), or (n) (g), (n), or (ee)(2) (C) in paragraph (4), by striking (g), or (n) (g), (n), or (ee)(2) (D) in paragraph (5), by striking (g), or (n) (g), (n), or (ee)(2) (2) in section 925A, by striking (g) or (n) (g), (n), or (ee)(2) (d) Eliminate multiple sales reporting requirement Section 923(g) of title 18, United States Code, is amended by striking paragraph (3). (e) Authority To issue rules and regulations The Attorney General shall prescribe any rules and regulations as are necessary to ensure that the national instant criminal background check system is able to identify whether receipt of a firearm by a prospective transferee would violate section 922(ff) of title 18, United States Code, as added by this section. 602. Increased penalties for making knowingly false statements in connection with firearms Section 924(a)(3) of title 18, United States Code, is amended in the matter following subparagraph (B) by striking one year 5 years 603. Retention of records Section 922(s)(2) of title 18, United States Code, as so redesignated by section 201 of this Act, is amended— (1) in subparagraph (B), by striking ; and (2) by striking subparagraph (C). 604. Revised definition Section 921(a)(21)(C) of title 18, United States Code, is amended by inserting , except that such term shall include any person who transfers more than 1 firearm in any 30-day period to a person who is not a licensed dealer 605. Firearms trafficking Section 933 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by striking or (B) by striking paragraph (3) and inserting the following: (3) make a statement to a licensed importer, licensed manufacturer, licensed collector, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of a firearm that has moved in or affected interstate or foreign commerce that— (A) is material to— (i) the identity of the actual buyer of the firearm; or (ii) the intended trafficking of the firearm; and (B) the person knows or has reasonable cause to believe is false; or (4) attempt or conspire to commit, or direct, promote, or facilitate, conduct specified in paragraph (1), (2), or (3). ; and (2) in subsection (b)— (A) by striking Any (1) In general Any ; and (B) by adding at the end the following: (2) Organizer enhancement If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years. ; and (3) by adding at the end the following: (c) Definition In this section, the term actual buyer . VII Dealer reform 701. Gun shop security measures (a) Regulations (1) In general Section 926 of title 18, United States Code, is amended by adding at the end the following: (d) Not later than 1 year after the date of enactment of this subsection, the Attorney General shall prescribe such regulations as are necessary to ensure that any premises at which a licensed dealer deals in firearms are secure from theft, which shall include requiring— (1) compliance with the security plan submitted by the licensed dealer pursuant to section 923(d)(1)(G); (2) the use of functional locked metal cabinets and fireproof safes; (3) functional security systems, video monitoring, and anti-theft alarms; (4) functional security gates, strong locks, and site hardening; and (5) functional concrete bollards and other access controls, if necessary. . (2) Transition rule The regulations prescribed under section 926(d)(1) of title 18, United States Code, shall not apply to a person who, on the date of enactment of this Act, is a licensed dealer, as defined in section 921(a)(11) of title 18, United States Code, until the earlier of— (A) the date the person complies with subsection (b)(2) of this section; or (B) the end of the 1-year period that begins with the date regulations are prescribed under section 926(d) of title 18, United States Code. (b) Security plan submission requirement and other requirements (1) In general Section 923(d)(1) of title 18, United States Code, is amended by striking subparagraph (G) and inserting the following: (G) in the case of an application to be licensed as a dealer, the applicant certifies that— (i) the applicant has a permanent place of business; (ii) the applicant only hires individuals 21 years of age or older as employees; (iii) the applicant will not allow any employee to handle firearms until the employee has successfully undergone a background check in accordance with section 923(g)(10); and (iv) secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (subject to the exception that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement under this subparagraph to make available such a device) and include with the certification— (I) a description of how the applicant will secure, in accordance with the regulations issued under section 926(d), the premises from which the applicant will conduct business under the license (including in the event of a natural disaster or other emergency); and (II) a certification that the applicant, if issued such a license, the applicant will comply with the certification made under this subparagraph. . (2) Transition rule A person who, on the date of enactment of this Act, is a licensed dealer (as defined in section 921(a)(11) of title 18, United States Code) and whose license to deal in firearms, issued under chapter 44 (c) Annual security plan compliance certification requirement (1) In general Section 923 of title 18, United States Code, is amended by adding at the end the following: (m) (1) Each licensed dealer shall annually certify to the Attorney General that each premises from which the licensed dealer conducts business subject to license under this chapter is in compliance with the regulations prescribed under section 926(d), and include with the certification the results of a reconciliation of the firearms inventory of the licensed dealer with the firearms inventory at the time of the most recent prior certification (if any) under this paragraph, including a report of any missing firearms. (2) With respect to a violation of paragraph (1), the Attorney General may, after notice and opportunity for a hearing— (A) suspend, until the violation is corrected, the license issued to the licensee under this chapter that was used to conduct the firearms transfer; and (B) impose a civil money penalty of not more than $5,000 on a licensed dealer who fails to comply with paragraph (1). . (2) Transition rule The amendment made by paragraph (1) of this subsection shall not apply to a person who, on the date of enactment of this Act, is a licensed dealer (as defined in section 921(a)(11) of title 18, United States Code), until the end of the 1-year period that begins with the date the person complies with subsection (b)(2) of this section. (d) Effective date The amendments made by this section shall take effect 1 year after the date of enactment of this Act. 702. Inspections (a) Elimination of limit on annual inspections of licensees Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended— (1) by striking the em dash and all that follows through (II) (2) by striking licensee. licensee (b) Mandated annual inspections of high-Risk licensed dealers, triennial inspections of other licensed dealers Section 923(g)(1) of title 18, United States Code, is amended by adding at the end the following: (E) (i) The Attorney General shall, without such reasonable cause or warrant— (I) annually inspect or examine the inventory, records, and business premises of each licensed dealer whom the Attorney General determines is a high-risk dealer (based on the considerations used to do so as of the date of the enactment of this sentence); and (II) triennially inspect or examine the inventory, records, and business premises of any other licensed dealer that the Attorney General determines is not a high-risk dealer. (ii) Not later than 180 days after the date of an inspection under this subparagraph reveals a violation of this section or any regulation prescribed under this chapter, the Attorney General shall conduct an inspection to determine whether such violation has been cured. . (c) Authority To hire additional Industry Operation Investigators for ATF (1) In general The Attorney General may hire 650 industry operation investigators for the Bureau of Alcohol, Tobacco, Firearms and Explosives, in addition to any personnel needed to carry out this title and the amendments made by this title. (2) Authorization of appropriations There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out paragraph (1). 703. Employee background checks (a) Background check required before firearm possession by dealer employee Section 923(g) of title 18, United States Code, as amended by section 710 of this Act, is amended by adding at the end the following: (10) A licensed dealer may not allow an employee of the licensed dealer to possess a firearm at a premises from which the licensed dealer conducts business subject to license under this chapter unless— (A) the licensed dealer has contacted the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 (B) the system has notified the licensee that the information available to the system does not demonstrate that the receipt of a firearm by the individual would violate subsection (g) or (n) of section 922 or State law. . (b) Background checks required before issuance or renewal of dealer license Section 923(c) of title 18, United States Code, is amended by inserting after the first sentence the following: Notwithstanding the preceding sentence, the Attorney General may not issue or renew a license to deal in firearms unless the Attorney General has contacted the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 (c) Effective date The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. 704. Gun store thefts Section 923(g)(6) of title 18, United States Code, is amended— (1) by inserting (A) (6) (2) by adding at the end the following: (B) (i) Not later than 30 days after the date on which the Attorney General receives a report from a licensed dealer pursuant to subparagraph (A) of this paragraph of the theft of a firearm, the Attorney General shall conduct an independent inspection of the security of the premises at which the theft occurred, which may include an inspection of the measures taken to implement the security plan submitted by the licensed dealer pursuant to subsection (d)(1)(G). (ii) On completion of the security inspection, the Attorney General shall provide the licensed dealer with— (I) a notice of any violation by the licensed dealer of any security requirements prescribed under section 926(d); and (II) recommendations for improving security of the premises involved. (iii) Not later than 180 days after the date on which the Attorney General conducts an investigation under this subparagraph that reveals a violation of any security requirement prescribed under section 926(d), the Attorney General shall conduct another investigation to determine whether the violation has been cured. . 705. Civil enforcement Section 923 of title 18, United States Code, as amended by section 701(c)(1) of this Act, is amended by adding at the end the following: (n) In the case of a licensed dealer who the Attorney General has found to be in violation of a regulation prescribed under this chapter, to not have implemented a corrective action required by the Attorney General at the completion of a security inspection conducted under subsection (g)(6)(B)(i) of this section within 30 days after the date of the inspection, or to be in violation of subsection (g)(8) of this section— (1) the Attorney General shall— (A) if the violation is not a result of gross negligence by the licensed dealer— (i) in the case of the first such violation of the law or regulation by the licensed dealer, if not preceded by a violation to which subparagraph (B) applies, transmit to the licensed dealer a written notice specifying the violation, which shall include a copy of the provision of law or regulation violated and a plan for how to cure the violation; (ii) in the case of the second such violation by the licensed dealer, if not preceded by a violation to which subparagraph (B) applies, impose a civil money penalty in an amount that is not less than $2,500 and not more than $20,000; (iii) in the case of the third such violation by the licensed dealer, if not preceded by a violation to which subparagraph (B) applies, suspend the license to deal in firearms issued to the licensed dealer under this chapter until the violation ceases; (iv) in the case of the fourth such violation by the licensed dealer, whether or not preceded by a violation to which subparagraph (B) applies, revoke that license; or (v) in the case of any such violation by the licensed dealer, if preceded by a violation to which subparagraph (B) applies, apply the penalty authorized under this subsection that is 1 level greater in severity than the level of severity of the penalty most recently applied to the licensed dealer under this subsection; or (B) if the violation is a result of such gross negligence— (i) in the case of the first such violation by the licensed dealer, impose a civil money penalty in an amount that is not less than $2,500 and not more than $20,000; (ii) in the case of the second such violation by the licensed dealer— (I) impose a civil money penalty in an amount equal to $20,000; (II) suspend the license to deal in firearms issued to the licensed dealer under this chapter until the violation ceases; or (III) revoke that license; or (iii) in the case of the third or subsequent such violation by the licensed dealer, apply the penalty authorized under this subsection that is 1 or 2 levels greater in severity than the level of severity of the penalty most recently applied to the licensed dealer under this subsection; and (2) in the case of any such violation, if the Attorney General finds that the nature of the violation indicates that the continued operation of a firearms business by the licensed dealer presents an imminent risk to public safety, the Attorney General shall, notwithstanding paragraph (1), immediately suspend the license to deal in firearms issued to the licensed dealer under this chapter and secure the firearms inventory of the licensed dealer, until the violation ceases. . 706. No effect on State laws governing dealing in firearms Nothing in this title shall be interpreted to preclude a State from imposing or enforcing any requirement relating to dealing in firearms (as defined in section 921(a)(3) of title 18, United States Code). 707. Lost and stolen reporting requirement (a) In general Section 922 of title 18, United States Code, as amended by section 601 of this Act, is amended by adding at the end the following: (gg) The owner of a firearm shall report the theft or loss of the firearm, not later than 48 hours after the owner becomes aware of the theft or loss, to the Attorney General and to the appropriate local authorities. . (b) Civil penalty Section 924 of title 18, United States Code, is amended by adding at the end the following: (q) Whoever violates section 922(gg) shall be fined not more than $1,000 in a civil proceeding. . 708. Report on implementation Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a written report on the implementation of this title and the amendments made by this title, including any remaining steps that are necessary to complete the implementation, which shall also identify any additional resources that are required to conduct regular inspections and to ensure that this title and the amendments made by this title are enforced against noncompliant firearm dealers in a timely manner. 709. Hearing (a) In general The Committee on the Judiciary of the Senate shall hold a hearing on the report submitted by the Attorney General under section 708. (b) Exercise of rulemaking authority Subsection (a) is enacted— (1) as an exercise of the rulemaking power of the Senate, and, as such, shall be considered as part of the rules of the Senate, and such rules shall supersede any other rule of the Senate only to the extent they are inconsistent with such other rule; and (2) with full recognition of the constitutional right of the Senate to change such rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. 710. Enhanced record keeping requirements Section 923(g) of title 18, United States Code, is amended by adding at the end the following: (8) (A) Each licensed dealer, manufacturer, and importer shall maintain a record of each sale or other transfer of a firearm or ammunition. (B) The record required to be maintained under subparagraph (A) shall include— (i) the full name, gender, residence, and occupation of the transferee; (ii) a complete description of the firearm, including the make, serial number, and type, if applicable; (iii) the type of transfer, such as whether the firearm was sold, rented, or leased; (iv) the date of transfer; and (v) the firearm license number of the transferee issued in accordance with section 932. (C) Each record required to be maintained under subparagraph (A) shall be maintained indefinitely and shall, not later than 5 business days after the sale or other transfer, be submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives. (9) Not later than 2 years after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 . 711. Deadline for issuance of final regulations (a) In general Not later than 1 year after the date of enactment of this Act, the Attorney General shall prescribe, in final form, all regulations required to carry out this title and the amendments made by this title. (b) Restrictions on regulations not applicable The matter following paragraph (3) of section 926(a) of title 18, United States Code, shall not apply to any regulations prescribed under subsection (a) of this section. 712. Repeal (a) Consolidated Appropriations Resolution, 2003 Section 644 of title VI of division J of the Consolidated Appropriations Resolution, 2003 ( 5 U.S.C. 552 or any other Act with respect to any fiscal year (b) Consolidated Appropriations Act, 2005 Title I of division B of the Consolidated Appropriations Act, 2005 ( Public Law 108–447 Salaries and expenses Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice with respect to any fiscal year (c) Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 Title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( Public Law 109–108 Salaries and expenses Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice with respect to any fiscal year (d) Consolidated Appropriations Act, 2008 Title II of division B of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 Salaries and expenses Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice beginning in fiscal year 2008 and thereafter in fiscal year 2008 (e) Omnibus Appropriations Act, 2009 Title II of division B of the Omnibus Appropriations Act, 2009 ( Public Law 111–8 Salaries and expenses Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice beginning in fiscal year 2009 and thereafter in fiscal year 2009 (f) Consolidated Appropriations Act, 2010 Title II of division B of the Omnibus Appropriations Act, 2009 ( Public Law 111–117 Salaries and expenses Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice beginning in fiscal year 2010 and thereafter in fiscal year 2010 (g) Consolidated and Further Continuing Appropriations Act, 2012 Division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 (1) in title II, in the matter under the heading Salaries and expenses Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice (A) the first proviso; (B) the sixth proviso; and (C) the eighth proviso; and (2) in section 511— (A) by striking used for— (1) the implementation used for the implementation (B) by striking United States Code; and United States Code. (h) Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 (division B of Public Law 113–6 Salaries and expenses Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice (1) the first proviso; (2) the fifth proviso; and (3) the sixth proviso. (i) Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019 The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019 (division C of Public Law 116–6 (1) section 517; and (2) section 531. (j) Consolidated Appropriations Act, 2020 The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2020 (division B of Public Law 116–93 (1) section 538; and (2) section 539. (k) Consolidated Appropriations Act, 2022 The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2022 (division B of Public Law 117–103 (1) section 536; and (2) section 537. VIII Industry reform 801. Repeal Sections 2, 3, and 4 of the Protection of Lawful Commerce in Arms Act ( 15 U.S.C. 7901 802. Repeal of exclusion of pistols, revolvers, and other firearms from consumer product safety laws (a) Amending the definition of consumer product Section 3(a)(5) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a)(5) (1) by striking subparagraph (E); (2) by redesignating subparagraphs (F) through (I) as subparagraphs (E) through (H), respectively; and (3) in the matter following subparagraph (H) (as redesignated by paragraph (2)), by striking described in subparagraph (E) of this paragraph or (b) Removing prohibition of rulemaking authority Subsection (e) of section 3 of the Consumer Product Safety Commission Improvements Act of 1976 ( 15 U.S.C. 2080 803. Increase in excise taxes relating to firearms (a) In general Section 4181 4181. Imposition of tax There is hereby imposed upon the sale by the manufacturer, producer, or importer of the following articles a tax equivalent to the specified percent of the price for which so sold: (1) Articles taxable at 30 percent: (A) Pistols. (B) Revolvers. (C) Firearms (other than pistols and revolvers). (D) Any lower frame or receiver for a firearm, whether for a semiautomatic pistol, rifle, or shotgun that is designed to accommodate interchangeable upper receivers. (2) Articles taxable at 50 percent: Shells and cartridges. . (b) Exemption for United States Subsection (b) of section 4182 (b) Sales to United States No firearms, pistols, revolvers, lower frame or receiver for a firearm, shells, and cartridges purchased with funds appropriated for any department, agency, or instrumentality of the United States shall be subject to any tax imposed on the sale or transfer of such articles. . (c) Effective date The amendments made by this section shall apply with respect to sales made during any fiscal year beginning after the date of enactment of this Act. (d) Use of increased taxes (1) Use for gun violence prevention and research An amount equal to 39 percent of revenues accruing from any tax imposed on shells and cartridges by section 4181 Fund (2) Programs for gun violence prevention and research Amounts in the Fund established under paragraph (1) shall be used by the Secretary of Health and Human Services to carry out the program established under section 399V–7 of the Public Health Service Act (as added by section 901 of this Act). (3) Conforming amendment (A) In general Section 3(a)(1) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669b(a)(1) (other than 39 percent of the revenues accruing from the taxes imposed on shells and cartridges by section 4181 of such Code) Internal Revenue Code of 1986 (B) Effective date The amendment made by this paragraph shall apply with respect to sales made during any fiscal year beginning after the date of enactment of this Act. IX Research and community violence intervention program 901. Community violence intervention grant program Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. 399V–7. Community violence intervention grant program (a) In general The Secretary shall award grants to eligible entities to support community violence intervention programs, with an emphasis on evidence-informed intervention strategies to reduce homicides, shootings, and group-related violence. (b) Eligible entities (1) In general To be eligible for a grant under this section, an entity shall— (A) be a local governmental entity, a hospital, or a nonprofit, community-based organization; and (B) submit an application at such time, but not more frequently than biennially, in such manner, and containing such information as the Secretary may require, including— (i) clearly defined and measurable objectives for the grant; (ii) a statement describing how the applicant proposes to use the grant to implement an evidence-informed violence reduction initiative in accordance with this section; (iii) evidence indicating that the proposed violence reduction initiative would likely reduce the incidence of homicides, shootings, and group-related violence; and (iv) any other information the Secretary may require. (2) Required distribution Each local governmental entity that receives a grant shall distribute not less than 50 percent of the grant funds to one or more of any of the following types of entities: (A) A community-based organization. (B) A nonprofit organization. (C) A public agency or department, other than a law enforcement agency or department, that is primarily dedicated to community safety or violence prevention. (c) Program activities A program supported by a grant under this section— (1) shall focus on interrupting cycles of violence by focusing intervention resources on the individuals identified as being at highest risk for being victims or perpetrators of community violence in the near future; and (2) shall be used to support, expand, and replicate evidence-informed violence reduction initiatives, including— (A) hospital-based violence intervention programs; (B) evidence-informed street outreach programs; (C) focused deterrence strategies; (D) conflict mediation; (E) delivery of needs-based support services for high-risk individuals and their family members; and (F) providing intensive case management, counseling or peer support services that reduce individuals’ risk of being victimized by, or perpetrating, violence and that seek to interrupt cycles of violence and retaliation in order to reduce the incidence of homicides, shootings, and group-related violence. (d) Priority In awarding grants under this section, the Secretary shall give priority to programs operating in— (1) the 127 municipalities that have had the highest annual per capita homicide rates as measured over the most recent 5 years (among municipalities meeting certain population thresholds, as specified by the Secretary); and (2) other municipalities with substantial recent increases in homicide rates, based on homicide data reported to the Federal Bureau of Investigation, or as otherwise specified by the Secretary. (e) Grant recipient reports Each recipient of a grant under this section shall submit a biennial performance report to the Secretary detailing how such grant funds were used and the progress made towards addressing violence in the community during the applicable funding period under the grant. (f) Reports to Congress Not later than 2 years after the date on which the program under this section commences, and every 2 years thereafter, the Secretary shall submit a report to Congress detailing how funds appropriated for the grant program under this section were used and recommendations for improvement of the program. (g) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section $120,000,000 for each fiscal year. . 902. Funding for research on firearms safety or gun violence prevention (a) Department of Justice (1) In general There are authorized to be appropriated to the Attorney General $60,000,000 for each fiscal year for the purpose of conducting or supporting research on firearms safety or gun violence prevention. The amount authorized to be appropriated by the preceding sentence is in addition to any other amounts authorized to be appropriated for such purpose. (2) Reports to Congress Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Attorney General shall submit a report to Congress detailing how the funds authorized to be appropriated under this section were used. (b) Department of Health and Human Services (1) In general There are authorized to be appropriated to the Secretary of Health and Human Services $60,000,000 for each fiscal year for the purpose of conducting or supporting research on firearms safety or gun violence prevention, including conducting evaluations of the community violence intervention grant program authorized under section 399V–7 of the Public Health Service Act (as added by section 901 of this Act). The amount authorized to be appropriated by the preceding sentence is in addition to any other amounts authorized to be appropriated for such purpose. (2) Reports to Congress Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress detailing how the funds authorized to be appropriated under this section were used. X Miscellaneous 1001. Registration (a) In general Section 922(v)(2) of title 18, United States Code, as added by section 512 of this Act, is amended— (1) by striking weapon otherwise lawfully (A) otherwise lawfully ; (2) by striking the period at the end and inserting ; and (3) by adding at the end the following: (B) registered under the National Firearms Act. . (b) Amendments (1) In general Part I of subchapter B of chapter 53 5841A. Registration of semiautomatic assault weapons Not later than 180 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2022 section 922(v)(2)(B) . (2) Table of sections The table of sections in part I of subchapter B of chapter 53 5841A. Registration of semiautomatic assault weapons. . 1002. Severability If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of the provisions of this Act and the amendments made by this Act and the application of the provision or amendment to any other person or circumstance shall not be affected.

Gun Violence Prevention and Community Safety Act of 2022

Raise the Wage Act of 2021 This bill increases the federal minimum wage for regular employees over a 5-year period, for tipped employees, and for newly hired employees who are less than 20 years old. The bill sets forth a schedule of annual increases in the federal minimum wage for individuals with disabilities. The Department of Labor shall no longer issue special certificates for the payment of subminimum wages to such individuals after the final wage increase under this bill for such individuals takes effect. Labor shall provide, upon request, technical assistance and information to employers to (1) help them transition their practices to comply with wage increases and other requirements under this bill for individuals with disabilities, and (2) ensure continuing employment opportunities for such individuals. The bill eliminates the separate minimum wage requirements for tipped, newly hired, and disabled employees. After a specified period, these employees shall be paid the same minimum wage as regular employees. Labor must publish any increase in the minimum wage in the Federal Register and on its website 60 days before it takes effect.

117 S53 IS: Raise the Wage 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. 53 IN THE SENATE OF THE UNITED STATES January 26, 2021 Mr. Sanders Mrs. Murray Mr. Schumer Ms. Baldwin Mr. Bennet Mr. Blumenthal Mr. Booker Mr. Brown Ms. Cantwell Mr. Cardin Mr. Casey Ms. Duckworth Mr. Durbin Mrs. Feinstein Mrs. Gillibrand Mr. Heinrich Ms. Hirono Mr. Kaine Ms. Klobuchar Mr. Leahy Mr. Luján Mr. Markey Mr. Merkley Mr. Murphy Mr. Padilla Mr. Peters Mr. Ossoff Mr. Reed Ms. Rosen Mr. Schatz Ms. Smith Ms. Stabenow Mr. Van Hollen Mr. Warner Mr. Warnock Ms. Warren Mr. Whitehouse Mr. Wyden Committee on Health, Education, Labor, and Pensions A BILL To provide for increases in the Federal minimum wage, and for other purposes. 1. Short title This Act may be cited as the Raise the Wage Act of 2021 2. Minimum wage increases (a) In general Section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) (1) except as otherwise provided in this section, not less than— (A) $9.50 an hour, beginning on the effective date under section 7 of the Raise the Wage Act of 2021 (B) $11.00 an hour, beginning 1 year after such effective date; (C) $12.50 an hour, beginning 2 years after such effective date; (D) $14.00 an hour, beginning 3 years after such effective date; (E) $15.00 an hour, beginning 4 years after such effective date; and (F) beginning on the date that is 5 years after such effective date, and annually thereafter, the amount determined by the Secretary under subsection (h); . (b) Determination based on increase in the median hourly wage of all employees Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 (h) (1) Not later than each date that is 90 days before a new minimum wage determined under subsection (a)(1)(F) is to take effect, the Secretary shall determine the minimum wage to be in effect under this subsection for each period described in subsection (a)(1)(F). The wage determined under this subsection for a year shall be— (A) not less than the amount in effect under subsection (a)(1) on the date of such determination; (B) increased from such amount by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics; and (C) rounded up to the nearest multiple of $0.05. (2) In calculating the annual percentage increase in the median hourly wage of all employees for purposes of paragraph (1)(B), the Secretary, through the Bureau of Labor Statistics, shall compile data on the hourly wages of all employees to determine such a median hourly wage and compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year. . 3. Tipped employees (a) Base minimum wage for tipped employees and tips retained by employees Section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A)(i) (i) the cash wage paid such employee, which for purposes of such determination shall be not less than— (I) for the 1-year period beginning on the effective date under section 7 of the Raise the Wage Act of 2021 (II) for each succeeding 1-year period until the hourly wage under this clause equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this clause for the preceding year, increased by the lesser of— (aa) $2.00; or (bb) the amount necessary for the wage in effect under this clause to equal the wage in effect under section 6(a)(1) for such period, rounded up to the nearest multiple of $0.05; and (III) for each succeeding 1-year period after the increase made pursuant to subclause (II), the minimum wage in effect under section 6(a)(1); and . (b) Tips retained by employees Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A) (1) in the second sentence of the matter following clause (ii), by striking of this subsection, and all tips received by such employee have been retained by the employee of this subsection. Any employee shall have the right to retain any tips received by such employee (2) by adding at the end the following: An employer shall inform each employee of the right and exception provided under the preceding sentence. (c) Scheduled repeal of separate minimum wage for tipped employees (1) Tipped employees Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A) In determining the wage an employer is required to pay a tipped employee, of this subsection. The wage required to be paid to a tipped employee shall be the wage set forth in section 6(a)(1). (2) Publication of notice Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 or in accordance with subclause (II) or (III) of section 3(m)(2)(A)(i) (3) Effective date The amendments made by paragraphs (1) and (2) shall take effect on the date that is 1 day after the date on which the hourly wage under subclause (III) of section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A)(i) (d) Penalties Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 (1) in the third sentence of subsection (b), by inserting or used kept (2) in the second sentence of subsection (e)(2), by inserting or used kept 4. Newly hired employees who are less than 20 years old (a) Base minimum wage for newly hired employees who are less than 20 years old Section 6(g)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(g)(1) a wage which is not less than $4.25 an hour. a wage at a rate that is not less than— (A) for the 1-year period beginning on the effective date under section 7 of the Raise the Wage Act of 2021 (B) for each succeeding 1-year period until the hourly wage under this paragraph equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of— (i) $1.75; or (ii) the amount necessary for the wage in effect under this paragraph to equal the wage in effect under section 6(a)(1) for such period, rounded up to the nearest multiple of $0.05; and (C) for each succeeding 1-year period after the increase made pursuant to subparagraph (B)(ii), the minimum wage in effect under section 6(a)(1). . (b) Scheduled repeal of separate minimum wage for newly hired employees who are less than 20 years old (1) In general Section 6(g) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(g) (2) Publication of notice Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 or subparagraph (B) or (C) of subsection (g)(1), (3) Effective date The repeal and amendment made by paragraphs (1) and (2), respectively, shall take effect on the date that is 1 day after the date on which the hourly wage under subparagraph (C) of section 6(g)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(g)(1) 5. Publication of notice Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 (i) Not later than 60 days prior to the effective date of any increase in the required wage determined under subsection (a)(1) or subparagraph (B) or (C) of subsection (g)(1), or in accordance with subclause (II) or (III) of section 3(m)(2)(A)(i) or section 14(c)(1)(A), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing each increase in such required wage. . 6. Promoting economic self-sufficiency for individuals with disabilities (a) Wages (1) Transition to fair wages for individuals with disabilities Subparagraph (A) of section 14(c)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c)(1) (A) at a rate that equals or exceeds, for each year, the greater of— (i) (I) $5.00 an hour, beginning on the effective date under section 7 of the Raise the Wage Act of 2021 (II) $7.50 an hour, beginning 1 year after such effective date; (III) $10.00 an hour, beginning 2 years after such effective date; (IV) $12.50 an hour, beginning 3 years after such effective date; (V) $15.00 an hour, beginning 4 years after such effective date; and (VI) the wage rate in effect under section 6(a)(1), beginning 5 years after such effective date; or (ii) if applicable, the wage rate in effect on the day before the date of enactment of the Raise the Wage Act of 2021 . (2) Prohibition on new special certificates; sunset Section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) (6) Prohibition on new special certificates Notwithstanding paragraph (1), the Secretary shall not issue a special certificate under this subsection to an employer that was not issued a special certificate under this subsection before the date of enactment of the Raise the Wage Act of 2021 (7) Sunset Beginning on the day after the date on which the wage rate described in paragraph (1)(A)(i)(VI) takes effect, the authority to issue special certificates under paragraph (1) shall expire, and no special certificates issued under paragraph (1) shall have any legal effect. (8) Transition assistance Upon request, the Secretary shall provide— (A) technical assistance and information to employers issued a special certificate under this subsection for the purposes of— (i) assisting such employers to comply with this subsection, as amended by the Raise the Wage Act of 2021 (ii) ensuring continuing employment opportunities for individuals with disabilities receiving a special minimum wage rate under this subsection; and (B) information to individuals employed at a special minimum wage rate under this subsection, which may include referrals to Federal or State entities with expertise in competitive integrated employment. . (3) Effective date The amendments made by this subsection shall take effect on the date of enactment of this Act. (b) Publication of notice (1) Amendment Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 or section 14(c)(1)(A), (2) Effective date The amendment made by paragraph (1) shall take effect on the day after the date on which the wage rate described in paragraph (1)(A)(i)(VI) of section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) 7. General effective date Except as otherwise provided in this Act, or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the first day of the third month that begins after the date of the enactment of this Act.

Raise the Wage Act of 2021

Shareholder Protection Act of 2021 This bill requires shareholder authorization of certain political expenditures by a publicly traded company. A violation of this requirement is considered a breach of fiduciary duty, and the officers and directors who authorized the expenditure are subject to joint and several liability. A publicly traded company must require a board vote with respect to political expenditures in excess of $50,000 and, within 48 hours, make publicly available the individual votes of each board member.

117 S530 IS: Shareholder Protection 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. 530 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Mr. Menendez Mr. Merkley Mr. Booker Mr. Blumenthal Ms. Hirono Mr. Leahy Ms. Warren Mr. Durbin Mr. Van Hollen Mrs. Gillibrand Ms. Klobuchar Mr. Markey Mrs. Shaheen Ms. Baldwin Mr. Whitehouse Mrs. Feinstein Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to require shareholder authorization before a public company may make certain political expenditures, and for other purposes. 1. Short title This Act may be cited as the Shareholder Protection Act of 2021 2. Findings Congress finds that— (1) corporations make significant political contributions and expenditures that directly or indirectly influence the election of candidates and support or oppose political causes; (2) decisions to use corporate funds for political contributions and expenditures are usually made by corporate boards and executives, rather than shareholders; (3) corporations, acting through boards and executives, are obligated to conduct business for the best interests of their owners, the shareholders; (4) historically, shareholders have not had a way to know, or to influence, the political activities of the corporations they own; (5) shareholders and the public have a right to know how corporate managers are spending company funds to make political contributions and expenditures benefitting candidates, political parties, and political causes; (6) corporations should be accountable to shareholders in making political contributions or expenditures affecting Federal governance and public policy; and (7) requiring a corporation to obtain the express approval of shareholders before making political contributions or expenditures will establish necessary accountability. 3. Shareholder approval of corporate political activity (a) In general The Securities Exchange Act of 1934 ( 15 U.S.C. 78a 15 U.S.C. 78n–2 14C. Shareholder approval of certain political expenditures and disclosure of votes of institutional investors (a) Definitions In this section— (1) the term expenditure for political activities (A) means— (i) an independent expenditure (as defined in section 301(17) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(17) (ii) an electioneering communication (as defined in section 304(f)(3) of that Act ( 52 U.S.C. 30104(f)(3) 52 U.S.C. 30101(22) (iii) dues or other payments to trade associations or organizations described in section 501(c) (B) does not include— (i) direct lobbying efforts through registered lobbyists employed or hired by the issuer; (ii) communications by an issuer to its shareholders and executive or administrative personnel and their families; or (iii) the establishment, administration, and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation; and (2) the term issuer 15 U.S.C. 80a–8 (b) Shareholder authorization for political expenditures Each solicitation of proxy, consent, or authorization by an issuer with a class of equity securities registered under section 12 shall— (1) contain— (A) a description of the specific nature of any expenditure for political activities proposed to be made by the issuer for the forthcoming fiscal year that has not been authorized by a vote of the shareholders of the issuer, to the extent the specific nature is known to the issuer; and (B) the total amount of expenditures for political activities proposed to be made by the issuer for the forthcoming fiscal year; and (2) provide for a separate vote of the shareholders of the issuer to authorize such expenditures for political activities in the total amount described in paragraph (1). (c) Vote required To make expenditures No issuer may make an expenditure for political activities in any fiscal year unless that expenditure— (1) is of the nature of those proposed by the issuer in subsection (b)(1); and (2) has been authorized by a vote of the majority of the outstanding shares of the issuer in accordance with subsection (b)(2). (d) Fiduciary duty; liability (1) Fiduciary duty A violation of subsection (c) by an issuer shall be considered to be a breach of a fiduciary duty of any officer or director of the issuer who authorized the expenditure for political activities described in that subsection. (2) Liability An officer or director of an issuer who authorizes an expenditure for political activities in violation of subsection (c) shall be jointly and severally liable in— (A) any action brought in a court of competent jurisdiction to any person or class of persons that held shares at the time the expenditure for political activities was made; and (B) an amount that is equal to 3 times the amount of the expenditure for political activities. (e) Disclosure of votes (1) Disclosure required Each institutional investment manager that is subject to section 13(f) shall disclose not less frequently than annually how the institutional investment manager voted on any shareholder vote under subsection (b)(2), unless the vote is otherwise required by rule of the Commission to be reported publicly. (2) Rules Not later than 180 days after the date of enactment of this section, the Commission shall issue rules to carry out this subsection that require that a disclosure required under paragraph (1)— (A) be made not later than 30 days after the date on which a vote described in that paragraph is held; and (B) be made available to the public through the EDGAR system as soon as practicable. (f) Safe harbor for certain divestment decisions Notwithstanding any other provision of Federal or State law, if an institutional investment manager makes the disclosures required under subsection (e), no person may bring any civil, criminal, or administrative action against the institutional investment manager, or any employee, officer, or director of the institutional investment manager, based solely upon a decision of the investment manager to divest from, or not to invest in, securities of an issuer due to an expenditure for political activities made by the issuer. . (b) Technical and conforming amendment Section 3(a)(8) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(8) The term Except as otherwise expressly provided, the term 4. Required board vote on corporate expenditures for political activities The Securities Exchange Act of 1934 ( 15 U.S.C. 78a 15 U.S.C. 78p 16A. Required board vote on corporate expenditures for political activities (a) Definitions In this section— (1) the term election 52 U.S.C. 30101 (2) the terms expenditure for political activities issuer (b) Listing on exchanges Not later than 180 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer that is not in compliance with the requirements of any portion of subsection (c). (c) Requirement for vote in corporate bylaws (1) Vote required The bylaws of an issuer shall expressly provide for a vote of the board of directors of the issuer on any expenditure for political activities— (A) in an amount that is more than $50,000; and (B) that would result in the total amount spent by the issuer for a particular election to be more than $50,000. (2) Public availability An issuer shall make the votes of each member of the board of directors of the issuer for a vote required under paragraph (1) publicly available not later than 48 hours after the vote, including in a clear and conspicuous location on the internet web site of the issuer. (d) No Effect on Determination of Coordination With Candidates or Campaigns For purposes of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 . 5. Reporting requirements Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m (s) Reporting requirements relating to certain political expenditures (1) Definitions In this subsection, the terms expenditure for political activities issuer (2) Quarterly reports (A) Reports required Not later than 180 days after the date of enactment of this subsection, the Commission shall amend the reporting rules under this section to require each issuer with a class of equity securities registered under section 12 to submit to the Commission and the shareholders of the issuer a quarterly report containing— (i) a description of any expenditure for political activities made during the preceding quarter; (ii) the date of each expenditure for political activities; (iii) the amount of each expenditure for political activities; (iv) the votes of each member of the board of directors of the issuer authorizing the expenditure for political activity, as required under section 16A(c); (v) if the expenditure for political activities was made in support of or in opposition to a candidate, the name of the candidate and the office sought by, and the political party affiliation of, the candidate; and (vi) the name or identity of trade associations or organizations described in section 501(c) (B) Public availability The Commission shall ensure that, to the greatest extent practicable, the quarterly reports required under this paragraph are publicly available through the internet website of the Commission and through the EDGAR system in a manner that is searchable, sortable, and downloadable, consistent with the requirements under section 24. (3) Annual reports Not later than 180 days after the date of enactment of this subsection, the Commission shall, by rule, require each issuer to include in the annual report of the issuer to shareholders a summary of each expenditure for political activities made during the preceding year in excess of $10,000, and each expenditure for political activities for a particular election if the total amount of such expenditures for that election is in excess of $10,000. . 6. Reports (a) Securities and Exchange Commission The Securities and Exchange Commission shall— (1) conduct an annual assessment of the compliance of issuers and officers and members of the boards of directors of issuers with sections 13(s), 14C, and 16A of the Securities Exchange Act of 1934, as added by this Act; and (2) submit to Congress an annual report of containing the results of the assessment under paragraph (1). (b) Government Accountability Office The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the oversight by the Securities and Exchange Commission of the reporting and disclosure requirements under sections 13(s), 14C, and 16A of the Securities Exchange Act of 1934, as added by this Act. 7. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.

Shareholder Protection Act of 2021

Financial Regulators Transparency Act of 2022 This bill makes certain disclosure and ethics requirements applicable to the Federal Reserve banks and financial regulators. For example, the bill makes Federal Reserve banks subject to Freedom of Information Act requests and makes financial regulators subject to congressional ethics inquiries.

117 S5300 IS: Financial Regulators Transparency Act of 2022 U.S. Senate 2022-12-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 5300 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Toomey Ms. Warren Ms. Lummis Mr. Tillis Committee on the Judiciary A BILL To provide greater transparency with respect to the financial regulatory agencies, and for other purposes. 1. Short title This Act may be cited as the Financial Regulators Transparency Act of 2022 2. Transparency of the Federal reserve banks The Federal Reserve Act is amended— (1) by redesignating sections 30 and 31 as sections 31 and 32, respectively; and (2) by inserting after section 29 ( 12 U.S.C. 504 30. Transparency of Federal reserve banks and Board of Governors (a) Application of FOIA and the Federal Records Act of 1950 to the Federal reserve banks (1) FOIA Each Federal reserve bank shall be considered an agency, as defined in subsection (f) of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (2) Federal Records Act of 1950 Each Federal reserve bank shall be considered a Federal agency for purposes of applying the requirements under chapter 31 Federal Records Act of 1950 (b) Congressional FOIA requests for information from Federal reserve banks (1) Definitions In this subsection— (A) the term committee confidential basis (B) the term confidential supervisory information (C) the term covered Member of Congress (i) the chair and ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate; (ii) the chair and ranking member of the Subcommittee on Economic Policy of the Committee on Banking, Housing, and Urban Affairs of the Senate; (iii) the chair and ranking member of the Subcommittee on Financial Institutions and Consumer Protection of the Committee on Banking, Housing, and Urban Affairs of the Senate; (iv) the chair and ranking member of the Committee on Financial Services of the House of Representatives; (v) the chair and ranking member of the Subcommittee on Consumer Protection and Financial Institutions of the Committee on Financial Services of the House of Representatives; and (vi) the chair and ranking member of the Subcommittee on National Security, International Development and Monetary Policy of the Committee on Financial Services of the House of Representatives; (D) the term Inspector General (E) the term personnel and medical files (i) means personnel and medical files and similar files that are exempt from disclosure under section 552(b)(6) of title 5, United States Code; and (ii) does not include— (I) financial disclosure forms; or (II) performance, disciplinary, or adverse action information. (2) Authority (A) In general Subject to subparagraph (B), section 552 of title 5, United States Code, is not authority for a Federal reserve bank to withhold information from Congress or any Member of Congress. (B) Rule of construction Nothing in subparagraph (A) shall be construed to affect the authority of a Federal reserve bank to withhold from an individual Member of Congress requesting information under section 552 of title 5, United States Code— (i) information relating to monetary policy deliberations that is exempt from disclosure under section 552(b)(5) of title 5, United States Code; and (ii) except as provided in paragraph (6)— (I) confidential supervisory information, as defined in section 261.2(b) of title 12, Code of Federal Regulations, or any successor regulation, that is exempt from disclosure under section 552(b)(8) of title 5, United States Code; and (II) personnel and medical files. (3) Priority of requests from Members of Congress Any request for information from a Federal reserve bank under section 552 of title 5, United States Code, made by a Member of Congress— (A) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (B) shall be processed without charging any fee to the Member of Congress. (4) Common law privileges Notwithstanding any other provision of law, a Federal reserve bank may not withhold information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (5) Maintenance and security of materials With respect to any materials that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from a Federal reserve bank, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (A) have responsibility for the maintenance and security of those materials; and (B) ensure that— (i) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (ii) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Federal reserve bank; (iii) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (iv) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (6) Confidential supervisory information and personnel and medical files (A) Prohibition Notwithstanding subclauses (I) and (II) of paragraph (2)(B)(ii) or any other provision of law, a Federal reserve bank may not withhold information requested by a covered Member of Congress under section 552 of title 5, United States Code, on the basis that the information contains confidential supervisory information or personnel and medical files. (B) Access to information (i) In general Any covered Member of Congress and any staff member of a covered Member of Congress that receives information that contains confidential supervisory information or personnel and medical files pursuant to a request made under section 552 of title 5, United States Code, from a Federal reserve bank shall handle that information on a committee confidential basis according to the procedures described in clause (ii). (ii) Procedures (I) Maintenance and security of materials With respect to any materials containing confidential supervisory information or personnel and medical files that is received by or in the possession of a covered Member of Congress or any staff member of a covered Member of Congress under clause (i), the chief clerk of the relevant committee shall— (aa) have responsibility for the maintenance and security of those materials; and (bb) ensure that— (AA) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (BB) the materials do not leave the relevant committee; (CC) a covered Member of Congress or any staff member of a covered Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials; (DD) photocopying, scanning, or other reproduction of the materials is prohibited; and (EE) notes may be taken regarding the materials, but any notes shall be stored in safe of the chief clerk of the relevant committee and such notes shall not be taken or transmitted outside of the offices of the relevant committee. (II) Access Access to materials containing confidential supervisory information or personnel and medical files supplied to a covered Member of Congress shall be limited to those staff members of the relevant committee or subcommittee with a need-to-know, as determined by the Staff Director and Minority Staff Director of the committee. (III) Unauthorized disclosure Any disclosure of materials containing confidential supervisory information or personnel and medical files without the agreement of the chair and ranking member of the relevant committee or subcommittee of Congress to publicly disclose the information, or other violation of this subparagraph, shall constitute grounds for referral to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable. (7) Standing Any Member of Congress who makes a request for information from a Federal reserve bank under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Federal reserve bank from withholding records of the Federal reserve bank and to order the production of any records of the Federal reserve bank improperly withheld from the Member of Congress in the same manner as any other person under that section. (c) Congressional FOIA requests for ethics-Related information from the Board of Governors and the Federal reserve banks (1) Ethics-Related information defined (A) In general Subject to subparagraph (B), in this subsection, the term ethics-related information (i) the activities of the ethics program of the Board or a Federal reserve bank; (ii) financial disclosure reports and related records; (iii) ethics agreements and related records; (iv) outside employment and activity of officers and employees of the Board or a Federal reserve bank; (v) referrals of violations of criminal conflict of interest statutes; (vi) ethics-related disciplinary records or adverse actions; (vii) ethics-related investigations, inquiries, or reviews; (viii) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Board or a Federal reserve bank; and (ix) any other ethics-related policies, procedures, practices, or program records of the Board or a Federal reserve bank, including— (I) any record relating to— (aa) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (bb) employee training and education related to any ethics-related policies, procedures, practices, or program; (cc) ethics waivers, authorizations, and approvals; (dd) non-Federally funded travel; (ee) any ethics-related annual questionnaires relating to the ethics program of the Board or a Federal reserve bank; and (ff) any other ethics-related policies, procedures, practices, or program of the Board or a Federal reserve bank; and (II) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (B) Exclusion of certain ethics-related information Notwithstanding subparagraph (A), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (2) Disclosure of ethics-related information to Members of Congress (A) In general Section 552 of title 5, United States Code, is not authority for the Board or a Federal reserve bank to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (B) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under subparagraph (A). (3) Priority of requests from Members of Congress Any request for ethics-related information from the Board or a Federal reserve bank under section 552 of title 5, United States Code, made by a Member of Congress— (A) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (B) shall be processed without charging any fee to the Member of Congress. (4) Common law privileges Notwithstanding any other provision of law, the Board or a Federal reserve bank may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (5) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Board or a Federal reserve bank, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (A) have responsibility for the maintenance and security of those materials; and (B) ensure that— (i) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (ii) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Board or the Federal reserve bank, as applicable; (iii) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (iv) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (6) Standing Any Member of Congress who makes a request for ethics-related information from the Board or a Federal reserve bank under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Board or the Federal reserve bank, as applicable, from withholding records of the Board or the Federal reserve bank, as applicable, and to order the production of any records of the Board or the Federal reserve bank, as applicable, improperly withheld from the Member of Congress in the same manner as any other person under that section. . 3. Congressional FOIA requests for ethics-related information from other financial regulatory agencies (a) Bureau of Consumer Financial Protection Subtitle A of title X of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5491 et seq. 12 U.S.C. 5496b 1016C. Congressional FOIA requests for ethics-related information from the Bureau (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Bureau; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Bureau; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Bureau; and (I) any other ethics-related policies, procedures, practices, or program records of the Bureau, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Bureau; and (VI) any other ethics-related policies, procedures, practices, or program of the Bureau; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Bureau to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Bureau under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Bureau may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Bureau, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Bureau; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Bureau under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Bureau from withholding records of the Bureau and to order the production of any records of the Bureau improperly withheld from the Member of Congress in the same manner as any other person under that section. . (b) Federal Deposit Insurance Corporation The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. 52. Congressional FOIA requests for ethics-related information from the Corporation (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Corporation; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Corporation; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Corporation; and (I) any other ethics-related policies, procedures, practices, or program records of the Corporation, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Corporation; and (VI) any other ethics-related policies, procedures, practices, or program of the Corporation; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Corporation to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Corporation under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Corporation may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Corporation, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Corporation; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Corporation under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Corporation from withholding records of the Corporation and to order the production of any records of the Corporation improperly withheld from the Member of Congress in the same manner as any other person under that section. . (c) Securities and Exchange Commission The Securities Exchange Act of 1934 ( 12 U.S.C. 78a et seq. 12 U.S.C. 78d–5 4F. Congressional FOIA requests for ethics-related information from the Commission (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Commission; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Commission; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Commission; and (I) any other ethics-related policies, procedures, practices, or program records of the Commission, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Commission; and (VI) any other ethics-related policies, procedures, practices, or program of the Commission; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Commission to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Commission under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Commission may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Commission, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Commission; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Commission under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Commission from withholding records of the Commission and to order the production of any records of the Commission improperly withheld from the Member of Congress in the same manner as any other person under that section. . (d) National Credit Union Administration Title I of the Federal Credit Union Act ( 12 U.S.C. 1752 et seq. 132. Congressional FOIA requests for ethics-related information from the Administration (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Administration; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Administration; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Administration; and (I) any other ethics-related policies, procedures, practices, or program records of the Administration, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Administration; and (VI) any other ethics-related policies, procedures, practices, or program of the Administration; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Administration to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Administration under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Administration may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Administration, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Administration; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Administration under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Administration from withholding records of the Administration and to order the production of any records of the Administration improperly withheld from the Member of Congress in the same manner as any other person under that section. . (e) Office of the Comptroller of the Currency The Revised Statutes of the United States is amended by inserting after section 333 ( 12 U.S.C. 14 334. Congressional FOIA requests for ethics-related information from the Office of the Comptroller of the Currency (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Office of the Comptroller of the Currency (in this section referred to as the Office (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Office; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Office; and (I) any other ethics-related policies, procedures, practices, or program records of the Office, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Office; and (VI) any other ethics-related policies, procedures, practices, or program of the Office; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Office to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Office under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Office may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Office, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Office; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Office under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Office from withholding records of the Office and to order the production of any records of the Office improperly withheld from the Member of Congress in the same manner as any other person under that section. . (f) Federal Housing Finance Agency Part 1 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4511 et seq. 1319H. Congressional FOIA requests for ethics-related information from the Agency (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Agency; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Agency; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Agency; and (I) any other ethics-related policies, procedures, practices, or program records of the Agency, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Agency; and (VI) any other ethics-related policies, procedures, practices, or program of the Agency; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Agency to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Agency under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Agency may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Agency, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Agency; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Agency under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Agency from withholding records of the Agency and to order the production of any records of the Agency improperly withheld from the Member of Congress in the same manner as any other person under that section. . 4. Presidential appointment of Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection (a) Amendments to the Inspector General Act of 1978 The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G— (A) in subsection (a)(2), by striking the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, (B) in subsection (c), by striking the third and fourth sentences; and (C) in subsection (g)— (i) by striking paragraph (3); and (ii) by redesignating paragraph (4) as paragraph (3); (2) in section 8J, by striking or 8N 8K, or 8N (3) by inserting after section 8J the following: 8K. Special provisions concerning the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection (a) In general The Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall have all of the authorities and responsibilities provided by this Act— (1) with respect to the Bureau of Consumer Financial Protection, as if the Bureau were part of the Board of Governors of the Federal Reserve System; and (2) with respect to a Federal reserve bank without the permission of the Federal reserve bank. (b) Relationship to Department of Treasury The provisions of subsection (a) of section 8D (other than the provisions of subparagraphs (A), (B), (C), and (E) of subsection (a)(1)) shall apply to the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection and the Chairman of the Board of Governors of the Federal Reserve System in the same manner as such provisions apply to the Inspector General of the Department of the Treasury and the Secretary of the Treasury, respectively. ; and (4) in section 12— (A) in paragraph (1), by inserting the Chairman of the Board of Governors of the Federal Reserve System; National Security Agency; (B) in paragraph (2), by inserting the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, National Security Agency,

Financial Regulators Transparency Act of 2022

Immigration Parole Reform Act of 2022 This bill limits the authority of the Department of Homeland Security to grant immigration parole (i.e., give official permission for an individual to enter and temporarily remain in the United States). For example, this bill (1) limits what qualifies as an urgent humanitarian reason or a significant public benefit that would justify granting parole, and (2) prohibits granting parole based on an individual's membership in a defined class of individuals.

117 S5301 IS: Immigration Parole Reform Act of 2022 U.S. Senate 2022-12-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 5301 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Grassley Committee on the Judiciary A BILL To amend section 212(d)(5) of the Immigration and Nationality Act to reform immigration parole, and for other purposes. 1. Short title This Act may be cited as the Immigration Parole Reform Act of 2022 2. Immigration parole reform Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) (5) (A) Except as provided in subparagraph (B) or section 214(f), the Secretary of Homeland Security, in the discretion of the Secretary, may temporarily parole into the United States any alien applying for admission to the United States who is not present in the United States, under such conditions as the Secretary may prescribe, on a case-by-case basis, and not according to eligibility criteria describing an entire class of potential parole recipients, for urgent humanitarian reasons or significant public benefit. Parole granted under this subparagraph may not be regarded as an admission of the alien. When the purposes of such parole have been served in the opinion of the Secretary, the alien shall immediately return or be returned to the custody from which the alien was paroled. After such return, the case of the alien shall be dealt with in the same manner as the case of any other applicant for admission to the United States. (B) The Secretary of Homeland Security may grant parole to any alien who— (i) is present in the United States without lawful immigration status; (ii) is the beneficiary of an approved petition under section 203(a); (iii) is not otherwise inadmissible or removable; and (iv) is the spouse or child of a member of the Armed Forces serving on active duty. (C) For purposes of determining an alien's eligibility for parole under subparagraph (A), an urgent humanitarian reason shall be limited to circumstances in which— (i) (I) the alien has a medical emergency; and (II) (aa) the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or (bb) the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process; (ii) the alien is the parent or legal guardian of an alien described in clause (i) and the alien described in clause (i) is a minor; (iii) the alien is needed in the United States in order to donate an organ or other tissue for transplant and there is insufficient time for the alien to be admitted through the normal visa process; (iv) the alien has a close family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted through the normal visa process; (v) the alien is seeking to attend the funeral of a close family member and the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted through the normal visa process; (vi) the alien is an adopted child with an urgent medical condition who is in the legal custody of the petitioner for a final adoption-related visa and whose medical treatment is required before the expected award of a final adoption-related visa; or (vii) the alien is a lawful applicant for adjustment of status under section 245 and is returning to the United States after temporary travel abroad. (D) For purposes of determining an alien's eligibility for parole under subparagraph (A), a significant public benefit may be determined to result from the parole of an alien only if— (i) the alien has assisted (or will assist, whether knowingly or not) the United States Government in a law enforcement matter; (ii) the alien’s presence is required by the Government in furtherance of such law enforcement matter; and (iii) the alien is inadmissible, does not satisfy the eligibility requirements for admission as a nonimmigrant, or there is insufficient time for the alien to be admitted through the normal visa process. (E) For purposes of determining an alien's eligibility for parole under subparagraph (A), the term case-by-case basis case-by-case basis (F) The Secretary of Homeland Security may not use the parole authority under this paragraph— (i) to allow an alien who is the beneficiary of a pending or approved immigrant petition to enter the United States (except as otherwise authorized under this paragraph) before an immigrant visa is issued to such alien; (ii) to parole into the United States aliens entering for the purpose of performing skilled or unskilled labor; (iii) to parole into the United States aliens seeking to undertake activities described in existing nonimmigrant classifications, including by paroling aliens seeking to undertake activities authorized under section 101(a)(15)(B) and who are nationals of a country that has not been designated as a program country under section 212(l) or 217; (iv) to parole into the United States an alien who is a refugee or who is described in a designated class of aliens granted access to the United States Refugee Admissions Program, unless such alien may otherwise be paroled under this paragraph; or (v) to parole an alien into the United States for any reason or purpose other than those described in subparagraphs (C) and (D). (G) Parole granted after a departure from the United States shall not be regarded as an admission of the alien. An alien granted parole, whether as an initial grant of parole or parole upon reentry into the United States, is not eligible to adjust status to lawful permanent residence or for any other immigration benefit if the immigration status the alien had at the time of departure did not authorize the alien to adjust status or to be eligible for such benefit. (H) (i) Except as provided in clauses (ii) and (iii), parole shall be granted to an alien under this paragraph for the shorter of— (I) a period of sufficient length to accomplish the activity described in subparagraph (C) or (D) for which the alien was granted parole; or (II) 1 year. (ii) Grants of parole pursuant to subparagraph (A) may be extended once, in the discretion of the Secretary, for an additional period that is the shorter of— (I) the period that is necessary to accomplish the activity described in subparagraph (C) or (D) for which the alien was granted parole; or (II) 1 year. (iii) Aliens who have a pending application to adjust status to permanent residence under section 245 may request extensions of parole under this paragraph, in 1-year increments, until the application for adjustment has been adjudicated. Such parole shall terminate immediately upon the denial of such adjustment application. (I) Not later than 90 days after the last day of each fiscal year, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (i) identifying the total number of aliens paroled into the United States under this paragraph during the previous fiscal year; and (ii) containing information and data regarding all aliens paroled during such fiscal year, including— (I) the duration of parole; (II) the type of parole; and (III) the current status of the aliens so paroled. . 3. Implementation (a) In general Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of the enactment of this Act. (b) Exceptions Notwithstanding subsection (a)— (1) any application for parole or advance parole filed by an alien before the date of the enactment of this Act shall be adjudicated under the law that was in effect on the date on which the application was properly filed and any approved advance parole shall remain valid under the law that was in effect on the date on which the advance parole was approved; (2) section 212(d)(5)(G) of the Immigration and Nationality Act, as added by section 2(b), shall take effect on the date of the enactment of this Act; and (3) the provisions of this Act, and the amendments made by this Act, affecting aliens who were paroled into the United States pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) 4. Cause of action Any person, State, or local government that experiences financial harm in excess of $1,000 due to a failure of the Federal Government to lawfully apply the provisions of this Act or the amendments made by this Act shall have standing to bring a civil action against the Federal Government in an appropriate district court of the United States. 5. Severability If any provision of this Act or any amendment by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of such provision or amendment to any other person or circumstance shall not be affected.

Immigration Parole Reform Act of 2022

Health Savings Accounts For All Act of 2022 This bill revises provisions relating to health savings accounts (HSAs). Specifically, the bill increases the annual limitation on tax-deductible contributions to HSAs by plan participants and their employers; eliminates the requirement that an HSA participant must be enrolled in a high deductible health plan as a condition of eligibility; allows payments from HSAs for health insurance premiums and primary care service arrangements; allows payment of medical expenses incurred prior to the establishment of an HSA and correction of administrative errors prior to the due date of an applicable tax return; allows a tax-free rollover of amounts in an HSA, upon the death of an account holder, to the account holder's child, parent, or grandparent; allows payments from HSAs for vitamins, dietary supplements, gym membership, and wearable fitness trackers; and extends bankruptcy protections to HSAs on the same basis as tax-preferred retirement plans.

117 S5302 IS: Health Savings Accounts For All Act of 2022 U.S. Senate 2022-12-20 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. 5302 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Paul Ms. Lummis Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the limitations on contributions to health savings accounts, and for other purposes. 1. Short title This Act may be cited as the Health Savings Accounts For All Act of 2022 2. Increase in contribution limitations (a) In general Subsection (b) of section 223 (1) in paragraph (1), by striking the sum of an amount equal to the applicable dollar amount under paragraph (1)(B) of section 402(g) (as adjusted pursuant to paragraph (4) of such section) with respect to such taxable year. (2) by striking paragraphs (2), (3), (5), (7), and (8), (3) by inserting after paragraph (1) the following: (2) Additional contributions for individuals 50 or older In the case of an individual who has attained age 50 before the close of the taxable year, the amount of the limitation under paragraph (1) shall be increased by an amount equal to the applicable dollar amount under subparagraph (B)(i) of section 414(v)(2) (as adjusted pursuant to subparagraph (C) of such section). , (4) in paragraph (4), by striking the flush matter following subparagraph (C), and (5) by redesignating paragraphs (4) and (6) as paragraphs (3) and (4), respectively. (b) Conforming amendments (1) Subparagraph (A) of section 223(d)(1) the sum of— the amount determined under subsection (b)(1). (2) Subsection (g) of section 223 of such Code is amended— (A) by striking subsections (b)(2) and (c)(2)(A) subsection (c)(2)(A) (B) by amending subparagraph (B) to read as follows: (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2003 calendar year 2016 . (3) Section 26(b)(2)(S) of such Code is amended by striking , 223(b)(8)(B)(i)(II), (4) Section 408(d)(9)(C)(i)(I) of such Code is amended by striking computed on the basis of the type of coverage under the high deductible health plan covering the individual (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Freedom from mandate (a) In general Section 223 (b) Conforming amendments (1) Subsection (a) of section 223 (a) Deduction allowed In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a health savings account of such individual. . (2) Subsection (c)(1)(A) of section 223 of such Code, as amended by section 2 and redesignated by subsection (a), is further amended by striking subsection (f)(4) subsection (e)(4) (3) Subparagraph (U) of section 26(b)(2) of such Code, as amended by section 2, is further amended by striking section 223(f)(3) section 223(e)(3) (4) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(B)(v), 4973(a)(5), and 6051(a)(12) of such Code are each amended by striking section 223(d) section 223(c) (5) Section 106(d)(1) of such Code is amended— (A) by striking who is an eligible individual (as defined in section 223(c)(1)) (B) by striking section 223(d) section 223(c) (6) Section 106(e) of such Code is amended— (A) by striking paragraphs (3) and (4) and by redesignating paragraph (5) as paragraph (4), (B) by inserting after paragraph (2) the following new paragraph: (3) Treatment as rollover contribution A qualified HSA distribution shall be treated as a rollover contribution described in section 223(e)(4). , and (C) by striking to any eligible individual covered under a high deductible health plan of the employer to any employee with respect to whom a health savings account has been established (7) Section 408(d)(9)(A) of such Code is amended by striking who is an eligible individual (as defined in section 223(c)) and (8) Section 877A(g)(6) of such Code is amended by striking 223(f)(4) 223(e)(4) (9) Section 4973(g) of such Code is amended— (A) by striking section 223(d) section 223(c) (B) in paragraph (1), by striking or 223(f)(5) or 223(e)(5) (C) in paragraph (2)(A), by striking section 223(f)(2) section 223(e)(2) (D) in the flush matter at the end, by striking section 223(f)(3) section 223(e)(3) (10) Section 4975 of such Code is amended— (A) in subsection (c)(6)— (i) by striking section 223(d) section 223(c) (ii) by striking section 223(e)(2) section 223(d)(2) (B) in subsection (e)(1)(E), by striking section 223(d) section 223(c) (11) Subsection (b) of section 4980G of such Code is amended to read as follows: (b) Rules and requirements (1) In general An employer meets the requirements of this subsection for any calendar year if the employer makes available comparable contributions to the health savings accounts of all comparable participating employees for each coverage period during such calendar year. (2) Comparable contributions (A) In general For purposes of paragraph (1), the term comparable contributions (i) which are the same amount, or (ii) if the employees are covered by a health plan, which are the same percentage of the annual deductible limit under the plan covering the employees. (B) Part-year employees In the case of an employee who is employed by the employer for only a portion of the calendar year, a contribution to the health savings account of such employee shall be treated as comparable if it is an amount which bears the same ratio to the comparable amount (determined without regard to this subparagraph) as such portion bears to the entire calendar year. (3) Comparable participating employees For purposes of paragraph (1), the term comparable participating employees (4) Part-time employees (A) In general Paragraph (3) shall be applied separately with respect to part-time employees and other employees. (B) Part-time employee For purposes of subparagraph (A), the term part-time employee . (12) Section 4980G(d) of such Code is amended by striking section 4980E this section (13) Section 6693(a)(2)(C) of such Code is amended by striking section 223(h) section 223(f) (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 4. Amounts paid for health insurance or direct primary care service arrangement (a) In general Paragraph (2) of section 223(c) (1) in subparagraph (A), by inserting or pursuant to an arrangement under which an individual is provided coverage restricted to primary care services in exchange for a fixed periodic fee or payment for primary care services menstrual care products (2) by striking subparagraphs (B) and (C), and (3) by redesignating subparagraph (D) as subparagraph (B). (b) Conforming amendment Paragraph (2) of section 223(c) and any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual, and any child (as defined in section 152(f)(1)) of such individual who has not attained the age of 27 before the end of such individual's taxable year (c) Technical amendments (1) Section 220(d)(2)(A) section 223(d)(2)(D) section 223(c)(2)(B) (2) Subsection (f) of section 106 section 223(d)(2)(D) section 223(c)(2)(B) (d) Effective dates (1) In general The amendments made by subsections (a) and (b) shall apply with respect to amounts paid after the date of the enactment of this Act in taxable years beginning after such date. (2) Technical amendments The amendments made by subsection (c) shall apply with respect to taxable years beginning after the date of enactment of this Act. 5. Special rule for certain medical expenses incurred before establishment of account (a) In general Paragraph (2) of section 223(c) (C) Certain medical expenses incurred before establishment of account treated as qualified An expense shall not fail to be treated as a qualified medical expense solely because such expense was incurred before the establishment of the health savings account if such expense was incurred— (i) during either— (I) the taxable year in which the health savings account was established, or (II) the preceding taxable year, in the case of a health savings account established after the taxable year in which such expense was incurred but before the time prescribed by law for filing the return for such taxable year (not including extensions thereof), and (ii) for medical care which (but for the fact that it was incurred before the establishment of the account) otherwise meets the requirements of the preceding subparagraphs. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 6. Administrative error correction before due date of return (a) In general Paragraph (4) of section 223(e) (D) Exception for administrative errors corrected before due date of return Subparagraph (A) shall not apply if any payment or distribution is made to correct an administrative, clerical, or payroll contribution error and if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 7. Allowing HSA rollover to child or parent of account holder (a) In general Paragraph (8)(A) of section 223(e) (1) by inserting , child, parent, or grandparent surviving spouse (2) by inserting , child, parent, or grandparent, as the case may be, the spouse (3) by inserting , child, parent, or grandparent spouse (4) by adding at the end the following: In the case of a child who acquires such beneficiary’s interest and with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins, such health savings account shall be treated as a health savings account of such child. (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 8. Coverage for amounts paid for vitamins, dietary supplements, gym memberships, and wearable fitness trackers (a) In general Paragraph (2) of section 223(c) (1) in subparagraph (A), by inserting , qualified wellness expenses, menstrual care products (2) by adding at the end the following: (C) Qualified wellness expenses For purposes of this paragraph, the term qualified wellness expenses (i) vitamins, (ii) dietary supplements (as defined in section 201(ff) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff) (iii) membership at a gym or fitness facility, or (iv) wearable fitness trackers. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 9. Equivalent bankruptcy protections for health savings accounts as retirement funds (a) In general Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: (r) Treatment of health savings accounts For purposes of this section, any health savings account (as described in section 223 . (b) Effective date The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act.

Health Savings Accounts For All Act of 2022

Health Marketplace for All Act of 2022 This bill permits entities such as self-employed companies and membership organizations to form health marketplace pools to offer large group health insurance plans as a single employer. (In general, large group health plans cover employees of an employer that has 51 or more employees; in some states, large groups are defined as 101 employees or more.) Subject to specified nondiscrimination rules related to preexisting conditions and health status, health marketplace pools must offer plans to all members or employees of the pool on an equal basis. Health marketplace pools are not considered joint employers for the purpose of other federal labor or employment laws.

117 S5303 IS: Health Marketplace for All Act of 2022 U.S. Senate 2022-12-20 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. 5303 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Paul Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 to allow health marketplace pools to be deemed an employer under section 3(5) of such Act for purposes of offering a group health plan or group health insurance coverage, and for other purposes. 1. Short title This Act may be cited as the Health Marketplace for All Act of 2022 2. Health marketplace pools deemed an employer (a) Definition of employer Section 3(5) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(5) Such term shall be deemed to include, for purposes of offering a group health plan (as defined in section 733(a)(1)) or group health insurance coverage (as defined in section 733(b)(4)) (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with section 736(b)(5)(B)), any entity that meets the requirements under section 736(b). (b) Group health plans and group health insurance coverage Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq. 736. Health marketplace pools deemed an employer (a) In general An entity (referred to in this section as a health marketplace pool (b) Requirements for health marketplace pools The requirements under this subsection are each of the following: (1) Organization The health marketplace pool shall— (A) be formed and maintained in good faith for a purpose that includes the formation of a risk pool in order to offer group health insurance coverage or a group health plan to its members; and (B) not condition membership in the health marketplace pool on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee). (2) Offering group health plans and group health insurance coverage (A) Different groups (i) In general The health marketplace pool, which may be in conjunction with a health insurance issuer that offers group health insurance coverage through the health marketplace pool, shall make available a group health plan or group health insurance coverage to all members of the health marketplace pool (and, in the case of members that are employers, employees of the employers) at rates that— (I) are established by the health marketplace pool, or a health insurance issuer contracting with such health marketplace pool, on a policy or product specific basis; and (II) subject to sections 701 and 702, may vary for individuals covered through the health marketplace pool. (ii) Permissible coverage for dependents Such group health plan or group health insurance coverage may be made available under clause (i) to any dependents of members of the health marketplace pool or dependents of employees of employers that are such members. (B) Nondiscrimination in coverage offered (i) In general Subject to clause (ii), the health marketplace pool may not offer coverage under a group health plan or group health insurance coverage to a member of the health marketplace pool unless the same coverage is offered to all such members of the health marketplace pool. (ii) Construction Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. (C) Assumption of risk The health marketplace pool may provide— (i) group health insurance coverage through a contract with a health insurance issuer; or (ii) a group health plan through self-insurance. (3) Geographic areas Nothing in this subsection shall be construed as preventing the establishment and operation of more than 1 health marketplace pool in a geographic area or as limiting the number of health marketplace pools that may operate in any area. (4) Provision of administrative services to purchasers The health marketplace pool may provide administrative services for members. Such services may include accounting, billing, and enrollment information. (5) Drug coverage The group health plan or group health insurance coverage offered by the health marketplace pool may offer— (A) drug coverage, including coverage of over-the-counter drugs, in combination with other benefits covered by the group health plan or group health insurance coverage; or (B) notwithstanding any other provision of law, drug coverage, including coverage of over-the-counter drugs, as the only benefit covered by the group health plan or group health insurance coverage. (6) Members (A) In general With respect to an individual who is a member of the health marketplace pool— (i) the individual may enroll for coverage under the group health plan or group health insurance coverage offered by the health marketplace pool (including, if applicable, enrollment for coverage for a dependent of such individual); or (ii) the employer of the individual may enroll the individual for coverage under the group health plan or group health insurance coverage offered by the health marketplace pool (including, if applicable, enrollment for coverage for a dependent of such individual). (B) Eligibility An individual shall be eligible to be a member of the health marketplace pool if such individual is— (i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); (ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or (iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). (C) Rules for enrollment Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members. Such rules shall be applied consistently to all members within the health marketplace pool and shall not be based in any manner on health status-related factors in accordance with sections 701 and 702. (c) Determination of employer and joint employer status Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law— (1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or (2) a joint employer relationship for any purpose. (d) Definition In this section, the term dependent . 3. Conforming amendments Section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 (1) in paragraph (6), by inserting before the period , except (with respect to an entity meeting the requirements under section 736(b)) such term includes any member of such entity (2) in paragraph (21)— (A) in subparagraph (A), by striking subparagraph (B) subparagraphs (B) and (C) (B) by adding at the end the following: (C) With respect to a person that is a member of an entity (referred to in section 736 and this subparagraph as a health marketplace pool ; and (3) in paragraph (40)(A)— (A) in clause (ii), by striking , or , (B) in clause (iii), by striking the period and inserting , or (C) by adding at the end the following: (iv) as a group health plan (as defined in section 733(a)(1)), or group health insurance coverage (as defined in section 733(b)(4)), offered by an entity meeting the requirements under section 736(b) (which, notwithstanding any other provision of law, may include such an entity offering such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage). .

Health Marketplace for All Act of 2022

Stop Arctic Ocean Drilling Act of 2022 This bill limits oil and gas leasing in Arctic areas of the Outer Continental Shelf (OCS). Specifically, the bill prohibits the Department of the Interior from issuing or extending a lease or any other authorization for the exploration, development, or production of oil, natural gas, or any other mineral in Arctic areas of the OCS. In addition, the bill declares that it is the policy of the United States that the Arctic Ocean should be managed for the best interests of the people of the United States, including by keeping fossil fuels in the ground to avoid the dangerous impacts of climate change.

117 S5305 IS: Stop Arctic Ocean Drilling Act of 2022 U.S. Senate 2023-12-20 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. 5305 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Merkley Ms. Warren Mr. Wyden Mr. Blumenthal Mr. Sanders Mr. Menendez Mr. Markey Committee on Energy and Natural Resources A BILL To prohibit drilling in the Arctic Ocean. 1. Short title This Act may be cited as the Stop Arctic Ocean Drilling Act of 2022 2. Findings; statement of policy (a) Findings Congress finds that, as of the date of enactment of this Act— (1) global climate change is occurring due largely to anthropogenic emissions of greenhouse gases and will continue to pose ongoing risks and challenges to the people and the Government of the United States; (2) the evidence of impacts and dangers of climate change are supported by numerous reports and panels, such as— (A) the 2018 National Climate Assessment; (B) the 2018 Intergovernmental Panel on Climate Change special report, which details significant economic and ecological damage from a 1.5 degree Celsius increase in temperature; and (C) the 2018 United States Geological Survey Scientific Investigations Report, which highlights that developments on Federal land account for a significant quantity of greenhouse gas emissions; (3) (A) the average temperature in the United States during the decade preceding the date of enactment of this Act was 0.8 degree Celsius (1.5 degrees Fahrenheit) warmer than the 1901–1960 average; and (B) that decade was the warmest on record both in the United States and globally; (4) the Arctic is warming at twice the rate of the rest of the planet; (5) a global temperature increase of 2 degrees Celsius will lead to increased droughts, rising seas, mass extinctions, heat waves, desertification, wildfires, and acidifying oceans; (6) delaying action on climate change will result in severe economic losses, and global mitigation costs increase by approximately 40 percent for each decade of delay; (7) at least 80 percent of the carbon from known fossil fuel reserves must not be released into the atmosphere to have an 80 percent chance of avoiding the worst effects of climate change stemming from a 2 degree Celsius change in global temperature; (8) developing oil and gas reserves in the Arctic Ocean is incompatible with staying within that global carbon budget and avoiding the worst effects of climate change; and (9) the Arctic Ocean is home to invaluable and fragile ecosystems, which are critical to— (A) marine mammals, including whales, walrus, ice seals, and polar bears; (B) fisheries; (C) migratory birds; (D) indigenous populations; and (E) subsistence hunters. (b) Statement of policy It is the policy of the United States that the Arctic Ocean should be managed for the best interests of the people of the United States, including by keeping fossil fuels in the ground to avoid the dangerous impacts of climate change. 3. Prohibition of oil and gas leasing in Arctic areas of the outer Continental Shelf Section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 (q) Prohibition of oil and gas leasing in Arctic areas of the outer Continental Shelf (1) Definition of Arctic In this subsection, the term Arctic 15 U.S.C. 4111 (2) Prohibition Notwithstanding any other provision of this Act or any other law, the Secretary of the Interior shall not issue or extend a lease or any other authorization for the exploration, development, or production of oil, natural gas, or any other mineral on Arctic areas of the outer Continental Shelf. .

Stop Arctic Ocean Drilling Act of 2022

Promoting a Resolution to the Tibet-China Conflict Act This bill addresses issues relating to Tibet, including by establishing a statutory definition of Tibet that includes areas in Chinese provinces outside the Tibet Autonomous Region (TAR). For the purposes of U.S. policies and activities relating to Tibet, this bill defines Tibet to include the TAR and the Tibetan areas of the Qinghai, Sichuan, Gansu, and Yunnan provinces. (Generally, when China's government refers to Tibet, it means only the TAR, while Tibetan exile groups consider historical Tibet to include the TAR as well as areas in the provinces included in this bill's definition. China's government formally established the TAR in 1965.) Furthermore, the objectives of the Office of the U.S. Special Coordinator for Tibetan Issues shall include working to ensure that U.S. government statements and documents counter disinformation about Tibet by China's government and the Chinese Communist Party, including disinformation about Tibet's history and institutions. The bill also authorizes the office to take other actions to counter such disinformation. This bill also states that it is U.S. policy that the conflict between Tibet and China is unresolved and that Tibet's legal status remains to be determined in accordance with international law.

117 S5306 IS: Promoting a Resolution to the Tibet-China Conflict Act U.S. Senate 2022-12-20 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. 5306 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Merkley Mr. Young Mr. Leahy Committee on Foreign Relations A BILL To amend the Tibetan Policy Act of 2002 to modify certain provisions of that Act. 1. Short title This Act may be cited as the Promoting a Resolution to the Tibet-China Conflict Act 2. Findings Congress finds the following: (1) It has been the long-standing policy of the United States to encourage meaningful and direct dialogue between People’s Republic of China authorities and the Dalai Lama or his representatives, without preconditions, to seek a settlement that resolves differences. (2) Ten rounds of dialogue held between 2002 and 2010 between the People’s Republic of China authorities and the 14th Dalai Lama’s representatives failed to produce a settlement that resolved differences, and the two sides have not met since January 2010. (3) An obstacle to further dialogue is that the Government of the People’s Republic of China continues to impose conditions on His Holiness the Dalai Lama for a resumption of dialogue, including a demand that he say that Tibet has been part of China since ancient times, which the Dalai Lama has refused to do because it is false. (4) United States Government statements that the United States considers Tibet a part of the People’s Republic of China have reflected the reality on the ground that the Government of the People’s Republic of China has exerted effective control over Tibet. (5) The United States Government has never taken the position that Tibet was a part of China since ancient times or that the means by which the Government of the People’s Republic of China came to exert effective control over Tibet was consistent with international law or included the free or meaningful consent of the Tibetan people. (6) United States Government documents dated January 9, 1919, June 1, 1944, June 17, 1949, April 4, 1951, December 3, 1951, March 23, 1961, and February 14, 1963, listed Tibet as an entity separate and distinct from China. (7) Article 1 of the International Covenant on Civil and Political Rights and Article 1 the International Covenant on Economic, Social and Cultural Rights provide that All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. (8) Under international law, including United Nations General Assembly Resolution 2625, the right to self-determination is the right of a people to determine its own destiny and the exercise of this right can result in a variety of outcomes ranging from independence, federation, protection, some form of autonomy or full integration within a State. (9) United Nations General Assembly Resolution 1723, adopted on December 20, 1961, called for the cessation of practices which deprive the Tibetan people of their fundamental human rights and freedoms, including their right to self-determination. (10) In a December 30, 1950, note to the Governments of the United Kingdom and India, the Department of State wrote that The United States, which was one of the early supporters of the principle of self-determination of peoples, believes that the Tibetan people has the same inherent right as any other to have the determining voice in its political destiny. It is believed further that, should developments warrant, consideration could be given to recognition of Tibet as an independent State. (11) In a June 2, 1951, telegram to the United States Embassy in New Delhi, the State Department wrote that Tibet should not be compelled by duress [to] accept [the] violation [of] its autonomy enjoy certain rights [of] self-determination, commensurate with [the] autonomy Tibet has maintained since [the] Chinese revolution. (12) Secretary of State Antony Blinken, in a May 26, 2022, speech entitled The Administration’s Approach to the People’s Republic of China, founding documents include the UN Charter and the Universal Declaration of Human Rights, which enshrined concepts like self-determination, sovereignty, the peaceful settlement of disputes. These are not Western constructs. They are reflections of the world’s shared aspirations. (13) The Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 to promote the human rights and distinct religious, cultural, linguistic, and historical identity of the Tibetan people (14) Department of State reports on human rights and religious freedom have consistently documented repression by the People’s Republic of China authorities against Tibetans as well as acts of defiance and resistance by Tibetan people against the People’s Republic of China policies. (15) Section 355 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 ( Public Law 102–138 (A) Tibet, including those areas incorporated into the Chinese provinces of Sichuan, Yunnan, Gansu, and Qinghai, is an occupied country under the established principles of international law (B) Tibet’s true representatives are the Dalai Lama and the Tibetan Government in exile as recognized by the Tibetan people (C) Tibet has maintained throughout its history a distinctive and sovereign national, cultural, and religious identity separate from that of China and, except during periods of illegal Chinese occupation, has maintained a separate and sovereign political and territorial identity (D) historical evidence of this separate identity may be found in Chinese archival documents and traditional dynastic histories, in United States recognition of Tibetan neutrality during World War II, and in the fact that a number of countries including the United States, Mongolia, Bhutan, Sikkim, Nepal, India, Japan, Great Britain, and Russia recognized Tibet as an independent nation or dealt with Tibet independently of any Chinese government (E) 1949–1950, China launched an armed invasion of Tibet in contravention of international law (F) it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another (G) numerous United States declarations since the Chinese invasion have recognized Tibet's right to self-determination and the illegality of China's occupation of Tibet. (16) The joint explanatory statement to accompany division K of the Consolidated Appropriations Act for Fiscal Year 2022 ( Public Law 117–103 Funds appropriated by the Act should not be used to produce or disseminate documents, maps, or other materials that recognize or identify Tibet, including the Tibet Autonomous Region and other Tibetan autonomous counties and prefectures, as part of the PRC until the Secretary of State reports to the appropriate congressional committees that the Government of the PRC has reached a final negotiated agreement on Tibet with the Dalai Lama or his representatives or with democratically elected leaders of the Tibetan people. 3. Statement of policy It is the policy of the United States that— (1) the Tibetan people are a people entitled to the right of self-determination under international law, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and that their ability to exercise this right is precluded by the current policies of the People’s Republic of China; and (2) the conflict between Tibet and the People’s Republic of China is unresolved, and that the legal status of Tibet remains to be determined in accordance with international law. 4. Sense of Congress It is the sense of Congress that— (1) claims made by officials of the People’s Republic of China and the Chinese Communist Party that Tibet has been a part of China since ancient times are historically false; (2) the Government of the People’s Republic of China has failed to meet the expectations of the United States to engage in meaningful dialogue with the Dalai Lama or his representatives toward a peaceful settlement of the unresolved conflict between Tibet and the People’s Republic of China; and (3) United States public diplomacy efforts should counter disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama. 5. Modifications to the Tibetan Policy Act of 2002 (a) Tibet negotiations Section 613(b) of the Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 (1) in paragraph (2), by striking and (2) in paragraph (3), by striking the period at the end and inserting ; and (3) by adding at the end the following: (4) efforts to counter disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama. . (b) United States Special Coordinator for Tibetan Issues Section 621(d) of the Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 (1) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (2) by inserting after paragraph (5) the following: (6) work to ensure that United States Government statements and documents counter, as appropriate, disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama; . (c) Geographic definition of Tibet The Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 622. Geographic definition of Tibet In this Act and in implementing policies relating to the Tibetan people under other provisions of law, the term ‘Tibet’, unless otherwise specified, means— (1) the Tibet Autonomous Region; and (2) the Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces. . 6. Availability of amounts to counter disinformation about Tibet Amounts authorized to be appropriated or otherwise made available to carry out section 201(c) of the Asia Reassurance Initiative Act of 2018 ( 22 U.S.C. 2292 et seq.

Promoting a Resolution to the Tibet-China Conflict Act

Fair Play for Women Act This bill addresses issues concerning sex discrimination in sports. For example, the bill prohibits intercollegiate athletic associations from engaging in certain acts of sex discrimination, including discrimination through (1) the rules it sets for intercollegiate athletics; (2) the facilities, amenities, and goods or services provided for competitions; or (3) the distribution of revenues or other benefits. The bill also requires institutions of higher education to periodically report to the Department of Education certain data related to men's and women's sports programs.

117 S5307 IS: Fair Play for Women Act U.S. Senate 2022-12-20 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. 5307 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Murphy Committee on Health, Education, Labor, and Pensions A BILL To prohibit certain discrimination against athletes on the basis of sex by intercollegiate athletic associations, and for other purposes. 1. Short title This Act may be cited as the Fair Play for Women Act 2. Findings Congress finds the following: (1) 50 years ago, Congress passed title IX of the Education Amendments of 1972 (referred to in this section as title IX (2) Since the passage of title IX, millions more women and girls have had the opportunity to compete in interscholastic athletics. At the high school level, athletic participation opportunities have increased from nearly 300,000 in 1972 to more than 3,400,000 in 2019. At the collegiate level, opportunities have increased from nearly 30,000 in 1972 to 215,000 in 2020 on teams sponsored by institutions who are members of the National Collegiate Athletic Association (referred to in this section as the NCAA (3) Despite progress, women and girls still face unequal opportunities. At the high school level, girls have over 1,000,000 fewer athletic opportunities than boys, with schools providing girls with 43 percent of all athletic opportunities while girls represent nearly half of all students. At the collegiate level, colleges would need to provide women with an additional 148,000 sports opportunities to match the same ratio of sports opportunities per student as is offered to men. (4) Girls of color are often most impacted by inequitable opportunities. At high schools predominantly attended by White students, girls have 82 percent of the opportunities that boys have to play sports, while at high schools predominantly attended by students of color, girls have only 67 percent of the opportunities that boys have to play sports. (5) The magnitude of current gaps in intercollegiate participation opportunities is likely undercounted, as investigations of intercollegiate athletics data have found that the majority of NCAA member institutions inflate the number of women participating in sports by double- and triple-counting women athletes who participate in more than one sport more often than the institutions double- and triple-count their male counterparts, counting male practice players on women’s teams as women athletes, and packing women’s teams with extra players who never end up competing. (6) Women and girls in sports also face unequal treatment. They are frequently provided worse facilities, equipment, and uniforms than men and boys, and they receive less financial support and publicity from their schools, as women receive $240,000,000 less than men in athletic-based scholarships annually. For every dollar colleges spend on recruiting, travel, and equipment for men’s sports, they spend 58 cents, 62 cents, and 73 cents, respectively, for women’s sports. (7) Amid ongoing inequitable treatment, athletes and athletics-related staff too often are unaware of the rights and obligations that are described in or come from title IX. In surveys of children and their parents, the majority report not knowing what title IX is. A study conducted by the Government Accountability Office in 2017 found that the majority of high school athletic administrators were unaware of who their title IX coordinator was or felt unsupported by their title IX coordinator. In collegiate sports, the majority of coaches report that they never received formal training about title IX as part of the preparation for their jobs. 3. Purposes The purposes of this Act are to— (1) address inequitable and discriminatory treatment of women and girls in sports in elementary and secondary schools, as well as institutions of higher education; and (2) improve the collection and transparency of data pertaining to participation in and support for women’s and girls’ sports at schools receiving Federal financial assistance. 4. Discrimination by intercollegiate athletic associations (a) In general No intercollegiate athletic association shall, on the basis of sex, subject any athlete to discrimination with respect to intercollegiate athletics, including discrimination through— (1) the rules it sets for intercollegiate athletics; (2) the sports required for association membership or the sports sponsored for association competitions or supported with association championships; (3) the location, facilities, or amenities provided for association competitions or championships; (4) the provision or arrangement for the provision of goods or services (including benefits) for association competitions or championships; or (5) the distribution of revenues or other benefits to association members or institutions under the authority of the association. (b) Private right of action A covered institution of higher education that is a member of or under the authority of an intercollegiate athletic association, or an individual who applies to participate, participates, or previously participated in intercollegiate athletics, at a covered institution of higher education that is a member of or under the authority of an intercollegiate athletic association, may bring an action in any Federal or State court of competent jurisdiction against the intercollegiate athletic association to remedy a violation of this section. The court may award such legal or equitable relief as may be appropriate for such a violation. The legal relief may include compensatory damages for emotional distress, humiliation, or pain and suffering. (c) Training Each intercollegiate athletic association shall ensure that each employee of the association receives, at least once per year, training on the provisions of this section, including the rights delineated under this section and the procedures for bringing actions under this section. (d) Definitions In this section: (1) Covered institution of higher education The term covered institution of higher education 20 U.S.C. 1687(2)(A) (2) Intercollegiate athletic association The term intercollegiate athletic association (A) governs competitions among, or otherwise exercises authority over intercollegiate athletics at, such institutions of higher education who are members of or under the authority of the intercollegiate athletic association; and (B) is engaged in commerce or an industry or activity affecting commerce. 5. Expanding equity in athletics disclosure requirements (a) Institutions of higher education Section 485(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(g) (1) in paragraph (1)— (A) in subparagraph (B), by striking clause (i) and inserting the following: (i) The total number of participants, by team. ; (B) in subparagraph (C)— (i) by striking The total amount (i) The total amount (ii) by adding at the end the following: (ii) For each men’s and women’s sport— (I) the total amount of athletically related student aid; (II) the total number of athletically related scholarships, and the average amount of such scholarships; (III) the total number of athletically related scholarships that fund the full cost of tuition at the institution; (IV) the total number of athletically related scholarships that fund the full cost of attendance for the athlete; (V) the total number of athletically related scholarships awarded for a period equal to or less than one year; and (VI) the total number of athletically related scholarships awarded for a period equal to or greater than 4 academic years. ; (C) in subparagraph (E), by inserting and disaggregated by each men’s sport and each women’s sport (D) in subparagraph (G), by inserting (which, for purposes of this subparagraph, includes compensation, bonuses, benefits, and buyouts paid to coaches and reportable by the institution or related entities, including booster clubs and foundations) of the head coaches of men's teams (E) in subparagraph (H), by inserting (which, for purposes of this subparagraph, includes compensation, bonuses, benefits, and buyouts paid to coaches and reportable by the institution or related entities, including booster clubs and foundations) assistant coaches of men's teams (F) in subparagraph (I)— (i) by striking clause (i) and inserting the following: (i) The revenues from the institution’s intercollegiate athletics activities, in the aggregate and disaggregated by each men’s sport and each women’s sport, including— (I) total revenues; and (II) each category of revenues described in clause (ii). ; and (ii) in clause (ii), by striking , and advertising, but revenues , advertising, and, to the extent practicable, student activities fees and alumni contributions. (G) by striking clause (i) of subparagraph (J) and inserting the following: (i) The expenses made by the institution for the institution’s intercollegiate athletics activities, in the aggregate and disaggregated by each men’s sport and each women’s sport, including— (I) total expenses; and (II) each category of expenses as described in clause (ii). ; and (H) by adding at the end the following: (K) The numbers of participants who participate in 1, 2, or 3 intercollegiate sports at the institution, in the aggregate and disaggregated by each men’s sport and each women’s sport. (L) The total number of male players that practice on women’s teams, in the aggregate and disaggregated by each women’s sport. (M) Information regarding race and ethnicity for athletes and coaches (including assistant coaches), in the aggregate and disaggregated by each men’s sport and each women’s sport. (N) A certification that the institution has verified the information submitted in the report under this paragraph. (O) With respect to the sports participation opportunities requirements under title IX of the Education Amendments of 1972— (i) a certification that the institution complies with such requirements by showing— (I) substantial proportionality; (II) a history and continuing practice of expanding sports participation opportunities; or (III) full and effective accommodation of athletics interests; and (ii) an identification of the method of compliance described in subclauses (I) through (III) of clause (i) that the institution uses. ; (2) in paragraph (2), by striking For the purposes of paragraph (1)(G) For the purposes of subparagraphs (G) and (H) of paragraph (1) (3) by striking paragraph (4) and inserting the following: (4) Submission; report; information availability (A) Institutional requirements Each institution of higher education described in paragraph (1) shall— (i) by October 15 of each year, provide the information contained in the report required under such paragraph for such year to the Secretary; and (ii) by not later than February 15 of each year, publish such information on a public Internet website of the institution in a searchable format. (B) Public availability By not later than February 15 of each year, the Secretary shall make the reports and information described in subparagraph (A) for the immediately preceding academic year available to the public, which shall include posting the reports and information on a public Internet website of the Department in a searchable format. ; (4) by redesignating paragraph (5) as paragraph (6); (5) by inserting after paragraph (4) the following: (5) Reports by the Secretary (A) In general By not later than 2 years after the date of enactment of the Fair Play for Women Act (B) Contents The report required under subparagraph (A) shall, in the aggregate for all institutions of higher education described in paragraph (1) and disaggregated by each individual institution— (i) identify participant gaps, if any, by indicating the number of participants that need to be added in order for participants of the underrepresented sex at the institution to match the proportion of enrolled full-time undergraduate students of the underrepresented sex at the institution; (ii) identify funding gaps, if any, by showing the percentage differences, compared to proportions of male and female enrollment at the institution, in expenditures for athletically related student aid, recruiting, promotion, and publicity in intercollegiate athletics; and (iii) identify any trends evident in such data that address relevant inequities in intercollegiate athletics participation and financial support. ; and (6) in paragraph (6), as redesignated by paragraph (4)— (A) by striking Definition Definitions (A) Operating expenses The term ; and (B) by adding at the end the following: (B) Participant The term participant (i) (I) is receiving the institutionally sponsored support normally provided to athletes competing at the institution involved on a regular basis during the sport’s season; (II) is participating in organized practice sessions and other team meetings and activities on a regular basis during the sport’s season; and (III) is listed on the eligibility or squad list maintained for the sport; or (ii) due to injury, does not meet the requirements of clause (i) but continues to receive financial aid on the basis of athletic ability in the sport. (C) Season The term season . (b) Elementary school and secondary school athletic programs (1) In general Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 20 U.S.C. 7901 et seq. 8549D. Disclosure of statistics on equality in elementary and secondary education athletic programs (a) Definition of participant (1) In general In this section, the term participant (2) Definition of season For purposes of paragraph (1), the term season (b) In general The Secretary shall collect annually, from each coeducational elementary school and secondary school that receives Federal financial assistance and has an interscholastic athletic program, a report that includes the following information for the immediately preceding academic year: (1) The total number of male and female students that attended the school, fully disaggregated and cross-tabulated by sex and race or ethnicity. (2) A listing of the school’s teams that competed in athletic competition and for each such team the following data: (A) The season in which the team competed. (B) The total number of male and female participants, fully disaggregated and cross-tabulated by sex and race or ethnicity and level of competition. (C) The total expenditures for the team from all sources, including school funds and funds provided by any other entities, such as booster organizations, including the following data: (i) The travel expenditures. (ii) The equipment expenditures (including any equipment replacement schedule). (iii) The uniform expenditures (including any uniform replacement schedule). (iv) The expenditures for facilities, including medical facilities, locker rooms, fields, and gymnasiums. (v) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such individual’s— (I) sex; and (II) employment status (including whether such individual is assigned to the team full-time or part-time, and whether such individual is a head or assistant trainer or medical services provider) and duties other than providing training or medical services. (vi) The expenditures for publicity for competitions. (vii) The total salary expenditures for coaches, including compensation, benefits, and bonuses, the total number of coaches, and for each coach an identification of such coach’s— (I) sex; and (II) employment status (including whether such coach is assigned to the team full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching. (D) The total number of competitive events (in regular and nontraditional seasons) scheduled, and for each an indication of what day of the week and time the competitive event was scheduled. (E) Whether such team participated in postseason competition, and the success of such team in any postseason competition. (c) Disclosure to students and public A school described in subsection (b) shall— (1) by October 15 of each year, make available to students, potential students, and parents of students and potential students, upon request, and to the public, the report and information required of the school under such subsection for such year; and (2) ensure that all students and parents at the school are informed of their right to request such report and information. (d) Submission; information availability On an annual basis, each school described in subsection (b) shall provide the report required under such subsection, and the information contained in such report, to the Secretary not later than 15 days after the date that the school makes such report and information available under subsection (c). (e) Duties of the Secretary The Secretary shall— (1) ensure that reports and information submitted under subsection (d) are available on the same public website, and searchable in the same manner, as the reports and information made available under section 485(g)(4)(B) of the Higher Education Act of 1965; and (2) not later than 180 days after the date of enactment of the Fair Play for Women Act (A) notify all elementary schools and secondary schools in all States regarding the availability of the reports and information under subsection (c); and (B) issue guidance to all such schools on how to collect and report the information required under this section. . (2) Conforming amendment The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8549C the following: Sec. 8549D. Disclosure of statistics on equality in elementary and secondary education athletic programs. . 6. Administrative enforcement through civil penalties Section 902 of the Education Amendments of 1972 ( 20 U.S.C. 1682 (1) by inserting (a) Each Federal (2) by adding at the end the following: (b) (1) The Secretary of Education shall determine, at the beginning of each year, each covered institution of higher education that was found during the prior year to be in noncompliance with a requirement of this title as part of an administrative proceeding under subsection (a). (2) If the Secretary determines under paragraph (1) that a covered institution of higher education was in such noncompliance during the prior year, the Secretary may impose a civil penalty on the institution. (3) If the Secretary determines under paragraph (1) that a covered institution of higher education was in such noncompliance during 2 or more of the prior 5 years, the Secretary shall— (A) require the institution to submit, not later than 120 days after receiving notice of the determination, a plan for coming into compliance with all requirements of this title; and (B) make the report publicly available. . 7. Private right of action Section 903 of the Education Amendments of 1972 ( 20 U.S.C. 1683 (1) by inserting (a) Any department (2) by adding at the end the following: (b) Right of action An individual who applies to participate, participates, or previously participated in an education program or activity covered under this title, offered by a covered institution of higher education, may bring an action in any Federal or State court of competent jurisdiction against the institution, alleging a violation of this title. The court may award such legal or equitable relief as may be appropriate for such a violation. The legal relief may include compensatory damages for emotional distress, humiliation, or pain and suffering. . 8. Training and information for athletes Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (1) by repealing section 906; (2) by redesignating section 905 ( 20 U.S.C. 1685 (3) by inserting after section 904 the following: 905. Training and information (a) Training (1) Covered school systems (A) Employees Each covered school system shall ensure that each title IX coordinator, and that each employee who works with athletics or teaches physical education or health, for the school system receives, at least once per year, training on the rights under this title of students at elementary schools or secondary schools, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education. (B) Elementary and secondary school athletes Each covered school system shall ensure that— (i) a title IX coordinator for the system provides training to athletes at elementary schools or secondary schools in the system on the rights of the athletes under this title, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education; and (ii) each such athlete receives that training at least once per year. (C) Definitions In this paragraph, the terms elementary school secondary school 20 U.S.C. 7801 (2) Covered institutions of higher education (A) Employees Each covered institution of higher education shall ensure that each employee of the athletic department of the institution receives, at least once per year, training on the rights under this title of students at covered institutions of higher education, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education. (B) Postsecondary school athletes Each covered institution of higher education shall ensure that— (i) an expert in matters relating to this title, who is not an employee of the institution’s athletic department, provides training to athletes at the institution on the rights of the athletes under this title, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education; and (ii) each such athlete receives that training at least once per year. (b) Database The Secretary of Education shall establish and maintain a database of title IX coordinators, which shall be separate from the civil rights coordinators data maintained by the Office for Civil Rights of the Department of Education. The database shall include, at a minimum, the name, phone number, and email address for each title IX coordinator. The Secretary shall make the information in the database available to the public with, and by the same means as, reports made available under section 485(g)(4)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(g)(4)(B) . 9. Other definitions Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (1) by redesignating section 909 as section 907A and moving that section 907A so as to follow section 907; and (2) by adding at the end the following: 909. Other definitions In this title: (1) Covered institution of higher education The term covered institution of higher education (2) Covered school system The term covered school system (3) Title IX coordinator The term title IX coordinator . 10. Rule of construction Nothing in this Act shall be construed to imply that intercollegiate athletic associations (as defined in section 2)— (1) are not covered by title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (2) were not covered by that title on the day before the date of enactment of this Act.

Fair Play for Women Act

Community-Based Workforce Development Act This bill provides grants to expand workforce training programs for high-skill, high-wage, or in-demand industry sectors.

117 S5308 IS: Community-Based Workforce Development Act U.S. Senate 2022-12-20 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. 5308 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Casey Committee on Health, Education, Labor, and Pensions A BILL To amend the Workforce Innovation and Opportunity Act to award grants to States to develop, convene, expand, or implement industry or sector partnerships, and for other purposes. 1. Short title This Act may be cited as the Community-Based Workforce Development Act 2. Sectoral employment through career training for occupational readiness program, or sector program Subtitle D of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 et seq. 173. Sectoral employment through career training for occupational readiness program, or sector program (a) In general From amounts appropriated under subsection (e)(1), and not reserved under subsection (e)(2), the Secretary shall— (1) use 80 percent of such amounts to award grants under subsection (b) to each State to develop, convene, expand, or implement industry or sector partnerships; and (2) use 20 percent of such amounts to award grants under subsection (c), on a competitive basis, to eligible industry or sector partnerships for the purposes of expanding workforce development and employment opportunities for high-skill, high-wage, or in-demand industry sectors or occupations, as determined by the Secretary. (b) Formula grants (1) Distribution of funds (A) State allotment From the amount determined by the Secretary under subsection (a)(1), the Secretary shall allot funds to each State on the basis of the relative allotment the State received under section 132(b) for such fiscal year, compared to the total amount allotted to all States under section 132(b) for such fiscal year. (B) Local area allocations The Governor of the State shall use an amount allotted under subparagraph (A) to provide for the activities described in paragraph (2) by— (i) reserving funds for the State board; and (ii) distributing the remainder by— (I) allocating funds to each local area of the State on the basis of the relative allocation the local area received under section 133(b) for such fiscal year, compared to the total amount allocated to all local areas in the State under section 133(b) for such fiscal year; or (II) allocating funds to local areas of the State that have the highest rates of unemployment or low-income individuals, the highest numbers of dislocated workers, or the highest numbers of individuals with barriers to employment, in the State. (2) Use of funds The funds awarded under paragraph (1) may be used by the State board or a local area to— (A) develop, convene, or implement eligible industry or sector partnerships, as authorized under section 134(c)(1)(A)(v) or to expand the partnerships; (B) regularly convene such industry or sector partnerships in a collaborative structure to identify, develop, improve, expand, or implement training, employment, and growth opportunities for high-skill, high-wage, or in-demand industry sectors or occupations, including directly providing, or arranging for the provision of, the training or services described in subparagraph (B) or (C) of subsection (c)(3), in connection with those opportunities; and (C) strengthen the coordination between eligible industry or sector partnerships and the one-stop partners described in section 121, regarding activities carried out under this subsection and programs administered under subtitle B. (c) Competitive grants (1) Grants authorized From the amount determined by the Secretary under subsection (a)(2), the Secretary shall award grants, on a competitive basis, to eligible industry or sector partnerships to carry out programs for the purposes described in subsection (a)(2). (2) Application (A) Form and procedure To receive a grant under this subsection, the lead applicant on behalf of an eligible industry or sector partnership shall submit to the Secretary an application at such time, in such manner, and containing such information as specified by the Secretary, including a description of the training leading to the credentials described in paragraph (3)(B). (B) Contents An application submitted under paragraph (1) shall contain at a minimum each of the following: (i) An identification of the high-skill, high-wage, or in-demand industry sector or occupation on which such partnership is focused. (ii) A description of the activities to be carried out under the grant. (iii) A description of the workers that will be targeted for recruitment as program participants, how priority of service will be provided under the grant to unemployed individuals, low-income individuals, dislocated workers, or individuals with barriers to employment (with the 4 types of individuals referred to in this clause as covered individuals (iv) A description of other Federal or non-Federal resources that will be leveraged in support of the eligible industry or sector partnership (including through cash or in-kind contributions from private sector partners). (3) Uses of funds An eligible industry or sector partnership awarded a grant under this subsection shall use such grant funds— (A) to engage and regularly convene stakeholders in a collaborative structure to identify, develop, improve, expand, or implement training, employment, and growth opportunities for the high-skill, high-wage, or in-demand industry sector or occupation on which such partnership is focused; (B) to directly provide, or arrange for the provision of, high-quality, evidence-based training for the high-skill, high-wage, or in-demand industry sector or occupation on which such partnership is focused, which shall include training that leads to the attainment of nationally or regionally portable and stackable recognized postsecondary credentials for the industry sector or occupation described in subparagraph (A) and which shall include— (i) training services authorized under section 134(c)(3)(D); (ii) apprenticeship programs or pre-apprenticeship programs; or (iii) training provided through labor organizations or joint labor-management partnerships; and (C) to directly provide, or arrange for the provision of, services to help individuals with barriers to employment and other participants complete and successfully transition out of training described in subparagraph (B), which services shall include career services, supportive services, and the provision of needs-related payments authorized under subsections (c)(2), (d)(2), and (d)(3) of section 134. (4) Priority in selection of grants The Secretary shall give priority consideration to applications that demonstrate the ability of the partnership involved to serve eligible individuals in targeted economic regions that— (A) are experiencing high poverty; (B) have traditionally been underserved by regional economic development and sector partnership activities (including rural areas); (C) are facing or at risk of facing significant worker dislocation due to a disruption or change in the regional or State economy or labor market; or (D) have high numbers of— (i) disadvantaged youth (as defined in section 127(b)(2)(C)) and disadvantaged adults (as defined in section 132(b)(1)(B)(v)(IV)); and (ii) unemployed individuals, within the meaning of section 6(b)(1)(B) of the Wagner-Peyser Act ( 29 U.S.C. 49e(b)(1)(B) (5) Definitions In this subsection: (A) Area of substantial unemployment The term area of substantial unemployment (B) Evidence-based The term evidence-based 20 U.S.C. 7801(21)(A) (C) Preapprenticeship program The term preapprenticeship program (D) Supportive services The term supportive services (i) the provision of direct support services (such as child care, transportation, and mental health and substance use disorder treatment); (ii) assistance in obtaining health insurance coverage; and (iii) assistance in accessing benefits through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. 42 U.S.C. 1786 (d) Program accountability and evaluation (1) In general The Secretary shall annually measure the performance of grant recipients carrying out activities under grants awarded under this section on— (A) the primary indicators of performance covered by clauses (i) through (iv) of section 116(b)(2)(A) and expected levels of performance relating to such indicators; and (B) such additional measures as the Secretary determines to be appropriate, which may include measures of skills attainment, wage or career progression, and training-related employment, and additional job quality measures. (2) Evaluation Not later than 2 years after the first award of funds under this section is made the Secretary (acting through the Chief Evaluation Officer) shall design and conduct an evaluation to evaluate the effectiveness of the program carried out under this section. (3) Publication The Secretary shall— (A) publish on a publicly accessible website the outcomes for grant recipients on the measurements conducted under paragraph (1) and the evaluation conducted under paragraph (2); and (B) submit a report containing the outcomes on the measurements and evaluation to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (e) Authorization of appropriations; reservations (1) Authorization of appropriations There are authorized to be appropriated to carry out this section— (A) such sums as may be necessary for fiscal year 2023; (B) such sums as may be necessary for fiscal year 2024; (C) such sums as may be necessary for fiscal year 2025; (D) such sums as may be necessary for fiscal year 2026; (E) such sums as may be necessary for fiscal year 2027; and (F) such sums as may be necessary for fiscal year 2028. (2) Reservation of funds Of the funds appropriated under paragraph (1) for a fiscal year, the Secretary may reserve not more than 5 percent, which— (A) may be used for administration of the program described in this section, in addition to any other funds available for such administration, including providing comprehensive technical assistance, targeted outreach to eligible industry or sector partnerships serving local areas with high unemployment rates or high percentages of low-income individuals, dislocated workers, or individuals with barriers to employment, and oversight to support eligible industry or sector partnerships; and (B) shall be used for the measurement, evaluation, publication, and reporting described in subsection (d). (f) Definitions In this section: (1) Apprenticeship The term apprenticeship (2) Apprenticeship program The term apprenticeship program National Apprenticeship Act 29 U.S.C. 50 et seq. (3) Eligible industry or sector partnership The term eligible industry or sector partnership (A) an industry or sector partnership, which shall, at a minimum, include multiple representatives described in each of clauses (i) through (iii) of paragraph (26)(A) of section 3; or (B) a partnership, of multiple entities described in section 3(26) and a State board or local board, that is in the process of establishing an industry or sector partnership described in subparagraph (A) for the purposes of carrying out activities under a grant awarded under this section. (4) Lead applicant The term lead applicant (A) a State board, local board, institution of higher education (as defined in section 101 or 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (B) another State or regional nonprofit organization with experience in developing, convening, expanding, and implementing an industry or sector partnership. (g) Special rule Any funds made available under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in this section, including any funds awarded through grants, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program. . 3. Table of contents The table of contents in section 1(b) of the Workforce Innovation and Opportunity Act is amended by inserting after the item relating to section 172, the following: Sec. 173. Sectoral employment through career training for occupational readiness program, or sector program. .

Community-Based Workforce Development Act

Helping Kids Through Trauma Act This bill expressly permits state-licensed mental health organizations that receive grants for preservice or in-service training in a behavioral health-related paraprofessional field to use the grants for training on meeting the needs of children and adolescents who have experienced trauma.

117 S5310 IS: Helping Kids Through Trauma Act U.S. Senate 2022-12-20 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. 5310 IN THE SENATE OF THE UNITED STATES December 20, 2022 Ms. Rosen Committee on Health, Education, Labor, and Pensions A BILL To ensure that mental and behavioral health education and training grants awarded under section 756(a)(4) of the Public Health Service Act may be used for training to increase skills and capacity to meet the needs of children and adolescents who have experienced trauma. 1. Short title This Act may be cited as the Helping Kids Through Trauma Act 2. Use of Graduate Psychology Education Program funds Section 756(a)(4) of the Public Health Service Act ( 42 U.S.C. 294e–1(a)(4) , including training to increase skills and capacity to meet the needs of children and adolescents who have experienced trauma

Helping Kids Through Trauma Act

IRS Customer Service and Transformation Act of 2022 This bill requires the Internal Revenue Service (IRS) to submit an initial plan to Congress to address how it intends to meet customer service and technology modernization and related objectives. The IRS must submit semiannual updates to the plan, indicate progress made in implementing the plan, and any changes or challenges in implementing the plan. The bill requires the Government Accountability Office in each calendar year after 2022 and before 2032, to report to specified congressional committees on various matters relating to the IRS, including the progress of the IRS in meeting its objectives and on technology modernization. The bill sets forth customer service objectives that the IRS must accomplish not later than January 1, 2025. It must make available to the public not later than January 1, 2026, certain electronic forms and filing procedures. Finally, the National Taxpayer Advocate is authorized to appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.

105 S5311 IS: IRS Customer Service and Transformation Act of 2022 U.S. Senate 2022-12-20 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. 5311 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Portman Mr. Cardin Committee on Foreign Relations A BILL To reform the resources available to the Internal Revenue Service, and for other purposes. 1. Short title This Act may be cited as the IRS Customer Service and Transformation Act of 2022 2. Purpose The purpose of this Act is to address processing backlogs with respect to income tax returns and improve taxpayer services, including by— (1) establishing customer service and technology modernization objectives, allowing for hiring flexibility, and providing taxpayer support; (2) modernizing information technology to effectively upgrade and integrate Internal Revenue Service systems, provide additional electronic forms and filing, and enhance digital taxpayer services; and (3) conducting research on how the Internal Revenue Service can support taxpayers, increase compliance, and increase the efficiency of Internal Revenue Service activities through the use of improved methods and technology. 3. Improving customer service and technology at the Internal Revenue Service (a) Multi-Year operational plan (1) Initial plan Not later than 6 months after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to Congress a plan detailing how the Commissioner intends to meet customer service and technology modernization objectives, modernize information technology, and implement improved methods and technology to support taxpayers and increase the efficiency of Internal Revenue Service tax return and correspondence processing, including a specific timeline and detailed description of which elements of the Taxpayer First Act Report (as submitted to Congress on January 1, 2021) would be implemented and the amount and source of any funding required. (2) Semiannual updates Not later than the date that is 18 months after the date of the enactment of this Act, and semiannually for the next 10 years thereafter, the Commissioner of Internal Revenue shall submit to Congress a report on the plan established under paragraph (1), including— (A) any updates to the plan; (B) progress made in implementing the plan; and (C) any changes in circumstances or challenges in implementing the plan. (3) Reports by Government Accountability Office For each calendar year after 2022 and before 2032, the Comptroller General shall report to the Committees on Finance, Appropriations, and Governmental Affairs of the Senate, and to the Committees on Ways and Means, Appropriations, and Government Reform and Oversight of the House of Representatives, with respect to— (A) strategic and business plans for the Internal Revenue Service; (B) progress of the Internal Revenue Service in meeting its objectives; (C) the budget for the Internal Revenue Service and whether it supports its objectives; (D) progress of the Internal Revenue Service in improving taxpayer service and compliance; (E) progress of the Internal Revenue Service on technology modernization; (F) the status and progress of processing backlogs for taxpayer returns and correspondence; and (G) the status and progress of plan described in paragraph (1). (b) Customer service and electronic filing requirements (1) Customer service (A) In general Not later than January 1, 2025, the Internal Revenue Service shall, to the extent possible— (i) with respect to level-of-service measures (including all communication channels, such as phones and secure messaging) for wait-and-response times (as determined based on data for the most recently completed 3-year period), attain not less than 90 percent level-of-service; (ii) employ callback service on not less than 95 percent of telephone calls made by taxpayers which are not answered within 3 minutes; (iii) process all taxpayer correspondence not later than 45 days following the date of receipt; and (iv) develop and deploy technology for secure communication with taxpayers through e-mail, secure messaging, text messages, video teleconferencing, or other similar technologies. (B) Adjustment (i) In general The requirements described in clauses (i) and (ii) of subparagraph (A) may be adjusted, as appropriate, for aberrations affecting call volume, regulatory and procedural accuracy, professionalism, timeliness, and customer service satisfaction. (ii) Report In the case of any adjustment described in clause (i), the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to— (I) the reason that the requirement described in clause (i) or (ii) of subparagraph (A) was adjusted; and (II) the relevant aberration requiring such adjustment. (2) Electronic forms and filing (A) Forms Not later than January 1, 2026, any forms used by the Internal Revenue Service which are made available to the public shall— (i) bear a code that, when scanned, converts such form to electronic format (or which is functionally similar or applies more up-to-date technology); (ii) allow for optical character recognition software (or functionally similar technology) to transcribe all paper returns which do not contain the technology described in clause (i); and (iii) be permitted to be filed electronically within 90 days of release, including— (I) automated translation of such forms into other languages; and (II) establishment of secure digital signature technology. (B) Digitization of forms Not later than January 1, 2026, Internal Revenue Service Forms 941, 1040, 1040X, 1065, 1120, and any other such form which is identified by the Secretary of the Treasury or the Secretary's delegate (including any successor form), shall contain the most up-to-date technology which allows for the conversion of paper-filed returns to an electronic format. 4. Counsel in the Office of the Taxpayer Advocate (a) In general Section 7803(c)(2)(D)(i) (1) in subclause (I), by striking and (2) in subclause (II), by striking the period at the end and inserting ; and (3) by adding at the end the following: (III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate. . (b) Purpose The purpose of this section is to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 ( Public Law 105–206

IRS Customer Service and Transformation Act of 2022

Air Traffic Noise and Pollution Expert Consensus Act of 2022 This bill requires the Federal Aviation Administration to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to examine and report on the various health impacts of air traffic noise and pollution.

117 S5312 IS: Air Traffic Noise and Pollution Expert Consensus Act of 2022 U.S. Senate 2022-12-20 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. 5312 IN THE SENATE OF THE UNITED STATES December 20, 2022 Ms. Warren Mr. Markey Committee on Commerce, Science, and Transportation A BILL To direct the Administrator of the Federal Aviation Administration to enter into appropriate arrangements with the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine to provide for a report on the health impacts of air traffic noise and pollution, and for other purposes. 1. Short title This Act may be cited as the Air Traffic Noise and Pollution Expert Consensus Act of 2022 2. Health impacts of air traffic noise and pollution (a) Study The Administrator of the Federal Aviation Administration shall enter into appropriate arrangements with the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine under which the Division will— (1) not later than 30 days after the date of enactment of this Act, convene a committee of experts in health and environmental science to examine the various health impacts of air traffic noise and pollution; and (2) issue a corresponding expert consensus report that sets forth current scientific knowledge relating to the various health impacts of air traffic noise and pollution. (b) Report Upon completion of the consensus report required by subsection (a)(2), the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine shall transmit a copy of the report to— (1) the Administrator of the Federal Aviation Administration; (2) the Secretary of Health and Human Services; (3) the Administrator of the Environmental Protection Agency; (4) the Committee on Transportation and Infrastructure and the Committee on Oversight and Reform of the House of Representatives; and (5) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate.

Air Traffic Noise and Pollution Expert Consensus Act of 2022

Excess Urban Heat Mitigation Act of 2022 This bill requires the Department of Housing and Urban Development to establish a grant program for state, tribal, and local governments; metropolitan planning organizations; and certain nonprofits (or consortia of nonprofits) to carry out activities to mitigate heat in urban areas.

117 S5313 IS: Excess Urban Heat Mitigation Act of 2022 U.S. Senate 2022-12-20 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. 5313 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Brown Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of Housing and Urban Development to establish an excess urban heat mitigation grant program, and for other purposes. 1. Short title This Act may be cited as the Excess Urban Heat Mitigation Act of 2022 2. Findings Congress finds the following: (1) Heat stress is a leading weather-related cause of death in the United States, with more than 600 people killed in the United States by extreme heat every year, and many more experiencing respiratory problems and heat-related illness. (2) Urban areas are likely to experience higher temperatures than surrounding areas due to design-related attributes of the built environment, including manmade factors such as low solar reflectance, low tree cover, high building density, high impervious surface cover, and waste heat emissions. (3) Underserved communities are disproportionately impacted by extreme heat. In the United States, low-income census blocks have 15.2 percent less tree cover and an average land surface temperature that is 1.5 degrees Celsius hotter than high-income blocks. (4) Studies show that in 97 percent of the largest urbanized areas in the United States, people of color live in census tracts with higher surface urban heat intensity than non-Hispanic Whites, indicating that heat exposure is unequally distributed by race. (5) Urban heat is not only a public health threat but also an economic one, as rising heat leads to increased roadway maintenance costs, higher residential and commercial summer energy costs, and lost labor productivity, as well as the cost to patients and health care infrastructure for heat-related hospitalizations and emergency department visits. (6) Excess urban heat causes increased energy consumption, elevated emission of air pollutants and greenhouse gases, and impaired water quality. (7) Heat waves are expected to not only occur more frequently in the United States but also be of longer duration, lasting 10 to 20 days longer by the end of the century. (8) Solutions exist that communities can implement now to mitigate the challenge of urban heat. One example is the planting of urban trees to offset or reverse the urban heat island effect. Studies in multiple cities in the United States have shown that urban trees can offset projected increases in heat-related mortality in 2050 by 40 to 99 percent. 3. Definitions In this Act: (1) Covered census tract The term covered census tract hazardous definitely declining (2) Covered grant The term covered grant (3) Eligible entity The term eligible entity (A) a State (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 (B) a metropolitan planning organization; (C) a unit of general local government (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 (D) an Indian tribe (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 (E) a territorial government; (F) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (E); and (G) a consortium of nonprofit organizations. (4) Eligible project The term eligible project (A) means a project designed to mitigate heat in an urban area by— (i) working to combat the causes of higher temperatures; or (ii) mitigating the impacts of higher temperatures or other extreme weather events; and (B) includes the implementation, construction, or maintenance of— (i) tree planting and maintenance with, wherever possible, preference for— (I) native tree species; (II) tree species with high shade production and carbon sequestration; and (III) tree species that provide edible fruit and nuts; (ii) cool pavements; (iii) cool roofs; (iv) green roofs; (v) bus stop shelters; (vi) shade structures; (vii) cooling centers with, wherever possible, preference for— (I) cooling centers that collaborate with existing community centers and spaces; (II) cooling centers with year-round accessibility; and (III) cooling centers that utilize renewable energy; (viii) community gardens, including agroforestry practices; (ix) outreach to communities about resources available under this section; (x) local heat mitigation education efforts; or (xi) other actions the Secretary determines appropriate to address or mitigate excess urban heat. (5) Environmental justice The term environmental justice (6) Excess urban heat effect The term excess urban heat effect (7) Extreme heat The term extreme heat (8) Nonprofit organization The term nonprofit organization section 501(c)(3) (9) Secretary The term Secretary (10) Urban area The term urban area 4. Urban heat mitigation grant program (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Office of Community Planning and Development, in coordination with the Administrator of the Environmental Protection Agency, the Chief of the Forest Service, and the Director of the Climate Program Office of the National Oceanic and Atmospheric Administration, shall establish an urban heat mitigation grant program to award grants to eligible entities to implement eligible projects. (b) Set-Aside Not less than 75 percent of the amounts of covered grants awarded for a fiscal year shall be awarded to eligible entities to implement projects in a covered census tract. (c) Technical assistance (1) In general Not more than 3 percent of amounts appropriated to carry out this section may be used to provide technical assistance to eligible entities applying for or implementing a covered grant. (2) Preference In providing technical assistance under paragraph (1), the Secretary shall give preference to eligible entities that intend to serve communities— (A) located in a covered census tract; or (B) with lower-tree canopy and higher maximum daytime summer temperatures compared to surrounding communities, as determined by the Secretary, based on publicly available information. (3) Inclusions Technical assistance provided under paragraph (1) may include— (A) assistance developing a complete application; (B) financial analysis and budget development; (C) support for project integration; (D) assessment of project readiness; and (E) technical assistance implementing activities once a covered grant is received. (d) Application (1) In general An eligible entity desiring a covered grant shall submit to the Secretary an application, at such time and in such manner as required by the Secretary in guidance, that includes, at a minimum— (A) how the eligible entity will use the covered grant; (B) how the eligible projects funded will combat extreme heat or excess urban heat effects and improve quality of life for impacted communities; (C) a robust engagement plan that— (i) outlines how the eligible entity will meaningfully engage with the communities in which the eligible projects take place throughout project implementation; and (ii) demonstrates how the eligible entity plans to— (I) foster meaningful, reciprocal relationships with community-based organizations; (II) engage in respectful, good-faith consultation with diverse community stakeholders; and (III) empower members of the community to participate in decision making; and (D) how the eligible entity will address the intersection between human health, environment, and built environment. (2) Guidance Not later than 180 days after the date of enactment of this Act, the Secretary shall issue the guidance described in paragraph (1). (e) Matching requirement (1) In general Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out with amounts from a covered grant shall be not more than 80 percent. (2) Waiver The Secretary may increase the maximum Federal share described in paragraph (1) from 80 percent to 100 percent for an eligible project carried out by an eligible entity that demonstrates economic hardship, as determined by the Secretary. (f) Priority In awarding covered grants, the Secretary shall give priority to an eligible entity that serves— (1) a community located in a covered census tract; or (2) a community with lower tree canopy and higher maximum daytime summer temperatures compared to surrounding communities, as determined by the Secretary, based on publicly available information. (g) Reporting requirement The Secretary shall submit an annual report to Congress that identifies the recipients of covered grants and the geographic and economic distribution of those recipients. (h) Oversight (1) In general In order to ensure the effectiveness of projects that are carried out using covered grants, the Secretary shall use not more than 5 percent of any amounts appropriated to carry out this section to establish an oversight board to help— (A) select recipients of covered grants; and (B) review the progress made by recipients of covered grants on a yearly basis. (2) Evaluation The board established under paragraph (1) shall— (A) develop and apply a rubric to evaluate the success of projects carried out using covered grants in reaching their objective to combat the causes and effects of excess urban heat; and (B) serve the Secretary in an advisory capacity. (3) Membership (A) In general Members of the board established under paragraph (1) may include— (i) representatives from the Environmental Protection Agency, particularly from the Heat Island Reduction Program; (ii) representatives from the Department of Health and Human Services, particularly from the Office of Climate Change and Health Equity; (iii) representatives from the Department of Energy, particularly from the Office of Energy Efficiency and Renewable Energy; (iv) representatives from the Department of Agriculture, particularly from the Urban and Community Forestry Program; (v) subject to subparagraph (B), representatives from nonprofit organizations with proven leadership in urban heat mitigation or environmental justice, as determined by the Secretary; and (vi) subject to subparagraph (B), representatives from academia and research studying the effects of and mitigation of excess urban heat, environmental justice, or related areas. (B) Certification required In order to be a member of the board established under paragraph (1), a representative described in clause (v) or (vi) of subparagraph (A) of this paragraph shall certify that the representative does possess any conflict of interest with respect to projects being considered for a covered grant or being carried out using a covered grant. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2023 through 2030.

Excess Urban Heat Mitigation Act of 2022

Federal Clarity for Kratom Consumers Act This bill requires the Food and Drug Administration (FDA) to hold a hearing and establish a task force on the health and safety of products with kratom (an herbal substance that produces opioid- and stimulant-like effects). It also prohibits the FDA from regulating kratom products in a manner that is more restrictive as compared to regulations for food, dietary supplements, or dietary ingredients.

117 S5316 IS: Federal Clarity for Kratom Consumers Act U.S. Senate 2022-12-20 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. 5316 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Lee Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To protect access to kratom. 1. Short title This Act may be cited as the Federal Clarity for Kratom Consumers Act 2. Access to kratom (a) Openness in research (1) In general During the period that begins 30 days after the date of enactment of this Act and ends 90 days after such date of enactment, the Secretary, acting through the Commissioner, shall hold at least one hearing that provides an open forum for the discussion on the current scientific data and information about safety and use of products containing kratom or kratom-derived products marketed as a food, dietary ingredient, or dietary supplement. (2) Hearing requirements The hearing under paragraph (1) shall— (A) include input from leading scientific researchers on kratom and kratom-derived products; and (B) consider— (i) how many individuals in the United States consume kratom and kratom-derived products; (ii) the scope, scale, and degree of dependence or addiction associated with kratom, mitragynine, and 7–hydroxymitragynine; (iii) the causality of deaths in which kratom or kratom-derived products are associated, including instances in which— (I) a kratom-containing product or kratom-derived product was consumed together with legal or illegal drugs; or (II) the kratom-containing product or kratom-derived product consumed was contaminated with a different non-drug adulterant known to endanger health; (iv) whether use of kratom or kratom-derived products is directly linked to the use of more dangerous scheduled substances; (v) any adverse health impacts that could be expected if kratom or kratom-derived were no longer available; and (vi) the potential health and wellness benefits of kratom and kratom-derived products. (3) Public docket Not later than 30 days after the date of enactment of this Act, the Secretary shall open a public docket for submission of public comments for consideration at the hearing under paragraph (1). The Secretary shall leave such public docket open for comments for not fewer than 30 days before the hearing takes place. (4) Publication of information The Secretary shall publish on the website of the Food and Drug Administration the transcripts of all hearings conducted pursuant to paragraph (1), subject to section 552(b) of title 5, United States Code. (b) Task force (1) Establishment Not later than 30 days after the date of enactment of this Act, the Secretary shall convene a task force, to be known as the Kratom Research Task Force (2) Reports on kratom research (A) Initial report Not later than 90 days after the date of enactment of this Act, the Kratom Research Task Force shall submit to Congress, the Secretary, and the Commissioner a report that details all federally funded kratom-related research that has begun or been completed prior to such date of enactment. (B) Subsequent quarterly reports Not later than 90 days after submission of the report under subparagraph (A), and quarterly thereafter, the Kratom Research Task Force shall submit to Congress, the Secretary, and the Commissioner a report that includes— (i) a progress report on all federally funded kratom-related research and findings made during the applicable quarter; and (ii) an analysis of the results of all such research. (3) Public meetings The Kratom Research Task Force shall convene public meetings with appropriate experts and stakeholders to increase public awareness concerning the current state of kratom-related research. (4) Publicly available information The Secretary shall— (A) publish the report submitted under paragraph (2)(A) on the website of the Food and Drug Administration; and (B) update such website in accordance with the quarterly reports submitted under paragraph (2)(B), upon receipt of each such report. (5) Termination of task force On the date that is 2 years after the initial report is submitted by the Kratom Research Task Force under paragraph (2)(A), such task force shall be terminated. (c) Protection of kratom from current regulations The Secretary shall not— (1) impose requirements on kratom or kratom-derived products that are more restrictive than the requirements for food, dietary supplements, and dietary ingredients that apply under The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (2) treat kratom, or any product derived from or containing kratom, as an adulterated dietary supplement— (A) for containing a new dietary ingredient as described in subparagraph (B) of section 402(f)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(f)(1) (B) pursuant to subparagraph (C) of such section 402(f)(1); or (3) require kratom to undergo requirements for notification as a new dietary ingredient under section 413 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350b (d) Protection from future administrative action (1) In general Any rulemaking the Secretary initiates to regulate kratom shall— (A) comply with formal rulemaking requirements under section 552(a) of title 5, United States Code; and (B) require public, in-person hearings. (2) Publication of information The Secretary shall publish on the website of the Food and Drug Administration the transcripts of all hearings conducted pursuant to paragraph (1)(B), subject to section 552(b) of title 5, United States Code. (e) Import alert requirements The Secretary may not issue, implement, or enforce an import alert for a kratom or kratom-derived product unless the Secretary determines that there is a history of such kratom or kratom-derived product being adulterated as described in section 402(f)(1)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(f)(1)(A) (f) Nonpreemption Nothing in this section shall preempt any State law. (g) Definitions In this section: (1) Secretary The term Secretary (2) Commissioner The term Commissioner (3) Dietary supplement The term dietary supplement 21 U.S.C. 321(ff) (4) Dietary ingredient The term dietary ingredient 21 U.S.C. 321(ff)(1) (5) Food The term food 21 U.S.C. 321(f) (6) Kratom The term kratom (7) New dietary ingredient The term new dietary ingredient 21 U.S.C. 350b(d)

Federal Clarity for Kratom Consumers Act

Venezuelan Democracy Act This bill requires or authorizes various actions, including sanctions, targeting the current government of Venezuela and any nondemocratic successor government. The bill also authorizes certain types of assistance for the people of Venezuela and to support democracy-building efforts. Under this bill, the President (1) must impose property-blocking sanctions on Venezuela; and (2) may withhold U.S. foreign assistance or arms-related assistance from any country that provides assistance to the government of Venezuela. The bill also prohibits U.S. persons (individuals or entities) from engaging in transactions involving (1) the debt of Venezuela's government, or (2) any digital currency issued by Venezuela's government. Additionally, the Department of the Treasury must oppose Venezuela's admission to certain international financial institutions (such as the International Monetary Fund) and to withhold certain payments to such institutions if they approve loans or other assistance to Venezuela. Some of the actions required under this bill, including the imposition of sanctions, may be modified or suspended if the President determines that a transition government is in power in Venezuela. Criteria for a determination that a transition government is in power include full reinstatement of the National Assembly convened on January 6, 2016, and public commitments to organizing free and fair elections. Sanctions under this bill shall be terminated if the President determines that a democratically elected government is in power. Assistance under certain programs (such as assistance under the Food for Peace Act) may be provided to Venezuela once it has a democratically elected government.

94 S5317 IS: Venezuelan Democracy Act U.S. Senate 2022-12-20 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. 5317 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Risch Mr. Rubio Committee on Foreign Relations A BILL To promote democracy in Venezuela, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Venezuelan Democracy Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Statement of policy. Sec. 3. Appropriate congressional committees defined. TITLE I—Determinations of a transition government or democratically elected government in Venezuela Sec. 101. Determinations of a transition government or democratically elected government in Venezuela. TITLE II—Promoting democratic change in Venezuela Sec. 201. United States policy regarding membership of Venezuela in international financial institutions. Sec. 202. United States policy regarding membership of Venezuela in the Organization of American States. Sec. 203. Authorization of support for democratic and human rights groups and international observers. Sec. 204. Support for the people of Venezuela. TITLE III—Sanctions Sec. 301. Definitions. Sec. 302. Blocking international support for a nondemocratic government in Venezuela. Sec. 303. Financial sanctions with respect to debt instruments of Maduro regime. Sec. 304. Sanctions with respect to cryptocurrency of Venezuela and provision of related technologies. Sec. 305. Blocking property of the Government of Venezuela. Sec. 306. Determination with respect to designation of Maduro regime as a terrorist organization. Sec. 307. Suspension and termination of sanctions. Sec. 308. Implementation; penalties. TITLE IV—Assistance to a free and independent Venezuela Sec. 401. Policy toward a transition government and a democratically elected government in Venezuela. Sec. 402. Assistance for the people of Venezuela. Sec. 403. Report on trade and investment relations between the United States and Venezuela. TITLE V—General provisions Sec. 501. Effect of Act on lawful United States Government activities. Sec. 502. Exception relating to importation of goods. 2. Statement of policy It is the policy of the United States— (1) to seek a peaceful transition to democracy and a resumption of economic growth in Venezuela through support for the people of Venezuela and the careful application of sanctions directed at the regime of Nicolàs Maduro and any nondemocratic successor; (2) to seek the cooperation of other democratic countries in supporting a transition described in paragraph (1); (3) to make clear to other countries that, in determining the relations of the United States with those countries, the United States will take into account the willingness of those countries to cooperate in supporting a transition described in paragraph (1); (4) to seek the speedy termination of any remaining military or technical assistance, subsidies, or other forms of assistance to the Maduro regime and any nondemocratic successor from the government of any other country, including the Governments of Cuba, the Islamic Republic of Iran, the Russian Federation, and the People’s Republic of China; (5) to continue to vigorously oppose violations of internationally recognized human rights in Venezuela; (6) to maintain sanctions on the Maduro regime so long as it continues to refuse to move toward democratization and greater respect for internationally recognized human rights; and (7) to be prepared to reduce the sanctions imposed with respect to Venezuela in carefully calibrated ways in response to demonstrable progress toward democratization in Venezuela, including the establishment of a transition government that leads to a democratically elected government in Venezuela. 3. Appropriate congressional committees defined In this Act, the term appropriate congressional committees I Determinations of a transition government or democratically elected government in Venezuela 101. Determinations of a transition government or democratically elected government in Venezuela (a) In general Upon making a determination that a transition government or a democratically elected government is in power in Venezuela, the President shall submit that determination to the appropriate congressional committees. (b) Requirements for determining a transition government is in power in Venezuela (1) In general For the purposes of making a determination under subsection (a), a transition government in Venezuela is a government that— (A) is showing respect for the basic civil liberties and internationally recognized human rights of the citizens of Venezuela; (B) has fully reinstated all members of the National Assembly convened on January 6, 2016, following democratic elections that were held on December 6, 2015; (C) has lifted the order of contempt issued by the Venezuelan Supreme Tribunal of Justice (TSJ) on January 11, 2016, against the National Assembly convened on January 6, 2016, including by restoring all powers of said National Assembly and the immunities for deputies; (D) has ceased to interfere with the functioning of political parties, including by lifting all judicial interventions of political parties has legalized all political activity; (E) has released all political prisoners and allowed for investigations of Venezuelan prisons by appropriate international human rights organizations; (F) has dissolved the General Directorate of Military Counterintelligence, the Special Action Forces (FAES), and the Colectivos; (G) has made public commitments to organizing free and fair elections for a new government— (i) to be held in a timely manner within a period not to exceed 12 months after the transition government assumes power; (ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and (iii) to be conducted under the supervision of observers from the Organization of American States, the United Nations, and other internationally recognized election observers; (H) makes public commitments to and is making demonstrable progress in— (i) establishing an independent judiciary; (ii) respecting internationally recognized human rights and fundamental freedoms as set forth in the Universal Declaration of Human Rights, to which Venezuela is a signatory; and (iii) allowing the establishment of independent social, economic, and political associations; and (I) does not include Nicolàs Maduro or any persons— (i) with respect to which sanctions have been imposed by the Office of Foreign Assets Control; or (ii) sought by the United States Department of Justice. (2) Additional factors In addition to the requirements set forth in paragraph (1), in determining under subsection (a) whether a transition government is in power in Venezuela, the President shall take into account the extent to which that government— (A) has made public commitments to, and is making demonstrable progress in— (i) effectively guaranteeing the rights of free speech and freedom of the press, including granting permits to privately owned media and telecommunications companies to operate in Venezuela; (ii) implementing the recommendations included in the Final Report of the European Union Election Observation Mission to observe the regional and municipal elections on November 21, 2021, in Venezuela; and (iii) assuring the right to private property; (B) is taking genuine efforts to extradite or otherwise render to the United States all persons sought by the United States Department of Justice for crimes committed in the United States; (C) is not providing any support to any group, in any other country, that seeks the violent overthrow of the government of that country; and (D) has permitted the deployment throughout Venezuela of independent and unfettered international human rights monitors. (c) Requirements for determining a democratically elected government is in power in Venezuela For the purposes of making a determination under subsection (a), a democratically elected government in Venezuela is a government that, in addition to meeting the requirements of subsection (b)— (1) results from free and fair elections— (A) conducted under the supervision of internationally recognized election observers; and (B) in which— (i) opposition parties were permitted ample time to organize and campaign for such elections; and (ii) all candidates were permitted full access to the media; (2) is showing respect for the basic civil liberties and internationally recognized human rights of the citizens of Venezuela; (3) is committed to making constitutional changes that would ensure regular free and fair elections and the full enjoyment of basic civil liberties and internationally recognized human rights by the citizens of Venezuela; (4) has made demonstrable progress in establishing an independent judiciary; and (5) has freed all wrongfully detained United States nationals. II Promoting democratic change in Venezuela 201. United States policy regarding membership of Venezuela in international financial institutions (a) In general Except as provided in subsection (b)(1), the Secretary of the Treasury shall instruct the United States executive director of each covered international financial institution to use the voice and vote of the United States to oppose the admission of Venezuela as a member of that institution until the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela. (b) Steps after transition government in power On and after the date on which the President submits to the appropriate congressional committees a determination under section 101(a) that a transition government is in power in Venezuela— (1) the President is encouraged to take steps to support the processing of the application of Venezuela for membership in any covered international financial institution, subject to the membership taking effect after a democratically elected government is in power in Venezuela; and (2) the Secretary of the Treasury is authorized to instruct the United States executive director of each covered international financial institution to support loans or other assistance to Venezuela only to the extent that such loans or assistance contribute to a stable foundation for a democratically elected government in Venezuela. (c) Reduction in United States payments to international financial institutions (1) In general If a covered international financial institution approves a loan or other assistance to the regime of Nicolàs Maduro or any nondemocratic successor government over the opposition of the United States, the Secretary of the Treasury shall withhold from payment to that institution an amount equal to the amount of the loan or other assistance, from either of the following types of payment: (A) The paid-in portion of the increase in capital stock of the institution. (B) The callable portion of the increase in capital stock of the institution. (2) Waiver The President may waive the requirement under paragraph (1) if the President, not later than 10 days before the waiver is to take effect, determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States. The President shall submit with the certification a detailed justification explaining the reasons for the waiver. (d) Covered international financial institution defined In this section, the term covered international financial institution (1) The International Monetary Fund. (2) The International Bank for Reconstruction and Development. (3) The International Development Association. (4) The International Finance Corporation. (5) The Multilateral Investment Guarantee Agency. (6) The Inter-American Development Bank. 202. United States policy regarding membership of Venezuela in the Organization of American States The President shall instruct the United States Permanent Representative to the Organization of American States to use the voice and vote of the United States to oppose any measure that would allow a nondemocratic Government of Venezuela to participate in the Organization until the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela. 203. Authorization of support for democratic and human rights groups and international observers (a) In general Notwithstanding any other provision of law (other than section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 (b) Organization of American States emergency fund (1) For support of internationally recognized human rights and free and fair elections The President shall take the necessary steps to encourage the Organization of American States to create a special emergency fund for the explicit purpose of deploying human rights observers and individuals and organizations engaged in election support and election observation in Venezuela. (2) Voluntary contributions for fund The President should provide not less than $5,000,000 of the voluntary contributions of the United States to the Organization of American States solely for the purposes of the special fund referred to in paragraph (1). (c) Action of other member states The President should instruct the United States Permanent Representative to the Organization of American States to encourage other member states of the Organization to join in calling for the Government of Venezuela to allow the immediate deployment of independent human rights monitors of the Organization throughout Venezuela and on-site visits to Venezuela by the Inter-American Commission on Human Rights. (d) Denial of funds to Government of Venezuela In implementing this section, the President shall take all necessary steps to ensure that no funds or other assistance is provided to a nondemocratic Government of Venezuela. 204. Support for the people of Venezuela (a) Provisions of law affected The provisions of this section apply notwithstanding— (1) any other provision of law, including section 620(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(a) (2) the exercise of authorities, before the date of the enactment of this Act, under— (A) section 5(b) of the Trading With the Enemy Act ( 50 U.S.C. 4305(b) (B) the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (C) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. (b) Donations of food Nothing in this or any other Act shall prohibit donations of food to independent nongovernmental organizations or individuals in Venezuela. (c) Exports of medicines and medical supplies (1) In general Subject to paragraphs (2) and (3), the export of medicines or medical supplies, instruments, or equipment to Venezuela shall not be restricted, except— (A) to the extent such a restriction would be permitted under section 203(b)(2) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(2) (B) in a case in which the President determines— (i) there is a reasonable likelihood that the item to be exported will be used for purposes of torture or other abuses of internationally recognized human rights; (ii) the item to be exported could be used in the production or distribution of illicit narcotics or in activities related to illegal mining; or (iii) there is a reasonable likelihood that the item to be exported will be reexported. (2) On-site verifications required (A) In general Except as provided by subparagraph (B), medicines or medical supplies, instruments, or equipment may be exported to Venezuela under paragraph (1) only if the President determines that the United States Government is able to verify, by on-site inspections and other appropriate means, that the item to be exported is to be used for the purposes for which it was intended and only for the use and benefit of the people of Venezuela. (B) Exception Subparagraph (A) does not apply to donations to independent nongovernmental organizations in Venezuela of medicines for humanitarian purposes. (3) Licenses required The export of medicines or medical supplies, instruments, or equipment to Venezuela under paragraph (1) shall be made pursuant to specific licenses issued by the United States Government. (d) Assistance To support democracy in Venezuela The United States Government may provide assistance, through appropriate independent nongovernmental organizations, for the support of individuals and organizations to promote democratic change in Venezuela. III Sanctions 301. Definitions In this title: (1) Entity The term entity (2) Government of Venezuela The term Government of Venezuela (A) the state and Government of Venezuela; (B) any political subdivision, agency, or instrumentality thereof, including the Central Bank of Venezuela and Petróleos de Venezuela, S.A.; (C) any person owned or controlled, directly or indirectly, by an entity described in subparagraph (A) or (B); and (D) any person that has acted or purported to act directly or indirectly for or on behalf of, an entity described in subparagraph (A), (B), or (C), including as a member of the regime of Nicolàs Maduro or any nondemocratic successor government in Venezuela. (3) Person The term person (4) United States person The term United States person (A) a United States citizen or alien lawfully admitted for permanent residence to the United States; (B) any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of any such entity); and (C) any person physically located in the United States. 302. Blocking international support for a nondemocratic government in Venezuela (a) Venezuelan trading partners The President should encourage the governments of countries that conduct trade with Venezuela to restrict their trade and credit relations with Venezuela in a manner consistent with the purposes of this Act. (b) Sanctions against countries assisting a nondemocratic government in Venezuela (1) In general The President may impose the following sanctions with respect to any country that provides assistance to the regime of Nicolàs Maduro or any nondemocratic successor government in Venezuela: (A) The President may determine that the government of such country is not eligible for nonhumanitarian assistance under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. 22 U.S.C. 2751 et seq. (B) The President may determine that the country is not eligible, under any program, for forgiveness or reduction of debt owed to the United States Government. (2) Termination This section, and any sanctions imposed pursuant to this section, shall cease to apply at such time as the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela. (c) Definitions In this section: (1) Assistance to Venezuela The term assistance to Venezuela (A) means assistance to or for the benefit of the Government of Venezuela that is provided by grant, concessional sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or otherwise; (B) includes— (i) subsidies for exports to Venezuela; (ii) favorable tariff treatment of articles that are the growth, product, or manufacture of Venezuela; and (iii) an exchange, reduction, or forgiveness of debt owed by the Government of Venezuela to a foreign country in return for a grant of an equity interest in a property, investment, or operation of the Government of Venezuela (including any agency or instrumentality of the Government of Venezuela) or a national of Venezuela; and (C) does not include— (i) humanitarian assistance, including donations of food, made available to nongovernmental organizations or individuals in Venezuela; or (ii) exports of medicines or medical supplies, instruments, or equipment permitted under section 204(c). (2) Agency or instrumentality of the Government of Venezuela The term agency or instrumentality of the Government of Venezuela agency or instrumentality of a foreign state a foreign state the Government of Venezuela 303. Financial sanctions with respect to debt instruments of Maduro regime (a) Prohibition of certain transactions (1) In general Beginning on the date of the enactment of this Act, all transactions by a United States person or within the United States that relate to, provide financing for, or otherwise deal in debt instruments issued by, for, or on behalf of Petróleos de Venezuela, S.A., or the regime of Nicolàs Maduro or any nondemocratic successor government in Venezuela, are prohibited. (2) Inclusions The prohibition under paragraph (1) includes a prohibition on— (A) entering into any transaction in— (i) debt instruments with a maturity of more than 90 days issued by Petróleos de Venezuela, S.A., on or after the date of the enactment of this Act; (ii) debt instruments with a maturity of more than 30 days or equity issued by the Maduro regime on or after such date of enactment, other than debt instruments issued by Petróleos de Venezuela, S.A., covered by subparagraph (A); (iii) bonds issued by the Maduro regime before such date of enactment; or (iv) dividend payments or other distributions of profits to the Maduro regime from any entity owned or controlled, directly or indirectly, by the Maduro regime; (B) the direct or indirect purchase of securities from the Maduro regime, other than— (i) securities qualifying as debt instruments issued by Petróleos de Venezuela, S.A., covered by paragraph (1)(A); and (ii) securities qualifying as debt instruments issued by the Maduro regime covered by paragraph (1)(B); (C) purchasing any debt owed to the Maduro regime, including accounts receivable; (D) entering into any transaction related to any debt owed to the Maduro regime that is pledged as collateral after May 21, 2018, including accounts receivable; (E) entering into any transaction involving the selling, transferring, assigning, or pledging as collateral by the Maduro regime of any equity interest in any entity in which the Maduro regime has a 50 percent or greater ownership interest; (F) entering into any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this subsection; and (G) any conspiracy formed to violate any of the prohibitions set forth in this subsection. (b) Rulemaking (1) In general The Secretary of the Treasury, in consultation with the Secretary of State, may take such actions, including prescribing rules and regulations, as are necessary to implement this section. (2) Delegation The Secretary of the Treasury may redelegate the authority described in paragraph (1) to other officers and agencies of the United States Government. (c) Responsibility of other agencies All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this section. 304. Sanctions with respect to cryptocurrency of Venezuela and provision of related technologies (a) Prohibition of certain transactions (1) In general Beginning on the date of the enactment of this Act, the following transactions are prohibited: (A) Any transaction by a United States person or within the United States that relate to, provide financing for, or otherwise deal in any digital currency, digital coin, or digital token, that was issued by, for, or on behalf of the regime of Nicolàs Maduro or any nondemocratic successor government. (B) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition under subparagraph (A). (C) Any conspiracy formed to violate a prohibition under subparagraph (A) or (B). (2) Applicability The prohibitions under paragraph (1) shall apply— (A) to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this section; and (B) notwithstanding any contract entered into or any license or permit granted before the date of the enactment of this Act. (b) Rulemaking (1) In general The Secretary of the Treasury, in consultation with the Secretary of State, may take such actions, including prescribing rules and regulations, as are necessary to implement this section. (2) Delegation The Secretary of the Treasury may redelegate the authority described in paragraph (1) to other officers and agencies of the United States Government. (c) Responsibility of other agencies All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this section. 305. Blocking property of the Government of Venezuela (a) Blocking of property The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (b) Persons described A person described in this subsection is any person determined by the Secretary of the Treasury, in consultation with the Secretary of State— (1) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person— (A) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control; and (B) the property and interests in property of which are blocked pursuant to subsection (a); or (2) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person the property and interests in property of which are blocked pursuant to subsection (a). (c) Prohibitions on evasion and conspiracies (1) Evasion Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate, the prohibition under subsection (a) is prohibited. (2) Conspiracy Any conspiracy formed to violate the prohibition under subsection (a) is prohibited. (d) Applicability Subsection (a) and the prohibitions under subsection (c) shall apply— (1) to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this section; and (2) notwithstanding any contract entered into or any license or permit granted before the date of the enactment of this Act. (e) Rulemaking (1) In general The Secretary of the Treasury, in consultation with the Secretary of State, may take such actions, including prescribing rules and regulations, as are necessary to implement this section. (2) Delegation The Secretary of the Treasury may redelegate the authority described in paragraph (1) to other officers and agencies of the United States Government. (f) Responsibility of other agencies All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this section. 306. Determination with respect to designation of Maduro regime as a terrorist organization (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees— (1) a determination with respect to whether the regime of Nicolàs Maduro meets the criteria for designation as— (A) a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (B) a specially designated global terrorist organization under Executive Order 13224 ( 50 U.S.C. 1701 (2) if the Secretary determines that the Maduro regime does not meet such criteria, a detailed justification with respect to which of such criteria have not been met. (b) Form The determination required by subsection (a) shall be submitted in unclassified form, but may include classified annex. 307. Suspension and termination of sanctions (a) Authority To suspend sanctions if transition government in power Upon submitting to the appropriate congressional committees a determination under section 101(a) that a transition government is in power in Venezuela, the President, after consultation with Congress, may take steps to suspend the sanctions imposed under this title, to the extent that such steps contribute to a stable foundation for a democratically elected government in Venezuela. (b) Termination of sanctions if democratically elected government in power Upon submitting to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, the President shall take steps to terminate the sanctions imposed under this title. (c) Review of suspension of sanctions (1) Reporting requirements If the President takes action under subsection (a) to suspend the sanctions imposed under this title, the President shall— (A) immediately notify Congress of that action; and (B) submit to Congress, not less frequently than every 180 days thereafter until the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, a report on the progress being made by Venezuela toward the establishment of a democratically elected government. (2) Congressional review (A) Joint resolution of disapproval defined In this paragraph, the term joint resolution of disapproval That Congress disapproves the action of the President under section 307(a) of the Venezuelan Democracy Act (B) Effect of enactment An action taken by the President under subsection (a) shall cease to be effective upon the enactment of a joint resolution of disapproval with respect to that action. (C) Referral to committees (i) Senate A joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Foreign Relations. (ii) House of Representatives A joint resolution of disapproval introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs. (D) Procedures (i) Senate A joint resolution of disapproval shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 ( Public Law 94–329 (ii) House of Representatives For the purpose of expediting the consideration and enactment of a joint resolution of disapproval, a motion to proceed to the consideration of such a resolution after it has been reported by the appropriate committee under subparagraph (C) shall be treated as highly privileged in the House of Representatives. (iii) Limitation Not more than one joint resolution of disapproval may be considered in the Senate and the House of Representatives in— (I) the 180-day period beginning on the date on which the President notifies Congress under paragraph (1)(A) with respect to action taken under subsection (a); and (II) each 180-day period thereafter. (E) Rules of House of Representatives and Senate This paragraph is enacted by Congress— (i) 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 (ii) 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. 308. Implementation; penalties (a) Implementation; penalties (1) Implementation The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this title or any regulation, license, or order issued to carry out this title shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (3) Waiver The President may waive the application of sanctions under this title with respect to a foreign person if the President, not later than 10 days before the waiver is to take effect, determines and certifies to the appropriate congressional committees that such a waiver is in the vital national security interest of the United States. The President shall submit with the certification a detailed justification explaining the reasons for the waiver. IV Assistance to a free and independent Venezuela 401. Policy toward a transition government and a democratically elected government in Venezuela It is the policy of the United States— (1) to support the self-determination of the people of Venezuela; (2) to recognize that the self-determination of the people of Venezuela is a sovereign and national right of the citizens of Venezuela, which must be exercised free of interference by the government of any other country; (3) to encourage the people of Venezuela to empower themselves with a government that reflects the self-determination of the people of Venezuela; (4) to recognize the potential for a difficult transition from the current regime in Venezuela, which may result from the initiatives taken by the people of Venezuela for self-determination in response to the intransigence of the regime of Nicolàs Maduro in not allowing any substantive political or economic reforms; (5) to be prepared to provide the people of Venezuela with humanitarian, developmental, and other economic assistance; (6) in solidarity with the people of Venezuela, to provide appropriate forms of assistance— (A) to a transition government in Venezuela; (B) to facilitate the rapid movement from such a transition government to a democratically elected government in Venezuela, which results from an expression of the self-determination of the people of Venezuela; and (C) to support such a democratically elected government; (7) through such assistance, to facilitate a peaceful transition to representative democracy and a market economy in Venezuela and to consolidate democracy in Venezuela; (8) to deliver such assistance to the people of Venezuela only through— (A) a transition government in Venezuela; (B) a democratically elected government in Venezuela; (C) United States Federal departments and agencies; or (D) United States, international, or appropriate local nongovernmental organizations; (9) to encourage other countries and multilateral organizations to provide similar assistance, and to work cooperatively with such countries and organizations to coordinate such assistance; (10) to ensure that appropriate assistance is rapidly provided and distributed to the people of Venezuela upon the institution of a transition government in Venezuela; (11) not to provide favorable treatment or influence on behalf of any individual or entity in the selection by the people of Venezuela of their future government; (12) to assist a transition government in Venezuela and a democratically elected government in Venezuela to prepare the Venezuelan military forces for an appropriate role in a democracy; (13) to take steps to remove economic and diplomatic sanctions imposed with respect to Venezuelan persons, as appropriate, when the President determines that a transition to a democratically elected government in Venezuela has begun; (14) to assist a democratically elected government in Venezuela to strengthen and stabilize the national currency of Venezuela; and (15) to pursue mutually beneficial trade relations with a free, democratic, and independent Venezuela. 402. Assistance for the people of Venezuela (a) Plans for providing assistance (1) Development of plans (A) In general The President shall develop— (i) a plan for providing assistance to Venezuela under a transition government; and (ii) a plan for providing assistance to Venezuela under a democratically elected government. (B) Strategy for distribution Each plan developed under subparagraph (A) shall include a strategy for distributing assistance under the plan. (2) Types of assistance (A) Transition government (i) In general Except as provided in clause (ii), assistance to Venezuela under a transition government under the plan developed under paragraph (1)(A)(i) shall be limited to— (I) such food, medicine, medical supplies and equipment, and assistance to meet emergency energy needs, as is necessary to meet the basic human needs of the people of Venezuela; and (II) assistance described in subparagraph (C). (ii) Additional assistance Assistance in addition to assistance under clause (i) may be provided to Venezuela under a transition government if the President certifies to the appropriate congressional committees, in accordance with procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 (B) Democratically elected government Assistance to Venezuela under a democratically elected government under the plan developed under paragraph (1)(A)(ii) may include, in addition to assistance available under subparagraphs (A) and (C)— (i) assistance under— (I) chapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (II) chapter 4 of part II of that Act ( 22 U.S.C. 2346 et seq. (ii) assistance under the Food for Peace Act ( 7 U.S.C. 1691 et seq. (iii) financing, guarantees, and other forms of assistance provided by the Export-Import Bank of the United States; (iv) support provided by the United States International Development Finance Corporation for investment projects in Venezuela; (v) assistance provided by the Trade and Development Agency; (vi) Peace Corps programs; and (vii) other appropriate assistance to carry out the policy set forth in section 401. (C) Military adjustment assistance Assistance to a transition government in Venezuela and to a democratically elected government in Venezuela shall also include assistance in preparing the Venezuelan military forces to adjust to an appropriate role in a democracy. (3) Distribution Assistance under a plan developed under paragraph (1) shall be provided through United States Federal departments and agencies and nongovernmental organizations and private and voluntary organizations, whether within or outside the United States, including humanitarian, educational, labor, and private sector organizations. (4) Communication with people of venezuela The President shall take the necessary steps to communicate to the people of Venezuela the plans for assistance developed under paragraph (1). (5) Report to congress Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report describing in detail the plans developed under paragraph (1). (b) Implementation of plans; reports to congress (1) Implementation with respect to transition government Upon submitting to the appropriate congressional committees a determination under section 101(a) that a transition government is in power in Venezuela, the President shall commence the delivery and distribution of assistance to the transition government under the plan developed under subsection (a)(1)(A)(i). (2) Reports to congress (A) Plan for assistance under transition government The President shall submit to the appropriate congressional committees a report— (i) setting forth the plan developed under subsection (a)(1)(A)(i) for providing assistance to Venezuela under a transition government; and (ii) describing the types of assistance, and the extent to which such assistance has been distributed, in accordance with the plan. (B) Deadlines for submission The President shall submit to the appropriate congressional committees— (i) a preliminary report described in subparagraph (A) not later than 15 days after making the determination described in paragraph (1); and (ii) the final report described in subparagraph (A) not later than 90 days after making that determination. (3) Implementation with respect to democratically elected government Upon submitting to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, the President shall commence the delivery and distribution of assistance to the democratically elected government under the plan developed under subsection (a)(1)(A)(ii). (4) Annual reports to congress Not later than 60 days after the end of each fiscal year, the President shall submit to the appropriate congressional committees a report on the assistance provided under the plans developed under subsection (a), including— (A) a description of each type of assistance and the amounts expended for such assistance during the preceding fiscal year; and (B) a description of the assistance to be provided under the plans in the fiscal year in which the report is submitted. (c) Coordinating official The President shall designate a coordinating official who shall be responsible for— (1) implementing the strategies for distributing assistance described in subsection (a)(1)(B); (2) ensuring the speedy and efficient distribution of such assistance; and (3) ensuring coordination among, and appropriate oversight by, the agencies of the United States that provide assistance described in section 402(a), including resolving any disputes among such agencies. (d) Reprogramming Any changes in the assistance to be provided under a plan developed under subsection (a) may not be made unless the President notifies the appropriate congressional committees at least 15 days in advance in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 (e) Funding limitation Assistance may be provided under this section only if amounts are authorized to be appropriated, and are appropriated, to provide such assistance. (f) International efforts The President shall take the necessary steps— (1) to seek to obtain the agreement of other countries and of international financial institutions and multilateral organizations to provide to a transition government in Venezuela, and to a democratically elected government in Venezuela, assistance comparable to that provided by the United States under this section; and (2) to work with such countries, institutions, and organizations to coordinate all such assistance programs. 403. Report on trade and investment relations between the United States and Venezuela (a) Report to congress Upon submitting to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, the President shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the appropriate congressional committees a report that describes— (1) acts, policies, and practices that constitute significant barriers to, or distortions of, United States trade in goods or services or foreign direct investment with respect to Venezuela; and (2) policy objectives of the United States regarding trade relations with a democratically elected government in Venezuela, and the reasons for such objectives, including possible reciprocal extension of nondiscriminatory trade treatment (most-favored-nation treatment). (b) Consultation With respect to the policy objectives described in subsection (a), the President shall— (1) consult with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the appropriate congressional committees; and (2) seek advice from the appropriate advisory committees established under section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 V General provisions 501. Effect of Act on lawful United States Government activities Nothing in this Act prohibits any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency, or of an intelligence agency, of the United States. 502. Exception relating to importation of goods (a) In general Notwithstanding any other provision of this Act, the authorities and requirements to impose sanctions under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good defined In this section, the term good

Venezuelan Democracy Act

Equitable Access to School Facilities Act This bill expands a grant program established to provide charter schools with facilities financing. Among other changes, the bill expands the allowable uses of a grant and revises the selection criteria for a grant. For example, the Department of Education must consider the extent to which the activities proposed to be carried out under a grant will increase charter schools' access to public buildings.

117 S5318 IS: Equitable Access to School Facilities Act U.S. Senate 2022-12-20 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. 5318 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Cassidy Mr. Bennet Committee on Health, Education, Labor, and Pensions A BILL To support the creation and implementation of State policies, as well as the expansion of existing State policies, for improving the quality and affordability of charter school facilities. 1. Short title This Act may be cited as the Equitable Access to School Facilities Act 2. Purpose The purpose of this Act is to authorize support for the creation and implementation of State policies, as well as the expansion of existing State policies, to improve the quality and affordability of charter school facilities, including by providing funding and financing for those facilities and expanding charter schools’ free access to public buildings. 3. Funding (a) Allotment Section 4302(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221a(b)(1) not more than 12.5 percent (b) Facilities financing assistance Section 4304(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221c(a)(1) use not less than 50 percent to 4. State facilities aid program authorized Section 4304 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221c (k) State facilities aid program (1) State entity defined In this subsection, the term State entity (2) Grants to State entities (A) Grants authorized From the amounts appropriated under paragraph (4) and not reserved under paragraph (3), the Secretary shall make competitive grants to State entities to pay for the cost of establishing or enhancing, and administering, charter school facilities aid programs. (B) Application A State entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (C) Selection considerations In making grants under this subsection, the Secretary shall consider, based on quantitative measures, the extent to which the activities proposed to be carried out under a grant will— (i) improve the equity of charter schools’ access to facilities funding and financing with a State, by reducing gaps in such funding (for both acquisitions and operating costs) between charter schools and other public schools; (ii) increase charter schools’ access to public buildings; and (iii) increase the access of charter schools in low-income and rural communities to adequate facilities. (D) Priorities In making grants under this subsection, the Secretary shall give a competitive preference priority to an applicant located in a State that— (i) qualifies for a priority under subparagraph (A) or (C) of section 4303(g)(2); (ii) provides charter schools with access to tax-exempt financing; (iii) ensures that land-use policies within the State, such as policies regarding permits and fees, provide for the same or substantially similar treatment of charter schools as of other public schools; (iv) prohibits localities and other instrumentalities of the State from imposing negative deed restrictions on properties that limit charter school access, including prohibitions on charter schools purchasing surplus public property; or (v) ensures that charter schools have the first right of refusal to purchase surplus public property. (E) Uses of funds A State entity receiving a grant under this subsection shall use such grant to carry out one or more of the following activities in the applicant’s State: (i) Increasing funding for, or creating financing mechanisms to support, charter schools’ acquisition, access to leasing, and renovation of facilities, which may include partnerships with local educational agencies that provide access to public buildings. (ii) Increasing funding for, or creating funding mechanisms to support, charter schools’ ongoing facilities costs. (iii) Supporting the creation of ownership models, such as local education property trusts through which municipalities set up independent public or nonprofit entities to plan, develop, and manage facilities for charter schools and other public service providers. (iv) Through a reserve fund, carrying out the activities described in subsection (f). (F) Supplement, not supplant A State entity receiving a grant under this subsection shall use such grant only to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subsection. (3) National activities From the amounts appropriated under paragraph (4), the Secretary may reserve not more than 2 percent to carry out, directly or through grants or contracts, technical assistance to grantees, evaluation of grant activities, and research and dissemination related to the purposes of this subsection. (4) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $100,000,000 for each of the fiscal years 2024 through 2028. . 5. Conforming amendment Section 4311 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221j (with the exception of section 4304(k)) this part

Equitable Access to School Facilities Act

Rural Wind Energy Modernization and Extension Act of 2021 This bill expands the energy tax credit to include qualified distributed wind energy property. The bill defines qualified distributed wind energy property to include property that uses one or more wind turbines used to produce electricity in a single project with a total nameplate capacity not exceeding 10 megawatts.

117 S532 IS: Rural Wind Energy Modernization and Extension 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. 532 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Ms. Klobuchar Mr. Bennet Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the energy tax credit to apply to qualified distributed wind energy property. 1. Short title This Act may be cited as the Rural Wind Energy Modernization and Extension Act of 2021 2. Qualified distributed wind energy properties added to energy credit (a) In general Section 48 (1) in subsection (a)— (A) in paragraph (7)— (i) in the header, by striking, Phaseout for fiber-optic solar, qualified fuel cell, and qualified small wind energy property Phaseout for fiber-optic solar or qualified fuel cell property (ii) by striking qualified fuel cell property, qualified small wind property, or energy property qualified fuel cell property or energy property (B) by adding at the end the following new paragraph: (8) Phaseout for qualified distributed wind energy property (A) In general Subject to subparagraph (B), in the case of any qualified distributed wind energy property described in paragraph (3)(A)(vi), the energy percentage determined under paragraph (2) shall be equal to— (i) in the case of any property the construction of which begins before January 1, 2028, 30 percent, and (ii) in the case of any property the construction of which begins after December 31, 2027, 10 percent. (B) Placed in service deadline In the case of any qualified distributed wind energy property described in subparagraph (A)(i) which is not placed in service before January 1, 2029, the energy percentage determined under paragraph (2) shall be equal to 10 percent. , (2) by striking qualified small wind energy property qualified distributed wind energy property (3) by amending subsection (c)(4) to read as follows: (4) Qualified distributed wind energy property (A) In general The term qualified distributed wind energy property (i) are installed on properties with sufficient electrical load such that the annual energy consumption of the property is at least 50 percent of the annual energy produced by the wind energy property, or (ii) are used as part of a subscription-based or shared-ownership program that benefits at least five customers and allocates energy production proportionately to subscription or ownership where no more than 50 percent of the energy produced is claimed by any one owner or subscriber. (B) Wind turbine The term wind turbine (i) uses wind to produce electricity, and (ii) is certified by an accredited certification agency that applies the performance and design standards of the American Wind Energy Association or International Electrotechnical Commission. . (b) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Rural Wind Energy Modernization and Extension Act of 2021

Medical Innovation Act of 2022 This bill requires certain drug manufacturers to make payments to fund research supported by the Food and Drug Administration (FDA) and the National Institutes of Health (NIH). A drug manufacturer with over $1 billion in net income in a fiscal year that has entered into a relevant settlement agreement regarding specified violations must pay 0.75%-1.5% of its net income to the Department of Health and Human Services for each of its covered blockbuster drugs. A covered blockbuster drug is a drug that has at least $1 billion in net sales in a year and was developed, in whole or in part, through federal investments in medical research. Payments are divided between the FDA and the NIH in proportion to the discretionary funding of those agencies, excluding FDA user fees. Payments are not disbursed if appropriations for the FDA or the NIH are lower than in the prior fiscal year. Priorities for payments must include advancing regulatory science for medical products and research related to diseases that disproportionately account for federal health care spending. A covered blockbuster drug for which a manufacturer has not made a required payment is considered misbranded and subject to prohibitions on introducing or receiving misbranded drugs in interstate commerce.

111 S5322 IS: Medical Innovation Act of 2022 U.S. Senate 2022-12-20 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. 5322 IN THE SENATE OF THE UNITED STATES December 20, 2022 Ms. Warren Mr. Brown Ms. Baldwin Mr. Whitehouse Mr. Van Hollen Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To authorize the collection of supplemental payments to increase congressional investments in medical research, and for other purposes. 1. Short title This Act may be cited as the Medical Innovation Act of 2022 2. Authority to assess and use supplemental payments to increase congressional investments in medical research (a) In general Section 301 of the Public Health Service Act ( 42 U.S.C. 241 (i) Authority To assess and use supplemental payments To increase congressional investments in medical research (1) Definitions For purposes of this subsection: (A) Covered blockbuster drug (i) In general The term covered blockbuster drug (I) for which the covered manufacturer reported to the Securities and Exchange Commission on a form, including form 10–K or form 20–F, or is otherwise determined by the Secretary to have received, at least $1,000,000,000 in net sales in the previous calendar year; and (II) that was developed, in whole or in part, through Federal Government investments in medical research, as the Secretary determines in accordance with clause (ii). (ii) Determination of Federal Government investment In determining under clause (i)(II) whether a product was developed, in whole or in part, through Federal Government investments in medical research, the Secretary shall consider whether information included in any patent that claims the covered blockbuster drug or that claims a method of using such covered blockbuster drug and with respect to which a claim of patent infringement could reasonably be asserted if a person not licensed by the owner engaged in the manufacture, use, or sale of the covered blockbuster drug, or any element of the covered blockbuster drug— (I) relates to, or is based upon, prior science conducted, in whole or in part, by a person that is or was funded by the Federal Government; (II) relates to, acts upon, or is based upon knowledge of a signaling pathway, cellular receptor, ion channel, protein, DNA or RNA sequence or mutation, virus, or any other scientific information discovered, in whole or in part, through research funded by the Federal Government; or (III) relates to, or is based upon, through the manufacturing process or testing process of the covered blockbuster drug, technology derived, in whole or in part, through research funded by the Federal Government. (B) Covered manufacturer The term covered manufacturer (i) that holds an application approved under section 505 of the Federal Food, Drug, and Cosmetic Act or a license under section 351 of this Act for a covered blockbuster drug; or (ii) who is a co-licensed partner of the person described in clause (i) that obtains the covered blockbuster drug directly from a person described in this clause or clause (i). (C) Covered settlement agreement (i) In general The term covered settlement agreement (I) that is between an agency and a covered manufacturer; (II) that relates to— (aa) an alleged violation of, or a penalty under, section 1128A of the Social Security Act or section 1128B of the Social Security Act; (bb) an alleged violation under subchapter III of chapter 37 False Claims Act (cc) an alleged violation under the Federal Food, Drug, and Cosmetic Act; or (dd) an alleged violation of any other Federal civil or criminal law; and (III) under the terms of which a covered manufacturer is obligated in an amount not less than a total of $1,000,000, including civil or criminal penalties with respect to any parties, including governmental and private entities. (ii) Exception for settlements not affecting taxpayers or public health The term covered settlement agreement (I) does not involve an alleged criminal violation; and (II) does not relate to— (aa) allegations of fraud resulting, or potentially resulting, in a loss of taxpayer dollars; or (bb) allegations of conduct having an adverse impact, or a potentially adverse impact, on the health of the public. (D) Person The term person (E) Product The term product (2) Supplemental payments to increase congressional investments in medical research (A) Supplemental payment assessment and collection Beginning with the first fiscal year that begins at least 60 days after the date of enactment of the Medical Innovation Act of 2022 (B) Criteria for assessing payments A covered manufacturer that meets both of the following criteria for a calendar year (referred to in this subparagraph and subparagraph (D) as the applicable calendar year (i) A covered manufacturer that, during the 5-year period immediately preceding the date on which the payment is assessed, but not before the date of enactment of the Medical Innovation Act of 2022 (ii) A covered manufacturer that reported net income of at least $1,000,000,000 to the Securities and Exchange Commission on a form, including form 10–K or form 20–F, or that the Secretary otherwise determines to have had net income of at least $1,000,000,000— (I) during the applicable calendar year; or (II) during the calendar year in which the covered manufacturer entered into a covered settlement agreement, as described in clause (i). (C) Payment amount (i) In general A covered manufacturer described in subparagraph (B) shall be assessed a supplemental payment to increase congressional investments in medical research for a fiscal year equal to the applicable percentage of the net income of the covered manufacturer, as reported or determined as described in subparagraph (B)(ii), for the previous calendar year, multiplied by the number of covered blockbuster drugs of the covered manufacturer for that year. (ii) Applicable percentage For purposes of determining the amount of a supplemental payment under clause (i), the applicable percentage of the net income of a covered manufacturer is— (I) 0.75 percent, in the case of a covered settlement agreement under the terms of which the total obligation of a covered manufacturer is in an amount that is less than $500,000,000; (II) 1 percent, in the case of a covered settlement agreement under the terms of which the total obligation of a covered manufacturer is in an amount that is at least $500,000,000 but less than $1,000,000,000; or (III) 1.5 percent, in the case of a covered settlement agreement under the terms of which the total obligation of a covered manufacturer is in an amount that is at least $1,000,000,000. (D) Annual limitation In the case of a covered manufacturer that entered into more than 1 covered settlement agreement during an applicable calendar year, such covered manufacturer shall be assessed a supplemental payment under subparagraph (C) only with respect to the covered settlement agreement under which the total amount obligated of the covered manufacturer, as described in paragraph (1)(C)(i)(III), is the highest. (E) Publication of payments Beginning with the first fiscal year that begins at least 60 days after the date of enactment of the Medical Innovation Act of 2022 (i) a list of covered manufacturers subject to the payment under this paragraph; (ii) a list of the covered blockbuster drugs of each such covered manufacturer; (iii) the total payment amount assessed to each such covered manufacturer; and (iv) the manner in which payments assessed under this paragraph will be collected. (F) Crediting and availability of supplemental payments (i) In general Subject to clause (ii), payments authorized under this paragraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Such payments are authorized to remain available until expended. (ii) Collections and appropriations Acts (I) In general The payments authorized by this paragraph— (aa) subject to subclause (II), shall be collected and available in each fiscal year in an amount not to exceed the amount specified in appropriation Acts, or otherwise made available for obligation, for such fiscal year; and (bb) shall be available to the Secretary to distribute, as described in paragraph (3). (II) Provision for early payments Payments authorized under clause (iii) for a fiscal year, prior to the due date for such payments, may be accepted by the Secretary. (iii) Authorization of appropriations For the first fiscal year that begins at least 60 days after the date of enactment of the Medical Innovation Act of 2022 (G) Remitting payments A covered manufacturer assessed a supplemental payment under subparagraph (A) shall remit the payment no later than the first business day on or after October 1 of each fiscal year, or the first business day after the date of enactment of an appropriations Act providing for the collection and obligation of supplemental payments for such fiscal year. (H) Collection of assessed payments that are not remitted In any case where the Secretary does not receive a supplemental payment assessed under subparagraph (A) within 30 days after it is due, such supplemental payment shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 (I) Supplement not supplant Payments collected under this paragraph shall be used to supplement and not supplant other Federal funds made available to carry out the priorities described in paragraph (4). (3) Distribution of payments to agencies to increase congressional investments in medical research (A) Distribution to agencies Subject to subparagraph (C), for the purposes described in paragraph (4), the Secretary shall distribute the amounts appropriated under paragraph (2)(F)(iii) during a fiscal year to— (i) the Food and Drug Administration, to be used in accordance with paragraph (4)(A); and (ii) the National Institutes of Health organized under title IV, to be used in accordance with paragraph (4)(B). (B) Distribution ratio between agencies The amount that the Secretary distributes to an agency under subparagraph (A) during a fiscal year shall bear the same relation to the total amount appropriated under paragraph (2)(F)(iii) for such fiscal year as the amount of discretionary funds appropriated to such agency for such fiscal year bears to the total amount of discretionary funding appropriated to both agencies listed in subparagraph (A) for such fiscal year. (C) Ensuring stable congressional investments in medical research (i) In general Supplemental payments collected in accordance with paragraph (2) shall not be distributed under subparagraph (A) for a fiscal year unless appropriations to both of the agencies listed in such subparagraph for the fiscal year are equal to or greater than appropriations to such agencies for the prior fiscal year. (ii) Delayed distribution If, in accordance with clause (i), the Secretary does not distribute payments collected in accordance with paragraph (2) during any portion of a fiscal year, and, at a later date in such fiscal year, the appropriations to the agencies listed in subparagraph (A) become equal to or greater than the amount of appropriations for the prior fiscal year, the Secretary may distribute such payment at any time in such fiscal year. (D) Considerations In determining amounts appropriated for purposes of subparagraphs (B) and (C)— (i) the Secretary shall not consider any amounts appropriated in accordance with paragraph (2)(F)(iii); and (ii) with respect to the Food and Drug Administration, the Secretary shall not consider amounts appropriated in accordance with subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (relating to user fees collected by the Secretary). (4) Prioritizing urgent needs in medical research The Secretary shall ensure that the payments distributed under paragraph (3) are used to meet urgent needs in medical research, including priorities as follows: (A) FDA With respect to the Food and Drug Administration, the priority use of the distributions shall include carrying out the goals of the strategy and implementation plan for advancing regulatory science for medical products under section 1124 of the Food and Drug Administration Safety and Innovation Act ( 21 U.S.C. 393 (B) NIH With respect to the National Institutes of Health, the priority use of the distributions shall include supporting— (i) research that fosters radical innovation, including— (I) research on diseases or conditions for which treatments exist but are inadequate; (II) research on diseases or conditions for which there are unmet medical needs; (III) research on diseases for which treatments exist but the side effect profiles of such treatments limit the therapeutic potential of such treatments; (IV) research on new approaches to treatment or diagnosis of a disease using a drug, device, or therapy that, at the time of distribution, is not used or is underused; or (V) research to identify new biomarkers; (ii) research that advances fundamental knowledge and technology even if it does not provide immediate or near-term clinical or therapeutic benefits, including research and technology that advances the understanding of biochemistry, biology, protein science, immunology, genetics, virology, microbiology, or neurology; (iii) research related to diseases that disproportionally account for Federal health care spending, including spending under the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of the Social Security Act, the State Children's Health Insurance Program under title XXI of the Social Security Act, the TRICARE program under chapter 55 Public Law 111–148 (I) diseases that dis­pro­por­tion­al­ly impact older individuals; (II) degenerative diseases; and (III) chronic conditions; and (iv) early career scientists by— (I) awarding research project grants that support discrete, specified, circumscribed projects to be performed by the investigator in an area representing the specific interests and competencies of such investigator, to investigators— (aa) who are within 10 years of completing a terminal research degree; or (bb) who are within 10 years of completing a medical residency; (II) awarding grants that support career development experiences that lead to earlier research independence; and (III) awarding grants that support innovative training programs that, in addition to scientific training, provide additional training to enhance employment opportunities, including training in management and business, to— (aa) graduate students; (bb) post-doctoral fellows; (cc) individuals within 10 years of completing a terminal research degree; or (dd) individuals within 10 years of completing a medical residency. (5) Annual reports (A) Secretary of health and human services Not later than 180 calendar days before the end of a fiscal year in which the Secretary has assessed supplemental payments under paragraph (2), the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, which shall include a description of supplemental payments assessed, collected, and distributed under this subsection for such fiscal year, and a list of the covered manufacturers that were assessed supplemental payments and the amount of such assessments. (B) FDA and NIH For each fiscal year in which amounts are distributed under paragraph (3), the Food and Drug Administration and the National Institutes of Health shall report on the use and impact of such amounts in the annual budget submission of such entity. . (b) Effect of failure To remit payment Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 (ee) If it is a drug that is a covered blockbuster drug (as defined in section 301(i)(1) of the Public Health Service Act) for which any payment assessed under section 301(i)(2) of such Act has not been paid in accordance with such section, until such payment is made. . (c) Severability If any provision of this section, any amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the provisions of this section, the amendments made by this section, and the application of such provisions or amendments to any person or circumstance shall not be affected.

Medical Innovation Act of 2022

Behavioral Intervention Guidelines Act of 2022 This bill requires the Substance Abuse and Mental Health Services Administration to report on best practices for behavioral and mental health intervention teams that support students who exhibit behaviors interfering with learning or who are at risk of harm to self or others in elementary schools, secondary schools, and institutions of higher education.

117 S5325 IS: Behavioral Intervention Guidelines Act of 2022 U.S. Senate 2022-12-20 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. 5325 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Cornyn Mr. King 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 to develop best practices for the establishment and use of behavioral intervention teams at schools, and for other purposes. 1. Short title This Act may be cited as the Behavioral Intervention Guidelines Act of 2022 2. Best practices for behavioral and mental health intervention teams The Public Health Service Act is amended by inserting after section 520G of such Act ( 42 U.S.C. 290bb–38 520H. Best practices for behavioral and mental health intervention teams (a) In general The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, shall submit to the Health, Education, Labor, and Pensions Committee of the Senate and the Energy and Commerce Committee of the House of Representatives a report that identifies best practices related to using behavioral and mental health intervention teams, which may be used to assist elementary schools, secondary schools, and institutions of higher education interested in voluntarily establishing and using such teams to support students exhibiting behaviors interfering with learning at school or who are at risk of harm to self or others. (b) Elements The report under subsection (a) shall assess evidence supporting such best practices and, as appropriate, include consideration of the following: (1) How behavioral and mental health intervention teams might operate effectively from an evidence-based, objective perspective while protecting the constitutional and civil rights and privacy of individuals. (2) The use of behavioral and mental health intervention teams— (A) to identify and support students exhibiting behaviors interfering with learning or posing a risk of harm to self or others; and (B) to implement evidence-based interventions to meet the behavioral and mental health needs of such students. (3) How behavioral and mental health intervention teams can— (A) access evidence-based professional development to support students described in paragraph (2)(A); and (B) ensure that such teams— (i) are composed of trained, diverse stakeholders with expertise in child and youth development, behavioral and mental health, and disability; and (ii) use cross validation by a wide-range of individual perspectives on the team. (4) How behavioral and mental health intervention teams can help mitigate inappropriate referral to mental health services or law enforcement by implementing evidence-based interventions that meet student needs. (c) Consultation In carrying out subsection (a), the Secretary shall consult with— (1) the Secretary of Education; (2) the Director of the National Threat Assessment Center of the United States Secret Service; (3) the Attorney General; (4) teachers (which shall include special education teachers), principals and other school leaders, school board members, behavioral and mental health professionals (including school-based mental health professionals), and parents of students; (5) local law enforcement agencies and campus law enforcement administrators; (6) privacy, disability, and civil rights experts; and (7) other education and mental health professionals as the Secretary deems appropriate. (d) Publication The Secretary shall publish the report under subsection (a) in an accessible format on the internet website of the Department of Health and Human Services. (e) Definitions In this section: (1) The term behavioral and mental health intervention team (A) are trained to identify and assess the behavioral health needs of children and youth and who are responsible for identifying, supporting, and connecting students exhibiting behaviors interfering with learning at school, or who are at risk of harm to self or others, with appropriate behavioral health services; and (B) develop and facilitate implementation of evidence-based interventions to— (i) mitigate the threat of harm to self or others posed by a student described in subparagraph (A); (ii) meet the mental and behavioral health needs of such students; and (iii) support positive, safe, and supportive learning environments. (2) The terms elementary school parent secondary school (3) The term institution of higher education .

Behavioral Intervention Guidelines Act of 2022

National Task Force on the COVID-19 Pandemic Act This bill establishes a legislative branch task force to investigate the facts and circumstances of the COVID-19 pandemic, including preparedness for and responses to the pandemic.

117 S5327 IS: National Task Force on the COVID-19 Pandemic Act U.S. Senate 2022-12-20 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. 5327 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mrs. Feinstein Mr. Marshall Mrs. Gillibrand Ms. Baldwin Ms. Ernst Committee on Health, Education, Labor, and Pensions A BILL To establish the National Task Force on the Response of the United States to the COVID–19 Pandemic. 1. Short title This Act may be cited as the National Task Force on the COVID-19 Pandemic Act 2. Comprehensive review of the COVID–19 response (a) Establishment of task force There is established in the legislative branch a task force to be known as the National Task Force on the Response of the United States to the COVID–19 Pandemic Task Force (b) Purposes The purposes of the Task Force are to— (1) examine, assess, and report upon the United States preparedness for, and response to, the COVID–19 pandemic, including— (A) the initial Federal, State, local, and territorial responses in the United States; (B) the ongoing Federal, State, local, and territorial responses in the United States, including the activities, policies, and decisions of the Trump Administration and the Biden Administration; (C) the impact of the pandemic on public health and health care systems; and (D) the initial outbreak in Wuhan, China, including efforts to determine the potential causes for the emergence of the SARS–CoV–2 virus, and Federal actions to mitigate its spread internationally; (2) build upon existing or ongoing evaluations and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of other appropriate task forces, committees, commissions, or entities established by other public or nonprofit private entities related to the United States preparedness for, and response to, the COVID–19 pandemic; (3) identify gaps in public health preparedness and medical response policies, processes, and activities, including disparities in COVID–19 infection and mortality rates among people of color, older adults, people with disabilities, and other vulnerable or at-risk groups, and how such gaps impacted the ability of the United States to respond to the COVID–19 pandemic; and (4) submit a report to the President and to Congress on its findings, conclusions, and recommendations to improve the United States preparedness for, and response to, future public health emergencies, including a public health emergency resulting from an emerging infectious disease. (c) Composition of Task Force; meetings (1) Members The Task Force shall be composed of 12 members, of whom— (A) 1 member shall be appointed by the majority leader of the Senate; (B) 1 member shall be appointed by the minority leader of the Senate; (C) 2 members shall be appointed by the chair of the Committee on Health, Education, Labor, and Pensions of the Senate; (D) 2 members shall be appointed by the ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate; (E) 1 member shall be appointed by the Speaker of the House of Representatives; (F) 1 member shall be appointed by the minority leader of the House of Representatives; (G) 2 members shall be appointed by the chair of the Committee on Energy and Commerce of the House of Representatives; and (H) 2 members shall be appointed by the ranking member of the Committee on Energy and Commerce of the House of Representatives. (2) Chair and vice chair Not later than 30 days after the date on which all members of the Task Force are appointed under paragraph (1), such members shall meet to elect a Chair and Vice Chair from among such members. The Chair and Vice Chair shall each be elected to serve upon an affirmative vote from not less than 8 members of the Task Force. The Chair and Vice Chair shall not be registered members of the same political party. (3) Qualifications (A) Political party affiliation Not more than 6 members of the Task Force shall be registered members of the same political party. (B) Nongovernmental appointees An individual appointed to the Task Force may not be an officer or employee of the Federal Government or any State, local, Tribal, or territorial government. (C) Qualifications It is the sense of Congress that individuals appointed to the Task Force should be highly qualified citizens of the United States. Members appointed under paragraph (1) may include individuals with expertise in— (i) public health, health disparities and at-risk populations, medicine, and related fields; (ii) State, local, Tribal, or territorial government, including public health and medical preparedness and response and emergency management and other relevant public administration; (iii) research regarding, or the development, manufacturing, distribution, and regulation of, medical products; (iv) national security and foreign relations, including global health; and (v) commerce, including transportation, supply chains, and small business. (4) Deadline for appointment All members of the Task Force shall be appointed not later than 90 days after the date of enactment of this Act. (5) Meetings The Task Force shall meet and begin the operations of the Task Force as soon as practicable. After its initial meeting, the Task Force shall meet upon the call of the Chair and Vice Chair or not less than 8 of its members. (6) Quorum; vacancies (A) Quorum Eight members of the Task Force shall constitute a quorum. (B) Vacancies Any vacancy in the Task Force shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) Functions of Task Force The functions of the Task Force are to— (1) conduct a review that— (A) examines the initial outbreak of the SARS–CoV–2 virus in Wuhan, China, including— (i) engaging with willing partner governments and global experts; (ii) seeking access to relevant records; and (iii) examining the potential causes of the emergence and source of the virus; (B) examines the United States preparation for, and response to, the COVID–19 pandemic, including— (i) relevant laws, policies, regulations, and processes that were in place prior to, or put into place during, 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 (ii) relevant actions taken by, and coordination between, Federal, State, local, Tribal, and territorial governments, nongovernmental organizations, and international organizations on preparedness and response efforts, including coordination between governments and other public and private entities, during the— (I) initial response in the United States; (II) response during the Trump Administration; and (III) ongoing response during the Biden Administration; (iii) communication of public health and scientific information related to the COVID–19 pandemic, including processes for the development, approval, and dissemination of Federal public health and other relevant public health or scientific guidance; and (iv) actions taken to support the development, manufacturing, and distribution of medical countermeasures and related medical supplies to prevent, detect, and treat COVID–19; and (C) may include assessments relating to— (i) the capacity and capabilities of Federal, State, local, Tribal, and territorial governments to respond to the COVID–19 pandemic; (ii) the capacity and capabilities of health care facilities and the health care workforce to respond to the COVID–19 pandemic; (iii) medical countermeasure research and development and the supply chains of medical products necessary to respond to the COVID–19 pandemic; (iv) international preparedness for and response to COVID–19, and Federal decision-making processes related to new global health threats; (v) containment and mitigation measures related to domestic and international travel in response to COVID–19; and (vi) the impact of the COVID–19 pandemic and related mitigation efforts on hard-to-reach and at-risk or underserved populations, including related health disparities; (2) identify, review, and evaluate the lessons learned from the COVID–19 pandemic, including activities to prepare for, and respond to, future potential pandemics and related public health emergencies; and (3) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Task Force shall determine. (e) Powers of Task Force (1) Hearings The Task Force may— (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence as determined by the Chair and Vice Chair, and administer such oaths as the Task Force or a designated member, as determined by the Chair or Vice Chair, may determine advisable to be necessary to carry out the functions of the Task Force; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the person described in paragraph (2)(A)(i) may determine advisable. (2) Subpoenas (A) Issuance (i) In general A subpoena may be issued under this subsection only— (I) by the agreement of the Chair and the Vice Chair; or (II) by the affirmative vote of not less than 9 members of the Task Force. (ii) Signature Subpoenas issued under this subsection may be issued under the signature of the Chair or any member designated by a majority of the Task Force, and may be served by any person designated by the Chair or by a member designated by agreement of the majority of the Task Force. (B) Enforcement In the case of contumacy or failure to obey a subpoena issued under subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (3) Contracting The Task Force may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Task Force to discharge its duties under this Act. (4) Information from federal agencies (A) In general The Task Force may access from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, such information, documents, suggestions, estimates, and statistics as the Task Force considers necessary to carry out this section. (B) Provision of information On written request of the Chair, each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, provide such information to the Task Force. (C) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Task Force and its staff consistent with all applicable statutes, regulations, and executive orders. (5) Assistance from Federal agencies (A) General services administration On request of the Chair and Vice Chair, the Administrator of the General Services Administration shall provide to the Task Force, on a reimbursable basis, administrative support and other assistance necessary for the Task Force to carry out its duties. (B) Other departments and agencies In addition to the assistance provided for in subparagraph (A), departments and agencies of the United States may provide to the Task Force such assistance as such departments and agencies may determine advisable and as authorized by law. (6) Donations The Task Force may accept, use, and dispose of gifts or donations of services or property. Not later than 5 days after the acceptance of a donation under this subsection, the Task Force shall publicly disclose— (A) the name of the entity that provided such donation; (B) the service or property provided through such donation; (C) the value of such donation; and (D) how the Task Force plans to use such donation. (7) Postal services The Task Force may use the United States mails in the same manner and under the same conditions as a department or agency of the United States. (f) Applicability of Federal Advisory Committee Act (1) In general The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Task Force. (2) Public meetings and release of public versions of reports The Task Force shall— (A) hold public hearings and meetings to the extent appropriate; and (B) release public versions of the reports required under paragraphs (1) and (2) of subsection (j). (3) Public hearings Any public hearings of the Task Force shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Task Force as required by any applicable statute, regulation, or Executive order. (g) Staff of Task Force (1) In general (A) Appointment and compensation The Chair of the Task Force, in agreement with the Vice Chair, in accordance with rules agreed upon by the Task Force, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Task Force to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (B) Personnel as Federal employees (i) In general The staff director and any personnel of the Task Force who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (ii) Members of task force Clause (i) shall not be construed to apply to members of the Task Force. (2) Detailees Upon request of the Chair and Vice Chair of the Task Force, the head of any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government employee may detail, without reimbursement, any of its personnel to the Task Force to assist in carrying out its duties under this section. Any such detailee shall be without interruption or loss of civil service status or privilege. (3) Consultant services The Task Force is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (h) Compensation and travel expenses Each member of the Task Force shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (i) Security clearances for task force members and staff The appropriate Federal agencies or departments shall cooperate with the Task Force in expeditiously providing to the Task Force members and staff appropriate security clearances, consistent with existing procedures and requirements. No person shall be provided with access to classified information under this section without the appropriate security clearances. (j) Reports of Task Force; termination (1) Interim report Not later than 180 days after the date of enactment of this Act, the Task Force shall submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives an interim report containing such findings, conclusions, and recommendations as have been agreed to by not less than 8 members of the Task Force. Such interim report shall be made available online in a manner that does not compromise national security. (2) Final Report (A) In general Not later than 18 months after the date on which the last member of the Task Force is appointed, the Task Force shall submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a final report containing such findings, conclusions, and recommendations as have been agreed to by not less than 8 members of the Task Force. The final report shall be made available online in a manner that does not compromise national security. (B) Extensions (i) In general The submission and publication of the final report, as described in subparagraph (A), may be delayed by 6 months upon the agreement of not less than 8 members of the Task Force. (ii) Notification The Task Force shall notify the President, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the public of any extension granted under clause (i). (C) Special rules and considerations (i) Rule of construction Nothing in this subsection shall be construed as authorizing the Task Force to publicly disclose information otherwise prohibited from disclosure by law. (ii) Special timing considerations Notwithstanding any other provision of this section, the Task Force shall not publish or make available any interim or final report during the 60-day periods ending November 5, 2024, and November 3, 2026. (3) Termination (A) In general The Task Force, and all the authorities of this section, shall terminate 60 days after the date on which the final report is submitted under paragraph (2). (B) Administrative activities before termination The Task Force may use the 60-day period referred to in subparagraph (A) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. (k) Funding (1) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this Act. (2) Duration of availability Amounts made available to the Task Force under paragraph (1) shall remain available until the termination of the Task Force.

National Task Force on the COVID-19 Pandemic Act

Guidance Clarity Act of 2021 This bill requires federal agencies to state on the first page of guidance documents that such guidance (1) does not have the force and effect of law, and (2) is intended only to provide clarity to the public about existing legal requirements or agency policies.

117 S533 IS: Guidance Clarity 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. 533 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Mr. Lankford Mr. Risch Mr. Johnson Committee on Homeland Security and Governmental Affairs A BILL To require a guidance clarity statement on certain agency guidance, and for other purposes. 1. Short title This Act may be cited as the Guidance Clarity Act of 2021 2. Guidance clarity statement required (a) Definitions In this section: (1) Agency; rule The terms agency rule (2) Guidance The term guidance (A) means an agency statement of general applicability, intended to have a future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation; and (B) does not include— (i) a rule promulgated pursuant to notice and comment under section 553 of title 5, United States Code; (ii) a rule exempt from rulemaking requirements under section 553(a) of title 5, United States Code; (iii) a rule of agency organization, procedure, or practice; (iv) a decision of an agency adjudication under section 554 of title 5, United States Code, or any similar statutory provision; (v) internal guidance directed to the issuing agency or other agency that is not intended to have a substantial future effect on the behavior of regulated parties; or (vi) internal executive branch legal advice or legal opinions addressed to executive branch officials. (b) Requirement Each agency shall include a guidance clarity statement as described in subsection (c) on any guidance issued by that agency on and after the date of enactment of this Act. (c) Guidance clarity statement A guidance clarity statement required under subsection (b) shall— (1) be displayed prominently on the first page of the document; and (2) include the following: The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Guidance Clarity Act of 2021

Stateless Protection Act of 2022 This bill provides protections for stateless persons (a person who is not considered a national of any state by that state's law). For example, the bill establishes stateless protected status, which shall provide protections against deportation and other benefits to certain stateless persons present in the United States who meet certain criteria.

117 S5330 IS: Stateless Protection Act of 2022 U.S. Senate 2022-12-21 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. 5330 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Cardin Committee on the Judiciary A BILL To protect stateless persons in the United States, and for other purposes. 1. Short title This Act may be cited as the Stateless Protection Act of 2022 2. Purposes The purposes of this Act are— (1) to resolve the status of stateless persons in the United States and to promote their access to fundamental human rights and human dignity; and (2) to prevent statelessness from occurring under United States law or on United States territory. 3. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) The international community has recognized the significance of the right to a nationality in the International Covenant on Civil and Political Rights, done at New York December 16, 1966, to which the United States is a signatory, as well as the Universal Declaration of Human Rights and numerous international treaties, including the Convention Relating to the Status of Stateless Persons, done at New York September 28, 1954, and the Convention on the Reduction of Statelessness, done at New York August 30, 1961. (2) Statelessness is an abhorrent violation of fundamental human rights and human dignity, and a life of statelessness has been recognized by the Supreme Court of the United States as a form of punishment more primitive than torture. (3) Government action and inaction causes statelessness; therefore, governments have the power to resolve and prevent statelessness. (4) The United Nations High Commissioner for Refugees— (A) is the United Nations agency responsible for preventing and reducing statelessness; and (B) estimates that there are more than 4,200,000 stateless persons worldwide. (5) A 2020 study found that there are approximately 218,000 individuals living in the United States who are stateless or at risk of statelessness. (6) Stateless individuals live in all 50 States, and many such individuals have lived in the United States for years or decades without relief. (7) Despite the presence of stateless persons in the United States, there is no law relating to the identification of stateless persons in the United States or to provide them with a path to legal status. (8) Stateless persons generally— (A) live without the means to work legally or to travel; and (B) face barriers in opening bank accounts, pursuing higher education, and obtaining health care. (9) If detained for removal from the United States, a stateless person is often subjected to prolonged detention and cannot be removed because no country recognizes the person as its citizen. (b) Sense of Congress It is the sense of Congress that to resolve statelessness and its related human suffering, lost potential, and societal impacts, the United States should— (1) provide a legal status to protect stateless persons; and (2) urge the international community to take strong action to prevent statelessness globally. 4. Protection of stateless persons in the United States (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. 245B. Protection of stateless persons in the United States (a) Definitions In this section: (1) Competent authority With respect to a foreign country, the term competent authority (A) means the authority responsible for— (i) conferring nationality on, or withdrawing nationality from, individuals; or (ii) in the case of nationality having been acquired or withdrawn automatically, clarifying the nationality status of an individual; and (B) includes a Federal, local, or regional government entity, a consular official, and a government official at any level, notwithstanding any process by which a decision by such an entity or official may later be overridden. (2) National; nationality The terms national nationality (A) refer to a formal link, of a political and legal character, between an individual and a country; and (B) do not include the concept of nationality relating to membership in a religious, linguistic, or ethnic group. (3) Noncitizen The term noncitizen alien (4) Operation of law; operation of its law The terms operation of law operation of its law (A) refer to the consideration by a competent authority of a country with respect to an individual in practice, including under the legislation, ministerial decrees, regulations, orders, judicial case law, and customary practices of the competent authority; and (B) include situations in which the position of the competent authority differs from the law as written, if the position of the competent authority that an individual is not a national of the country is determinative. (5) Relevant association The term relevant association (A) birth on the territory of the country; (B) descent from 1 or more individuals who are nationals of the country; (C) marriage to an individual who is a national of the country; (D) adoption by an individual who is a national of the country; or (E) habitual residence in the country. (6) Stateless person The term stateless person (b) Mechanisms for regularizing the status of stateless persons (1) Stateless protected status (A) Principal applicants Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— (i) is a stateless person present in the United States; (ii) applies for such relief; (iii) has not formally renounced his or her nationality as a result of voluntary, affirmative, and intentional action after arrival in the United States and after the date of the enactment of this section, unless the renunciation was the result of duress, coercion, or a reasonable expectation that the noncitizen had acquired or would acquire another nationality or citizenship; (iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and (v) is not described in section 241(b)(3)(B)(i). (B) Treatment of spouse and children Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— (i) is the spouse or child of a noncitizen described in subparagraph (A), if such spouse or child is not otherwise eligible for admission under that subparagraph; (ii) is accompanying, or following to join, such noncitizen; (iii) established the qualifying relationship to such noncitizen before the date on which such noncitizen applied for stateless protected status; (iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and (v) is not described in section 241(b)(3)(B)(i). (C) Stateless protected status Noncitizens with stateless protected status— (i) shall— (I) receive relevant protections against deportation, removal, and detention, as described in paragraph (3); (II) be authorized for employment, as described in paragraph (4); and (III) be eligible to apply for a travel document, as described in paragraph (5); and (ii) shall not face limitations from immigration enforcement officials on their domestic travel. (D) Concurrent grant of lawful permanent residence (i) In general Except as provided in clause (ii), notwithstanding any other provision of law, immediately on granting stateless protected status to a noncitizen, the Secretary of Homeland Security shall adjust the status of the noncitizen to that of a noncitizen lawfully admitted for permanent residence. (ii) Exception The Secretary of Homeland Security may not adjust the status of a noncitizen with stateless protected status who is inadmissible under section 212(a)(2). (2) Waivers (A) In general Notwithstanding any other provision of law, the Secretary of Homeland Security may, for humanitarian purposes, in the interests of access to fundamental or enabling rights, to ensure family unity, or when it is otherwise in the public interest, waive the operation of the grounds of inadmissibility set forth in paragraphs (2) and (3) of section 212(a), for relief under this section. (B) Factors In making a determination under subparagraph (A), the Secretary of Homeland Security shall consider all relevant factors, including— (i) mitigating and aggravating factors of the basis for inadmissibility; (ii) the duration of the noncitizen’s residence in the United States; and (iii) the degree to which the noncitizen’s removal, or denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. (3) Release from post-removal detention A grant of stateless protected status under this section shall— (A) trigger immediate release of an individual from post-removal detention; (B) be considered to establish that there is no significant likelihood of the individual's removal in the reasonably foreseeable future; and (C) establish a presumption that travel documents are not available for the individual. (4) Employment authorization (A) In general An individual granted stateless protected status under this section shall receive employment authorization for a renewable period not less than 5 years. (B) Pending application (i) In general During the 150-day period after the date on which an application for status under this section is submitted, the Secretary of Homeland Security may authorize the applicant to engage in employment in the United States. (ii) Mandatory employment authorization If the Secretary of Homeland Security has not issued a decision within the 150-day period beginning on the date on which an application for status under this section is submitted, the Secretary of Homeland Security shall authorize the applicant to engage in employment in the United States until the date on which a decision is issued on the application for lawful permanent residence or stateless protected status. (5) Travel documents (A) In general On request, the Secretary of Homeland Security shall provide to any noncitizen granted relief under this section, a travel document that facilitates the noncitizen’s ability to travel abroad and to be admitted to the United States upon return. (B) Validity The minimum period of validity for a document issued under subparagraph (A) shall be 10 years. (6) Naturalization Notwithstanding any other provision of law, an individual granted lawful permanent residence status under paragraph (1)(D) may apply for naturalization after having resided continuously in the United States for at least 3 years beginning on the date on which such individual is granted lawful permanent resident status. (c) Evidentiary matters (1) In general In determining if an individual is a stateless person under this section, the Secretary of Homeland Security shall consider and obtain any credible evidence relevant to the application, including information from— (A) the Department of State, particularly the Bureau of Population, Refugees, and Migration and the Bureau of Democracy, Human Rights, and Labor; and (B) relevant international and foreign bodies, such as the United Nations High Commissioner for Refugees, nongovernmental organizations, and the competent authorities of other countries. (2) Designation of specific groups of stateless persons The Secretary of Homeland Security, in consultation with the Secretary of State, may designate 1 or more specific groups of individuals who shall be considered stateless persons for purposes of this section, and a noncitizen who belongs to a group so designated shall be considered a stateless person. (3) Burden of proof The burden of proof with respect to evidentiary matters relating to an application under this section shall be shared between the Secretary of Homeland Security and the applicant. (4) Standard of proof (A) In general A noncitizen shall be considered to be a stateless person if it is established to a reasonable degree that the noncitizen meets the definition of the term stateless person (B) Assessment of nationality The nationality of an individual shall be assessed as of the date on which a determination of eligibility under this section is made. (5) Submission of documentary evidence (A) Supporting documents from applicant An applicant for relief under this section shall submit, as part of the application for such relief— (i) a full and truthful account, to the best of the noncitizen’s knowledge, of such noncitizen’s legal status with regard to any country in which the applicant was born or resided before entering the United States or to which the applicant has a relevant association; and (ii) all evidence reasonably available, including any valid or expired travel document. (B) Evidence available to secretary of homeland security The Secretary of Homeland Security shall obtain and submit to the immigration officer or immigration judge and the applicant or, as applicable, the applicant’s counsel, all available evidence regarding the legal status of the applicant in the applicant’s country of birth or prior residence or any country to which the applicant has a relevant association, including information on the relevant laws and practices of the countries concerned. (C) Consideration of response The Secretary of Homeland Security may consider as substantial evidence that an individual is not considered by a country to be national of the country the following: (i) After 120 days have elapsed after the Secretary of Homeland Security has requested information from the country with respect to the nationality status of the individual, the lack of response from the competent authority of the country. (ii) A pro forma response from the country that lacks an application of the law or facts to the particular individual. (iii) The refusal of the country to accept the individual for deportation or removal. (d) Fees The Secretary of Homeland Security may not charge a noncitizen any fee in connection with an application for, or issuance of, lawful status under this section, employment authorization, or travel documents. (e) Jurisdiction and review (1) In general The Director of U.S. Citizenship and Immigration Services shall have jurisdiction over an application for stateless protected status and adjustment of status filed by a noncitizen under this section. (2) Review A denial by the Secretary of Homeland Security of an application for relief under this section shall be subject to review by the Administrative Appeals Office of U.S. Citizenship and Immigration Services. (f) Effect on removal proceedings With respect to a noncitizen in removal proceedings who files an application for relief under this section, the Attorney General shall postpone the removal proceedings pending the adjudication of the application. (g) Applicants with final orders of removal (1) Motions to reopen (A) In general A noncitizen whose removal, deportation, or exclusion proceedings were concluded before the date of the enactment of this section, and who is eligible for relief under this section, may file 1 motion to reopen proceedings to apply for such relief not later than 1 year after the date of the enactment of this section. (B) Effect of limitations A time or numerical limitation on motions to reopen removal, deportation, or exclusion proceedings may not be construed to restrict the filing of a motion to reopen under this paragraph if such limitation is based on previously unavailable evidence or facts, or on changed facts or circumstances, including a discovery by a noncitizen that the noncitizen may be a stateless person. (2) Stay of removal (A) In general An applicant for relief under this section who has been issued a final order of removal, deportation, or exclusion may request a stay of removal, deportation, or exclusion. (B) Consideration of request With respect to an individual who requests a stay under subparagraph (A), if the Secretary of Homeland Security determines that the application for relief is bona fide, the Secretary shall automatically stay the execution of the final order of deportation, exclusion, or removal, and the stay will remain in effect until a final decision is made on the applications. (C) Effect of denial If the application is denied, the stay of the final order is deemed lifted as of the date of such denial, without regard to whether the noncitizen appeals the decision. (3) Termination On the grant of an application for relief under this section to a noncitizen with a final order of removal, deportation, or exclusion, the final order shall be deemed canceled by operation of law as of the date of the approval. (h) Exclusion from numerical limitations Individuals provided status under this section shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4). (i) Rule of construction Nothing in this section may be construed to authorize or require the admission of any noncitizen to the United States. (j) Reports (1) In general Not later than 120 days after the date of the enactment of this section, and every 90 days thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on— (A) the number of applications submitted under each of paragraphs (1), (4), and (5) of subsection (b) since the date of the enactment of this section, disaggregated by the country of birth of the applicants; and (B) average timelines for processing each such application. (2) Public availability The Secretary of Homeland Security shall publish each report submitted under paragraph (1) on the internet website of the Department of Homeland Security, respectively. (k) Publication of guidance Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish all policy manuals, guidance, and application instructions relating to applications under this section on the internet website of the Department of Homeland Security. (l) Regulations The Secretary of Homeland Security may issue such regulations as the Secretary of Homeland Security considers appropriate to carry out this section. . (b) Technical and conforming amendments (1) Table of contents The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. Sec. 245B. Protection of stateless persons in the United States. . (2) Exception for unlawful presence of stateless persons Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B)(iii) (V) Stateless persons Clause (i) shall not apply to a noncitizen who demonstrates that he or she is a stateless person (as defined in section 245B(a)). . 5. Prevention of statelessness (a) Births to united states citizens overseas Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 (1) in subsection (g), by striking ; and (2) in subsection (h), by striking the period at the end and inserting ; and (3) by adding at the end the following: (i) a person born to a citizen of the United States outside the United States or in an outlying possession of the United States, if such person is born as a stateless person (as defined in section 245B(a)). . (b) Foundlings Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 (f) a person of unknown parentage found in the United States while under the age of 18 years, until shown, prior to the person attaining the age of 21 years, not to have been born in the United States; . (c) Stateless safeguards for derivative citizenship and international adoptions (1) Stateless safeguards Section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 (e) (1) Notwithstanding any other provision of law, a person born outside the United States or in an outlying possession who is or becomes a stateless person (as defined in section 245B(a)) automatically becomes a citizen of the United States on the date on which one of the following conditions has been fulfilled: (A) One parent is or was a citizen of the United States. (B) The person was adopted by— (i) a citizen of the United States; or (ii) an individual who became a citizen of the United States after the date of such adoption. (2) This subsection applies to any person who meets the criteria under paragraph (1) at any time. . (2) Age Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) (2) The child is under the age of 21 years. . (3) Entry and custody Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) (3) The child is residing in the United States, and provided such child is under the legal age of adulthood in the State in which the parent of the child or the child resides, is in the legal and physical custody of the citizen parent. . (d) Programs To prevent statelessness The Secretary of Homeland Security and Secretary of State shall jointly establish and carry out initiatives to prevent statelessness from occurring, which may include— (1) an assessment of United States citizenship law to determine and amend any provision of law that results in statelessness or a delayed acquisition of nationality that increases the risk of statelessness; (2) studies on the profiles and number of stateless people living in the United States; (3) programs to promote inclusive and nondiscriminatory nationality laws and practices in other countries, with particular attention to the prevention of atrocity crimes; (4) programs to encourage other countries to establish stateless status determination and protection legislation; and (5) grants to universities and nongovernmental organizations to accelerate research, education, curricula, and knowledge on nationality law and practice and statelessness.

Stateless Protection Act of 2022

Election Security Act of 2022 This bill addresses election security through grant programs and requirements for voting systems and paper ballots. Among other provisions, the bill (1) establishes requirements for voting systems, including that systems use individual, durable, voter-verified paper ballots; (2) directs the Election Assistance Commission to award grants to states for specified activities, including replacing voting systems and improving the security of the systems; and (3) requires states and jurisdictions to carry out postelection audits for all federal elections.

117 S5332 IS: Election Security Act of 2022 U.S. Senate 2022-12-21 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. 5332 IN THE SENATE OF THE UNITED STATES December 21, 2022 Ms. Klobuchar Committee on Rules and Administration A BILL To protect elections for public office by providing enhanced security for the infrastructure used to carry out such elections, and for other purposes. 1. Short title This Act may be cited as the Election Security Act of 2022 I Promoting Accuracy, Integrity, and Security Through Voter-Verifiable Permanent Paper Ballot 101. Short title This title may be cited as the Voter Confidence and Increased Accessibility Act of 2022 102. Paper ballot and manual counting requirements (a) In general Section 301(a)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(2) (2) Paper ballot requirement (A) Voter-verifiable paper ballots (i) The voting system shall require the use of an individual, durable, voter-verifiable paper ballot of the voter’s vote selections that shall be marked by the voter and presented to the voter for verification before the voter’s ballot is preserved in accordance with subparagraph (B), and which shall be counted by hand or other counting device or read by a ballot tabulation device. For purposes of this subclause, the term individual, durable, voter-verifiable paper ballot (ii) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verifiable paper ballot is preserved in accordance with subparagraph (B). (iii) The voting system shall not preserve the voter-verifiable paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote selections. (iv) The voting system shall prevent, through mechanical means or through independently verified protections, the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to clause (ii). (B) Preservation as official record The individual, durable, voter-verifiable paper ballot used in accordance with subparagraph (A) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. (C) Manual counting requirements for recounts and audits (i) Each paper ballot used pursuant to subparagraph (A) shall be suitable for a manual audit, and such ballots, or at least those ballots the machine could not count, shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. (ii) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verifiable paper ballots used pursuant to subparagraph (A), the individual, durable, voter-verifiable paper ballots shall be the true and correct record of the votes cast. (D) Sense of congress It is the sense of Congress that as innovation occurs in the election infrastructure sector, Congress should ensure that this Act and other Federal requirements for voting systems are updated to keep pace with best practices and recommendations for security and accessibility. . (b) Conforming amendment clarifying applicability of alternative language accessibility Section 301(a)(4) of such Act ( 52 U.S.C. 21081(a)(4) (including the paper ballots required to be used under paragraph (2)) voting system (c) Other conforming amendments Section 301(a)(1) of such Act ( 52 U.S.C. 21081(a)(1) (1) in subparagraph (A)(i), by striking counted counted, in accordance with paragraphs (2) and (3) (2) in subparagraph (A)(ii), by striking counted counted, in accordance with paragraphs (2) and (3) (3) in subparagraph (A)(iii), by striking counted counted, in accordance with paragraphs (2) and (3) (4) in subparagraph (B)(ii), by striking counted counted, in accordance with paragraphs (2) and (3) 103. Accessibility and ballot verification for individuals with disabilities (a) In general Paragraph (3) of section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(3) (3) Accessibility for individuals with disabilities (A) In general The voting system shall— (i) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; (ii) (I) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verifiable paper ballot; and (II) satisfy the requirement of clause (i) through the use at in-person polling locations of a sufficient number (not less than one) of voting systems equipped to serve individuals with and without disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired; and (iii) if purchased with funds made available under title II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph). (B) Means of meeting requirements A voting system may meet the requirements of subparagraph (A)(i) and paragraph (2) by— (i) allowing the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote tabulation or auditing; (ii) allowing the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot; (iii) marking ballots that are identical in size, ink, and paper stock to those ballots that would either be marked by hand or be marked by a ballot marking device made generally available to voters; or (iv) combining ballots produced by any ballot marking devices reserved for individuals with disabilities with ballots that have either been marked by voters by hand or marked by ballot marking devices made generally available to voters, in a way that prevents identification of the ballots that were cast using any ballot marking device that was reserved for individuals with disabilities. (C) Sufficient number For purposes of subparagraph (A)(ii)(II), the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the Attorney General, in consultation with the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) . (b) Specific requirement of study, testing, and development of accessible voting options (1) Study and reporting Subtitle C of title II of such Act ( 52 U.S.C. 21081 et seq. (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: 247. Study and report on accessible voting options (a) Grants To study and report The Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 2 eligible entities to study, test, and develop— (1) accessible and secure remote voting systems; (2) voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities; or (3) both of the matters described in paragraphs (1) and (2). (b) Eligibility An entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2024; and (2) such other information and certifications as the Commission may require. (c) Availability of technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination with grants for technology improvements The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of appropriations There is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended— (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: Sec. 247. Study and report on accessible voting options. . (c) Clarification of accessibility standards under voluntary voting system guidance In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act ( 52 U.S.C. 21101 et seq. (d) Permitting use of funds for protection and advocacy systems To support actions To enforce election-Related disability access Section 292(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21062(a) ; except that 104. Durability and readability requirements for ballots Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) (7) Durability and readability requirements for ballots (A) Durability requirements for paper ballots (i) In general All voter-verifiable paper ballots required to be used under this Act shall be marked or printed on durable paper. (ii) Definition For purposes of this Act, paper is durable (B) Readability requirements for paper ballots marked by ballot marking device All voter-verifiable paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by a ballot tabulation device or other device equipped for individuals with disabilities. . 105. Study and report on optimal ballot design (a) Study The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors. (b) Report Not later than 1 year after the date of the enactment of this Act, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). 106. Ballot marking device cybersecurity requirements Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) (8) Prohibition of use of wireless communications devices in systems or devices No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a polling place (except as necessary for individuals with disabilities to use ballot marking devices that meet the accessibility requirements of paragraph (3)), or upon which votes are cast, tabulated, or aggregated shall contain, use, or be accessible by any wireless, power-line, or concealed communication device. (9) Prohibiting connection of system to the internet No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a voting place, or upon which votes are cast, tabulated, or aggregated shall be connected to the internet or any non-local computer system via telephone or other communication network at any time. . 107. Effective date for new requirements Section 301(d) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(d) (d) Effective Date (1) In general Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. (2) Special rule for certain requirements (A) In general Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State or jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2022 (B) Special rule for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2020 (i) In general In the case of a jurisdiction described in clause (ii), the requirements of paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2022 (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used voter-verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2022 (II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. (iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems (I) Requiring ballots to be offered and provided The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. (II) Treatment of ballot Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. (III) Posting of notice The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a printed blank paper ballot. The notice shall comply with the requirements of section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 (IV) Training of election officials The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank printed paper ballot. (V) Period of applicability The requirements of this clause apply only during the period beginning on January 1, 2023, and ending on the date on which the which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office. (C) Delay for certain jurisdictions using voting systems with wireless communication devices or internet connections (i) Delay In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to 2024 the applicable year (I) Paragraph (8) of subsection (a) (relating to prohibition of wireless communication devices). (II) Paragraph (9) of subsection (a) (relating to prohibition of connecting systems to the internet). (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used a voting system which is not in compliance with paragraph (8) or (9) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2022 (II) which was not able, to all extent practicable, to comply with paragraphs (8) and (9) of subsection (a) before January 1, 2023; and (III) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. (iii) Applicable year (I) In general Except as provided in subclause (II), the term applicable year (II) Extension If a State or jurisdiction certifies to the Commission not later than January 1, 2026, that the State or jurisdiction will not meet the requirements described in subclauses (I) and (II) of clause (i) by such date because it would be impractical to do so and includes in the certification the reasons for the failure to meet the deadline, the term applicable year . 108. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements (a) Availability of grants (1) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. 7 Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements 297. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements (a) Availability and use of grant (1) In general The Commission shall make a grant to each eligible State— (A) to replace a voting system— (i) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2022 (I) does meet such requirements; and (II) in the case of a grandfathered voting system (as defined in paragraph (2)), is in compliance with the most recent voluntary voting system guidelines; or (ii) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines; (B) to carry out voting system security improvements described in section 297A with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office; (C) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots; and (D) to purchase or acquire accessible voting systems that meet the requirements of paragraph (2) and paragraph (3)(A)(i) of section 301(a) by the means described in paragraph (3)(B) of such section. (2) Definition of grandfathered voting system In this subsection, the term grandfathered voting system (b) Amount of payment (1) In general The amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (2) Minimum payment amount The minimum payment amount described in this paragraph is— (A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and (B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, one-tenth of 1 percent of such aggregate amount. (3) Voting age population proportion amount The voting age population proportion amount described in this paragraph is the product of— (A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and (B) the voting age population proportion for the State (as defined in paragraph (4)). (4) Voting age population proportion defined The term voting age population proportion (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (5) Requirement relating to purchase of accessible voting systems An eligible State shall use not less than 10 percent of funds received by the State under this section to purchase accessible voting systems described in subsection (a)(1)(D). 297A. Voting system security improvements described (a) Permitted uses A voting system security improvement described in this section is any of the following: (1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. (2) Cyber and risk mitigation training. (3) A security risk and vulnerability assessment of the State’s election infrastructure (as defined in section 108(b) of the Voter Confidence and Increased Accessibility Act of 2022 (4) The maintenance of infrastructure used for elections, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections, and which is used primarily for purposes other than the administration of elections for public office. (5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure (as so defined) or designates as critical to the operation of the State’s election infrastructure (as so defined). (6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). (7) Enhancing the cybersecurity of voter registration systems. (b) Qualified election infrastructure vendors described For purposes of this part, a qualified election infrastructure vendor Voter Confidence and Increased Accessibility Act of 2022 297B. Eligibility of States A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of how the State will use the grant to carry out the activities authorized under this part; (2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out voting system security improvements, as described in section 297A; and (3) such other information and assurances as the Commission may require. 297C. Reports to Congress Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part. 297D. Authorization of appropriations (a) Authorization There are authorized to be appropriated for grants under this part— (1) $2,400,000,000 for fiscal year 2024; and (2) $175,000,000 for each of the fiscal years 2026, 2028, and 2030. (b) Continuing availability of amounts Any amounts appropriated pursuant to the authorization of this section shall remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: Part 7—Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements Sec. 297. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 297A. Voting system security improvements described. Sec. 297B. Eligibility of States. Sec. 297C. Reports to Congress. Sec. 297D. Authorization of appropriations. (b) Qualified election infrastructure vendors (1) In general The Secretary, in consultation with the Chair, shall establish and publish criteria for qualified election infrastructure vendors for purposes of section 297A of the Help America Vote Act of 2002 (as added by this Act). (2) Criteria The criteria established under paragraph (1) shall include each of the following requirements: (A) The vendor shall— (i) be owned and controlled by a citizen or permanent resident of the United States or a member of the Five Eyes intelligence-sharing alliance; and (ii) in the case of any election infrastructure which is a voting machine, ensure that such voting machine is assembled in the United States. (B) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under part 7 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act), of any sourcing outside the United States for parts of the election infrastructure. (C) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under such part 7, the identification of any entity or individual with a more than 5 percent ownership interest in the vendor. (D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (E) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (F) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (G) The vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices, including cybersecurity training and background checks, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (H) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices, including requirements for encrypted transfers and validation, testing and checking printed materials for accuracy, and disclosure of quality control incidents, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part 7 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (J) The vendor agrees to permit independent security testing by the Election Assistance Commission (in accordance with section 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 (3) Cybersecurity incident reporting requirements (A) In general A vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under part 7 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act)— (i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chair of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred); (ii) if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and (iii) the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii). (B) Contents of notifications Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification: (i) The date, time, and time zone when the election cybersecurity incident began, if known. (ii) The date, time, and time zone when the election cybersecurity incident was detected. (iii) The date, time, and duration of the election cybersecurity incident. (iv) The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any. (v) Any planned and implemented technical measures to respond to and recover from the incident. (vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available. (C) Development of criteria for reporting Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall, in consultation with the Election Infrastructure Sector Coordinating Council, develop criteria for incidents which are required to be reported in accordance with subparagraph (A). (4) Definitions In this subsection: (A) Chair The term Chair (B) Chief State election official The term chief State election official 52 U.S.C. 20509 (C) Election agency The term election agency (D) Election infrastructure The term election infrastructure (E) Secretary The term Secretary (F) State The term State 52 U.S.C. 21141 II Voting System Security 201. Post-election audit requirement (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. 303A. Post-election audits (a) Definitions In this section: (1) Post-election audit Except as provided in subsection (c)(1)(B), the term post-election audit (A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome; (B) will not change the outcome if the reported outcome is the correct outcome; and (C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest. (2) Reported outcome; correct outcome; outcome (A) Reported outcome The term reported outcome (B) Correct outcome The term correct outcome (C) Outcome The term outcome (3) Manual adjudication of voter intent The term manual adjudication of voter intent (4) Ballot manifest The term ballot manifest (A) is created without reliance on any part of the voting system used to tabulate votes; (B) functions as a sampling frame for conducting a post-election audit; and (C) accounts for all ballots validly cast regardless of how they were tabulated and includes a precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group. (b) Requirements (1) In general (A) Audits (i) In general Each State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2). (ii) Exception Clause (i) shall not apply to any election contest for which the State or jurisdiction conducts a full recount through a manual adjudication of voter intent. (B) Full manual tabulation If a post-election audit conducted under subparagraph (A) corrects the reported outcome of an election contest, the State or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the post-election audit as the official results of the election contest. (2) Audit requirements (A) Rules and procedures (i) In general Not later than 6 years after the date of the enactment of this section, the chief State election official of the State shall establish rules and procedures for conducting post-election audits. (ii) Matters included The rules and procedures established under clause (i) shall include the following: (I) Rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed. (II) Rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions. (III) Rules and procedures for governing the format of ballot manifests and other data involved in post-election audits. (IV) Methods to ensure that any cast vote records used in a post-election audit are those used by the voting system to tally the results of the election contest sent to the chief State election official of the State and made public. (V) Rules and procedures for the random selection of ballots to be inspected manually during each audit. (VI) Rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete. (VII) Rules and procedures for testing any software used to conduct post-election audits. (B) Public report (i) In general After the completion of the post-election audit and at least 5 days before the election contest is certified by the State, the State shall make public and submit to the Commission a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly. (ii) Format of data All data published with the report under clause (i) shall be published in machine-readable, open data formats. (iii) Protection of anonymity of votes Information and data published by the State under this subparagraph shall not compromise the anonymity of votes. (iv) Report made available by Commission After receiving any report submitted under clause (i), the Commission shall make such report available on its website. (3) Effective date; waiver (A) In general Except as provided in subparagraphs (B) and (C), each State and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for Federal office occurring in 2032 and for each subsequent election for Federal office. (B) Waiver Except as provided in subparagraph (C), if a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2032, that the State will not meet the deadline described in subparagraph (A) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to 2032 2034 (C) Additional waiver period If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (B) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (B) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to 2034 2036 (c) Phased implementation (1) Post-election audits (A) In general For the regularly scheduled elections for Federal office occurring in 2024 and 2026, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (B) Post-election audit defined In this subsection, the term post-election audit (2) Post-election audits for select contests Subject to subparagraphs (B) and (C) of subsection (b)(3), for the regularly scheduled elections for Federal office occurring in 2028 and for each subsequent election for Federal office that occurs prior to the first regularly scheduled election for Federal office occurring in 2032, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (3) States that administer post-election audits for all contests A State shall be exempt from the requirements of this subsection for any regularly scheduled election for Federal office in which the State meets the requirements of subsection (b). . (b) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Post-election audits. . (c) Study on post-Election audit best practices (1) In general The Director of the National Institute of Standards and Technology shall establish an advisory committee to study post-election audits and establish best practices for post-election audit methodologies and procedures. (2) Advisory committee The Director of the National Institute of Standards and Technology shall appoint individuals to the advisory committee and secure the representation of— (A) State and local election officials; (B) individuals with experience and expertise in election security; (C) individuals with experience and expertise in post-election audit procedures; and (D) individuals with experience and expertise in statistical methods. (3) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection. 202. Election infrastructure designation Subparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 601(3) , including election infrastructure 203. Guidelines and certification for electronic poll books and remote ballot marking systems (a) Inclusion under voluntary voting system guidelines Section 222 of the Help America Vote Act of 2002 ( 52 U.S.C. 20962 (1) by redesignating subsections (a), (b), (c), (d), and (e) as subsections (b), (c), (d), (e), and (f), respectively; (2) by inserting after the section heading the following: (a) Voluntary voting system guidelines The Commission shall adopt voluntary voting system guidelines that describe functionality, accessibility, and security principles for the design, development, and operation of voting systems, electronic poll books, and remote ballot marking systems. ; and (3) by adding at the end the following new subsections: (g) Initial guidelines for electronic poll books and remote ballot marking systems (1) Adoption date Not later than 1 year after the date of the enactment of the Election Security Act of 2022 (2) Special rule for initial guidelines The Commission may adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems without modifying the most recently adopted voluntary voting system guidelines for voting systems. (h) Definitions In this section: (1) Electronic poll book defined The term electronic poll book (A) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and (B) to identify registered voters who are eligible to vote in an election. (2) Remote ballot marking system defined The term remote ballot marking system (A) is used by a voter to mark their ballots outside of a voting center or polling place; and (B) allows a voter to receive a blank ballot to mark electronically, print, and then cast by returning the printed ballot to the elections office or other designated location. . (b) Providing for certification of electronic poll books and remote ballot marking system Section 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971(a) , electronic poll books, and remote ballot marking systems software 204. Pre-election reports on voting system usage (a) Requiring States To submit reports Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. 301A. Pre-election reports on voting system usage (a) Requiring States To submit reports Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. If a jurisdiction acquires and implements a new voting system within the 120 days before the date of the election, it shall notify the chief State election official of the State, who shall submit to the Commission in a timely manner an updated report under the preceding sentence. (b) Effective date Subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding regularly scheduled general election for Federal office . (b) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 301 the following new item: Sec. 301A. Pre-election reports on voting system usage. . 205. Use of voting machines manufactured in the United States (a) Requirement Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) (10) Voting machine requirements (A) Manufacturing requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure to the extent practicable that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States. (B) Assembly requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for Federal office is assembled in the United States. (C) Software and code requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any software or code developed for any voting system purchased or acquired for such election and in any subsequent election for Federal office is developed and stored in the United States. . (b) Conforming amendment relating to effective date Section 301(d)(1) of such Act ( 52 U.S.C. 21081(d)(1) paragraph (2) subsection (a)(10) and paragraph (2)

Election Security Act of 2022

Advancing Skills-Based Hiring Act of 2022 This bill allows employers to submit to the Equal Employment Opportunity Commission (EEOC) evidence that a competency-based skills test or other employment selection process is consistent with lawful employment practices. The EEOC must review each submission and determine whether the procedure is job-related and consistent with a business necessity, or provide technical assistance to the employer about potential changes that would allow the EEOC to make such a determination. Such a determination may be used by the employer to satisfy the burden of proof under the disparate impact analysis with respect to a claim of an unlawful discrimination.

117 S5333 IS: Advancing Skills-Based Hiring Act of 2022 U.S. Senate 2022-12-21 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. 5333 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To establish a voluntary compliance assistance initiative at the Equal Employment Opportunity Commission regarding the usage of employment tests and selection procedures by employers. 1. Short title This Act may be cited as the Advancing Skills-Based Hiring Act of 2022 2. Purpose It is the purpose of this Act— (1) to empower employers to adopt a skills-based approach to hiring through a voluntary compliance assistance initiative regarding the appropriate use of employment tests and selection procedures; and (2) to enable employers to proactively submit validity evidence to the Equal Employment Opportunity Commission for review to ensure use of such tests and procedures is job related for the position in question and consistent with business necessity within the meaning of section 703(k)(1)(A)(i) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(k)(1)(A)(i) 3. Review by Equal Employment Opportunity Commission of information voluntarily submitted by employers (a) Voluntary submission and review of employer information The Equal Employment Opportunity Commission (in this Act referred to as the Commission (1) establish a process for employers— (A) to voluntarily submit validity evidence to the Commission on the use (including prospective use) of competency-based assessments or other professionally developed selection procedures that are used to make employment decisions; and (B) to obtain a determination by the Commission as to whether such use is job related for the position in question and consistent with business necessity within the meaning of section 703(k)(1)(A)(i) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(k)(1)(A)(i) (2) as part of establishing such process, set forth the validity evidence that participating employers shall submit, which may include— (A) the results of a criterion-related validity study; (B) the results of a content validity study; (C) the results of a construct validity study; or (D) the validity evidence from a study conducted by an entity other than the employer, along with evidence from the employer that shows job similarity; and (3) allow employers to submit validity evidence for review regardless of the existence of an adverse impact from the use of the assessment or selection procedure involved on protected groups, but require such submitted evidence to include any information available on whether the use has resulted in such an adverse impact. (b) Review of submitted employer information Subject to the payment required by subsection (d), the Commission shall— (1) review the information submitted under subsection (a); and (2) (A) determine that the use of the assessment or selection procedure identified by the employer is job related and consistent with business necessity as described in subsection (a)(1)(B); or (B) provide technical assistance to such employer that includes, at a minimum— (i) an explanation of why the Commission cannot make that determination; and (ii) steps the employer could take, or changes the employer could implement, that will enable the Commission to make that determination. (c) Safe harbor The determination from the Commission under subsection (b)(2)(A) that the employer’s use of an assessment or selection procedure is job related and consistent with business necessity may be used by the employer to satisfy its burden of proof under section 703(k)(1)(A)(i) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(k)(1)(A)(i) (d) Fee payable for review (1) In general To obtain review under subsection (b), an employer with more than 100 employees shall pay to the Commission a reasonable fee to offset the cost incurred by the Commission to provide such review. (2) Relationship to EEOC Education, Technical Assistance, and Training Revolving Fund Fees received under paragraph (1) shall be deposited in the EEOC Education, Technical Assistance, and Training Revolving Fund described in section 705(k) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4(k) (e) Limitation Any information submitted by the employer under subsection (a) and any technical assistance provided by the Commission under subsection (b)(2)(B) regarding the assessment or selection proceeding involved— (1) shall not be used against such employer as a basis for an enforcement action on or after the date of the submission; and (2) shall be inadmissible in a Federal or State court proceeding without the consent of such employer. 4. Education and technical assistance The Commission shall provide education and technical assistance on the use of competency-based assessments or other selection procedures described in section 3(a)(1)(A), including education and technical assistance on the methods of validation of such an assessment or selection procedure and on the opportunity to voluntarily submit validity evidence to the Commission to seek a determination described in section 3(b)(2)(A). 5. Definitions For purposes of this Act: (1) Competency-based assessment The term competency-based assessment (2) Employee; employer The terms employee employer 42 U.S.C. 2000e 6. Effective date This Act shall take effect 90 days after the date of enactment of this Act.

Advancing Skills-Based Hiring Act of 2022

Redistricting Reform Act of 2022 This bill outlines criteria for congressional redistricting and generally prohibits mid-decade redistricting.

117 S5335 IS: Redistricting Reform Act of 2022 U.S. Senate 2022-12-21 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. 5335 IN THE SENATE OF THE UNITED STATES December 21, 2022 Ms. Klobuchar Committee on the Judiciary A BILL To reform congressional redistricting. 1. Short title This Act may be cited as the Redistricting Reform Act of 2022 2. Finding of constitutional authority Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; (2) the authority granted to Congress under section 5 of the 14th Amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number; (3) the authority granted to Congress under section 5 of the 14th Amendment to the Constitution gives Congress the power to enact laws to enforce section 1 of such amendment, including protections against excessive partisan gerrymandering that Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution; (4) of the authority granted to Congress to enforce article IV, section 4, of the Constitution, and the guarantee of a Republican Form of Government to every State, which Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution; (5) requiring States to use uniform redistricting criteria is an appropriate and important exercise of such authority; and (6) partisan gerrymandering dilutes citizens’ votes because partisan gerrymandering injures voters and political parties by infringing on their 1st Amendment right to associate freely and their 14th Amendment right to equal protection of the laws. 3. Ban on mid-decade redistricting A State that has been redistricted in accordance with this Act may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress 2 U.S.C. 2a 52 U.S.C. 10301 et seq. 4. Criteria for redistricting (a) Requiring plans To meet criteria A State may not use a congressional redistricting plan which is not in compliance with this section. (b) Ranked criteria Under the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution, including the requirement that they substantially equalize total population. (2) Districts shall comply with the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. (3) (A) Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. (B) For purposes of subparagraph (A), the assessment of whether a protected group has the practical ability to nominate candidates and to elect representatives of choice shall require the consideration of the following factors: (i) Whether the group is politically cohesive. (ii) Whether there is racially polarized voting in the relevant geographic region. (iii) If there is racially polarized voting in the relevant geographic region, whether the preferred candidates of the group nevertheless receive a sufficient amount of consistent crossover support from other voters such that the group is a functional majority with the ability to both nominate candidates and elect representatives of choice. (4) (A) Districts shall be drawn to respect communities of interest and neighborhoods to the extent practicable after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area for which the record before the entity responsible for developing and adopting the redistricting plan demonstrates the existence of broadly shared interests and representational needs, including shared interests and representational needs rooted in common ethnic, racial, economic, Indian, social, cultural, geographic, or historic identities, or arising from similar socioeconomic conditions. The term communities of interest may, if the record warrants, include political subdivisions such as counties, municipalities, Indian lands, or school districts, but shall not include common relationships with political parties or political candidates. (B) For purposes of subparagraph (A), in considering the needs of multiple, overlapping communities of interest, the entity responsible for developing and adopting the redistricting plan shall give greater weight to those communities of interest whose representational needs would most benefit from the community’s inclusion in a single congressional district. (c) No favoring or disfavoring of political parties (1) Prohibition A State may not use a redistricting plan to conduct an election if the plan’s congressional districts, considered cumulatively on a statewide basis, have been drawn with the intent, or have the effect, of materially favoring or disfavoring any political party. (2) Determination of effect The determination of whether a redistricting plan has the effect of materially favoring or disfavoring a political party shall be based on an evaluation of the totality of circumstances which, at a minimum, shall involve consideration of each of the following factors: (A) Computer modeling based on relevant statewide general elections for Federal office held over the 8 years preceding the adoption of the redistricting plan setting forth the probable electoral outcomes for the plan under a range of reasonably foreseeable conditions. (B) An analysis of whether the redistricting plan is statistically likely to result in partisan advantage or disadvantage on a statewide basis, the degree of any such advantage or disadvantage, and whether such advantage or disadvantage is likely to be present under a range of reasonably foreseeable electoral conditions. (C) A comparison of the modeled electoral outcomes for the redistricting plan to the modeled electoral outcomes for alternative plans that demonstrably comply with the requirements of paragraphs (1), (2), and (3) of subsection (b) in order to determine whether reasonable alternatives exist that would result in materially lower levels of partisan advantage or disadvantage on a statewide basis. For purposes of this subparagraph, alternative plans considered may include both actual plans proposed during the redistricting process and other plans prepared for purposes of comparison. (D) Any other relevant information, including how broad support for the redistricting plan was among members of the entity responsible for developing and adopting the plan and whether the processes leading to the development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (3) Rebuttable presumption (A) Trigger In any civil action brought under section 7 in which a party asserts a claim that a State has enacted a redistricting plan which is in violation of this subsection, a party may file a motion not later than 30 days after the enactment of the plan (or, in the case of a plan enacted before the effective date of this Act, not later than 30 days after the effective date of this Act) requesting that the court determine whether a presumption of such a violation exists. If such a motion is timely filed, the court shall hold a hearing not later than 15 days after the date the motion is filed to assess whether a presumption of such a violation exists. (B) Assessment To make the determination required under subparagraph (A), the court shall do the following: (i) Determine the number of congressional districts under the plan that would have been carried by each political party’s candidates for the office of President and the office of Senator in the 2 most recent general elections for the office of President and the 2 most recent general elections for the office of Senator (other than special general elections) immediately preceding the enactment of the plan, except that if a State conducts a primary election for the office of Senator which is open to candidates of all political parties, the primary election shall be used instead of the general election and the number of districts carried by a party’s candidates for the office of Senator shall be determined on the basis of the combined vote share of all candidates in the election who are affiliated with such party. (ii) Determine, for each of the 4 elections assessed under clause (i), whether the number of districts that would have been carried by any party’s candidate as determined under clause (i) results in partisan advantage or disadvantage in excess of the applicable threshold described in subparagraph (C). The degree of partisan advantage or disadvantage shall be determined by one or more standard quantitative measures of partisan fairness that— (I) use a party’s share of the statewide vote to calculate a corresponding benchmark share of seats; and (II) measure the amount by which the share of seats the party’s candidate would have won in the election involved exceeds the benchmark share of seats. (C) Applicable threshold described The applicable threshold described in this subparagraph is, with respect to a State and a number of seats, the greater of— (i) an amount equal to 7 percent of the number of congressional districts in the State; or (ii) one congressional district. (D) Description of quantitative measures; prohibiting rounding In carrying out this subsection— (i) the standard quantitative measures of partisan fairness used by the court may include the simplified efficiency gap but may not include strict proportionality; and (ii) the court may not round any number. (E) Presumption of violation A plan is presumed to violate paragraph (1) if it exceeds the threshold described in subparagraph (C) with respect to 2 or more of the 4 elections assessed under subparagraph (B). (F) Stay of use of plan Notwithstanding any other provision of this Act, in any action under this paragraph, the following rules shall apply: (i) Upon filing of a motion under subparagraph (A), a State’s use of the plan which is the subject of the motion shall be automatically stayed pending resolution of such motion. (ii) If after considering the motion, the court rules that the plan is presumed under subparagraph (E) to violate paragraph (1), a State may not use such plan until and unless the court which is carrying out the determination of the effect of the plan under paragraph (2) determines that, notwithstanding the presumptive violation, the plan does not violate paragraph (1). (G) No effect on other assessments The absence of a presumption of a violation with respect to a redistricting plan as determined under this paragraph shall not affect the determination of the effect of the plan under paragraph (2). (4) Determination of intent A court may rely on all available evidence when determining whether a redistricting plan was drawn with the intent to materially favor or disfavor a political party, including evidence of the partisan effects of a plan, the degree of support the plan received from members of the entity responsible for developing and adopting the plan, and whether the processes leading to development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (5) No violation based on certain criteria No redistricting plan shall be found to be in violation of paragraph (1) because of the proper application of the criteria set forth in paragraph (1), (2), or (3) of subsection (b), unless one or more alternative plans could have complied with such paragraphs without having the effect of materially favoring or disfavoring a political party. (d) Factors prohibited from consideration In developing the redistricting plan for the State, the State may not take into consideration any of the following factors, except as necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (b), to achieve partisan fairness and comply with subsection (c), and to enable the redistricting plan to be measured against the external metrics described in section 5(c): (1) The residence of any Member of the House of Representatives or candidate. (2) The political party affiliation or voting history of the population of a district. (e) Additional criteria A State may not rely upon criteria not set forth in this section to justify non-compliance with the requirements of this section. (f) Applicability (1) In general This section applies to any authority, whether appointed, elected, judicial, or otherwise, responsible for enacting the congressional redistricting plan of a State. (2) Date of enactment This section applies to any congressional redistricting plan that would be, or is, in effect after the date of enactment of this Act, regardless of the date of enactment by the State of the congressional redistricting plan. (g) Severability of criteria If any of the criteria set forth in this section or any amendment made by this section, or the application of such criteria to any person, circumstance, or amendment, is held to be unconstitutional, the remaining criteria set forth in this section, and the application of such criteria to any person, circumstance, or amendment, shall not be affected by the holding. 5. Development of plan (a) Public notice and input (1) Use of open and transparent process The entity responsible for developing and adopting the congressional redistricting plan of a State shall solicit and take into consideration comments from the public throughout the process of developing the plan, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Website (A) Features The entity shall maintain a public internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features: (i) All proposed redistricting plans and the final redistricting plan, including the accompanying written evaluation under subsection (c). (ii) All comments received from the public submitted under paragraph (1). (iii) Access in an easily usable format to the demographic and other data used by the entity to develop and analyze the proposed redistricting plans, together with any reports analyzing and evaluating such plans and access to software that members of the public may use to draw maps of proposed districts. (iv) A method by which members of the public may submit comments directly to the entity. (B) Searchable format The entity shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format. (3) Multiple language requirements for all notices The entity responsible for developing and adopting the plan shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 (b) Development of plan (1) Hearings The entity responsible for developing and adopting the congressional redistricting plan shall hold hearings both before and after releasing proposed plans in order to solicit public input on the content of such plans. These hearings shall— (A) be held in different regions of the State and streamed live on the public internet site maintained under subsection (a)(2); (B) be sufficient in number, scheduled at times and places, and noticed and conducted in a manner to ensure that all members of the public, including members of racial, ethnic, and language minorities protected under the Voting Rights Act of 1965, have a meaningful opportunity to attend and provide input both before and after the entity releases proposed plans. (2) Posting of maps The entity responsible for developing and adopting the congressional redistricting plan shall make proposed plans, amendments to proposed plans, and the data needed to analyze such plans for compliance with the criteria of this Act available for public review, including on the public internet site required under subsection (a)(2), for a period of not less than 5 days before any vote or hearing is held on any such plan or any amendment to such a plan. (c) Written evaluation of plan against external metrics The entity responsible for developing and adopting the congressional redistricting plan for a State shall include with each redistricting plan voted upon by such entity, or a committee of such entity, and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 4(b), including the impact of the plan on the ability of members of a class of citizens protected by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. (d) Public input and comments The entity responsible for developing and adopting the congressional redistricting plan for a State shall make all public comments received about potential plans, including alternative plans, available to the public on the internet site required under subsection (a)(2), at no cost, not later than 24 hours prior to holding a vote on final adoption of a plan. 6. Failure by State to enact plan (a) Deadline for enactment of plan (1) In General Except as provided in paragraph (2), each State shall enact a final congressional redistricting plan following transmission of a notice of apportionment to the President by the earliest of— (A) the deadline set forth in State law, including any extension to the deadline provided in accordance with State law; (B) February 15 of the year in which regularly scheduled general elections for Federal office are held in the State; or (C) 90 days before the date of the next regularly scheduled primary election for Federal office held in the State. (2) Special rule for plans enacted prior to effective date of this Act If a State enacted a final congressional redistricting plan prior to the effective date of this Act and the plan is not in compliance with the requirements of this Act, the State shall enact a final redistricting plan which is in compliance with the requirements of this Act not later than 45 days after the effective date of this Act. (b) Development of plan by court in case of missed deadline If a State has not enacted a final congressional redistricting plan by the applicable deadline under subsection (a), or it appears likely that a State will fail to enact a final congressional redistricting plan by such deadline— (1) any citizen of the State may file an action in the United States district court for the applicable venue asking the district court to assume jurisdiction; (2) the United States district court for the applicable venue, acting through a 3-judge court convened pursuant to section 2284 of title 28, United States Code, shall have the exclusive authority to develop and publish the congressional redistricting plan for the State; and (3) the final congressional redistricting plan developed and published by the court under this section shall be deemed to be enacted on the date on which the court publishes the final congressional redistricting plan, as described in subsection (e). (c) Applicable venue For purposes of this section, the applicable venue (d) Procedures for Development of Plan (1) Criteria In developing a redistricting plan for a State under this section, the court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the State under section 4. (2) Access to information and records The court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the State in carrying out its duties under this Act. (3) Hearing; public participation In developing a redistricting plan for a State, the court shall— (A) hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the court; and (B) consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State. (4) Use of special master To assist in the development and publication of a redistricting plan for a State under this section, the court may appoint a special master to make recommendations to the court on possible plans for the State. (e) Publication of plan (1) Public availability of initial plan Upon completing the development of one or more initial redistricting plans, the court shall make the plans available to the public at no cost, and shall also make available the underlying data used to develop the plans and a written evaluation of the plans against external metrics (as described in section 5(c)). (2) Publication of final plan At any time after the expiration of the 14-day period which begins on the date the court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the court shall develop and publish the final redistricting plan for the State. (f) Use of interim plan In the event that the court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the court to develop and publish the final redistricting plan, including the discretion to make any changes the court deems necessary to an interim redistricting plan. (g) Appeals Review on appeal of any final or interim plan adopted by the court in accordance with this section shall be governed by the appellate process in section 7. (h) Stay of State proceedings The filing of an action under this section shall act as a stay of any proceedings in State court with respect to the State’s congressional redistricting plan unless otherwise ordered by the court. 7. Civil enforcement (a) Civil Enforcement (1) Actions by Attorney General The Attorney General may bring a civil action for such relief as may be appropriate to carry out this Act. (2) Availability of private right of action (A) In general Any citizen of a State who is aggrieved by the failure of the State to meet the requirements of the Constitution or Federal law, including this Act, with respect to the State’s congressional redistricting, may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. (B) Special rule for claims relating to partisan advantage For purposes of subparagraph (A), a person who is aggrieved by the failure of a State to meet the requirements of section 4(c) may include— (i) any political party or committee in the State; and (ii) any registered voter in the State who resides in a congressional district that the voter alleges was drawn in a manner that contributes to a violation of such section. (C) No awarding of damages to prevailing party Except for an award of attorney’s fees under subsection (d), a court in a civil action under this section shall not award the prevailing party any monetary damages, compensatory, punitive, or otherwise. (3) Delivery of complaint to House and Senate In any action brought under this section, a copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (4) Exclusive jurisdiction and applicable venue (A) In general The district courts of the United States shall have exclusive jurisdiction to hear and determine claims asserting that a congressional redistricting plan violates the requirements of the Constitution or Federal law, including this Act. (B) Applicable venue The applicable venue for such an action shall be the United States District Court for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action. (C) Special rule In a civil action that includes a claim that a redistricting plan is in violation of subsection (b) or (c) of section 4 the United States District Court for the District of Columbia shall have jurisdiction over any defendant who has been served in any United States judicial district in which the defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located. (D) Process Process may be served in any United States judicial district where a defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located. (5) Use of 3-judge court If an action under this section raises statewide claims under the Constitution or this Act, the action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (6) Review of final decision A final decision in an action brought under this section shall be reviewable on appeal by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other court of appeals. Such appeal shall be taken by the filing of a notice of appeal within 10 days of the entry of the final decision. A final decision by the Court of Appeals may be reviewed by the Supreme Court of the United States by writ of certiorari. (b) Expedited Consideration In any action brought under this section, it shall be the duty of the district court, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States (if it chooses to hear the action) to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (c) Remedies (1) Adoption of replacement plan (A) In general If the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of this Act— (i) the court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 6; or (ii) if circumstances warrant and no delay to an upcoming regularly scheduled election for the House of Representatives in the State would result, the district court, in its discretion, may allow a State to develop and propose a remedial congressional redistricting plan for review by the court to determine whether the plan is in compliance with this Act, except that— (I) the State may not develop and propose a remedial plan under this clause if the court determines that the congressional redistricting plan of the State was enacted with discriminatory intent in violation of the Constitution or section 4(b); and (II) nothing in this clause may be construed to permit a State to use such a remedial plan which has not been approved by the court. (B) Prohibiting use of plans in violation of requirements No court shall order a State to use a congressional redistricting plan which violates, in whole or in part, the requirements of this Act, or to conduct an election under terms and conditions which violate, in whole or in part, the requirements of this Act. (C) Special rule in case final adjudication not expected within 3 months of election (i) Duty of court If final adjudication of an action under this section is not reasonably expected to be completed at least 3 months prior to the next regularly scheduled primary election for the House of Representatives in the State, the district court shall, as the balance of equities warrant— (I) develop, adopt, and order the use of an interim congressional redistricting plan in accordance with section 6(f) to address any claims under this Act for which a party seeking relief has demonstrated a substantial likelihood of success; or (II) order adjustments to the timing of primary elections for the House of Representatives and other related deadlines, as needed, to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the House of Representatives. (ii) Prohibiting failure to act on grounds of pendency of election The court may not refuse to take any action described in clause (i) on the grounds of the pendency of the next election held in the State or the potential for disruption, confusion, or additional burdens with respect to the administration of the election in the State. (2) No stay pending appeal Notwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this Act, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. If such a replacement or remedial plan has been adopted, no appellate court may stay or otherwise enjoin the use of such plan during the pendency of an appeal, except upon an order holding, based on the record, that adoption of such plan was an abuse of discretion. (3) Special authority of Court of Appeals (A) Ordering of new remedial plan If, upon consideration of an appeal under this Act, the Court of Appeals determines that a plan does not comply with the requirements of this Act, it shall direct that the District Court promptly develop a new remedial plan with assistance of a special master for consideration by the Court of Appeals. (B) Failure of district court to take timely action If, at any point during the pendency of an action under this section, the District Court fails to take action necessary to permit resolution of the case prior to the next regularly scheduled election for the House of Representatives in the State or fails to grant the relief described in paragraph (1)(C), any party may seek a writ of mandamus from the Court of Appeals for the District of Columbia Circuit. The Court of Appeals shall have jurisdiction over the motion for a writ of mandamus and shall establish an expedited briefing and hearing schedule for resolution of the motion. If the Court of Appeals determines that a writ should be granted, the Court of Appeals shall take any action necessary, including developing a congressional redistricting plan with assistance of a special master to ensure that a remedial plan is adopted in time for use in the next regularly scheduled election for the House of Representatives in the State. (4) Effect of enactment of replacement plan A State’s enactment of a redistricting plan which replaces a plan which is the subject of an action under this section shall not be construed to limit or otherwise affect the authority of the court to adjudicate or grant relief with respect to any claims or issues not addressed by the replacement plan, including claims that the plan which is the subject of the action was enacted, in whole or in part, with discriminatory intent, or claims to consider whether relief should be granted under section 3(c) of the Voting Rights Act of 1965 ( 52 U.S.C. 10302(c) (d) Attorney’s Fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (e) Relation to Other Laws (1) Rights and remedies additional to other rights and remedies The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. (2) Voting Rights Act of 1965 Nothing in this Act authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. (f) Legislative privilege No person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to a redistricting plan enacted under this Act. (g) Removal (1) In general At any time, a civil action brought in a State court which asserts a claim for which the district courts of the United States have exclusive jurisdiction under this Act may be removed by any party in the case, including an intervenor, by filing, in the district court for an applicable venue under this section, a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure containing a short and plain statement of the grounds for removal. Consent of parties shall not be required for removal. (2) Claims not within the original or supplemental jurisdiction If a civil action removed in accordance with paragraph (1) contains claims not within the original or supplemental jurisdiction of the district court, the district court shall sever all such claims and remand them to the State court from which the action was removed. 8. No effect on elections for State and local office Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. 9. Effective date This Act and the amendments made by this Act shall apply on the date of enactment of this Act.

Redistricting Reform Act of 2022

PREEMIE Reauthorization Act of 2022 This bill reauthorizes through FY2028 research, health care provider education, and other activities focused on preventing and treating preterm birth.

117 S5336 IS: PREEMIE Reauthorization Act of 2022 U.S. Senate 2022-12-21 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. 5336 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Bennet Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act. 1. Short title This Act may be cited as the PREEMIE Reauthorization Act of 2022 2. Research relating to preterm labor and delivery and the care, treatment, and outcomes of preterm and low birthweight infants Section 2(e) of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b–4f(e)) is amended by striking 2019 through 2023 2024 through 2028 3. Public and health care provider education and support services Section 399Q(c) of the Public Health Service Act ( 42 U.S.C. 280g–5(c) 2014 through 2018 2024 through 2028

PREEMIE Reauthorization Act of 2022

Healthy Climate and Family Security Act of 2022 This bill addresses the reduction of greenhouse gas emissions by establishing a program that caps the emissions of carbon dioxide and auctions carbon permits to producers or importers of crude oil, domestic or foreign coal operations, or certain natural gas entities. The bill also establishes the Healthy Climate Trust Fund for the proceeds of the auctions to be distributed as dividend payments to U.S. individuals.

117 S5338 IS: Healthy Climate and Family Security Act of 2022 U.S. Senate 2022-12-21 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. 5338 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Van Hollen Committee on Finance A BILL To cap the emissions of greenhouse gases through a requirement to purchase carbon permits, to distribute the proceeds of such purchases to eligible individuals, and for other purposes. 1. Short title This Act may be cited as the Healthy Climate and Family Security Act of 2022 2. Findings The Congress finds the following: (1) Carbon dioxide and other greenhouse gas emissions continue to rise. (2) The warming of our planet has led to more frequent, dangerous and expensive extreme weather events, including heat waves, storms, fires, droughts, floods and tornadoes. (3) A 2018 report by the Intergovernmental Panel on Climate Change (IPCC) recommends that serious efforts be made to limit global warming to 1.5°C, which would require that CO 2 (4) The atmosphere is a common resource that belongs equally to all. (5) Stabilizing the climate can and must be done in a way that supports vibrant economic growth and a thriving middle class. (6) Stabilizing the climate can and must be done in a way that supports environmental justice by reducing pollution affecting communities that have suffered disproportionately from hazards arising from the extraction and combustion of fossil fuels and supports community right-to-know reporting on emissions from fossil fuel combustion. (7) Legislation to address climate change and accelerate the transition to a clean energy economy must be fair, transparent and built to last. 3. Auction of carbon permits and distribution of Healthy Climate Dividends (a) In general The Internal Revenue Code of 1986 is amended by adding at the end the following new subtitle: L Auction of Carbon Permits and Distribution of Healthy Climate Dividends Chapter 101. Cap and Dividend Program Rules. Chapter 102. Healthy Climate Dividends. Chapter 103. Border Adjustments. 101 Cap and Dividend Program Rules Sec. 9901. Definitions. Sec. 9902. Carbon permits. Sec. 9903. Auctions. Sec. 9904. Compliance obligation. Sec. 9905. Penalty for noncompliance. Sec. 9906. Transfers. Sec. 9907. Banking and borrowing. Sec. 9908. Environmental justice. 9901. Definitions For purposes of this subtitle: (1) Administrator The term Administrator (2) Carbon permit The term carbon permit (3) Covered entity The term covered entity (A) in the case of crude oil— (i) any producer of crude oil operating in the United States, and (ii) any importer of crude oil, petroleum, or any petroleum product into the United States, (B) in the case of coal— (i) any coal mine operating in the United States, and (ii) any importer of coal into the United States, and (C) in the case of natural gas— (i) any entity required to submit a report to the Energy Information Agency on Form 176 by reason of delivering natural gas to an end user, and (ii) any natural gas processor not described in clause (i) with respect to sales of natural gas in the United States. (4) Covered fuel The term covered fuel (5) Crude oil The term crude oil (6) Fair market value The term fair market value (7) State The term State (8) Vintage year The term vintage year (9) Co-pollutant The term co-pollutant (A) any criteria pollutant for which there are national ambient air quality standards under section 109 of the Clean Air Act ( 42 U.S.C. 7409 (B) any precursor to such a criteria pollutant which is released in fossil fuel combustion. (10) Frontline communities The term frontline communities 9902. Carbon permits (a) In general The Secretary, in consultation with the Administrator, shall establish a separate quantity of carbon permits for calendar year 2023 and each calendar year thereafter, as set forth under subsection (b). (b) Emissions reduction schedule (1) In general The quantity of carbon permits established by the Secretary, in consultation with the Administrator, under subsection (a) for any calendar year before 2050 that is between the nearest target years specified in paragraph (2) preceding and succeeding such calendar year shall be the quantity of such permits that represents an equal, pro rata reduction from the preceding year to the succeeding year. (2) Targets (A) Initial target The quantity of carbon permits established for 2023 shall be equal to 15 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015. (B) Decadal targets The quantity of carbon permits established for— (i) 2027 shall be equal to 35 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015, (ii) 2030 shall be equal to 50 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015, (iii) 2038 shall be equal to 60 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015, (iv) 2044 shall be equal to 80 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015, and (v) 2050 shall be equal to 90 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015. (3) Reports (A) Calendar year 2050 In 2050 the Secretary, after consultation with the Administrator, shall submit a report to Congress making recommendations concerning the program established under this subtitle for years after 2050, including the quantity of carbon permits to be established and any reductions that may be necessary to ensure a net zero carbon economy and a healthy climate. (B) Averting catastrophic climatic impact Not later than 4 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary shall report to Congress on any recommended revisions to the decadal targets under paragraph (2) and the basis for those recommendations if the Secretary, after consultation with the Administrator, determines the emissions reductions targets under this subsection should be further tightened in order to— (i) reach a net-zero carbon economy by 2050, or (ii) avert catastrophic climate impacts. (c) Identification numbers The Secretary shall assign to each carbon permit established under subsection (a) a unique identification number that includes the vintage year for that carbon permit. (d) Legal status of carbon permits (1) In general A carbon permit does not constitute a property right. (2) Termination or limitation Nothing in this subtitle or any other provision of law shall be construed to limit or alter the authority of the United States, including the Secretary acting pursuant to statutory authority, to terminate or limit a carbon permit. (3) Other provisions unaffected Nothing in this subtitle relating to carbon permits issued under this section shall affect the application of any other provision of law to a covered entity (including the Clean Air Act), or the responsibility for a covered entity to comply with any such provision of law. Regional and State greenhouse gas initiatives are not preempted by this subtitle. (e) Regulations Not later than December 31, 2023, the Secretary shall promulgate regulations to carry out the provisions of this subtitle. 9903. Auctions (a) Periodic auctions The Secretary shall conduct periodic public auctions of carbon permits established under section 9902(a). The Secretary shall conduct at least 1 such auction in each calendar quarter of each year for which carbon permits are established, and shall distribute the available permits for each such year pro rata among the quarters of such year. (b) Auction rules The Secretary shall— (1) limit auction participation only to covered entities, (2) establish a limit on the amount of carbon permits that can be purchased by a single entity at each auction and an aggregate limit on the total amount of permits that can be held by a single entity at any one time that— (A) reflects anticipated sector and participant demand, (B) prevents speculation, manipulation, or hoarding of permits, and (C) does not interfere with normal market competition, and (3) set a minimum permit price at the initial auction of $40 per ton of carbon dioxide that will be released when the covered fuel is burned, increase this minimum price by $10 in each successive year and adjust for inflation, and have the authority to set higher minimum permit prices. (c) Unsold permits Any carbon permit unsold at the auction at which it is offered shall expire. 9904. Compliance obligation (a) In general Not later than April 1, 2023, and April 1 of each year thereafter, each covered entity shall surrender to the Secretary a quantity of carbon permits at least as great as the number of metric tons of carbon dioxide that the Secretary, in consultation with the Administrator, determines would be emitted by the combustion of covered fuels with respect to which the covered entity made the first sale in United States markets during the previous calendar year. (b) Use treated as sale For purposes of subsection (a), consumption for an emitting use by the covered entity of covered fuels produced by the covered entity shall be treated as a first sale. 9905. Penalty for noncompliance (a) In general Any covered entity that fails for any year to surrender, by the deadline described in section 9904, one or more of the carbon permits due pursuant to such section shall be required to surrender permits in order to meet this past due obligation and shall be liable for payment to the Secretary of a penalty in the amount described in subsection (b). (b) Amount The amount of a penalty required to be paid under subsection (a) shall be equal to the product obtained by multiplying— (1) the number of carbon permits that the covered entity failed to surrender by the deadline, by (2) 3 times the fair market value of carbon permits issued for emissions occurring in the calendar year for which the carbon permits were due. (c) Timing A penalty required under this section shall be immediately due and payable to the Secretary, without demand, in accordance with regulations promulgated by the Secretary, which shall be issued not later than 1 year after the date of enactment of this subtitle. (d) No effect on liability A penalty due and payable by the covered entity under this section shall not diminish the liability of the covered entity for any fine, penalty, or assessment against the covered entity for the same violation under any other provision of law. (e) Penalty not deductible No deduction shall be allowed under subtitle A for a penalty paid under this section. 9906. Tracking The regulations promulgated under section 9902(e) shall include a system for issuing, recording, holding, and tracking carbon permits that shall specify all necessary procedures and requirements for an orderly and competitive functioning of the carbon permit system. Such regulations shall provide for appropriate publication of the information in the system on the internet. 9907. Banking (a) Banking A carbon permit may be used to meet the compliance obligation requirements of section 9904 for emissions only in the permit’s vintage year, the year prior, or the year following. At least 80 percent of permits used by an entity to meet its compliance obligation for a year must be of that year’s vintage. The Secretary shall have the authority to establish stricter requirements for the percentage of the compliance obligation for a year that must be met with permits of that year’s vintage, and to establish penalties for failure to comply. (b) Expiration A carbon permit shall expire when— (1) it is surrendered to the Secretary under section 9904, (2) it has been held by a covered entity and has not been surrendered to the Secretary under section 9904 within 18 months after the end of its vintage year, or (3) the Secretary determines by regulation that expiration is necessary to ensure the authenticity and integrity of carbon permits or the carbon permit tracking system. 9908. Environmental justice (a) In general This chapter shall be implemented to the extent practicable to ensure that reductions in carbon emissions are accompanied by commensurate reductions in emissions of co-pollutants from fossil fuel combustion that impact frontline communities. (b) Report on Air Quality Methods Development Not later than 1 year after the date of enactment of this section, the Administrator shall submit to Congress a report detailing efforts to increase air quality monitoring deployment and technical assistance at the Federal, State, local, and tribal level. (c) Air quality monitoring in frontline communities The Administrator (or the Administrator's delegate) is authorized to provide for trends monitoring of ambient air quality in frontline communities and monitoring of co-pollutant emissions from sources located in or near such communities that impact their pollution burden. Not later than 3 years after the date of the enactment of this section, any information from such monitors shall be recorded and reported at the level of monitor and pollutant, and made available to the public to support effective community participation in the making of environmental policies. (d) Environmental justice guarantee In cases where co-pollutant emissions impacting frontline communities have not declined at a rate equal to the carbon dioxide emissions targets established in section 9902(b)(2), the Administrator is authorized to implement or promulgate additional regulatory measures to ensure such reductions. (e) Environmental justice review Not later than 4 years after the date of enactment of this section, and annually thereafter, the Administrator shall implement an annual review to determine frontline communities, evaluate the effects of the enactment of this chapter on environmental justice, and recommend further corrective measures if needed. (f) Appropriations Out of any money in the Treasury not otherwise appropriated, there shall be appropriated such sums as are necessary to carry out the purposes of this section, to remain available until expended. 102 Healthy Climate Dividends Sec. 9911. Healthy Climate Trust Fund. Sec. 9912. Healthy Climate Dividend Payments. Sec. 9913. Transparency. 9911. Healthy Climate Trust Fund (a) Establishment There is established in the Treasury of the United States a trust fund to be known as the Healthy Climate Trust Fund (b) Transfers (1) Proceed amounts There are appropriated to the Healthy Climate Trust Fund amounts equivalent to funds received as proceeds under section 9903. (2) Penalty amounts There are appropriated to the Healthy Climate Trust Fund amounts equivalent to funds received as penalties under section 9905. (c) Expenditures (1) Administrative expenses Out of any amounts in the Treasury not otherwise appropriated, there shall be appropriated such sums as are necessary to pay the administrative expenses necessary to carry out this chapter. (2) Healthy Climate Dividend Payments Amounts in the Healthy Climate Trust Fund not used under paragraph (1) for any month shall be available for making Healthy Climate Dividend Payments under section 9912. 9912. Healthy Climate Dividend Payments (a) In general For purposes of this section: (1) Healthy Climate Dividend Payment The term Healthy Climate Dividend Payment (2) Eligible individual (A) In general The term eligible individual (B) Opt out An individual may elect not to be treated as an eligible individual. (b) Payment of Healthy Climate Dividend From amounts made available under section 9911(c)(2), the Secretary shall make a Healthy Climate Dividend Payment not later than the end of the calendar quarter following the calendar quarter in which such amounts are appropriated to the Healthy Climate Trust Fund under section 9911 to each eligible individual for that quarter. Such payments shall be made by electronic means to the maximum extent practicable. (c) Exclusion from gross income Gross income shall not include any Healthy Climate Dividend paid under this section. (d) Regulations The Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section. 9913. Transparency (a) Report to Congress Not later than June 30, 2024, and at least annually thereafter, the Secretary shall transmit to Congress a report accounting for the disposition of amounts in the Healthy Climate Trust Fund in the previous calendar year. (b) Healthy Climate Trust Fund Website Not later than 90 days after the date of the enactment of this subtitle, the Secretary shall establish and maintain a website to provide the public with information on the disposition of any amounts in the Healthy Climate Trust Fund. 103 Border Adjustments Sec. 9921. Carbon equivalency fee. Sec. 9922. Definitions. Sec. 9923. Sense of Congress. 9921. Carbon equivalency fee (a) Imports The Secretary shall impose carbon equivalency fees to be collected by the Commissioner responsible for U.S. Customs and Border Control on imports of carbon-intensive goods. The amount of the carbon equivalency fee shall be equal to the cost that domestic producers of a comparable carbon-intensive good incur as a result of— (1) prices paid in the acquisition of carbon permits by covered entities under this subtitle, and (2) carbon equivalency fees paid by importers of carbon-intensive goods used in the production of the comparable carbon-intensive good. (b) Payments to Exporters The Secretary shall pay without interest to entities exporting from the United States carbon-intensive goods produced in the United States. The amount of the payment shall be equal to the cost that domestic producers of the carbon-intensive good incur as a result of— (1) prices paid in the acquisition of carbon permits by covered entities under this subtitle, and (2) carbon equivalency fees paid by importers of carbon-intensive goods used in the production of the comparable carbon-intensive good. (c) Expiration This section shall cease to have effect at such time as and to the extent that— (1) an international agreement requiring countries that emit greenhouse gases and produce carbon-intensive goods for export markets to adopt equivalent measures comes into effect, or (2) the country of export has implemented equivalent measures, as determined by the Secretary, in consultation with the Secretary of State. 9922. Definitions In this chapter: (1) Carbon-intensive good The term carbon-intensive good (A) is a primary product, or (B) is a manufactured item in which one or more primary products are inputs and the cost of production of which in the United States is significantly increased by reason of the requirements under this subtitle. (2) Primary product The term primary product (A) iron, steel, steel mill products (including pipe and tube), aluminum, cement, glass (including flat, container, and specialty glass and fiberglass), pulp, paper, chemicals, or industrial ceramics, and (B) any other manufactured product that the Secretary, in consultation with the Administrator, determines— (i) is sold for purposes of further manufacture, and (ii) generates, in the course of the manufacture of the product, direct and indirect greenhouse gas emissions that are comparable (on an emissions-per-dollar of output basis) to emissions generated in the manufacture or production of a primary product identified in subparagraph (A). (3) Equivalent measure The term ‘equivalent measure’ means a tax, or other regulatory requirement that imposes a cost, on manufacturers of carbon-intensive goods located outside the United States, by reason of greenhouse gas emissions in the production of such goods by such manufacturers, approximately equal to the cost imposed by this subtitle on manufacturers of comparable carbon-intensive goods located in the United States. 9923. Sense of Congress It is the sense of Congress that the United States should work proactively under the United Nations Framework Convention on Climate Change and in other appropriate fora, to establish binding agreements committing all major greenhouse gas emitting countries and countries with globally competitive producers of carbon-intensive goods to contribute equitably to the reduction of global greenhouse gas emissions on a schedule and order of magnitude necessary to stabilize the climate. . (b) Clerical amendment The table of subtitles for the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Subtitle L. Auction of Carbon Permits and Distribution of Healthy Climate Dividends. . 4. Non-auction greenhouse gases (a) Definitions In this section: (1) The term Administrator (2) The term non-auction greenhouse gas (b) List of non-Auction greenhouse gases (1) Initial list Not later than 2 years after the date of the enactment of this Act, the Administrator, by rule, shall finalize and publish a list that— (A) consists of the anthropogenically emitted gases that are determined by the Administrator to contribute to global warming; and (B) excludes gases to the extent they are— (i) carbon dioxide emitted by the combustion of a covered fuel (as such term is defined in section 9901 (ii) directly attributable to the production of animals for food or food products. (2) Updates The Administrator shall periodically review and, as appropriate, update the list under paragraph (1). (c) Regulations (1) In general Under the authorities vested in the Administrator by the Clean Air Act ( 42 U.S.C. 7401 et seq. (2) International competitiveness In promulgating regulations under this subsection, the Administrator shall take into consideration the effect of such regulations on the international competitiveness of businesses and industries of the United States. (d) Schedule (1) In general The regulations under subsection (c) shall ensure that— (A) not later than 4 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 25 percent of non-auction greenhouse gases emitted in the United States; (B) not later than 6 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 50 percent of non-auction greenhouse gases emitted in the United States; (C) not later than 8 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 75 percent of non-auction greenhouse gases emitted in the United States; and (D) not later than 10 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit 100 percent of non-auction greenhouse gases emitted in the United States. (2) Baseline The percentages specified in paragraph (1) shall be applied relative to the aggregate quantity of non-auction greenhouse gases emitted in the United States during the calendar year in which the initial list under subsection (b)(1) is required to be finalized by such subsection. (e) Priorities In determining priorities for regulating the emissions of non-auction greenhouse gases under subsection (c), the Administrator shall consider— (1) the degree to which the gases involved contribute to global warming; and (2) the speed with which a given reduction would contribute to stabilizing the climate. (f) Citizen suits The provisions of section 304 of the Clean Air Act ( 42 U.S.C. 7604 (g) Report to Congress Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit a report to the Congress identifying any additions or modifications to statutory provisions which are needed for the Administrator to effectively address the contribution of non-auction greenhouse gases to global warming. 5. Disclosure of information (a) Limited disclosure of identity Subsection (l) of section 6103 (23) Limited disclosure of identity information relating to Healthy Climate Dividend Payments (A) Department of the Treasury Individual identity information shall, without written request, be open to inspection by or disclosure to officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for purposes of section 9912. (B) Commissioner of Social Security The Commissioner of Social Security shall, on written request, disclose to officers and employees of the Department of the Treasury individual identity information which has been disclosed to the Social Security Administration as provided by paragraph (1) or (5). (C) Restriction on disclosure Information disclosed under this paragraph shall be disclosed only for purposes of, and to the extent necessary in, carrying out section 9912. . (b) Conforming amendments Section 6103(p)(3)(A) or (18) , (23), or (21) 6. Preservation of remedies (a) In general Nothing in this Act preempts, displaces, or restricts any State or Federal common law or statutory rights that create a remedy for civil relief, including those for civil damages, or that create a penalty for criminal conduct. (b) Claims related to fossil fuels and climate change Notwithstanding any other provision of law, nothing in this Act, the Clean Air Act ( 42 U.S.C. 7401 et seq. (1) deception concerning the effects of fossil fuels on climate change; (2) damage or injury resulting from the role of fossil fuels in contributing to climate change; or (3) the failure to avoid any damage or injury related to— (A) climate change, including claims for nuisance, trespass, design defect, negligence, failure to warn, or deceptive or unfair practices; and (B) claims for injunctive, declaratory, monetary, or other relief. 7. Effective date The amendments made by this Act shall take effect on the date of the enactment of this Act.

Healthy Climate and Family Security Act of 2022

Platform Accountability and Transparency Act This bill increases access to the data of large technology platforms (i.e., platforms with at least 50 million unique monthly users in the United States) in order to facilitate research concerning activities on those platforms, particularly by requiring platforms to disclose data to researchers who participate in a research program jointly established by the National Science Foundation and the Federal Trade Commission.

117 S5339 IS: Platform Accountability and Transparency Act U.S. Senate 2022-12-21 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. 5339 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Coons Mr. Portman Ms. Klobuchar Mr. Cassidy Committee on Health, Education, Labor, and Pensions A BILL To support research about the impact of digital communication platforms on society by providing privacy-protected, secure pathways for independent research on data held by large internet companies. 1. Short title; table of contents (a) Short title This Act may be cited as the Platform Accountability and Transparency Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Qualified research projects, qualified researchers, and qualified data and information. Sec. 4. Obligations and immunity for platforms. Sec. 5. Obligations and immunity for qualified researchers. Sec. 6. Reporting. Sec. 7. Enforcement. Sec. 8. Amendment to the Communications Decency Act. Sec. 9. Establishing a safe harbor for research on social media platforms. Sec. 10. Rulemaking authority. Sec. 11. Authorization of appropriations. Sec. 12. Severability. 2. Definitions In this Act: (1) Commission The term Commission (2) Chair The term Chair (3) NSF The term NSF (4) Personal information The term personal information (5) Platform The term platform 15 U.S.C. 45(a)(2) (A) operates a website, desktop application, augmented or virtual reality application, or mobile application that— (i) permits a person to become a registered user, establish an account, or create a profile for the purpose of allowing the user to create, share, and view user-generated content through such an account or profile; (ii) enables one or more users to generate content that can be viewed by other users of the platform; and (iii) primarily serves as a medium for users to interact with content generated by other users of the platform and for the platform to deliver ads to users; and (B) has at least 50,000,000 unique monthly users in the United States for a majority of the months in the most recent 12-month period. (6) Qualified data and information (A) In general Subject to subparagraph (B), the term qualified data and information (i) that the NSF determines is necessary to allow a qualified researcher to carry out a qualified research project; and (ii) that— (I) is feasible for the platform to provide; (II) is proportionate to the needs of the qualified researchers to complete the qualified research project; (III) will not cause the platform undue burden in providing the data and information to the qualified researcher; and (IV) would not be otherwise available to the qualified researcher. (B) Exclusions Such term does not include any of the following: (i) Direct and private messages between users. (ii) Biometric information, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics. (iii) Precise geospatial information. (7) Qualified researcher (A) In general Subject to subparagraph (B), the term qualified researcher section 501(c) (B) Exclusion Such term does not include a researcher who is affiliated with a Federal, State, local, or tribal law enforcement or intelligence agency. (8) Qualified research project The term qualified research project (9) State The term State (10) User The term user 3. Qualified research projects, qualified researchers, and qualified data and information (a) Establishment Not later than 1 year after the date of enactment of this Act, the NSF and the Commission shall jointly establish a research program to review research applications for approval as qualified research projects. (b) Research program requirements The research program established by the NSF and the Commission under this section shall— (1) provide that the NSF shall— (A) establish a process to solicit research applications in order to identify qualified research projects; (B) review research applications for scientific merit; (C) ensure research applications identify proposed qualified researchers; (D) publish guidelines and criteria to be used by the NSF in determining how it will review research applications seeking approval to be a qualified research project; (E) identify, in consultation with the Commission, what data and information in a platform’s possession will be qualified data and information for the purposes of carrying out a qualified research project; (F) ensure that approved research applications do not request data described in section 2(6)(B); and (G) prescribe and publish guidelines and criteria, in consultation with the Commission, used to determine how the NSF and Commission will identify qualified data and information necessary to conduct a qualified research project; (2) provide that the Commission shall— (A) review research applications for privacy and cybersecurity risks; (B) establish appropriate privacy and cybersecurity safeguards that a platform must implement in the provision of, and with which qualified researchers must comply to access, qualified data and information that a platform is required to share with qualified researchers pursuant to a qualified research project, and such safeguards— (i) must account for the relative sensitivity of the qualified data and information involved and be sufficient to protect such data and information; and (ii) may include alternative protections, as appropriate and in consideration of the aims of the qualified research project, including— (I) encryption of the data in transit and when not in use; (II) delivery of the data in a format that employs methods to prevent qualified researchers from identifying individuals in the dataset; (III) data access logs; and (IV) keystroke logs; (C) in the case of each qualified research project, consider whether to require the platform to provide a secure physical or virtual environment to facilitate delivery of the qualified data and information; (D) establish appropriate privacy and cybersecurity safeguards that a qualified researcher must implement when receiving, storing, or analyzing qualified data and information or generating new data using such qualified data and information, including inferential data based on such qualified data and information, and such safeguards may include a requirement that a qualified researcher delete qualified data and information after completion of a qualified research project, however any such safeguard must provide the qualified researcher the ability to retain enough information about the qualified data and information to allow the researcher or their peers to recreate the qualified research project upon request to, and approval from, the NSF and Commission pursuant to this section; (E) publish a list of criteria for determining the privacy and cybersecurity safeguards required for qualified data and information related to a qualified research project; (F) provide platforms with the opportunity to provide comment about the privacy and cybersecurity safeguards required for a qualified research project; (G) provide researchers with the opportunity to provide comment about the privacy and cybersecurity safeguards required for a qualified research project; (H) establish a process to ensure that qualified researchers will be able to comply with any such privacy and cybersecurity safeguards; and (I) publish a list of criteria for determining whether qualified researchers will be able to comply with any such privacy and cybersecurity safeguards; (3) provide that a research application may not be denied on grounds of the race, color, age, sex, national origin, political affiliation, or disability of the researcher; (4) provide that a research application shall not be approved as a qualified research project unless it— (A) has been approved by an institutional review board; (B) has been deemed exempt from institutional review board review; or (C) is excluded from the criteria for institutional review board review; (5) provide a platform the opportunity to comment on and appeal the approval of a qualified research project for which the platform is required to provide qualified data and information to the NSF and Commission on the grounds that— (A) the platform cannot provide the qualified data and information; (B) providing access to the qualified data and information would lead to significant vulnerabilities in the security of the platform’s service or user privacy; or (C) the privacy and cybersecurity safeguards established by the Commission are not sufficient to protect the qualified data and information; and (6) require that any analysis by a qualified researcher derived from a qualified research project that the qualified researcher intends to publish undergo prepublication review by the Commission to ensure that the analysis does not expose personal information, or trade secrets. (c) Qualified researcher capacity A qualified research project may not proceed unless the proposed qualified researchers can demonstrate that they have the capacity to comply with the privacy and cybersecurity safeguards established for the qualified research project. (d) Aim of project A research application shall not be approved as a qualified research project unless it is in the public interest, aims to study activity on a platform, and is used for noncommercial purposes. (e) No judicial review A determination by the Commission and the NSF under this section regarding whether a research application will be deemed a qualified research project shall not be subject to judicial review. (f) No government access If a platform provides qualified data and information to a qualified researcher, no government entity may seek access to such qualified data and information from the qualified researcher. (g) Researcher consortia The Commission and NSF shall establish procedures and necessary safeguards under this section that allow for consortia of researchers to apply to seek data for the purpose of conducting a series of qualified research projects. 4. Obligations and immunity for platforms (a) Provision of qualified data and information A platform shall provide access to qualified data and information relating to a qualified research project to a qualified researcher under the terms and privacy and cybersecurity safeguards dictated by the Commission for the purpose of carrying out the qualified research project. (b) Continued access to qualified data and information (1) In general A platform may not restrict or terminate a qualified researcher’s access to qualified data and information for an ongoing qualified research project unless the platform has a reasonable belief that the qualified researcher is not acting in accordance with the cybersecurity and privacy safeguards required for the qualified research project. (2) Notice and review of change to access If a platform restricts or terminates a qualified researcher's access to qualified data and information for an ongoing qualified research project— (A) the platform shall, within a reasonable time (as established by the Commission), inform the Commission in writing that the platform has restricted or terminated the qualified researcher's access to the qualified data and information; and (B) the Commission shall promptly review the platform's decision and determine whether the qualified researcher has violated the privacy and cybersecurity safeguards established for the qualified research project. (c) Notice to platform users The Commission shall issue regulations requiring that platforms, through posting of notices or other appropriate means, keep users informed of their privacy protections and the information that the platform is required to share with qualified researchers under this Act. (d) Safe harbor No cause of action under State or Federal law arising solely from the release of qualified data and information to qualified researchers in furtherance of a qualified research project may be brought against any platform that complies with the Act. (e) Right of review If a platform fails to provide all of the qualified data and information required under the terms of a qualified research project to the qualified researcher conducting the project, the qualified researcher or the researcher's affiliated university or nonprofit organization may bring an action in district court for injunctive relief or petition the Commission to bring an enforcement action against the platform. (f) Security Nothing in this Act shall be construed to restrict a platform’s ability to: (1) Take immediate steps to protect an interest that is essential for the life or physical safety of a natural person. (2) Respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or illegal activity, preserve the integrity of security of systems, or investigate or report those responsible for such actions. 5. Obligations and immunity for qualified researchers (a) Scope of permitted use of qualified data and information Each qualified researcher who accesses qualified data and information shall use the qualified data and information— (1) only for the purposes of conducting research authorized under the terms of the qualified research project involved; and (2) in accordance with the privacy and cybersecurity safeguards prescribed by the Commission for the qualified research project. (b) Protection of personal information A qualified researcher that is provided access to qualified data and information for purposes of a qualified research project may not— (1) attempt to reidentify, disclose, publish, or use for commercial purpose personal information derived from such qualified data and information; or (2) disclose such qualified data and information to a third party for any reason. (c) Effect of violation of information and privacy standards Qualified researchers who intentionally, recklessly, or negligently violate the privacy and cybersecurity safeguards prescribed by the Commission for a qualified research project may be subject to both civil and criminal enforcement, under applicable Federal, State, and local laws. The Commission may refer any such violation to the Department of Justice or the appropriate State law enforcement agency. 6. Reporting Not later than 24 months after the date of enactment of this Act, and annually thereafter, the NSF and the Commission shall submit to the Congress a joint report regarding the operation of this Act, which shall include a detailed statement of all qualified research projects, including with respect to each such project: (1) The identity of any authorized qualified researcher and the institution the researcher is affiliated with. (2) The platforms required to provide qualified data and information to qualified researchers. (3) The categories of qualified data and information each platform was required to provide. (4) The terms of the privacy and cybersecurity safeguards prescribed by the Commission to ensure the security of the qualified data and information. (5) Any recommendations for improvements to the operation of this Act in order to facilitate its aim of providing enhanced platform transparency. 7. Enforcement (a) Unfair or deceptive act or practice (1) In general A platform's failure to comply with subsection (a) or (b) of section 4, or a qualified researcher's failure to comply with subsection (a) or (b) of section 5, shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Powers of the Commission (A) In general The Commission shall enforce the provisions of this Act specified in paragraph (1) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Any person that violates the provisions of this Act specified in paragraph (1) shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (b) Regulations The Commission shall have the authority to promulgate, in the manner prescribed by 5 U.S.C. 553 (c) Civil enforcement authority Whenever the Commission shall have reason to believe that a platform or qualified researcher has been or is in violation of any provision of this Act, the Commission may commence a civil action in a district court of the United States for an injunction against the platform or qualified researcher. Remedies in an injunctive action brought by the Commission are limited to an order enjoining, restraining, or preventing any act or practice that constitutes a violation of this Act and imposing a civil penalty of up to $10,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the Attorney General of the United States. Such penalty shall be in addition to other penalties as may be prescribed by law. (d) Attorney's fees and other costs In the event any enforcement action is appealed, the prevailing party in the action may, in the discretion of the court, recover the costs of the action including reasonable investigative costs and attorneys' fees. 8. Amendment to the Communications Decency Act Section 230(c)(1) of the Communications Act of 1934 ( 47 U.S.C. 230(c)(1) (1) by striking No provider or user (A) In general Except as provided in subparagraph (B), no provider or user ; and (2) by adding at the end the following: (B) Data access and transparency compliance (i) Definitions In this subparagraph, the terms platform qualified data and information qualified researcher qualified research project Platform Accountability and Transparency Act (ii) Exception to immunity Subparagraph (A) shall not apply with respect to a claim against a provider of an interactive computer service in a civil action if— (I) the provider is a platform that has been determined by a final order of the Federal Trade Commission or a Federal court to have failed to provide qualified data and information pursuant to a qualified research project, in violation of section 6(a) of the Platform Accountability and Transparency Act (II) this failure to comply was a direct and substantial contributor to the harm alleged by the claimant that is the basis for the claim to relief. . 9. Establishing a safe harbor for research on social media platforms (a) In general No civil claim will lie, nor will any criminal liability accrue, against any person for collecting covered information as part of a news-gathering or research project on a platform, so long as— (1) the information is collected through a covered method of digital investigation; (2) the purpose of the project is to inform the general public about matters of public concern; (3) with respect to information that is collected through a covered method of digital investigation— (A) the information is not used except to inform the general public about matters of public concern; and (B) the person takes reasonable measures to protect the privacy of the platform's users; (4) with respect to the creation and use of a research account, the person takes reasonable measures to avoid misleading the platform’s users; and (5) the project does not materially burden the technical operation of the platform. (b) Regulations No later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5— (1) defining covered method of digital investigation, (A) the collection of data from a platform's user-facing interface through automated means; (B) the collection of data donated by a user, including through a browser extension or plug-in, where the donation is in connection with the project and with the user's explicit consent; and (C) the creation or use of research accounts; (2) defining covered information, (A) publicly available information, except that such term should not exclude data merely because an individual must log into an account in order to see it; (B) information about ads shown on the platform, including the ads themselves, the advertiser’s name and disclosure string, and information the platform provides to users about how an ad was targeted; and (C) any other category of information the collection of which the Commission determines, consistent with paragraph (3), will not unduly burden user privacy; (3) defining reasonable measures to protect the privacy of the platform’s users (A) avoid the collection and retention of non-public information that would readily identify a user without that user's consent; (B) prevent the theft and accidental disclosure of any data collected; (C) ensure that the data at issue is not used for any purpose other than to inform the general public about matters of public concern; and (D) restrict the publication or other disclosure of any data that would readily identify a user without the user's consent, except when such user is— (i) an advertiser and the data concerns an advertisement; or (ii) a public official, candidate for public office, or public figure; (4) defining reasonable measures to avoid misleading the platform’s users (5) defining materially burden the technical operation of a platform (c) Amendment of regulations The Commission may, as necessary, in consultation with relevant stakeholders, amend regulations promulgated pursuant to subsection (b) to the extent such amendment will accomplish the purposes of this section. (d) Reporting In December of each calendar year beginning with calendar year 2023, the Commission shall require each operator of any platform to submit an annual report to the Commission that addresses whether the measures prescribed under subsections (b)(3) and (b)(4) of this section are adequately protecting the platform’s users. (e) Definition of research account For purposes of this section, the term research account 10. Rulemaking authority (a) Additional reporting requirements (1) In general In consultation with the NSF, the Commission may, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations that require platforms to make available to qualified researchers data, metrics, or other information that the Commission determines will facilitate independent research in the public interest into activity on platforms. (2) Factors In exercising its authority under this subsection, the Commission shall consider the extent to which disclosures under this subsection may facilitate collaboration amongst qualified researchers and alleviate burdens on platforms and qualified researchers as compared to qualified research projects conducted pursuant to section 3. (3) Form and frequency; retention of information The Commission shall specify in the regulations the required form and frequency of reporting or disclosures, as well as how long information should be retained and made available. It may require the information be provided in a form that is accessible for analysis by qualified researchers, such as through an application programming interface. (4) Consultation The Commission shall further consult with the National Institutes of Health and other relevant government agencies, as appropriate, in exercising its authority under this subsection. (5) Applicability of prior sections The Commission shall establish privacy and cybersecurity safeguards applicable to platforms and qualified researchers for data made available to qualified researchers under this section in the manner described in section 3 for data made available under that section. The obligations and immunities for platforms and qualified researchers described in sections 4 and 5 shall apply to data disclosed to qualified researchers under this section, and the provisions of section 7 may be invoked to enforce this section. (b) Transparency of certain content and user accounts (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations to require platforms to make available to the public on an ongoing basis, in a specific section of their online interface, through a searchable and reliable tool that allows multicriteria queries and through application programming interfaces, a repository containing information regarding reasonably public content on the platform that— (A) has been highly disseminated; or (B) was originated or spread by major public accounts. (2) Disclosure of public content samplings The regulations issued under paragraph (1) shall further require platforms to disclose on an ongoing basis statistically representative samplings of reasonably public content, including, at a minimum, a sampling that is weighted by the number of impressions the content receives. (3) Required information The information required to be disclosed about content described in paragraphs (1) and (2) shall include, as appropriate— (A) the user-generated content itself, including any text, images, videos, links, and keywords; (B) platform-generated content displayed in connection with the user-generated content, including any dates, labels, disclaimers, or metrics; (C) metrics about the extent of dissemination of or engagement with the content, including the number of impressions, reach, and engagements; (D) information about the extent to which the content was recommended, amplified, or restricted by platform algorithms or policies; (E) reasonably public information about the user accounts responsible for the content; and (F) public uniform resource locators that uniquely link to the content and identify related materials such as the parent content, replying content, and cross-posted content. (4) Highly disseminated content As part of the regulations issued under paragraph (1), the Commission shall define highly disseminated (5) Major public accounts As part of the regulations issued under paragraph (1), the Commission shall define major public accounts major public accounts (6) Treatment of content that has been removed The regulations described in paragraph (1) shall provide guidance regarding disclosure of content that is removed by the user or platform subsequent to its dissemination. (7) Frequency To the extent practicable, the Commission shall require this information to be updated so as to provide a real-time understanding of the content described in paragraphs (1) and (2). (c) Transparency of advertising (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations to require platforms to disclose on an ongoing basis information regarding advertising on the platform. These regulations shall require platforms to compile and disclose publicly in a specific section of their online interface, through a searchable and reliable tool that allows multicriteria queries and through application programming interfaces, a repository containing the information referred to in paragraph (2), for the entire period during which they present an advertisement and until one year after the advertisement was presented for the last time on their online interfaces. Platforms shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been presented. (2) Information required The information required to be included in the repository required under paragraph (1) shall include at least all of the following information: (A) The content of the advertisement, including the name of the product, service or brand and the subject matter of the advertisement. (B) The natural or legal person on whose behalf the advertisement is presented. (C) The natural or legal person who paid for the advertisement, if that person is different from the person referred to in subparagraph (B). (D) The period during which the advertisement was presented. (E) Whether the advertisement was intended to be presented specifically to one or more particular groups of recipients of the service and if so, the main parameters used for that purpose including where applicable the main parameters used to exclude one or more of such particular groups. (F) The total number of recipients of the service reached and, where applicable, aggregate numbers broken down by group or groups of recipients that the advertisement specifically targeted. (G) Information about the extent to which the advertisement was recommended, amplified, or restricted by platform algorithms or policies. (3) Treatment of removed ads The regulations described in paragraph (1) shall provide guidance regarding disclosure of ads that are removed by the user or platform subsequent to its dissemination. (4) Frequency To the extent practicable, the Commission shall require this information to be updated so as to provide a real-time understanding of the content described in paragraph (2). (d) Transparency of algorithms and company metrics and data (1) In general Not later than 1 year after enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations to require platforms to report publicly on their use of recommender or ranking algorithms and metrics. (2) Required information The reporting required under paragraph (1) shall be at least semiannual and include, as appropriate— (A) a description of all consumer-facing product features that made use of recommender or ranking algorithms during the reporting period; (B) a summary of signals used as inputs to the described recommender or ranking algorithms, including an explanation of which rely on user data, an explanation of the types of user data relied upon, and ranked based on the significance of their impact on the algorithms’ outputs; (C) a summary of the processes or predictions used by the platform to assess the signals incorporated into the recommender or ranking algorithm and to score or rank content (such as predictions of future user engagement), ranked based on the significance of their impact on the algorithms’ outputs; (D) a summary of the optimization objectives of the described recommender or ranking algorithms; (E) a summary of metrics calculated by the platform to assess product changes or new features, or as a basis to assess performance or calculate employee or executive compensation, with an assessment of their relative importance in company decision making; (F) significant changes during the reporting period from the last report; and (G) other information about the recommender or ranking algorithms that the Commission deems appropriate. (3) Implementation In implementing this section, the Commission shall ensure that the reporting is useful and actionable while ensuring that platforms are not required to disclose trade secrets. (e) Transparency of content moderation and violating content (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations to require platforms to report on an ongoing basis information regarding content moderation and content violating platform policies. (2) Required information The information required to be disclosed under paragraph (1) shall include, as appropriate— (A) statistics regarding the amount of content that the platform determined violated its policies, broken down by— (i) the violated policy; (ii) the action taken in response to the violation; (iii) the methods the platform used to identify the violating content (such as artificial intelligence, user report, human moderator review, or other means); (iv) the extent to which the content was recommended, amplified, or restricted by platform algorithms or policies; and (v) geographic and demographic factors as the Commission deems appropriate; (B) statistics regarding the number of times violating content was viewed by users and the number of users who viewed it; (C) estimates by the platform about the prevalence of violating content (including as measured by the number of impressions of violating content), broken down by— (i) the violated policy; (ii) geographic and demographic factors; and (iii) other factors the Commission deems appropriate; and (D) the number of orders received from governmental authorities, categorized by the type of illegal content concerned, and the average time needed for taking the action specified in those orders. (f) Data dictionaries Not later than 1 year after the date of enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations to require platforms to disclose, and update periodically, data dictionaries to inform and facilitate researcher data access requests. Such data dictionaries shall include descriptions of significant datasets in the platform’s possession relating to content on, or users of, the platform, enforcement of content policy, or advertising, as necessary or appropriate to inform and facilitate researcher data access requests. (g) Privacy, confidentiality, and platform integrity The Commission shall ensure that any reporting or disclosures required pursuant to this section do not infringe upon reasonable expectations of personal privacy of users of platforms or of other persons, or require dissemination of trade secrets. If necessary, the Commission may require withholding of information otherwise required to be disclosed to meet this requirement. The Commission shall further consider the effect of disclosures on risks to platform integrity or the susceptibility of the platform to manipulation or inauthentic behavior, and may limit or reduce the information required to be disclosed if necessary to address a substantial such risk. (h) Variation In implementing this section, the Commission may vary the requirements it imposes on platforms based on the size of the platform and scope of its services. (i) Definitions In this section: (1) Engagement The term engagement (2) Impression The term impression (3) Prevalence of violating content The term prevalence of violating content (4) Reach The term reach (5) Real-time understanding The term real-time understanding (6) Reasonably public The term reasonably public (7) Recommender or ranking algorithm The term recommender or ranking algorithm 11. Authorization of appropriations There are authorized to be appropriated to the NSF and the Commission such sums as are necessary to carry out this Act for fiscal year 2022 and each succeeding fiscal year. 12. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the remaining provisions of this Act, to any person or circumstance, shall not be affected.

Platform Accountability and Transparency Act

Federal Reserve Accountability Act of 2022 This bill reduces the number of Federal Reserve districts from 12 to 5, requires Senate confirmation for Federal Reserve bank presidents, and makes other changes to the operation of the Federal Reserve Board and Federal Reserve banks.

117 S5341 IS: Federal Reserve Accountability Act of 2022 U.S. Senate 2022-12-21 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. 5341 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Toomey Mr. Cramer Mr. Cruz Mr. Hagerty Mr. Lee Ms. Lummis Mr. Tillis Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Reserve Act to provide greater accountability to the Federal Reserve System, and for other purposes. 1. Short title This Act may be cited as the Federal Reserve Accountability Act of 2022 2. Appointment of general counsel Subsection (l) of section 11 of the Federal Reserve Act ( 12 U.S.C. 248 The President shall appoint a general counsel for the Board, by and with the advice and consent of the Senate. Sections 3345 through 3349b of title 5, United States Code, shall not apply to the general counsel. 3. Appointment of Federal Reserve bank presidents (a) In general The fifth paragraph of the fourth unenumerated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 341 (1) in the first sentence, by striking president, vice presidents, vice presidents (2) in the second sentence, by striking Class B and Class C directors of the bank, with the approval of the Board of Governors of the Federal Reserve System, for a term of 5 years President of the United States (by and with the advice and consent of the Senate) for a term of 5 years (3) by striking the third sentence and inserting The first vice president of the bank shall be appointed by the Class B and Class C board of directors of the bank for a term of 5 years, and shall, in the absence or disability of the president or during a vacancy in the office of the president, serve as chief executive officer of the bank, until a nominee for president is confirmed by the Senate or the President of the United States appoints an acting president under sections 3345 through 3349b of title 5, United States Code. (4) in the fourth sentence, by striking the president or (5) by inserting A president may continue to serve after the expiration of the term of office to which the president was appointed until the earlier of the date on which a successor has been appointed and qualified, the date on which the next session of Congress subsequent to the expiration of such term expires, or the date on which the President of the United States removes the president. No appointed president shall serve more than a total of 10 years, not including any such continuation in service. (6) by inserting The president shall have their primary residence and principal place of business located in that Federal Reserve district for not fewer than 4 years before the date on which the President nominates the individual to be president of the Federal Reserve bank for that Federal Reserve district. (b) Suspension or removal of officers Section 11(f) of the Federal Reserve Act ( 12 U.S.C. 248(f) (except the president) reserve bank (c) Applicability Sections 3345 through 3349b of title 5, United States Code, shall apply to presidents of Federal Reserve banks in the same manner as officers of Executive agencies. 4. Federal reserve districts (a) In general Section 2 of the Federal Reserve Act ( 12 U.S.C. 222 The continental United States shall be divided into 5 Federal Reserve districts. The First Federal Reserve District shall be composed of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, New Jersey, Delaware, the Commonwealth of Puerto Rico, and the United States Virgin Islands, with the city of New York, New York, as the location of the Federal Reserve bank. The Second Federal Reserve District shall be composed of Ohio, West Virginia, Virginia, Maryland, Michigan, Indiana, Kentucky, Illinois, Wisconsin, Minnesota, and the District of Columbia, with the city of Cleveland, Ohio, as the location of the Federal Reserve bank. The Third Federal Reserve District shall be composed of Missouri, Kansas, Oklahoma, Colorado, Wyoming, Nebraska, Iowa, North Dakota, South Dakota, and Montana, with the city of Kansas City, Missouri, as the location of the Federal Reserve bank. The Fourth Federal Reserve District shall be composed of Texas, Arkansas, Louisiana, Mississippi, Alabama, Tennessee, Georgia, North Carolina, South Carolina, and Florida, with the city of Dallas, Texas, as the location of the Federal Reserve bank. The Fifth Federal Reserve District shall be composed of California, Oregon, Washington, Alaska, Hawaii, Idaho, Nevada, Utah, Arizona, New Mexico, Guam, American Samoa, and the Northern Mariana Islands, with the city of San Francisco, California, as the location of the Federal Reserve bank. Every national bank in any State shall, upon commencing business, become a member bank of the Federal Reserve System by subscribing and paying for stock in the Federal Reserve bank of its district in accordance with the provisions of this Act and shall thereupon be an insured bank under the Federal Deposit Insurance Act, and failure to do so shall subject such bank to the penalty provided by the sixth paragraph of this section. . (b) Federal Open Market Committee Section 12A of the Federal Reserve Act ( 12 U.S.C. 263 (a) There is hereby created a Federal Open Market Committee (hereinafter referred to as the Committee . (c) Technical and conforming amendments (1) Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 (2) Section 16 of the Federal Reserve Act ( 12 U.S.C. 413 twelve 5 5. Board of Governors of the Federal Reserve System Section 10 of the Federal Reserve Act ( 12 U.S.C. 241 (1) in the second sentence, by striking one of whom shall be selected from 2 of whom may be residents of (2) by inserting In this paragraph, the term resident of any one Federal Reserve district 6. Lobbying with moneys The Federal Reserve Act is amended by inserting after section 15 ( 12 U.S.C. 391 et seq. 15A. Lobbying with moneys No part of the income, interest, fees, money, or other funds of the Board of Governors of the Federal Reserve System or any Federal Reserve bank shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the Federal Reserve System from communicating to any such Member or official, at his request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31, United States Code. .

Federal Reserve Accountability Act of 2022

Preserving Homes and Communities Act of 2022 This bill establishes requirements for the sale by the Department of Housing and Urban Development of non-performing single-family residential mortgages that are insured under the National Housing Act.

117 S5342 IS: Preserving Homes and Communities Act of 2022 U.S. Senate 2022-12-21 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. 5342 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Reed Mr. Brown Mr. Wyden Ms. Smith Committee on Banking, Housing, and Urban Affairs A BILL To provide requirements for the bulk auction or group sale of certain non-performing loans, and for other purposes. 1. Short title This Act may be cited as the Preserving Homes and Communities Act of 2022 2. Sale of FHA non-performing single family mortgage loans (a) In general Title II of the National Housing Act ( 12 U.S.C. 1707 et seq. 259. Sale of non-performing single family mortgage loans (a) Single family sales The Secretary may conduct sales of 1 or more of single family non-performing residential mortgage loans insured under this title only if the following requirements are met: (1) The Secretary determines that no other reasonable measures other than a sale are available to restore the Fund to, or keep the Fund above, the minimum capital requirements under section 205(f)(4). (2) The Secretary establishes a system that provides priority to Federal, State, local, or Tribal governments or nonprofit organizations that have the capacity and experience required for buying, servicing, and resolving single family mortgage loans in a manner that promotes affordable housing, fair housing, affordable homeownership, housing counseling, or neighborhood stabilization. (3) Applicable loss mitigation required under section 230 is exhausted before any loan is placed into the loan sale. (4) Clear, written notice is sent by certified and first-class mail by the servicer to the borrower of the loan, all owners of record, and any applicable estate of the borrower with a copy sent to the Secretary, not less than 90 days before the inclusion of the loan in any single family sale— (A) stating that the loan will be included in a single family sale of non-performing loans; and (B) describing the sale process, including— (i) the loss mitigation or other protections available to the borrower and other owners of record both before and after the sale; (ii) the status of any loss mitigation actions offered by the mortgagee with respect to the loan, including decisions on all loss mitigation reviews, descriptions of any loss mitigation options offered or denied, and supporting documentation for the most recent evaluation; and (iii) the obligations of the servicer of the loan before and after the sale, including loss mitigation requirements. (5) Purchasers take loans subject to the following requirements: (A) The provision of loss mitigation options to all eligible borrowers that offer terms and protections at least as favorable as those available under loss mitigation guidelines of the Federal Housing Administration, including the absence of fees for loss mitigation and loan modifications that reduce payments to an affordable level. (B) Written, public disclosure of post-sale loss mitigation options. (C) Failure by the purchaser to follow the established loss mitigation guidelines shall serve as a defense to a judicial foreclosure and a basis to enjoin or otherwise stay a non-judicial foreclosure. (D) Data reporting as provided under subsection (c)(1). (E) Maintenance of vacant and abandoned property, including the payment of local property taxes, until such time as title is transferred to a nonprofit organization or the property is sold to a bona fide third-party purchaser. (F) Where a property becomes vacant, the purchaser shall not release the lien until the property is sold or donated. (G) Use of contract for deed, lease to own, or a land installment contract to sell or otherwise transfer any property that is secured by a purchased loan shall be prohibited unless the tenant or purchaser is a nonprofit organization. (H) For all non-performing loans where a home retention loss mitigation option is not possible and the purchaser acquires the property through foreclosure sale, 75 percent of those properties shall be— (i) sold at the current fair market value to an owner occupant; (ii) sold or donated to a nonprofit or local government entity that will commit to 1 of the outcomes described in clause (i) or (iii); (iii) for not less than the 10-year period beginning on the date on which any entity initially leases the property, and with respect to any new lease beginning within such 10-year period, leased to a tenant with income that is not more than 100 percent of the area median income at the time the tenant initially leases the property, with monthly rents that are not more than 30 percent of the monthly household income, provided that the property owner accepts as rental payment any legal source of income, including— (I) a housing voucher under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (aa) rental vouchers; (bb) rental assistance; (cc) rental subsidies from nongovernmental organizations; and (dd) homeownership subsidies; (II) income received as a monthly benefit under title II of the Social Security Act ( 42 U.S.C. 401 et seq. 42 U.S.C. 1381 et seq. 45 U.S.C. 231 et seq. (III) income received by court order, including spousal support and child support; (IV) any payment from a trust, guardian, conservator, cosigner, or relative; and (V) any other lawful source of income or funds, including savings accounts and investments; or (iv) for any property that is not habitable, demolished or donated to a land bank with a cash donation to cover demolition costs. (b) Direct loan sales The Secretary may permit direct loan sales of single family non-performing residential loans insured under this title only if— (1) the loans are sold to municipalities, land banks, or nonprofit organizations that work in affordable housing, housing counseling, or neighborhood stabilization; (2) the purchaser complies with the requirements under paragraph (5) of subsection (a); and (3) the pricing reasonably reflects the costs of complying with the requirements under paragraphs (3) through (5) of subsection (a). (c) Data and reporting (1) Purchaser reporting During the 4-year period following any single family sale of non-performing residential single family mortgage loans under subsection (a) or (b), the Secretary shall require each purchaser of such a loan, including any subsequent purchaser of the loan, to provide to the Secretary quarterly loan-level data regarding the treatment and outcome of the loan, including— (A) loan characteristics, including loan type, remaining loan term, loan to value ratio, number of months in arrears, loss mitigation status, and foreclosure status at time of sale; (B) loss mitigation data, including whether loss mitigation was provided by the purchaser, debt-to-income ratio and percent payment reduction for any modified loans, foreclosures begun or completed, and performance of modified loans; (C) demographic data for the borrower and any co-borrower, including race, national origin, sex, ZIP Code, and census tract, and, if available, disability status and veteran status; and (D) other purchaser actions, including charge offs and resales of loans and dates for such actions. (2) Semiannual reports to Congress The Secretary shall submit to Congress, and make publicly available at no cost to the public in a format that is readily accessible on the website of the Department of Housing and Urban Development, semi-annual reports to Congress on— (A) loans sold in a single family sale under subsection (a), disaggregated by pool, including— (i) the number of loans and types of loans; (ii) mean and median delinquency and loan to value ratios at the time of the sale; (iii) the number and percentage of owner-occupied properties; (iv) the number and percentage of loans modified prior to the sale; (v) the number and percentage of loans in foreclosure proceedings at the time of the sale; and (vi) demographic and geographic data, including property locations by census tract or larger geographic location if necessary to protect personally identifiable information; (B) the performance of loans after a single family sale under subsection (a), disaggregated by loan pool, including the initial purchaser, current owner, current servicer, data summarizing any alternatives to foreclosure offered and enacted, and data summarizing the data collected under paragraph (1); (C) the results of a fair lending analysis conducted based on the data in paragraph (1) to identify any discriminatory impacts or outcomes associated with the sales; and (D) claims paid through the Claims Without Conveyance of Title program under section 204(a)(1)(C), including the number of third-party sales by ZIP Code, whether purchasers are owner-occupants, nonprofit organizations, government entities, or investors, and the source of funds or financing used by purchasers. (d) Penalties for noncompliance The Secretary may— (1) forcibly retain loans or properties, without providing compensation, from purchasers that do not meet the requirements under subsection (a)(5); and (2) enact additional penalties for purchasers described in paragraph (1) that the Secretary determines have repeatedly not complied with the requirements under subsection (a)(5), including monetary penalties and prohibition from participating in single family sales under this section. (e) Regulations The Secretary shall issue regulations related to single family sales in accordance with the requirements in this section. 260. Claims without conveyance of title first look program (a) Claims without conveyance of title first look program With respect to a third-party sale of properties foreclosed upon and put up for sale in accordance with section 204(a)(1)(C), the Secretary shall maintain an exclusive right for eligible buyers to purchase these properties at a price at or below the fair market value of the property (with appropriate adjustments) for a specified period of time at the start of post-foreclosure sale efforts. (b) Eligible buyers The right to purchase a property under subsection (a) shall be offered to— (1) homebuyers who will occupy the property as a principal residence; (2) nonprofit organizations that— (A) commit in advance to rehabilitate the property and dispose of the property for an allowable use and within a time period to be designated by the Secretary by regulation; and (B) are pre-approved for participation by the Secretary or a designee thereof to ensure that the organization— (i) maintains active tax-exempt status under section 501(c)(3) of the Internal Revenue Code; (ii) has a primary mission related to— (I) affordable housing; or (II) community revitalization through housing-related activities; and (iii) has demonstrated not less than 2 years of direct experience with real estate project development as an organizational entity; and (3) Federal, State, local, or Tribal government agencies or instrumentalities that meet the requirements of subparagraph (A) and clauses (ii) and (iii) of subparagraph (B) of paragraph (2). (c) Allowable uses An allowable use described in this subsection shall include— (1) renovation and sale, or, if the property already meets the minimum property standards set by the Assistant Secretary for Housing and Federal Housing Commissioner, sale without renovation, to an owner-occupant with an income that is not more than 120 percent of the area median income; (2) renovation and creation of affordable homeownership or, if the property already meets the minimum property standards set by the Assistant Secretary for Housing and Federal Housing Commissioner, creation of affordable homeownership without renovation, by a community land trust or shared equity homeownership program; (3) renovation and rental to tenants with an income that is not more than 100 percent of the area median income at the time the tenant initially leases the property, with monthly rents that are not more than 30 percent of the monthly household income, for not less than the 10-year period beginning on the date on which any entity initially leases the property, and with respect to any new lease beginning within such 10-year period, provided that the property owner accepts as rental payment any legal source of income, including— (A) a housing voucher under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (i) rental vouchers; (ii) rental assistance; (iii) rental subsidies from nongovernmental organizations; and (iv) homeownership subsidies; (B) income received as a monthly benefit under title II of the Social Security Act ( 42 U.S.C. 401 et seq. 42 U.S.C. 1381 et seq. 45 U.S.C. 231 et seq. (C) income received by court order, including spousal support and child support; (D) any payment from a trust, guardian, conservator, cosigner, or relative; and (E) any other lawful source of income or funds, including savings accounts and investments; and (4) demolition, but only if the property is vacant or uninhabitable and if the demolition is part of a strategy that incorporates rehabilitation, new construction, or designation of the land for use as a public amenity. (d) Reporting requirements (1) In general Each purchaser of a property under this section, other than an owner-occupant, shall, on an annual basis until the purchaser completes the allowable use of the property under subsection (c), report to the Secretary— (A) the start date and completion date of any rehabilitation; (B) the scope of work for and the total cost of any rehabilitation; (C) the end-use of the property, including sale to owner-occupant, use in a land trust or other shared equity program, or affordable rental; (D) the demographics of the end-user of the property, whether an owner-occupant or a tenant, including race, national origin, sex, ZIP Code, and census tract, and, if available, disability status and veteran status; and (E) the approximate income of the end-user of the property expressed as a percentage of the area median income. (2) Availability The Secretary shall, on an annual basis, make the information collected under paragraph (1) publicly available at no cost to the public in a readily accessible format on the website of the Department of Housing and Urban Development. (e) Use of third-Party vendors The Secretary may contract with a third-party vendor to assist in carrying out the provisions of this section, including to— (1) pre-approve nonprofit organizations for participation in the Claims Without Conveyance of Title First Look program; (2) monitor compliance with allowable uses and time periods designated by the Secretary by regulation; and (3) facilitate reporting to the Secretary. (f) Access The Secretary shall ensure that any eligible buyer seeking to purchase a property under this section can easily access and inspect the property prior to making a commitment to purchase the property. . (b) Regulations Not later than 18 months after the date of enactment of this Act, the Secretary of Housing and Urban Development shall promulgate regulations to carry out the amendments made by this section. 3. Sale of Fannie Mae and Freddie Mac non-performing loans The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4501 et seq. 12 U.S.C. 4548 1329. Sale of non-performing loans (a) Bulk auction or group sales An enterprise may not conduct bulk auctions or other group sales of single family non-performing residential loans unless the following requirements are met: (1) The enterprise establishes a system that provides priority to Federal, State, local, or Tribal governments or nonprofit organizations that have the capacity and experience required for buying, servicing, and resolving single family mortgage loans in a manner that promotes affordable housing, fair housing, affordable homeownership, provision of housing counseling, or neighborhood stabilization. (2) Applicable loss mitigation is exhausted before a loan may be placed into the bulk auction or group sale. (3) Clear, written notice is sent by the enterprise or servicer through certified and first-class mail to the borrower and all owners of record, with a copy sent to the enterprise if sent by the servicer, not less than 90 days before the inclusion of the loan in any proposed sale— (A) stating that the loan will be included in a bulk auction or group sale of non-performing loans; and (B) describing the bulk auction or group sale process, including— (i) the loss mitigation or other protections available to the borrower and other owners of record both before and after the auction or sale; (ii) the status of any loss mitigation actions offered by the mortgagee with respect to the loan, including decisions on all loss mitigation reviews, descriptions of any loss mitigation options offered or denied, and supporting documentation for the most recent evaluation; and (iii) the obligations of the servicer of the loan before and after the auction or sale, including loss mitigation requirements. (4) The enterprise requires in the terms of the bulk auction or group sale that purchasers take loans subject to the following requirements: (A) The purchaser is required to provide loss mitigation options to all eligible borrowers that offer terms and protections at least as favorable as those available under loss mitigation guidelines of the enterprise, including the absence of fees for loss mitigation and loan modifications that reduce payments to an affordable level. (B) The purchaser is required to provide written, public disclosure of post-sale loss mitigation options that the purchaser makes available to eligible borrowers. (C) Failure by the purchaser to follow the established loss mitigation guidelines shall serve as a defense to a judicial foreclosure and a basis to enjoin or otherwise stay a non-judicial foreclosure. (D) Data reporting as provided under subsection (b)(2). (E) If a property becomes vacant, the purchaser shall not release the lien until the property is sold or donated. (F) Use of contract for deed, lease to own, or a land installment contract to sell or otherwise transfer any property that is secured by a purchased loan shall be prohibited unless the tenant or purchaser is a nonprofit organization without obtaining prior permission from the enterprise. (G) For all non-performing loans where a home-retention loss mitigation option is not possible and the purchaser acquires the property through foreclosure sale, 75 percent of those properties shall be— (i) sold at the current fair market value to an owner-occupant; (ii) sold or donated to a nonprofit or local government entity that will commit to 1 of the outcomes described in clause (i) or (iii); (iii) for not less than the 10-year period beginning on the date on which any entity initially leases the property, and with respect to any new lease beginning within such 10-year period, leased to a tenant with an income that is not more than 100 percent of the area median income at the time the tenant initially leases the property, with monthly rents that are not more than 30 percent of the monthly household income, provided that the property owner accepts as rental payment any legal source of income, including— (I) a housing voucher under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (aa) rental vouchers; (bb) rental assistance; (cc) rental subsidies from nongovernmental organizations; and (dd) homeownership subsidies; (II) income received as a monthly benefit under title II of the Social Security Act ( 42 U.S.C. 401 et seq. 42 U.S.C. 1381 et seq. 45 U.S.C. 231 et seq. (III) income received by court order, including spousal support and child support; (IV) any payment from a trust, guardian, conservator, cosigner, or relative; and (V) any other lawful source of income or funds, including savings accounts and investments; or (iv) for any property that is not habitable, demolished or donated to a land bank with a cash donation to cover demolition costs. (5) The enterprise maintains vacant and abandoned property until such time as title is transferred to a nonprofit organization or the property is sold to a bona fide third-party purchaser. (b) Data and reporting (1) Purchaser reporting During the 4-year period following any auction or sale of single family non-performing residential mortgage loans under subsection (a), the Director shall require the enterprise to collect from each purchaser of such loans, including any subsequent purchaser of a loan, quarterly loan-level data regarding the treatment and outcome of the loan, including— (A) loan characteristics, including loan type, remaining loan term, loan to value ratio, number of months in arrears, loss mitigation status, and foreclosure status at time of sale; (B) loss mitigation data, including whether loss mitigation was provided by the purchaser, debt-to-income ratio and percent payment reduction for any modified loans, foreclosures begun or completed, and performance of modified loans; (C) demographic data for each borrower and any co-borrower, including race, national origin, sex, ZIP Code, and census tract, and, if available, disability status and veteran status; and (D) other purchaser actions, including charge offs and resales of loans and dates for such actions. (2) Semiannual reports to Congress The Director shall submit to Congress, and make publicly available at no cost to the public in a readily accessible format on the website of the Agency, semi-annual reports on— (A) loans sold in an auction or sale under subsection (a) by each enterprise, disaggregated by pool, including— (i) the number of loans and types of loans; (ii) mean and median delinquency and loan to value ratios at the time of the sale; (iii) the number and percentage of owner-occupied properties; (iv) the number and percentage of loans modified prior to auction or sale; (v) the number and percentage of loans in foreclosure proceedings at the time of auction or sale; and (vi) demographic and geographic data, including property locations by census tract or larger geographic location if necessary to protect personally identifiable information; (B) the performance of loans after an auction or sale under subsection (a), disaggregated by loan pool, including the initial purchaser, current owner, current servicer, data summarizing any alternatives to foreclosure offered and enacted, and data summarizing the data collected under subparagraph (A); and (C) the results of a fair lending analysis conducted based on the data in subparagraphs (A) and (B) to identify any discriminatory impacts or outcomes associated with the auctions or sales. (c) Penalties for noncompliance The enterprises may— (1) forcibly retain loans or properties, without providing compensation, from purchasers that do not meet the requirements under subsection (a)(4); and (2) enact additional penalties for purchasers described in paragraph (1) that the Director determines have repeatedly not complied with the requirements under subsection (a)(5), including monetary penalties and prohibition from participating in sales under this section. (d) Regulations The Director shall issue regulations defining the terms of permissible auctions or sales in accordance with the requirements in this section. .

Preserving Homes and Communities Act of 2022

Cruise Passenger Protection Act of 2022 This bill revises provisions related to passenger vessel security and safety. The bill directs the Department of Transportation (DOT) to develop standards for cruise ship owners to provide passengers with a conspicuous and unambiguous summary of key terms of passage contracts before they are binding. Vessel owners must provide each passenger with a summary meeting those standards and include the summary in promotional literature. The bill prescribes civil and criminal penalties for violations. DOT must (1) establish a hotline for passenger complaints, (2) determine whether any of the enumerated rights in the international cruise line passenger bill of rights (adopted by the members of the Cruise Lines International Association) are enforceable under federal law, and (3) establish an advisory committee for passenger vessel consumer protection. Vessel owners must ensure that a vessel is staffed with sea marshals and medical staff. DOT must designate a director of victim support services, establish a 24-hour telephone number for crime victims, develop a written summary of rights for crime victims, maintain a statistical compilation of reported incidents, and study the feasibility of having an individual on board each vessel to provide victim support and related services. The Department of Homeland Security may withhold or revoke the clearance of, and the Coast Guard may deny entry into the United States to, any vessel owner who commits an act or omission for which a penalty is imposed under this bill or fails to pay the penalty.

117 S5343 IS: Cruise Passenger Protection Act of 2022 U.S. Senate 2022-12-21 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. 5343 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Blumenthal Mr. Markey Committee on Commerce, Science, and Transportation A BILL To improve passenger vessel security and safety, and for other purposes. 1. Short title (a) Short title This Act may be cited as the Cruise Passenger Protection Act of 2022 (b) References to title 46, United States Code Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 46, United States Code. 2. Cruise vessel subchapter Chapter 35 is amended— (1) by inserting before section 3501 the following: I General provisions ; (2) by inserting before section 3507 the following: II Cruise vessels ; and (3) by redesignating sections 3507, 3508, 3509, and 3510 as sections 3523, 3524, 3525, and 3526, respectively. 3. Application Chapter 35, as amended by section 2 of this Act, is further amended by inserting before section 3523 the following: 3521. Application (a) In general This subchapter applies to a vessel that— (1) is authorized to carry at least 250 passengers; (2) has onboard sleeping facilities for each passenger; (3) is on a voyage that embarks or disembarks passengers in the United States; and (4) is not engaged on a coastwise voyage. (b) Federal and State vessels This subchapter does not apply to— (1) a vessel of the United States operated by the Federal Government; or (2) a vessel owned and operated by a State. . 4. Definitions Chapter 35, as amended by sections 2 and 3, is further amended by inserting after section 3521, as added by section 3, the following: 3522. Definitions In this subchapter: (1) Exterior deck The term exterior deck (2) Key terms The term key terms (3) Owner The term owner (4) Passage contract The term passage contract (5) Passenger Notwithstanding section 2101 of this title, the term passenger (6) Passenger vessel The term passenger vessel (7) Physician The term physician (A) has at least 3 years of post-graduate, post-registration experience in general and emergency medicine; or (B) is board certified in emergency medicine, family medicine, or internal medicine. (8) Qualified medical staff member The term qualified medical staff member . 5. Passenger vessel consumer service improvements (a) In general Chapter 35, as amended by this Act, is further amended by adding at the end the following: 3527. Passenger vessel consumer service improvements (a) Passage contracts (1) In general Not later than 1 year after the date of enactment of the Cruise Passenger Protection Act of 2022 (2) Statute of limitations The statute of limitations for filing a lawsuit against the owner of a passenger vessel, which shall not be shorter than 3 years, shall be clearly identified in the passage contract described in paragraph (1). (3) Recommendations The standards developed under paragraph (1) shall include recommendations regarding— (A) style, formatting, and placement that ensures that the summary is conspicuous; and (B) terminology that ensures that the summary is— (i) clear, unambiguous, and unmistakable; and (ii) to the greatest extent possible, uniform, concise, and not complex. (4) Periodic review The Secretary of Transportation shall periodically review and update, as appropriate, the standards developed under paragraph (1). (5) Requirements Beginning on the date that is 180 days after the date on which the standards are developed under paragraph (1), an owner of a passenger vessel shall— (A) provide each prospective passenger with a summary in accordance with those standards; (B) include a prominently accessible link to the summary on each Internet website that the owner maintains for prospective passengers to purchase or book passage on the passenger vessel; and (C) include the summary in any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting passengers for ocean voyages anywhere in the world, that the Secretary of Transportation considers necessary to adequately notify a prospective passenger of the key terms in the passage contract before such terms are binding. (6) Preemption The standards developed under paragraph (1) shall preempt any related State standards that require a summary that provides less information to a prospective passenger than the information required to be provided under this subsection, as determined by the Secretary of Transportation. (b) Consumer complaints (1) Toll-free hotline; Internet website link The Secretary of Transportation shall— (A) establish a consumer complaints toll-free hotline telephone number for passenger use; (B) establish a consumer complaints link for passenger use on the Internet website maintained under section 3528(i); and (C) notify the public of— (i) the telephone number established under subparagraph (A); and (ii) the Internet website maintained under section 3528(i). (2) Website The Secretary of Transportation shall— (A) maintain a statistical compilation of all consumer complaints on the Internet website under section 3528(i) that provides a numerical accounting of each category of consumer complaint; (B) update the data referred to in subparagraph (A) not less frequently than quarterly; (C) aggregate such data by passenger vessel; and (D) identify each passenger vessel by name. (3) Investigations of consumer complaints The Secretary of Transportation, in coordination with other relevant Federal agencies, may investigate consumer complaints from passengers, including— (A) cancellations, delays, and port skipping; (B) lost, damaged, and delayed baggage; (C) conditions on board the passenger vessel; (D) problems in obtaining refunds for unused or lost tickets or fare adjustments; (E) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases; (F) deceptive or misleading advertising; and (G) compliance with Federal regulations. (4) Referral to federal or state agency The Secretary of Transportation may refer any complaint received under this subsection to the Attorney General or a relevant Federal or State agency for action, as appropriate. (5) Notice to passengers (A) Internet websites Each owner of a passenger vessel shall include, in a conspicuous location on each Internet website that the owner of a passenger vessel maintains for passengers to purchase or book passage on a passenger vessel— (i) the telephone number established under paragraph (1)(A); and (ii) any other information necessary for a passenger to submit a consumer complaint for resolution. (B) Boarding documentation The owner of a passenger vessel shall include the telephone number and Internet address of the link for consumer complaints established under paragraph (1) on— (i) any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting passengers for ocean voyages on passenger vessels, that the Secretary of Transportation considers necessary to adequately notify a prospective passenger of the telephone number and Internet address; and (ii) any electronic confirmation of the purchase of passage on a passenger vessel. (c) Penalties (1) Civil penalty The Secretary of Transportation may impose on any person that violates this section or a regulation under this section a civil penalty of not more than $25,000 for each day during which the violation continues, except that the maximum penalty for a continuing violation shall be $175,000. (2) Criminal penalty Any person that willfully violates this section or a regulation under this section shall be fined not more than $250,000 or imprisoned not more than 1 year, or both. (d) Rulemaking The Secretary of Transportation shall issue such regulations as are necessary to implement this section. . (b) Bill of rights (1) Enforceability Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation shall determine whether any of the enumerated rights in the international cruise line passenger bill of rights, which was adopted in 2013 by the members of the Cruise Lines International Association, are enforceable under Federal law. (2) Required statement The Secretary of Transportation shall include in the standards developed under section 3527(a) of title 46, United States Code, a statement informing a prospective passenger— (A) which rights referred to in paragraph (1) are legally enforceable; (B) that the passenger has a private right of action to enforce such rights; and (C) of any legal action that a prospective passenger may take to enforce such rights. (c) Advisory Committee for Passenger Vessel Consumer Protection (1) In general The Secretary of Transportation shall establish an advisory committee for passenger vessel consumer protection (referred to in this subsection as the advisory committee (2) Membership The Secretary of Transportation shall appoint the members of the advisory committee, which shall be comprised of 1 representative each of— (A) owners of passenger vessels; (B) international industry-related associations; (C) State or local governments with expertise in consumer protection matters; (D) nonprofit public interest groups with expertise in consumer protection matters; (E) nonprofit public interest groups with expertise in victim assistance; and (F) relevant Federal agencies, as determined by the Secretary of Transportation. (3) Vacancies A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made. (4) Travel expenses Members of the advisory committee shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 (5) Chair The Secretary of Transportation shall designate, from among the individuals appointed under paragraph (2), an individual to serve as chair of the advisory committee. (6) Duties The advisory committee shall— (A) evaluate existing passenger vessel consumer protection programs or services; (B) recommend improvements to the programs or services under subparagraph (A), as necessary; (C) recommend additional passenger vessel consumer protection programs or services, as necessary; and (D) recommend to the Secretary of Transportation which key terms in a passage contract should be highlighted before such terms are binding, such as— (i) products and services available on board the passenger vessel for an undisclosed cost or fee or that otherwise are not included in the price of passage; (ii) the country under which the passenger vessel is registered or flagged; (iii) if the passenger vessel leaves the admiralty and maritime jurisdiction of the United States, a passenger may be subject to the law of a foreign country; (iv) the passenger vessel may not accept responsibility for any health care services provided to a passenger by medical staff on board the passenger vessel; (v) the maximum amount an owner of a passenger vessel will reimburse a passenger for lost or stolen property while on board the passenger vessel; and (vi) where to file a notice of claim or initiate any legal action against the owner of the passenger vessel. (7) Report to Congress Not later than February 1 of each of the first 2 calendar years beginning after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report that contains— (A) the recommendations made by the advisory committee during the preceding calendar year; (B) an explanation of whether and how the industry has implemented each recommendation; and (C) for each recommendation not implemented, the industry’s reason for not implementing the recommendation. (8) Definition of passenger vessel In this subsection, the term passenger vessel 6. Crime reporting and public notice (a) Availability of log book and entries to FBI and other investigators Section 3523(g)(1), as redesignated under section 2, is amended— (1) in subparagraph (A), by striking in a centralized location readily accessible to law enforcement personnel, (2) in subparagraph (B), by striking make such log book available make available the log book described in subparagraph (A), the Captain’s log, the security log, the engine room log, all other logs, and all entries of the log books or logs described in this subparagraph, without regard as to whether the log book, logs, or entries are maintained on board the vessel or at a centralized location off the vessel, (b) Deadline To notify Federal Bureau of Investigation regarding certain incidents Section 3523(g)(3)(A)(i), as redesignated under section 2, is amended— (1) by striking shall contact subject to subparagraph (C), shall contact (2) by striking after the occurrence on board the vessel of an incident involving , but not later than 4 hours, after an employee of the vessel is notified of an incident on board the vessel allegedly involving (c) Crime reporting guidelines Section 3523(g)(1)(A), as redesignated under section 2 and amended by subsection (a), is further amended— (1) in clause (i), by striking the comma at the end and inserting a semicolon; (2) in clause (ii), by striking , and (3) in clause (iii), by striking the comma at the end and inserting ; and (4) by inserting after clause (iii) the following: (iv) any other criminal offenses reported to the Federal Bureau of Investigation through the Uniform Crime Reporting Program, . (d) Reports before departure Section 3523(g)(3), as redesignated under section 2, is amended by adding at the end the following: (C) Reports before departure If an employee of a vessel to which this subchapter applies is notified of an incident under subparagraph (A)(i) while the vessel is within the admiralty and maritime jurisdiction of the United States and en route to a United States port or at a United States port, the owner of the vessel (or the owner's designee) shall contact the nearest Federal Bureau of Investigation Field Office or Legal Attaché not later than the time specified under subparagraph (A)(i) or before the vessel departs port, whichever is earlier. . (e) Reports to United States consulates Section 3523(g)(3), as amended by subsection (d), is further amended by adding at the end the following: (D) Reports to United States consulates If an incident described in subparagraph (A)(i) allegedly involves an offense by or against a United States national, in addition to contacting the nearest Federal Bureau of Investigation Field Office or Legal Attaché under that subparagraph, the owner of a vessel to which this subchapter applies (or the owner's designee) shall contact the United States consulate at the next port of call as soon as possible, but not later than 4 hours after arrival at the port. . (f) Reports to Secretary of Transportation; incidents and details Section 3523(g)(3)(A), as amended by subsection (b), is further amended— (1) in clause (ii), by striking to the Internet website maintained by the Secretary of Transportation under paragraph (4)(A) , including the details under paragraph (2), to the Internet website maintained by the Secretary of Transportation under section 3528(i) (2) in clause (iii), by striking under paragraph (4)(A) under section 3528(i) (g) Availability of security guide via Internet Section 3523(c)(1), as redesignated under section 2 of this Act, is amended— (1) in subparagraph (A)— (A) by striking a guide (referred to in this subsection as the security guide a security guide (B) by striking English, which English, that (2) in subparagraph (C), by striking on the website of the vessel owner through a prominently accessible link on each Internet website that the vessel owner maintains for passengers to purchase or book passage on a passenger vessel (h) Reporting requirements Section 3523, as redesignated under section 2 of this Act, is further amended— (1) by striking subsections (k) and (l); (2) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (3) by inserting after subsection (h) the following: (i) Reporting requirements (1) Provision to State fusion centers (A) In general Any records (including electronic records), information, or written documentation provided to any source under subsection (g) shall also be provided to the State fusion center (as described in section 210A of the Homeland Security Act of 2002 ( 6 U.S.C. 124h (B) Applicable port For purposes of this paragraph, the applicable port shall be the port from which a vessel originally embarks or the port at which the vessel disembarks, whichever port is nearest when the alleged incident occurs. . 7. Crime prevention, documentation, and response requirements (a) Maintenance and placement of video surveillance equipment Section 3523(b)(1)(B), as redesignated under section 2 of this Act, is amended— (1) in subclause (II) of clause (ii), by striking to the maximum extent practicable (2) by redesignating subclause (IV) of clause (ii) as clause (iii), and adjusting the margins appropriately; (3) by inserting after subclause (III) of clause (ii) the following: (IV) incorporate the feedback and suggestions from the results of the independent third party risk assessment to provide optimum surveillance that complies with the guidance from the Commandant. ; and (4) in clause (iii), as redesignated by paragraph (2), by striking the independent party referred to in paragraph (C) Independent third party (b) Access to video records Section 3523(b)(3)(B), as redesignated under section 2 of this Act, is further amended— (1) in the matter preceding clause (i), by striking Except as proscribed by law enforcement authorities or court order, the The (2) in clause (ii), by striking of any sexual assault incident (c) Notice of video surveillance Section 3523(b)(2), as redesignated under section 2 of this Act, is further amended by striking this section applies this subchapter applies (d) Retention requirements Section 3523(b)(4), as redesignated under section 2 of this Act, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins appropriately; (2) by striking The owner of a vessel to which this section applies (A) In general The owner of a vessel to which this subchapter applies ; (3) by striking 20 days after the footage is obtained 1 year after completion of the voyage (4) in clause (ii) of subparagraph (A), as redesignated by this subsection, by striking 4 years 5 years (5) by adding at the end the following: (B) Interim standards Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2022 (C) Final standards Not later than 1 year after the date of enactment of the Cruise Passenger Protection Act of 2022 (D) Considerations In promulgating standards under subparagraphs (B) and (C), the Commandant shall— (i) consider factors that would aid in the investigation of serious crimes, including crimes that go unreported until after the completion of a voyage; (ii) consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built; (iii) consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and (iv) consider technological advancements, including requirements to update technology. . (e) Technology detecting passengers who have fallen overboard requirement Section 3523(a)(1)(D), as redesignated under section 2 of this Act, is amended— (1) by striking or detecting and detecting (2) by striking is available is available, as determined by the International Maritime Organization (f) Sea Marshals requirement Section 3523(f), as redesignated under section 2 of this Act, is amended— (1) by redesignating subparagraphs (A) and (B) of paragraph (1) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; and (3) by striking (f) The owner (f) Crew requirements (1) Sea marshals The owner of a vessel to which this section applies shall ensure that the vessel is staffed at all times with an appropriate number, based on the vessel size and the number of passengers, of sea marshals who have been certified by, and are operating under the jurisdiction of, the Coast Guard. (2) Crew access to passenger staterooms The owner . (g) Authority To provide assistance to victims of crimes on board passenger vessels Chapter 35, as amended by this Act, is further amended by adding at the end the following: 3528. Assistance to victims of crimes on board certain passenger vessels (a) Purpose The purpose of this section is to provide to a passenger who is an alleged victim of an incident described in section 3523(g)(3)(A)(i)— (1) a written summary of rights described in subsection (e); (2) a primary point of contact within the Federal Government; and (3) a means of obtaining immediate, free, and confidential support services. (b) Director of victim support services (1) Interim designation The Secretary of Transportation shall designate an interim director of victim support services. The interim director shall be an employee of the Department of Transportation and shall serve in the position until a final designation is made under paragraph (2). (2) Final designation Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2022 (A) designate an employee of the Federal Government to serve as the director of victim support services under this section; and (B) determine an effective way to publicize the toll-free telephone number under subsection (c) and the availability of support services. (3) Responsibilities The director of victim support services shall— (A) be responsible for acting as a primary point of contact within the Federal Government for any passenger described in subsection (a); (B) coordinate with one or more nonprofit organizations or other entities that can provide the types of support services described in subsection (d); (C) establish a process for a passenger described in subsection (a) to obtain the appropriate types of support services described in subsection (d); (D) recommend a process for a passenger described in subsection (a) to obtain an appropriate continuum of care; (E) recommend a process for a passenger described in subsection (a) to obtain information on the status of any related criminal investigation; (F) develop guidance, consistent with the purpose of this section, for the security guide under section 3523(c)(1), including a process to ensure that an owner of a passenger vessel provides a copy of the security guide to a passenger immediately after the vessel is notified that the passenger is an alleged victim of an incident described in subsection (g)(3)(A)(i); (G) periodically update that guidance, as necessary; and (H) be the primary liaison between a passenger described in subsection (a) and— (i) the owner of the passenger vessel; (ii) any relevant Federal agency; (iii) any relevant United States embassy or United States consulate; and (iv) any other person that the director of victim support services considers necessary to carry out the purpose of this section. (c) Toll-Free telephone number The Secretary of Transportation shall establish a toll-free telephone number, available 24 hours each day, that a passenger described in subsection (a) can call to initiate the process under subsection (b)(3)(C). (d) Support services The director of victim support services shall determine the types of support services that a passenger described in subsection (a) can obtain, such as— (1) directions on how to report an incident described in section 3523(g)(3)(A)(i) to appropriate authorities; (2) an explanation of, or assistance completing, necessary forms to report an incident described in section 3523(g)(3)(A)(i); (3) an explanation of how, or assistance to, obtain support services under this section; (4) arranging, if appropriate, for mental health and counseling services; (5) arranging, if possible, for education regarding and advocacy during applicable criminal justice proceedings; and (6) communicating with that passenger as to the roles of the organization or entities described in subsection (b)(3)(B), government agencies, and the owner of the passenger vessel involved with respect to the incident and the post-incident activities. (e) Summary of rights Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2022 (1) determine what rights a passenger described in subsection (a) may have under law, such as the right to contact the Federal Bureau of Investigation to report the crime, the right to contact the director of victim support services, and the right to speak confidentially to Federal law enforcement, the director of victim support services, and any other third-party victim advocate without any representative or employee of the passenger vessel present; (2) develop a written summary of those rights; and (3) establish a process for a passenger described in subsection (a) to receive the written summary of rights as soon as practicable after an alleged incident described under section 3523(g)(3)(A)(i). (f) Guardians and relatives If a passenger described in subsection (a) is deceased or is a minor, or under such other circumstances that the director of victim support services considers necessary, the director may provide support services under this section to a guardian or relative of that passenger. (g) Use of passenger vessel resources As appropriate, the resources of the passenger vessel shall be used to the greatest extent possible to carry out the purpose of this section. (h) Statutory construction Nothing in this section may be construed as limiting the obligations that an owner of a passenger vessel may have in providing assistance to a passenger who is an alleged victim of an incident described under section 3523(g)(3)(A)(i). (i) Availability of incident data via Internet (1) In general The Secretary of Transportation shall maintain a statistical compilation of all incidents described in section 3523(g)(3)(A) on an Internet website that provides a numerical accounting of the missing persons and alleged crimes duly recorded in each report filed under section 3523(g)(3). Each incident described in section 3523(g)(3)(A) shall be included in the statistical compilation irrespective of its investigative status. (2) Updates The Secretary of Transportation shall ensure that the data described in paragraph (1)— (A) is updated not less frequently than quarterly; (B) is aggregated by cruise line; (C) identifies each cruise line by name; (D) identifies each crime and alleged crime as to whether it was committed or allegedly committed by a passenger or a crew member; (E) identifies each crime and alleged crime as to whether it was committed or allegedly committed against a minor; (F) identifies the number of alleged individuals overboard; and (G) is compiled on the Internet website in a user-friendly format. (3) Access to website Each owner of a passenger vessel shall include a prominently accessible link to the Internet website maintained by the Secretary of Transportation under paragraph (1) on each Internet website that the owner maintains for prospective passengers to purchase or book passage on the passenger vessel. (j) Regulations The Secretary of Transportation shall issue such regulations as are necessary to implement this section. . (h) Study Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Secretary of the department in which the Coast Guard is operating, the Attorney General, and heads of other relevant Federal agencies, shall— (1) conduct a study to determine the feasibility of having an individual on board each passenger vessel (as defined in section 3522 of title 46, United States Code) to provide victim support services, including the support services under section 3528(d) of title 46, United States Code, and related safety and security services, which includes consideration of the cost, the benefit to passengers, jurisdiction, and logistics; and (2) report the findings of the study conducted under paragraph (1) to Congress. (i) Criminal activity prevention and response guide Section 3523(c)(1), as amended by section 6(g) of this Act, is further amended— (1) in subparagraph (A)— (A) by redesignating clause (ii) as clause (vi); (B) by inserting after clause (i) the following: (ii) describes the availability of support services under section 3528, including any contact information provided by the Secretary of Transportation or director of victim support services under that section; (iii) includes the summary of rights under section 3528(e); (iv) includes the summary under section 3527(a); (v) includes the toll-free hotline telephone number and consumer complaints Internet website link under section 3527(b); ; (C) in clause (vi), as redesignated, by inserting and (D) by adding at the end the following: (vii) includes such other information as the Secretary of Transportation recommends under section 3528(b)(3)(F); ; (2) by amending subparagraph (B) to read as follows: (B) provide a copy of the security guide to— (i) the Secretary of Transportation for review; and (ii) the Federal Bureau of Investigation for comment; and ; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B) the following: (C) immediately after the vessel is notified that a passenger is an alleged victim of an incident described under subsection (g)(3)(A)— (i) provide the passenger with a copy of the security guide; and (ii) inform the passenger that the passenger has the right to notify the Federal Bureau of Investigation that the passenger has been a victim of a crime on a passenger vessel; and . (j) Maintenance of supplies To prevent sexually transmitted diseases Section 3523(d)(1), as redesignated by section 2 of this Act, is amended by inserting (taking into consideration the length of the voyage and the number of passengers and crewmembers that the vessel can accommodate) a sexual assault (k) Sexual assault; contact information Section 3523(d)(5)(A), as redesignated by section 2 of this Act, is amended by striking the United States Coast Guard, (l) Sexual assault; private telephone line Section 3523(d)(5)(B), as redesignated by section 2 of this Act, is amended by inserting under section 3528 or the information and support services available (m) Crime scene preservation training; certification of organizations by MARAD Section 3524(a), as redesignated by section 2 of this Act, is amended by striking may certify shall certify (n) Crew access to passenger staterooms; procedures and restrictions Section 3523(f)(2), as redesignated and amended by section 2 of this Act and subsection (f) of this section, is amended— (1) in subparagraph (A)— (A) in clause (i), by striking and (B) by inserting after clause (ii) the following: (iii) a system that electronically records the date, time, and identity of each crew member accessing each passenger stateroom; and ; and (2) by striking subparagraph (B) and inserting the following: (B) ensure that the procedures and restrictions are— (i) fully and properly implemented; (ii) reviewed annually; and (iii) updated as necessary. . (o) Requirements for reporting Subsection (i) of section 3523, as added by section 6(h), is further amended by adding at the end the following: (2) Applicability of requirements Any reporting requirement under this section relating to an incident specified in paragraph (3)(A)(i) is required without regard as to whether the Federal Bureau of Investigation has opened a formal investigation relating to the incident. . 8. Passenger vessel security and safety requirements (a) Vessel design, equipment, construction, and retrofitting requirements Section 3523(a), as redesignated by section 2 of this Act, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking to which this subsection applies to which this subchapter applies (B) in subparagraph (A)— (i) by striking The vessel Each exterior deck of a vessel (ii) by inserting unless the height requirement would interfere with the deployment of a lifesaving device or other emergency equipment as identified by the Commandant (C) in subparagraph (B), by striking entry doors that include peep holes or other means of visual identification. an entry door that includes a peep hole or other means of visual identification that provides an unobstructed view of the area outside the stateroom or crew cabin. For purposes of this subparagraph, the addition of an optional privacy cover on the interior side of the entry shall not in and of itself constitute an obstruction. (D) in subparagraph (E), by striking when operating in high risk areas (as defined by the United States Coast Guard) (2) by adding at the end the following: (3) Waivers; record of waivers The Secretary— (A) may waive a requirement under paragraph (1) as the Secretary determines necessary; (B) shall maintain a record of each waiver under subparagraph (A); and (C) shall include in such record the justification for the waiver. . (b) Medical standards (1) Medical standards Section 3525, as redesignated by section 2 of this Act, is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by inserting after paragraph (1) the following: (2) there are a sufficient number of qualified medical staff members on the vessel to treat the number of passengers who may be on board the vessel, as determined by the Secretary, by regulation; ; (C) in paragraph (3), as redesignated by subparagraph (A), by striking ; and or any successor standard; (D) in paragraph (4), as redesignated by subparagraph (A)— (i) in subparagraph (A), by striking and (ii) in subparagraph (B), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (C) the location and proper use of automated external defibrillators; and (D) the proper way to report an incident or to seek security assistance in the event of a medical emergency; ; and (E) by adding at the end the following: (4) if a United States citizen dies on board the vessel and the citizen’s next of kin requests that the citizen’s body return to the United States on the vessel, such request is granted; (5) every crew member on the vessel has received basic life support training and is certified in cardiopulmonary resuscitation; and (6) every crew member on a vessel leaving from or en route to a United States port of call has a basic understanding of the English language. . (2) Effective date The amendments made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act. 9. Enforcement (a) Penalties for violation of passenger vessel security and safety requirements Section 3523(h)(1)(A), as redesignated by section 2 of this Act, is amended by striking $50,000 $175,000 (b) Information sharing Chapter 35, as amended by this Act, is further amended by adding at the end the following: 3529. Information sharing (a) In general To the extent not prohibited by other law, the head of a designated agency shall make available to another head of a designated agency any information necessary to carry out the provisions of this subchapter. The provision by the head of a designated agency of any information under this section to another head of a designated agency shall not constitute a waiver of, or otherwise effect, any privilege any agency or person may claim with respect to that information under Federal or State law. (b) Definition of head of a designated agency In this section, the term head of a designated agency . (c) Enforcement Chapter 35, as amended by this Act, is further amended by adding at the end the following: 3530. Refusal of clearance; denial of entry (a) Clearance The Secretary of Homeland Security may withhold or revoke the clearance required under section 60105 of any vessel of the owner of a vessel to which this subchapter applies, wherever the vessel is found, if the owner of the vessel— (1) commits an act or omission for which a penalty may be imposed under this subchapter; or (2) fails to pay a penalty imposed on the owner under this subchapter. (b) Denial of entry The Secretary of the department in which the Coast Guard is operating may deny entry into the United States to a vessel to which this subchapter applies if the owner of the vessel— (1) commits an act or omission for which a penalty may be imposed under this subchapter; or (2) fails to pay a penalty imposed on the owner under this subchapter. . 10. Technical and conforming amendments (a) Application Chapter 35, as amended by this Act, is further amended— (1) in section 3523, by striking to which this section applies to which this subchapter applies (2) in section 3524, by striking to which this section applies to which this subchapter applies (3) in section 3525, by striking to which section 3507 applies to which this subchapter applies (4) in section 3526— (A) by striking to which section 3507 applies to which this subchapter applies (B) by striking (a) Automated external defibrillators (C) by striking subsection (b). (b) Availability of incident data via Internet Section 3523(g), as redesignated under section 2 of this Act, is amended by striking paragraph (4). (c) Reporting requirements Section 8440(c)(2) of the William M. (Mac) Thornberry National Defense Authorization Act of 2021 is amended by striking 3507 of title 46, United States Code 3523 of title 46, United States Code (designated as section 3507 of such title before the date of enactment of the Cruise Passenger Protection Act of 2022 (d) Table of contents The table of contents for chapter 35 is amended— (1) by inserting before the item relating to section 3501 the following: Subchapter I–General provisions ; (2) by striking the items relating to sections 3507, 3508, 3509, and 3510 and inserting the following: 3523. Passenger vessel security and safety requirements. 3524. Crime scene preservation training for passenger vessel crewmembers. 3525. Medical standards. 3526. Additional medical and safety standards. ; (3) by inserting after the item relating to section 3506 the following: Subchapter II–Cruise vessels ; (4) by inserting before the item relating to section 3523 the following: 3521. Application. 3522. Definitions. ; and (5) by adding at the end the following: 3527. Passenger vessel consumer service improvements. 3528. Assistance to victims of crimes on board certain passenger vessels. 3529. Information sharing. 3530. Refusal of clearance; denial of entry. . 11. Limitations in certain cases (a) In general Section 30307 is amended— (1) in the section heading, by striking Commercial aviation accidents Limitations in certain cases (2) by striking subsection (a) and inserting the following: (a) Definitions In this section, the following definitions apply: (1) Cruise ship The term cruise ship (A) is authorized to carry at least 250 passengers; (B) has onboard sleeping facilities for each passenger; (C) is on a voyage that embarks or disembarks passengers in the United States; and (D) is not engaged on a coastwise voyage. (2) Nonpecuniary damages The term nonpecuniary damages ; (3) in subsection (b), by inserting , or cruise ship voyage, commercial aviation accident (4) in subsection (c), by inserting , or cruise ship voyage, commercial aviation accident (b) Clerical amendment The table of sections for chapter 303 is amended by striking the item relating to section 30307 and inserting the following: 30307. Limitations in certain cases. .

Cruise Passenger Protection Act of 2022

Consumer Transaction Account Protection Act of 2022 This bill specifies that consumer transaction account deposits of an insured depository institution are not funds obtained through a deposit broker. In general, current law prohibits an insured depository institution that is not well capitalized from accepting for deposit funds obtained through a deposit broker.

117 S5345 IS: Consumer Transaction Account Protection Act of 2022 U.S. Senate 2022-12-21 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. 5345 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Moran Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Deposit Insurance Act to provide that the consumer transaction account deposits of an insured depository institution are not considered to be funds obtained by or through a deposit broker, and for other purposes. 1. Short title This Act may be cited as the Consumer Transaction Account Protection Act of 2022 2. Limited exception for consumer transaction account deposits Section 29 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831f (j) Limited exception for consumer transaction account deposits (1) In general Consumer transaction account deposits of an insured depository institution shall not be considered to be funds obtained, directly or indirectly, by or through a deposit broker. (2) Definitions In this subsection: (A) Consumer transaction account deposit The term consumer transaction account deposit (i) that is entirely covered by deposit insurance; (ii) that is opened by an individual; (iii) that is held in the name of the individual; (iv) that is used monthly by the individual to make payments to, and to receive deposits from, third parties; and (v) with respect to which only the individual is recognized by the insured depository institution as being authorized to designate that withdrawals or payments be made from the account. (B) Transaction account The term transaction account 12 U.S.C. 461(b)(1) .

Consumer Transaction Account Protection Act of 2022

Brokered Deposit Affiliate-Subsidiary Modernization Act of 2022 This bill excludes affiliates and subsidiaries of an insured depository institution from certain limitations applicable to brokered deposits. (Brokered deposits are a type of deposit accepted by an institution from a third-party deposit broker for investment purposes. Institutions that accept brokered deposits are subject to additional regulatory requirements, including those related to liquidity.) The bill also expands the definition of an employee of an insured depository institution, thereby exempting these individuals from treatment as a deposit broker. Specifically, the bill includes as an employee (1) an individual who receives compensation in any form from an insured depository institution or from an affiliate or subsidiary, and (2) a registered representative of a broker or dealer that is an affiliate or subsidiary of an insured depository institution.

117 S5346 IS: Brokered Deposit Affiliate-Subsidiary Modernization Act of 2022 U.S. Senate 2022-12-21 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. 5346 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Moran Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Deposit Insurance Act to exclude affiliates and subsidiaries of insured depository institutions from the definition of deposit broker, and for other purposes. 1. Short title This Act may be cited as the Brokered Deposit Affiliate-Subsidiary Modernization Act of 2022 2. Brokered deposits Section 29(g) of the Federal Deposit Insurance Act ( 12 U.S.C. 1831f(g) (1) in paragraph (2)— (A) in subparagraph (A), by inserting or any affiliate or subsidiary of that insured depository institution, an insured depository institution, (B) in subparagraph (B), by inserting or any affiliate or subsidiary of the insured depository institution, an insured depository institution, (2) by striking paragraph (4) and inserting the following: (4) Employee For purposes of this subsection, the term employee (A) means an individual who receives compensation in any form from— (i) an insured depository institution; or (ii) any affiliate or subsidiary of an insured depository institution; and (B) includes a registered representative of a broker or dealer that is an affiliate or subsidiary of an insured depository institution. .

Brokered Deposit Affiliate-Subsidiary Modernization Act of 2022

Asset Growth Restriction Act of 2022 This bill repeals restrictions related to brokered deposits and provides for asset growth restrictions applicable to insured depository institutions. Brokered deposits are deposits made to an insured institution, such as a bank, through a third-party broker for investment purposes. Currently, only well-capitalized banks are allowed to solicit and accept brokered deposits, while institutions that are adequately capitalized may accept if granted a waiver. Undercapitalized banks are prohibited from accepting these deposits. The bill repeals these brokered deposit restrictions and directs the Federal Deposit Insurance Corporation to establish limits on growth of average total assets for less than well-capitalized institutions to maintain their safety and soundness.

117 S5347 IS: Asset Growth Restriction Act of 2022 U.S. Senate 2022-12-21 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. 5347 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Moran Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes. 1. Short title This Act may be cited as the Asset Growth Restriction Act of 2022 2. Findings and purpose (a) Findings Congress finds that— (1) restrictions on the acceptance of brokered deposits were enacted in 1989 in order to prevent the abuse of the deposit insurance system by troubled depository institutions; (2) since the enactment of the restrictions described in paragraph (1), technological and demographic developments have changed the way in which depository institutions seek and source deposits, and, as a result, many deposits that are classified as brokered pose little, if any, risk to the deposit insurance system; and (3) in today’s economy, the greatest risk to the deposit insurance system is asset growth by depository institutions that are less than well capitalized. (b) Purpose The purpose of this Act, and the amendments made by this Act, is to remove the current (as of the date of enactment of this Act) restrictions on brokered deposits and to authorize the Federal Deposit Insurance Corporation to issue regulations that restrict asset growth by depository institutions that are less than well capitalized. 3. Asset growth restriction (a) Asset growth restriction Section 29 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831f (1) in the section heading, by striking Brokered deposits Asset growth restrictions (2) by striking subsections (a) through (i), and inserting the following: (a) Definitions In this section, the terms average critically undercapitalized well capitalized (b) Regulations required Not later than 18 months after the date of enactment of the Asset Growth Restriction Act of 2022 (c) Maximum level of growth As part of the regulations required under subsection (b), the Corporation shall— (1) establish a framework to impose 1 or more maximum levels of growth in average total assets that an insured depository institution that is less than well capitalized may not exceed, and provide appropriate adjustments for growth resulting from corporate restructuring such as acquisitions or mergers; and (2) establish a waiver process to enable the Corporation to waive the maximum level established in paragraph (1) upon application by an insured depository institution that is not critically undercapitalized, based on conditions set by the Corporation. (d) Exemptions and additional restrictions As part of the regulations required under subsection (b), the Corporation may— (1) exempt specified classes of assets from the asset growth restriction if the Corporation, in the discretion of the Corporation, determines that growth in those assets does not present risks to the safety and soundness of an insured depository institution; and (2) impose additional restrictions on insured depository institutions to prevent circumvention or evasion of this section by an insured depository institution resulting from actions taken by the insured depository institution by, or through, affiliates of the insured depository institution. (e) Orders The Corporation may, by order— (1) establish a less restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level will not pose an undue risk to the Deposit Insurance Fund; and (2) establish a more restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level is necessary to protect the Deposit Insurance Fund. (f) Conforming regulations The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022 . (b) Rule of construction An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831f 12 U.S.C. 1831p–1 (c) Technical and conforming amendment Section 274(5) of the Truth in Savings Act ( 12 U.S.C. 4313(5) , as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022 Act

Asset Growth Restriction Act of 2022

Protecting Veteran Community Care Act This bill modifies the community care program for veterans, including to expand access to community mental health care providers.

117 S5348 IS: Protecting Veteran Community Care Act U.S. Senate 2022-12-21 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. 5348 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Daines Ms. Lummis Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to expand access to the Veterans Community Care Program of the Department of Veterans Affairs to include certain veterans seeking mental health or substance-use services and toxic-exposed veterans, and for other purposes. 1. Short title This Act may be cited as the Protecting Veteran Community Care Act 2. Findings Congress finds the following: (1) On June 6, 2018, the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 ( Public Law 115–182 VA MISSION Act (2) Congressional intent with the VA MISSION Act was to reform and replace the program under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 38 U.S.C. 1701 (3) The eligibility standards established by the VA MISSION Act were not meant to be used to limit health care options for veterans or to be applied to community providers, which would result in reduced health care options. (4) Many veterans do not have access to a medical facility of the Department of Veterans Affairs in their community and each medical facility of the Department may not be able to adequately address the specific health care needs of a particular veteran. (5) It was the intent of Congress in the VA MISSION Act that all medical services, including mental health treatments and institutional extended care services for mental health, were to be available to veterans in the community. (6) The Department is limiting access of veterans to community care for mental health treatments. (7) Despite the best efforts of the Department, veteran suicide remains at significant levels throughout the United States. (8) No veteran should have to wait 30 days for mental health services to be approved by the Department. (9) Telehealth appointments represent a valuable complementary health care option for underserved veterans, but do not offer the same quality of care as in-person visits to facilities of the Department or in the community. 3. Expansion of Veterans Community Care Program to include access to mental health or substance-use services for veterans unable to timely access Mental Health Residential Treatment Programs (a) In general Section 1703 of title 38, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (D), by striking ; or (ii) in subparagraph (E), by striking the period at the end and inserting ; or (iii) by adding at the end the following new subparagraph: (F) in the case of residential mental health or substance-use services, the covered veteran— (i) meets the criteria of the Department for priority admission to a Mental Health Residential Rehabilitation Treatment Program of the Department and the Department is unable to accommodate such priority admission; or (ii) has contacted the Department to request such services from a Mental Health Residential Rehabilitation Treatment Program of the Department and the Department is not able to furnish such services in a manner than complies with the access standards of the Department for specialty care provided under this section by a health care provider specified in subsection (c). ; and (B) by adding at the end the following new paragraph (4): (4) In the case of a covered veteran entitled to mental health or substance-use services under paragraph (1)(F), the Secretary shall ensure that referral of a veteran to an alternate Mental Health Residential Rehabilitation Treatment Program of the Department does not take precedence over timely access to such services under this section pursuant to such paragraph unless such referral is requested by the covered veteran. ; (2) by redesignating subsection (o) as subsection (p); and (3) by inserting after subsection (n) the following new subsection (o): (o) Minimum standards for residential mental health or substance-Use services (1) Subject to paragraph (2), in furnishing residential mental health or substance-use services to covered veterans pursuant to subsection (d)(1)(F), the Secretary shall ensure that programs or facilities providing such services under this section meet the following standards: (A) A treatment program or facility must be licensed and accredited by a State for the provision of the services provided. (B) A treatment program must be accredited under either the Joint Commission Behavioral Health Standards or the Behavioral Health Standards manual (residential treatment) of the Commission on Accreditation of Rehabilitation Facilities, or any successor standards or manual. (2) If a program or facility to which a covered veteran is to be referred pursuant to subsection (d)(1)(F) does not meet the standards specified under paragraph (1), the Secretary, acting through the director of the facility of the Department carrying out the referral— (A) shall consider an alternate program or facility; and (B) may waive such standards on an individual basis if no other alternate program or facility is available or such waiver is in the best interest of the veteran. . (b) Modification of access standards Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop or amend existing access standards of the Department of Veterans Affairs to ensure that access to mental health care under the Veterans Community Care Program under section 1703 of title 38, United States Code, as amended by subsection (a), is not more restrictive than the access standards for specialty care under such section. 4. Requirement to provide care under Veterans Community Care Program for toxic-exposed veterans Section 1703(d)(1) of title 38, United States Code, as amended by section 2(a)(1)(A), is further amended— (1) in subparagraph (E), by striking ; or (2) in subparagraph (F), by striking the period at the end and inserting ; or (3) by adding at the end the following new subparagraph: (G) the covered veteran is a toxic-exposed veteran. . 5. Prohibition on certain limitations on access of veterans to care Section 1703(n) of title 38, United States Code, is amended by adding at the end the following new paragraphs: (3) In applying wait times or access standards under this section for purposes of determining eligibility of a covered veteran for care or services under this section, the Secretary may not determine that the veteran is ineligible for such care or services due solely to the fact that health care providers specified in subsection (c) are unable to provide such care or services in compliance with such wait times or access standards. (4) If multiple options are available to a covered veteran for care or services under this section, the Secretary shall permit the veteran to elect the option that the veteran prefers. . 6. Development of community care metrics (a) In general Section 1703(m)(1) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (C) The review submitted under subparagraph (A) shall include, for the year covered by the review, the following: (i) The number of instances of care or services requested. (ii) The number of such requests that were approved. (iii) The number of such requests that were denied. (iv) The number of appeals under subsection (f) of such requests that were denied, including the final decision of such appeal. (v) The eligibility criteria under which each eligible veteran has qualified for care or services under this section. (vi) Data with respect to the following: (I) Requests for care or services relating to mental health. (II) Authorizations for emergency care, including whether transportation for such care was required or whether further care or a hospital stay was required. . (b) Application The amendment made by subsection (a) shall apply to each review conducted under subparagraph (A) of such section after the date of the enactment of this Act. 7. Limitation on modification of community care access standards Any modification on or after the date of the enactment of this Act by the Secretary of Veterans Affairs of the conditions under which care is required to be provided under section 1703(d) of title 38, United States Code, either through a modification of the designated access standards under paragraph (1)(D) of such section, a modification of the criteria developed by the Secretary under paragraph (1)(E) of such section, or otherwise through regulation, shall not take effect until a joint resolution is enacted approving such modification to the conditions under which care is required to be provided under such section.

Protecting Veteran Community Care Act

International Competition for American Jobs Act This bill modifies provisions relating to the taxation of foreign entities. Among other provisions, the bill makes permanent the look-thru rule for controlled foreign corporations (CFCs). (A look-thru rule provides that dividends, interest, rents and royalties that one CFC receives or accrues from a related CFC are not treated as foreign personal holding company income); modifies the tax deduction for foreign-derived intangible income and global intangible low-taxed income; modifies the base erosion minimum tax (10% minimum tax imposed to prevent corporations operating in the United States from avoiding tax liability by shifting profits out of the United States); modifies tax rules allocating certain tax deductions for purposes of the foreign tax credit limitation; restores the limitation on the attribution of stock ownership for purposes of applying constructive ownership rules; and includes specified amounts in the gross income of CFC shareholders.

117 S5349 IS: International Competition for American Jobs Act U.S. Senate 2022-12-21 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. 5349 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Portman Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify certain provisions relating to the taxation of international entities. 1. Short title, etc (a) Short title This Act may be cited as the International Competition for American Jobs Act (b) Amendment of 1986 code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 2. Permanent extension of look-thru rule for controlled foreign corporations (a) In general Section 954(c)(6)(C) and before January 1, 2026, (b) Effective date The amendment made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2022, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. 3. Modification of deduction for foreign-derived intangible income and global intangible low-taxed income (a) In general Section 250(a) (a) Allowance of deduction In the case of a domestic corporation for any taxable year, there shall be allowed as a deduction an amount equal to the sum of— (1) 37.5 percent of the foreign-derived intangible income of such domestic corporation for such taxable year, plus (2) 50 percent of— (A) the global intangible low-taxed income amount (if any) which is included in the gross income of such domestic corporation under section 951A for such taxable year, and (B) the amount treated as a dividend received by such corporation under section 78 which is attributable to the amount described in subparagraph (A). . (b) Deduction taken into account in determining net operating loss deduction Section 172(d) (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 4. Modifications to base erosion minimum tax (a) Base erosion minimum tax amount determined without regard to credits (1) In general Section 59A(b)(1)(B) (B) an amount equal to the regular tax liability (as defined in section 26(b)) of the taxpayer for the taxable year. . (2) Conforming amendment Section 59A(b) (b) Elimination of modifications for taxable years after 2025 (1) In general Section 59A(b) (2) Conforming amendments (A) Section 59A(b)(1) paragraphs (2) and (3) paragraph (2) (B) Paragraph (2) of section 59A(b), as redesignated by paragraph (1), is amended by striking under paragraphs (1)(A) and (2)(A) shall each be increased under paragraph (1)(A) shall be increased (C) Section 59A(e)(1)(C) subsection (b)(3)(B) subsection (b)(2)(B) (c) Expansion and consolidation of rules To exempt certain payments from treatment as base erosion payments (1) In general Section 59A (i) Certain payment not treated as base erosion payments (1) Exception for payments on which tax is imposed (A) In general An amount shall not be treated as a base erosion payment if tax is (or was at the time of payment or accrual) imposed by this chapter with respect to such amount (other than by this section). (B) Treatment of certain deductions For purposes of subparagraph (A), tax shall be treated as imposed by this chapter without regard to any deduction allowed under part VIII of subchapter B. (C) Application of certain rules The amount not treated as a base erosion payment by reason of this paragraph shall be determined under rules similar to the rules of section 163(j)(5) (as in effect before the date of the enactment of Public Law 115–97 (2) Exception for certain payments subject to sufficient foreign tax (A) In general An amount shall not be treated as a base erosion payment if the taxpayer establishes to the satisfaction of the Secretary that such amount was made to a foreign person which is a related party of the taxpayer that is subject to an effective rate of foreign income tax (as defined in section 904(d)(2)(F)) which is not less than 18.9 percent. (B) Certain payments to related parties To the extent provided by the Secretary in regulations, an amount paid to a foreign person which is a related party of the taxpayer shall be treated as paid to another foreign person which is a related party of the taxpayer if such second foreign person is subject to an effective rate of foreign income tax (as defined in section 904(d)(2)(F)) which is less than 18.9 percent, to the extent the amount so paid directly or indirectly funds a payment to such second foreign person. (C) Determination on basis of applicable financial statements Except as otherwise provided by the Secretary under subparagraph (D), the effective rate of foreign income tax with respect to any amount may be established on the basis of applicable financial statements (as defined in section 451(b)(3)). (D) Regulations The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph, including regulations or other guidance providing procedures for determining the effective rate of foreign income tax to which any amount is subject. Such procedures may require that any transaction or series of transactions among multiple parties be recharacterized as one or more transactions directly among any 2 or more of such parties where the Secretary determines that such recharacterization is appropriate to carry out, or prevent avoidance of, the purposes of this section. (3) Exception for certain amounts with respect to services Subsections (d)(1) and (d)(2) shall not apply to so much of any amount paid or accrued by a taxpayer for services as does not exceed the total services cost of such services. The preceding sentence shall not apply unless such services meet the requirements for eligibility for use of the services cost method under section 482 (determined without regard to the requirement that the services not contribute significantly to fundamental risks of business success or failure). . (2) Conforming amendment Section 59A(d) (d) Other modifications (1) Section 59A(b)(3)(B)(ii) registered securities dealer securities dealer registered (2) Section 59A(h)(2)(B) section 6038B(b)(2) section 6038A(b)(2) (3) Section 59A(j)(2), as redesignated by subsection (b), is amended by striking subsection (g)(3) subsection (h)(3) (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 5. Rules for allocation of certain deductions to foreign source global intangible low-taxed income for purposes of foreign tax credit limitation (a) In general Section 904(b) (5) Deductions treated as allocable to foreign source global intangible low-taxed income In the case of a domestic corporation and solely for purposes of the application of subsection (a) with respect to amounts described in subsection (d)(1)(A), the taxpayer’s taxable income from sources without the United States shall be determined— (A) by allocating and apportioning any deduction allowed under section 250(a)(2) (and any deduction allowed under section 164(a)(3) for taxes imposed on amounts described in section 250(a)(2)) to such income, and (B) by allocating and apportioning any other deduction to such income only if the Secretary determines that such deduction is directly allocable to such income. Any deduction which would (but for subparagraph (B)) have been allocated or apportioned to such income shall only be allocated or apportioned to income which is from sources within the United States. . (b) Application of separate limitation losses with respect to global intangible low-Taxed income (1) In general Section 904(f)(5)(B) (B) Allocation of losses Except as otherwise provided in this subparagraph, the separate limitation losses for any taxable year (to the extent such losses do not exceed the separate limitation incomes for such year) shall be allocated among (and operate to reduce) such incomes on a proportionate basis. In the case of a separate limitation loss for any taxable year in any category other than subparagraph (d)(1)(A), the amount of such separate limitation loss shall be allocated among (and operate to reduce) separate limitation income in any category other than income described in subparagraph (d)(1)(A) on a proportionate basis (without regard to income described in subparagraph (d)(1)(A)). The remaining separate limitation losses may reduce separate limitation income described in subparagraph (d)(1)(A) only to the extent that the aggregate amount of such losses exceeds the aggregate amount of separate limitation incomes (other than income described in subparagraph (d)(1)(A)) for such taxable year. . (2) Income category Section 904(f)(5)(E)(i) (i) Income category The term income category . (3) Separate limitation loss Section 904(f)(5)(E)(iii) (iii) Separate limitation loss The term separate limitation loss . (c) Application of carryforward to taxes on global intangible low-Taxed income Section 904(c) (d) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2022. (2) Modification of foreign tax credit carryback and carryforward The amendment made by subsection (c) shall apply to taxes paid or accrued in taxable years beginning after December 31, 2022. 6. Restoration of limitation on downward attribution of stock ownership in applying constructive ownership rules (a) In general Section 958(b) (1) by inserting after paragraph (3) the following: (4) Subparagraphs (A), (B), and (C) of section 318(a)(3) shall not be applied so as to consider a United States person as owning stock which is owned by a person who is not a United States person. , and (2) by striking Paragraph (1) Paragraphs (1) and (4) (b) Foreign controlled United States shareholders Subpart F of part III of subchapter N of chapter 1 951B. Amounts included in gross income of foreign controlled United States shareholders (a) In general In the case of any foreign controlled United States shareholder of a foreign controlled foreign corporation— (1) this subpart (other than sections 951A, 951(b), and 957) shall be applied with respect to such shareholder (separately from, and in addition to, the application of this subpart without regard to this section)— (A) by substituting foreign controlled United States shareholder United States shareholder (B) by substituting foreign controlled foreign corporation controlled foreign corporation (2) section 951A shall be applied with respect to such shareholder— (A) by treating each reference to United States shareholder (B) by treating each reference to controlled foreign corporation (b) Foreign controlled United States shareholder For purposes of this section, the term foreign controlled United States shareholder (1) section 951(b) were applied by substituting more than 50 percent 10 percent or more (2) section 958(b) were applied without regard to paragraph (4) thereof. (c) Foreign controlled foreign corporation For purposes of this section, the term foreign controlled foreign corporation (1) by substituting foreign controlled United States shareholders United States shareholders (2) by substituting section 958(b) (other than paragraph (4) thereof) section 958(b) (d) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance— (1) to treat a foreign controlled United States shareholder or a foreign controlled foreign corporation as a United States shareholder or as a controlled foreign corporation, respectively, for purposes of provisions of this title other than this subpart, and (2) to prevent the avoidance of the purposes of this section. . (c) Clerical amendment The table of sections for subpart F of part III of subchapter N of chapter 1 Sec. 951B. Amounts included in gross income of foreign controlled United States shareholders. . (d) Effective date The amendments made by this section shall apply to— (1) the last taxable year of foreign corporations beginning before January 1, 2023, and each subsequent taxable year of such foreign corporations, and (2) taxable years of United States persons in which or with which such taxable years of foreign corporations end. (e) No inference The amendments made by this section shall not be construed to create any inference with respect to the proper application of any provision of the Internal Revenue Code of 1986 with respect to taxable years beginning before the taxable years to which such amendments apply. 7. Carryover of net CFC tested loss (a) In general Section 951A(c) (3) Carryover of net CFC tested loss (A) In general If the amount described in paragraph (1)(B) with respect to any United States shareholder for any taxable year of such United States shareholder (determined after the application of this paragraph with respect to amounts arising in preceding taxable years) exceeds the amount described in paragraph (1)(A) with respect to such shareholder of such taxable year, the amount otherwise described in paragraph (1)(B) with respect to such shareholder for the succeeding taxable year shall be increased by the amount of such excess. (B) Proper adjustment in allocations of global intangible low-taxed income to controlled foreign corporations Proper adjustments shall be made in the application of subsection (f)(2)(B) to take into account any decrease in global intangible low-taxed income by reason of the application of subparagraph (A). . (b) Application of rules with respect to ownership changes Section 382(d) (4) Application to carryover of net CFC tested loss The term pre-change loss . (c) Effective date The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2022, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end. 8. Redetermination of foreign taxes and related claims (a) In general Section 905(c) (1) in paragraph (1), by striking or (D) the taxpayer makes a timely change in its choice to claim a credit or deduction for taxes paid or accrued, or (E) there is any other change in the amount, or treatment, of taxes, which affects the taxpayer’s tax liability under this chapter, , (2) in paragraph (2)(B)(i), by inserting , except as otherwise provided by the Secretary, shall (3) by striking accrued (b) Modification to time for claiming credit or deduction Section 901(a) Such choice for any taxable year may be made or changed at any time before the expiration of the applicable period prescribed by section 6511 for making a claim for credit or refund of an overpayment of the tax imposed by this chapter for such taxable year that is attributable to such amounts. (c) Modification to special period of limitation Section 6511(d)(3) (1) in subparagraph (A)— (A) by inserting a change in the liability for any taxes paid or accrued (B) by striking actually paid paid (or deemed paid under section 960) (C) by inserting change in the liability for foreign taxes (2) in subparagraph (B), by striking the allowance of a credit for the taxes the allowance of an additional credit by reason of the change in liability for the taxes (d) Effective date (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after December 31, 2022. (2) Certain changes The amendments made by paragraphs (1) and (3) of subsection (a) shall apply to changes that occur on or after the date which is 60 days after the date of the enactment of this Act. (3) Modification to special period of limitation The amendments made by subsection (c) shall apply to taxes paid, accrued, or deemed paid in taxable years beginning after December 31, 2022.

International Competition for American Jobs Act

Transit Ban Act of 2022 This bill bars non-U.S. nationals (aliens under federal law) from receiving asylum if they traveled through at least one other country to arrive at or enter the United States through the U.S.-Mexico border, with certain exceptions, such as if the individual is a victim of a severe form of human trafficking.

117 S5350 IS: Transit Ban Act of 2022 U.S. Senate 2022-12-21 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. 5350 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Lankford Committee on the Judiciary A BILL To enact a transit ban if the order issued under sections 362 and 365 of the Public Health Service Act (42 U.S.C. 265 and 268) is terminated. 1. Short title This Act may be cited as the Transit Ban Act of 2022 2. Eligibility for asylum (a) In general Notwithstanding sections 208, 235, and 240 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (1) the alien demonstrates that he or she— (A) applied for protection from persecution or torture in at least 1 country outside of the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States; and (B) received a final judgment denying the alien protection in such country; (2) the alien demonstrates that he or she is a victim of a severe form of trafficking in persons (3) the only countries through which the alien transited en route to the United States were, at the time of such transit, not parties to— (A) the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)); or (B) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (b) Non-Refoulement obligations If an asylum officer determines that an alien has entered, attempted to enter, or arrived in the United States along its southern land border on or after December 21, 2022, and does not meet the conditions set forth in paragraph (1), (2), or (3) of subsection (a), the asylum officer shall— (1) screen the alien to determine whether the alien has a reasonable fear of persecution under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (2) if the asylum officer determines that such alien does not have a reasonable fear of persecution, enter a negative credible fear determination with respect to the alien’s application for asylum.

Transit Ban Act of 2022

Stopping Unlawful Negative Machine Impacts through National Evaluation Act This bill makes an entity that uses artificial intelligence (AI) to make or inform decisions liable for violations of civil rights laws caused by those decisions in the same manner and to the same extent as if the entity made the decision without using AI. Additionally, the bill establishes a temporary program within the National Institute of Technology and Standards to evaluate AI systems for bias and discrimination on the basis of race, sex, age, and other protected characteristics and assist in mitigating those effects. The program terminates on December 31, 2028.

117 S5351 IS: Stopping Unlawful Negative Machine Impacts through National Evaluation Act U.S. Senate 2022-12-21 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. 5351 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Portman Committee on Commerce, Science, and Transportation A BILL To clarify the applicability of civil rights law to algorithmic decisions, and for other purposes. 1. Short title This Act may be cited as the Stopping Unlawful Negative Machine Impacts through National Evaluation Act 2. Definitions In this Act: (1) Artificial intelligence The term artificial intelligence 10 U.S.C. 2358 (2) Artificial intelligence system The term artificial intelligence system (A) that is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; and (B) for which the artificial intelligence capability is integrated into another system or business process, operational activity, or technology system. (3) Covered civil rights law The term covered civil rights law (A) the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. 29 U.S.C. 621 et seq. 42 U.S.C. 12101 et seq. 29 U.S.C. 791 et seq. 29 U.S.C. 206(d) 42 U.S.C. 2000ff et seq. chapter 43 20 U.S.C. 1681 et seq. 42 U.S.C. 6101 et seq. (B) the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. 52 U.S.C. 10301 et seq. (4) Covered entity The term covered entity (5) Director The term Director 3. Applicability of civil rights laws to decisions made by or augmented by algorithms (a) Purpose The purpose of this section to remove any doubt about the liability described in subsection (b) of a covered entity described in subsection (b). (b) Liability A covered entity that uses artificial intelligence to make or inform a decision that has an impact on a person that is addressed by a covered civil rights law, including whether to provide a program or activity or accommodation to a person, shall be liable for a claim of discrimination under the corresponding covered civil rights law in the same manner and to the same extent (including being liable pursuant to that law’s standard of culpability) as if the covered entity had made such decision without the use of artificial intelligence. 4. Requirement for National Institute of Standards and Technology program of technology evaluations of bias and discrimination in artificial intelligence systems (a) Establishment of technology evaluation program Not later than 1 year after the date of the enactment of this Act, the Director shall establish a program for conducting technology evaluations to assess and assist in mitigating bias and discrimination in artificial intelligence systems of covered entities with respect to race, sex, age, disability, and other classes or characteristics protected by covered civil rights laws. In establishing such program, the Director shall ensure that such evaluations effectively approximate real-world applications of artificial intelligence systems. (b) Priority evaluation areas In carrying out the program required under subsection (a), the Director shall prioritize the conduct of technology evaluations to mitigate bias in— (1) the applications identified as high risk by previous technology evaluations and strategy documents; (2) speech recognition and synthesis; (3) recommendation systems, including for financial and criminal justice applications; (4) sensitive image recognition technology, including facial and gait recognition systems; and (5) any other artificial intelligence use case that poses a high risk for discrimination based on classes or characteristics protected by covered civil rights laws, such as image and video synthesis, text generation, and conversation and information systems. (c) Participation In designing technology evaluations under subsection (a), the Director shall ensure the participation of any industry and nongovernmental experts and entities in the fields of artificial intelligence, machine learning, computer science, social sciences, civil rights, and civil liberties seeking to participate in such evaluations. (d) Authorization of appropriations There is authorized to be appropriated to the Director such sums as may be necessary to carry out this section for each of the fiscal years 2023 through 2028. (e) Sunset The program required under subsection (a) shall terminate on December 31, 2028.

Stopping Unlawful Negative Machine Impacts through National Evaluation Act

Trade with China Strategic Assessment Act of 2022 This bill directs the Department of Commerce to report to Congress on the state of economic integration between the United States and China.

117 S5352 IS: Trade with China Strategic Assessment Act of 2022 U.S. Senate 2022-12-21 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. 5352 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Portman Committee on Finance A BILL To require a report on the state of economic integration between the United States and the People's Republic of China. 1. Short title This Act may be cited as the Trade with China Strategic Assessment Act of 2022 2. Report on economic integration between the United States and the People's Republic of China (a) In general Not later than one year after the date of the enactment of this Act, and every 3 years thereafter for 15 years, the Secretary of Commerce, in coordination with the United States Trade Representative, shall submit to Congress a report on the state of economic integration between the United States and the People's Republic of China. (b) Contents Each report required by subsection (a) shall include the following: (1) An assessment of the current level of economic integration between the United States and the People's Republic of China in each priority sector. (2) An assessment of how economic integration between the United States and the People's Republic of China has changed, and is predicted to change, over time for each priority sector. (3) An analysis of the extent to which each priority sector of the United States and the People's Republic of China should, in the view of the Secretary, become more or less integrated during the 5-year period following submission of the report. (4) Any recommendations for changes to United States trade law or policy to achieve the desired level of integration for each priority sector identified under paragraph (3). (5) Any other information the Secretary considers appropriate. (c) Consultation and public hearings In producing each report required by subsection (a), the Secretary may— (1) consult with any other Federal agency that the Secretary considers necessary; and (2) conduct public hearings to gather, or otherwise allow interested parties an opportunity to present, information and advice relevant to the report. (d) Form of report Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (e) Applicability of FOIA Nothing in this section, or in a report required by subsection (a), shall be construed to allow the disclosure of information or a record that is exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (f) Applicability of Paperwork Reduction Act Subchapter I of chapter 35 Paperwork Reduction Act (g) Priority sector defined In this section, the term priority sector (1) Electronic consumer goods. (2) Non-electronic consumer goods. (3) Energy. (4) Apparel and textiles. (5) Artificial intelligence. (6) Information and communication technology, including fifth or future generation technology. (7) Quantum computing. (8) Automobiles and trucks and parts for automobiles and trucks. (9) Ships and maritime transportation. (10) Trains and railroad products. (11) Aircraft and aircraft parts. (12) Space systems. (13) Semiconductors. (14) Financial services. (15) Non-financial services. (16) Agricultural products. (17) Pharmaceuticals and medical devices.

Trade with China Strategic Assessment Act of 2022

Refugee Protection Act of 2022 This bill modifies provisions related to asylum seekers and addresses related issues. For example, the bill (1) eliminates the statutory time limit for applying for asylum (currently one year after arriving in the United States), (2) establishes stateless protected status for individuals who are not considered a national by any country under that country’s law, and (3) requires the goal for refugee admissions for any given fiscal year to be no fewer than 125,000.

111 S5353 IS: Refugee Protection Act of 2022 U.S. Senate 2022-12-21 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. 5353 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Leahy Committee on the Judiciary A BILL To provide for the admission and protection of refugees, asylum seekers, and other vulnerable individuals, to provide for the processing of refugees and asylum seekers in the Western Hemisphere, and to modify certain special immigrant visa programs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Refugee Protection 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; sense of Congress. Sec. 3. Definitions. TITLE I—Admission and protection of refugees, asylum seekers, and other vulnerable individuals Subtitle A—Refugees and asylum seekers Sec. 1101. Modification of definition of refugee. Sec. 1102. Multiple forms of relief available to refugees and asylum seekers. Sec. 1103. Elimination of time limits on asylum applications. Sec. 1104. Safe third country exception. Sec. 1105. Consideration of asylum claims. Sec. 1106. Transparency in refugee determinations. Sec. 1107. Authority to designate certain groups of refugees from countries of particular concern and admission of refugees in emergency situations. Sec. 1108. Employment authorization for asylum seekers and other individuals. Sec. 1109. Admission of refugees and asylees as lawful permanent residents. Sec. 1110. Complementary protection. Sec. 1111. Internal relocation. Sec. 1112. Firm resettlement. Subtitle B—Protections for children and families Sec. 1201. Keeping families together. Sec. 1202. Protections for minors seeking asylum. Sec. 1203. Fair day in court for kids. Subtitle C—Protections for other vulnerable individuals Chapter 1—Stateless protection Sec. 1311. Protection of stateless persons in the United States. Sec. 1312. Prevention of statelessness. Chapter 2—Other individuals Sec. 1321. Protecting victims of terrorism from being defined as terrorists. Sec. 1322. Protection for aliens interdicted at sea. Sec. 1323. Enhanced protection for individuals seeking U visas, T visas, and protection under VAWA. Subtitle D—Protections relating to removal, detention, and prosecution Sec. 1401. Prevention of erroneous in absentia orders of removal. Sec. 1402. Scope and standard for review of removal orders. Sec. 1403. Presumption of liberty for asylum seekers. Sec. 1404. Procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority. Sec. 1405. Inspections by immigration officers. Sec. 1406. Study on effect on asylum claims of expedited removal provisions, practices, and procedures. Sec. 1407. Alignment with Refugee Convention obligations by prohibiting criminal prosecution of refugees. Subtitle E—Refugee resettlement Sec. 1501. Sense of Congress on coordination of refugee program agencies. Chapter 1—Refugee Admissions Sec. 1511. Numerical goals for annual refugee admissions. Sec. 1512. Reform of refugee admissions consultation process. Sec. 1513. United States emergency refugee resettlement contingency fund. Sec. 1514. Complementary pathways. Chapter 2—Resettlement program and support Sec. 1521. Elevation of Office of Refugee Resettlement. Sec. 1522. Refugee resettlement; radius requirements. Sec. 1523. Study and report on contributions by refugees to the United States. Sec. 1524. Update of reception and placement grants. Sec. 1525. Subsidy reception and placement grant to support unanticipated economic and public health needs. Sec. 1526. Resettlement data. Sec. 1527. Refugee assistance. Sec. 1528. Stabilizing resettlement site capacity for volunteer coordination, housing coordination, and AOR processing. Sec. 1529. Community partnerships, civic engagement, and refugee leadership development. Chapter 3—Access to services and benefits Sec. 1531. Extension of eligibility period for Social Security benefits for certain refugees. Sec. 1532. In-State tuition rates for refugees, asylees, and certain special immigrants. Chapter 4—Training, orientation, and inclusion Sec. 1541. Pre-departure training for approved refugee applicants. Sec. 1542. Domestic refugee resettlement programs on digital and financial literacy; housing and transportation access. Sec. 1543. Study and report on digital literacy, equity, and inclusion among refugees in the United States. Chapter 5—Domestic Refugee Resettlement Reform and Modernization Act Sec. 1551. Short title. Sec. 1552. Definitions. Sec. 1553. Assessment of refugee domestic resettlement programs. Sec. 1554. Guidance regarding refugee placement decisions. Chapter 6—Overseas processing and preparation Sec. 1561. Refugee biometric data and reporting. Sec. 1562. Prioritization of family reunification in refugee resettlement process. Sec. 1563. Priority 3 family reunification cases. Sec. 1564. Creating a Roving Resettlement Support Center. Subtitle F—Authorization of appropriations Sec. 1601. Authorization of appropriations. TITLE II—Refugee and asylum seeker processing in Western Hemisphere Sec. 2101. Expansion of refugee and asylum seeker processing. Sec. 2102. Strengthening regional humanitarian responses. Sec. 2103. Information campaign on dangers of irregular migration. Sec. 2104. Reporting requirement. Sec. 2105. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States. Sec. 2106. Central American refugee program. Sec. 2107. Central American Minors Program. Sec. 2108. Central American Family Reunification Parole Program. Sec. 2109. Informational campaign; case status hotline. TITLE III—Special immigrant visa programs Sec. 3101. Special immigrant visa program reporting requirement. Sec. 3102. Inclusion of certain special immigrants in the annual refugee survey. TITLE IV—Nondiscrimination Sec. 4101. Expansion of nondiscrimination provision. Sec. 4102. Transfer and limitations on authority to suspend or restrict the entry of a class of aliens. Sec. 4103. Visa applicants report. TITLE V—General provisions Sec. 5101. Authorization of appropriations. Sec. 5102. Determination of budgetary effects. 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) In 2022, the world is in the midst of the worst global displacement crisis in history, with more than 103,000,000 forcibly displaced persons, including more than 32,500,000 refugees worldwide, nearly half of whom are children, according to estimates from the United Nations High Commissioner for Refugees. (2) In 2023, the United Nations High Commissioner for Refugees estimates that global resettlement needs will significantly increase to 2,003,982 individuals, as compared to 2022— (A) in which 1,473,156 individuals were estimated to be in need of third-country resettlement; and (B) during the first 6 months of which 42,300 individuals were resettled worldwide. (3) The United States refugee admissions program is a life-saving solution that— (A) is critical to global humanitarian efforts; (B) strengthens global security; (C) leverages United States foreign policy interests, including diplomatic and strategic interests of supporting allies who often host a significant and disproportionate share of refugees per capita; and (D) stabilizes sensitive regions impacted by forced migration by ensuring that the United States shares responsibility for global refugee protection; (E) leverages refugee resettlement in the United States to encourage other countries to uphold the human rights of refugees, including by ensuring that refugees— (i) have the right to work, the right to an education, and freedom of movement; and (ii) are not returned to a place in which their life or freedom is at risk; (F) serves individuals and families in need of resettlement; (G) provides economic and cultural benefits to cities, States, and the United States as a whole; and (H) aligns with the international obligations of the United States, including under— (i) the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)), of which the United States is a party; (ii) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, of which the United States is a party; (iii) the Convention relating to the Status of Stateless Persons, done at New York September 28, 1954; and (iv) the Convention on the Reduction of Statelessness, done at New York August 30, 1961. (4) The United States has historically been, and should continue to be, a global leader in— (A) responding to displacement crises around the world, including through the provision of robust humanitarian support; (B) promoting the safety, health, and well-being of refugees and displaced persons; (C) welcoming asylum seekers who seek safety and protecting other at-risk migrants, including survivors of torture, victims of trafficking, climate displaced persons, and stateless people; and (D) working alongside other countries to strengthen protection systems and support. (5) The United States has steadily reduced access to asylum protection through administrative policy and programmatic changes, including policies and operational decisions aimed at reducing or stopping the ability of asylum seekers to access the United States border. (6) Refugees are— (A) the most vetted travelers to enter the United States; and (B) subject to extensive screening checks, including in-person interviews, biometric data checks, and multiple interagency checks. (7) For the sake of refugees, asylum seekers, other migrants, United States national diplomatic and strategic interests, and local communities that benefit from the presence of refugees, asylees, and other migrants, it is crucial for the United States to better protect refugees and asylum seekers through reforms, including— (A) asylum reforms that ensure access to territory and due process; (B) reforms to border migration enforcement, management, and adjudication systems that integrate stronger protection of, and ensure due process for, asylum seekers, children, victims of trafficking, climate displaced persons, stateless people, and other migrants, including— (i) community-based alternatives to detention for asylum seekers and other vulnerable migrants; (ii) improved detention conditions and reduced reliance on immigrant detention; (iii) monitoring to ensure fairness in the arrest and adjudication process; (iv) increased access to legal information and representation; and (v) a stronger commitment to child welfare in staffing and processes; and (C) refugee reforms that— (i) ensure that the United States meets the annual refugee admissions goal; (ii) prevent refugee policy that discriminates based on race or religion; (iii) improve opportunities for refugees to achieve family unity; and (iv) update and strengthen support for refugees and the communities that welcome refugees. (8) The people of the United States, and communities across the United States, overwhelmingly support refugees and asylum seekers, including people of faith, members of the Armed Forces, veterans, elected officials, and retired high-ranking officials. (b) Sense of Congress It is the sense of Congress that— (1) the global refugee crisis is dire and requires international and regional cooperation and action; and (2) the United States should— (A) assert strong leadership in multilateral fora, such as the United Nations, by collaborating and cooperating with other countries and international and regional organizations to develop a comprehensive and coordinated response to the global refugee crisis; and (B) exercise leadership in efforts to address the global refugee crisis, including through participation in the Global Refugee Forum. 3. Definitions In this Act: (1) Asylum seeker (A) In general The term asylum seeker (i) any applicant for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (ii) any alien who indicates— (I) an intention to apply for asylum under that section; or (II) a fear of persecution; or (III) a fear of return because of a threat to life or physical or mental integrity; and (iii) any alien who indicates— (I) an intention to apply for withholding of removal pursuant to— (aa) section 241 of the Immigration and Nationality Act ( 8 U.S.C. 1231 (bb) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984; or (II) a fear that the alien’s life or freedom would be threatened. (B) Inclusion The term asylum seeker (C) Exclusion The term asylum seeker (2) Best interest determination The term best interest determination (3) Department The term Department (4) Internally displaced persons The term internally displaced persons (5) International protection The term international protection (6) Secretary The term Secretary I Admission and protection of refugees, asylum seekers, and other vulnerable individuals A Refugees and asylum seekers 1101. Modification of definition of refugee (a) In general Section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) (42) (A) The term refugee (i) (I) is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided; and (II) is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution, or a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion; or (ii) in such circumstances as the President may specify, after appropriate consultation (as defined in section 207(e))— (I) is within the country of such person’s nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing; and (II) is persecuted, or who has a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion. (B) The term refugee (C) The term political opinion (D) For purposes of determinations under this Act— (i) a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion; (ii) a person who has a well-founded fear that he or she will be forced to undergo such a procedure or be subject to persecution for such failure, refusal, or resistance shall be deemed to have a well-founded fear of persecution on account of political opinion; (iii) the term particular social group (I) share— (aa) a characteristic that is immutable or fundamental to identity, conscience, or the exercise of human rights; or (bb) a past experience or voluntary association that, due to its historical nature, cannot be changed; or (II) are perceived as a group by society; and (iv) a particular social group can be cognizable regardless of the number of members who belong to the group. (E) (i) The burden of proof shall be on the applicant to establish that the applicant is a refugee. (ii) To establish that the applicant is a refugee, persecution— (I) shall be on account of race, religion, nationality, membership in a particular social group, or political opinion; and (II) may be established by demonstrating that— (aa) a protected ground is at least one reason for the applicant’s persecution or fear of persecution; (bb) the persecution or feared persecution would not have occurred or would not occur in the future but for a protected ground; or (cc) the persecution or feared persecution had or will have the effect of harming the person because of a protected ground. (F) Where past or feared persecution by a nonstate actor is unrelated to a protected asylum ground, the causal nexus link is established if the state’s failure to protect the asylum applicant from the nonstate actor is on account of a protected asylum ground. . (b) Conforming amendment Section 208(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1) section 101(a)(42)(A) section 101(a)(42)(A)(i) 1102. Multiple forms of relief available to refugees and asylum seekers (a) In general An applicant for admission as a refugee may simultaneously pursue admission under any visa category for which the applicant may be eligible. (b) Asylum applicants eligible for diversity visas Section 204(a)(1)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I) (iii) (I) An asylum seeker in the United States who is notified that he or she is eligible for an immigrant visa pursuant to section 203(c) may file a petition with the district director that has jurisdiction over the district in which the asylum seeker resides (or, in the case of an asylum seeker who is or was in removal proceedings, the immigration court in which the removal proceeding is pending or was adjudicated) to adjust status to that of an alien lawfully admitted for permanent residence. (II) A petition under subclause (I) shall— (aa) be filed not later than 30 days before the end of the fiscal year for which the petitioner receives notice of eligibility for the visa; and (bb) contain such information and be supported by such documentary evidence as the Secretary of State may require. (III) The district director or immigration court shall attempt to adjudicate each petition under this clause before the last day of the fiscal year for which the petitioner was selected. Notwithstanding clause (ii)(II), if the district director or immigration court is unable to complete such adjudication during such fiscal year, the adjudication and adjustment of status of the petitioner may take place after the end of such fiscal year. . 1103. Elimination of time limits on asylum applications Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) (1) in subparagraph (A), by inserting or the Secretary of Homeland Security Attorney General (2) by striking subparagraphs (B) and (D); (3) by redesignating subparagraph (C) as subparagraph (B); (4) in subparagraph (B), as redesignated, by striking subparagraph (D) subparagraphs (C) and (D) (5) by inserting after subparagraph (B), as redesignated, the following: (C) Changed circumstances Notwithstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General or the Secretary of Homeland Security, the existence of changed circumstances that materially affect the applicant’s eligibility for asylum. (D) Motion to reopen certain meritorious claims (i) In general Not later than 1 year after the date of the enactment of this subparagraph, the Secretary of Homeland Security shall provide to each individual described in clause (ii), in the best language of such individual— (I) notice of their eligibility for asylum; and (II) guidance with respect to filing a motion to reopen their immigration case in order to be granted asylum. (ii) Individual described An individual described in this clause is an individual who— (I) was denied asylum based solely on a failure to meet the 1-year application filing deadline in effect on the date on which the application was filed; (II) was granted withholding of removal to the alien’s country of nationality (or, in the case of a person having no nationality, to the country of last habitual residence) under section 241(b)(3); (III) has not obtained lawful permanent residence in the United States pursuant to any other provision of law; and (IV) (aa) is not subject to the safe third country exception under subparagraph (A) or to a bar to asylum under subsection (b)(2); and (bb) was not denied asylum as a matter of discretion. (iii) Date of grant (I) Adjustment of status For purposes of applications for adjustment of status submitted by an individual described in clause (ii) who was granted after the date of the enactment of this subparagraph, an individual granted asylum under this subsection shall be considered to have been so granted on the date on which the individual was granted withholding of removal under section 241(b)(3). (II) Petitions for relatives An individual granted asylum under this subsection may, during the 2-year period beginning on the date on which the individual is granted asylum under this subsection, submit a petition for the admission of a spouse or child who is accompanying or following to join. ; and (6) by adding at the end the following: (F) Other motions to reopen Notwithstanding section 240(c)(7), an individual who was denied asylum may file a motion to reopen an asylum claim during the 2-year period beginning on the date of the enactment of this subparagraph if the individual was denied asylum based solely on the implementation of— (i) the policy memorandum of the U.S. Citizenship and Immigration Services entitled Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A–B– (ii) the memorandum of the Office of the Principal Legal Advisor of U.S. Immigration and Customs Enforcement entitled Litigating Domestic Violence-Based Persecution Claims Following Matter of A–B– (iii) the interim final rule of the Department of Homeland Security and the Department of Justice entitled Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims (iv) Presidential Proclamation 9822, issued on November 9, 2018 (83 Fed. Reg. 57661); (v) the migrant protection protocols announced by the Secretary of Homeland Security on December 20, 2018 (or any successor protocols); (vi) the policy memorandum of the U.S. Citizenship and Immigration Services entitled Guidance for Implementing Section 235(b)(2)(C) of the Immigration and Nationality Act and the Migrant Protection Protocols (vii) any other policy memorandum of the Department of Homeland Security to implement the protocols described in subclause (V). . 1104. Safe third country exception Subsection 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2)(A) (1) in subparagraph (A), by striking or equivalent with effective protection, including access to a durable solution, for individuals who are refugees, or equivalent temporary protection. (2) by adding at the end the following: (G) Limitation on bilateral and multilateral agreements No bilateral or multilateral agreement proposed under this section shall take effect until the agreement is approved as a treaty by the Senate or approved as an executive agreement by the Senate, the House of Representatives, and the President of the United States. . 1105. Consideration of asylum claims (a) Conditions for granting asylum (1) In general Section 208(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B) (A) in clause (ii), by striking the last sentence and inserting the following: If the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, the trier of fact shall provide notice and allow the applicant a reasonable opportunity to file such evidence. The trier of fact may not require such evidence if the applicant does not have the evidence and demonstrates that he or she cannot reasonably obtain the evidence. Evidence shall not be considered reasonably obtainable if procurement of such evidence would reasonably endanger the life or safety of any person. (B) by striking clause (iii); and (C) by inserting after clause (ii) the following: (iii) Supporting evidence accepted (I) Direct and circumstantial evidence Direct or circumstantial evidence, including evidence that the government of the applicable country is unable or unwilling to protect individuals of the applicant’s race, religion, nationality, particular social group, or political opinion, or that the legal or social norms of the country tolerate persecution against individuals of the applicant’s race, religion, nationality, particular social group, or political opinion, may establish that persecution is on account of race, religion, nationality, membership in a particular social group, or political opinion. (II) Expert witness testimony (aa) In general Except as provided in item (bb), an asylum officer or immigration judge, as applicable, shall— (AA) accept expert witness testimony with respect to the human rights conditions in a country and evidence relating to the physical and mental condition or history of an applicant for asylum; and (BB) give substantial weight to such testimony and evidence. (bb) Exception An asylum officer or an immigration judge, as applicable, may reject expert witness testimony only if the asylum officer or immigration judge makes a finding on the record, supported by specific reasons, that— (AA) the witness is not qualified to provide an opinion regarding the conditions in the country concerned; or (BB) the testimony of the witness is rebutted by contrary evidence. (iv) Credibility determination (I) In general Subject to subclause (II), a trier of fact may conduct a credibility assessment in the context of evaluating an applicant’s claim for asylum. (II) Procedural and substantive requirements (aa) Objectivity Decisions regarding credibility shall be made objectively, impartially, and individually. (bb) Material facts A credibility assessment under this clause may only be conducted on the material facts of the applicant’s claim. The perception of the trier of fact with respect to the applicant’s general truthfulness or trustworthiness shall not be relevant to assessing credibility of material facts. (cc) Detail and specificity In assessing credibility, a trier of fact may consider the detail and specificity of information provided by the applicant, the internal consistency of the applicant’s statements, and the consistency of the applicant’s statements with available external information. In considering such information and statements, the trier of fact shall consider the applicant’s contextual circumstances, including— (AA) exposure to trauma; (BB) age; (CC) gender, sexual orientation, or gender identity; (DD) educational background; (EE) physical or mental health issues; (FF) shame, stigma, or denial; (GG) communication difficulties; (HH) intercultural barriers; and (II) the circumstances under which such statements were made. (dd) Duty to assist A trier of fact shall have an affirmative duty to assist the applicant in providing credible testimony. (ee) Consistency with scientific literature A credibility assessment conducted under this clause, and any credibility finding made, shall be consistent with current scientific literature relating to behavioral indicators of truth-telling, the nature of traumatic memories, and the ability of trauma survivors to recall aspects of, and surrounding, a traumatic event. (ff) Timing A credibility assessment under this clause may not be made until after— (AA) an interview of the applicant; and (BB) all relevant evidence has been collected and considered. (gg) Opportunity to respond If a trier of fact doubts the credibility of the applicant, the trier of fact shall specify any such doubt to the applicant and provide the applicant a meaningful opportunity to respond. (hh) Clear findings The result of a credibility assessment under this clause shall include clear findings based on and supported by evidence, after consideration of all of the relevant evidence consistent with items (cc) and (dd), that describes the material facts that are accepted as credible and the material facts that are rejected as not credible, and the reason for such acceptance or rejection. (ii) Rebuttable presumption If an adverse credibility determination is not explicitly made, the applicant shall have a rebuttable presumption of credibility on appeal. (jj) Oral testimony An applicant for asylum who is in removal proceedings shall have the right to testify orally before an immigration judge. . (2) Conforming amendment Section 241(b)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3)(C) and (iii) through (iv) (b) Clarification on asylum eligibility Section 208(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) (C) Clarification on asylum eligibility Notwithstanding any other provision of law, the eligibility of an alien for asylum shall be governed solely by this section. . (c) Third country transit Section 208(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) (E) Third country transit (i) In general An applicant's entry to, attempt to enter, or arrival or stay in a third country shall not be— (I) considered to amount to the applicant being firmly resettled; (II) grounds or a basis for a denial of an asylum application or the issuance of a negative credible fear determination; or (III) a factor for otherwise rendering the applicant ineligible for asylum. (ii) Applicability Clause (i) shall apply regardless of whether the applicant— (I) applied for asylum or was denied or granted asylum in the third country concerned; (II) is a victim of 1 or more severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 (III) the third country concerned is a party to the Convention Relating to the Status of Refugees, done at Geneva July 28, 2951, (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)), or other similar treaty or protocol. . (d) Initial jurisdiction over asylum applications Section 208(b) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b) (1) in paragraph (3), by striking subparagraph (C); and (2) by adding at the end the following: (4) Initial jurisdiction (A) In general An asylum officer (as defined in section 235(b)(1)(E)) shall have initial jurisdiction over any asylum application regardless of whether filed in accordance with this section or section 235(b) or section 240. (B) Final order of removal entered In the case of an alien with respect to whom a final order of removal was previously entered, an asylum officer shall have initial jurisdiction over any application for withholding of removal under section 241(b)(3) or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, regardless of whether such an application is filed in accordance with this section or section 235(b) or section 240. . (e) Limitation on imposition of fees Section 208(d)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(3) (3) Limitation on imposition of fees (A) Sense of Congress It is the sense of Congress that the Secretary of Homeland Security should not impose fees for the consideration of an application for asylum, employment authorization under this section, adjustment of status under section 209, the collection of biometrics in conjunction with applications under this section, petitions for family reunification, or the issuance of refugee travel documents. (B) Limitation (i) In general If the Secretary of Homeland imposes a fee for the consideration of an application for asylum, employment authorization under this section, adjustment of status under section 209, the collection of biometrics in conjunction with applications under this section or section 209, petitions for family reunification, or the issuance of refugee travel documents— (I) such fee shall not exceed the Secretary of Homeland Security's costs in adjudicating such applications, processing such biometrics, or issuing such document, as applicable; (II) the applicant shall be eligible for a fee waiver; and (III) the applicant shall be permitted to pay such fee over a period of time or in installments. (C) Rule of construction Nothing in this paragraph may be construed to require the Secretary of Homeland Security to charge fees for adjudication services provided to asylum applicants. . (f) Consideration of asylum applications Section 208(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(5) (1) by striking subparagraph (B); and (2) in subparagraph (A)— (A) by striking (A) Procedures (B) by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and moving such subparagraphs 2 ems to the left. (g) Confidentiality of asylum applications Section 208(d) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d) (8) Confidentiality of asylum applications and proceedings An employee of the United States may not disclose to any individual other than an immigration or law enforcement official of the United States information in an asylum application or from an asylum proceeding without the consent of the applicant. . (h) Transparency of statistical information Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (f) Transparency of statistical information (1) Department of Homeland Security (A) Credible fear and reasonable fear adjudications database The Secretary of Homeland Security shall develop, maintain, and make available to the public a database reflecting adjudications of credible fear or reasonable fear under section 235 that includes, for each such adjudication that occurs not later than 90 days after the date of the enactment of this subsection, the following: (i) An anonymized code number or sequence of characters for the asylum applicant. (ii) The month and year in which the applicant was apprehended. (iii) The month and year in which the applicant was interviewed under section 235. (iv) (I) Whether the applicant was in the custody of the Secretary of Homeland Security on the date of such interview. (II) In the case of an applicant who was in the custody of the Secretary of Homeland Security on such date— (aa) the component of the Department of Homeland Security responsible for the applicant's detention; and (bb) the name of the facility in which the applicant was held. (v) The age of the applicant on the date of such interview. (vi) The nationality of the applicant. (vii) The gender of the applicant. (viii) (I) Whether the applicant entered at a port of entry. (II) In the case of an applicant who entered at a port of entry, the name of the port of entry. (ix) (I) Whether the applicant included one or more derivative beneficiaries in their asylum application. (II) In the case of an applicant who included one or more derivative beneficiaries in their asylum application, the age and relationship to the applicant of each such beneficiary. (x) An anonymized code number for the officer conducting the interview and, if the officer’s decision was reviewed by a supervisor, an anonymized code number for the supervisor. (xi) (I) Whether such interview was conducted in person, by telephone, or by videoconference. (II) In the case of an interview conducted in person, the location of the interview. (xii) Whether such interview was conducted with the assistance of an interpreter. (xiii) The regional asylum office to which the officer conducting such interview was assigned. (xiv) Whether the asylum application was based on— (I) past persecution; (II) a well-founded fear of persecution; or (III) past persecution and a well-founded fear of persecution. (xv) Whether— (I) the alleged persecutor was the government of a country or a private entity; or (II) in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity. (xvi) Whether the applicant was assisted by an attorney or other legal service provider during the interview. (xvii) Whether the adjudicator determined that the applicant was credible. (xviii) Whether the adjudicator found that the applicant— (I) established— (aa) a credible fear; (bb) a reasonable fear; or (cc) a likelihood of torture; or (II) did not establish any such fear or likelihood. (xix) In the case of an applicant who was determined not to have established a credible fear or a reasonable fear, whether the applicant appealed such determination to an immigration judge. (xx) Any other data that the Secretary of Homeland Security considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. (B) Merits adjudications database The Secretary of Homeland Security shall develop, maintain, and make available to the public a database reflecting asylum adjudications on the merits, that includes, for each such adjudication that occurs not later than 90 days after the date of the enactment of this subsection, the following: (i) An anonymized code number or sequence of characters for the asylum applicant, which shall be the same code number or sequence assigned to the applicant if such a number or sequence was assigned during an earlier stage of proceedings under section 235. (ii) The date on which the applicant's asylum application was filed or considered to have been filed. (iii) The age of the applicant on the date on which such application was filed. (iv) The date on which the applicant entered the United States or, in the case of an applicant for whom the date of entry is unknown, an indication that such date is unknown. (v) (I) Whether the applicant included in their asylum application 1 or more derivative beneficiaries who are in the United States. (II) In the case of an applicant who included such a derivative beneficiary in their asylum application, the age and relationship to the applicant of each such beneficiary. (vi) The nationality of the applicant. (vii) The gender of the applicant. (viii) Whether the asylum application was based on— (I) past persecution; (II) a well-founded fear of persecution; or (III) past persecution and a well-founded fear of persecution. (ix) Whether— (I) the alleged persecutor was the government of a country or a private entity; or (II) in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity. (x) Whether the applicant’s application for asylum included a claim of persecution on account of gender. (xi) Whether the applicant was processed under this section or section 235. (xii) Whether the applicant had entered the United States— (I) pursuant to a visa; (II) through the visa waiver program; or (III) without inspection. (xiii) Whether the applicant— (I) was assisted in the completion of their asylum application by— (aa) an attorney; (bb) an accredited representative; (cc) a law student; or (dd) an individual other than an individual described in items (aa) through (cc); or (II) was not represented. (xiv) Whether the applicant— (I) was represent during their asylum interview by— (aa) an attorney; (bb) an accredited representative; (cc) a law student; or (dd) an individual other than an individual described in items (aa) through (cc); or (II) was not represented. (xv) Whether the asylum interview was conducted with the assistance of an interpreter. (xvi) An anonymized code number or sequence of characters for the asylum officer who adjudicated the case. (xvii) An anonymized code number or sequence of characters for any officer who reviewed the asylum officer’s decision. (xviii) The regional office or sub-office to which the asylum officer was assigned. (xix) The date of the adjudication. (xx) Whether the applicant was— (I) granted asylum; (II) denied asylum; (III) referred to immigration court for further consideration; or (IV) considered by the immigration court under some other procedure. (xxi) Any other data that the Secretary of Homeland Security considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. (2) Department of Justice (A) Database on appeals of credible fear and reasonable fear determinations The Attorney General shall develop, maintain, and make available to the public a database reflecting appeals from credible fear determinations and reasonable fear determinations that include, for each such appeal that occurs not later than 90 days after the date of the enactment of this subsection, the following: (i) An anonymized code number or sequence of characters for the asylum applicant, which shall be the same anonymized code number or sequence of numbers assigned to the applicant by the Department of Homeland Security. (ii) The name of the immigration judge who adjudicated the appeal. (iii) The location of the immigration judge on the date on which a decision on the appeal was made. (iv) Whether the appeal was conducted in person, by telephone, or by videoconference. (v) Whether the applicant— (I) was represented in the appeal by— (aa) an attorney; (bb) an accredited representative; (cc) a law student; or (dd) an individual other than an individual described in items (aa) through (cc); or (II) was not represented. (vi) Whether the appeal was conducted with the assistance of an interpreter. (vii) The outcome of the appeal. (viii) Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. (B) Merits decisions database The Attorney General shall develop, maintain, and make available to the public a database reflecting decisions by immigration judges on the merits of asylum claims (including applications for withholding of removal under section 241(b)(3) and protection under the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment, done at New York December 10, 1984) that includes, for each such claim filed with the Attorney General not later than 90 days after the date of the enactment of this subsection, the following: (i) An anonymized code number or sequence of characters for the respondent, which shall be the same as any anonymized code number or sequence of number assigned by the Department of Homeland Security at a previous stage of adjudication of the claim. (ii) The date on which the respondent entered the United States or, in the case of a respondent for whom the date of entry is unknown, an indication that such date is unknown. (iii) The age of the respondent on the date on which the respondent entered the United States. (iv) The initial date on which the respondent submitted the asylum application to the Secretary of Homeland Security. (v) In the case of a respondent who submitted an asylum application to the Secretary of Homeland Security, the date on which an asylum officer issued a decision on such application. (vi) The age of the respondent on the date on which the immigration judge rendered a decision on the merits of the claim. (vii) The gender of the respondent. (viii) Whether the respondent entered the United States at a port of entry. (ix) (I) Whether the respondent included in their asylum application 1 or more derivative beneficiaries who are in the United States. (II) In the case of a respondent who included such a derivative beneficiary in their asylum application, the age and relationship to the respondent of each such beneficiary. (x) The nationality of the respondent. (xi) The name and location of the immigration judge who adjudicated the claim. (xii) Whether the merits hearing was conducted in person, by telephone, or by videoconference. (xiii) (I) Whether the respondent was detained on the date on which the merits hearing occurred. (II) In the case of a respondent who was detained, the name of the detention facility. (xiv) Whether the merits hearing was conducted with the assistance of an interpreter. (xv) Whether the respondent— (I) was represented in the merits hearing by— (aa) an attorney; (bb) an accredited representative; (cc) a law student; or (dd) an individual other than an individual described in items (aa) through (cc); or (II) was not represented. (xvi) In the case of an application for asylum or withholding of removal under section 241(b)(3), whether the application was based on— (I) past persecution; (II) a well-founded fear of persecution; or (III) past persecution and a well-founded fear of persecution. (xvii) Whether— (I) the alleged persecutor was the government of a country or a private entity; or (II) in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity. (xviii) Whether the respondent’s application for asylum included a claim of persecution on account of gender. (xix) The outcome of the case, including— (I) whether the case the was terminated without a decision; (II) whether the respondent was granted asylum, withholding of removal under section 241(b)(3), protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, voluntary departure, or other relief; and (III) whether the respondent was ordered removed from the United States. (xx) Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. (C) Board of Immigration Appeals database The Attorney General shall develop, maintain, and make available to the public a database reflecting decisions by the Board of Immigration Appeals on appeals of immigration judge denials of asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, that includes, for each such appeal filed with the Board of Immigration Appeals not later than 90 days after the date of the enactment of this subsection, the following: (i) An anonymized code number or sequence of characters for the appellant, which shall be the same anonymized code number or sequence of numbers that was assigned at a previous stage of the proceedings by the Secretary of Homeland Security or the Attorney General. (ii) The date on which the appeal was filed with the Board of Immigration Appeals. (iii) The date on which the Board of Immigration Appeals issued a decision on the appeal. (iv) The names of the members of the Board of Immigration Appeals who participated in the decision. (v) Whether any member of the Board of Immigration Appeals dissented from a decision of a panel or of the entire Board of Immigration Appeals, and the name of each such member. (vi) Whether the appellant— (I) was represented in the appeal by— (aa) an attorney; (bb) an accredited representative; (cc) a law student; or (dd) an individual other than an individual described in items (aa) through (cc); or (II) was not represented. (vii) The outcome of the appeal. (viii) Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. . (i) Further consideration of application for asylum Section 235(b)(1)(B)(ii) of the Immigration and Nationalities Act (8 U.S.C. 1225 (b)(1)(B)(ii)) is amended by inserting , which shall include a hearing under section 240 on the alien’s claim for asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, unless the Secretary of Homeland Security has granted the alien’s claim (j) Modification of definition of asylum officer Section 235(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(E) (E) Asylum officer defined (i) In general In this paragraph, the term asylum officer (I) has had professional training in country conditions, asylum law, and nonadversarial interviewing techniques necessary for adjudication of applications under section 208; (II) adjudicates applications under that section on a full-time basis; and (III) is supervised by an officer who— (aa) meets the condition described in subclause (I); and (bb) has had substantial experience adjudicating asylum applications. (ii) Exceptional circumstances (I) In general The Secretary of Homeland Security may, only in exceptional circumstances and to protect national security, designate one or more individuals who do not meet the condition described in clause (i)(III) to act as temporary asylum officers. (II) Limitation An individual designated as a temporary asylum officer under subclause (I) may not hold or have held in the preceding 3 years a position the central function of which is immigration enforcement, including Border Patrol agents, Customs and Border Protection officers, and Immigration and Customs Enforcement officers. (III) Annual report During any period in which the Secretary of Homeland Security designates one or more temporary asylum officers, not later than 30 days after such designation, the Secretary of Homeland Security shall submit to Congress a report that includes— (aa) a justification for the designation; (bb) the number of officers designated; (cc) the duration of service of such officers; (dd) the number of interviews conducted by such officers; (ee) with respect to applications for asylum, withholding of removal under section 241(b)(3), and protection under the Convention against Torture adjudicated by such officers, the rate of grants, denials, referrals, and otherwise closed applications; and (ff) with respect to credible fear determinations carried out by such officers, the rate of positive, negative, and otherwise closed determinations. . (k) Removal proceedings Section 240(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4) (1) in subparagraph (B), by striking the last sentence and inserting the following: If the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, the trier of fact shall provide notice and allow the applicant a reasonable opportunity to file such evidence. The trier of fact may not require such evidence if the applicant does not have the evidence and demonstrates that he or she cannot reasonably obtain the evidence. Evidence shall not be considered reasonably obtainable under this subparagraph if procurement of such evidence would reasonably endanger the life or safety of any person in the applicant’s home country. (2) in subparagraph (C), in the first sentence, by striking , without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor If the trier of fact determines that there are inconsistencies or omissions, the alien shall be given an opportunity to explain and provide support or evidence to clarify such inconsistencies or omissions. (l) Reinstatement of removal Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) (1) in paragraph (5), by striking If the Attorney General (A) In general Except as provided in subparagraph (B), if the Secretary of Homeland Security ; and (2) by adding at the end the following: (B) Applicability Subparagraph (A) shall not apply to an alien who is otherwise eligible for asylum. . 1106. Transparency in refugee determinations Section 207(c) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c) (5) The adjudicator of an application for refugee status under this section shall consider all relevant evidence and maintain a record of the evidence considered. (6) An applicant for refugee status may be represented, including at a refugee interview, at no expense to the Government, by an attorney or accredited representative who— (A) was chosen by the applicant; and (B) is authorized by the Secretary of Homeland Security to be recognized as the representative of such applicant in an adjudication under this section. (7) (A) A decision to deny an application for refugee status under this section— (i) shall be in writing; and (ii) shall cite the specific applicable provisions of this Act upon which such denial was based, including— (I) the facts underlying the determination; and (II) whether there is a waiver of inadmissibility available to the applicant. (B) The basis of any negative credibility finding shall be part of the written decision. (8) (A) An applicant who is denied refugee status under this section may file a request with the Secretary for a review of his or her application not later than 120 days after such denial. (B) A request filed under subparagraph (A) shall be adjudicated by refugee officers who have received training on considering requests for review of refugee applications that have been denied. (C) The Secretary shall publish the standards applied to a request for review under this paragraph. (D) A request for review under this paragraph may result in the decision being granted, denied, or reopened for a further interview. (E) A decision on a request for review under this paragraph shall— (i) be in writing; and (ii) provide, to the maximum extent practicable, information relating to the reason for the denial. . 1107. Authority to designate certain groups of refugees from countries of particular concern and admission of refugees in emergency situations (a) In general Section 207(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(1) (1) by inserting (A) Subject to the numerical limitations (2) by adding at the end the following: (B) (i) The President, after a recommendation of the Secretary of State made in consultation with the Secretary of Homeland Security, and after appropriate consultation, may designate specifically defined groups of aliens within a category of aliens established under clause (ii) whose resettlement in the United States is justified by humanitarian concerns or is otherwise in the national interest and who share common characteristics that identify such aliens as targets of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion or who otherwise have a shared need for resettlement due to a specific vulnerability. (ii) For purposes of clause (i), the President shall designate one or more groups or one or more categories of aliens who are or were nationals or habitual residents of the Islamic Republic of Iran or countries from the former Soviet Union, who, as members of a religious minority, share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion. At the discretion of the President, the President may designate additional groups of one or more categories of aliens who are of were nationals or habitual residents of any other country which is designated as a country of particular concern under section 402(b)(1)(A) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442 (iii) An alien who is outside his or her country of origin or last habitual residence who establishes membership in a group designated under clause (i) to the satisfaction of the Secretary of Homeland Security shall establish, for purposes of admission as a refugee under this section, that such alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, unless the Secretary determines that such alien ordered, incited, assisted or otherwise participated in the persecution of any person on account of race, religious, membership in a particular social group, or political opinion. (iv) A designation under clause (i)— (I) may be revoked by the President at any time after notification to Congress; (II) if not revoked, shall expire at the end of each fiscal year; and (III) may be renewed by the President after appropriate consultation. (v) An alien's admission under this subparagraph shall count against the refugee admissions goal under subsection (a). (vi) A designation under clause (i) shall not influence decisions to grant, to any alien, asylum under section 208, withholding of removal section 241(b)(3), or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (vii) Each decision to deny an application for refugee status of an alien who is within a category established under this subparagraph shall be in writing and shall state, to the maximum extent feasible, the reason for the denial. . (b) Admission of refugees experiencing emergency situations Section 207(c) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(1) (9) Admission of refugees experiencing emergency situations (A) In general Subject to the numerical established under subparagraphs (A) and (B) of paragraph (1), the Secretary of Homeland Security may, in the Secretary’s discretion and pursuant to such regulations as the Secretary may prescribe, admit any refugee who is not firmly resettled in any foreign country, is determined to be of special humanitarian concern to the United States, and is admissible (except as provided under section 209) as an immigrant under this Act. Notwithstanding any numerical limitations specified in this Act, any alien admitted under this paragraph shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien’s admission to the United States. (B) Designation The President, upon a recommendation of the Secretary of State made in consultation with the Secretary of Homeland Security, and after appropriate consultation, may designate specifically defined groups of aliens— (i) whose resettlement in the United States is justified by humanitarian concerns or is otherwise in the national interest; and (ii) who— (I) share common characteristics that identify them as targets of— (aa) persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; or (bb) other serious harm; or (II) having been identified as targets as described in subclause (I), share a common need for resettlement due to a specific vulnerability. (C) Membership in a designated group An alien who establishes membership in a group designated under this paragraph to the satisfaction of the Secretary of Homeland Security shall be considered a refugee for purposes of admission as a refugee under this paragraph, unless the Secretary determines that such alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (D) Revocation A designation under this paragraph is for purposes of adjudicatory efficiency and may be revoked by the President at any time after notification to Congress. (E) Effect on other laws Categories of aliens established under section 599D of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 8 U.S.C. 1157 (i) shall be designated under subparagraph (B) until the end of the first fiscal year commencing after the date of the enactment of this paragraph; and (ii) shall be eligible for designation thereafter at the discretion of the President. (F) Effect on refugee admissions goal The admission of an alien under this paragraph shall count against the refugee admissions goal under section 207(a). (G) Other forms of protection A designation under this paragraph shall not influence decisions to grant to any alien asylum under section 208, withholding of removal under section 241(b)(3), or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (H) Denials A decision to deny admission under this paragraph to an alien who establishes to the satisfaction of the Secretary that the alien is a member of a group designated under subparagraph (B)— (i) shall be in writing; and (ii) shall cite the specific applicable provision of this Act upon which such denial is based, including— (I) the facts underlying the determination; and (II) whether there is a waiver of inadmissibility available to the alien. . (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act. 1108. Employment authorization for asylum seekers and other individuals Section 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) (2) Employment authorization (A) Eligibility The Secretary of Homeland Security shall authorize employment for an applicant for asylum, withholding of removal under section 241(b)(3)(B), or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, not later than 30 days after the date on which such an applicant files an application for such relief. (B) Application An applicant for asylum, withholding of removal under section 241(b)(3)(B), or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, who is prima facie eligible for such relief shall be granted employment authorization not later than 60 days after the date on which the applicant files an application for employment authorization. (C) Term Employment authorization under this paragraph shall be valid until the date on which an applicant is issued a final denial of the applicable application, including administrative and judicial review. . 1109. Admission of refugees and asylees as lawful permanent residents (a) Treatment of aliens admitted as refugees and of aliens granted asylum Section 209 of the Immigration and Nationality Act ( 8 U.S.C. 1159 209. Treatment of aliens admitted as refugees and of aliens granted asylum (a) In general (1) Treatment of refugee families Any alien may be lawfully admitted to the United States for permanent residence at the time of initial admission to the United States if the alien— (A) has been approved for admission to the United States— (i) under section 207 or 208; or (ii) under section 208(b)(3) as the spouse or child of an alien granted asylum under section 208(b)(1); and (B) is admissible under section 212 (except as otherwise provided in subsections (b) and (c)). (2) Adjustment of status (A) In general The Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or the Attorney General, and under such regulations as the Secretary or the Attorney General may prescribe, may adjust, to the status of an alien lawfully admitted to the United States for permanent residence, the status of any alien who, while in the United States— (i) is granted— (I) asylum under section 208(b) (as a principal alien or as the spouse or child of an alien granted asylum); or (II) refugee status under section 207 as the spouse or child of a refugee; (ii) applies for such adjustment of status at any time after being granted asylum or refugee status; (iii) is not firmly resettled in any foreign country; and (iv) is admissible (except as otherwise provided under subsections (b) and (c)) as an immigrant under this Act at the time of examination for adjustment of such alien. (B) Applicability This paragraph shall apply to any alien lawfully admitted for permanent residence under section 207 or 208 before the date of the enactment of the Refugee Protection Act of 2022 (3) Record Upon approval of an application under this subsection, the Secretary of Homeland Security or the Attorney General shall establish a record of the alien’s admission for lawful permanent residence as of the date such alien was granted asylum or refugee status. (b) Inapplicability of certain inadmissibility grounds to refugees, aliens granted asylum, and such aliens seeking adjustment of status to lawful permanent resident Paragraphs (4), (5), and (7)(A) of section 212(a) shall not apply to— (1) any refugee under section 207; (2) any alien granted asylum under section 208; or (3) any alien seeking admission as a lawful permanent resident pursuant to a grant of refugee or asylum status. (c) Waiver of inadmissibility or deportability for refugees, aliens granted asylum, and such aliens seeking adjustment of status to lawful permanent resident (1) In general Except as provided in paragraph (2), the Secretary of Homeland Security or the Attorney General may waive any ground under section 212 or 237 for aliens admitted pursuant to section 207 or 208, or seeking admission as a lawful permanent resident pursuant to subsection (a), if such a waiver is justified by humanitarian purposes, to ensure family unity, or is otherwise in the public interest. (2) Ineligibility Aliens admitted pursuant to section 207 or 208, or seeking admission as a lawful permanent resident pursuant to subsection (a), shall be ineligible for a waiver under paragraph (1) if it has been established that the alien is— (A) inadmissible under section 212(a)(2)(C) or subparagraph (A), (B), (C), or (E) of section 212(a)(3); (B) deportable under section 237(a)(2)(A)(iii) for an offense described in section 101(a)(43)(B); or (C) deportable under subparagraph (A), (B), (C), or (D) of section 237(a)(4). . (b) Clarification Aliens admitted for lawful permanent residence pursuant to paragraph (1) of section 209(a) of the Immigration and Nationality Act, as amended by subsection (a), or who adjust their status pursuant to paragraph (2) of such section, as amended by subsection (a), shall be considered to be refugees and aliens granted asylum for purposes of sections 402, 403, 412, and 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612 (c) Technical and conforming amendments (1) Aliens not subject to direct numerical limitations Section 201(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1)(B) (B) Aliens who are admitted to the United States as permanent residents under section 207 or 208 or whose status is adjusted under section 209. . (2) Training Section 207(f)(1) of such Act ( 8 U.S.C. 1157(f)(1) Attorney General Secretary of Homeland Security (3) Commonwealth of the Northern Mariana Islands Section 208(e) of such Act ( 8 U.S.C. 1158(e) section 209(b) section 209(a)(2) (4) Table of contents The table of contents for such Act is amended by striking the item relating to section 209 and inserting the following: Sec. 209. Treatment of aliens admitted as refugees and of aliens granted asylum. . (d) Effective date This section, and the amendments made by this section, shall take effect on the earlier of— (1) the date that is 180 days after the date of the enactment of this Act; or (2) the date on which a final rule is promulgated to implement this section and the amendments made by this section. 1110. Complementary protection The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum if the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee within the meaning of section 101(a)(42)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42)(A) (1) violence; or (2) exceptional situations, such as environmental or other crises or disasters, including from the effects of climate change, for which there is no adequate remedy in the country of origin. 1111. Internal relocation (a) Burden of proof The Government bears the burden of establishing the reasonableness of internal relocation. (b) Case-by-Case analysis Consistent with the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951, it shall be considered unreasonable to presume applicants are able to internally relocate without first conducting an individualized determination applying a totality of circumstances test on a case-by-case basis. (c) Determinations in merits hearings Internal relocation determinations— (1) may only be made in asylum merits proceedings; and (2) shall not occur at an earlier stage of processing. (d) Prohibition The mere possibility of internal relocation shall not be the sole grounds for a discretionary denial of asylum, issuance of a negative credible fear determination, or a factor to otherwise bar asylum eligibility. 1112. Firm resettlement The Government bears the burden of establishing whether an applicant is firmly resettled and applicants may rebut this under a preponderance of the evidence standard. Firm resettlement determinations shall focus exclusively on the existence of an offer of permanent resettlement and shall not be fulfilled by an offer of temporary, transitory, or unauthorized time in another country. B Protections for children and families 1201. Keeping families together (a) Modification of definition of child Section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (1) in subparagraph (E)(ii), by striking ; or (2) in subparagraph (F)(ii), by striking the period at the end and inserting a semicolon; (3) in subparagraph (G)(iii)(III), by striking the period at the end and inserting ; or (4) by adding at the end the following: (H) (i) a child under the age of 18 at the time an application is filed to accord a principal alien refugee status— (I) who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents; or (II) for whom the sole or surviving parent is incapable of providing the proper care and has, in writing, irrevocably released the child for emigration and adoption; (ii) who has been living in a country of asylum under the care of such principal alien; and (iii) for whom the Secretary of Homeland Security is satisfied that proper care will be furnished if the child is admitted to the United States. . (b) Admission of refugee families and timely adjudication Section 207(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(2) (2) (A) (i) Irrespective of the date on which such refugee was admitted to the United States, the spouse or a child (as defined in section 101(b)(1)) of any refugee, or the parent or de facto guardian (as determined by the Secretary of Homeland Security) of such a child who qualifies for admission under paragraph (1), if not otherwise entitled to admission under such paragraph and not described in section 101(a)(42)(B), shall be entitled to the same admission status as such refugee if— (I) accompanying, or following to join, such refugee; and (II) admissible (except as otherwise provided under paragraph (3)) as an immigrant under this chapter. (ii) The admission to the United States of a spouse, child, parent, or guardian described in clause (i) shall not be charged against the numerical limitation established in accordance with the appropriate subsection under which the refugee’s admission is charged. (B) A mother or father who seeks to accompany, or follow to join, an alien granted admission as a refugee under this subsection shall continue to be classified as a mother or father for purposes of this paragraph if the alien attained 21 years of age while such application was pending. (C) The parent or de facto guardian (as determined by the Secretary of Homeland Security) of a refugee child admitted under this section and was admitted under the Unaccompanied Refugee Minors program (as described in subparagraph (D), (E), or (H) of section 101(b)(1) shall be treated in accordance with subparagraph (A) if such parent or guardian seeks to follow to join such refugee child and the minor consents to being joined by such individual. (D) (i) Not later than 1 year after the date on which an application for refugee status is filed under this paragraph— (I) required screenings and background checks shall be completed; and (II) the application shall be adjudicated. (ii) The adjudication of an application may exceed the timeframe under clause (i) only in exceptional circumstances in which additional time to process an application is necessary to satisfy national security concerns, if the Secretary of Homeland Security has— (I) made a determination that the applicant meets the requirements for refugee status under this section; and (II) notified the applicant of such determination. . (c) Treatment of asylee families and timely adjudication Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(3) (1) in subparagraph (A), by striking or following to join, such alien or following to join, such alien, irrespective of the date on which such alien was granted asylum (2) by adding at the end the following: (C) Children of asylee spouses A child (as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1)) born to the asylee spouse who qualifies for admission under paragraph (A) shall, if not otherwise eligible for asylum under this section, be granted the same status as such asylee spouse if accompanying, or following to join, such asylee spouse. (D) Application process (i) In general Not later than 1 year after the date on which an application for refugee status is filed under this paragraph— (I) required screenings and background checks shall be completed; and (II) the application shall be adjudicated. (ii) Exception The adjudication of an application may exceed the timeframe under clause (i) only in exceptional circumstances in which additional time to process an application is necessary to satisfy national security concerns, if the Secretary of Homeland Security has— (I) made a determination that the applicant meets the requirements for refugee status under this section; and (II) notified the applicant of such determination. (iii) Prohibition on denials due to processing delays An application for asylum under this paragraph shall not be denied, in whole or in part, on the basis that processing could not be completed within the timeframe under clause (i). . 1202. Protections for minors seeking asylum (a) In general Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (1) in subsection (a)(2), as amended by sections 1103 and 1104, by amending subparagraph (E) to read as follows: (E) Applicability to minors Subparagraphs (A) and (B) shall not apply to an applicant who is younger than 18 years of age on the earlier of— (i) the date on which the asylum application is filed; or (ii) the date on which any notice to appear is issued. ; and (2) in subsection (b)(4), as added by section 1105, by adding at the end the following: (C) Applicants younger than 18 years of age An asylum officer (as defined in section 235(b)(1)(E)) shall have initial jurisdiction over any asylum application filed by an applicant who is younger than 18 years of age on the earlier of— (i) the date on which the asylum application is filed; or (ii) the date on which any notice to appear is issued. . (b) Treatment of spouse, children, mother, and father seeking asylum Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158 (1) in the paragraph heading, by striking and children , children, mothers, and fathers (2) in subparagraph (A), by striking (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of an alien (as defined in subparagraph (A), (B), (C), (D), (E), or (H) of section 101(b)(1)) of an alien, or the mother or father of an alien who is such a child, (3) by amending subparagraph (B) to read as follows: (B) Continued classification of certain aliens as children (i) Unmarried aliens An unmarried alien who seeks to accompany, or follow to join, a mother or father granted asylum under this subsection, and any child of such unmarried alien, shall continue to be classified as a child for purposes of this paragraph and shall be considered a refugee, if— (I) the alien was younger than 21 years of age on the date on which such mother or father applied for asylum under this section; and (II) the alien attained 21 years of age while such application was pending. (ii) Effect on mothers and fathers A mother or father who seeks to accompany, or follow to join, an alien granted asylum under this subsection shall continue to be classified as a mother or father for purposes of this paragraph, and together with the spouse or child of such mother or father, be considered a refugee, if the alien attained 21 years of age while such application was pending. . (c) Repeal of contiguous country exception (1) In general Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) (A) by striking paragraph (2); (B) by amending paragraph (3) to read as follows: (3) Rule for all unaccompanied children The custody of unaccompanied alien children who are apprehended at the border of the United States or at a United States port of entry shall be treated in accordance with subsection (b). ; (C) by amending paragraph (4) to read as follows: (4) Screening (A) In general Within 48 hours of the apprehension of a child who is believed to be an unaccompanied alien child, the child shall be transferred to the Secretary of Health and Human Services and treated in accordance with subsection (b). (B) Rule of construction Nothing in this paragraph may be construed to preclude an earlier transfer of a child. ; (D) by amending paragraph (5) to read as follows: (5) Placement in removal proceedings Any unaccompanied alien child sought to be removed by the Department of Homeland Security shall be— (A) placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (B) eligible for relief under section 240B of that Act ( 8 U.S.C. 1229c (C) provided access to counsel in accordance with subsection (c)(5). ; and (E) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively. (2) Conforming amendments Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (A) in subsection (c)(5), by striking , and who are not described in subsection (a)(2)(A), (B) in subsection (e), by striking , including children described in subsection (a)(2) (d) Duration of unaccompanied child designation Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) (5) Duration of unaccompanied alien child determination (A) In general Upon identification as an unaccompanied alien child, a child shall be afforded all substantive and procedural protections provided for unaccompanied alien children under this section and any other Federal law for the duration of the child’s removal proceedings. (B) Reevaluation and revocation prohibited The head of a Federal agency may not— (i) reevaluate or revoke a determination that an individual is an unaccompanied alien child; or (ii) deny or impede access to any protections provided for unaccompanied alien children by Federal law, including on the basis of the individual’s reunification with a parent or legal guardian or the individual having attained 18 years of age. . (e) Child protective measures for all children in U.S. Customs and Border Protection custody (1) Purpose The purposes of this subsection are— (A) to ensure the safety and access to protection of children temporarily in the custody of U.S. Customs and Border Protection by requiring the Secretary of Homeland Security to hire child welfare professionals; and (B) to prevent unnecessary family separation through the deployment of officials of the Department of Health and Human Services to U.S. Customs and Border Protection facilities to evaluate unaccompanied children arriving with non-parent, adult family members for reunification within 72 hours. (2) Child welfare professionals (A) Definition of child welfare professional The term child welfare professional (i) is State-licensed in social work; (ii) has direct experience working with children; (iii) has expertise in— (I) child development; and (II) culturally competent, trauma-centered, and developmentally appropriate interviewing skills; (iv) has knowledge of Federal and State child welfare laws and standards; and (v) is proficient in 1 or more of the most common languages spoken by children apprehended at the southern border of the United States. (B) Staffing of child welfare professionals at U.S. Customs and Border Protection facilities The Secretary of Homeland Security shall ensure that 1 or more child welfare professionals is available at each port of entry and Border Patrol station along the southern land border of the United States to accomplish the duties described in this subsection. (i) Hiring The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall hire, or seek to enter into contracts with, child welfare professionals who shall— (I) work onsite on a full-time basis at ports of entry or Border Patrol stations that have had not fewer than 25 children in custody— (aa) on any day during the preceding fiscal year; or (bb) during the fiscal year in which this Act is enacted based on a review of monthly statistical reports during the such fiscal year; (II) remain available by telephone and videoconference on an on-call basis to U.S. Customs and Border Protection personnel at ports of entry or Border Patrol stations that are not described in subclause (I). (ii) Interpreter required In the case of a child welfare professional who does not speak the best language of a child in the custody of U.S. Customs and Border Protection at a port of entry or Border Patrol station along the southern land border of the United States, the Secretary of Homeland Security shall provide an interpreter. (C) Duties In accordance with the timeframe under subsections (a)(4) and (b)(3) of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (i) conduct screening of each child in the custody of U.S. Customs and Border Protection in accordance with such subsection (a)(4); (ii) ensure appropriate care of each child in the custody of U.S. Customs and Border Protection; (iii) ensure that any allegation of abuse or mistreatment of a child in the custody of U.S. Customs and Border Protection is referred to the appropriate Federal and State authorities; (iv) with respect to a child who may meet the notification and transfer requirements under subsections (a) and (b) of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (v) conduct an initial family relationship and trafficking assessment for each child in the custody of U.S. Customs and Border Protection; and (vi) perform other duties as appropriate. (D) Report Not later than 180 days after the date of the enactment of this Act, and every quarter thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary, the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Education and Labor of the House of Representatives a report that, for the preceding fiscal quarter— (i) describes the activities carried out by child welfare professionals under this subsection; (ii) assesses the effectiveness of such activities; and (iii) includes non-personally identifiable data on all children screened by child welfare professionals under this subsection, including— (I) the number and location of children in the physical custody of the Department of Homeland Security; (II) the number of children transferred to the custody of the Secretary of Health and Human Services; and (III) the number of children removed from the United States, and the countries of nationality of such children. (3) Expedited reunification at the border (A) In general Unaccompanied children encountered by the Commissioner of U.S. Customs and Border Protection together with 1 or more adult family members who are not their parents or legal guardians shall be— (i) transferred, along with those adult family members, to the nearest U.S. Customs and Border Protection reception center where field staff of the Department of Health and Human Services are onsite; and (ii) screened, along with the 1 or more adult family members, by such field staff shall to assess— (I) the validity of the relationship between the child and 1 or more adult family members; (II) the ability of the 1 or more adult family members to care for child; and (III) any risk of trafficking or abuse from the 1 or more adult family members. (B) Interview In conducting the screening under subparagraph (A)(ii), the field staff of the Department of Health and Human Services shall interview the child— (i) together with the 1 or more adult family members; and (ii) separately from the adult family member(s). (C) Observation In the case of young children and infants screened under this paragraph, in addition to evaluating the documentary evidence of relationship provided, the field staff of the Department of Health and Human Services shall observe the interactions between the children and their 1 or more adult family members. (D) U.S. Customs and Border Protection custody During the screening required by this paragraph, an unaccompanied child described in subparagraph (A) shall remain in the legal custody of the Commissioner of U.S. Customs and Border Protection for not more than 72 hours. (E) Safe sponsor determination (i) In general If field staff of the Health and Human Services determine that an adult family member is a safe sponsor, the Commissioner of U.S. Customs and Border Protection, absent exigent circumstances, shall approve the sponsor for release and transfer custody of the child from the Commissioner to the Secretary of Health and Human Services in a designated space so that the Office of Refugee Resettlement may promptly reunify the child directly with the adult sponsor. (ii) Referral for legal services The Assistant Secretary of the Office of Refugee Resettlement shall ensure that any child approved for release with their family sponsor under this subparagraph is referred to a legal services provider funded by the Department of Health and Human Services to represent the child post-release. (F) Department of Health and Human Services custody In any case in which Department of Health and Human Services field staff cannot approve a child’s reunification not later than 72 hours after the time at which the child is apprehended— (i) the Commissioner of U.S. Customs and Border Protection shall transfer custody of the child to the Secretary of Health and Human Services for placement in Office of Refugee Resettlement care in the least restrictive setting in the child’s best interest, as required by section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and (ii) the Secretary of Health and Human Services shall appoint an independent child advocate to the child upon the child's arrival in Office of Refugee Resettlement care. (G) Legal orientation presentations in reception centers The Secretary of Health and Human Services shall work with stakeholders to ensure that legal staff are detailed to U.S. Customs and Border Protection reception centers sites to provide legal orientation presentations to unaccompanied children while their 1 or more adult family members are evaluated by Department of Health and Human Services field staff. (4) Rule of construction Nothing in this subsection may be construed to modify— (A) the definition of the term unaccompanied alien child 6 U.S.C. 279(g)(2) (B) the obligation of the Secretary of Health and Human Services to take a child into custody, and if the child cannot be reunified with the adult family member as set forth in paragraph (3)(E) to place the child in the least restrictive setting in their best interests, consistent with section 279(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) 8 U.S.C. 1232 (C) the duration of the unaccompanied alien child determination and associated legal protections under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (f) Elimination of special immigrant juvenile visa cap (1) Aliens not subject to direct numerical limitations Section 201(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1)(A) subparagraph (A) or (B) subparagraph (A), (B), or (J) (2) Preference allocation for employment-based immigrants Section 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(4) subparagraph (A) or (B) subparagraph (A), (B), or (J) 1203. Fair day in court for kids (a) Improving immigration court efficiency and reducing costs by increasing access to legal information (1) Appointment of counsel in certain cases; right to review certain documents in removal proceedings Section 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) (A) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting , or in the case of an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) Attorney General (ii) in subparagraph (A)— (I) by striking , at no expense to the Government, (II) by striking the comma at the end and inserting a semicolon; (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; (iv) by inserting after subparagraph (A) the following: (B) the Attorney General, or in the case of an unaccompanied alien child, the Secretary of Health and Human Services, may appoint or provide counsel, at Government expense, to the alien; (C) the alien, at the beginning of such proceedings or as expeditiously as possible, shall automatically receive a complete copy of all relevant documents in the possession of the Department of Homeland Security (unless the alien waives the right to receive such documents by executing a knowing and voluntary written waiver in a language that he or she understands fluently), including— (i) all documents (other than documents protected from disclosure by privilege and documents containing national security information referred to in subparagraph (D), law enforcement sensitive information, or information prohibited from disclosure pursuant to any other provision of law) contained in the file maintained by the Government that includes information with respect to all transactions involving the alien during the immigration process (commonly referred to as an A-file (ii) all documents pertaining to the alien that the Department of Homeland Security has obtained or received from other government agencies; ; and (v) in subparagraph (D), as redesignated, by striking , and ; and (B) by adding at the end the following: (8) Failure to provide alien required documents In the absence of a waiver under paragraph (4)(C), a removal proceeding may not proceed until the alien— (A) has received the documents required under such paragraph; and (B) has been provided meaningful time to review and assess such documents. . (2) Clarification regarding the authority of the attorney general and the secretary of health and human services to appoint counsel to aliens in immigration proceedings Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 (A) by striking In any (a) In general In any proceeding conducted under section 235, 236, 238, 240, or 241, or under any other section of this Act, including ; (B) in subsection (a), as redesignated— (i) by striking (at no expense to the Government) (ii) by striking he shall the person shall (iii) by adding at the end the following: (b) Access to counsel (1) In general The Attorney General may appoint or provide counsel to aliens in any proceeding conducted under section 235, 236, 238, 240, or 241, or under any other section of this Act. (2) Unaccompanied alien children The Secretary of Health and Human Services may appoint or provide counsel to unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) (3) Immigration detention and border facilities The Secretary of Homeland Security shall ensure that aliens have access to counsel inside all immigration detention and border facilities. . (3) Appointment of counsel for children and vulnerable aliens (A) In general Section 292 of the Immigration and Nationality Act, as amended by subsection (b), is further amended by adding at the end the following: (c) Unaccompanied alien children Notwithstanding subsection (b), the Secretary of Health and Human Services shall appoint or provide counsel at Government expense, if necessary, at the beginning of immigration proceedings, or as expeditiously as possible, to represent in such proceedings unaccompanied alien children. (d) Other vulnerable aliens Notwithstanding subsection (b), the Attorney General shall appoint or provide counsel at Government expense, if necessary, at the beginning of immigration proceedings or as expeditiously as possible, to represent in such proceedings any alien who has been determined by the Secretary of Homeland Security or the Attorney General to be— (1) a child who is not an unaccompanied alien child; (2) a person with a disability; (3) a victim of abuse, torture, or violence; (4) an individual whose income is at or below 200 percent of the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) (5) an individual whose circumstances require the appointment of counsel to help ensure the fair resolution and efficient adjudication of the proceedings. (e) Extension to consolidated cases If the Attorney General has consolidated the case of an alien for whom counsel was appointed under subsection (c) or (d) with the case of another alien who does not have counsel, the counsel appointed under subsection (c) or (d), as applicable, shall be appointed to represent such other alien. (f) Authorization of appropriations There is authorized to be appropriated to the Office of Refugee Resettlement of the Department of Health and Human Services and to the Executive Office for Immigration Review of the Department of Justice, such sums as may be necessary to carry out this section. . (B) Rulemaking (i) Unaccompanied alien children The Secretary of Health and Human Services shall promulgate regulations to implement section 292(c) of the Immigration and Nationality Act, as added by subparagraph (A), in accordance with the requirements set forth in section 3006A of title 18, United States Code. (ii) Other vulnerable aliens The Attorney General shall promulgate regulations to implement section 292(d) of the Immigration and Nationality Act, as added by subparagraph (A), in accordance with the requirements set forth in section 3006A of title 18, United States Code. (b) Access by counsel and legal orientation at detention facilities (1) Access to counsel The Secretary of Homeland Security shall facilitate access to counsel for all aliens detained in facilities under the supervision of U.S. Immigration and Customs Enforcement or of U.S. Customs and Border Protection, including providing information to such aliens regarding legal services programs at detention facilities. (2) Access to legal orientation programs (A) Procedures The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures— (i) to ensure that legal orientation programs are available for all detained aliens, including aliens held in U.S. Customs and Border Protection facilities; and (ii) to inform such aliens of— (I) the basic procedures of immigration hearings; (II) their rights relating to such hearings under Federal immigration laws; (III) information that may deter such aliens from filing frivolous legal claims; and (iii) any other information that the Attorney General considers appropriate, such as a contact list of potential legal resources and providers. (B) Universal availability Access to legal orientation programs under subparagraph (A) may not be limited by the alien’s current immigration status, prior immigration history, or potential for immigration relief. (c) Report on access to counsel (1) Report Not later than December 31 each year, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of Health and Human Services, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives regarding the extent to which aliens described in subsections (c) and (d) of section 292 of the Immigration and Nationality Act, as added by subsection (a)(3)(A), have been provided access to counsel. (2) Contents Each report submitted pursuant to paragraph (1) shall include, for the immediately preceding 1-year period— (A) the number and percentage of aliens described in section 292(c) of the Immigration and Nationality Act and in paragraphs (1), (2), (3), and (4), respectively, of section 292(d) of such Act who were represented by counsel, including information specifying— (i) the stage of the legal process at which the alien was represented; and (ii) whether the alien was in government custody; and (B) the number and percentage of aliens who received legal orientation presentations. (d) Motions To reopen Section 240(c)(7)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C) (v) Special rule for aliens entitled to appointment of counsel If the Secretary of Health and Human Services or the Attorney General fail to appoint counsel for an alien in accordance with subsection (c) or (d) of section 292, as applicable— (I) no limitation under this paragraph pertaining to the filing of any motion under this paragraph by such alien shall apply; and (II) the filing of such a motion shall stay the removal of the alien. . C Protections for other vulnerable individuals 1 Stateless protection 1311. Protection of stateless persons in the United States (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. 245B. Protection of stateless persons in the United States (a) Definitions In this section: (1) Competent authority With respect to a foreign country, the term competent authority (A) means the authority responsible for— (i) conferring nationality on, or withdrawing nationality from, individuals; or (ii) in the case of nationality having been acquired or withdrawn automatically, clarifying the nationality status of an individual; and (B) includes a Federal, local, or regional government entity, a consular official, and a government official at any level, notwithstanding any process by which a decision by such an entity or official may later be overridden. (2) National; nationality The terms national nationality (A) refer to a formal link, of a political and legal character, between an individual and a country; and (B) do not include the concept of nationality relating to membership in a religious, linguistic, or ethnic group. (3) Noncitizen The term noncitizen alien (4) Operation of law; operation of its law The terms operation of law operation of its law (A) refer to the consideration by a competent authority of a country with respect to an individual in practice, including under the legislation, ministerial decrees, regulations, orders, judicial case law, and customary practices of the competent authority; and (B) include situations in which the position of the competent authority differs from the law as written, if the position of the competent authority that an individual is not a national of the country is determinative. (5) Relevant association The term relevant association (A) birth on the territory of the country; (B) descent from 1 or more individuals who are nationals of the country; (C) marriage to an individual who is a national of the country; (D) adoption by an individual who is a national of the country; or (E) habitual residence in the country. (6) Stateless person The term stateless person (b) Mechanisms for regularizing the status of stateless persons (1) Stateless protected status (A) Principal applicants Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— (i) is a stateless person present in the United States; (ii) applies for such relief; (iii) has not formally renounced his or her nationality as a result of voluntary, affirmative, and intentional action after arrival in the United States and after the date of the enactment of this section, unless the renunciation was the result of duress, coercion, or a reasonable expectation that the noncitizen had acquired or would acquire another nationality or citizenship; and (iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and (v) is not described in section 241(b)(3)(B)(i). (B) Treatment of spouse and children Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— (i) is the spouse or child of a noncitizen described in subparagraph (A), if such spouse or child is not otherwise eligible for admission under that subparagraph; (ii) is accompanying, or following to join, such noncitizen; (iii) established the qualifying relationship to such noncitizen before the date on which such noncitizen applied for stateless protected status; (iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and (v) is not described in section 241(b)(3)(B)(i). (C) Stateless protected status Noncitizens with stateless protected status— (i) shall— (I) receive relevant protections against deportation, removal, and detention, as described in paragraph (3); (II) be authorized for employment, as described in paragraph (4); and (III) be eligible to apply for a travel document, as described in paragraph (5); and (ii) shall not face limitations from immigration enforcement officials on their domestic travel. (D) Concurrent grant of lawful permanent residence (i) In general Except as provided in clause (ii), notwithstanding any other provision of law, immediately on granting stateless protected status to a noncitizen, the Secretary of Homeland Security shall adjust the status of the noncitizen to that of a noncitizen lawfully admitted for permanent residence. (ii) Exception The Secretary of Homeland Security may not adjust the status of a noncitizen with stateless protected status who is inadmissible under section 212(a)(2). (2) Waivers (A) In general Notwithstanding any other provision of law, the Secretary of Homeland Security may, for humanitarian purposes, in the interests of access to fundamental or enabling rights, to ensure family unity, or when it is otherwise in the public interest, waive the operation of the grounds of inadmissibility set forth in paragraphs (2) and (3) of section 212(a), for relief under this section. (B) Factors In making a determination under subparagraph (A), the Secretary of Homeland Security shall consider all relevant factors, including— (i) mitigating and aggravating factors of the basis for inadmissibility; (ii) the duration of the noncitizen’s residence in the United States; and (iii) the degree to which the noncitizen’s removal, or denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. (3) Release from post-removal detention A grant of stateless protected status under this section shall— (A) trigger immediate release of an individual from post-removal detention; (B) be considered to establish that there is no significant likelihood of the individual's removal in the reasonably foreseeable future; and (C) establish a presumption that travel documents are not available for the individual. (4) Employment authorization (A) In general An individual granted stateless protected status under this section shall receive employment authorization for a renewable period not less than 5 years. (B) Pending application (i) In general During the 150-day period after the date on which an application for status under this section is submitted, the Secretary of Homeland Security may authorize the applicant to engage in employment in the United States. (ii) Mandatory employment authorization If the Secretary of Homeland Security has not issued a decision within the 150-day period beginning on the date on which an application for status under this section is submitted, the Secretary of Homeland Security shall authorize the applicant to engage in employment in the United States until the date on which a decision is issued on the application for lawful permanent residence or stateless protected status. (5) Travel documents (A) In general On request, the Secretary of Homeland Security shall provide to any noncitizen granted relief under this section, a travel document that facilitates the noncitizen’s ability to travel abroad and to be admitted to the United States upon return. (B) Validity The minimum period of validity for a document issued under subparagraph (A) shall be 10 years. (6) Naturalization Notwithstanding any other provision of law, an individual granted lawful permanent residence status under paragraph (1)(D) may apply for naturalization after having resided continuously in the United States for at least 3 years beginning on the date on which such individual is granted lawful permanent resident status. (c) Evidentiary matters (1) In general In determining if an individual is a stateless person under this section, the Secretary of Homeland Security shall consider and obtain any credible evidence relevant to the application, including information from— (A) the Department of State, particularly the Bureau of Population, Refugees, and Migration and the Bureau of Democracy, Human Rights, and Labor; and (B) relevant international and foreign bodies, such as the United Nations High Commissioner for Refugees, nongovernmental organizations, and the competent authorities of other countries. (2) Designation of specific groups of stateless persons The Secretary of Homeland Security, in consultation with the Secretary of State, may designate 1 or more specific groups of individuals who shall be considered stateless persons for purposes of this section, and a noncitizen who belongs to a group so designated shall be considered a stateless person. (3) Burden of proof The burden of proof with respect to evidentiary matters relating to an application under this section shall be shared between the Secretary of Homeland Security and the applicant. (4) Standard of proof (A) In general A noncitizen shall be considered to be a stateless person if it is established to a reasonable degree that the noncitizen meets the definition of the term stateless person (B) Assessment of nationality The nationality of an individual shall be assessed as of the date on which a determination of eligibility under this section is made. (5) Submission of documentary evidence (A) Supporting documents from applicant An applicant for relief under this section shall submit, as part of the application for such relief— (i) a full and truthful account, to the best of the noncitizen’s knowledge, of such noncitizen’s legal status with regard to any country in which the applicant was born or resided before entering the United States or to which the applicant has a relevant association; and (ii) all evidence reasonably available, including any valid or expired travel document. (B) Evidence available to secretary of homeland security The Secretary of Homeland Security shall obtain and submit to the immigration officer or immigration judge and the applicant or, as applicable, the applicant’s counsel, all available evidence regarding the legal status of the applicant in the applicant’s country of birth or prior residence or any country to which the applicant has a relevant association, including information on the relevant laws and practices of the countries concerned. (C) Consideration of response The Secretary of Homeland Security may consider as substantial evidence that an individual is not considered by a country to be a national of the country the following: (i) After 120 days have elapsed after the Secretary of Homeland Security has requested information from the country with respect to the nationality status of the individual, the lack of response from the competent authority of the country. (ii) A pro forma response from the country that lacks an application of the law or facts to the particular individual. (iii) The refusal of the country to accept the individual for deportation or removal. (d) Fees The Secretary of Homeland Security may not charge a noncitizen any fee in connection with an application for, or issuance of, lawful status under this section, employment authorization, or travel documents. (e) Jurisdiction and review (1) In general The Director of U.S. Citizenship and Immigration Services shall have jurisdiction over an application for stateless protected status and adjustment of status filed by a noncitizen under this section. (2) Review A denial by the Secretary of Homeland Security of an application for relief under this section shall be subject to review by the Administrative Appeals Office of U.S. Citizenship and Immigration Services. (f) Effect on removal proceedings With respect to a noncitizen in removal proceedings who files an application for relief under this section, the Attorney General shall postpone the removal proceedings pending the adjudication of the application. (g) Applicants with final orders of removal (1) Motions to reopen (A) In general A noncitizen whose removal, deportation, or exclusion proceedings were concluded before the date of the enactment of this section, and who is eligible for relief under this section, may file 1 motion to reopen proceedings to apply for such relief not later than 1 year after the date of the enactment of this section. (B) Effect of limitations A time or numerical limitation on motions to reopen removal, deportation, or exclusion proceedings may not be construed to restrict the filing of a motion to reopen under this paragraph if such limitation is based on previously unavailable evidence or facts, or on changed facts or circumstances, including a discovery by a noncitizen that the noncitizen may be a stateless person. (2) Stay of removal (A) In general An applicant for relief under this section who has been issued a final order of removal, deportation, or exclusion may request a stay of removal, deportation, or exclusion. (B) Consideration of request With respect to an individual who requests a stay under subparagraph (A), if the Secretary of Homeland Security determines that the application for relief is bona fide, the Secretary shall automatically stay the execution of the final order of deportation, exclusion, or removal, and the stay will remain in effect until a final decision is made on the applications. (C) Effect of denial If the application is denied, the stay of the final order is deemed lifted as of the date of such denial, without regard to whether the noncitizen appeals the decision. (3) Termination On the grant of an application for relief under this section to a noncitizen with a final order of removal, deportation, or exclusion, the final order shall be deemed canceled by operation of law as of the date of the approval. (h) Exclusion from numerical limitations Individuals provided status under this section shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4). (i) Rule of construction Nothing in this section may be construed to authorize or require the admission of any noncitizen to the United States. (j) Reports (1) In general Not later than 120 days after the date of the enactment of this section, and every 90 days thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on— (A) the number of applications submitted under each of paragraphs (1), (4), and (5) of subsection (b) since the date of the enactment of this section, disaggregated by the country of birth of the applicants; and (B) average timelines for processing each such application. (2) Public availability The Secretary of Homeland Security shall publish each report submitted under paragraph (1) on the internet website of the Department of Homeland Security, respectively. (k) Publication of guidance Not later than 120 days after the date of the enactment of this section, the Secretary of Homeland Security shall publish all policy manuals, guidance, and application instructions relating to applications under this section on the internet website of the Department of Homeland Security. (l) Regulations The Secretary of Homeland Security may issue such regulations as the Secretary of Homeland Security considers appropriate to carry out this section. . (b) Technical and conforming amendments (1) Table of contents The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. Sec. 245B. Protection of stateless persons in the United States. . (2) Exception for unlawful presence of stateless persons Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B)(iii) (V) Stateless persons Clause (i) shall not apply to a noncitizen who demonstrates that he or she is a stateless person (as defined in section 245B(a)). . 1312. Prevention of statelessness (a) Births to United States citizens overseas Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 (1) in subsection (g), by striking ; and (2) in subsection (h), by striking the period at the end and inserting ; and (3) by adding at the end the following: (i) a person born to a citizen of the United States outside the United States or in an outlying possession of the United States, if such person is born as a stateless person (as defined in section 245B(a)). . (b) Foundlings Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 (f) a person of unknown parentage found in the United States while under the age of 18 years, until shown, prior to the person attaining the age of 21 years, not to have been born in the United States; . (c) Stateless safeguards for derivative citizenship and international adoptions (1) Stateless safeguards Section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 (e) (1) Notwithstanding any other provision of law, a person born outside the United States or in an outlying possession who is or becomes a stateless person (as defined in section 245B(a)) automatically becomes a citizen of the United States on the date on which one of the following conditions has been fulfilled: (A) One parent is or was a citizen of the United States. (B) The person was adopted by— (i) a citizen of the United States; or (ii) an individual who became a citizen of the United States after the date of such adoption. (2) This subsection applies to any person who meets the criteria under paragraph (1) at any time. . (2) Age Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) (2) The child is under the age of 21 years. . (3) Entry and custody Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) (3) The child is residing in the United States, and provided such child is under the legal age of adulthood in the State in which the parent of the child or the child resides, is in the legal and physical custody of the citizen parent. . (d) Programs To prevent statelessness The Secretary of Homeland Security and Secretary of State shall jointly establish and carry out initiatives to prevent statelessness from occurring, which may include— (1) an assessment of United States citizenship law to determine and amend any provision of law that results in statelessness or a delayed acquisition of nationality that increases the risk of statelessness; (2) studies on the profiles and number of stateless people living in the United States; (3) programs to promote inclusive and nondiscriminatory nationality laws and practices in other countries, with particular attention to the prevention of atrocity crimes; (4) programs to encourage other countries to establish stateless status determination and protection legislation; and (5) grants to universities and nongovernmental organizations to accelerate research, education, curricula, and knowledge on nationality law and practice and statelessness. 2 Other individuals 1321. Protecting victims of terrorism from being defined as terrorists (a) Security and related grounds Section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) (B) Terrorist activities (i) In general Any alien who— (I) has engaged in a terrorist activity; (II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable grounds to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (ii)); (III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity; (IV) is a representative (as defined in clause (v)) of— (aa) a terrorist organization described in subclause (I) or (II) of clause (vi)); and (bb) a political, social, or other group that endorses or espouses terrorist activity; (V) is a member of a terrorist organization described in subclause (I) or (II) of clause (vi); (VI) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or to support a terrorist organization described in subclause (I) or (II) of clause (vi); or (VII) has received military-type training (as defined in section 2339D (c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization described in subclause (I) or (II) of clause (vi)), or was a terrorist organization described in subclause (III) of such clause and there are reasonable grounds for regarding the alien as a danger to the security of the United States, is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this Act, to be engaged in a terrorist activity. (ii) Terrorist activity defined In this Act, the term terrorist activity (I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle). (II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to carry out or abstain from carrying out any act as an explicit or implicit condition for the release of the individual seized or detained. (III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such person. (IV) An assassination. (V) The use, with the intent to endanger the safety of 1 or more individuals or to cause substantial damage to property, of any— (aa) biological agent, chemical agent, or nuclear weapon or device; or (bb) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property. (VI) A threat, attempt, or conspiracy to do any of the foregoing. (iii) Engage in terrorist activity defined In this Act, the term engage in terrorist activity (I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; (II) to prepare or plan a terrorist activity; (III) to gather information on potential targets for terrorist activity; (IV) to solicit funds or other things of value for— (aa) a terrorist activity; or (bb) a terrorist organization described in subclause (I) or (II) of clause (vi)(II); (V) to solicit any individual— (aa) to engage in conduct otherwise described in this subsection; or (bb) for membership in a terrorist organization described in subclause (I) or (II) of clause (vi); or (VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training— (aa) for the commission of a terrorist activity; (bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity; or (cc) to a terrorist organization described in subclause (I) or (II) of clause (vi) or to any member of such an organization. (iv) Material support In this Act, the term material support (v) Representative defined In this paragraph, the term representative (vi) Terrorist organization defined In this section, the term terrorist organization (I) designated under section 219; or (II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv). . (b) Child soldiers (1) Inadmissibility Section 212(a)(3)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(G) (A) by striking Any alien (i) In general Any alien ; and (B) by adding at the end the following: (ii) Applicability Clause (i) shall not apply to an alien who establishes that the actions giving rise to inadmissibility under such clause were committed under duress or carried out while the alien was younger than 18 years of age. . (2) Deportability Section 237(a)(4)(F) of such Act ( 8 U.S.C. 1227(a)(4)(F) (A) by striking Any alien (i) In general Any alien ; and (B) by adding at the end the following: (ii) Applicability Clause (i) shall not apply to an alien who establishes that the actions giving rise to deportability under such clause were committed under duress or carried out while the alien was younger than 18 years of age. . (c) Temporary admission of nonimmigrants Section 212(d)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(3)(B)(i) (B) (i) The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may conclude, in such Secretary's sole, unreviewable discretion, that subsection (a)(3)(B) shall not apply to an alien or that subsection (a)(3)(B)(iii)(V)(cc) shall not apply to a group. The Secretary of State may not exercise discretion under this clause with respect to an alien after removal proceedings against the alien have commenced under section 240. . 1322. Protection for aliens interdicted at sea (a) In general Section 241(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3) (1) in the paragraph heading, by striking to a country where alien’s life or freedom would be threatened or return if refugee’s life or freedom would be threatened or alien would be subjected to torture (2) in subparagraph (A)— (A) by striking Notwithstanding (i) Life or freedom threatened Notwithstanding ; and (B) by adding at the end the following: (ii) Asylum interview Notwithstanding paragraphs (1) and (2), a United States officer may not return any alien interdicted or otherwise encountered in international waters or United States waters who has expressed a fear of return to his or her country of departure, origin, or last habitual residence— (I) until such alien has been granted a confidential interview by an asylum officer, in a language the alien claims to understand, to determine whether that alien has a well-founded fear of persecution because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion, or because the alien would be subject to torture in that country; or (II) if an asylum officer has determined that the alien has such a well-founded fear of persecution or would be subject to torture in his or her country of departure, origin, or last habitual residence. ; (3) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and (4) by inserting after subparagraph (A) the following: (B) Protections for aliens interdicted in international or United States waters The Secretary of Homeland Security shall issue regulations establishing a uniform procedure applicable to all aliens interdicted in international or United States waters that— (i) provides each alien— (I) a meaningful opportunity to express, through a translator who is fluent in a language the alien claims to understand, a fear of return to his or her country of departure, origin, or last habitual residence; and (II) in a confidential interview and in a language the alien claims to understand, information concerning the alien’s interdiction, including the ability of the alien to inform United States officers about any fears relating to the alien’s return or repatriation; (ii) provides each alien expressing such a fear of return or repatriation a confidential interview conducted by an asylum officer, in a language the alien claims to understand, to determine whether the alien’s return to his or her country of departure, origin, or last habitual residence is prohibited because the alien has a well-founded fear of persecution— (I) because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion; or (II) because the alien would be subject to torture in that country; (iii) ensures that each alien can effectively communicate with United States officers through the use of a translator fluent in a language the alien claims to understand; and (iv) provides each alien who, according to the determination of an asylum officer, has a well-founded fear of persecution for the reasons specified in clause (ii), or who would be subject to torture, an opportunity to seek protection in— (I) a country other than the alien’s country of departure, origin, or last habitual residence in which the alien has family or other ties that will facilitate resettlement; or (II) if the alien has no such ties, a country that will best facilitate the alien’s resettlement, which may include the United States. . (b) Conforming amendments (1) Section 240A(c)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(c)(5) section 241(b)(3)(B)(i) section 241(b)(3)(C)(i) (2) Section 242(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1252(b)(4) 241(b)(3)(C) 241(b)(3)(D) 1323. Enhanced protection for individuals seeking U visas, T visas, and protection under VAWA (a) Employment authorization for T visa applicants Section 214(o) ( 8 U.S.C. 1184(o) (8) Notwithstanding any provision of this Act granting eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to an alien who has filed a petition for nonimmigrant status under section 101(a)(15)(T) on the date that is the earlier of— (A) the date on which the alien’s petition for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which such alien filed such petition. . (b) Increased accessibility and employment authorization for U visa applicants Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) (1) in paragraph (2)(A), by striking 10,000 20,000 (2) in paragraph (6), by striking the last sentence; and (3) by adding at the end the following: (8) Employment authorization Notwithstanding any provision of this Act granting eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section 101(a)(15)(U) on the date that is the earlier of— (A) the date on which the alien’s application for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which such alien filed such application. . (c) Prohibition on removal of certain victims with pending petitions and applications (1) In general Section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following: (e) Prohibition on removal of certain victims with pending petitions and applications (1) In general An alien described in paragraph (2) shall not be removed from the United States under this section or any other provision of law until there is a final denial of the alien’s application for status after the exhaustion of administrative and judicial review. (2) Aliens described An alien described in this paragraph is an alien who— (A) has a pending application or petition under— (i) subparagraph (T) or (U) of section 101(a)(15); (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending application for relief under a provision referred to in any of subparagraphs (A) through (G) of such section. . (2) Conforming amendment Section 240(b)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(7) subsection (e)(1) subsection (f) (d) Prohibition on detention of certain victims with pending petitions and applications Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (f) Prohibition on detention of certain victims with pending petitions and applications (1) Presumption of release (A) In general Notwithstanding any other provision of this Act, there shall be a presumption that an alien described in paragraph (2) should be released from detention. (B) Rebuttal The Secretary of Homeland Security may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that— (i) the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings; or (ii) the alien is a threat to another person or the community. (C) Pending criminal charge A pending criminal charge against an alien may not be the sole factor to justify the continued detention of the alien. (2) Alien described An alien described in this paragraph is an alien who— (A) has a pending application under— (i) subparagraph (T) or (U) of section 101(a)(15); (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending petition for relief under a provision referred to in any of subparagraphs (A) through (G) of such section. . D Protections relating to removal, detention, and prosecution 1401. Prevention of erroneous in absentia orders of removal (a) Written record of address Section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) (1) in paragraph (1)(F), by inserting the Secretary of Homeland Security or the Attorney General (2) in paragraph (2)(A) by striking the alien or to the alien’s counsel of record the alien and to the alien’s counsel of record. (b) Removal in absentia and rescission of removal orders Section 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) (1) in paragraph (5)— (A) by amending subparagraph (A) to read as follows: (A) Removal in absentia (i) In general Any alien who, after a proceeding under this section is rescheduled by an immigration judge due to the alien’s failure to attend such proceeding, and written notice required under paragraph (1) or (2) of section 239(a) has been provided to the alien and the alien’s counsel of record, does not attend a proceeding under this section, may be ordered removed in absentia if the Department of Homeland Security establishes by clear, unequivocal, and convincing evidence that— (I) sufficient written notice was so provided; (II) the alien is removable; and (III) in the case of an alien required to periodically report to the Department of Homeland Security, the alien has demonstrated a pattern of failing to report. (ii) Sufficient notice The written notice by the Secretary of Homeland Security or the Attorney General shall be considered sufficient for purposes of this subparagraph if— (I) the notice includes— (aa) the accurate date, time, and court location at which the alien is required to appear; and (bb) the date on which the notice was issued; (II) the notice is provided at the most recent complete physical address provided under section 239(a); and (III) the certificate of service for the notice indicates that oral notice and a recitation of the consequences of failure to appear were provided— (aa) in the native language of the alien; or (bb) in a language the alien understands. ; and (B) by amending paragraph (C) to read as follows: (C) Rescission of order (i) In general Such an order may be rescinded only— (I) upon a motion to reopen filed at any time after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances; (II) upon a motion to reopen filed at any time if the alien demonstrates that the alien did not receive notice in accordance with paragraph (1) or (2) of section 239(a) or the alien demonstrates that the alien was in Federal or State custody and the failure to appear was through no fault of the alien; (III) in the case of an alien who is a minor child, upon a motion to reopen filed at any time; or (IV) upon a motion to reopen filed at any time if the alien has a pending application for asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, or demonstrates that he or she has a credible claim to any such protection. (ii) Stay of removal The filing of the motion to reopen described in clause (i) shall stay the removal of the alien pending disposition of the motion by the immigration judge. ; and (2) by adding at the end the following: (9) Check-in history Before an immigration judge conducts a proceeding under this section, the Secretary of Homeland Security shall report to the immigration judge the extent to which the alien has complied with any requirement to report periodically the whereabouts of the alien to the Secretary of Homeland Security. . 1402. Scope and standard for review of removal orders Section 242(b) of the Immigration and Nationality Act ( 8 U.S.C. 1252(b) (1) in paragraph (1)— (A) by striking The petition (A) In general The petition ; and (B) by adding at the end the following: (B) Prohibition on removal An alien shall not be removed during such 30-day period unless the alien indicates in writing that he or she wishes to be removed before the expiration of such period. . (2) by striking paragraph (4) and inserting the following: (4) Scope and standard for review (A) In general Except as provided in paragraph (5)(B), the court of appeals shall sustain a final decision ordering removal unless it is contrary to law, an abuse of discretion, or not supported by substantial evidence. (B) Decision based on administrative record The court of appeals shall decide the petition based solely on the administrative record on which the order of removal is based. (C) Availability of review (i) In general The court of appeals shall maintain jurisdiction to review discretionary determinations arising in a claim for asylum. (ii) Jurisdiction over denials Notwithstanding section 242(a)(2)(C), the court of appeals shall maintain jurisdiction to review all denials of requests for withholding of removal under to section 241(b)(3) or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. . 1403. Presumption of liberty for asylum seekers (a) Custody determination (1) Initial determination (A) In general With respect to an alien who has expressed fear of returning to his or her home country or an intent to apply for asylum in the United States, the Secretary shall make an initial written custody determination with respect to the alien and provide the determination to the alien not later than 48 hours after, as applicable— (i) the Secretary takes the alien into custody; or (ii) in the case of an alien already in the custody of the Secretary, the alien expresses such fear or intent. (B) Least restrictive conditions A custody determination under this paragraph shall impose the least restrictive conditions if the Secretary determines that the release of an alien— (i) will not reasonably ensure the appearance of the alien as required; or (ii) will endanger the safety of any other person or the community. (C) Applicability This paragraph shall not apply to unaccompanied alien children (as defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279g (2) Presumption of release (A) In general In a hearing under this subsection, there shall be a presumption that the alien should be released. (B) Rebuttal The Secretary may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that— (i) the use of alternatives to detention, including release on recognizance or on a reasonable bond, will not reasonably ensure the appearance of the alien at removal proceedings; or (ii) the alien is a threat to another person or the community. (C) Pending criminal charge A pending criminal charge against an alien may not be the sole factor to justify the continued detention of the alien. (D) Evidence of identity The inability of an alien to reasonably provide government-issued evidence of identity, including the inability of the alien to contact the government of the country of nationality of the alien so as not to alert such government of the whereabouts of the alien, may not be the sole factor to justify the continued detention of the alien. (E) Pre-existing community ties A lack of pre-existing community ties in the United States shall not preclude the release of an alien. (b) Least restrictive conditions required (1) In general If the Secretary or an immigration judge determines, pursuant to a hearing under this section, that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other person or the community, the Secretary or the immigration judge shall order the least restrictive conditions or combination of conditions that the Secretary or judge determines will reasonably ensure the appearance of the alien and the safety of any other person and the community, which may include— (A) release on recognizance; (B) secured or unsecured release on bond; or (C) participation in a program described in subsection (d). (2) Monthly review Any condition assigned to an alien under paragraph (1) shall be reviewed by an immigration judge on a monthly basis. (c) Special rule for vulnerable persons and primary caregivers (1) In general In the case that the alien who is the subject of a custody determination under this section is a vulnerable person or a primary caregiver, the alien may not be detained unless the Secretary demonstrates, in addition to the requirements under subsection (a)(2), that it is unreasonable or not practicable to place the individual in a community-based supervision program. (2) Definitions In this subsection: (A) Material witness The term material witness (B) Primary caregiver The term primary caregiver (C) Vulnerable person The term vulnerable person (i) is under 21 years of age or over 60 years of age; (ii) is pregnant; (iii) identifies as lesbian, gay, bisexual, transgender, or intersex; (iv) is a victim or witness of a crime; (v) has filed a nonfrivolous civil rights claim in Federal or State court; (vi) has filed, or is a material witness to, a bonafide workplace claim; (vii) has a serious mental or physical illness or disability; (viii) has been determined by an asylum officer in an interview conducted under section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) (ix) has limited English language proficiency and is not provided access to appropriate and meaningful language services in a timely fashion; or (x) has been determined by an immigration judge or the Secretary of Homeland Security to be experiencing severe trauma or to be a survivor of torture or gender-based violence, based on information obtained during intake, from the alien’s attorney or legal service provider, or through credible self-reporting. (D) Workplace claim The term workplace claim (d) Alternatives to detention (1) In general The Secretary shall establish programs that provide alternatives to detaining aliens, which shall offer a continuum of supervision mechanisms and options, including community-based supervision programs and community support. (2) Contracts with nongovernmental organizations The Secretary shall contract with nongovernmental community-based organizations to provide services for programs under paragraph (1), including case management services, appearance assistance services, and screenings of detained aliens. (3) Individualized determination required (A) In general In determining whether to order an alien to participate in a program under this subsection, the Secretary or an immigration judge, as applicable, shall make an individualized determination with respect to the appropriate level of supervision for the alien. (B) Limitation Participation in a program under this subsection may not be ordered for an alien for whom it is determined that release on reasonable bond or recognizance— (i) will reasonably ensure the appearance of the alien as required; and (ii) will not pose a threat to any other person or the community. (e) Regular review of custody determinations and conditions of release (1) Timing In the case of an alien who seeks to challenge the initial custody determination under subsection (a)(1), not later than 72 hours after the initial custody determination, the alien shall be provided with the opportunity for a hearing before an immigration judge to determine whether the alien should be detained. (2) Subsequent determinations An alien who is detained under this section shall be provided with a de novo custody determination hearing under this subsection— (A) every 60 days; and (B) on a showing of— (i) changed circumstances; or (ii) good cause for such a hearing. 1404. Procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority (a) In general The Secretary shall establish quality assurance procedures to ensure the accuracy and verifiability of signed or sworn statements taken by employees of the Department exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) (b) Recording of interviews (1) In general Any sworn or signed written statement taken from an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(A) (2) Content The recording shall include— (A) a reading of the entire written statement to the alien in a language that the alien claims to understand; and (B) the verbal affirmation by the alien of the accuracy of— (i) the written statement; or (ii) a corrected version of the written statement. (3) Format The recording shall be made in video, audio, or other equally reliable format. (4) Evidence Recordings of interviews under this subsection may be considered as evidence in any further proceedings involving the alien. (c) Exemption authority (1) Exempted facilities Subsection (b) shall not apply to interviews that occur at detention facilities exempted by the Secretary under this subsection. (2) Criteria The Secretary, or a designee of the Secretary, may exempt any detention facility if compliance with subsection (b) at that facility would impair operations or impose undue burdens or costs. (3) Report The Secretary shall annually submit to Congress a report that identifies the facilities that have been exempted under this subsection. (4) No private cause of action Nothing in this subsection may be construed to create a private cause of action for damages or injunctive relief. (d) Interpreters The Secretary shall ensure that a professional fluent interpreter is used if— (1) the interviewing officer is not certified by the Department to speak a language understood by the alien; and (2) there is no other Federal Government employee available who is able to interpret effectively, accurately, and impartially. 1405. Inspections by immigration officers Section 235(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1225(a)(3) (1) by striking All aliens (A) In general All aliens; ; and (2) by adding at the end the following: (B) An immigration officer shall accept for inspection, and may not turn back, expel, instruct to return at a later time, refuse to inspect, or otherwise reject in any manner whatsoever, an applicant for admission who indicates— (i) an intent to apply for asylum under section 208; or (ii) a fear of persecution. (C) Special rule for asylum seekers A noncitizen may not be returned to a contiguous country if the noncitizen indicates an intent to apply for asylum or a fear of persecution. . 1406. Study on effect on asylum claims of expedited removal provisions, practices, and procedures (a) Study (1) In general The Commission shall conduct a study to determine whether immigration officers are engaging in conduct described in paragraph (2). (2) Conduct described The conduct described in this paragraph is the following: (A) Improperly encouraging an alien to withdraw or retract an asylum claim. (B) Incorrectly failing to refer an alien for an interview by an asylum officer to determine whether the alien has a credible fear of persecution, including failing to record the expression of an alien of fear of persecution or torture. (C) Incorrectly removing an alien to a country in which the alien may be persecuted. (D) Detaining an alien improperly or under inappropriate conditions. (E) Improperly separating a family unit after a member of the family unit has expressed a credible fear of persecution. (F) Improperly referring an alien for processing under an enforcement or deterrence program, such as the consequence delivery system. (b) Report Not later than 2 years after the date on which the Commission initiates the study under subsection (a), the Commission shall submit to the appropriate committees of Congress a report describing the results of the study. (c) Staffing (1) Agency employees (A) Identification The Commission may identify employees of the Department of Homeland Security, the Department of Justice, and the Government Accountability Office who have significant expertise and knowledge of refugee and asylum issues. (B) Designation At the request of the Commission, the Secretary, the Attorney General, and the Comptroller General of the United States shall authorize the employees identified under subparagraph (A) to assist the Commission in conducting the study under subsection (a). (2) Additional staff The Commission may hire additional staff and consultants to conduct the study under subsection (a). (3) Access to proceedings (A) In general Except as provided in subparagraph (B), the Secretary and the Attorney General shall provide staff designated under paragraph (1)(B) or hired under paragraph (2) with unrestricted access to all stages of all proceedings conducted under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) (B) Exceptions The Secretary and the Attorney General may not permit unrestricted access under subparagraph (A) if— (i) the alien subject to a proceeding under such section 235(b) objects to such access; or (ii) the Secretary or Attorney General determines that the security of a particular proceeding would be threatened by such access. (d) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives. (2) Commission The term Commission (3) Credible fear of persecution The term credible fear of persecution 8 U.S.C. 1225(b)(1)(B)(v) (4) Immigration officer The term immigration officer 8 U.S.C. 1225(b) (A) are apprehended after entering the United States; (B) may be eligible to apply for asylum under section 208 of that Act ( 8 U.S.C. 1158 (C) may have a credible fear of persecution. 1407. Alignment with Refugee Convention obligations by prohibiting criminal prosecution of refugees (a) In general An alien who has expressed a credible or reasonable fear of persecution, filed an application for asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, or expressed an intent to file such an application, may not be prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) (1) the date on which any such application has been finally adjudicated and denied, including any appeals of such denial; or (2) in the case of an alien who expresses an intent to file such an application, the date on which any applicable time limitation for the filing of such an application under section 208 of such Act has ended with an application being filed. (b) Affirmative defense If an alien is prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) (c) Treaty obligations In accordance with the treaty obligations of the United States under Article 31 of the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)), an alien who has been granted asylum or withholding of removal under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. 8 U.S.C. 1325(a) E Refugee resettlement 1501. Sense of Congress on coordination of refugee program agencies It is the sense of the Congress that— (1) the President should appoint a White House Coordinator on Refugee Protection and grant such official the authority and staff necessary to coordinate, prioritize, and lead efforts to address refugee protection issues that involve multiple agencies, including the refugee admissions program, and to resolve interagency differences in a timely, efficient, and effective manner; and (2) such position should be at a senior level and require as a condition for appointment a significant level of prior experience in the refugee protection field. 1 Refugee Admissions 1511. Numerical goals for annual refugee admissions Section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (1) in subsection (a)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (6), respectively; (C) in paragraph (1), as so redesignated— (i) by inserting (A) before Except as provided (ii) by striking after fiscal year 1982 (iii) by striking is justified interest. (i) justified by humanitarian concerns or otherwise in the national interest; and (ii) not fewer than 125,000. ; and (iv) by adding at the end the following: (B) If the President does not issue a determination under this paragraph before the beginning of a fiscal year, the number of refugees who may be admitted under this section shall be 125,000. (2) Each officer of the Federal Government responsible for refugee admissions or refugee resettlement shall treat a determination under paragraph (1) and subsection (b) as the numerical goals for refugee admissions under this section for the applicable fiscal year. ; (D) by inserting after paragraph (3) the following: (4) In making a determination under paragraph (1), the President shall consider the number of refugees who, during the calendar year beginning immediately after the beginning of the applicable fiscal year, are in need of resettlement in a third country, as determined by the United Nations High Commissioner for Refugees in the most recently published projected global resettlement needs report. (5) The President shall determine regional allocations for admissions under this subsection, that— (A) shall consider the projected needs identified by the United Nations High Commissioner for Refugees in the projected global resettlement needs report for the calendar year beginning immediately after the beginning of the applicable fiscal year; and (B) shall include an unallocated reserve that the Secretary of State, after notifying the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, may use for 1 or more regions in which the need for additional refugee admissions arises. ; (E) in paragraph (6), as so redesignated, by striking (beginning with fiscal year 1992) (F) by adding at the end the following: (7) All officers of the Federal Government responsible for refugee admissions or refugee resettlement shall treat the determinations made under this subsection and subsection (b) as the refugee admissions goal for the applicable fiscal year. ; and (2) by adding at the end the following: (g) Quarterly reports on admissions Not later than 15 days after the last day of each quarter, the President shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following: (1) Refugees admitted (A) The number of refugees admitted to the United States during the preceding quarter. (B) The number of refugees admitted to the United States during the preceding quarter, expressed as a percentage of the number of refugees authorized to be admitted in accordance with the determinations under subsections (a) and (b) for the applicable fiscal year. (C) The cumulative number of refugees admitted to the United States during the applicable fiscal year, as of the last day of the preceding quarter. (D) The number of refugees to be admitted to the United States during the remainder of the applicable fiscal year so as to achieve the numerical goals set forth in the determinations under subsections (a) and (b) for such fiscal year. (E) The number of refugees from each region admitted to the United States during the preceding quarter, expressed as a percentage of the allocation for each region under subsection (a)(5) for the applicable fiscal year. (2) Aliens with security advisory opinions (A) The number of aliens, by nationality, for whom a Security Advisory Opinion has been requested who were security-cleared during the preceding quarter, expressed as a percentage of all cases successfully adjudicated by the Director of U.S. Citizenship and Immigration Services in the applicable fiscal year. (B) The number of aliens, by nationality, for whom a Security Advisory Opinion has been requested who were admitted to the United States during the preceding quarter. (3) Circuit rides (A) For the preceding quarter— (i) the number of Refugee Corps officers deployed on circuit rides, expressed as a percentage of the overall number of Refugee Corps officers; (ii) the number of individuals interviewed— (I) on each circuit ride; and (II) at each circuit ride location; (iii) the number of circuit rides; and (iv) for each circuit ride— (I) the duration of the circuit ride; (II) the average number of interviews conducted daily on the circuit ride; and (III) the percentages of interviews conducted for— (aa) individuals who require Security Advisory Opinions; and (bb) individuals who do not require Security Advisory Opinions. (B) For the subsequent quarter— (i) the number of circuit rides scheduled; and (ii) the number of circuit rides planned. (4) Processing For the preceding quarter— (A) the average number of days between— (i) the date on which an individual is identified by the United States Government as a refugee; and (ii) the date on which such individual is interviewed by the Secretary of Homeland Security; (B) the average number of days between— (i) the date on which an individual identified by the United States Government as a refugee is interviewed by the Secretary of Homeland Security; and (ii) the date on which such individual is admitted to the United States; and (C) with respect to individuals identified by the United States Government as refugees who have been interviewed by the Secretary of Homeland Security, the approval, denial, and hold rates for the applications for admission of such individuals, by nationality. (5) Plan and additional information (A) A plan that describes the procedural or personnel changes necessary to ensure the admission of the number of refugees authorized to be admitted to the United States in accordance with determinations under subsections (a) and (b), including a projection of the number of refugees to be admitted to the United States each month so as to achieve the numerical goals set forth in such determinations. (B) Additional information relating to the pace of refugee admissions, as determined by the President. (h) Rule of construction Nothing in this section may be construed— (1) to inhibit the expeditious processing of refugee and asylum applications; (2) to restrict the authority of the Secretary of Homeland Security to admit aliens to the United States under any other Act; or (3) to prevent the executive branch from increasing the numerical goal of refugee admissions or regional allocations based on emerging or identified resettlement needs during and throughout the fiscal year. . 1512. Reform of refugee admissions consultation process Section 207(e) of the Immigration and Nationality Act ( 8 U.S.C. 1157(e) (1) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively; (2) in the matter preceding subparagraph (A), as so redesignated— (A) by inserting (1) (e) (B) by inserting , which shall be commenced not later than May 1 of each year and continue periodically throughout the remainder of the year, if necessary, discussions in person (3) in the undesignated matter following subparagraph (G), as so redesignated, by striking To the extent possible, (2) To the extent possible ; and (4) by adding at the end the following: (3) (A) The plans referred to in paragraph (1)(C) shall include estimates of— (i) the number of refugees the President expects to have ready to travel to the United States at the beginning of the fiscal year; (ii) the number of refugees and the stipulated populations the President expects to admit to the United States in each quarter of the fiscal year; and (iii) the number of refugees the President expects to have ready to travel to the United States at the end of the fiscal year. (B) The Secretary of Homeland Security shall ensure that an adequate number of refugees are processed during the fiscal year to fulfill the refugee admissions goals under subsections (a) and (b). (C) In fulfilling the requirements of this subsection, the President shall— (i) establish specific objectives or measurements for the integration of refugees admitted to the United States; and (ii) submit an annual report to Congress on the integration of resettled refugees on the basis of such objectives or measurements. . 1513. United States emergency refugee resettlement contingency fund (a) Establishment There is established in the Treasury of the United States a fund, to be known as the Domestic Emergency Refugee Resettlement Contingency Fund Fund Assistant Secretary (b) Purpose Amounts from the Fund shall be used to enable the Assistant Secretary to operate programs and carry out efforts and initiatives to respond to urgent, unanticipated, or underfunded refugee and entrant assistance activities under— (1) the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (2) section 602(b) of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 8 U.S.C. 1101 (3) section 501 of the Refugee Education Assistance Act of 1980 ( Public Law 96–422 8 U.S.C. 1522 (4) the Torture Victims Relief Act of 1998 ( Public Law 105–320 22 U.S.C. 2152 (5) the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq. (6) section 1244 of the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 8 U.S.C. 1157 (7) section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (8) section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 (c) Use of funds Amounts from the Fund— (1) shall be subject to the same limitations set forth in title V of division H of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (2) may only be used for initiatives that— (A) replenish any previously appropriated funds that have been reprogrammed, transferred, or withheld from programs, projects, or activities that serve refugees and entrants under the authorities described in subsection (b); (B) stabilize existing programs, projects, and activities that serve such refugees and entrants by augmenting funds previously appropriated to serve such refugees and entrants; (C) identify unmet resettlement or integration needs of such refugees and entrants and implement solutions for such needs; and (D) meet such other needs as the Assistant Secretary considers appropriate, consistent with the purpose under subsection (b). (3) Protection from reprogramming Notwithstanding any other provision of law, none of the amounts deposited into or made available from the Fund may be transferred, reprogrammed, or otherwise made available for any purpose or use not specified in this section. (d) Availability of funds Amounts in the Fund shall be available to the Assistant Secretary to meet the purpose described in subsection (b) in the national interest of the United States, as determined by the Assistant Secretary. (e) Authorization of appropriations (1) In general Subject to paragraph (2), there is authorized to be appropriated to the Assistant Secretary from time to time such amounts as may be necessary for the Fund to carry out the purpose described in subsection (b). (2) Limitation No amount of funds may be appropriated that, when added to amounts previously appropriated but not yet obligated, would cause such amount to exceed $300,000,000. (3) Justification to Congress The President shall provide to the appropriate committees of Congress a justification for each request for appropriations under this section. 1514. Complementary pathways (a) Sense of Congress It is the sense of Congress that any complementary pathways program described in subsection (b) should be in addition to, and not in lieu of, the United States Refugee Admissions Program. (b) Study Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on, and make recommendations pertaining to, complementary pathways to protection in the United States, including scholastic resettlement and labor mobility programs or other parallel systems for admitting refugees and individuals fleeing violence and persecution. 2 Resettlement program and support 1521. Elevation of Office of Refugee Resettlement (a) In general Section 411(a) of the Immigration and Nationality Act ( 8 U.S.C. 1521(a) The head of the Office of Refugee Resettlement in the Department of Health and Human Services shall be an Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement (hereinafter in this chapter referred to as the Assistant Secretary (b) Conforming amendments (1) Section 411(b) of the Immigration and Nationality Act ( 8 U.S.C. 1521(b) Director Assistant Secretary (2) Section 412 of the Immigration and Nationality Act ( 8 U.S.C. 1522 Director Assistant Secretary (3) Section 413 of the Immigration and Nationality Act ( 8 U.S.C. 1523 Director Assistant Secretary (4) Section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 Director Assistant Secretary (c) References Any reference to the Director of the Office of Refugee Resettlement in any other Federal law, Executive order, rule, regulation, operating instruction, or delegation of authority, or any document of or pertaining to the Department of Health and Human Services or the Office of Refugee Resettlement that refers to the Director of the Office of Refugee Resettlement, shall be deemed to refer to the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. 1522. Refugee resettlement; radius requirements The Bureau of Population, Refugees, and Migration shall not require a refugee to be resettled within a prescribed radius of a refugee resettlement office. 1523. Study and report on contributions by refugees to the United States (a) In general Not later than 2 years after the date of the enactment of this Act, and not less frequently than every 5 years thereafter, the Comptroller General of the United States shall conduct a study on the economic, social, and other contributions that refugees make to the United States. (b) Matters To be included The study conducted under subsection (a) shall include the following: (1) An assessment of economic contributions made by refugees, including— (A) during the first year, 5 years, 10 years, and 20 years following the arrival of a refugee in the United States— (i) a description of industries in which the most refugees work; (ii) an analysis of the economic and spending power of refugees; (iii) the rate of home ownership of refugees; (iv) the estimated net amount of revenue refugees contribute to the United States, as compared to the cost of government benefits accessed by refugees; and (v) the estimated gross amount of taxes refugees contribute; (B) the estimated rate of entrepreneurship of refugees during the first year, 5 years, 10 years, and 20 years after the arrival of a refugee; (C) the number of jobs created by refugee businesses; and (D) the labor markets for which refugees fill critical gaps. (2) An assessment of the rate of refugee self-sufficiency and a description of unmet needs and outcomes, including— (A) the manner in which the Office of Refugee Resettlement defines self-sufficiency; (B) an assessment as to whether such definition is adequate in addressing refugee needs in the United States; (C) an analysis of the unmet needs and outcomes of refugees; and (D) an evaluation of the budgetary resources of the Office of Refugee Resettlement and a projection of the amount of additional resources necessary to fully address the unmet needs of refugees and all other populations within the mandate of the Office of Refugee Resettlement, with respect to self-sufficiency. (3) Recommendations on ways in which the Office of Refugee Resettlement may improve the rate of self-sufficiency, outcomes, and the domestic refugee program with respect to the matters assessed under paragraphs (1) and (2). (c) Report Not later than 30 days after the date on which a study under subsection (a) is completed, the Comptroller General shall submit to Congress a report that describes the results of the study. 1524. Update of reception and placement grants (a) In general Beginning with fiscal year 2023, not later than 30 days before the beginning of each fiscal year, the Secretary of State shall notify Congress of the amount of funds that the Secretary of State plans to provide to national resettlement agencies in reception and placement grants during the following fiscal year. (b) Requirements In setting the amount of such grants, the Secretary of State shall ensure that— (1) the grant amount for each fiscal year is adjusted to provide adequately for the anticipated initial resettlement needs of refugees, including adjusting the amount for inflation and the cost of living; (2) 100 percent of administrative per capita based on an approved consolidated placement plan is provided at the beginning of the fiscal year to each national resettlement agency to ensure adequate local and national capacity to serve the initial resettlement needs of the number of refugees the Secretary of State anticipates each such resettlement agency will resettle during the fiscal year; and (3) additional amounts are provided to each national resettlement agency promptly on the arrival of refugees that, exclusive of the amounts provided under paragraph (2), are sufficient to meet the anticipated initial resettlement needs of such refugees and support local and national operational costs in excess of the estimates described in paragraph (1). (c) Duration of reception and placement services With respect to individuals eligible to receive reception and placement grants, the reception and placement period shall be not less than 1 year. 1525. Subsidy reception and placement grant to support unanticipated economic and public health needs The Secretary of State shall develop and implement methods and programs to support a subsidizing line item to supplement the reception and placement grant to account for unanticipated needs of refugees, such as for economic and public health crises that necessitate additional support. 1526. Resettlement data Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) (1) in paragraph (2)(A), by inserting , and shall consider data collected under paragraph (11) (2) by adding at the end the following: (11) (A) The Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement (referred to in this section as the Assistant Secretary (B) The Assistant Secretary shall coordinate with the Centers for Disease Control, national resettlement agencies, community-based organizations, and State refugee health programs to track national and State trends with respect to refugees arriving with Class A medical conditions and other urgent medical needs. In collecting information under this paragraph, the Assistant Secretary shall use initial refugee health screening data (including any history of severe trauma, torture, mental health symptoms, depression, anxiety, and post-traumatic stress disorder) recorded during domestic and international health screenings, and data on the rate of use of refugee medical assistance. The Assistant Secretary shall examine the information sharing process from country of arrival through refugee resettlement to determine if access to additional mental health data could help determine placements and enable agencies to better prepare to meet refugee mental health needs. (C) The Assistant Secretary shall partner with State refugee programs, community-based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees, including— (i) the number of refugees who rent apartments or houses and who own condominiums or houses; and (ii) the number of refugees who have become homeless and the number at severe risk of becoming homeless. (D) (i) Beginning on the fifth year after arrival of a refugee and every 5 years thereafter until the end of the 20th year after arrival, the Assistant Secretary shall, to the extent practicable, gather longitudinal information relating to refugee self-sufficiency and economic contributions to the United States including employment status, earnings and advancement. (ii) The longitudinal study shall consider additional factors related to self-sufficiency and integration, including family self-sufficiency and caretaking, barriers to and opportunities for integration of the children of refugees and their descendants, and elderly resettled refugees. (E) Not less frequently than annually, the Assistant Secretary shall— (i) update the data collected under this paragraph; (ii) submit to Congress a report on such data; and (iii) not later than 270 days after the end of the fiscal year following the year for which the data was collected, make the data available to the public on the website of the Office of Refugee Resettlement. . 1527. Refugee assistance (a) Amendments to social services funding Section 412(c)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1522(c)(1)(B) (B) The funds available for a fiscal year for grants and contracts under subparagraph (A) shall be allocated among the States based on a combination of— (i) the total number or refugees (including children and adults) who arrived in the United States not more than 36 months before the beginning of such fiscal year and are actually residing in each State (taking into account secondary migration) as of the beginning of the fiscal year; (ii) the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year; and (iii) projections on the number, projections on regional allocations, and information on the nature of incoming refugees and other populations, such as demographics, case management or medical needs, served by the Office during the subsequent fiscal year. . (b) Report on secondary migration Section 412(a)(3) of such Act ( 8 U.S.C. 1522(a)(3) (1) in the first sentence, by striking a periodic an annual (2) by adding at the end the following: At the end of each fiscal year, the Assistant Secretary shall submit to Congress a report that describes the findings of the assessment, including a list of States and localities experiencing departures and arrivals due to secondary migration, likely reasons for migration, the impact of secondary migration on States receiving secondary migrants, availability of social services for secondary migrants in such States, and unmet needs of those secondary migrants. (c) Assistance made available to secondary migrants Section 412(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a)(1) (C) In providing assistance under this section, the Assistant Secretary shall ensure that such assistance is also provided to refugees who are secondary migrants and meet all other eligibility requirements for such services. . (d) Refugees needing specialized medical care or preparation Section 412(b)(4)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1522(b)(4)(B) requiring specialized care or preparation before the arrival of such refugees in the United States, or medical conditions (e) Legal assistance for refugees and asylees Section 412(c)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1522(c)(1)(A) (1) in clause (ii), by striking and (2) by redesignating clause (iii) as clause (iv); and (3) by inserting after clause (ii) the following: (iii) to provide legal services for refugees to assist the refugees in obtaining immigration benefits for which the refugees are eligible; and . (f) Notice and rulemaking Not later than 90 days after the date of the enactment of this Act, but in no event later than 30 days before the effective date of the amendments made by this section, the Assistant Secretary shall— (1) issue a proposed rule of the new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection (c); and (2) solicit public comment. (g) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act. 1528. Stabilizing resettlement site capacity for volunteer coordination, housing coordination, and AOR processing In consultation with the Assistant Secretary of the Office of Refugee Resettlement, the Assistant Secretary for the Bureau of Population, Refugees, and Migration shall develop and implement methods for improving volunteer coordination, housing coordination, and Affidavit of Relationship processing to ensure resettlement sites have the resources and capacity they need. The Assistant Secretary is authorized to make grants to implement this section. 1529. Community partnerships, civic engagement, and refugee leadership development (a) In general The Assistant Secretary for the Bureau of Population, Refugees, and Migration shall fund a full-time employee, to be known as a Community Relations Officer (b) Grants authorized The Assistant Secretary for the Bureau of Population, Refugees, and Migration is authorized to make grants to, and enter into contracts with, State and local governments to implement this section. (c) Responsibilities The responsibilities of a Community Relations Officer shall be— (1) to consider opportunities to encourage regular consultation among diverse stakeholders, such as by refugees, State Refugee Coordinators and health coordinators, resettlement agencies, and other service organizations and Ethnic Community Based Organizations; (2) to support civic engagement of refugees and refugee leadership development; and (3) to consider methods to expand outreach to asylees to ensure asylee access to services. 3 Access to services and benefits 1531. Extension of eligibility period for Social Security benefits for certain refugees (1) In general Section 402(a)(2)(M)(i) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612(a)(2)(M)(i) (A) in subclause (I), by striking 9-year 10-year (B) in subclause (II), by striking 2-year 3-year (2) Conforming amendment The heading for clause (i) of section 402(a)(2)(M) of such Act is amended by striking Two-year extension Extension (3) Effective date The amendments made by this subsection shall take effect as of October 1, 2023. 1532. In-State tuition rates for refugees, asylees, and certain special immigrants (a) In general The Higher Education Act of 1965 is amended by inserting after section 135 ( 20 U.S.C. 1015d 135A. In-State tuition rates for refugees, asylees, and certain special immigrants (a) Requirement In the case of an alien described in subsection (b) whose domicile is in a State that receives assistance under this Act, such State shall not charge such alien tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State. (b) Aliens described An alien is described in this subsection if the alien was granted— (1) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (2) asylum under section 208 of such Act ( 8 U.S.C. 1158 (3) special immigrant status under section 101(a)(27) of such Act ( 8 U.S.C. 1101(a)(27) (A) section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 8 U.S.C. 1157 (B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 8 U.S.C. 1101 (C) section 602 of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 8 U.S.C. 1101 (c) Limitations The requirement under subsection (a) shall apply with respect to an alien only until the alien has established residency in the State, and only with respect to the first State in which the alien was first domiciled after being admitted into the United States as a refugee or special immigrant or being granted asylum. (d) Effective date This section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2024. . (b) Conforming amendment The table of contents for the Higher Education Act of 1965 is amended by inserting after the item relating to section 135 the following: Sec. 135A. In-State tuition rates for refugees, asylees, and certain special immigrants. . 4 Training, orientation, and inclusion 1541. Pre-departure training for approved refugee applicants (a) Training programs (1) In general The Assistant Secretary for the Bureau of Population, Refugees, and Migration, in consultation with the directors and heads of office of the Resettlement Support Centers (or the designees of such directors and heads of office), shall develop and implement methods for improving overseas refugee training programs administered by the Resettlement Support Centers to offer English as a second language, work orientation training options, cultural orientation, civic engagement, and health and wellness for refugees and Iraqi and Afghan special immigrant visa holders and their dependents, who have been approved for admission to the United States before their departure for the United States. (2) Community integration The Assistant Secretary for the Bureau of Population, Refugees, and Migration shall develop and implement pre-departure programs for achieving community integration of refugees resettled in the United States. (3) Grants authorized The Assistant Secretary for the Bureau of Population, Refugees, and Migration is authorized to make grants to implement this subsection. (b) Design and implementation In designing and implementing the programs referred to in subsection (a), the Secretary of State shall consult with or use— (1) nongovernmental or international organizations with direct ties to the United States refugee resettlement program; and (2) nongovernmental or international organizations with appropriate expertise in developing curriculum and teaching English as a second language. (c) Impact on processing times The Secretary of State shall ensure that such training programs are strictly optional, occur within applicable processing times and do not delay or prevent the departure for the United States of refugees who have been approved for admission to the United States. (d) Timeline for implementation (1) Initial implementation Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall ensure that the training programs under subsection (a) are fully and continually operational in at least 3 refugee processing regions. (2) Additional implementation Not later than 2 years after the date of the enactment of this Act, the Secretary of State shall notify the Committees on Appropriations and the Committee on the Judiciary of the Senate and the Committees on Appropriations and the Committee on the Judiciary of the House of Representatives that such training programs are fully and consistently operational in 5 refugee processing regions. (e) GAO report Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of this section, including an assessment of the quality of English as a second language curriculum and instruction, the benefits of the work orientation and English as a second language training program to refugees, and recommendations on whether such programs should be continued, broadened, or modified, and shall submit to the Committee on Appropriations and the Committee on the Judiciary of the Senate and the Committee on Appropriations and the Committee on the Judiciary of the House of Representatives a report on the findings of such study. (f) Rule of construction Nothing in this section may be construed to require that a refugee participate in such a training program as a precondition for the admission to the United States of such refugee. 1542. Domestic refugee resettlement programs on digital and financial literacy; housing and transportation access (a) Amendments to social services funding Section 412(b) of the Immigration and Nationality Act ( 8 U.S.C. 1522(b) (b) Programs for digital and financial literacy and housing and transportation access (1) In general The Assistant Secretary of the Office of Refugee Resettlement, in consultation with the Assistant Secretary for the Bureau of Population, Refugees, and Migration, shall develop and implement methods— (A) for improving the digital literacy of refugees, and strengthening their access to digital devices and broadband; (B) to support refugees with bereavement costs and financial literacy, such as life insurance, retirement, banking, and other forms of financial independence; (C) to support refugees’ access to affordable housing, home ownership, public housing, legal orientation, and public transportation; and (D) to support refugees’ driving orientation with respect to laws, defensive driving, and vehicle maintenance classes. (2) Grants authorized The Assistant Secretary of the Office of Refugee Resettlement is authorized to make grants to, and enter into contracts with, State and local governments and resettlement agencies to implement this section. . (b) Immediate eligibility for driver’s licenses for refugees, asylees, and certain special immigrants (1) In general Any State in which a alien described in paragraph (2) is domiciled shall waive residency requirements for obtaining a driver's license or an identification card in a manner than ensure that such an alien is immediately eligible for a driver’s license or identification card, including under section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13 49 U.S.C. 30301 (2) Alien described An alien is described in this subsection if the alien was granted— (A) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (B) asylum under section 208 of such Act ( 8 U.S.C. 1158 (C) special immigrant status under section 101(a)(27) of such Act ( 8 U.S.C. 1101(a)(27) Public Law 111–84 8 U.S.C. 1157 Public Law 109–163 8 U.S.C. 1101 Public Law 111–8 8 U.S.C. 1101 (c) Additional programs (1) In general The Assistant Secretary for the Bureau of Population, Refugees, and Migration, in consultation with the Assistant Secretary of the Office of Refugee Resettlement, shall develop and implement methods— (A) for improving the digital literacy of refugees, and strengthening their access to digital devices and broadband; (B) to support refugees with bereavement costs and financial literacy, such as life insurance, retirement, banking, and other forms of financial independence; and (C) to support refugees’ access to affordable housing, home ownership, public housing, legal orientation, and public transportation. (2) Grants authorized The Assistant Secretary for the Bureau of Population, Refugees, and Migration is authorized to make grants to, and enter into contracts with, State and local governments and resettlement agencies to implement this subsection. 1543. Study and report on digital literacy, equity, and inclusion among refugees in the United States (a) Definitions In this section: (1) Digital equity The term digital equity (2) Digital inclusion The term digital inclusion (A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as— (i) reliable broadband internet service; (ii) internet-enabled devices that meet the needs of the user; and (iii) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration, including applications and online content that can be rendered accessible in the user's preferred language; and (B) includes— (i) obtaining access to digital literacy training; (ii) the provision of quality technical support; and (iii) obtaining basic awareness of measures to ensure online privacy and cybersecurity. (3) Digital literacy The term digital literacy (b) Study (1) In general Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the status of digital literacy among refugees resettled to the United States. (2) Matters to be included The study conducted under paragraph (1) shall include the following: (A) An assessment of refugee digital literacy, equity, and inclusion outcomes including an analysis of— (i) access to internet service subscriptions as measured by the rates at which households subscribe to service plans, the quality of service plans, and the affordability of service plans; (ii) device access as measured by type, and number per members of household school-age and older; (iii) digital literacy as measured by a continuum of proficiency rates and ability to overcome language barriers; (iv) availability of technical assistance and training services; (v) digital usage patterns (such as school, work, job applications, or coding); and (vi) awareness of, availability of, and ability to navigate to public access points (such as schools, libraries and other community access). (B) The results of the assessment under subparagraph (A) disaggregated by socioeconomic factors, including income level, race and ethnicity, gender, preferred language, age, disability, and level of education. (C) An assessment of how digital literacy, equity, and inclusion limitations impact refugee integration outcomes across— (i) employment; (ii) participation in financial systems; (iii) participation in democracy; (iv) civic engagement; (v) adult education; (vi) children’s education; and (vii) access to health services. (D) An assessment of whether and how digital literacy training, free internet service, and technical support should be incorporated as part of cultural orientation programs offered to refugees before their arrival in the United States and to refugees recently arrived in the United States. (E) An assessment of whether and how related costs to support digital literacy, equity, and inclusion, should be factored into reception and placement per capita grant amounts, including for— (i) the 1-time cost of digital device purchases, ensuring adequate and gender-equitable distribution of devices per household; and (ii) ongoing internet service subscription costs. (F) An assessment of whether and how to include a measure of digital literacy in the self-sufficiency metrics used by the Office of Refugee Resettlement to assess refugee integration outcomes. (G) A survey of existing digital literacy, equity, and inclusion programming across resettlement agency offices and existing best practices, including— (i) technology mentorship programs; (ii) digital literacy workshops; (iii) digitally related career pathways; (iv) device ownership programs; (v) digital navigator programs; and (vi) home broadband support. (H) An evaluation of the budgetary resources of the Office of Refugee Resettlement and a projection of the amount of additional resources necessary to fully address the unmet needs of refugees and all other populations within the mandate of the Office of Refugee Resettlement, with respect to digital literacy, equity, and inclusion. (I) Recommendations on ways in which the Office of Refugee Resettlement may improve digital literacy outcomes and the domestic refugee resettlement program with respect to digital literacy, equity, and inclusion. (J) Recommendations for metrics and criteria for evaluating digital literacy, equity, and inclusion in populations within the mandate of the Office of Refugee Resettlement. (c) Report Not later than 30 days after the date on which a study under subsection (a) is completed, the Comptroller General shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes the results of the study. 5 Domestic Refugee Resettlement Reform and Modernization Act 1551. Short title This chapter may be cited as the Domestic Refugee Resettlement Reform and Modernization Act of 2022 1552. Definitions In this chapter: (1) Assistant Secretary The term Assistant Secretary (2) Community-based organization The term community-based organization (3) National resettlement agencies The term national resettlement agencies 1553. Assessment of refugee domestic resettlement programs (a) In general As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement. (b) Matters To be studied In the study required under subsection (a), the Comptroller General shall determine and analyze— (1) how the Office of Refugee Resettlement defines self-sufficiency and integration and if these definitions adequately represent refugees’ needs in the United States; (2) the effectiveness of Office of Refugee Resettlement programs in helping refugees to meet self-sufficiency and integration; (3) technological solutions for consistently tracking secondary migration, including opportunities for interagency data sharing; (4) the Office of Refugee Resettlement’s budgetary resources and project the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency and integration; (5) the role of community-based organizations in serving refugees in areas experiencing a high number of new refugee arrivals; (6) how community-based organizations can be better utilized and supported in the Federal domestic resettlement process; (7) recertification processes for high-skilled refugees, specifically considering how to decrease barriers for refugees and special immigrant visa holders to use their skills; and (8) recommended statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs (1) through (7). (c) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains the results of the study conducted under this section. 1554. Guidance regarding refugee placement decisions (a) Consultation The Secretary of State shall provide guidance to national resettlement agencies and State refugee coordinators on consultation with local stakeholders pertaining to refugee resettlement. (b) Best practices The Secretary of Health and Human Services, in collaboration with the Secretary of State, shall collect best practices related to the implementation of the guidance on stakeholder consultation on refugee resettlement from voluntary agencies and State refugee coordinators and disseminate such best practices to such agencies and coordinators. 6 Overseas processing and preparation 1561. Refugee biometric data and reporting (a) The Department of State, in consultation with the Department of Homeland Security, shall permit United States Government staff already in-country to travel to collect the fingerprints and biometric data of refugees, in absence of circuit rides. (b) The Secretary of State, in consultation with the Secretary of Homeland Security, shall develop and implement methods to enhance virtual citizenship and virtual adjudication of citizenship applications, including remote interviews and ceremonies to expedite the process. (c) The Secretary of Homeland Security shall robustly implement the plan to permit the use of video and audio teleconferencing to conduct refugee interviews and establish the necessary infrastructure to do so. The Department of Homeland Security is directed to issue a report within 90 days of enactment the details of how many interviews were conducted remotely or by video, what infrastructure was created to do so, and what the Department needs to expand the use of remote interviews. The report shall also include challenges and best practices in conducting remote interviews and factors that informed the Department’s decisions around which applicants were eligible for a remote interview. The report shall further include recommendations for a significant investment in internet infrastructure solutions, such as Wi-Fi and broadband access, in remote processing locations, as failure to do so will disproportionately impact processing and departures from certain parts of the world. 1562. Prioritization of family reunification in refugee resettlement process (a) In general The Secretary of State shall prioritize the cases of persons referred by the United Nations High Commissioner for Refugees, groups of special humanitarian concern to the United States under section 207(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1157(a)(1) (b) Regulations (1) In general The Secretary of State, in consultation with the Secretary of Homeland Security, shall promulgate regulations to ensure that an individual seeking admission to the United States as a refugee shall not be excluded from being interviewed for refugee status based on— (A) a close family relationship to a citizen or lawful permanent resident of the United States; (B) a potential qualification of the individual for an immigrant visa; or (C) a pending application by the individual for admission to the United States. (2) Simultaneous consideration The regulations promulgated under paragraph (1) shall ensure that an applicant for admission as a refugee is permitted to pursue simultaneously admission to the United States— (A) as a refugee; and (B) under any visa category for which the applicant may be eligible. (c) Notice of separate travel In the case of an applicant for admission under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (1) notify any individual on that case who is eligible to travel separately of the option to separate the case of the individual from the family unit; and (2) permit the individual to travel based on the satisfaction by the individual of all security and other requirements for a refugee application. (d) Use of embassy referrals (1) In general The Secretary of State shall set forth a plan to ensure that each United States embassy and consulate is equipped and enabled to refer individuals in need of resettlement to the United States refugee admissions program. (2) Training The Secretary of State shall undertake training for embassy personnel to ensure that each embassy and consulate has sufficient knowledge and expertise to carry out this paragraph. 1563. Priority 3 family reunification cases (a) In general Because of the importance of reuniting immediate refugee families who have been separated while fleeing from persecution, Priority 3 processing shall be made available to individuals of all nationalities, including stateless individuals. (b) Universal eligibility for all nationalities (1) In general Eligible Priority 3 Affidavit of Relationship filers will include those admitted in asylum, refugee, or Afghan and Iraqi special immigrants admitted under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 8 U.S.C. 1101 Public Law 110–181 8 U.S.C. 1157 Public Law 111–8 8 U.S.C. 1101 (2) Eligible Affidavit of Relationship files Eligible Affidavit of Relationship (referred to in this section as AOR (c) Requirements The United States-based filer shall be at least 18 years of age at the time that the AOR is filed. The filer shall file the AOR not later than 5 years after the date they were admitted as a refugee or special immigrant or were granted asylum. The Secretary of State may reject any AOR for a relationship that does not comport with public policy, such as under-age or plural marriages. (d) Family members included (1) In general The following family members of the United States-based family members are qualified for Priority 3 access: (A) Spouse. (B) Unmarried children who are younger than 21 years of age. (C) Parents. (2) Partners The Secretary of State may allow a qualifying individual to file for Priority 3 access for a partner of any gender if the filer can provide evidence of a relationship with the partner for at least one year overseas prior to the submission of the AOR and considered that person to be his or her spouse or life partner, and that the relationship is ongoing, together with evidence that legal marriage was not an obtainable option due to social or legal prohibitions. (e) Derivative refugee status In addition to the qualifying family members of a United States-based individual identified above, the qualifying family member’s spouse and unmarried children younger than 21 years of age may derive refugee status from the principal applicant for refugee status. (f) Additional qualifying family members (1) In general On a case-by-case basis, an individual may be added to a qualifying family member’s Priority 3 case if that individual— (A) lived in the same household as the qualifying family member in the country of nationality or, if stateless, last habitual residence; (B) was part of the same economic unit as the qualifying family member in the country of nationality or, if stateless, last habitual residence; and (C) demonstrates exceptional and compelling humanitarian circumstances that justify inclusion on the qualifying family member’s case. (2) Refugee status independent from principal applicant To be added to a qualifying family member's case under paragraph (1), an individual described in paragraph (1) shall independently establish that they are refugees. (g) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in collaboration with the Secretary of State, shall submit a report to Congress that— (1) describes the steps taken by the administration to re-examine and expedite Priority 3 processing, including— (A) reducing lengthy delays in the initial paper review by the U.S. Citizenship and Immigration Services Refugee Access Verification Unit (referred to in this subsection as RAVU (B) reducing inefficiencies in DNA testing; and (C) making more efficient other processing steps that are required only for Priority 3 cases; (2) details the resources necessary to improve RAVU so as to improve Priority 3 processing and ensure that the number of U.S. Citizenship and Immigration Services employees dedicated to RAVU is consistently not less than 4 full-time dedicated personnel so as to maintain a capacity to complete RAVU within 30 days of receipt of each case; and (3) includes the following data as of the first day of each fiscal year and each of the 6 fiscal years preceding the date of the enactment of this Act, for— (A) Priority 3 refugee applicants who had submitted an AOR and were waiting for an initial interview with the resettlement support center; (B) Priority 3 refugee applicants who had completed the initial interview at the Refugee Processing Center and whose applications were not yet submitted by the Refugee Processing Center to RAVU; (C) Priority 3 refugee applicants whose applications were submitted by the Refugee Processing Center to RAVU and were pending a decision by RAVU; (D) Priority 3 refugee applicants whose applications were decided by RAVU and were pending a pre-screening interview at the Refugee Processing Center; (E) Priority 3 refugee applicants who completed a pre-screening interview at the Refugee Processing Center and who were pending interviews with U.S. Citizenship and Immigration Services; (F) Priority 3 refugee applicants who had completed interviews and were pending security clearance; (G) Priority 3 refugee applicants who were ready for departure; and (H) Priority 3 refugee applicants who have died or gone missing while in the Priority application process without ever being reunited with their families. 1564. Creating a Roving Resettlement Support Center (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish a Roving Resettlement Support Center to increase overall operational agility and responsiveness of the United States Refugee Admissions Program. (b) Duties The Roving Resettlement Support Center shall— (1) coordinate and manage refugee processing for the United States Refugee Admissions Program, including— (A) receive and process cases referred to the United States Refugee Admissions program by the United Nations High Commissioner for Refugees, nongovernmental organizations, and United States embassies; (B) receive and process resettlement applications under all Priority categories; and (2) build the operational capacity for the rapid deployment of single-site resettlement processing during unanticipated refugee crises; and (3) provide support and technical assistance to the United Nations High Commissioner for Refugees to expand and improve referral capacity as needed. F Authorization of appropriations 1601. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this title, including, in addition to annual funds derived from fee accounts of U.S. Citizenship and Immigration Services, such sums as may be necessary to reduce the humanitarian backlog of refugee, asylum, and other humanitarian applications to the Refugee, Asylum and International Operations Directorate. II Refugee and asylum seeker processing in Western Hemisphere 2101. Expansion of refugee and asylum seeker processing (a) Strengthening processing and adjudication capacity (1) In general The Secretary of State, in consultation with the Secretary, shall collaborate with international partners, including the United Nations High Commissioner for Refugees, to support and strengthen the domestic capacity of countries in the Western Hemisphere— (A) to process and accept refugees for resettlement; and (B) to adjudicate asylum claims. (2) Support and technical assistance The Secretary of State, in consultation with the Secretary, shall provide support and technical assistance to countries in the Western Hemisphere to help such countries— (A) expand and improve their capacity to identify, process, and adjudicate refugee claims, adjudicate applications for asylum, or otherwise accept refugees referred for resettlement by the United Nations High Commissioner for Refugees or host nations, including by increasing the number of refugee and asylum officers (as defined in section 235(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(E) (B) establish and expand safe and secure refugee reception centers to facilitate the safe and orderly movement of individuals and families seeking international protection; (C) improve national refugee and asylum registration systems to ensure that any person seeking refugee status, asylum, or other humanitarian protections— (i) receives due process and meaningful access to existing humanitarian protections; (ii) is provided with adequate information about his or her rights, including the right to seek protection; (iii) is properly screened for security, including biographic and biometric capture; and (iv) receives appropriate documents to prevent fraud and ensure freedom of movement and access to basic social services; and (D) develop the capacity to conduct best interest determinations for unaccompanied children with international protection needs to ensure that— (i) such children are properly registered; and (ii) their claims are appropriately considered. (b) Diplomatic engagement and coordination The Secretary of State, in coordination with the Secretary, as appropriate, shall— (1) carry out diplomatic engagement to secure commitments from governments to resettle refugees from Central America; and (2) take all necessary steps to ensure effective cooperation among governments resettling refugees from Central America. (c) Strengthening of referral pathways The Secretary of State, in consultation with the Secretary, shall— (1) certify and partner with local and national nongovernmental organizations that operate overseas to make Priority 1 referrals to the United States Refugee Admissions Program— (A) to increase referral pathways for the United States Refugee Admissions Program; (B) to diversify referral pathways and prevent program impacts due to operational delays and capacity limitations in the referral processes of the United Nations High Commissioner for Refugees; and (C) to expand access to the United States Refugee Admissions Program to particularly vulnerable refugees, including— (i) individuals with urgent protection needs who might otherwise be overlooked; (ii) individuals who are at risk in camps, such as LGBTQI individuals; and (iii) individuals living in noncamp settings; (2) work with national nongovernmental organizations to identify referrals from smaller nongovernmental organizations to the United States Refugee Admissions Program; (3) direct resettlement support centers to facilitate and accept such referrals; (4) provide training for new referral partners to encourage new nongovernmental organizations to participate in resettlement; (5) ensure coordination with partners already working with refugees in the region; and (6) continue to implement robust fraud-prevention measures as part of the establishment of referral structures under this subsection— (A) to continue to safeguard the integrity of the United States Refugee Admissions Program; and (B) to prevent corruption through manipulation of the resettlement system. 2102. Strengthening regional humanitarian responses The Secretary of State, in consultation with the Secretary, and in coordination with international partners, including the United Nations High Commissioner for Refugees, shall support and coordinate with the government of each country hosting a significant population of refugees and asylum seekers from El Salvador, Guatemala, and Honduras— (1) to establish and expand temporary shelter and shelter network capacity to meet the immediate protection and humanitarian needs of refugees and asylum seekers, including shelters for families, women, unaccompanied children, and other vulnerable populations; (2) to deliver to refugees and asylum seekers humanitarian assistance that— (A) is sensitive to gender identity and sexual orientation, trauma, and age; and (B) includes access to accurate information, legal representation, education, livelihood opportunities, cash assistance, mental and physical health care, and other services; (3) to establish and expand sexual, gender-based, intimate partner, and intra-family violence prevention, recovery, and humanitarian programming; (4) to fund national and community humanitarian organizations in humanitarian response; and (5) to support local integration initiatives to help refugees and asylum seekers rebuild their lives and contribute in a meaningful way to the local economy in their host country. 2103. Information campaign on dangers of irregular migration (a) In general The Secretary of State, in consultation with the Secretary, shall design and implement public information campaigns in El Salvador, Guatemala, and Honduras— (1) to disseminate information about the potential dangers of travel to the United States; (2) to provide accurate information about United States immigration law and policy; and (3) to provide accurate information about the availability of asylum and other humanitarian protections in countries in the Western Hemisphere. (b) Elements To the greatest extent possible, the information campaigns implemented pursuant to subsection (a)— (1) shall be targeted at regions with high rates of violence, high levels of out-bound migration, or significant populations of internally displaced persons; (2) shall use local languages; (3) shall employ a variety of communications media; and (4) shall be developed in consultation with program officials at the Department of Homeland Security, the Department of State, and other government, nonprofit, or academic entities in close contact with migrant populations from El Salvador, Guatemala, and Honduras, including repatriated migrants. 2104. Reporting requirement Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary, shall submit a report describing the plans of the Secretary of State to assist in developing the refugee and asylum processing capabilities described in this title to— (1) the Committee on the Judiciary of the Senate (2) the Committee on Foreign Relations of the Senate (3) the Committee on Appropriations of the Senate (4) the Committee on the Judiciary of the House of Representatives (5) the Committee on Foreign Affairs of the House of Representatives (6) the Committee on Appropriations of the House of Representatives 2105. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States (a) Designated processing centers (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary, shall enter into agreements for the Secretary to establish designated processing centers for— (A) registering, screening, and processing refugees and other eligible individuals in North America and Central America; and (B) resettling or relocating such individuals to the United States or to other countries. (2) Locations Not fewer than 1 designated processing center shall be established in a safe and secure location identified by the United States and the host government in— (A) El Salvador; (B) Guatemala; (C) Honduras; (D) Mexico; (E) Costa Rica; and (F) any other country that the Secretary of State determines can accept and process requests and applications under this title, including any country in North America or Central America that is hosting significant numbers of refugees or other displaced individuals. (b) Assistant Director of Regional Processing (1) In general The Director of U.S. Citizenship and Immigration Services shall appoint an Assistant Director of Regional Processing, who shall oversee the establishment and operation of all designated processing centers. (2) Duties The Assistant Director of Regional Processing, in coordination with the Secretary and the Director of U.S. Citizenship and Immigration Services, shall— (A) coordinate with the Secretary of State and the host country to ensure that each designated processing center is safe, secure, and reasonably accessible to the public to facilitate the registration, screening, and processing of individuals under this title; (B) establish standard operating procedures for the registration, screening, and processing of individuals under this title; (C) oversee the administration of the procedures established pursuant to subparagraph (B); and (D) carry out other duties and powers prescribed by the Director of U.S. Citizenship and Immigration Services. (c) Personnel (1) Refugee officers and related personnel The Secretary, in consultation with the Director of U.S. Citizenship and Immigration Services and the Assistant Director of Regional Processing, shall ensure that sufficient numbers of refugee officers and other personnel are assigned to each designated processing center to fulfill the requirements under this title. (2) Support personnel The Secretary and the Attorney General shall hire and assign sufficient personnel to ensure that all security and law enforcement background checks required under this title are completed not later than 180 days after a relevant application is submitted, absent exceptional circumstances. (d) Operations (1) In general Each designated processing center established pursuant to subsection (a)(2) shall commence operations not later than 270 days after the date of the enactment of this Act, absent extraordinary circumstances. (2) Productivity The Secretary, in coordination with the Secretary of State, shall— (A) monitor the activities of each designated processing center; and (B) establish metrics and criteria for evaluating the productivity of each designated processing center. (3) Continuing operations Each designated processing center— (A) shall remain in operation for not less than 5 fiscal years; and (B) shall continue operating until the Secretary determines, in consultation with the Secretary of State, and using the metrics and criteria established pursuant to paragraph (2)(B), that the designated processing center has failed to maintain sufficient productivity for at least 4 consecutive calendar quarters. (4) Registration Each designated processing center shall receive and register individuals seeking to apply for benefits under this title. (5) Intake Consistent with this title, registered individuals shall be assessed to determine the benefits for which they may be eligible, including— (A) refugee resettlement pursuant to the Central American Refugee Program described in section 2106; (B) the Central American Minors Program described in section 2107; and (C) the Central American Family Reunification Parole Program described in section 2108. (6) Expedited processing The Secretary may grant expedited processing of applications and requests under this title in emergency situations, for humanitarian reasons, or if other circumstances warrant expedited treatment. (e) Congressional reports Not later than January 31 of the first fiscal year immediately following the conclusion of the fiscal year during which the first designated processing center commences operations, and every January 31 thereafter, the Secretary, in consultation with the Secretary of State, shall submit a report to the Committee on the Judiciary of the Senate Committee on Foreign Relations of the Senate Committee on the Judiciary of the House of Representatives Committee on Foreign Affairs of the House of Representatives (1) the number of individuals who were registered, screened, and processed for benefits under this title; (2) the number of benefits requests that were approved; and (3) the number of benefits requests that were denied. 2106. Central American refugee program (a) In general (1) Minimum annual number of central american refugees In addition to any refugees designated for admission under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (2) Eligibility Any alien described in paragraph (1) shall be admitted under this section if— (A) the alien registers at a designated processing center on or before September 30, 2027; and (B) the Secretary of State, in consultation with the Secretary, determines that the alien is admissible as a refugee of special humanitarian concern to the United States in accordance with this section. (b) Initial processing (1) In general Any alien who, while registering at a designated processing center, expresses a fear of persecution or an intention to apply for refugee status may apply for refugee resettlement under this section. Each applicant who files a completed application shall be referred to a refugee officer for further processing in accordance with this section. (2) Submission of biographic and biometric data An applicant described in paragraph (1) shall submit biographic and biometric data in accordance with procedures established by the Assistant Director of Regional Processing appointed pursuant to section 2105(b), who shall provide an alternative procedure for applicants who are unable to provide all required biographic and biometric data due to a physical or mental impairment. (3) Background checks The Assistant Director of Regional Processing shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for admission as a refugee under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (4) Orientation The Assistant Director of Regional Processing shall provide prospective applicants for refugee resettlement with information on applicable requirements and legal standards. All orientation materials, including application forms and instructions, shall be made available in English and Spanish. (5) International organizations The Secretary of State, in consultation with the Secretary, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the processing and preparation of case files for applicants under this section. (c) Adjudication of applications (1) In general Not later than 60 days after the date on which an applicant is referred for further processing pursuant to subsection (b)(1), the applicant shall be interviewed by a refugee officer, who shall determine whether the applicant is a refugee of special humanitarian concern to the United States (as defined in paragraph (5)). (2) Decision Not later than 14 days after the date on which an applicant is interviewed under paragraph (1), the refugee officer shall issue a written decision regarding the application. (3) Approval of application If a refugee officer approves an application under this section, the applicant shall be processed for resettlement to the United States as a refugee in accordance with section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (4) Denial of application If the refugee officer denies an application under this section, the officer shall include a reasoned, written explanation for the denial and refer the applicant for a determination of eligibility for other benefits under this title in accordance with section 2105(d)(5). An applicant who has been denied status as a refugee of special humanitarian concern under this section may request review of such decision by a supervisory refugee officer not later than 30 days after the date of such denial. The supervisory refugee officer shall issue a final written decision not later than 30 days after such request for review. (5) Refugee of special humanitarian concern In this section, the term refugee of special humanitarian concern to the United States (A) domestic, sexual, or other forms of gender-based violence, including forced marriage and persecution based on sexual orientation or gender identity; (B) violence, extortion, or other forms of persecution (including forced recruitment) committed by gangs or other organized criminal organizations; (C) a severe form of trafficking in persons; (D) a threat to life, physical or psychological integrity, including from adverse impacts on livelihoods and exceptional situations, such as environmental disasters, (including from the effects of climate change) for which there is no adequate remedy in the country of origin; or (E) other serious human rights abuses. (6) Spouses and minor children The spouse or child of any applicant who qualifies for admission under section 207(c) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c) (7) Refugee status An individual who is admitted to the United States as a refugee of special humanitarian concern to the United States under this section shall enjoy the same rights and privileges, and shall be subject to the same grounds for termination of refugee status, as provided in sections 207 and 209 of the Immigration and Nationality Act (8 U.S.C. 1157 and 1159). (8) Fees No fee shall be imposed for the filing, processing, or adjudication of an application under this section. (d) Optional referral to other countries (1) In general Notwithstanding subsection (b), an applicant for refugee resettlement under this section may be referred to another country for the processing of the applicant’s refugee claim if— (A) another country agrees to immediately process the applicant’s refugee claim in accordance with the terms and procedures of a bilateral agreement under paragraph (2); and (B) the applicant lacks substantial ties to the United States as defined in paragraph (3) or requests resettlement to a country other than the United States. (2) Bilateral agreements for referral of refugees (A) In general Subject to subparagraph (B), the Secretary of State, in consultation with the Secretary, shall enter into bilateral agreements with other countries for the referral, processing, and resettlement of individuals who— (i) register at a designated processing center; and (ii) seek to apply for refugee resettlement under this section. (B) Limitation Agreements required under subparagraph (A) may only be entered into with countries that have the demonstrated capacity— (i) to accept and adjudicate applications for refugee status and other forms of international protection; and (ii) to resettle refugees consistent with obligations under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951, as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223). (C) International organizations The Secretary of State, in consultation with the Secretary, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the referral, processing, and resettlement of individuals covered under this paragraph. (3) Defined term In this subsection, an individual has substantial ties to the United States (A) has a spouse, parent, son, daughter, sibling, grandparent, aunt, or uncle who resides in the United States; (B) can demonstrate previous residence in the United States for not less than 2 years; or (C) can otherwise demonstrate substantial ties to the United States, as defined by the Secretary. (e) Emergency relocation coordination (1) In general The Secretary of State, in consultation with the Secretary, shall enter into bilateral or multilateral agreements with other countries in the Western Hemisphere to establish safe and secure emergency transit centers for individuals who— (A) register at a designated processing center; (B) face an imminent risk of harm; and (C) require temporary placement in a safe location, pending a final decision on an application under this section. (2) Consultation requirement Agreements required under paragraph (1)— (A) shall be developed in consultation with the United Nations High Commissioner for Refugees; and (B) shall conform to international humanitarian standards. (f) Expansion of refugee corps Not later than 60 days after the date of the enactment of this Act, and subject to the availability of amounts provided in advance in appropriations Acts, the Secretary shall appoint such additional refugee officers as may be necessary to carry out this section. 2107. Central American Minors Program (a) Special immigrants Section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) (1) in subparagraph (L)(iii), by inserting a semicolon at the end; (2) in subparagraph (M), by striking the period at the end and inserting ; or (3) by adding at the end the following: (N) an immigrant (and any of his or her children who are accompanying or following to join such immigrant) who is— (i) a national of El Salvador, Honduras, or Guatemala; (ii) an unmarried child of an individual who is lawfully present in the United States; (iii) otherwise eligible to receive an immigrant visa; and (iv) otherwise admissible to the United States (excluding the grounds of inadmissibility specified in section 212(a)(4)). . (b) Numerical limitations (1) In general The total number of aliens described in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a)(3), who may be granted special immigrant status under this section may not exceed 10,000 during any of the 5 consecutive fiscal years beginning with the fiscal year during which the first designated processing center commences operations. (2) Exclusion from numerical limitations Aliens granted special immigrant status under this section shall not be counted against any numerical limitation under section 201, 202, or 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 (3) Carry forward If the numerical limitation described in paragraph (1) is not reached during any fiscal year, the numerical limitation under such paragraph for the following fiscal year shall be increased by a number equal to the difference between— (A) the total number of aliens who may be granted special immigrant status under this section during the first fiscal year; and (B) the number of aliens who were granted such special immigrant status during the first fiscal year. (c) Petitions If an alien is determined to be eligible for special immigrant status pursuant to an assessment under section 2105(d)(5), the alien, or a parent or legal guardian of the alien, may submit a petition for special immigrant status under this section at a designated processing center. (d) Adjudication (1) In general If an alien who submits a completed petition under subsection (c) is determined to be eligible for special immigrant status under section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a)(3), the Secretary shall grant such status to such alien. (2) Deadline Absent exceptional circumstances, petitions submitted under this section shall be adjudicated not later than 180 days after the date on which they are submitted at a designated processing center. (3) Applicants under prior program (A) In general The Secretary of Homeland Security shall deem an application filed under the Central American Minors Refugee Program, established on December 1, 2014, and terminated on August 16, 2017, and which was not the subject of a final disposition before January 31, 2018, to be a petition filed under this section. (B) Notification The Secretary shall— (i) promptly notify all relevant parties of the conversion of applications described in subparagraph (A) into special immigrant petitions under this section; and (ii) provide instructions for withdrawing such petitions to such parties if the alien no longer desires the requested relief. (C) Deadline Absent exceptional circumstances, the Secretary shall make a final determination on each petition described in subparagraph (A) that is not withdrawn pursuant to subparagraph (B)(ii) not later than 180 days after the date of the enactment of this Act. (4) Biometrics and background checks (A) Submission of biometric and biographic data Petitioners for special immigrant status under this section shall submit biometric and biographic data in accordance with procedures established by the Assistant Director of Regional Processing. The Assistant Director shall provide an alternative procedure for applicants who are unable to provide all of the required biometric data due to a physical or mental impairment. (B) Background checks The Assistant Director shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of petitioners to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for special immigrant status under this section. (C) Completion of background checks The security and law enforcement background checks required under subparagraph (B) shall be completed, to the satisfaction of the Assistant Director, before the date on which a petition for special immigrant status under this section may be approved. 2108. Central American Family Reunification Parole Program (a) In general If an alien is determined to be eligible for parole under subsection (b) pursuant to an assessment under section 2105(d)(5)— (1) the designated processing center shall accept a completed application for parole filed by the alien, or on behalf of the alien by a parent or legal guardian of the alien; and (2) the Secretary shall grant parole to the alien, in accordance with section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) (b) Eligibility An alien shall be eligible for parole under this subsection if the alien— (1) is a national of El Salvador, Guatemala, or Honduras; (2) is the beneficiary of an approved immigrant visa petition under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) (3) does not have an immigrant visa; and (4) expects to obtain an immigrant visa not later than 5 years after the date on which the alien registers with a designated processing center. (c) Application and adjudication (1) In general An alien described in subsection (b) may submit an application for parole under this section during the 90-day period beginning on the date on which the alien is determined to be eligible for parole pursuant to an assessment under section 2105(d)(5). (2) Adjudication deadlines Absent exceptional circumstances, applications submitted under this section shall be adjudicated not later than 180 days after the date of submission. (3) Biometrics and background checks (A) Submission of biometric and biographic data Applicants for parole under this section shall submit biometric and biographic data in accordance with procedures established by the Assistant Director of Regional Processing. The Assistant Director shall provide an alternative procedure for applicants who are unable to provide all required biometric data due to a physical or mental impairment. (B) Background checks The Assistant Director of Regional Processing shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for parole under this section. (C) Completion of background checks The security and law enforcement background checks required under subparagraph (B) shall be completed to the satisfaction of the Assistant Director before the date on which an application for parole may be approved. (4) Approval Each designated processing center shall issue appropriate travel documentation to aliens granted parole under this section. Such aliens shall present such documentation to U.S. Customs and Border Protection personnel at a port of entry for parole into the United States not later than 120 days after such documentation is issued. 2109. Informational campaign; case status hotline (a) Informational campaign The Secretary shall implement an informational campaign, in English and Spanish, in the United States, El Salvador, Guatemala, and Honduras to increase awareness of the provisions set forth in this title. (b) Case status hotline Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish a case status hotline providing confidential processing information on pending cases. III Special immigrant visa programs 3101. Special immigrant visa program reporting requirement (a) In general Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State, in consultation with the Inspector General of the Department of Defense, shall submit a report, with a classified annex if necessary, to— (1) the Committee on the Judiciary of the Senate (2) the Committee on Foreign Relations of the Senate (3) the Committee on Armed Services of the Senate (4) the Committee on the Judiciary of the House of Representatives (5) the Committee on Foreign Affairs of the House of Representatives (6) the Committee on Armed Services of the House of Representatives (b) Publication The Department of State shall publish the report submitted under subsection (a) on the website of the Department of State. (c) Contents The report submitted under subsection (a) shall evaluate— (1) the obstacles to effective protection of Afghan and Iraqi allies through the special immigrant visa program between 2009 and the present; (2) measures to improve efficient processing in the special immigrant visa programs; and (3) suggestions for improvements in future programs, including information relating to— (A) the hiring of locally employed staff and contractors; (B) documenting the identity and employment of locally employed staff and contractors of the United States Government, including the possibility of establishing a central database of employees of the United States Government and its contractors; (C) the protection in and safety of employees of locally employed staff and contractors; (D) means of expediting processing at all stages of the process for applicants, including consideration of reducing required forms; (E) appropriate staffing levels for expedited processing domestically and abroad; (F) the effect of uncertainty of visa availability on visa processing; (G) the cost and availability of medical examinations; and (H) means to reduce delays in interagency processing and security checks. (d) Consultation In preparing the report under subsection (a), the Inspector General shall consult with— (1) the Visa Office of the Bureau of Consular Affairs Visa Office of the Department of State; (2) the Executive Office of the Bureau of Near Eastern Affairs and South and Central Asian Affairs of the Department of State; (3) the Consular Section of the United States Embassy in Kabul, Afghanistan; (4) the Consular Section of the United States Embassy in Baghdad, Iraq; (5) U.S. Citizenship and Immigration Services of the Department of Homeland Security; (6) the Department of Defense; (7) nongovernmental organizations providing legal aid in the special immigrant visa application process; and (8) wherever possible, current and former employees of the offices referred to in paragraphs (1) through (6). 3102. Inclusion of certain special immigrants in the annual refugee survey Section 413(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1523(b)(1) and individuals who have opted to receive refugee benefits and who were admitted pursuant to section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 8 U.S.C. 1101 Public Law 110–181 8 U.S.C. 1157 Public Law 111–8 8 U.S.C. 1101 Refugee Protection Act of 2022 who have entered the United States, IV Nondiscrimination 4101. Expansion of nondiscrimination provision Section 202(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(1)(A) (1) by striking Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no No (2) by inserting or a nonimmigrant visa, admission or other entry into the United States, or the approval or revocation of any immigration benefit immigrant visa (3) by inserting religion, sex, (4) by inserting before the period at the end the following: , except as specifically provided in paragraph (2), in sections 101(a)(27), 201(b)(2)(A)(i), and 203, if otherwise expressly required by statute, or if a statutorily authorized benefit takes into consideration such factors 4102. Transfer and limitations on authority to suspend or restrict the entry of a class of aliens Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) (f) Authority To suspend or restrict the entry of a class of aliens (1) In general Subject to paragraph (2), if the Secretary of State, in consultation with the Secretary of Homeland Security, determines, based on specific and credible facts, that the entry of any aliens or any class of aliens into the United States would undermine the security or public safety of the United States or the preservation of human rights, democratic processes or institutions, or international stability, the President may temporarily— (A) suspend the entry of such aliens or class of aliens as immigrants or nonimmigrants; or (B) impose any restrictions on the entry of such aliens that the President deems appropriate. (2) Limitations In carrying out paragraph (1), the President, the Secretary of State, and the Secretary of Homeland Security shall— (A) only issue a suspension or restriction when required to address specific acts implicating a compelling government interest in a factor identified in paragraph (1); (B) narrowly tailor the suspension or restriction, using the least restrictive means, to achieve such compelling government interest; (C) specify the duration of the suspension or restriction; (D) consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers; and (E) comply with all provisions of this Act. (3) Congressional notification (A) In general Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. (B) Briefing and report Not later than 48 hours after the President exercises the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall provide a briefing and submit a written report to Congress that describes— (i) the action taken pursuant to paragraph (1) and the specified objective of such action; (ii) the estimated number of individuals who will be impacted by such action; (iii) the constitutional and legislative authority under which such action took place; and (iv) the circumstances necessitating such action, including how such action complies with paragraph (2), as well as any intelligence informing such actions. (C) Termination If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. (D) Congress In this paragraph, the term Congress (4) Publication The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in paragraph (3)(B) in the Federal Register. (5) Judicial review (A) In general Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. (B) Class action Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. (6) Treatment of commercial airlines Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. (7) Rule of construction Nothing in this section may be construed as authorizing the President, the Secretary of State, or the Secretary of Homeland Security to act in a manner inconsistent with the policy decisions expressed in the immigration laws. . 4103. Visa applicants report (a) Initial reports (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 4102 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. 13769, 13780, and 13815, during the effective period of each such proclamation and order. (2) Presidential proclamation 9645 and 9983 In addition to the content described in paragraph (1), the report submitted with respect to Presidential Proclamation 9645, issued on September 24, 2017, and Presidential Proclamation 9983, issued on January 31, 2020, shall include, for each country listed in such proclamation— (A) the total number of individuals who applied for a visa during the time period the proclamation was in effect, disaggregated by country and visa category; (B) the total number of visa applicants described in subparagraph (A) who were approved, disaggregated by country and visa category; (C) the total number of visa applicants described in subparagraph (A) who were refused, disaggregated by country and visa category, and the reasons they were refused; (D) the total number of visa applicants described in subparagraph (A) whose applications remain pending, disaggregated by country and visa category; (E) the total number of visa applicants described in subparagraph (A) who were granted a waiver, disaggregated by country and visa category; (F) the total number of visa applicants described in subparagraph (A) who were denied a waiver, disaggregated by country and visa category, and the reasons such waiver requests were denied; (G) the total number of refugees admitted, disaggregated by country; and (H) the complete reports that were submitted to the President every 180 days in accordance with section 4 of Presidential Proclamation 9645 in its original form, and as amended by Presidential Proclamation 9983. (b) Additional reports Not later than 30 days after the date on which the President exercises the authority under section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) (c) Form; availability The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form. V General provisions 5101. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act, and the amendments made by this Act. 5102. 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 ( Public Law 111–139 Budgetary Effects of PAYGO Legislation

Refugee Protection Act of 2022

One Health Security Act This bill establishes an interagency policy council that is focused on matters pertaining to One Health and national security. One Health refers to a multisectoral and transdisciplinary approach for achieving optimal health outcomes for people, domestic and wild animals, plants, and their shared environments and ecosystems. Specifically, the council must advise the President about, develop a strategy for, and generally coordinate federal activities related to One Health Security (i.e., the operational and functional security of the United States against naturally occurring, accidental, and deliberate biological threats, including identified threats, criminal acts, terrorist acts, supply chain failure and system failure, cyberattacks, or other relevant threats affecting One Health and national security).

117 S5354 IS: One Health Security Act U.S. Senate 2022-12-22 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. 5354 IN THE SENATE OF THE UNITED STATES December 22 (legislative day, December 21), 2022 Mrs. Gillibrand Committee on Health, Education, Labor, and Pensions A BILL To assess, prevent, prepare for, respond to, recover, and mitigate biological threats by establishing the One Health Security Council. 1. Short title This Act may be cited as the One Health Security Act 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) Health threats at the human-animal-plant-environment interface pose risks to public health, animal health, environmental health, plant health, and global health security. (2) Population growth— (A) strains food supplies, threatens food sustainability and nutrition, and exacerbates the consequences of intensified food production in the plant and animal sectors; (B) contributes to natural habitat loss, biodiversity loss, and exploitation of wildlife, which has led to the closer proximity of wild animals to domesticated animals and people; (C) increases urbanization and population density in certain regions; and (D) leads to the increased movement of humans, animals, plants, and products made from plants and animals that increases risk of disease transmission. (3) Diseases that are shared between animals and humans are responsible for— (A) approximately 60 percent of all human infections, including all pandemic outbreaks since the 1970s; (B) up to 75 percent of new or emerging infectious diseases affecting humans; and (C) more than 80 percent of the biological agents that could be intentionally released as biological weapons. (4) Plant diseases are responsible for— (A) estimated worldwide yield losses on food crops of between 10 and 20 percent, including up to a 40 percent loss on maize, potato, rice, soybean, and wheat crops; and (B) disrupting trade by contaminating commodities with plant pathogens and insect pests. (5) Changes in the environment have increased the risk of food insecurity and zoonotic and plant diseases emerging in new geographic areas and different times of year by creating— (A) hospitable conditions for— (i) many zoonotic disease vectors, such as mosquitoes and ticks; (ii) plant diseases, vectors, viruses, and pests, such as mildews, aphids, and nematodes; and (iii) the territorial expansion of such diseases, vectors, and pests into places inhabited by humans and wildlife; and (B) an increase in extreme weather events, such as wildfires, hurricanes, floods, and droughts, leading to— (i) the displacement of animals that are seeking refuge in new areas; (ii) mass gatherings of people and domestic animals seeking shelter, resources, and medical attention; (iii) the destruction of fields of plant crops and livestock farms; and (iv) the displacement of wildlife that often feed on surviving agriculture. (6) Human conflict creates major risk for disease outbreaks and food insecurity due to— (A) the movement of displaced people and animals; and (B) the destruction and neglect of agricultural products resulting in reduced crop yields and the inability to transport food. (7) Antimicrobial resistant bacteria, viruses, fungi, parasites, and other microbes impact the ability of health professionals, including physicians, veterinarians, and plant disease specialists, to manage infectious diseases of humans, animals, and plants. (8) Antimicrobial resistant infections kill an estimated 35,000 Americans annually and more than 700,000 people annually worldwide, resulting in a long-term global pandemic of resistant infections. (9) Addressing complex health-related issues that span human, animal, plant, and environmental health requires coordinated efforts, interagency collaboration, and funding mechanisms that are not constrained to the narrow missions of individual Federal agencies. (10) While One Health efforts to mitigate the emergence and impact of pandemics requires a global perspective, there is a critical need for investment in United States national networks and disease surveillance in order to effectively predict and mitigate local emergence of threats that may be missed by global surveillance. (11) The National Biodefense Strategy and Implementation Plan for Countering Biological Threats, Enhancing Pandemic Preparedness, and Achieving Global Health Security states, Biological threats can affect humans, animals, plants, and the environment, resulting in significant health, economic, social, and national security impacts. It is therefore important to address biological threats using a One Health approach that recognizes the interconnections among people, animals (domestic and wildlife), plants, and the environment. (b) Sense of Congress It is the sense of Congress that— (1) supporting global health security requires mobilizing an interagency council to operationalize the One Health (2) the United States Government needs to create, support, and allocate funds to interagency projects with effective outcomes, including— (A) coordinated and well-funded surveillance and investigation programs designed to identify emerging One Health challenges, including emerging infectious diseases and pathogen resistance to current treatments; (B) comprehensive One Health monitoring, prevention, mitigation, and outreach programs; (C) innovative research and education efforts focused on addressing current and future One Health challenges; (D) organized and funded crisis resilience exercises to verify crisis management, response, and recovery capabilities at the Federal, State, and local levels; (E) statutory authority for Federal agencies to participate in multiagency One Health projects that are critical to national security; (F) prioritized project execution through a One Health Security Council; and (G) comprehensive, equitable, all-species inclusive, and safe care in response to biological threats. 3. Definitions In this Act: (1) Animal The term animal (2) Antimicrobial resistance The term antimicrobial resistance (3) Commercial trade The term commercial trade (A) the purpose of such trade is to obtain an economic benefit, whether in cash or otherwise; and (B) such trade is directed toward the sale, resale, or exchange of wildlife, or any other form of economic use or benefit. (4) Council The term Council (5) Dual use biomedical research The term dual use biomedical research (6) Network The term Network (7) One health The term One Health (A) recognizes the interconnection between people, animals (including domestic and wildlife), plants, and their shared environments (including ecosystems); (B) refers to a collaborative, multisectoral, and transdisciplinary approach, working at the local, regional, national, and global levels, with the goal of achieving optimal health outcomes for the linked systems described in subparagraph (A); and (C) includes matters related to— (i) zoonotic and vector-borne diseases; (ii) the evolution of antimicrobial resistance and stewardship of antimicrobials against organisms, including viruses, bacteria, fungi, and parasites (both pathogenic and non-pathogenic); (iii) risks to animals, plants, other sources of food, and the health of the natural environment, including soil, air, and water; (iv) the use of animals, plants, and the environment as sentinels for human and ecosystem health risks; (v) non-zoonotic infectious diseases associated with global trade; (vi) crises adversely affecting domestic and global commerce in animal populations, plant crops, imported food products, and other sources of safe and nutritious food; (vii) the risks to biodiversity and the well-being of all life on Earth; and (viii) other contexts related to the interconnectedness and shared biological and social systems from comparative medicine and translational research across different species of animals and humans to noncommunicable diseases from exposure to environmental toxins and contaminants inevitably affecting all life forms. (8) One health security The term One Health Security (A) means the operational and functional security of the Nation’s One Health systems against naturally occurring, accidental, and deliberate biological threats, including identified threats, criminal acts, terrorist acts, supply chain failure and system failure, cyberattacks, or other relevant threats affecting One Health and national security; and (B) requires the integration of professionals with expertise in security, law enforcement, and intelligence to join the veterinary, agricultural, environmental, ecological, and human health experts who are essential to One Health and national security. (9) Other sources of food The term other sources of food (10) Plant The term plant (A) commercial, local, public, and private plants used in agriculture, forestry, and nurseries; and (B) native, imported, and endangered plants, including weeds. (11) Spillover The term spillover (12) Wildlife The term wildlife (13) Wildlife market The term wildlife market (A) means a commercial market that sells, processes, or slaughters wildlife or their products for human consumption; and (B) does not include markets in areas where no other practical alternative sources of protein or meat exists, such as markets in rural areas that may trade in wildlife and on which indigenous people rely to feed themselves and their families. (14) Zoonotic disease The term zoonotic disease 4. One Health Security Council (a) Establishment There is hereby established, in the Executive Office of the President, an interagency policy council, which shall be known as the One Health Security Council (b) Functions The Council shall— (1) advise the President with respect to the integration of domestic, foreign, and military policies relating to One Health Security and to enable Federal agencies to cooperate more effectively in matters involving One Health Security; (2) assess and appraise— (A) the objectives and commitments of the United States to protecting One Health Security; (B) the actual and potential capacity of the United States to protect One Health Security; (C) the objectives and goals of the National Biodefense Strategy and Implementation Plan on Countering Biological Threats, Enhancing Pandemic Preparedness, and Achieving Global Health Security; and (D) the risks of not fulfilling related objectives and commitments; (3) make recommendations to the President concerning— (A) the matters described in paragraph (2); and (B) policies to effectively coordinate on matters of common interest to Federal agencies involved with One Health Security; and (4) coordinate the United States Government response to One Health Security threats, including by— (A) reducing the threat of zoonotic disease impacts on public health and national security; (B) reducing the occurrence of infectious diseases of humans, animals, and plants and their antimicrobial resistance to treatments; (C) addressing other cross-cutting, multi-sectoral needs, including pandemic prevention and noninfectious health threats, such as ecosystem health, chemicals, toxins, and natural disasters; (D) fostering collaborative and innovative efforts among academic, private, and government entities to improve— (i) One Health surveillance, detection, prevention, response, mitigation, and recovery efforts and capabilities; and (ii) antimicrobial stewardship; (E) coordinating the acquisition, analysis, and dissemination of information relevant to novel and emerging health threats, such as medical intelligence and biosurveillance, including— (i) the role and impact of misinformation and disinformation on relevant information to One Health; (ii) the role of risk communication; (iii) adaptive strategies to improve communication and dissemination of scientific and evidence-based public health information to the public, to improve such communication between Federal, State, local, and Tribal health officials, and, as appropriate, to address misinformation and disinformation; (iv) the most effective methods for the dissemination of information, including between Federal agencies and members of the Council; and (v) the best practices for communicating information to populations that may be impacted by such misinformation and disinformation; (F) fostering a sustainable network of health care institutions that is able to provide comprehensive care to patients infected with zoonotic diseases, while keeping the health care workforce safe; and (G) promoting a regulated and transparent research network that can study emerging diseases, with a focus on routes of transmission and medical countermeasures. (c) Objectives The Council shall ensure that Federal, State, Tribal, and local governments are taking a whole-of-country approach to One Health Security policies and programs for the United States that— (1) supports interdisciplinary, cross-sectoral collaboration designed to address the complex systems underlying health threats in humans, animals, plants, and the environment, especially zoonosis and antimicrobial resistance, food security, and natural disasters; (2) ensures alignment and structural balance among agencies, academia and the private sector in addressing One Health Security challenges and opportunities; (3) promotes integrated action for early detection, prevention, mitigation, and response to health threats, especially zoonotic disease spillover and outbreaks around the world; (4) addresses the cooperative and timely dissemination of data among agencies and institutions and with the public, and the handling of communications; and (5) ensures that all deliberations, discussions, and meetings involving Federal agencies are subject to the recording provisions of chapter 5 Administrative Procedures Act (d) Leadership (1) Chair The National Security Advisor shall serve as Chair of the Council. (2) Vice chair There shall be up to 3 Vice Chairs of the Council, who shall be selected among the representatives of the Federal agencies referred to in subparagraphs (A), (B), (C), (D), (H), and (M) of subsection (e)(1). Vice Chairs shall serve terms of 3 years, rotating in alphabetical order by name of department or agency. If the Chair is absent from a meeting of the Council, a Vice Chair, who shall be designated by the Chair, shall assume the responsibilities of the Chair during such absence. (e) Composition (1) In general The Council shall be composed of the heads of— (A) the Department of State; (B) the Department of Health and Human Services; (C) the Environmental Protection Agency; (D) the Department of Agriculture; (E) the Department of Commerce; (F) the Department of Defense; (G) the Department of the Treasury; (H) the Department of Homeland Security; (I) the Office of the Director of National Intelligence; (J) the National Science Foundation; (K) the Department of Energy; (L) the Department of Justice; (M) the Department of the Interior; and (N) such other offices of the United States Government as the President may designate. (2) Appointments The head of each agency or organization listed under paragraph (1)— (A) shall— (i) represent such agency on the Council; or (ii) appoint a senior-level staff member to represent such agency on the Council; and (B) may modify an appointment under subparagraph (A)(ii) at any time other than during a Council meeting. (3) Involvement of other federal agencies Council members shall actively invite the Federal agencies and subagencies that have One Health Security responsibilities— (A) to participate, in a nonvoting capacity, in Council meetings and activities, as appropriate; and (B) to remain actively engaged with the Council on an ongoing basis, including by sharing and discussing One Health Security-related research, programming, policy, and funding. (4) Staff (A) In general The Council may hire staff members to assist in carrying out its responsibilities under this section. (B) Expertise Council members shall strive to hire staff who have— (i) varied, cross-cutting expertise in a variety of global One Health topics, including human, animal, plant, and environmental health, conservation, epidemiology, biodiversity, food security, ecology, economics, sociology, data analysis, and medical sciences; (ii) expertise specific to the ecological determinants and prevention of zoonotic and vector-borne disease spillover, amplification, and spread; (iii) expertise specific to health communication; (iv) One Health education; and (v) national security and intelligence. (f) Meetings (1) In general The Council shall meet not less frequently than quarterly to review progress, share new information and knowledge, and attend to other business. (2) Agenda The Chair of the Council, in consultation with the Vice Chairs, is authorized to convene Council meetings and set the agenda for such meetings. Meeting agendas shall be made available to the public. (3) Remote attendance authorized Council members may participate in Council meetings from remote locations. (4) Participation with stakeholders In order to facilitate the coordination of One Health Security efforts, representatives of key stakeholders shall be invited to attend not fewer than 2 Council meetings per year in a nonvoting role. Such stakeholders may include— (A) the Food and Agriculture Organization of the United Nations; (B) the United Nations Environment Programme; (C) the World Organisation for Animal Health; (D) the World Health Organization; (E) the International Monetary Fund; (F) the World Bank; (G) nongovernmental organizations; (H) academic institutions; (I) professional organizations representing veterinarians, physical and mental health professionals, plant pathologists, environmental scientists, people with disabilities, and other relevant experts; (J) national laboratories, foundations, or other private sector groups; and (K) State, territories, Tribes, and local governments. (g) Major activities The Council shall— (1) develop a comprehensive One Health Security Strategy; (2) beginning 1 year after the date of the enactment of this Act, provide annual recommendations to Congress regarding the optimal distribution of One Health Security funding, including the disbursement of appropriated funds through interagency agreements, to support— (A) One Health educational activities and programs— (i) for primary and secondary education students through the Department of Education; and (ii) primary, secondary, and tertiary education students through the National Science Foundation; (B) the National Plant Diagnostics Network; (C) the National Animal Health Laboratory Network; (D) One Health educational programs for the public, including sponsored annual conferences and readiness exercises, which shall be conducted not more frequently than semiannually by the National Park Service, the Army Educational Outreach Service, and the Fish and Wildlife Service to achieve the global One Health goals and the United Nations Sustainable Development Goals; and (E) intramural and extramural programs intended to achieve the purposes set forth in the One Health Security Strategy that are led by international organizations, such as the stakeholders listed in subparagraphs (A) through (K) of subsection (f)(4) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora Secretariat; (3) provide continuous updates on internationally reportable high-risk incidents adversely affecting the security and stability of One Health Security programs and efforts; (4) analyze the scope and context of all One Health Security-related activities receiving Federal funding, including activities partially funded with non-Federal funds, to identify opportunities, gaps, duplications, existing relationships, organizational strengths, and the degree to which such activities align with the goals identified by the Council and the One Health Security Strategy; (5) make recommendations to Congress and relevant executive branch agencies regarding the scope and context of One Health Security-related activities receiving Federal funding, including the role and impact of misinformation and disinformation related to One Health Security-related activities; (6) facilitate public-private partnerships, including zoological and aquatic parks, and government-university partnerships to accelerate impact, increase cost-effectiveness, and better address the root drivers of spillover and spread; (7) regularly consult with foreign governments, nongovernmental organizations, foundations, and international organizations, including the World Bank, the International Monetary Fund, the World Health Organization, the World Organisation for Animal Health, the Food and Agriculture Organization, and the United Nations Environmental Programme that carry out One Health Security-related activities; (8) provide guidance to the Office of Management and Budget regarding the types of activities that should be classified as related to One Health Security and global One Health; (9) identify research gaps and opportunities, particularly those that can be addressed by researchers and research organizations in the United States; and (10) identify specific crisis response and incident response capabilities of each State for spillover events and other health threats and submit semiannual reports to Congress describing each State’s One Health crisis readiness. (h) Decision Making (1) One health security strategy (A) Comment period The Council shall— (i) provide a 60-day public comment period before finalizing the One Health Security Strategy; and (ii) incorporate the input received from the public during such period, as appropriate. (B) Voting and resolving disagreements If the Council requires a vote or cannot reach consensus regarding any element in the One Health Security Strategy, including strategic goals, programming priorities, and funding priorities, the Council members shall vote on the competing options, with the presiding Chair casting the deciding vote, if necessary. The option supported by a simple majority of Council members shall be included in the One Health Security Strategy. When casting votes, Council members shall consult with their relevant subagencies, as needed. Each department or agency will be allowed only 1 vote regardless of the amount of representation or stakeholders present at the meeting. (2) Quorum If 1 or more Council members impede the ability of the Council to perform its duties by repeatedly failing to attend Council meetings or refusing to vote on Council matters, a majority of Council members who are present and voting shall constitute a quorum and may approve previously noticed decision items through a simple majority. Council meetings may not commence without the participation of a quorum of at least 8 voting members. (3) OMB observer The Director of the Office of Management and Budget may send an observer to any Council meeting at which the Council is expected to make a decision regarding the distribution of Federal funding to a project. Such observer may not vote on Council matters. 5. One Health Security Strategy (a) In general The One Health Security Strategy required under section 4(g)(1) shall build from, link with, and contribute to existing domestic and international One Health Security-related efforts, including— (1) efforts outlined by the Global Health Security Agenda, the interagency Task Force for Combating Antibiotic-Resistant Bacteria, the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, and the Presidential Task Force to Combat Wildlife Trafficking; (2) existing strategies, such as the National Security Strategy, the Global Health Security Strategy, the National Health Security Strategy, the National Strategy for Combating Wildlife Trafficking, and the National Biodefense Strategy and Implementation Plan for Countering Biological Threats, Enhancing Pandemic Preparedness, and Achieving Global Health Security; (3) Federal investments related to such efforts and strategies, such as the Biomedical and Advanced Research and Development Authority, the Administration for Strategic Preparedness and Response, the World Health Organization, the World Organisation for Animal Health, the Food and Agriculture Organization, and the United Nations Environmental Programme; and (4) the programs and activities described in the inventory and capabilities assessment carried out pursuant to section 7(b). (b) Elements The One Health Security Strategy shall include— (1) a definition of the scope of One Health Security that— (A) aligns with existing practices by the member agencies of the One Health Security Council to the extent possible and considers governmental and nongovernmental definitions for One Health, such as definitions offered by the World Health Organization’s One Health High-Level Expert Panel, the Quadripartite organization’s One Health Joint Plan of Action, and the National Biodefense Strategy and Implementation Plan for Countering Biological Threats, Enhancing Pandemic Preparedness, and Achieving Global Health Security, published in October 2022; and (B) includes— (i) zoonotic disease and vector-borne disease prevention, detection, and response and all aspects of prevention of resistance to pathogen treatments; (ii) issues related to the matters described in clause (i), such as— (I) legal and illegal wildlife trafficking and commercial trade, including wildlife markets, animal husbandry, habitat destruction, and degradation; (II) biodiversity loss; and (III) climate change; (iii) plant disease prevention, detection, response, and surveillance; (iv) risk of intentional misuse of advances in biotechnology; (v) accidental release of biological agents; and (vi) threats posed by terrorist groups or adversaries seeking to use biological weapons; (2) short-term (1 year) objectives, intermediate-term (2 to 3 years) objectives, and long-term (4 years or more) objectives; (3) prioritized areas for further study and targeted technological investments, such as— (A) targeted vaccines, the development of novel vaccine pipelines, and judicious antimicrobial usage for people, plants, and animals to reduce antimicrobial resistance; (B) new diagnostic test pipelines to rapidly detect and monitor pathogens in animals, plants, and humans; (C) advanced technologies for animal, human, and plant disease surveillance, conservation and other related surveillance, and actionable data, including wastewater surveillance and use of predictive analytics, user behavior analytics, or certain other advanced data analytics methods that extract value from large and multiple data sets to improve and target surveillance; (D) data sharing best practices among Federal agencies and partners that can utilize data in disease surveillance; (E) research networks, such as the National Emerging Special Pathogens Training and Education Center’s Special Pathogens Research Network, to study novel countermeasures for emerging zoonotic pathogens; (F) the manufacturing and timely distribution of vaccines, therapeutics, and remedies to biological threats; and (G) other research priorities identified by the Council; (4) prioritized activities to prevent and address One Health Security threats, including zoonotic, vector-borne, and plant disease amplification and spread, including— (A) pathogen and risk identification and mitigation in advance of spillover; (B) surveillance and containment activities, including efforts to incentivize and encourage early reporting of risk alerts, spillover events, localized outbreaks, and routine surveillance; (C) global efforts to coordinate antimicrobial resistance response in humans and animals; (D) efforts to eliminate wildlife trafficking; (E) efforts to stop habitat destruction or degradation, deforestation, and biodiversity loss; (F) efforts to promote food security and safety through animal, plant, and other sources of food disease and health surveillance, including in populations dependent on wildlife for protein; (G) efforts to reduce consumer demand for wildlife, wildlife products, and restricted and endangered plants, including protected wood and other tree products, identified in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8429); (H) efforts to support integrated emergency response to identified spillover crises and related threats; (I) protocol development to improve holistic response to and recovery from disease outbreaks in animals, plants, and humans; (J) One Health workforce development to prevent and respond to disease outbreaks and other health threats affecting animals, plants, humans, and the environment; (K) efforts to identify and mitigate dissemination of misinformation and disinformation related to One Health; (L) other efforts to protect the collective health of animals, humans, plants, and the environment, especially those conducted through global collaborations and partnerships; (M) enhanced partnerships with academia to teach plant health and disease surveillance in universities to address workforce gaps; and (N) preparing and equipping health care institutions for managing patients with emerging zoonotic diseases in a safe and equitable manner; (5) a description of proposed incentives to encourage national and subnational engagement in One Health Security efforts, particularly community education and mobilization activities and participation in data collection and reporting activities in support of the One Health Security Strategy; (6) anticipated measures of success, including benchmarks to monitor progress of short-, medium-, and long-term objectives; (7) a description of how the strategy reflects and builds from existing Federal organizational activities, relationships, and capabilities; (8) a description of how the strategy addresses gaps, especially those identified in the inventory and capabilities assessment carried out pursuant to section 7(b); (9) direction, oversight, and coordination of the One Health Security and Pandemic Preparedness Network; and (10) semiannual readiness exercises to test, validate, and improve the emergency response operations of the One Health Security and Pandemic Preparedness Network. 6. Advisory committees (a) Technical Advisory Committee (1) In general The Council shall establish and semiannually convene a Technical Advisory Committee, which shall be composed of United States Government One Health Security experts who represent a variety of sectors, including experts in human, animal, plant and environmental health, conservation, emerging pathogens, and ecology. (2) Member selection priorities The Council shall prioritize the selection of committee members with existing expertise that will help advance the objectives of the One Health Security Strategy, including experts from academia, nongovernmental organizations, industry, and State, local, territorial, and Tribal governments. (3) Guidance The Technical Advisory Committee shall provide technical and programmatic guidance to the Council relating to the implementation of One Health Security programs, which shall be included in annual reports that are available to the public. (4) Additional recommendations In addition to the guidance described in paragraph (3), the Technical Advisory Committee may provide additional recommendations to Congress, Federal agencies, or international organizations that are outside the scope of the Council’s responsibilities under this Act. (b) Scientific Advisory Committee (1) In general The Council shall establish a standing Scientific Advisory Committee, which shall be composed of global One Health academics based at institutions of higher learning, including— (A) individuals with expertise in human, animal, plant, and environmental health, conservation, and ecology; and (B) experts from foreign countries, as appropriate. (2) Member selection priorities The Council shall prioritize the selection of committee members with existing expertise that will help advance the objectives of the One Health Security Strategy, including experts from academia, nongovernmental organizations, industry, and State, local, territorial, and tribal governments. (3) Guidance The Scientific Advisory Committee shall— (A) provide regular updates to the Council regarding recent scientific advances and opportunities; (B) provide scientific guidance to the Council to inform strategic direction; (C) provide scientific guidance to the Task Force for Combating Antibiotic-Resistant Bacteria regarding the operation of the One Health Security and Pandemic Preparedness Network; and (D) not later than the last day of each fiscal year, submit an annual Spillover Threat Report outlining remedial and corrective actions relevant to the effective operation of the One Health Security System to the Task Force for Combating Antibiotic-Resistant Bacteria. 7. Reports (a) Initial work plan Not later than 6 months after the date of the enactment of this Act, the Council shall submit the initial 12-month work plan to— (1) the Committee on Foreign Relations of the Senate (2) the Committee on Health, Education, Labor, and Pensions of the Senate (3) the Committee on Environment and Public Works of the Senate (4) the Committee on Agriculture, Nutrition, and Forestry of the Senate (5) the Committee on Homeland Security and Governmental Affairs of the Senate (6) the Committee on Armed Services of the Senate (7) the Committee on Foreign Affairs of the House of Representatives (8) the Committee on Energy and Commerce of the House of Representatives (9) the Committee on Science, Space, and Technology of the House of Representatives (10) the Committee on Agriculture of the House of Representatives (11) the Committee on Homeland Security of the House of Representatives (12) the Committee on Armed Services of the House of Representatives (b) Inventory and capabilities assessment (1) In general The Council shall carry out a synthesized inventory and capabilities assessment that includes— (A) an inventory of current One Health Security-related activities by each Federal agency; (B) a description of each Federal agency’s existing capabilities and authorizations; (C) a description of the interagency collaboration within each participating Federal agency to achieve One Health Security goals; and (D) a collective gap analysis of Federal agency crisis response readiness issues. (2) Report Not later than 1 year after the date of the enactment of this Act, the Council shall submit a report to the congressional committees listed in subsection (a) that contains the information described in paragraph (1). (c) One Health Security Strategy Not later than 1 year after the date of the enactment of this Act, the Council shall submit the One Health Security Strategy to the congressional committees referred to in subsection (a). (d) Annual reports Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Council shall submit a report to the congressional committees listed in subsection (a) that includes— (1) an updated One Health Security Strategy, as appropriate; (2) an implementation plan for the upcoming 12-month period; (3) a financial report that includes an accounting of funds appropriated to carry out this Act; (4) the latest version of the Council’s monitoring and evaluation plan; (5) a monitoring and evaluation report for the reporting period; (6) summaries of the minutes from Council meetings held during the reporting period; (7) the status of One Health Security-related activities receiving Federal funding; (8) prevailing strategic guidance and priorities; (9) an executive summary of the challenges and achievements of the Council during the reporting period; (10) a summary of the progress made toward building the One Health Security and Pandemic Preparedness Network in accordance with section 8, including— (A) the total funds appropriated, obligated, and expended to build the One Health Security and Pandemic Preparedness Network; (B) an assessment of the efficacy of One Health Security and Pandemic Preparedness Network programs receiving Federal funding; and (C) other activities undertaken by the One Health Security and Pandemic Preparedness Network; (11) a summary of additional personnel hired with funding appropriated pursuant to section 8, disaggregated by Federal agency; (12) a description of the partnerships developed with other institutions of higher learning and nongovernmental organizations to carry out the One Health Security Strategy; and (13) a copy of the annual Spillover Threat Report prepared by the Scientific Advisory Committee pursuant to section 6(b)(3)(D). (e) Monitoring and investigations If the Council determines that a foreign country or syndicate is engaged in illegal deforestation or illegal trade or trafficking of wildlife, or that increasing or decreasing existing or potential sanctions or law enforcement actions with respect to such country would expedite the achievement of Council goals, the Council shall submit a report to the President and Congress that describes the evidence supporting such determination, which may include recommended sanctions or law enforcement actions against such country. (f) Dual-Use research Oversight of federally conducted or federally supported dual use biomedical research, such as the review of policies or frameworks used to assess and appropriately manage safety and security risks associated with such research, taking into consideration national security concerns, the potential benefits of such research, considerations related to the research community, transparency, and public availability of information, and international research collaboration. (g) Public availability All of the reports required under this section shall be made available to the public and may include a classified annex, as necessary. 8. Authorization of appropriations (a) Startup funding There is authorized to be appropriated $55,000,000 to the Office of Management and Budget (referred to in this subsection as OMB (1) $45,000,000 shall be allocated by the Council among the appropriate Federal agencies— (A) to collect key information; (B) to conduct key research; and (C) to initiate other key activities, as determined by the One Health Security Council; and (2) $10,000,000 may be used to carry out the internal operations of the Council, including staffing, travel, and other administrative expenses. (b) Second-Year funding (1) In general There is authorized to be appropriated $500,000,000 to the OMB for fiscal year 2024. The Council is authorized to allocate such funding among the appropriate Federal agencies to carry the functions of the Council. Of such amounts— (A) 75 percent may be spent for new or expanded One Health Security activities; and (B) 25 percent may be spent to flexibly respond to developing events and fill gaps left by congressional and agency decisions. (2) Recommendations Not later than September 30, 2023, the Council shall submit a report to the congressional committees listed in section 7(a), the Committee on Appropriations of the Senate Committee on Appropriations of the House of Representatives (A) describe the optimal allocation of amounts appropriated pursuant to paragraph (1); (B) reflect the Federal agency competencies identified in the inventory and capabilities assessment carried out pursuant to section 7(b), including the utilization of existing bilateral and multilateral mechanisms, as appropriate; and (C) are made in accordance with the decision-making parameters described in section 4(h). (c) Ongoing funding (1) In general There is authorized to be appropriated $900,000,000 to the OMB for fiscal year 2025, and for each fiscal year thereafter. The Council is authorized to allocate such funding among the appropriate Federal agencies to carry out the functions of the Council. Of such amounts— (A) $675,000,000 may be expended each fiscal year for new or expanded Global One Health activities; and (B) $225,000,000 may be expended each fiscal year to flexibly respond to developing events and fill gaps left by congressional and agency decisions. (2) Recommendations Not later than September 30, 2024, and not later than the last day of each subsequent fiscal year, the Council shall submit a report to the congressional committees listed in section 7(a), the Committee on Appropriations of the Senate Committee on Appropriations of the House of Representatives (d) Disbursement Amounts appropriated pursuant to this section— (1) may be disbursed through the appropriate Federal agencies to nongovernmental organizations and international organizations for approved One Health Security activities; or (2) may be expended for programs conducted by Federal agencies in accordance with appropriations Acts and the approved One Health Security Strategy. (e) Supplement and not supplant Amounts appropriated pursuant to this section shall supplement, and may not supplant, any existing funding for global One Health Security-related activities. (f) Cross-Cutting budget code The Director of the OMB, in accordance with the guidance received from the Council pursuant to section 4(g)(10), shall establish a cross-cutting budget code to identify existing and new One Health Security-related activities and funding levels by Federal agency. (g) Compliance with recommendations Any Federal agency engaged in One Health Security-related activities shall— (1) comply with Council recommendations when making funding decisions for such activities; and (2) use Council recommendations to guide funding decisions pertaining to One Health Security-related activities funded outside of the jurisdiction of the Council.

One Health Security Act

Disaster Relief Supplemental Appropriations Act, 2023 This bill provides FY2023 supplemental appropriations to several federal departments and agencies for programs and activities to respond to natural disasters, such as hurricanes, tornadoes, wildfires, and flooding.

117 S5355 : Disaster Relief Supplemental Appropriations Act, 2023 U.S. Senate 2022-12-22 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. 5355 IN THE SENATE OF THE UNITED STATES December 22, 2022 Mr. Scott of Florida Mr. Rubio A BILL Making emergency supplemental appropriations for disaster relief for the fiscal year ending September 30, 2023, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENT OF AGRICULTURE AGRICULTURAL PROGRAMS Processing, Research and Marketing Office of the Secretary For an additional amount for Office of the Secretary Provided, Provided further Provided further, Public Law 117–43 Agricultural research service BUILDINGS AND FACILITIES For an additional amount for Buildings and Facilities Food safety and inspection service For an additional amount for Food Safety and Inspection Service FARM PRODUCTION AND CONSERVATION PROGRAMS Farm Service Agency EMERGENCY FOREST RESTORATION PROGRAM For an additional amount for Emergency Forest Restoration Program Natural Resources Conservation Service WATERSHED AND FLOOD PREVENTION OPERATIONS For an additional amount for Watershed and Flood Prevention Operations RURAL DEVELOPMENT PROGRAMS Rural Housing Service RURAL HOUSING ASSISTANCE GRANTS For an additional amount for Rural Housing Assistance Grants Provided, 42 U.S.C. 1471(b)(3) Provided further, Provided further, RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT For an additional amount for Rural Community Facilities Program Account Provided, Provided further, Rural Utilities Service RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT For an additional amount for Rural Water and Waste Disposal Program Account Provided, Provided further, Provided further, GENERAL PROVISIONS—THIS TITLE 101. In addition to other funds available for such purposes, not more than three percent of the amounts provided in each account under the Rural Development Programs Rural Development, Salaries and Expenses 102. For necessary expenses for salary and related costs associated with Agriculture Quarantine and Inspection Services activities pursuant to 21 U.S.C. 136a(6) 21 U.S.C. 136 Provided, 21 U.S.C. 136 6 U.S.C. 231(f) II DEPARTMENT OF COMMERCE Economic Development Administration ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS (INCLUDING TRANSFERS OF FUNDS) Pursuant to section 703 of the Public Works and Economic Development Act ( 42 U.S.C. 3233 Economic Development Assistance Programs 42 U.S.C. 5121 et seq. Provided, Salaries and Expenses Provided further, Provided further, Office of Inspector General For an additional amount for Economic Development Assistance Programs National Institute of Standards and Technology SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES For an additional amount for Scientific and Technical Research and Services 15 U.S.C. 7301 INDUSTRIAL TECHNOLOGY SERVICES For an additional amount for Industrial Technology Services Public Law 117–167 National Oceanic and Atmospheric Administration OPERATIONS, RESEARCH, AND FACILITIES For an additional amount for Operations, Research, and Facilities For an additional amount for Operations, Research, and Facilities 16 U.S.C. 3701 PROCUREMENT, ACQUISITION AND CONSTRUCTION For an additional amount for Procurement, Acquisition and Construction Public Law 115–25 For an additional amount for Procurement, Acquisition and Construction FISHERIES DISASTER ASSISTANCE For an additional amount for Fisheries Disaster Assistance Provided, DEPARTMENT OF JUSTICE Federal prison system BUILDINGS AND FACILITIES For an additional amount for Buildings and Facilities SCIENCE National Aeronautics and Space Administration CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION For an additional amount for Construction and Environmental Compliance and Restoration For an additional amount for Construction and Environmental Compliance and Restoration National Science Foundation RESEARCH AND RELATED ACTIVITIES For an additional amount for Research and Related Activities For an additional amount for Research and Related Activities Public Law 117–167 STEM EDUCATION For an additional amount for STEM Education Public Law 117–167 RELATED AGENCIES Legal Services Corporation PAYMENT TO THE LEGAL SERVICES CORPORATION For an additional amount for Payment to the Legal Services Corporation Provided, Public Law 105–119 Public Law 104–134 Public Law 105–119 Provided further, GENERAL PROVISION—THIS TITLE 201. Unobligated balances from amounts made available in paragraph (1) under the heading Procurement, Acquisition and Construction Public Law 117–43 Provided, III DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE—MILITARY OPERATION AND MAINTENANCE Operation and Maintenance, Navy For an additional amount for Operation and Maintenance, Navy Operation and Maintenance, Army Reserve For an additional amount for Operation and Maintenance, Army Reserve Operation and Maintenance, Army National Guard For an additional amount for Operation and Maintenance, Army National Guard IV CORPS OF ENGINEERS—CIVIL DEPARTMENT OF THE ARMY INVESTIGATIONS For an additional amount for Investigations Provided, Provided further, Provided further, Provided further, CONSTRUCTION For an additional amount for Construction Provided, Investigations Provided further, Provided further, Provided further, Public Law 99–662 Provided further, Public Law 113–2 Provided further, Public Law 113–2 Provided further, Public Law 115–123 Provided further, Public Law 115–123 Provided further, Public Law 117–43 Provided further, Public Law 117–43 Provided further, Public Law 117–43 Provided further, Provided further, Public Law 99–662 Provided further, Provided further, Provided further, Provided further, Provided further, For an additional amount for Construction Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, MISSISSIPPI RIVER AND TRIBUTARIES For an additional amount for Mississippi River and Tributaries Provided, Provided further, Provided further, OPERATION AND MAINTENANCE For an additional amount for Operation and Maintenance Provided, Provided further, Provided further, For an additional amount for Operation and Maintenance Provided, Provided further, Provided further, Provided further, FLOOD CONTROL AND COASTAL EMERGENCIES For an additional amount for Flood Control and Coastal Emergencies 33 U.S.C. 701n Provided, Provided further, EXPENSES For an additional amount for Expenses Provided, DEPARTMENT OF ENERGY ENERGY PROGRAMS Electricity For an additional amount for Electricity Provided, POWER MARKETING ADMINISTRATIONS Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration For an additional amount for Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration Provided, Provided further, V INDEPENDENT AGENCIES General Services Administration REAL PROPERTY ACTIVITIES FEDERAL BUILDINGS FUND For an additional amount to be deposited in the Federal Buildings Fund Provided, Small Business Administration DISASTER LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For an additional amount for Disaster Loans Program Account Office of Inspector General Salaries and Expenses VI DEPARTMENT OF HOMELAND SECURITY SECURITY, ENFORCEMENT, AND INVESTIGATIONS Coast Guard OPERATIONS AND SUPPORT For an additional amount for Operations and Support PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For an additional amount for Procurement, Construction, and Improvements PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Federal Emergency Management Agency DISASTER RELIEF FUND (INCLUDING TRANSFER OF FUNDS) For an additional amount for Disaster Relief Fund 42 U.S.C. 5121 et seq. Office of the Inspector General—Operations and Support HERMIT’S PEAK/CALF CANYON FIRE ASSISTANCE ACCOUNT (INCLUDING TRANSFER OF FUNDS) For an additional amount for Hermit’s Peak/Calf Canyon Fire Assistance Account Office of the Inspector General—Operations and Support Provided, Public Law 117–180 GENERAL PROVISIONS—THIS TITLE 601. Notwithstanding sections 104(c) and (d) of the Hermit’s Peak/Calf Canyon Fire Assistance Act (division G of Public Law 117–180 Hermit’s Peak/Calf Canyon Fire Assistance Account Public Law 117–180 602. For necessary expenses related to providing customs and immigration inspection and pre-inspection services at, or in support of ports of entry, pursuant to section 1356 of title 8, United States Code, and section 58c(f) of title 19, United States Code, and in addition to any other funds made available for this purpose, there is appropriated, out of any money in the Treasury not otherwise appropriated, $309,000,000, to offset the loss of Immigration User Fee receipts collected pursuant to section 286(h) of the Immigration and Nationality Act ( 8 U.S.C. 1356(h) 19 U.S.C. 58c(a)(1) VII DEPARTMENT OF THE INTERIOR United States Fish and Wildlife Service CONSTRUCTION For an additional amount for Construction National Park Service CONSTRUCTION For an additional amount for Construction United States Geological Survey SURVEYS, INVESTIGATIONS, AND RESEARCH For an additional amount for Surveys, Investigations, and Research Indian Affairs Bureau of Indian Affairs OPERATION OF INDIAN PROGRAMS For an additional amount for Operation of Indian Programs CONSTRUCTION For an additional amount for Construction Bureau of Indian Education EDUCATION CONSTRUCTION For an additional amount for Education Construction Departmental Offices Department-Wide Programs WILDLAND FIRE MANAGEMENT For an additional amount for Wildland Fire Management For an additional amount for Wildland Fire Management Provided, Provided further, ENVIRONMENTAL PROTECTION AGENCY Leaking Underground Storage Tank Trust Fund Program For an additional amount for Leaking Underground Storage Tank Trust Fund Program State and Tribal Assistance Grants For an additional amount for State and Tribal Assistance Grants Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, For an additional amount for State and Tribal Assistance Grants 42 U.S.C. 300j–1(b) 42 U.S.C. 5121 et seq. Provided, Provided further, For an additional amount for State and Tribal Assistance Grants 42 U.S.C. 300j–12 Provided, 42 U.S.C. 5121 et seq. Provided further, Provided further, Provided further, RELATED AGENCIES DEPARTMENT OF AGRICULTURE Forest Service FOREST AND RANGELAND RESEARCH For an additional amount for Forest and Rangeland Research STATE AND PRIVATE FORESTRY For an additional amount for State and Private Forestry Provided, Provided further, NATIONAL FOREST SYSTEM For an additional amount for National Forest System CAPITAL IMPROVEMENT AND MAINTENANCE For an additional amount for Capital Improvement and Maintenance WILDLAND FIRE MANAGEMENT For an additional amount for Wildland Fire Management For an additional amount for Wildland Fire Management Provided, Provided further, VIII DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT For an additional amount for CDC-Wide Activities and Program Support Provided, National Institutes of Health NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For an additional amount for National Institute of Environmental Health Sciences 42 U.S.C. 9660(a) 42 U.S.C. 5121 et seq. OFFICE OF THE DIRECTOR (INCLUDING TRANSFER OF FUNDS) For an additional amount for Office of the Director Provided, Provided further, Provided further, Administration for Children and Families LOW INCOME HOME ENERGY ASSISTANCE For an additional amount for Low Income Home Energy Assistance 42 U.S.C. 8621 et seq. Provided, For an additional amount for Low Income Home Energy Assistance 42 U.S.C. 8621 et seq. PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT For an additional amount for Payments to States for the Child Care and Development Block Grant Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, CHILDREN AND FAMILIES SERVICES PROGRAMS For an additional amount for Children and Families Services Programs Provided, Provided further, base grant Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 200 percent 125 percent Provided further, Provided further, Provided further, Provided further, Provided further, Office of the Secretary PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND (INCLUDING TRANSFERS OF FUNDS) For an additional amount for Public Health and Social Services Emergency Fund PHS Act Provided, Provided further, Provided further, Health Resources and Services Administration—Primary Health Care Provided further, Provided further, Substance Abuse and Mental Health Services Administration—Health Surveillance and Program Support Provided further, Administration for Community Living—Aging and Disability Services Programs Provided further, Provided further, Food and Drug Administration—Buildings and Facilities Provided further, Office of the Secretary—Office of Inspector General GENERAL PROVISIONS—THIS TITLE 801. (a) In general As the Secretary of Health and Human Services determines necessary to respond to a critical hiring need for emergency response positions, after providing public notice and without regard to the provisions of sections 3309 through 3319 of title 5, United States Code, the Secretary may appoint candidates directly to the following positions, consistent with subsection (b), to perform critical work directly relating to the consequences of Hurricanes Fiona and Ian: (1) Intermittent disaster-response personnel in the National Disaster Medical System, under section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 (2) Term or temporary related positions in the Centers for Disease Control and Prevention and the Office of the Assistant Secretary for Preparedness and Response. (b) Expiration The authority under subsection (a) shall expire 270 days after the date of enactment of this section. 802. Not later than 45 days after the date of enactment of this Act, the agencies receiving funds appropriated by this title shall provide a detailed operating plan of anticipated uses of funds made available in this title by State and Territory, and by program, project, and activity, to the Committees on Appropriations: Provided, Provided further, IX DEPARTMENT OF DEFENSE Military Construction, Navy and Marine Corps For an additional amount for Military Construction, Navy and Marine Corps Provided, Provided further, X DEPARTMENT OF TRANSPORTATION Federal Highway Administration EMERGENCY RELIEF PROGRAM For an additional amount for the Emergency Relief Program Provided, Federal transit administration PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM For an additional amount for Public Transportation Emergency Relief Program Provided, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Public and indian housing TENANT-BASED RENTAL ASSISTANCE For an additional amount for Tenant-Based Rental Assistance Community Planning and Development COMMUNITY DEVELOPMENT FUND (INCLUDING TRANSFERS OF FUNDS) For an additional amount for Community Development Fund Public Law 117–43 Provided, 42 U.S.C. 5305(a) Provided further, Provided further, Department of Housing and Urban Development—Program Office Salaries and Expenses—Community Planning and Development Provided further, Provided further, Department of Housing and Urban Development—Office of the Inspector General Provided further, Housing programs PROJECT-BASED RENTAL ASSISTANCE For an additional amount for Project-Based Rental Assistance XI GENERAL PROVISIONS—THIS ACT 1101. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 1102. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 1103. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2023. 1104. Each amount provided by this Act is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. This Act may be cited as the Disaster Relief Supplemental Appropriations Act, 2023

Disaster Relief Supplemental Appropriations Act, 2023

Robert C. Byrd Mine Safety Protection Act of 2022 This bill revises requirements governing (1) investigations of mine accidents, (2) miners' rights and protections (e.g., whistle-blower rights and protections), (3) mine health and safety standards, (4) underground coal mines, and (5) health and safety training for miners. The Department of Labor, when investigating coal or other mines, must (1) determine why an accident occurred and whether there were violations of law, mandatory health and safety standards, or other requirements; and (2) make recommendations to avoid a recurrence of an accident. The bill expands Labor's enforcement authority, including by requiring Labor to (1) revoke the approval of mine operators' plans or programs based on certain criteria, and (2) order mine operators to withdraw all persons from a mine until Labor approves a new plan. The bill revises civil and criminal penalties, including by subjecting a mine operator who knowingly violates health or safety standards to a felony punishable by up to five years in prison and a $1 million fine. Underground coal mine operators must implement a communication program to brief miners of current mine conditions and install atmospheric monitoring systems. The bill amends the Occupational Safety and Health Act of 1970 to expand its coverage to government employees and increase civil and criminal penalties for violations of the act. The bill also expands whistle-blower rights and protections against retaliation under the act, establishes employee rights with respect to work-related bodily injuries or death, and establishes procedures for correcting serious, willful, or repeated violations of occupational safety and health standards.

117 S5356 IS: Robert C. Byrd Mine Safety Protection Act of 2022 U.S. Senate 2022-12-22 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. 5356 IN THE SENATE OF THE UNITED STATES December 22, 2022 Mr. Casey Mr. Brown Mr. Manchin Committee on Health, Education, Labor, and Pensions A BILL To improve compliance with mine safety and health laws, empower miners to raise safety concerns, and prevent future mine tragedies, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Robert C. Byrd Mine Safety Protection 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. References. TITLE I—Additional inspection and investigation authority Sec. 101. Independent accident investigations. Sec. 102. Subpoena authority and miner rights during inspections and investigations. Sec. 103. Designation of miner representative. Sec. 104. Additional amendments relating to inspections and investigations. TITLE II—Enhanced enforcement authority Sec. 201. Technical amendment. Sec. 202. Procedures and criteria for determining a pattern of violations. Sec. 203. Injunctive authority. Sec. 204. Revocation of approval of plans. Sec. 205. Challenging a decision to approve, modify, or revoke a coal or other mine program or plan. Sec. 206. GAO study on MSHA underground mine plan approval. TITLE III—Penalties Sec. 301. Civil penalties. Sec. 302. Civil and criminal liability of officers, directors, and agents. Sec. 303. Criminal penalties. Sec. 304. Commission review of penalty assessments. Sec. 305. Delinquent payments and prejudgment interest. TITLE IV—Miners’ rights and protections Sec. 401. Protection from retaliation. Sec. 402. Protection from loss of pay. Sec. 403. Underground coal miner employment standard for mines with patterns of violations. TITLE V—Modernizing health and safety standards Sec. 501. Pre-shift review of mine conditions. Sec. 502. Rock dust standards. Sec. 503. Atmospheric monitoring systems. Sec. 504. Study on respirable dust standards. Sec. 505. Refresher training on miners’ rights and responsibilities. Sec. 506. Authority to mandate additional training. Sec. 507. Brookwood-Sago Mine Safety Grants. Sec. 508. Certification of personnel. Sec. 509. Electronic records requirement. TITLE VI—Additional mine safety provisions Sec. 601. Definitions. Sec. 602. Assistance to States. Sec. 603. Double encumbrance; succession plan. TITLE VII—Amendments to the Occupational Safety and Health Act of 1970 Sec. 701. Coverage of public employees. Sec. 702. Enhanced protections from retaliation. Sec. 703. Victims’ rights. Sec. 704. Correction of serious, willful, or repeated violations pending contest and procedures for a stay. Sec. 705. Conforming amendments. Sec. 706. Civil penalties. Sec. 707. Criminal penalties. Sec. 708. Penalties. Sec. 709. Authorization of cooperative agreements by NIOSH Office of Mine Safety and Health. Sec. 710. Effective date. 2. References Except as otherwise expressly provided, whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. I Additional inspection and investigation authority 101. Independent accident investigations (a) In general Section 103(b) ( 30 U.S.C. 813(b) (1) by striking (b) For the purpose (b) Accident investigations (1) In general For all accident investigations under this Act, the Secretary shall— (A) determine why the accident occurred; (B) determine whether there were violations of law, mandatory health or safety standards, or other requirements, and if there is evidence of conduct that may constitute a violation of Federal criminal law, the Secretary may refer such evidence to the Attorney General; and (C) make recommendations to avoid any recurrence. (2) Independent accident investigations (A) In general There shall be, in addition to an accident investigation under paragraph (1), an independent investigation by an independent investigation panel (referred to in this subsection as the Panel (i) any accident involving 3 or more deaths; or (ii) any accident that is of such severity or scale for potential or actual harm that, in the opinion of the Secretary of Health and Human Services, the accident merits an independent investigation. (B) Appointment (i) In general As soon as practicable after an accident described in subparagraph (A), the Secretary of Health and Human Services shall appoint 5 members for the Panel required under this paragraph from among individuals who have expertise in accident investigations, mine engineering, or mine safety and health that is relevant to the particular investigation. (ii) Chairperson The Panel shall include, and be chaired by, a representative from the Office of Mine Safety and Health Research of the National Institute for Occupational Safety and Health (referred to in this subsection as NIOSH (iii) Conflicts of interest Panel members, and staff and consultants assisting the Panel with an investigation, shall be free from conflicts of interest with regard to the investigation, and be subject to the same standards of ethical conduct for persons employed by the Secretary of Health and Human Services. (iv) Composition The Secretary of Health and Human Services— (I) shall appoint as members of the Panel— (aa) 1 operator of a mine or individual representing mine operators; and (bb) 1 representative of a labor organization that represents miners; and (II) may not appoint more than 1 of either type of individuals described in items (aa) and (bb) as members of the Panel. (v) Staff and expenses The Director of NIOSH (referred to in this subsection as the Director (vi) Compensation and travel All members of the Panel who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Each Panel member who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of duties of the Panel. The members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (C) Duties The Panel shall— (i) assess and identify any factors that caused the accident, including deficiencies in safety management systems, regulations, enforcement, industry practices or guidelines, or organizational failures; (ii) identify and evaluate any contributing actions or inactions of— (I) the operator; (II) any contractors or other persons engaged in mining-related functions at the site; (III) any State agency with oversight responsibilities; (IV) any agency or office within the Department of Labor; (V) the Federal Mine Safety and Health Review Commission; or (VI) any other person or entity (including equipment manufacturers); (iii) review the determinations and recommendations of the Secretary under paragraph (1); (iv) prepare a report that— (I) includes the findings regarding the causal factors described in clauses (i) and (ii); (II) identifies any strengths and weaknesses in the Secretary’s investigation; and (III) includes recommendations, including interim recommendations where appropriate, to industry, labor organizations, State and Federal agencies, or Congress, regarding policy, regulatory, enforcement, administrative, or other changes, which, in the judgment of the Panel, would prevent a recurrence at other mines; and (v) publish such findings and recommendations (excluding any portions which the Attorney General requests that the Secretary withhold in relation to a criminal referral) and hold public meetings to inform the mining community and families of affected miners of the Panel's findings and recommendations. (D) Hearings; applicability of certain Federal law The Panel shall have the authority to conduct public hearings or meetings, but shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). All public hearings of the Panel shall be subject to the requirements under section 552b of title 5, United States Code. (E) Memorandum of understanding Not later than 90 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 (i) outlines administrative arrangements which will facilitate a coordination of efforts between the Secretary of Labor and the Panel, ensures that such Secretary's investigation under paragraph (1) is not delayed or otherwise compromised by the activities of the Panel, and establishes a process to resolve any conflicts between such investigations; (ii) ensures that Panel members or staff will be able to participate in investigation activities (such as mine inspections and interviews) related to the Secretary of Labor’s investigation and will have full access to documents that are assembled or produced in such investigation, and ensures that the Secretary of Labor will make available to the Panel all of the authority provided under this section to such Secretary relating to obtaining information and witnesses, which may be requested by the Panel; and (iii) establishes such other arrangements as are necessary to implement this paragraph. (F) Procedures Not later than 90 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 (i) authority for the Panel to use evidence, samples, interviews, data, analyses, findings, or other information gathered by the Secretary of Labor, as the Panel determines valid; (ii) provisions to ensure confidentiality if requested by any witness, to the extent permitted by law, and prevent conflicts of interest in witness representation; and (iii) provisions for preservation of public access to the Panel’s records through the Secretary of Health and Human Services. (G) Subpoenas; witnesses; contempt (i) Subpoena authority For the purpose of making any investigation of any accident or other occurrence relating to health or safety in a coal or other mine under this paragraph, the Director shall at the request of a majority of the Panel, or upon the initiative of such Director, sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (ii) Additional investigative authority In carrying out inspections and investigations under this paragraph, the staff of the Director or Panel and attorneys representing the Director or Panel are authorized to question any individual privately. Under this subparagraph, any individual who is willing to speak with or provide a statement to the Director or Panel’s staff or their attorneys, may do so without the presence, involvement, or knowledge of the operator or the operator's agents or attorneys. The Director or Panel shall keep the identity of an individual providing such a statement confidential to the extent permitted by law. Nothing in this paragraph prevents any individual from being represented by that individual’s personal attorney or other representative. (3) Powers and processes For the purpose ; and (2) by striking give testimony before the Secretary or to appear and produce documents before the Secretary give testimony before the Secretary (or, in the case of a subpoena under paragraph (2)(G), the Director or Panel) and produce documents before the Secretary (or, in such case, the Director or Panel) (b) Reporting requirements Section 511(a) ( 30 U.S.C. 958(a) 501, the status of implementation of recommendations from each independent investigation panel under section 103(b)(2) received in the preceding 5 years, 102. Subpoena authority and miner rights during inspections and investigations Section 103(b) ( 30 U.S.C. 813(b) (4) Additional powers In carrying out inspections and investigations under this subsection, authorized representatives of the Secretary and attorneys representing the Secretary are authorized to question any individual privately. Under this section, any individual who is willing to speak with or provide a statement to such authorized representatives or attorneys representing the Secretary may do so without the presence, involvement, or knowledge of the operator or the operator’s agents or attorneys. The Secretary shall keep the identity of an individual providing such a statement confidential to the extent permitted by law. Nothing in this paragraph prevents any individual from being represented by that individual’s personal attorney or other representative. (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection such sums as may be necessary. . 103. Designation of miner representative Section 103(f) ( 30 U.S.C. 813(f) If any miner is entrapped, disabled, killed, or otherwise prevented as the result of an accident in such mine from designating such a representative directly, such miner’s closest relative may act on behalf of such miner in designating such a representative. If any miner is not currently working in such mine as the result of an accident in such mine, but would be currently working in such mine but for such accident, such miner may designate such a representative. A representative of miners shall have the right to participate in any accident investigation the Secretary initiates pursuant to subsection (b), including the right to participate in investigative interviews and to review all relevant papers, books, documents, and records produced in connection with the accident investigation, unless the Secretary, in consultation with the Attorney General, excludes representatives of miners from the investigation on the grounds that inclusion would interfere with or adversely impact a criminal investigation that is pending or under consideration. 104. Additional amendments relating to inspections and investigations (a) Hours of inspections Section 103(a) ( 30 U.S.C. 813(a) Such inspections shall be conducted during the various shifts and days of the week during which miners are normally present in the mine to ensure that the protections of this Act are afforded to all miners working all shifts. (b) Review of pattern of violations Section 103(a) ( 30 U.S.C. 813(a) Upon request by an operator or authorized representative of such operator, during the course of the inspections required to carry out the requirements of clauses (3) and (4) or (at the discretion of the Secretary) during the pre-inspection conference, the Secretary shall review with the appropriate mine officials the Secretary’s most recent determination regarding whether such operator has a pattern of violations under section 104(e) for the applicable coal or other mine. (c) Injury and illness reporting Section 103(d) ( 30 U.S.C. 813(d) The records to be kept and made available by the operator of the mine shall include man-hours worked, and occupational injuries and illnesses, of the miners employed by, or under the direction or authority of, such operator, and shall be maintained separately for each mine and be reported at a frequency determined by the Secretary, but not less than annually. Independent contractors (within the meaning of section 3(d)) shall be responsible for reporting accidents, occupational injuries and illnesses, and man-hours worked for each mine with respect to the miners in their employ or under their direction or authority. Such independent contractors shall so report at a frequency determined by the Secretary, but not less than annually. Reports or records of operators required and submitted to the Secretary under this subsection shall be signed and certified as accurate and complete by a knowledgeable and responsible person possessing a certification, registration, qualification, or other approval under section 118. Knowingly falsifying such reports or records shall be grounds for revoking such certification, registration, qualification, or other approval under the standards established under subsection (b)(1) of such section. (d) Orders following an accident Section 103(k) ( 30 U.S.C. 813(k) , when present, (e) Conflict of interest in the representation of miners Section 103(a) ( 30 U.S.C. 813(a) During inspections and investigations under this section, and during any litigation under this Act, no attorney shall represent or purport to represent both the operator of a coal or other mine and any other individual, unless such individual has knowingly and voluntarily waived all actual and reasonably foreseeable conflicts of interest resulting from such representation. The Secretary is authorized to take such actions as the Secretary considers appropriate to ascertain whether such individual has knowingly and voluntarily waived all such conflicts of interest. If the Secretary finds that such an individual cannot be represented adequately by such an attorney due to such conflicts of interest, the Secretary may petition the appropriate United States district court which shall have jurisdiction to disqualify such attorney as counsel to such individual in the matter. The Secretary may make such a motion as part of an ongoing related civil action or as a miscellaneous action. II Enhanced enforcement authority 201. Technical amendment 30 U.S.C. 814(d)(1) (1) in the first sentence— (A) by striking any mandatory health or safety standard any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act (B) by striking such mandatory health or safety standards such provisions, regulations, or mandatory health or safety standards (2) in the second sentence, by striking any mandatory health or safety standard any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act, 202. Procedures and criteria for determining a pattern of violations Section 104(e)(4) is amended to read as follows: (4) The criteria for determining when a pattern of violations of mandatory health or safety standards exists, and the requirements for the issuance and termination of notice of a pattern of violations, shall be the criteria and requirements in the regulations promulgated by the Secretary under part 104 of chapter I of title 30, Code of Federal Regulations, as published on January 23, 2013. . 203. Injunctive authority Section 108(a)(2) ( 30 U.S.C. 818(a)(2) a pattern of violation of a course of conduct that in the judgment of the Secretary constitutes a continuing hazard to the health or safety of miners, including violations of this Act or of mandatory health or safety standards or regulations under this Act. 204. Revocation of approval of plans Section 105 ( 30 U.S.C. 815 (1) by redesignating subsection (d) as subsection (e); (2) in subsection (a), by striking subsection (d) subsection (e) (3) by inserting after subsection (c) the following: (d) Revocation of approval of programs or plans (1) Revocation If the Secretary finds that any program or plan of an operator, or part thereof, that was approved by the Secretary under this Act is based on inaccurate information or that circumstances that existed when such program or plan was approved have materially changed and that continued operation of such mine or an area of such mine under such program or plan constitutes a hazard to the safety or health of miners, the Secretary shall revoke the approval of such program or plan. (2) Withdrawal orders Upon revocation of the approval of a program or plan under paragraph (1), the Secretary may immediately issue an order requiring the operator to cause all persons, except those persons referred to in section 104(c), to be withdrawn from such mine or an area of such mine, and to be prohibited from entering such mine or such area, until the operator has submitted and the Secretary has approved a new plan. . 205. Challenging a decision to approve, modify, or revoke a coal or other mine program or plan Section 105(e) ( 30 U.S.C. 815(e) In any proceeding in which a party challenges the Secretary’s decision whether to approve, modify, or revoke a coal or other mine program or plan under this Act, the Commission shall affirm the Secretary’s decision unless the challenging party establishes that such decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. 206. GAO study on MSHA underground mine plan approval Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall provide a report to Congress on the timeliness of approval by the Mine Safety and Health Administration of plans, and amendments to such plans, for underground coal mines under the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. (1) factors that contribute to any delays in the approval of such plans; and (2) as appropriate, recommendations for improving timeliness of plan review and for achieving prompt decisions regarding such approval. III Penalties 301. Civil penalties (a) Targeted penalties Section 110(b) ( 30 U.S.C. 820(b) (3) Any person may be assessed a civil penalty of not more than $220,000 for— (A) any change to a ventilation system or ventilation control in a coal or other mine, where such ventilation system or control is required by a ventilation plan, safety standard, or order, and such change is made without prior approval of the Secretary and diminishes the level of protection below the minimum requirements of the approved ventilation plan or applicable safety standard or order; (B) a violation of a mandatory health or safety standard requiring rock dusting in a coal mine; (C) a violation of the prohibition under section 103 on providing advance notice of an inspection; or (D) a violation of a mandatory health or safety standard requiring examinations of work areas in an underground coal mine. . (b) Increased civil penalties for patterns of violations Section 110(b) ( 30 U.S.C. 820(b) (4) Notwithstanding any other provision of this Act, an operator of a coal or other mine that has established a pattern of violations under section 104(e) shall be assessed an increased civil penalty for any violation of this Act, including any mandatory health or safety standard or regulation promulgated under this Act. Such increased penalty shall be twice the amount that would otherwise be assessed for the violation under this Act, including the regulations promulgated under this Act, subject to the maximum civil penalty established for the violation under this Act. . (c) Civil penalty for retaliation Section 110(a) ( 30 U.S.C. 820(a) (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) If any person violates section 105(c), the Secretary shall propose, and the Commission shall assess, a civil penalty of not less than $10,000 or more than $100,000 for the first occurrence of such violation, and not less than $20,000 or more than $200,000 for any subsequent violation, during any 3-year period. . (d) Technical amendment Section 110(a)(1) ( 30 U.S.C. 820(a)(1) including any regulation promulgated under this Act, this Act, 302. Civil and criminal liability of officers, directors, and agents Section 110(c) ( 30 U.S.C. 820(c) (c) Civil and criminal liability of officers, directors, and agents (1) Civil penalties Whenever an operator engages in conduct for which the operator is subject to a civil penalty under this section, any director, officer, or agent of such operator who knowingly authorizes, orders, or carries out such conduct, or who knowingly authorizes, orders, or carries out any policy or practice that results in such conduct (having reason to believe such a result would occur), shall be subject to the same civil penalty under this section as such operator. (2) Criminal penalties Whenever an operator engages in conduct for which the operator is subject to a criminal penalty under subsection (d), any director, officer, or agent of such operator who knowingly authorizes, orders, or carries out such conduct, or who knowingly authorizes, orders, or carries out a policy or practice that results in such conduct (knowing that such a result would occur), shall be subject to the same penalty under paragraph (1), (2), or (3) of subsection (d) as such operator. . 303. Criminal penalties (a) In general Section 110(d) ( 30 U.S.C. 820(d) (d) Criminal penalties (1) In general Subject to paragraph (2), any operator shall, upon conviction, be assessed a fine of not more than $250,000, imprisoned for not more than 1 year, or both, if such operator knowingly— (A) violates a mandatory health or safety standard; or (B) violates (or fails or refuses to comply with) any order issued under section 104 or 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)). (2) Previous conviction Any operator who commits a violation under paragraph (1) after having been previously convicted of a violation under such paragraph and knows or has reason to know that such subsequent violation has the potential to expose a miner to a risk of serious injury, serious illness, or death, shall, upon such subsequent conviction, be fined not more than $1,000,000, or imprisoned for not more than 5 years, or both. (3) Significant risk of serious injury, serious illness, or death (A) In general Subject to subparagraph (B), any operator shall, upon conviction, be fined not more than $1,000,000 or imprisoned for not more than 5 years, or both, if such operator recklessly exposes a miner to a significant risk of serious injury, serious illness, or death, by knowingly— (i) tampering with or disabling a required safety device (except with express authorization from the Secretary); (ii) violating a mandatory health or safety standard; or (iii) violating (or failing or refusing to comply with) an order issued under section 104 or 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)). (B) Exception Any operator who commits a violation under subparagraph (A) after having been previously convicted of a violation under such subparagraph shall, upon such subsequent conviction, be fined not more than $2,000,000, or imprisoned for not more than 10 years, or both. (4) Interference with employment or livelihood (A) In general Any operator shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both, if such operator knowingly, and with any intent described in subparagraph (B), interferes with the lawful employment or livelihood of a person, or the spouse, sibling, child, or parent of a person, because such person, spouse, sibling, child, or parent provides information, in reasonable belief that such information is true and related to an apparent health or safety violation (or to an apparent unhealthy or unsafe condition, policy, or practice) under this Act, to an authorized representative of the Secretary, to a State or local mine safety or health officer or official, or to any other law enforcement officer or official. (B) Intent The intent required under subparagraph (A) is the intent to— (i) retaliate against a person, spouse, sibling, child, or parent described in such subparagraph; or (ii) prevent such person, spouse, sibling, child, or parent from providing the information as described in such subparagraph. . (b) Advance notice of inspections (1) In general Section 110(e) ( 30 U.S.C. 820(e) (e) Advance notice of inspections (1) In general Subject to paragraph (2), any person (other than the Secretary of Health and Human Services with respect to inspections under clauses (1) and (2) of section 103(a)) who knowingly, with the intent to give advance notice of an inspection conducted, or to be conducted, under this Act and thereby with the intent to impede, interfere with, or frustrate such inspection, engages in, or directs another person to engage in, conduct that a reasonable person would expect to result in such advance notice, shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (2) Offense by a miner Any miner (other than a director, officer, or agent of the operator involved) who commits the offense described in paragraph (1) at the direction of a superior shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both, unless such miner commits a subsequent offense under this subsection (without regard to whether the offense was committed at the direction of a superior) in which case such miner shall be fined for such subsequent offense under title 18, United States Code, imprisoned for not more than 5 years, or both. . (2) Posting of advance notice penalties Section 109 ( 30 U.S.C. 819 (e) Posting of advance notice penalties Each operator of a coal or other mine shall post, on the bulletin board described in subsection (a) and in a conspicuous place near each staffed entrance to the mine property, a notice stating, in a form and manner to be prescribed by the Secretary— (1) that it is unlawful under section 110(e) for any person (other than the Secretary of Health and Human Services with respect to inspections under clauses (1) and (2) of section 103(a)), with the intent to impede, interfere with, or frustrate an inspection conducted or to be conducted under this Act, to engage in, or direct another person to engage in, any conduct that a reasonable person would expect to result in advance notice of such inspection; and (2) the maximum penalties for a violation under section 110(e). . 304. Commission review of penalty assessments Section 110(i) ( 30 U.S.C. 820(i) In assessing civil monetary penalties, the Commission shall consider In any review of a citation and proposed penalty assessment contested by an operator, the Commission shall assess not less than the penalty derived by using the same methodology (including any point system) prescribed in regulations under this Act, so as to ensure consistency in operator penalty assessments, except that the Commission may assess a penalty for less than the amount that would result from the utilization of such methodology if the Commission finds that there are extraordinary circumstances. If there is no such methodology prescribed for a citation or there are such extraordinary circumstances, the Commission shall assess the penalty by considering 305. Delinquent payments and prejudgment interest (a) Pre-Final order interest Section 110(j) ( 30 U.S.C. 820(j) Pre-final order interest on such penalties shall begin to accrue on the date the operator contests a citation issued under this Act, including any mandatory health or safety standard or regulation promulgated under this Act, and shall end upon the issuance of the final order. Such pre-final order interest shall be calculated at the current underpayment rate determined by the Secretary of the Treasury pursuant to section 6621 (b) Ensuring payment of penalties (1) Amendments Section 110 ( 30 U.S.C. 820 (A) by redesignating subsection (l) as subsection (m); and (B) by inserting after subsection (k) the following: (l) Ensuring payment of penalties (1) Delinquent payment letter If the operator of a coal or other mine fails to pay any civil penalty assessment that has become a final order of the Commission or a court within 45 days after such assessment became a final order, the Secretary shall send the operator a letter advising the operator of the consequences under this subsection of such failure to pay. The letter shall also advise the operator of the opportunity to enter into or modify a payment plan with the Secretary based upon a demonstrated inability to pay, the procedure for entering into such plan, and the consequences of not entering into or not complying with such plan. (2) Withdrawal orders following failure to pay If an operator that receives a letter under paragraph (1) has not paid the assessment by the date that is 180 days after such assessment became a final order and has not entered into a payment plan with the Secretary, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from, and to be prohibited from entering, the mine that is covered by the final order described in paragraph (1), until the operator pays such assessment in full (including interest and administrative costs) or enters into a payment plan with the Secretary. If such operator enters into a payment plan with the Secretary and at any time fails to comply with the terms specified in such payment plan, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from the mine that is covered by such final order, and to be prohibited from entering such mine, until the operator rectifies the noncompliance with the payment plan in the manner specified in such payment plan. . (2) Applicability and effective date The amendments made by paragraph (1) shall apply to all unpaid civil penalty assessments under the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. 30 U.S.C. 820(l) IV Miners’ rights and protections 401. Protection from retaliation Section 105(c) ( 30 U.S.C. 815(c) (c) Protection from retaliation (1) Retaliation prohibited (A) Retaliation for complaint or testimony No person shall discharge, or in any manner discriminate against, cause to be discharged, cause discrimination against, or otherwise interfere with the exercise of the statutory rights of, any miner or other employee of an operator, representative of miners, or applicant for employment at a mine of such operator (including the spouse, sibling, child, or parent of such miner, employee, representative, or applicant, if such spouse, sibling, child, or parent is employed or applying for employment at a mine under the control of such operator)— (i) because such miner, employee, representative, or applicant— (I) has filed or made a complaint, or is about to file or make a complaint, including a complaint notifying such operator or the operator’s agent, or the representative of the miners at such mine, of an alleged danger or safety or health violation in such mine; (II) has instituted or caused to be instituted, or is about to institute or cause to be instituted, any proceeding under or related to this Act; (III) has testified, or is about to testify, in any such proceeding or has testified, or is about to testify, before Congress or in any Federal or State proceeding related to safety or health in a coal or other mine; (IV) has exercised on behalf of any individual, including such miner, employee, representative, or applicant, any such statutory right; (V) has reported to such operator or agent any injury or illness; or (VI) has refused to violate any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act; (ii) because such miner is the subject of medical evaluations and potential transfer under a standard published pursuant to section 101; or (iii) where the discharge, discrimination, or other interference was based on a suspicion or belief that such miner, employee, representative, or applicant engaged in, or is about to engage in, any of the activities described in clause (i). (B) Retaliation for refusal to perform duties (i) In general No person shall discharge or in any manner discriminate against a miner or other employee of an operator, or applicant for employment at a mine of such operator, for refusing to perform the duties of a miner, other employee, or applicant if such miner, other employee, or applicant has a good-faith and reasonable belief that performing such duties would pose a safety or health hazard to such miner, other employee, or applicant, or to any other miner or employee. (ii) Standard For purposes of clause (i), the circumstances causing the miner’s, other employee’s, or applicant's good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person, under the circumstances confronting the miner, other employee, or applicant, would conclude that there is such a hazard. In order to qualify for protection under this paragraph, the miner, other employee, or applicant, when practicable, shall have communicated or attempted to communicate the safety or health concern to the operator and have not received from the operator a response reasonably calculated to allay such concern. (2) Complaint Any miner or other employee of an operator, representative of miners, or applicant for employment at a mine of such operator who believes that he or she has been discharged, disciplined, or otherwise discriminated against by any person in violation of paragraph (1) (A) the last date on which an alleged violation of paragraph (1) (B) the date on which such miner, employee, representative, or applicant knows or should reasonably have known that such alleged violation occurred. (3) Investigation and hearing (A) Commencement of investigation and initial determination Upon receipt of a complaint under paragraph (2), the Secretary shall— (i) forward a copy of the complaint to the respondent; (ii) commence an investigation within 15 days of the Secretary’s receipt of the complaint; and (iii) as soon as practicable after commencing the investigation under clause (ii), make the determination required under subparagraph (B). (B) Reinstatement If the Secretary finds that a complaint under paragraph (2) was not frivolously brought, the Commission, on an expedited basis upon application of the Secretary, shall order the immediate reinstatement of the miner, employee, or representative described in such paragraph until there has been a final Commission order disposing of the underlying complaint. If either the Secretary or such miner, employee, or representative pursues the underlying complaint, such reinstatement shall remain in effect until the Commission has disposed of such complaint on the merits, regardless of whether the Secretary pursues such complaint by filing a complaint under subparagraph (D) or the miner or other employee pursues such complaint by filing an action under paragraph (4). If neither the Secretary nor such miner, employee, or representative pursues the underlying complaint within the periods specified in paragraph (4), such reinstatement shall remain in effect until such time as the Commission may, upon motion of the operator and after providing notice and an opportunity to be heard to the parties, vacate such complaint for failure to prosecute. (C) Investigation Such investigation shall include interviewing the complainant and— (i) providing the respondent an opportunity to submit to the Secretary a written response to the complaint and to present statements from witnesses or provide evidence; and (ii) providing the complainant an opportunity to receive any statements or evidence provided to the Secretary and to provide additional information or evidence, or to rebut any statements or evidence. (D) Action by the Secretary If, upon such investigation, the Secretary determines that the provisions of this subsection have been violated, the Secretary shall immediately file a complaint with the Commission, with service upon the alleged violator and the miner, employee, representative, or applicant described in paragraph (2) alleging such discrimination or interference and propose an order granting appropriate relief. (E) Action of the Commission The Commission shall afford an opportunity for a hearing on the record (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, affirming, modifying, or vacating the Secretary’s proposed order, or directing other appropriate relief. Such order shall become final 30 days after its issuance. The complaining miner, employee, representative, or applicant described in paragraph (2) may present additional evidence on his or her own behalf during any hearing held pursuant to this paragraph. (F) Relief The Commission shall have authority in such proceedings to require a person committing a violation of this subsection to take such affirmative action to abate the violation and prescribe a remedy as the Commission considers appropriate, including— (i) the rehiring or reinstatement of the miner, employee, or representative described in paragraph (2) with back pay and interest and without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment; (ii) any other compensatory and consequential damages sufficient to make the complainant whole, and exemplary damages where appropriate; and (iii) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (4) Notice to and action of complainant (A) Notice to complainant Not later than 90 days after the receipt of a complaint filed under paragraph (2), the Secretary shall notify, in writing, the miner, employee, representative, or applicant described in paragraph (2) of the determination of such Secretary on whether a violation has occurred. (B) Action of complainant If the Secretary, upon investigation, determines that the provisions of this subsection have not been violated, the complainant shall have the right, within 30 days after receiving notice of the Secretary’s determination, to file an action in his or her own behalf before the Commission, charging discrimination or interference in violation of paragraph (1) (C) Hearing and decision The Commission shall afford an opportunity for a hearing on the record (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section), and thereafter shall issue an order, based upon findings of fact, dismissing or sustaining the complainant’s charges and, if the charges are sustained, granting such relief as it deems appropriate as described in paragraph (3)(F) (5) Burden of proof In adjudicating a complaint pursuant to this subsection, the Commission may determine that a violation of paragraph (1) paragraph (1) (6) Attorneys’ fees Whenever an order is issued sustaining the complainant’s charges under this subsection, a sum equal to the aggregate amount of all costs and expenses, including attorney’s fees, as determined by the Commission to have been reasonably incurred by the complainant for, or in connection with, the institution and prosecution of such proceedings shall be assessed against the person committing such violation. The Commission shall determine whether such costs and expenses were reasonably incurred by the complainant without reference to whether the Secretary also participated in the proceeding. (7) Expedited proceedings; Judicial review Proceedings under this subsection shall be expedited by the Secretary and the Commission. Any order issued by the Commission under this subsection shall be subject to judicial review in accordance with section 106. Violations by any person of paragraph (1) (8) Procedural Rights The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (9) Savings Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any individual who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. . 402. Protection from loss of pay Section 111 ( 30 U.S.C. 821 111. Entitlement of miners (a) Protection from loss of pay (1) Withdrawal orders (A) Shifts at time of order If a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay for the period during which they are so idled, but for not more than the balance of such shift. (B) Subsequent shifts If such order is not terminated prior to the working shift succeeding the shift described in subparagraph (A), all miners assigned to such succeeding shift who are idled by such order shall be entitled to compensation by the operator at their regular rates of pay for the period during which they are so idled, but not for more than one half of the hours of such shift, or 4 hours of such shift, whichever is greater. (C) Extended closures If a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners who are idled by such order, for a shift succeeding the shift described in subparagraph (B), shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the period for which they are idled, but not for more than 60 days. (2) Closure in advance of order (A) In general If the Secretary determines that a coal or other mine, or an area of such mine, was closed by the operator in anticipation of the issuance of an order described in paragraph (1), all miners who are idled by such closure shall be entitled, subject to subparagraph (B), to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay, from the time of such closure until such time as the Secretary authorizes reopening of such mine or such area, but not for more than 60 days. (B) Exception The entitlement under subparagraph (A) shall not apply if an operator promptly withdraws miners upon discovery of a hazard and notifies the Secretary, where required and within the prescribed time period. (3) Refusal to comply Whenever an operator violates or fails or refuses to comply with any order issued under section 103, 104, 107, 108, or 110, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay, in addition to pay received for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is complied with, vacated, or terminated. (b) Enforcement (1) Commission orders The Commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or the miner's representative and after opportunity for hearing on the record subject to section 554 of title 5, United States Code. Whenever the Commission issues an order sustaining the complaint under this subsection in whole or in part, the Commission shall award the complainant reasonable attorneys’ fees and costs. (2) Failure to pay compensation due Consistent with the authority of the Secretary to order miners withdrawn from a mine under this Act, the Secretary shall order a mine that has been subject to a withdrawal order under section 103, 104, 107, 108, or 110, and has reopened, to be closed again if compensation in accordance with the provisions of this section is not paid by the end of the next regularly scheduled payroll period following the lifting of a withdrawal order. (c) Expedited Review If an order is issued that results in a payment to a miner under subsection (a), the operator shall have the right to an expedited review before the Commission in the same manner as the procedure under section 316(b)(2)(G)(ii) (including the deadlines under such section). . 403. Underground coal miner employment standard for mines with patterns of violations Title I ( 30 U.S.C. 811 et seq. 117. Underground coal miner employment standard for mines with patterns of violations (a) In general For the purpose of ensuring the health and safety of miners and the right of miners to raise health or safety concerns, an operator of an underground coal mine who has received notice of a pattern of violations under section 104(e) in such mine, for 3 years after receipt of such notice, may not discharge or constructively discharge a miner employed at such mine without reasonable grounds based on a failure of such miner to satisfactorily perform the duties required for work as a miner, including compliance with the provisions of this Act, regulations promulgated under this Act, mandatory health or safety standards under any other law, or any other legitimate business reason, if— (1) the miner is paid on an hourly basis; and (2) the miner has completed the employer’s probationary period, which in no case shall exceed 6 months. (b) Cause of action A miner aggrieved by a violation of subsection (a) may file a complaint in the United States district court in the district where the mine is located not later than 1 year after such violation. (c) Remedies For a miner who prevails under subsection (b), the appropriate United States district court shall provide remedies to further the objectives of this Act, which may include reinstatement of such miner to the former position of such miner with back pay and compensatory damages. Such remedies shall include reasonable attorneys' fees and costs. (d) Pre-Dispute waiver prohibited The right of a miner to a cause of action under this section may not be waived with respect to any dispute that has not arisen as of the time of the waiver. (e) Construction Nothing in this section shall be construed to limit the availability of rights and remedies of miners under any other State or Federal law or a collective bargaining agreement. . V Modernizing health and safety standards 501. Pre-shift review of mine conditions Section 303(d) ( 30 U.S.C. 863(d) (3) (A) Not later than 30 days after the issuance of the interim final rules promulgated under subparagraph (B), each operator of an underground coal mine shall implement a communication program at the underground coal mine to ensure that each miner (prior to traveling to or arriving at the work area of such miner and commencing the assigned tasks of such miner) is orally briefed on and made aware of— (i) any conditions that are hazardous, or that violate a mandatory health or safety standard or a plan approved under this Act, where the miner is expected to work or travel; and (ii) the general conditions of that miner’s assigned working section or other area where the miner is expected to work or travel. (B) Not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 (C) Not later than 2 years after the promulgation of the interim final rules under subparagraph (B), the Secretary shall issue a final rule implementing the requirements of subparagraph (A). . 502. Rock dust standards (a) Standards Section 304(d) ( 30 U.S.C. 864(d) (1) by striking Where rock Rock dust (1) In general Where rock ; (2) by striking 65 per centum 80 percent. Where methane is present in any ventilating current, the percentage of incombustible content of such combined dusts shall be increased 0.4 percent for each 0.1 percent of methane. (3) by adding at the end the following: (2) Methods of measurement (A) In general Each operator of an underground coal mine shall take accurate and representative samples that shall measure the total incombustible content of combined coal dust, rock dust, and other dust in such mine to ensure that the coal dust is kept below explosive levels through the appropriate application of rock dust. (B) Direct reading monitors In order to ensure timely assessment and compliance, the Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 (C) Regulations The Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 (D) Recommendations Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 (3) Limitation Until the Secretary promulgates a final rule under paragraph (4)(B), any measurement taken by a direct reading monitor described in paragraph (2)(B) shall not be admissible to establish a violation in an enforcement action under this Act. (4) Report and rulemaking authority (A) Report Not later than 2 years after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 (i) regarding whether any direct reading monitor described in paragraph (2)(B) is sufficiently reliable and accurate for the enforcement of the mandatory health or safety standards by the Secretary of Labor under this Act, and whether additional improvement to such direct reading monitor, or additional verification regarding reliability and accuracy, would be needed for enforcement purposes; and (ii) identifying any limitations or impediments for such use in underground coal mines. (B) Authority If the Secretary determines, following a report under subparagraph (A) (or an update to such report), that any direct reading monitor described in paragraph (2)(B) is sufficiently reliable and accurate for the enforcement of mandatory health or safety standards under this Act, the Secretary shall, after the submission of such report or update, promulgate a final rule authorizing the use of such direct reading monitor for purposes of compliance with, and enforcement of, such standards and authorizing the use of other methods for determining total incombustible content. Such final rule shall specify mandatory operator sampling locations, methods, and intervals. . (b) Rock dust recordkeeping Section 304 ( 30 U.S.C. 864 (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following: (e) Rock dust recordkeeping The operator of each coal mine shall maintain and continuously update a record of the amount of rock dust purchased for each such mine. ; and (3) in subsection (f), as so redesignated, by striking Subsections (b) through (d) Subsections (b) through (e) 503. Atmospheric monitoring systems Section 317 ( 30 U.S.C. 877 (u) Atmospheric monitoring systems (1) General regulations Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 (A) protect miners where the miners normally work and travel; (B) assist in mine emergency response and the conduct of accident investigations; (C) provide real-time information regarding methane, oxygen, and carbon monoxide levels, and airflow direction, as appropriate, with sensing, annunciating, and recording capabilities; and (D) can, to the maximum extent practicable, withstand explosions and fires. (2) Additional regulations The regulations promulgated under paragraph (1) shall, if determined appropriate after an evaluation by the Secretary, include— (A) the installation of atmospheric monitoring and recording devices for mining equipment; (B) the implementation of redundant systems, such as the bundle tubing system, that can continuously monitor the mine atmosphere following incidents such as fires, explosions, entrapments, and inundations; and (C) the implementation of other technologies available to conduct continuous atmospheric monitoring. . 504. Study on respirable dust standards (a) Study Beginning one month after the date of enactment of this Act, the Secretary of Labor shall undertake a retrospective study on the effectiveness of the final rule of the Department of Labor entitled Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors (1) the 1.5 mg/m³ respirable dust standard that was included in such final rule should be further lowered to better protect the health of miners; (2) the frequency of sampling continuous personal dust monitors should be increased; (3) engineering controls and work practices used by mine operators to achieve and maintain the required respirable coal mine dust levels should be modified; and (4) samples taken on shifts longer than 8 hours should be converted to an 8-hour equivalent concentration to protect miners who work longer shifts. (b) Report (1) Initial report Upon beginning the study under subsection (a), the Secretary of Labor shall transmit a copy of such study to Congress, notifying Congress that such study has commenced. (2) Annual reports For each year after the commencement of the study under subsection (a) and until such study is completed, the Secretary of Labor shall transmit a report to Congress on the progress of such study. (3) Final report Upon completion of the study under subsection (a), the Secretary of Labor shall submit a final report of such study to Congress. 505. Refresher training on miners’ rights and responsibilities (a) In general Section 115(a)(3) ( 30 U.S.C. 825(a)(3) (3) all miners shall receive no less than 9 hours of refresher training, no less frequently than once every 12 months. Such training shall include one hour of training on the statutory rights and responsibilities of miners and their representatives under this Act, and other applicable Federal and State law, and shall be through a program of instruction developed by the Secretary and delivered by an employee of the Administration (or a trainer approved by the Administration) that is a party independent from the operator; . (b) National hazard reporting hotline Section 115 ( 30 U.S.C. 825 (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following: (c) Any health and safety training program of instruction provided under this section shall include distribution to miners of information regarding the rights of such miners under this Act and a toll-free hotline telephone number, which the Secretary shall maintain to receive complaints from miners and the public regarding hazardous conditions, discrimination, safety or health violations, or other mine safety or health concerns. Information regarding such hotline shall be provided in a portable, convenient format, such as a durable wallet card, to enable miners to keep such information on their person. . (c) Timing of initial statutory rights training Notwithstanding section 115 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 825 506. Authority to mandate additional training (a) In general Section 115 ( 30 U.S.C. 825 (1) by redesignating subsections (e) and (f) (as so redesignated) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) (as so redesignated) the following: (e) Authority To mandate additional training (1) In general The Secretary is authorized to issue an order requiring that an operator of a coal or other mine provide additional training beyond what is otherwise required by law, and specifying the time within which such training shall be provided, if the Secretary finds that— (A) (i) a serious or fatal accident has occurred at such mine; (ii) such mine has experienced accident and injury rates, citations for violations of this Act (including mandatory health or safety standards or regulations promulgated under this Act), citations for significant and substantial violations, or withdrawal orders issued under this Act, at a rate above the average for mines of similar size and type; or (iii) an operator has a history of failing to adequately train miners, as required by this Act or the regulations promulgated under this Act; and (B) additional training would benefit the health or safety of miners at the mine. (2) Withdrawal order If the operator fails to provide training ordered under paragraph (1) within the specified time provided by the Secretary under such paragraph, the Secretary shall issue an order requiring such operator to cause all affected persons, except persons referred to in section 104(c), to be withdrawn, and to be prohibited from entering such mine, until such operator has provided such training. . (b) Conforming amendments Section 104(g)(2) ( 30 U.S.C. 814(g)(2) under paragraph (1) under paragraph (1) or under section 115(e) 507. Brookwood-Sago Mine Safety Grants Section 14(e)(2) of the Mine Improvement and New Emergency Response Act of 2006 ( 30 U.S.C. 965(e)(2) , and underground mine rescue training activities that simulate mine accident conditions 508. Certification of personnel (a) In general Title I ( 30 U.S.C. 811 et seq. 118. Certification of personnel (a) Certification required Any person who is authorized or designated by the operator of a coal or other mine to perform any duties or provide any training that this Act, including a mandatory health or safety standard or regulation promulgated pursuant to this Act, requires to be performed or provided by a certified, registered, qualified, or otherwise approved person, shall be permitted to perform such duties or provide such training only if such person has a current certification, registration, qualification, or other approval to perform such duties or provide such training consistent with the requirements of this section. (b) Establishment of certification requirements and procedures (1) In general Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 (A) requirements for the certification, registration, qualification, or other approval described in subsection (a), including the experience, examinations, and references that may be required as appropriate; (B) time limits for such certification, registration, qualification, or other approval, and procedures for obtaining and renewing such certification, registration, qualification, or other approval; and (C) procedures and criteria for revoking such certification, registration, qualification, or other approval, including procedures that ensure that— (i) the Secretary (or a State agency, as applicable) responds to requests for revocation; and (ii) the names of individuals, whose certification, registration, qualification, or other approval has been revoked, are provided to and maintained by the Secretary, and are made available to appropriate State agencies through an electronic database. (2) Coordination with States In developing the standards required under paragraph (1), the Secretary shall consult with States that have miner certification programs to ensure effective coordination with existing State standards and requirements for certification. The standards required under paragraph (1) shall provide that the certification, registration, qualification, or other approval of the State in which the coal or other mine is located satisfies the requirement of subsection (a) if the State’s program of certification, registration, qualification, or other approval is no less stringent than the standards established by the Secretary under paragraph (1). (c) Operator Fees for certification (1) Assessment and collection Beginning 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 (2) Use Amounts collected under paragraph (1) shall only be available to the Secretary, in accordance with paragraph (3), for making expenditures to carry out the certification programs established under this section. (3) Authorization of appropriations In addition to funds authorized to be appropriated under section 114, there is authorized to be appropriated to the Secretary for each fiscal year in which fees are collected under paragraph (1) an amount equal to the total amount of fees collected under paragraph (1) during that fiscal year. Such amounts are authorized to remain available until expended. If on the first day of a fiscal year a regular appropriation to the Administration has not been enacted, the Administration shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until 5 days after the date on which such regular appropriation is enacted. (4) Collecting and crediting of fees Fees authorized and collected under this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the Administration and shall not be collected for any fiscal year except to the extent and in the amount provided in advance in appropriation Acts. (d) Citation; withdrawal order Any operator who permits a person to perform any of the duties or provide any training described in subsection (a) . (b) Conforming amendments Section 318 ( 30 U.S.C. 878 (1) by striking subsections (a) and (b); (2) in subsection (c), by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) in subsection (g), by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; and (4) by redesignating subsections (c) through (l) as paragraphs (1) through (10), respectively. 509. Electronic records requirement Section 103 ( 30 U.S.C. 802 (l) Electronic records Not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 . VI Additional mine safety provisions 601. Definitions (a) Definition of operator Section 3(d) ( 30 U.S.C. 802(d) (d) operator (1) any owner, lessee, or other person that— (A) operates or supervises a coal or other mine; or (B) controls such mine by making or having the authority to make management or operational decisions that affect, directly or indirectly, the health or safety at such mine; or (2) any independent contractor performing services or construction at such mine; . (b) Definition of agent Section 3(e) ( 30 U.S.C. 802(e) the miners any miner (c) Definition of imminent danger Section 3(j) ( 30 U.S.C. 802(j) (1) by striking means the means— (1) the ; (2) by striking the semicolon at the end and inserting ; or (3) by adding at the end the following: (2) the existence of multiple conditions or practices (regardless of whether related to each other) that, when considered in the aggregate, could reasonably be expected to cause death or serious physical harm before such conditions or practices can be abated; . (d) Definition of miner Section 3(g) ( 30 U.S.C. 802(g) or other mine , and includes any individual who is not currently working in a coal or other mine but would be currently working in such mine, but for an accident in such mine (e) Definition of significant and substantial violations Section 3 ( 30 U.S.C. 802 (1) in subsection (m), by striking and (2) in subsection (n), by striking the period at the end and inserting a semicolon; (3) in subsection (o), by striking the period at the end and inserting ; and (4) by adding at the end the following: (p) significant and substantial violation . 602. Assistance to States Section 503 ( 30 U.S.C. 953(a) (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking , in coordination with the Secretary of Health, Education, and Welfare and the Secretary of the Interior, (B) in paragraph (2), by striking and (C) in paragraph (3), by striking the period and inserting ; and (D) by adding at the end the following: (4) to assist such State in developing and implementing any certification program for coal or other mines required for compliance with section 118. ; and (2) in subsection (h), by striking $3,000,000 for fiscal year 1970, and $10,000,000 annually in each succeeding fiscal year $20,000,000 for each fiscal year 603. Double encumbrance; succession plan (a) Authorization Notwithstanding any personnel procedures, rules, or guidance, the Secretary of Labor is authorized to double encumber a position or utilize early replacement hiring for authorized representatives and technical specialist positions in the Mine Safety and Health Administration. The number of such positions shall be consistent with the staffing requirements set forth in the succession plan under subsection (b). (b) Succession Plan (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall develop and provide to Congress a succession plan for the Mine Safety and Health Administration for the next 5 years to assure timely replacement of qualified employees critical to maintaining the agency’s mission. (2) Contents of plan The succession plan developed under this subsection shall— (A) estimate employee turnover for each year; (B) set benchmarks for maximum allowable percentage of vacancies, and a maximum ratio of trainees to authorized representatives; (C) utilize double encumbrance or early replacement hiring for authorized representatives and technical specialists; (D) implement tracking systems to assure that staffing levels of authorized representatives and technical specialists do not fall below the minimum required to conduct necessary inspections, thoroughly review mine plans, and conduct accident and special investigations; and (E) identify resources necessary to implement such plan. (3) Updates to plan The succession plan under this subsection shall be updated biennially. VII Amendments to the Occupational Safety and Health Act of 1970 701. Coverage of public employees (a) In general Section 3(5) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652(5) but does not include including the United States, a State, or a political subdivision of a State. (b) Construction Nothing in this Act, or the amendments made by this Act, shall be construed to affect the application of section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 702. Enhanced protections from retaliation (a) Employee actions Section 11(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 660(c)(1) (1) by striking discharge because such discharge or cause to be discharged, or in any manner discriminate against or cause to be discriminated against, any employee because— (A) such ; (2) by striking this Act or has this Act; (B) such employee has ; (3) by striking in any such proceeding or because of the exercise before Congress or in any Federal or State proceeding related to safety or health; (C) such employee has refused to violate any provision of this Act; or (D) of the exercise ; and (4) by inserting before the period at the end the following: , including the reporting of any injury, illness, or unsafe condition to the employer, agent of the employer, safety and health committee involved, or employee safety and health representative involved (b) Prohibition of retaliation Section 11(c) of such Act ( 29 U.S.C. 660(c) (2) (A) No person shall discharge, or cause to be discharged, or in any manner discriminate against, or cause to be discriminated against, an employee for refusing to perform the employee’s duties if the employee has a reasonable apprehension that performing such duties would result in serious injury to, or serious impairment of the health of, the employee or other employees. (B) For purposes of subparagraph (A), the circumstances causing the employee’s good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person, under the circumstances confronting the employee, would conclude that there is such a hazard. In order to qualify for protection under this paragraph, the employee, when practicable, shall have communicated or attempted to communicate the safety or health concern to the employer and have not received from the employer a response reasonably calculated to allay such concern. . (c) Procedure Section 11(c) of such Act ( 29 U.S.C. 660(c) (3) Complaint Any employee who believes that the employee has been discharged, disciplined, or otherwise discriminated against by any person in violation of paragraph (1) or (2) may seek relief for such violation by filing a complaint with the Secretary under paragraph (5). (4) Statute of limitations (A) In general An employee may take the action permitted by paragraph (3) not later than 180 days after the later of— (i) the date on which an alleged violation of paragraph (1) or (2) occurs; or (ii) the date on which the employee knows or should reasonably have known that such alleged violation occurred. (B) Repeat violation With respect to an alleged repeat violation, except in a case when the employee has been discharged, a violation of paragraph (1) or (2) shall be considered to have occurred on the last date the alleged repeat violation occurred. (5) Investigation (A) In general An employee may, within the time period required under paragraph (4) (i) shall include— (I) interviewing the complainant; (II) providing the respondent an opportunity to— (aa) submit to the Secretary a written response to the complaint; and (bb) meet with the Secretary to present statements from witnesses or provide evidence; and (III) providing the complainant an opportunity to— (aa) receive any statements or evidence provided to the Secretary; (bb) meet with the Secretary; and (cc) rebut any statements or evidence; and (ii) may include issuing subpoenas for the purposes of such investigation. (B) Decision Not later than 90 days after the filing of the complaint, the Secretary shall— (i) determine whether reasonable cause exists to believe that a violation of paragraph (1) or (2) has occurred; and (ii) issue a decision granting or denying relief. (6) Preliminary order following investigation If, after completion of an investigation under paragraph (5)(A) paragraph (14) paragraph (5)(B) paragraph (7)(A)(i) (7) Hearing (A) Request for hearing (i) In general A de novo hearing on the record before an administrative law judge may be requested— (I) by the complainant or respondent within 30 days after receiving notification of a decision granting or denying relief issued under paragraph (5)(B) or a preliminary order under paragraph (6) respectively; (II) by the complainant within 30 days after the date the complaint is dismissed without investigation by the Secretary under paragraph (5) (III) by the complainant within 120 days after the date of filing the complaint, if the Secretary has not issued a decision under paragraph (5)( (ii) Reinstatement order The request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph (6) (B) Procedures (i) In general A hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the Secretary for hearings conducted by administrative law judges. (ii) Subpoenas; production of evidence In conducting any such hearing, the administrative law judge may issue subpoenas. The respondent or complainant may request the issuance of subpoenas that require the deposition of, or the attendance and testimony of, witnesses and the production of any evidence (including any books, papers, documents, or recordings) relating to the matter under consideration. (iii) Decision The administrative law judge shall issue a decision not later than 90 days after the date on which a hearing was requested under this paragraph and promptly notify, in writing, the parties and the Secretary of such decision, including the findings of fact and conclusions of law. If the administrative law judge finds that a violation of paragraph (1) or (2) has occurred, the judge shall issue an order for relief under paragraph (14) (8) Administrative appeal (A) In general Not later than 30 days after the date of notification of a decision and order issued by an administrative law judge under paragraph (7) review board (B) Standard of Review In reviewing the decision and order of the administrative law judge, the review board shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. (C) Decisions If the review board grants an administrative appeal, the review board shall issue a final decision and order affirming or reversing, in whole or in part, the decision under review by not later than 90 days after receipt of the administrative appeal. If it is determined that a violation of paragraph (1) or (2) has occurred, the review board shall issue a final decision and order providing relief authorized under paragraph (14). Such decision and order shall constitute final agency action with respect to the matter appealed. (9) Settlement in the Administrative Process (A) In general At any time before issuance of a final order, an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties. (B) Public policy considerations Neither the Secretary, an administrative law judge, or review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this Act or that are contrary to public policy, including a restriction on a complainant’s right to future employment with employers other than the specific employers named in a complaint. (10) Inaction by the review board or administrative law judge (A) In general The complainant may bring a de novo action described in subparagraph (B) (i) an administrative law judge has not issued a decision and order within the 90-day period required under paragraph (7) (ii) the review board has not issued a decision and order within the 90-day period required under paragraph (8) (B) De novo action Such de novo action may be brought at law or equity in the United States district court for the district where a violation of paragraph (1) or (2) allegedly occurred or where the complainant resided on the date of such alleged violation. The court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph (14). Such action shall, at the request of either party to such action, be tried by the court with a jury. (11) Judicial review (A) Timely Appeal to the court of appeals Any party adversely affected or aggrieved by a final decision and order issued under this subsection may obtain review of such decision and order in the United States Court of Appeals for the circuit where the violation, with respect to which such final decision and order was issued, allegedly occurred or where the complainant resided on the date of such alleged violation. To obtain such review, a party shall file a petition for review not later than 60 days after the final decision and order was issued. Such review shall conform to chapter 7 (B) Limitation on collateral attack An order and decision with respect to which review may be obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. (12) Enforcement of order If a respondent fails to comply with an order issued under this subsection, the Secretary or the complainant on whose behalf the order was issued may file a civil action for enforcement in the United States district court for the district in which the violation was found to occur to enforce such order. If both the Secretary and the complainant file such action, the action of the Secretary shall take precedence. The district court shall have jurisdiction to grant all appropriate relief described in paragraph (14). (13) Burdens of proof (A) Criteria for determination In making a determination or adjudicating a complaint pursuant to this subsection, the Secretary, administrative law judge, review board, or a court may determine that a violation of paragraph (1) or (2) has occurred only if the complainant demonstrates that any conduct described in paragraph (1) or (2) with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. (B) Prohibition Notwithstanding subparagraph (A), a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. (14) Relief (A) Order for relief If the Secretary, administrative law judge, review board, or a court determines that a violation of paragraph (1) or (2) has occurred, the Secretary, administrative law judge, review board, or court, respectively, shall have jurisdiction to order all appropriate relief, including injunctive relief, and compensatory and exemplary damages, including— (i) affirmative action to abate the violation; (ii) reinstatement without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment, including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified; (iii) compensatory and consequential damages sufficient to make the complainant whole (including back pay, prejudgment interest, and other damages); and (iv) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (B) Attorneys’ fees and costs If the Secretary or an administrative law judge, review board, or court grants an order for relief under subparagraph (A), the Secretary, administrative law judge, review board, or court, respectively, shall assess, at the request of the employee against the employer— (i) reasonable attorneys’ fees; and (ii) costs (including expert witness fees) reasonably incurred, as determined by the Secretary, administrative law judge, review board, or court, respectively, in connection with bringing the complaint upon which the order was issued. (15) Procedural Rights The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (16) Savings Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. (17) Election of venue (A) In general An employee of an employer who is located in a State that has a State plan approved under section 18 may file a complaint alleging a violation of paragraph (1) or (2) by such employer with— (i) the Secretary under paragraph (5) (ii) a State plan administrator in such State. (B) Referrals If— (i) the Secretary receives a complaint pursuant to subparagraph (A)(i), the Secretary shall not refer such complaint to a State plan administrator for resolution; or (ii) a State plan administrator receives a complaint pursuant to subparagraph (A)(ii), the State plan administrator shall not refer such complaint to the Secretary for resolution. . (d) Relation to enforcement Section 17(j) of such Act ( 29 U.S.C. 666(j) , including the history of violations under section 11(c) 703. Victims’ rights The Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. 29 U.S.C. 658 9A. Victims' rights (a) Rights before the Secretary A victim or the representative of a victim shall be afforded the right, with respect to an inspection or investigation conducted under section 8, to— (1) meet with the Secretary regarding the inspection or investigation conducted under such section before the Secretary’s decision to issue a citation or take no action; (2) receive, at no cost, a copy of any citation or report, issued as a result of such inspection or investigation, at the same time as the employer receives such citation or report; (3) be informed of any notice of contest or addition of parties to the proceedings filed under section 10(c); and (4) be provided notification of the date and time or any proceedings, service of pleadings, and other relevant documents, and an explanation of the rights of the employer, employee and employee representative, and victim to participate in proceedings conducted under section 10(c). (b) Rights before the Commission Upon request, a victim or representative of a victim shall be afforded the right with respect to a work-related bodily injury or death to— (1) be notified of the time and date of any proceeding before the Commission; (2) receive pleadings and any decisions relating to the proceedings; and (3) be provided an opportunity to appear and make a statement in accordance with the rules prescribed by the Commission. (c) Modification of Citation Before entering into an agreement to withdraw or modify a citation issued as a result of an inspection or investigation of an incident under section 8, the Secretary shall notify a victim or representative of a victim and provide the victim or representative of a victim with an opportunity to appear and make a statement before the parties conducting settlement negotiations. In lieu of an appearance, the victim or representative of the victim may elect to submit a letter to the Secretary and the parties. (d) Secretary Procedures The Secretary shall establish procedures— (1) to inform victims of their rights under this section; and (2) for the informal review of any claim of a denial of such a right. (e) Commission procedures and considerations The Commission shall— (1) establish procedures relating to the rights of victims to be heard in proceedings before the Commission; and (2) in rendering any decision, provide due consideration to any statement or information provided by any victim before the Commission. (f) Family liaisons The Secretary shall designate at least 1 employee at each area office of the Occupational Safety and Health Administration to serve as a family liaison to— (1) keep victims informed of the status of investigations, enforcement actions, and settlement negotiations; and (2) assist victims in asserting their rights under this section. (g) Definition In this section, the term victim (1) an employee, including a former employee, who has sustained a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8; or (2) a family member (as further defined by the Secretary) of a victim described in paragraph (1), if— (A) the victim dies as a result of an incident that is the subject of an inspection or investigation conducted under section 8; or (B) the victim sustains a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8, and the victim, because of incapacity, cannot reasonably exercise the rights under this section. . 704. Correction of serious, willful, or repeated violations pending contest and procedures for a stay Section 10 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 659 (d) Correction of serious, willful, or repeated violations pending contest and procedures for a stay (1) Period permitted for correction of serious, willful, or repeated violations For each violation which the Secretary designates as serious, willful, or repeated, the period permitted for the correction of the violation shall begin to run upon receipt of the citation. (2) Filing of a motion of contest The filing of a notice of contest by an employer— (A) shall not operate as a stay of the period for correction of a violation designated as serious, willful, or repeated; and (B) may operate as a stay of the period for correction of a violation not designated by the Secretary as serious, willful, or repeated. (3) Criteria and rules of procedure for stays (A) Motion for a stay An employer may file with the Commission a motion to stay a period for the correction of a violation designated as serious, willful, or repeated. (B) Criteria In determining whether a stay should be issued on the basis of a motion filed under subparagraph (A), the Commission shall consider whether— (i) the employer has demonstrated a substantial likelihood of success on its contest to the citation; (ii) the employer will suffer irreparable harm absent a stay; and (iii) a stay will adversely affect the health or safety of workers. (C) Rules of Procedure The Commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph (A) on an expedited basis. At a minimum, such rules shall provide the following: (i) That a hearing before an administrative law judge shall occur not later than 15 days following the filing of the motion for a stay (unless extended at the request of the employer), and shall provide for a decision on the motion not later than 15 days following the hearing (unless extended at the request of the employer). (ii) That a decision of an administrative law judge on a motion for stay is rendered on a timely basis. (iii) That if a party is aggrieved by a decision issued by an administrative law judge regarding the stay, such party has the right to file an objection with the Commission not later than 5 days after receipt of the administrative law judge’s decision. Within 10 days after receipt of the objection, a Commissioner, if a quorum is seated pursuant to section 12(f), shall decide whether to grant review of the objection. If, within 10 days after receipt of the objection, no decision is made on whether to review the decision of the administrative law judge, the Commission declines to review such decision, or no quorum is seated, the decision of the administrative law judge shall become a final order of the Commission. If the Commission grants review of the objection, the Commission shall issue a decision regarding the stay not later than 30 days after receipt of the objection. If the Commission fails to issue such decision within 30 days, the decision of the administrative law judge shall become a final order of the Commission. (iv) For notification to employees or representatives of affected employees of requests for such hearings and shall provide affected employees or representatives of affected employees an opportunity to participate as parties to such hearings. . 705. Conforming amendments Section 17(d) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(d) (d) Any employer who fails to correct a violation designated by the Secretary as serious, willful, or repeated and for which a citation has been issued under section 9(a) within the period permitted for its correction (and a stay has not been issued by the Commission under section 10(d)) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. Any employer who fails to correct any other violation for which a citation has been issued under section 9(a) within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Commission in the case of any review proceeding under section 10 initiated by the employer in good faith and not solely for delay of avoidance of penalties) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. . 706. Civil penalties (a) In General Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 (1) in subsection (a)— (A) by striking $70,000 $120,000 (B) by striking $5,000 $8,000 (C) by adding at the end the following: In determining whether a violation is repeated, the Secretary shall consider the employer's history of violations under this Act and under State occupational safety and health plans established under section 18. If such a willful or repeated violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $250,000 for each such violation, but not less than $50,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $25,000 for each such violation. (2) in subsection (b)— (A) by striking $7,000 $12,000 (B) by adding at the end the following: If such a violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $50,000 for each such violation, but not less than $20,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $10,000 for each such violation. (3) in subsection (c), by striking $7,000 $12,000 (4) in subsection (d), as amended by section 705, by striking $7,000 $12,000 (5) by redesignating subsections (e) through (l) as subsections (f) through (m), respectively; and (6) in subsection (j) (as redesignated by paragraph (5)), by striking $7,000 $12,000; (b) Inflation Adjustment Section 17 of such Act is further amended by inserting after subsection (d) the following: (e) Amounts provided under this section for civil penalties shall be adjusted by the Secretary at least once during each 4-year period beginning January 1 after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 . 707. Criminal penalties (a) In General Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 (1) by amending subsection (f), as so redesignated, to read as follows: (f) (1) Any employer who knowingly violates any standard, rule, or order promulgated under section 6, or any regulation prescribed under this Act, and that violation caused or contributed to the death of any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, by imprisonment for not more than 10 years, or by both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (i), punishment shall be by a fine in accordance with title 18, United States Code, by imprisonment for not more than 20 years, or by both. (2) For the purpose of this subsection, the term employer ; (2) in subsection (g), as so redesignated, by striking fine of not more than $1,000 or by imprisonment for not more than six months, fine in accordance with title 18, United States Code, or by imprisonment for not more than 2 years, (3) in subsection (h), as so redesignated, by striking fine of not more than $10,000, or by imprisonment for not more than six months, fine in accordance with title 18, United States Code, or by imprisonment for not more than 5 years, (4) by redesignating subsections (j) through (m), as so redesignated, as subsections (k) through (n), respectively; and (5) by inserting after subsection (i) the following: (j) (1) Any employer who knowingly violates any standard, rule, or order promulgated under section 6, or any regulation prescribed under this Act, and that violation causes or contributes to serious bodily harm to any employee but does not cause death to any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, by imprisonment for not more than 5 years, or by both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (e), punishment shall be by a fine in accordance with title 18, United States Code, by imprisonment for not more than 10 years, or by both. (2) For the purpose of this subsection, the term employer (3) For purposes of this subsection, the term serious bodily harm (A) a substantial risk of death; (B) protracted unconsciousness; (C) protracted and obvious physical disfigurement; or (D) protracted loss or impairment, either temporary or permanent, of the function of a bodily member, organ, or mental faculty. . (b) Jurisdiction for Prosecution Under State and Local Criminal Laws Section 17 of such Act ( 29 U.S.C. 666 (o) Nothing in this Act shall preclude a State or local law enforcement agency from conducting criminal prosecutions in accordance with the laws of such State or locality. . 708. Penalties Subsection (n) of section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 Pre-final order interest on such penalties shall begin to accrue on the date the party contests a citation issued under this Act, and shall end upon the issuance of the final order. Such pre-final order interest shall be calculated at the current underpayment rate determined by the Secretary of the Treasury pursuant to section 6621 709. Authorization of cooperative agreements by NIOSH Office of Mine Safety and Health Section 22(h)(3) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 671(h)(3) (1) in subparagraph (B), by striking and (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: (C) enter into cooperative agreements or contracts with international institutions and private entities to improve mine safety and health through the development and evaluation of new interventions; and . 710. Effective date (a) General Rule Except as provided for in subsection (b), this title and the amendments made by this title shall take effect not later than 90 days after the date of the enactment of this Act. (b) Exception for States and political subdivisions The following are exceptions to the effective date described in subsection (a): (1) A State that has a State plan approved under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 (2) This title and the amendments made by this title shall take effect not later than 36 months after the date of the enactment of this Act with respect to a workplace of a State, or a political subdivision of a State, that does not have a State plan approved under such section 18 ( 29 U.S.C. 667

Robert C. Byrd Mine Safety Protection Act of 2022

Blue Collar Bonus Act of 2021 This bill allows a refundable income tax credit to supplement wages received by an individual taxpayer that are less than the median wage. The bill defines median wage as $16.50 per hour, increased by annual inflation adjustments beginning after 2021. The bill also provides for advance payments of the credit. The bill requires taxpayers to provide their Social Security account numbers on their tax returns to be eligible for the credit. The credit expires after 2023.

117 S536 IS: Blue Collar Bonus 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. 536 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Mr. Hawley Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit for wages received by individuals that are less than the median wage. 1. Short title This Act may be cited as the Blue Collar Bonus Act of 2021 2. Blue collar bonus tax credit (a) In general (1) Allowance of credit Subpart C of part IV of subchapter A of chapter 1 36C. Credit for wages paid at a rate less than the median wage (a) Credit allowed (1) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the sum of the amounts determined under paragraph (2) for each individual included on the taxpayer's return of tax for the taxable year. (2) Amount per individual The amount determined under this paragraph with respect to any individual shall be the product of— (A) the blue collar bonus amount of such individual for the taxable year, and (B) the number of hours for which the individual performed services for which wages were paid during such taxable year. (b) Blue collar bonus amount For purposes of this section— (1) In general The term blue collar bonus amount (A) the median wage rate for such taxable year, over (B) the average hourly wages received by the individual during the taxable year. (2) Non-hourly wage rate For purposes of paragraph (1)(A), in the case of any individual who is not paid on an hourly wage rate, the wages of such employee shall be prorated to an hourly wage rate under regulations established by the Secretary. (3) Median wage rate (A) In general The median wage rate is $16.50 per hour. (B) Adjustment (i) In general In the case of any taxable year beginning in a calendar year after 2021, the $16.50 amount under subparagraph (A) shall each be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof calendar year 2020 calendar year 2016 (ii) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $0.10, such dollar amount shall be rounded to the next lowest multiple of $0.10. (c) Number of hours taken into account For purposes of subsection (a)(2)(B) and for purposes of determining the average hourly wages of an individual under subsection (b)(1)(B), the number of hours taken into account shall not exceed— (1) for any week, 40, and (2) for any taxable year, 2080. (d) Other definitions and special rules (1) Wages The term wages (2) Treatment of dependents If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, no credit shall be allowed under subsection (a) to such individual for such individual's taxable year. (3) Nonresident aliens This section shall not apply to any taxpayer that is a nonresident alien for the taxable year. (e) Identification requirement No credit shall be allowed under this section to a taxpayer with respect to any individual unless the taxpayer includes the social security number of such individual on the return of tax for the taxable year. For purposes of the preceding sentence, the term social security number (1) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (2) before the due date for such return. (f) Restrictions on taxpayers who improperly claimed credit in prior year (1) Taxpayers making prior fraudulent or reckless claims (A) In general No credit shall be allowed under this section for any taxable year in the disallowance period. (B) Disallowance period For purposes of subparagraph (A), the disallowance period is the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to fraud or to reckless or intentional disregard of rules and regulations. (g) Reconciliation of credit and advance credit (1) In general The amount of the credit allowed under this section to any taxpayer for any taxable year shall be reduced (but not below zero) by the aggregate amount of payments made under section 7527A to such taxpayer during such taxable year. Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). (2) Excess advance payments (A) In general If the aggregate amount of payments under section 7527A to the taxpayer during the taxable year exceeds the amount of the credit allowed under this section to such taxpayer for such taxable year (determined without regard to paragraph (1)), 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). (B) Safe harbor based on modified adjusted gross income (i) In general Subparagraph (A) shall not apply to any taxpayer whose adjusted gross income for the taxable year does not exceed $50,000 ($100,000, in the case of a joint return). (ii) Limitation on increase In the case of a taxpayer whose adjusted gross income exceeds $50,000 ($100,000, in the case of a joint return), the amount of the increase under subparagraph (A) shall not exceed the excess of— (I) the adjusted gross income of the taxpayer for the taxable year, over (II) $50,000 ($100,000, in the case of a joint return). (h) Regulations The Secretary may prescribe such rules or other guidance as may be necessary to carry out the purposes of this section and section 7527A, including— (1) rules or guidance related to the treatment of tipped workers, (2) rules or guidance related to minimizing compliance and record-keeping burdens, (3) rules or guidance related to individuals who receive wages from multiple employers, and (4) in consultation with the Secretary of Labor, rules or guidance related to the prevention of reduced wages or hours worked on account of the benefit provided under this section. (i) Termination This section shall not apply to any taxable year beginning after December 31, 2023. . (2) Conforming amendments (A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, 36B, (B) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item related to section 36B the following new item: Sec. 36C. Credit for wages paid at a rate less than the median wage. . (b) Advance payment of credit (1) In general Chapter 77 of such Code is amended by inserting after section 7527 the following new section: 7527A. Advance payment of wage tax credit (a) In general As soon as practical but not later than 90 days after the date of the enactment of this section, the Secretary shall establish a program for making periodic payments to taxpayers in an amount equal to the amount of the credit the taxpayer would receive under section 36C if the last day of the taxable year were the last day of the applicable period for which the payment is made. (b) Length of period Payments under the program established under subsection (a) shall be made not less than quarterly. (c) Adjustments The Secretary may adjust the amount of any payment to properly take into account the amount by which any payment made before such date was greater than or less than the amount that such payment would have been on the basis of data for any subsequent period. (d) Information reporting The Secretary shall require the submission of additional information concerning the wages paid by employers for purposes of providing advance payments under this section. Such information may be provided as part of existing reporting requirements. (e) On-Line information portal The Secretary shall establish an on-line portal which allows taxpayers to— (1) elect not to receive payments under this section, and (2) provide such information as the Secretary may require to facilitate an advance payment of the credit to the eligible individual. (f) Notice of payments Not later than January 31 of the calendar year following any calendar year during which the Secretary makes one or more payments to any taxpayer under this section, the Secretary shall provide such taxpayer with a written notice which includes the taxpayer’s taxpayer identity (as defined in section 6103(b)(6)), the aggregate amount of such payments made to such taxpayer during such calendar year, and such other information as the Secretary determines appropriate. (g) Administrative provisions (1) Application of direct deposit requirement Solely for purposes of section 3332 of title 31, United States Code (and notwithstanding the last sentence of subsection (j)(3) thereof), the payments made by the Secretary under subsection (a) shall be treated as Federal payments. (2) Delivery of payments Notwithstanding any other provision of law, the Secretary may certify and disburse refunds payable under this section electronically to— (A) any account to which the payee received or authorized, on or after January 1, 2019, a refund of taxes under this title or a Federal payment (as defined in section 3332 of title 31, United States Code), (B) any account belonging to a payee from which that individual, on or after January 1, 2019, made a payment of taxes under this title, or (C) any Treasury-sponsored account (as defined in section 208.2 of title 31, Code of Federal Regulations). (3) Waiver of certain rules Notwithstanding section 3325 of title 31, United States Code, or any other provision of law, with respect to any payment of a refund under this section, a disbursing official in the executive branch of the United States Government may modify payment information received from an officer or employee described in section 3325(a)(1)(B) of such title for the purpose of facilitating the accurate and efficient delivery of such payment. Except in cases of fraud or reckless neglect, no liability under section 3325, 3527, 3528, or 3529 of title 31, United States Code, shall be imposed with respect to payments made under this paragraph. (4) Exception from reduction or offset Any payment made to any individual under this section shall not be— (A) subject to reduction or offset pursuant to section 3716 or 3720A of title 31, United States Code, (B) subject to reduction or offset pursuant to subsection (d), (e), or (f) of section 6402, or (C) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. . (2) Conforming amendments (A) Section 26(b)(2) of such Code is amended by striking and , and (Z) section 36C(g)(2) (relating to excess advance payments). . (B) Section 6211(b)(4)(A) of such Code, as amended by the preceding provisions of this subtitle, is amended— (i) by inserting 36C 36B (ii) by striking and 6428A 6428A, and 7527A (C) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking or 6431 6431, or 7527A (D) The table of sections for chapter 77 Sec. 7527A. Advance payment of wage tax credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020.

Blue Collar Bonus Act of 2021

Healthy Workplaces Act This bill allows tax credits for employer expenses for protecting employees from COVID-19 (i.e., coronavirus disease 2019). Specifically, the bill allows a credit against certain employment taxes equal to 50% of the sum of qualified employee protection expenses, workplace reconfiguration expenses, and education and training expenses paid by the employer during a calendar quarter. The bill also allows a 50% income tax credit for qualified workplace reconfiguration expenses incurred by an employer in 2020. The bill defines qualified workplace reconfiguration expenses to include amounts paid by an employer to evaluate, design, and reconfigure retail space and employee work areas for the primary purpose of preventing the spread of COVID-19. The evaluation, design, and reconfiguration must be completed before January 1, 2022.

117 S537 IS: Healthy Workplaces 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. 537 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Mr. Portman Ms. Sinema Committee on Finance A BILL To provide a tax credit for certain expenses associated with protecting employees from COVID–19. 1. Short title This Act may be cited as the Healthy Workplaces Act 2. Healthy workplace payroll tax credit (a) In general In the case of an employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 50 percent of the sum of— (1) the qualified employee protection expenses paid or incurred by the employer during such calendar quarter, (2) the qualified workplace reconfiguration expenses paid or incurred by the employer during such calendar quarter, and (3) the qualified education and training expenses paid or incurred by the employer during such calendar quarter. (b) Limitations and refundability (1) Overall dollar limitation on credit (A) In general The amount of the credit allowed under subsection (a) with respect to any employer for any calendar quarter shall not exceed the excess (if any) of— (i) the applicable dollar limit with respect to such employer for such calendar quarter, over (ii) the aggregate credits allowed under subsection (a) with respect to such employer for all preceding calendar quarters. (B) Applicable dollar limit (i) In general The term applicable dollar limit (I) $1,000, multiplied by so much of the average number of full-time employees employed by such employer during such calendar quarter as does not exceed 500, plus (II) $750, multiplied by so much of such average number of full-time employees as exceeds 500 but does not exceed 1,000, plus (III) $500, multiplied by so much of such average number of full-time employees as exceeds 1,000 but does note exceed 2,500, plus (IV) $250, multiplied by so much of such average number of full-time employees as exceeds 2,500 but does not exceed 5,000, plus (V) $50, multiplied by so much of such average number of full-time employees as exceeds 5,000. (ii) Average number of full-time employees For purposes of this subsection, the average number of full time employees shall be determined in the same manner as such number is determined for purposes of determining whether an employer is an applicable large employer for purposes of section 4980H(c)(2) (I) an individual shall not be taken into account as an employee for any period during which substantially all of the services provided by such individual as an employee are provided outside the United States, and (II) under regulations provided by the Secretary, an individual who performs services as an independent contractor shall be treated as an employee of the employer if no credit under this section is allowed to any other employer with respect to such individual. (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 (3) Refundability of excess credit (A) In general If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of the Internal Revenue Code of 1986. (B) Treatment of payments For purposes of section 1324 of title 31, United States Code, any amounts due to the employer under this paragraph shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Qualified employee protection expenses For purposes of this section, the term qualified employee protection expenses (1) testing employees of the employer for COVID–19 (including on a periodic basis), (2) equipment (including masks, gloves, and disinfectants) and technology systems used— (A) to protect customers or employees of the employer from contracting COVID–19, or (B) to enhance social distancing and contact tracing. (3) cleaning products or services (whether provided by an employee of the taxpayer or a cleaning service provider) related to preventing the spread of COVID–19, and (4) such other equipment or technology which— (A) is recommended as part of the Federal government's recommendations for safe workplaces, and (B) the Secretary, in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, determines is necessary and appropriate for preventing COVID–19. (d) Qualified workplace reconfiguration expenses For purposes of this section— (1) In general The term qualified workplace reconfiguration expenses (A) has a primary purpose of preventing the spread of COVID–19, (B) is with respect to an area that is located in the United States and that is leased or owned by the employer, (C) is consistent with the ordinary use of the property immediately before the reconfiguration, (D) is commensurate with the risks faced by the employees or customers or is consistent with recommendations made by the Centers for Disease Control and Prevention or the Occupational Safety and Health Administration, (E) is completed pursuant to a reconfiguration plan and no comparable reconfiguration plan was in place before March 13, 2020, and (F) is completed before January 1, 2022. (2) Regulations The Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out the purposes of this subsection, including guidance defining primary purpose and reconfiguration plan. (e) Qualified education and training expenses For purposes of this section— (1) In general The term qualified education and training expenses (2) Qualified entity The term qualified entity (f) Other definitions For purposes of this section— (1) Applicable employment taxes The term applicable employment taxes (A) The taxes imposed under section 3111(a) (B) So much of the taxes imposed under section 3221(a) of such Code as are attributable to the rate in effect under section 3111(a) of such Code. (2) COVID– 19 Except where the context clearly indicates otherwise, any reference in this section to COVID–19 shall be treated as including a reference to the virus which causes COVID–19. (3) Secretary The term Secretary (4) Other terms Any term used in this section (other than subsection (b)(1)(B)) which is also used in chapter 21 or 22 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such chapter. (g) Certain governmental employers This section shall not apply to the Government of the United States, the government of any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing. (h) Special rules (1) Aggregation rule All persons treated as a single employer under subsection (a) or (b) of section 52 (2) Denial of double benefit Rules similar to the rules of section 280C(a) (3) Third-party payors Any credit allowed under this section shall be treated as a credit described in section 3511(d)(2) of such Code. (4) Election not to have section apply This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary may prescribe) not to have this section apply. (5) Coordination with paycheck protection program and other government grants (A) Paycheck protection program (i) In general No credit shall be allowed under section with respect to any amounts taken into account in connection with a covered loan under section 7(a)(37) or 7A of the Small Business Act. (ii) Application where loans not forgiven The Secretary, in consultation with the Administrator of the Small Business Administration, shall issue guidance providing that amounts taken into account during the covered period shall not fail to be treated as qualified wages under this section by reason of subparagraph (A) to the extent that— (I) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or (II) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act. (B) Government grants No credit shall be allowed under this section with respect to any amount paid or incurred for property or services if such property or services are financed with funding provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for such property or services. (6) Expenses must be for property or services within the United States An amount paid or incurred by the employer shall not be taken into account as a qualified employee protection expense, a qualified workplace reconfiguration expense, or a qualified education and training expense if such amount is paid or incurred for— (A) equipment which is not for use in the United States, or (B) services which are not conducted in the United States. (i) Transfers to certain trust funds There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 45 U.S.C. 231n–1(a) (j) Treatment of deposits The Secretary shall waive any penalty under section 6656 (k) Regulations and guidance The Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out the purposes of this section, including— (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 (2) regulations or other guidance with respect to amounts paid or incurred by an employer on behalf of the owner or lessee, or paid or incurred by such owner or lessee, of a property that is the subject of a management agreement or other similar legal arrangement, and (3) regulations or other guidance to prevent abusive transactions. (l) Application This section shall only apply to amounts paid or incurred after December 31, 2020, and before January 1, 2022. 3. Income tax credit for 2020 qualified workplace reconfiguration expenses (a) In general For purposes of section 38 (b) Limitation (1) In general The amount of the credit allowed under subsection (a) with respect to any employer for any taxable year shall not exceed— (A) $3,000, multiplied by so much of the average number of full-time employees employed by such employer during such taxable year as does not exceed 500, plus (B) $0, multiplied by so much of such average number of full-time employees as exceeds 500. (2) Average number of full-time employees For purposes of this subsection, the average number of full time employees shall be determined in the same manner as such number is determined for purposes of determining whether an employer is an applicable large employer for purposes of section 4980H(c)(2) (A) an individual shall not be taken into account as an employee for any period during which substantially all of the services provided by such individual as an employee are provided outside the United States, and (B) under regulations provided by the Secretary, an individual who performs services as an independent contractor shall be treated as an employee of the employer if no credit under this section is allowed to any other employer with respect to such individual. (c) Qualified workplace reconfiguration expenses For purposes of this section— (1) In general The term qualified workplace reconfiguration expenses (2) Expenses must be for property or services within the United States An amount paid or incurred by the employer shall not be taken into account as a qualified workplace reconfiguration expense if such amount is paid or incurred for— (A) equipment which is not for use in the United States, or (B) services which are not conducted in the United States. (d) Other rules (1) Aggregation rule All persons treated as a single employer under subsection (a) or (b) of section 52 (2) Denial of double benefit Rules similar to the rules of section 280C(a) (3) Election not to have section apply This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary may prescribe) not to have this section apply. (4) Coordination with paycheck protection program and other government grants (A) Paycheck protection program (i) In general No credit shall be allowed under section with respect to any amounts taken into account in connection with a covered loan under section 7(a)(37) or 7A of the Small Business Act. (ii) Application where loans not forgiven The Secretary, in consultation with the Administrator of the Small Business Administration, shall issue guidance providing that amounts taken into account during the covered period shall not fail to be treated as qualified wages under this section by reason of subparagraph (A) to the extent that— (I) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or (II) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act. (B) Government grants No credit shall be allowed under this section with respect to any amount paid or incurred for property or services if such property or services are financed with funding provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for such property or services. (e) Applicability This section shall apply to qualified workplace reconfiguration expenses paid or incurred after March 12, 2020, and before January 1, 2021.

Healthy Workplaces Act

Cost of Police Misconduct Act of 2021 This bill establishes a framework to collect and publish data on allegations of misconduct by law enforcement officers at the federal, state, and local levels. Specifically, the bill requires federal law enforcement agencies to report data to the Department of Justice (DOJ) about allegations of misconduct by federal law enforcement officers and amounts paid as judgments or settlements with respect to the allegations. State and local law enforcement agencies must report substantially similar data to DOJ to receive a full allocation of funds under the Edward Byrne Memorial Justice Assistance Grant program. The bill directs DOJ to release annual summaries of the data and create and maintain an online database with the reported data. The bill also directs the Government Accountability Office to report on costs and other issues related to law enforcement misconduct.

117 S540 IS: Cost of Police Misconduct 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. 540 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Mr. Kaine Committee on the Judiciary A BILL To require Federal, State, and local law enforcement agencies to report information related to allegations of misconduct of law enforcement officers to the Attorney General, and for other purposes. 1. Short title This Act may be cited as the Cost of Police Misconduct Act of 2021 2. Reporting requirement (a) Identification requirement (1) In general Not later than 90 days after the date of the enactment of this Act, the Attorney General shall identify— (A) the total number of Federal law enforcement agencies in the Federal Government; and (B) the name of each Federal law enforcement agency in the Federal Government. (2) Publication The Attorney General shall make publicly available on the internet website of the Department of Justice the information under paragraph (1), and update such identification information on an annual basis. (b) Federal law enforcement requirements (1) Data collection On and after the date that is 120 days after the date of the enactment of this Act, a Federal law enforcement agency identified under subsection (a)(1) shall collect the information described in paragraph (3) of this subsection relating to allegations of misconduct by any Federal law enforcement officer employed by the agency and any judgments or settlements with respect to such allegations of misconduct. (2) Data reporting (A) In general Not later than 60 days after the last day of each year that begins after the date of the enactment of this Act, a Federal law enforcement agency identified under subsection (a)(1) shall report to the Attorney General, pursuant to guidelines established by the Attorney General, for the preceding year and with respect to the Federal law enforcement agency, the information described in paragraph (3). (B) Extension The Attorney General may extend the deadline under subparagraph (A) by 60 days for a Federal law enforcement agency that is making good faith efforts to comply with the requirement under that subparagraph. (C) Scope of initial report The first report submitted by a Federal law enforcement agency under subparagraph (A) shall include data collected prior to the year covered by the report, if the data collection requirement under paragraph (1) applies to any period prior to that year. (3) Information required The information described in this paragraph, for a particular year and with respect to a Federal law enforcement agency, is the following: (A) The total number of allegations of misconduct by a Federal law enforcement officer made during the year. (B) The total number of judgments entered or settlements entered into during the year with respect to allegations of misconduct by a Federal law enforcement officer. (C) For each allegation of misconduct identified in subparagraph (A) or judgment or settlement with respect to allegations of misconduct identified in subparagraph (B): (i) The race, ethnicity, sex, and age of each officer and civilian involved. (ii) The year in which the alleged misconduct took place. (iii) The year in which the allegation was reported. (iv) The type of allegation, which may include a body camera violation (whether a failure to wear or record), use of force (including the type of force), a collision, racial profiling, negligence, property damage, sexual harassment or assault, false testimony, wrongful death, failure of a duty to intervene, or wrongful imprisonment. (v) Any personnel action taken by the officer involved, which may include resignation or retirement. (vi) Any personnel action taken by the Federal law enforcement agency involved, which may include termination, demotion, or relocation of the officer involved. (vii) In the case of a judgment or settlement, the total amount paid to satisfy the judgment or settlement (and related court fees), regardless of the source of the payment. (viii) In the case of a judgment or settlement, the source of money used to pay the judgment or settlement (and related court fees), including whether the money came from amounts appropriated under section 1304 of title 31, United States Code (commonly known as the “Judgment Fund”), amounts appropriated to the Federal law enforcement agency, or another source. (D) The total amount paid pursuant to such judgments and settlements (and related court fees) by the Federal law enforcement agency. (c) State and local law enforcement requirements (1) Definition In this subsection, the term Byrne JAG program 34 U.S.C. 10151 (2) Requirements (A) Data collection On and after the date that is 120 days after the date of the enactment of this Act, a State or unit of local government that receives funds under the Byrne JAG program shall collect information relating to allegations of misconduct by any law enforcement officer employed by a law enforcement agency of the State or unit of local government, respectively, and any judgments or settlements with respect to such allegations of misconduct that is substantially similar to the information described in subsection (b)(3). (B) Data reporting (i) In general Not later than 60 days after the last day of each year that begins after the date of the enactment of this Act, a State or unit of local government that receives funds under the Byrne JAG program shall submit to the Attorney General, pursuant to guidelines established by the Attorney General, for the preceding year and with respect to each law enforcement agency of the State or unit of local government, respectively, the information collected under subparagraph (A). (ii) Extension The Attorney General may extend the deadline under clause (i) by 60 days for a State or local government that is making good faith efforts to comply with the requirement under that clause. (iii) Source of money for judgments and settlements For purposes of clause (i), in reporting the source of money used to pay a judgment or settlement (and related court fees), as described in subsection (b)(3)(C)(viii), a State or unit of local government shall disclose whether the money came from a general operating budget, State or local law enforcement agency budget, bonds, liability insurance, a central risk management fund or pool, or other source. (iv) Scope of initial report The first report submitted by a State or local government under clause (i) shall include data collected prior to the year covered by the report, if the data collection requirement under subparagraph (A) applies to any period prior to that year. (3) Ineligibility for funds (A) In general A State or unit of local government that fails to comply with the requirements under paragraph (2) shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated to the State or unit of local government under the Byrne JAG program for— (i) the fiscal year in which the failure to comply occurs; or (ii) the subsequent fiscal year. (B) Reallocation Amounts not allocated under the Byrne JAG program to a State or unit of local government for failure to fully comply with paragraph (2) shall be reallocated under that program to States or units of local government that have complied with such paragraph. (4) Open-source data Not later than 30 days after each date on which the Attorney General receives information reported under paragraph (2) from a State or unit of local government, the Attorney General shall verify such information reported using open-source data, as practicable, including using data from newspaper and court records. (d) Study and reports required (1) GAO study and report (A) Study After data has been collected under subsections (b) and (c) for 2 full years, the Comptroller General of the United States shall carry out a study on such data, including— (i) the number of Federal, State, and local law enforcement agencies reporting such data to the Attorney General; (ii) a determination of the leading cause of judgments and settlements against Federal, State, and local law enforcement agencies; (iii) an analysis of any relationship between the number of judgments and settlements and the actions taken by Federal, State, or local law enforcement agencies, including the agency’s process of enforcing the law, such agency’s culture, and any new programs established by the agency to enforce the law; (iv) recommendations with respect to how a Federal, State, or local law enforcement agency may reduce misconduct leading to judgments or settlements; (v) identification of Federal, State, local law enforcement agencies that have spent the most money with respect to judgments and settlements (and related court fees); (vi) the total amount of money spent by Federal, State, and local law enforcement agencies on judgments or settlements (and related court fees), disaggregated by State; and (vii) the average amount of money spent on judgments or settlements (and related court fees) by— (I) Federal law enforcement agencies; (II) State law enforcement agencies; and (III) local law enforcement agencies. (B) Report and press release Not later than 120 days after the last day of the third year that begins after the date of the enactment of this Act, the Comptroller General, in consultation with the Attorney General, shall— (i) prepare and submit to Congress a report that contains the findings of the study under subparagraph (A); (ii) make the report described in clause (i) publicly available through the internet website of the Government Accountability Office; and (iii) release a press release with respect to the study under paragraph (A). (2) DOJ press release Not later than 180 days after the last day of the first year that begins after the date of the enactment of this Act, and annually thereafter, the Attorney General shall issue a press release summarizing the data collected under subsections (b) and (c) for the year prior to the release of such press release. (3) Database (A) In general Not later than 1 year after the date of the enactment of this Act, the Attorney General shall create and maintain online a public, searchable database containing all data reported under subsections (b) and (c), subject to any otherwise applicable confidentiality requirements. Such publication shall not include any personally identifiable information of any law enforcement officer. (B) Database updates The Attorney General shall update the database created under subparagraph (A) on an annual basis with data reported under subsections (b) and (c). (e) Rule of construction Nothing in this section shall be construed to supersede the requirements or limitations under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 (f) Definitions In this section: (1) Allegation of misconduct The term allegation of misconduct (2) Judgment The term judgment (3) Law enforcement agency The term law enforcement agency (4) Settlement The term settlement (A) a civil action prior to the entry of judgment; or (B) a legal dispute prior to the filing of a complaint or petition.

Cost of Police Misconduct Act of 2021

Global Electoral Exchange Act of 2021 This bill authorizes the Department of State to establish a Global Electoral Exchange Program to promote sound election-administration practices around the world. The State Department may award grants to qualified, tax-exempt, U.S.-based organizations that have expertise and experience in relevant topics, such as election-system integrity. Grants may be used to design programs to bring relevant individuals, such as election administrators and poll workers, together to study and discuss election procedures. The State Department shall periodically report to Congress on the program's activities.

117 S542 IS: Global Electoral Exchange 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. 542 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Ms. Klobuchar Mr. Sullivan Committee on Foreign Relations A BILL To promote international exchanges on best election practices, to cultivate more secure democratic institutions around the world, and for other purposes. 1. Short title This Act may be cited as the Global Electoral Exchange Act of 2021 2. Sense of Congress It is the sense of Congress that— (1) recent elections globally have illustrated the urgent need for the promotion and exchange of international best election practices, particularly in the areas of cybersecurity, results transmission, transparency of electoral data, election dispute resolution, and the elimination of discriminatory registration practices and other electoral irregularities; (2) the advancement of democracy worldwide promotes United States interests, as stable democracies provide new market opportunities, improve global health outcomes, and promote economic freedom and regional security; (3) credible elections are the cornerstone of a healthy democracy and enable all persons to exercise their basic human right to have a say in how they are governed; (4) inclusive elections strengthen the credibility and stability of democracies more broadly; (5) at the heart of a strong election cycle is the professionalism of the election management body and an empowered civil society; (6) the development of local expertise via peer-to-peer learning and exchanges promotes the independence of such bodies from internal and external influence; and (7) supporting the efforts of peoples in democratizing societies to build more representative governments in their respective countries is in the national interest of the United States. 3. Global electoral exchange (a) In general The Secretary of State is authorized to establish and administer a Global Electoral Exchange Program (referred to in this section as the Program (b) Purpose The purpose of the Program shall include the promotion and exchange of international best election practices, including in the areas of— (1) cybersecurity; (2) the protection of election systems against influence campaigns; (3) results transmission; (4) transparency of electoral data; (5) election dispute resolution; (6) the elimination of discriminatory registration practices and electoral irregularities; (7) inclusive and equitable promotion of candidate participation; (8) equitable access to polling places, voter education information, and voting mechanisms (including by persons with disabilities); and (9) other sound election administration practices. (c) Exchange of electoral authorities (1) In general The Secretary of State, in consultation, as appropriate, with the United States Agency for International Development, may award grants to any United States-based organization that— (A) is described in section 501(c)(3) (B) has experience in, and a primary focus on, foreign comparative election systems or subject matter expertise in the administration or integrity of such systems; and (C) submits an application in such form, and satisfying such requirements, as the Secretary may require. (2) Types of grants An organization described in paragraph (1) may receive a grant under this subsection to design and implement programs that— (A) bring to the United States election administrators and officials, including government officials, poll workers, civil society representatives, members of the judiciary, and others who participate in the organization and administration of public elections in a foreign country that faces challenges to its electoral process to study election procedures in the United States for educational purposes; or (B) take election administrators and officials of the United States or of another country, including government officials, poll workers, civil society representatives, members of the judiciary, and others who participate in the organization and administration of public elections to another country to study and discuss election procedures in such country for educational purposes. (3) Limits on activities Activities administered under the Program may not— (A) include observation of an election for the purposes of assessing the validity or legitimacy of that election; (B) facilitate any advocacy for a certain electoral result by a grantee when participating in the Program; or (C) be carried out without proper consultation with State and local authorities in the United States that administer elections. (4) Sense of congress It is the sense of Congress that the Secretary of State should establish and maintain a network of Global Electoral Exchange Program alumni, to promote communication and further exchange of information regarding sound election administration practices among current and former Program participants. (5) Limitation A recipient of a grant under the Program may only use such grant for the purpose for which such grant was awarded, unless otherwise authorized by the Secretary of State. (6) Nonduplicative Grants made under this subsection may not be duplicative of any other grants made under any other provision of law for similar or related purposes. (d) Authorization of appropriations There is authorized to be appropriated $5,000,000 for each of the fiscal years 2022 through 2026 to carry out this section. 4. Congressional oversight Not later than 1 year after the date of the enactment of this Act and annually thereafter for the following 2 years, the Secretary of State shall provide a briefing to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (1) a summary of all exchanges conducted under the Global Electoral Exchange Program, including information regarding grantees, participants, and the locations where program activities were held; (2) a description of the criteria used to select grantees under the Global Electoral Exchange Program; and (3) recommendations for the improvement of the Global Electoral Exchange Program in furtherance of the purpose specified in section 3(b).

Global Electoral Exchange Act of 2021

Railroad Employee Equity and Fairness Act or the REEF Act This bill permanently exempts payments made from the Railroad Unemployment Insurance Account from sequestration. Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals. Currently, this exemption ends 30 days after the termination of the COVID-19 national emergency period.

116 S4860 IS: Railroad Employee Equity and Fairness Act U.S. Senate 2020-10-26 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 116th CONGRESS 2d Session S. 4860 IN THE SENATE OF THE UNITED STATES October 26 (legislative day, October 19), 2020 Mr. Portman Ms. Klobuchar Committee on the Budget A BILL To exempt payments made from the Railroad Unemployment Insurance Account from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985. 1. Short titles This Act may be cited as the Railroad Employee Equity and Fairness Act REEF Act 2. Treatment of payments from the Railroad Unemployment Insurance Account (a) In general Section 256(i)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 906(i)(1) (1) in subparagraph (B), by striking and (2) in subparagraph (C), by inserting and (3) by inserting after subparagraph (C) the following new subparagraph: (D) any payment made from the Railroad Unemployment Insurance Account (established by section 10 of the Railroad Unemployment Insurance Act) for the purpose of carrying out the Railroad Unemployment Insurance Act, and funds appropriated or transferred to or otherwise deposited in such Account, . (b) Effective date The treatment of payments made from the Railroad Unemployment Insurance Account pursuant to the amendment made by subsection (a) shall take effect 7 days after the date of enactment of this Act and shall apply only to obligations incurred on or after such effective date for such payments.

Railroad Employee Equity and Fairness Act

Butch Lewis Emergency Pension Plan Relief Act of 2021 This bill modifies the funding rules and provides financial assistance for certain pension plans that are underfunded or insolvent. First, the bill expands the authority of, and provides funding for, the Pension Benefit Guaranty Corporation (PBGC) to provide special partition assistance to a multiemployer pension plan that is insolvent or at risk of insolvency. The bill expands eligibility for partition assistance, provides funding for a plan to reach a projected funded ratio of 80% over a 30-year period, and does not require a plan to repay such assistance. The bill further permits a multiemployer pension plan to elect to retain its funding zone status from the previous year for either (1) the first plan year beginning during the period from March 1, 2020, through February 28, 2021; or (2) the next succeeding plan year, as designated by the plan sponsor. A plan may also extend by five years the funding improvement or rehabilitation period if the plan is designated as in endangered or critical status for a plan year beginning in 2020 or 2021. A plan in critical and declining status may not suspend payment of plan benefits. Additionally, the bill adjusts the minimum funding standards for a multiemployer pension plan to account for investment losses and other losses related to the COVID-19 pandemic and modifies the PBGC guarantee formula to increase the maximum potential benefits under a multiemployer pension plan.

117 S547 IS: Butch Lewis Emergency Pension Plan Relief 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. 547 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Mr. Brown Ms. Baldwin Mr. Bennet Mr. Blumenthal Mr. Booker Ms. Cantwell Mr. Casey Mr. Coons Ms. Cortez Masto Ms. Duckworth Mr. Durbin Mrs. Gillibrand Ms. Hassan Mr. Heinrich Ms. Hirono Mr. Kaine Mr. King Ms. Klobuchar Mr. Leahy Mr. Luján Mr. Manchin Mr. Markey Mr. Menendez Mr. Merkley Mrs. Murray Mr. Padilla Mr. Peters Mr. Reed Ms. Rosen Mr. Sanders Mr. Schatz Mr. Schumer Mrs. Shaheen Ms. Smith Ms. Stabenow Mr. Tester Mr. Van Hollen Mr. Warner Mr. Warnock Ms. Warren Mr. Whitehouse Mr. Wyden Committee on Finance A BILL To provide relief for multiemployer and single employer pension plans, and for other purposes. 1. Short title This Act may be cited as the Butch Lewis Emergency Pension Plan Relief Act of 2021 2. Special partition relief (a) Appropriation Section 4005 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1305 (i) (1) An eighth fund shall be established for partition assistance to multiemployer pension plans, as provided under section 4233A, and to pay for necessary administrative and operating expenses relating to such assistance. (2) There is appropriated from the general fund such amounts as necessary for the costs of providing partition assistance under section 4233A and necessary administrative and operating expenses. The eighth fund established under this subsection shall be credited with such amounts from time to time as the Secretary of the Treasury determines appropriate, from the general fund of the Treasury, and such amounts shall remain available until expended. . (b) Special partition authority The Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 4233A. Special partition relief (a) Special partition authority (1) In general Upon the application of a plan sponsor of an eligible multiemployer plan for partition of the plan under this section, the corporation shall order a partition of the plan in accordance with this section. (2) Inapplicability of certain repayment obligation A plan receiving partition assistance pursuant to this section shall not be subject to repayment obligations under section 4261(b)(2). (b) Eligible plans (1) In general For purposes of this section, a multiemployer plan is an eligible multiemployer plan if— (A) the plan is in critical and declining status (within the meaning of section 305(b)(6)) in any plan year beginning in 2020 through 2024; (B) a suspension of benefits has been approved with respect to the plan under section 305(e)(9) as of the date of the enactment of this section; (C) in any plan year beginning in 2020 through 2024, the plan is certified by the plan actuary to be in critical status (within the meaning of section 305(b)(2)), has a modified funded percentage of less than 40 percent, and has a ratio of active to inactive participants which is less than 2 to 3; or (D) the plan is insolvent for purposes of section 418E (2) Modified funded percentage For purposes of paragraph (1)(C), the term modified funded percentage (c) Applications for special partition (1) Guidance The corporation shall issue guidance setting forth requirements for special partition applications under this section not later than 120 days after the date of the enactment of this section. In such guidance, the corporation shall— (A) limit the materials required for a special partition application to the minimum necessary to make a determination on the application; and (B) provide for an alternate application for special partition under this section, which may be used by a plan that has been approved for a partition under section 4233 before the date of enactment of this section. (2) Temporary priority consideration of applications (A) In general The corporation may specify in guidance under paragraph (1) that, during the first 2 years following the date of enactment of this section, special partition applications will be provided priority consideration, if— (i) the plan is likely to become insolvent within 5 years of the date of enactment of this section; (ii) the corporation projects a plan to have a present value of financial assistance payments under section 4261 that exceeds $1,000,000,000 if the special partition is not ordered; (iii) the plan has implemented benefit suspensions under section 305(e)(9) as of the date of the enactment of this section; or (iv) the corporation determines it appropriate based on other circumstances. (B) No effect on amount of assistance A plan that is approved for special partition assistance under this section shall not receive reduced special partition assistance on account of not receiving priority consideration under subparagraph (A). (3) Actuarial assumptions and other information The corporation shall accept assumptions incorporated in a multiemployer plan’s determination that it is in critical status or critical and declining status (within the meaning of section 305(b)), or that the plan’s modified funded percentage is less than 40 percent, unless such assumptions are clearly erroneous. The corporation may require such other information as the corporation determines appropriate for making a determination of eligibility and the amount of special partition assistance necessary under this section. (4) Application deadline Any application by a plan for special partition assistance under this section shall be submitted no later than December 31, 2026, and any revised application for special partition assistance shall be submitted no later than December 31, 2027. (5) Notice of application Not later than 120 days after the date of enactment of this section, the corporation shall issue guidance requiring multiemployer plans to notify participants and beneficiaries that the plan has applied for partition under this section, after the corporation has determined that the application is complete. Such notice shall reference the special partition relief internet website described in subsection (p). (d) Determinations on applications A plan’s application for special partition under this section that is timely filed in accordance with guidance issued under subsection (c)(1) shall be deemed approved and the corporation shall issue a special partition order unless the corporation notifies the plan within 120 days of the filing of the application that the application is incomplete or the plan is not eligible under this section. Such notice shall specify the reasons the plan is ineligible for a special partition or information needed to complete the application. If a plan is denied partition under this subsection, the plan may submit a revised application under this section. Any revised application for special partition submitted by a plan shall be deemed approved unless the corporation notifies the plan within 120 days of the filing of the revised application that the application is incomplete or the plan is not eligible under this section. A special partition order issued by the corporation shall be effective no later than 120 days after a plan’s special partition application is approved by the corporation or deemed approved. (e) Amount and manner of special partition assistance (1) In general The liabilities of an eligible multiemployer plan that the corporation assumes pursuant to a special partition order under this section shall be the amount necessary for the plan to meet its funding goals described in subsection (g). (2) No cap Liabilities assumed by the corporation pursuant to a special partition order under this section shall not be capped by the guarantee under section 4022A. The corporation shall have discretion on how liabilities of the plan are partitioned. (f) Successor plan (1) In general The plan created by a special partition order under this section is a successor plan to which section 4022A applies. (2) Plan sponsor and administrator The plan sponsor of an eligible multiemployer plan prior to the special partition and the administrator of such plan shall be the plan sponsor and the administrator, respectively, of the plan created by the partition. (g) Funding goals (1) In general The funding goals of a multiemployer plan eligible for partition under this section are both of the following: (A) The plan will remain solvent over 30 years with no reduction in a participant's or beneficiary’s accrued benefit (except to the extent of a reduction in accordance with section 305(e)(8) adopted prior to the plan’s application for partition under this section). (B) The funded percentage of the plan (disregarding partitioned benefits) at the end of the 30-year period is projected to be 80 percent. (2) Basis The funding projections under paragraph (1) shall be performed on a deterministic basis. (h) Restoration of benefit suspensions An eligible multiemployer plan that is partitioned under this section shall— (1) reinstate any benefits that were suspended under section 305(e)(9) or section 4245(a), effective as of the first month the special partition order is effective, for participants or beneficiaries as of the effective date of the partition; and (2) provide payments equal to the amount of benefits previously suspended to any participants or beneficiaries in pay status as of the effective date of the special partition, payable in the form of a lump sum within 3 months of such effective date or in equal monthly installments over a period of 5 years, with no adjustment for interest. (i) Adjustment of special partition assistance (1) In general Every 5 years, the corporation shall adjust the special partition assistance described in subsection (e) as necessary for the eligible multiemployer plan to satisfy the funding goals described in subsection (g). If the 30 year period described in subsection (g) has lapsed, in applying this paragraph, 5 years shall be substituted for 30 years. (2) Submission of information An eligible multiemployer plan that is the subject of a special partition order under subsection (a) shall submit such information as the corporation may require to determine the amount of the adjustment under paragraph (1). (3) Cessation of adjustments Adjustments under this subsection with respect to special partition assistance for an eligible multiemployer plan shall cease and the corporation shall permanently assume liability for payment of any benefits transferred to the successor plan (subject to subsection (l)) beginning with the first plan year that the funded percentage of the eligible multiemployer plan (disregarding partitioned benefits) is at least 80 percent and the plan’s projected funded percentage for each of the next 10 years is at least 80 percent. Any accumulated funding deficiency of the plan (within the meaning of section 304(a)) shall be reduced to zero as of the first day of the plan year for which partition assistance is permanent under this paragraph. (j) Conditions on plans during partition (1) In general The corporation may impose, by regulation, reasonable conditions on an eligible multiemployer plan that is partitioned under section (a) relating to increases in future accrual rates and any retroactive benefit improvements, allocation of plan assets, reductions in employer contribution rates, diversion of contributions to, and allocation of, expenses to other retirement plans, and withdrawal liability. (2) Limitations The corporation shall not impose conditions on an eligible multiemployer plan as a condition of or following receipt of such partition assistance under this section relating to— (A) any reduction in plan benefits (including benefits that may be adjusted pursuant to section 305(e)(8)); (B) plan governance, including selection of, removal of, and terms of contracts with, trustees, actuaries, investment managers, and other service providers; or (C) any funding rules relating to the plan that is partitioned under this section. (3) Condition An eligible multiemployer plan that is partitioned under subsection (a) shall continue to pay all premiums due under section 4007 for participants and beneficiaries in the plan created by a special partition order until the plan year beginning after a cessation of adjustments applies under subsection (i). (k) Withdrawal liability An employer’s withdrawal liability for purposes of this title shall be calculated taking into account any plan liabilities that are partitioned under subsection (a) until the plan year beginning after the expiration of 15 calendar years from the effective date of the partition. (l) Cessation of partition assistance If a plan that receives partition assistance under this section becomes insolvent for purposes of section 418E (m) Reporting An eligible multiemployer plan that receives partition assistance under this section shall file with the corporation a report, including the following information, in such manner (which may include electronic filing requirements) and at such time as the corporation requires: (1) The funded percentage (as defined in section 305(j)(2)) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage. (2) The market value of the assets of the plan (determined as provided in paragraph (1)) as of the last day of the plan year preceding such plan year. (3) The total value of all contributions made by employers and employees during the plan year preceding such plan year. (4) The total value of all benefits paid during the plan year preceding such plan year. (5) Cash flow projections for such plan year and the 9 succeeding plan years, and the assumptions used in making such projections. (6) Funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections. (7) The total value of all investment gains or losses during the plan year preceding such plan year. (8) Any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction. (9) A list of employers that withdrew from the plan in the plan year preceding such plan year, the payment schedule with respect to such withdrawal liability, and the resulting reduction in contributions. (10) A list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability. (11) Any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year, and whether such changes relate to the conditions of the partition assistance. (12) Details regarding any funding improvement plan or rehabilitation plan and updates to such plan. (13) The number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries. (14) The information contained on the most recent annual funding notice submitted by the plan under section 101(f). (15) The information contained on the most recent annual return under section 6058 (16) Copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, financial reports, and copies of the portions of collective bargaining agreements relating to plan contributions, funding coverage, or benefits, and such other information as the corporation may reasonably require. Any information disclosed by a plan to the corporation that could identify individual employers shall be confidential and not subject to publication or disclosure. (n) Report to Congress (1) In general Not later than 1 year after the date of enactment of this section and annually thereafter, the board of directors of the corporation shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a detailed report on the implementation and administration of this section. Such report shall include— (A) information on the name and number of multiemployer plans that have applied for partition assistance under this section; (B) the name and number of such plans that have been approved for partition assistance under this section and the name and number of the plans that have not been approved for special partition assistance; (C) a detailed rationale for any decision by the corporation to not approve an application for special partition assistance; (D) the amount of special partition assistance provided to eligible multiemployer plans (including amounts provided on an individual plan basis and in the aggregate); (E) the name and number of the multiemployer plans that restored benefit suspensions and provided lump sum or monthly installment payments to participants or beneficiaries; (F) the amount of benefits that were restored and lump sum or monthly installment payments that were paid (including amounts provided on an individual plan basis and in the aggregate); (G) the name and number of the plans that received adjustments to partition assistance under subsection (i); (H) a list of, and rationale for, each reasonable condition imposed by the corporation on plans approved for special partition assistance under this section; (I) the contracts that have been awarded by the corporation to implement or administer this section; (J) the number, purpose, and dollar amounts of the contracts that have been awarded to implement or administer the section; (K) a detailed summary of the reports required under subsection (m); and (L) a detailed summary of the feedback received on the pension relief internet website established under subsection (p). (2) PBGC certification The board of directors of the corporation shall include with the report under paragraph (1) a certification and affirmation that the amount of special partition assistance provided to each plan under this section is the amount necessary to meet its funding goals under subsection (g), including, if applicable, any adjustment of special partition assistance as determined under subsection (i). (3) Confidentiality Congress may publicize the reports received under paragraph (1) only after redacting all sensitive or proprietary information. (o) GAO report Not later than 1 year after the first partition application is approved by the corporation under this section, and biennially thereafter, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a detailed report on the actions of the corporation to implement and administer this section, including an examination of the contracts awarded by such corporation to carry out this section and an analysis of such corporation’s compliance with subsections (e) and (g). (p) Special partition relief website (1) Establishment Not later than 120 days after the date of enactment of this section, the corporation shall establish and maintain a user-friendly, public-facing internet website to foster greater accountability and transparency in the implementation and administration of this section. (2) Purpose The internet website established and maintained under paragraph (1) shall be a portal to key information relating to this section for multiemployer plan administrators and trustees, plan participants, beneficiaries, participating employers, other stakeholders, and the public. (3) Content and function The internet website established under paragraph (1) shall— (A) describe the nature and scope of the special partition authority and assistance under this section in a manner calculated to be understood by the average plan participant; (B) include published guidance, regulations, and all other relevant information on the implementation and administration of this section; (C) include, with respect to plan applications for special partition assistance— (i) a general description of the process by which eligible plans can apply for special partition assistance, information on how and when the corporation will process and consider plan applications; (ii) information on how the corporation will address any incomplete applications as specified in under this section; (iii) a list of the plans that have applied for special partition assistance and, for each application, the date of submission of a completed application; (iv) the text of each plan’s completed application for special partition assistance with appropriate redactions of personal, proprietary, or sensitive information; (v) the estimated date that a decision will be made by the corporation on each application; (vi) the actual date when such decision is made; (vii) the corporation’s decision on each application; and (viii) as applicable, a detailed rationale for any decision not to approve a plan’s application for special partition assistance; (D) provide detailed information on each contract solicited and awarded to implement or administer this section; (E) include reports, audits, and other relevant oversight and accountability information on this section, including the annual reports submitted by the board of directors of the corporation to Congress required under subsection (n), the Office of the Inspector General audits, correspondence, and publications, and the Government Accountability Office reports under subsection (o); (F) provide a clear means for multiemployer plan administrators, plan participants, beneficiaries, other stakeholders, and the public to contact the corporation and provide feedback on the implementation and administration of this section; and (G) be regularly updated to carry out the purposes of this subsection. (q) Office of inspector general There is authorized to be appropriated to the corporation’s Office of Inspector General $24,000,000 for fiscal year 2020, which shall remain available through September 30, 2028, for salaries and expenses necessary for conducting investigations and audits of the implementation and administration of this section. (r) Application of excise tax During the period that a plan is subject to a partition order under this section and prior to a cessation of adjustments pursuant to subsection (i)(3), the plan shall not be subject to section 4971 . 3. Repeal of benefit suspensions for multiemployer plans in critical and declining status (a) Amendment to Internal Revenue Code of 1986 Paragraph (9) of section 432(e) (b) Amendment to Employee Retirement Income Security Act of 1974 Paragraph (9) of section 305(e) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(e) (c) Effective date The repeals made by this section shall not apply to plans that have been approved for a suspension of benefit under section 432(e)(9)(G) 29 U.S.C. 1085(e)(9)(G) 4. Temporary delay of designation of multiemployer plans as in endangered, critical, or critical and declining status (a) In general Notwithstanding the actuarial certification under section 305(b)(3) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3) (1) the status of the plan for its first plan year beginning during the period beginning on March 1, 2020, and ending on February 28, 2021, or the next succeeding plan year (as designated by the plan sponsor in such election), shall be the same as the status of such plan under such sections for the plan year preceding such designated plan year, and (2) in the case of a plan which was in endangered or critical status for the plan year preceding the designated plan year described in paragraph (1), the plan shall not be required to update its plan or schedules under section 305(c)(6) of such Act and section 432(c)(6) of such Code, or section 305(e)(3)(B) of such Act and section 432(e)(3)(B) of such Code, whichever is applicable, until the plan year following the designated plan year described in paragraph (1). If section 305 of the Employee Retirement Income Security Act of 1974 and section 432 (b) Exception for plans becoming critical during election If— (1) an election was made under subsection (a) with respect to a multiemployer plan, and (2) such plan has, without regard to such election, been certified by the plan actuary under section 305(b)(3) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3) (c) Election and notice (1) Election An election under subsection (a)— (A) shall be made at such time and in such manner as the Secretary of the Treasury or the Secretary’s delegate may prescribe and, once made, may be revoked only with the consent of the Secretary, and (B) if made— (i) before the date the annual certification is submitted to the Secretary or the Secretary’s delegate under section 305(b)(3) of such Act and section 432(b)(3) of such Code, shall be included with such annual certification, and (ii) after such date, shall be submitted to the Secretary or the Secretary’s delegate not later than 30 days after the date of the election. (2) Notice to participants (A) In general Notwithstanding section 305(b)(3)(D) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3)(D) (i) the plan sponsor of a multiemployer plan shall not be required to provide notice under such sections, and (ii) the plan sponsor shall provide to the participants and beneficiaries, the bargaining parties, the Pension Benefit Guaranty Corporation, and the Secretary of Labor a notice of the election under subsection (a) and such other information as the Secretary of the Treasury (in consultation with the Secretary of Labor) may require— (I) if the election is made before the date the annual certification is submitted to the Secretary or the Secretary’s delegate under section 305(b)(3) of such Act and section 432(b)(3) of such Code, not later than 30 days after the date of the certification, and (II) if the election is made after such date, not later than 30 days after the date of the election. (B) Notice of endangered status Notwithstanding section 305(b)(3)(D) of such Act and section 432(b)(3)(D) of such Code, if the plan is certified to be in critical status for any plan year but is in endangered status by reason of an election made under subsection (a), the notice provided under such sections shall be the notice which would have been provided if the plan had been certified to be in endangered status. 5. Temporary extension of the funding improvement and rehabilitation periods for multiemployer pension plans in critical and endangered status for 2020 or 2021 (a) In general If the plan sponsor of a multiemployer plan which is in endangered or critical status for a plan year beginning in 2020 or 2021 (determined after application of section 4) elects the application of this section, then, for purposes of section 305 of the Employee Retirement Income Security Act of 1974 and section 432 (1) except as provided in paragraph (2), the plan’s funding improvement period or rehabilitation period, whichever is applicable, shall be 15 years rather than 10 years, and (2) in the case of a plan in seriously endangered status, the plan’s funding improvement period shall be 20 years rather than 15 years. (b) Definitions and special rules For purposes of this section— (1) Election An election under this section shall be made at such time, and in such manner and form, as (in consultation with the Secretary of Labor) the Secretary of the Treasury or the Secretary’s delegate may prescribe. (2) Definitions Any term which is used in this section which is also used in section 305 of the Employee Retirement Income Security Act of 1974 and section 432 (c) Effective date This section shall apply to plan years beginning after December 31, 2019. 6. Adjustments to funding standard account rules (a) Adjustments (1) Amendment to Employee Retirement Income Security Act of 1974 Section 304(b)(8) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1084(b) (F) Relief for 2020 and 2021 A multiemployer plan with respect to which the solvency test under subparagraph (C) is met as of February 29, 2020, may elect to apply this paragraph by substituting February 29, 2020 August 31, 2008 . (2) Amendment to Internal Revenue Code of 1986 Section 431(b)(8) (F) Relief for 2020 and 2021 A multiemployer plan with respect to which the solvency test under subparagraph (C) is met as of February 29, 2020, may elect to apply this paragraph by substituting February 29, 2020 August 31, 2008 . (b) Effective dates (1) In general The amendments made by this section shall take effect as of the first day of the first plan year ending on or after February 29, 2020, except that any election a plan makes pursuant to this section that affects the plan’s funding standard account for the first plan year beginning after February 29, 2020, shall be disregarded for purposes of applying the provisions of section 305 of the Employee Retirement Income Security Act of 1974 and section 432 (2) Restrictions on benefit increases Notwithstanding paragraph (1), the restrictions on plan amendments increasing benefits in sections 304(b)(8)(D) of such Act and 431(b)(8)(D) of such Code, as applied by the amendments made by this section, shall take effect on the date of enactment of this Act. 7. PBGC guarantee for participants in multiemployer plans Section 4022A(c)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322a(c)(1) (A) 100 percent of the accrual rate up to $15, plus 75 percent of the lesser of— (i) $70; or (ii) the accrual rate, if any, in excess of $15; and (B) the number of the participant’s years of credited service. For each calendar year after the first full calendar year following the date of the enactment of the Butch Lewis Emergency Pension Plan Relief Act of 2021 .

Butch Lewis Emergency Pension Plan Relief Act of 2021

Alaska Native Tribal Health Consortium Land Transfer Act of 2021 This bill directs the Department of Health and Human Services (HHS) to convey specified property in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium for use in connection with health programs. The conveyance shall not require any consideration from, or impose any obligation, term, or condition on, the consortium or allow for any U.S. reversionary interest in the property. The consortium shall not be liable for any environmental contamination that occurred before the conveyance. Further, HHS shall not be liable for any environmental contamination from the date on which the consortium assumes control of, occupies, and uses the property.

117 S548 ES: Alaska Native Tribal Health Consortium Land Transfer Act of 2021 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS 1st Session S. 548 IN THE SENATE OF THE UNITED STATES AN ACT To convey land in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium, and for other purposes. 1. Short title This Act may be cited as the Alaska Native Tribal Health Consortium Land Transfer Act of 2021 2. Conveyance of property to the Alaska Native Tribal Health Consortium (a) Conveyance of property (1) In general As soon as practicable, but not later than 2 years, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary Consortium (2) Conditions The conveyance of the property under paragraph (1)— (A) shall be made by warranty deed; and (B) shall not— (i) require any consideration from the Consortium for the property; (ii) impose any obligation, term, or condition on the Consortium; or (iii) allow for any reversionary interest of the United States in the property. (3) Effect on any quitclaim deed The conveyance by the Secretary of title by warranty deed under paragraph (1) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Consortium. (b) Property described The property referred to in subsection (a), including all land, improvements, and appurtenances, is— (1) Lot 1A in Block 31A, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96–117, recorded on November 22, 1996, in the Anchorage Recording District; and (2) Block 32C, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96–118, recorded on November 22, 1996, in the Anchorage Recording District. (c) Environmental liability (1) Liability (A) In general Notwithstanding any other provision of law— (i) the Consortium shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) that occurred on or before the date on which the property is conveyed to the Consortium under subsection (a)(1); and (ii) the Secretary shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) that occurred after the date on which the Consortium controlled, occupied, and used the property. (B) Environmental contamination An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement The Secretary shall be accorded any easement or access to the property conveyed under subsection (a)(1) as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3) Passed the Senate May 26, 2021. Secretary

Alaska Native Tribal Health Consortium Land Transfer Act of 2021

Southeast Alaska Regional Health Consortium Land Transfer Act of 2021 This bill directs the Department of Health and Human Services (HHS) to convey specified property in Sitka, Alaska, to the Southeast Alaska Regional Health Consortium for use in connection with health and social services programs. The conveyance shall not require any consideration from, or impose any obligation, term, or condition on, the consortium or allow for any U.S. reversionary interest in the property. The consortium shall not be liable for any environmental contamination that occurred before the conveyance. Further, HHS shall not be liable for any environmental contamination from the date on which the consortium assumes control of, occupies, and uses the property.

117 S550 ES: Southeast Alaska Regional Health Consortium Land Transfer Act of 2021 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS 1st Session S. 550 IN THE SENATE OF THE UNITED STATES AN ACT To provide for the conveyance of certain property to the Southeast Alaska Regional Health Consortium located in Sitka, Alaska, and for other purposes. 1. Short title This Act may be cited as the Southeast Alaska Regional Health Consortium Land Transfer Act of 2021 2. Conveyance of property (a) In general As soon as practicable, but not later than 2 years, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary Consortium (b) Conditions The conveyance of the property under subsection (a)— (1) shall be made by warranty deed; and (2) shall not— (A) require any consideration from the Consortium for the property; (B) impose any obligation, term, or condition on the Consortium; or (C) allow for any reversionary interest of the United States in the property. (c) Effect on any quitclaim deed The conveyance by the Secretary of title by warranty deed under subsection (a) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in section 3 executed by the Secretary and the Consortium. 3. Property described The property, including all land and appurtenances, described in this section is the property included in U.S. Survey 1496, lots 4 and 7, partially surveyed T. 55 S., R. 63 E., Copper River Meridian, containing approximately 10.87 acres in Sitka, Alaska. 4. Environmental liability (a) Liability (1) In general Notwithstanding any other provision of law, the Consortium shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in section 3 on or before the date on which the property is conveyed to the Consortium, except that the Secretary shall not be liable for any contamination that occurred after the date that the Consortium controlled, occupied, and used the property. (2) Environmental contamination An environmental contamination described in paragraph (1) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (b) Easement The Secretary shall be accorded any easement or access to the property conveyed under this Act as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (c) Notice of hazardous substance activity and warranty In carrying out this Act, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3) Passed the Senate May 26, 2021. Secretary

Southeast Alaska Regional Health Consortium Land Transfer Act of 2021

Recovery Startup Assistance Act This bill expands the employee retention tax credit to include recovery startup businesses. The bill defines recovery startup business as any employer that began a trade or business after February 15, 2020, had less than 50 full-time employees, and did not have gross receipts in excess of $25,000 in the preceding five-year period.

117 S551 IS: Recovery Startup Assistance 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. 551 IN THE SENATE OF THE UNITED STATES March 2 (legislative day, March 1), 2021 Ms. Hassan Mr. Braun Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand the Employee Retention Tax Credit to include certain startup businesses. 1. Short title This Act may be cited as the Recovery Startup Assistance Act 2. Expansion of Employee Retention Tax Credit to include certain startup businesses (a) In general Section 2301 of the CARES Act, as amended by sections 206 and 207 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020 ( Public Law 116–260 (1) in subsection (c)— (A) in paragraph (2)(A)(ii)— (i) in subclause (I), by striking or (ii) in subclause (II), by striking the period at the end and inserting , or (iii) by inserting after subclause (II) the following: (III) the employer is a recovery startup business (as defined in paragraph (6)). , (B) by redesignating paragraph (6) as paragraph (7), and (C) by inserting after paragraph (5) the following: (6) Recovery startup business (A) In general The term recovery startup business (i) began carrying on a trade or business after February 15, 2020, (ii) had less than 50 full-time employees (as defined in section 4980H(c)(4) quarter month (iii) did not have gross receipts (as determined under the rules of section 448(c)(3) of such Code, without regard to subparagraph (A) thereof) in excess of $25,000 for any taxable year preceding the 5-taxable-year period ending with the taxable year preceding such quarter, and (iv) elected to have this paragraph apply for such quarter. (B) Phaseout of credit In the case of any recovery startup business, the amount of the credit allowed under subsection (a) for any calendar quarter (as determined without regard to this subparagraph) shall be reduced (but not below zero) by an amount equal to 1 percent of the amount of such credit for each $40,000 (or fraction thereof) by which the gross receipts (as determined under the rules of section 448(c)(3) (C) Extensions and modifications (i) Limitation on number of employees In the case of a recovery startup business, the amount of qualified wages which may be taken into account under subsection (a) by such employer for any calendar quarter shall not exceed $50,000. (ii) Limitation on number of quarters (I) In general Subject to subclause (II), in the case of a recovery startup business, the credit allowed under subsection (a) shall only apply to wages paid during any period of 2 consecutive calendar quarters (as elected by such business), as reduced by the total number of calendar quarters in which the recovery startup business— (aa) claimed the credit under this section, and (bb) did not make an election described in subparagraph (A)(iv). (II) Exclusion The period described in subclause (I) shall not include any calendar quarter which ends before the later of— (aa) the date of enactment of the Recovery Startup Assistance Act (bb) the date on which such business began operations. (iii) Extension In the case of a recovery startup business, subsection (m) shall be applied by substituting January 1, 2022 July 1, 2021 , (2) in subsection (j)(2), by adding at the end the following: (D) Recovery startup business Without regard to subparagraphs (A) through (C), under rules provided by the Secretary, a recovery startup business may elect for any calendar quarter to receive an advance payment of the credit under subsection (a) (after application of subsection (c)(6)) for such quarter. , and (3) in subsection (l)— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period at the end and inserting , and (C) by inserting after paragraph (3) the following: (4) to prevent fraudulent and abusive claims of the credit allowed under subsection (a) by recovery startup businesses. . (b) Effective date The amendments made by this section shall apply to calendar quarters beginning after December 31, 2020.

Recovery Startup Assistance Act

Government Spectrum Valuation Act This bill requires estimation of the value of federal electromagnetic spectrum. Specifically, the bill requires (1) the National Telecommunications and Information Administration, in consultation with the Federal Communications Commission and the Office of Management and Budget, to estimate the value of spectrum assigned or allocated to each federal agency; and (2) each agency to report, in its annual budget and financial statement, the estimated value of the spectrum that has been assigned or allocated to it.

117 S553 IS: Government Spectrum Valuation Act U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 553 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Lee Committee on Commerce, Science, and Transportation A BILL To require the National Telecommunications and Information Administration to estimate the value of electromagnetic spectrum assigned or otherwise allocated to Federal entities. 1. Short title This Act may be cited as the Government Spectrum Valuation Act 2. Estimate of value of electromagnetic spectrum (a) In general Part A of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901 (1) by redesignating section 105 ( 47 U.S.C. 904 (2) by inserting after section 104 ( 47 U.S.C. 903 105. Estimate of value of electromagnetic spectrum (a) Definitions In this section— (1) the term covered band (2) the term Federal entity (3) the term OMB (b) Estimates required The NTIA, in consultation with the Commission and OMB, shall estimate the value of electromagnetic spectrum in the covered band that is assigned or otherwise allocated to each Federal entity as of the date of the estimate, in accordance with the schedule under subsection (c). (c) Schedule The NTIA shall conduct the estimates under subsection (b) for the frequencies between— (1) 3 kilohertz and 33 gigahertz not later than 1 year after the date of enactment of this section, and every 3 years thereafter; (2) 33 gigahertz and 66 gigahertz not later than 2 years after the date of enactment of this section, and every 3 years thereafter; and (3) 66 gigahertz and 95 gigahertz not later than 3 years after the date of enactment of this section, and every 3 years thereafter. (d) Basis for estimate (1) In general The NTIA shall base each value estimate under subsection (b) on the value that the electromagnetic spectrum would have if the spectrum were reallocated for the use with the highest potential value of licensed or unlicensed commercial wireless services that do not have access to that spectrum as of the date of the estimate. (2) Consideration of Government capabilities In estimating the value of spectrum under subsection (b), the NTIA may consider the spectrum needs of commercial interests while preserving the spectrum access necessary to satisfy mission requirements and operations of Federal entities. (3) Dynamic scoring To the greatest extent practicable, the NTIA shall incorporate dynamic scoring methodology into the value estimate under subsection (b). (4) Disclosure (A) In general Subject to subparagraph (B), the NTIA shall publicly disclose how the NTIA arrived at each value estimate under subsection (b), including any findings made under paragraph (2) of this subsection. (B) Classified, law enforcement-sensitive, and proprietary information If any information involved in a value estimate under subsection (b), including any finding made under paragraph (2) of this subsection, is classified, law enforcement-sensitive, or proprietary, the NTIA— (i) may not publicly disclose the classified, law enforcement-sensitive, or proprietary information; and (ii) shall make the classified, law enforcement-sensitive, or proprietary information available to any Member of Congress, upon request, in a classified annex. (e) Agency report on value of electromagnetic spectrum A Federal entity that has been assigned or otherwise allocated use of electromagnetic spectrum within the covered band shall report the value of the spectrum as most recently estimated under subsection (b)— (1) in the budget of the Federal entity to be included in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code; and (2) in the annual financial statement of the Federal entity required to be filed under section 3515 of title 31, United States Code. . (b) Technical and conforming amendments Section 103(b) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(b) (1) in paragraph (1), by striking section 105(d) section 106(d) (2) in paragraph (2), in the matter preceding subparagraph (A), by striking section 105(d) section 106(d)

Government Spectrum Valuation Act

Resources for Victims of Gun Violence Act of 2021 This bill establishes the Advisory Council to Support Victims of Gun Violence. Among other things, the advisory council must assess the needs of victims of gun violence and disseminate information about helpful resources.

117 S556 IS: Resources for Victims of Gun Violence Act of 2021 U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 556 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Casey Mr. Markey Mr. Menendez Ms. Duckworth Ms. Klobuchar Ms. Hirono Mr. Wyden Ms. Cortez Masto Ms. Rosen Mr. Blumenthal Mr. Durbin Mr. Brown Ms. Warren Mrs. Shaheen Ms. Smith Mr. Van Hollen Mr. Booker Committee on the Judiciary A BILL To establish a Federal Advisory Council to Support Victims of Gun Violence. 1. Short title This Act may be cited as the Resources for Victims of Gun Violence Act of 2021 2. Findings Congress finds the following: (1) In the United States, more than 100 individuals are killed with guns every day, totaling nearly 40,000 individuals who die from gun violence every year. (2) Additionally, more than 230 individuals sustain a nonfatal gun injury every day. According to a recent national poll, an estimated 10,000,000 individuals in the United States have been shot and injured in their lifetimes. (3) In that same poll, approximately 58 percent of adults in the United States reported that they, or someone they care for, have experienced a form of gun violence, including a gun suicide, a gun homicide, domestic violence involving a gun, or an unintentional shooting. (4) Nearly two-thirds of gun-related deaths in the United States are suicides. Most individuals who attempt suicide do not die—unless they use a gun. Approximately 90 percent of gun suicide attempts end in death, whereas 4 percent of suicide attempts not involving a firearm result in death. (5) This is particularly concerning for veterans, children, and teenagers. Veterans are 1.5 times more likely than non-veterans to die by suicide, and in 2017, 69 percent of veteran suicides were by gun. Among children and teenagers, the rate of gun suicide has increased 59 percent over the past 10 years. (6) An estimated 40,000,000 adults in the United States report someone they cared for had attempted or died by suicide with a gun. (7) More than one-third of gun-related deaths in the United States are homicides, and in 2015, the gun homicide rate in the United States was nearly 25 times higher than in other high-income countries. (8) Gun homicides in the United States occur disproportionately in cities, particularly in racially segregated neighborhoods with high rates of poverty. Gun homicide disproportionately affects communities of color, and Black Americans represent the majority of gun homicide victims. (9) More than 600 mass shootings, defined as shootings in which 4 or more individuals were shot and killed or injured, took place in the United States in 2020, and more than 2,600 mass shootings have taken place since the shooting at Sandy Hook Elementary School in Newtown, Connecticut, in 2012. (10) Firearms are the leading cause of death for children and teenagers. In 2019, more than 3,300 children and teenagers were shot and killed. Each year, approximately 15,600 children and teenagers are shot and injured. Black children and teenagers are 14 times more likely than their white peers to die by gun homicide. (11) During an average year in the United States, more than 600 women are shot to death by an intimate partner, and many more women are shot and injured by an intimate partner. Nearly 1,000,000 women in the United States who are alive today have been shot or shot at by an intimate partner, and approximately 4,500,000 women in the United States today have been threatened with a gun by an intimate partner. (12) More than 10,300 violent hate crimes committed in the United States in an average year involve a gun, or more than 28 each day. The vast majority of hate crimes are directed against communities of color, religious minorities, and individuals in the LGBTQ+ community. (13) In 2020, communities and cities across the United States experienced an increase in gun violence and gun homicides as the country struggled with the economic and social uncertainty caused by the COVID–19 pandemic. (14) From March 2020 through November 2020, an estimated 17,400,000 guns were sold, an 81 percent increase over the same period in 2019. This unprecedented surge in gun sales put children, victims of domestic abuse, and communities of color at an even greater risk of gun violence. (15) The individuals who survive gun violence every year in the United States face a lifelong process of physical and emotional healing, in addition to the heavy economic costs faced by those survivors, their families and communities, and society as a whole. Furthermore, victims of gun violence are often unaware of or have trouble accessing many available resources that could help them in their recovery. (16) Victims of gun violence experience persistent mental health problems, including post-traumatic stress, depression, self-harm, anxiety, and substance abuse. The National Center for PTSD (Post-Traumatic Stress Disorder) of the Department of Veterans Affairs estimates that 28 percent of individuals who witness a mass shooting develop PTSD, and about one-third of those individuals develop acute stress disorder. Victims of gun violence suffer from increased rates of unemployment, and young victims of gun violence are more likely to have lower grades and more absences from school. (17) Young people who survive gun-related incidents are also at risk of experiencing gun violence again in the future. One study estimated that nearly one-fourth of the individuals who survive a gun shooting at age 24 or younger will be shot again within the next 10 years. (18) Given the immense physical and emotional toll of gun violence on victims, Congress must do more to ensure that victims of gun violence have access to the resources they need to recover from their trauma—especially for victims experiencing common, everyday gun violence in racially segregated neighborhoods with high rates of poverty and chronic disinvestment. 3. Definitions In this Act: (1) Advisory council The term Advisory Council (2) Appropriate committees The term appropriate committees (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on the Judiciary of the Senate. (C) The Committee on Education and Labor of the House of Representatives. (D) The Committee on Energy and Commerce of the House of Representatives. (E) The Committee on the Judiciary of the House of Representatives. (F) Any other relevant committee of the Senate or of the House of Representatives with jurisdiction over matters affecting victims of gun violence. (3) Gun violence The term gun violence (A) suicide involving firearms; (B) homicide involving firearms; (C) domestic violence involving firearms; (D) hate crimes involving firearms; (E) youth violence involving firearms; (F) mass shootings; (G) unintentional shootings; (H) non-fatal shootings; and (I) threats or exposure to violent acts involving firearms. (4) Victim assistance professional The term victim assistance professional (A) a medical professional, including an emergency medical professional; (B) a social worker; (C) a provider of long-term services or care; and (D) a victim advocate. (5) Victim of gun violence The term victim of gun violence (A) an individual who has been wounded as a result of gun violence; (B) an individual who has been threatened with an act of gun violence; (C) an individual who has witnessed an act of gun violence; and (D) a relative, classmate, coworker, or other associate of— (i) an individual who has been killed as a result of gun violence; or (ii) an individual described in subparagraph (A) or (B). 4. Advisory Council to Support Victims of Gun Violence (a) Establishment There is established an Advisory Council to Support Victims of Gun Violence. (b) Membership (1) In general The Advisory Council shall be composed of the following members or their designees: (A) The Secretary of Health and Human Services. (B) The Attorney General. (C) The Secretary of Education. (D) The Secretary of Housing and Urban Development. (E) The Secretary of Veterans Affairs. (F) The Commissioner of the Social Security Administration. (G) The Assistant Secretary for Mental Health and Substance Use. (H) The Director of the Centers for Disease Control and Prevention. (I) The Director of the National Institutes of Health. (J) The Administrator of the Administration for Community Living. (K) The Director of the Office on Violence Against Women. (L) The Director of the Office for Victims of Crime. (M) The chairman of the Board of the Legal Services Corporation. (N) As appropriate, the head of any other Federal department or agency identified by the Secretary of Health and Human Services as having responsibilities, or administering programs, relating to issues affecting victims of gun violence. (2) Additional members In addition to the members described in paragraph (1), the Advisory Council shall be composed of the following: (A) Not fewer than 2 and not more than 5 victims of gun violence, who shall be appointed by the Secretary of Health and Human Services. (B) Not fewer than 2 and not more than 5 victim assistance professionals, who shall be appointed by the Secretary of Health and Human Services. (3) Lead agency The Department of Health and Human Services shall be the lead agency for the Advisory Council. (c) Duties (1) Assessment The Advisory Council shall— (A) survey victims of gun violence and victim assistance professionals about their needs in order to inform the content of information disseminated under paragraph (2) and the report published under paragraph (3); (B) conduct a literature review and assess past or ongoing programs designed to assist victims of gun violence or individuals with similar needs to determine— (i) the effectiveness of the programs; and (ii) best and promising practices for assisting victims of gun violence; and (C) assess the administration of compensation funds established after mass shootings to determine best and promising practices to direct victims of gun violence to sources of funding. (2) Information (A) In general The Advisory Council shall identify, promote, coordinate, and disseminate to the public information, resources, and best and promising practices available to help victims of gun violence— (i) meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (ii) maintain their mental health and emotional well-being; (iii) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (iv) access government programs, services, and benefits for which they may be eligible or to which they may be entitled. (B) Contact information The Advisory Council shall include in the information disseminated under subparagraph (A) the websites and telephone contact information for helplines of relevant Federal agencies, State agencies, and nonprofit organizations. (C) Availability The Advisory Council shall make the information described in subparagraphs (A) and (B) available— (i) online through a public website; and (ii) by submitting a hard copy and making available additional hard copies to— (I) each Member of Congress; (II) each field office of the Social Security Administration; (III) each State agency that is responsible for administering health and human services, for dissemination to medical facilities; (IV) each State agency that is responsible for administering education programs, for dissemination to schools; and (V) the office of each State attorney general, for dissemination to local prosecutor's offices. (3) Report Not later than 180 days after the date of enactment of this Act, the Advisory Council shall— (A) prepare a report that— (i) includes the best and promising practices, resources, and other useful information for victims of gun violence identified under paragraph (2); (ii) identifies any gaps in items described in clause (i); and (iii) if applicable, identifies any additional Federal or State legislative authority necessary to implement the activities described in clause (i) or address the gaps described in clause (ii); (B) submit the report prepared under subparagraph (A) to— (i) the appropriate committees; (ii) each State agency that is responsible for administering health and human services; (iii) each State agency that is responsible for administering education programs; and (iv) the office of each State attorney general; and (C) make the report prepared under subparagraph (A) available to the public online in an accessible format. (4) Follow-up report Not later than 2 years after the date on which the Advisory Council prepares the report under paragraph (3), the Advisory Council shall— (A) submit to the entities described in subparagraph (B) of that paragraph a follow-up report that includes the information identified in subparagraph (A) of that paragraph; and (B) make the follow-up report described in subparagraph (A) available to the public online in an accessible format. (5) Public input (A) In general The Advisory Council shall establish a process to collect public input to inform the development of, and provide updates to, the best and promising practices, resources, and other information described in paragraph (2), including by conducting outreach to entities and individuals described in subparagraph (B) of this paragraph that— (i) have a range of experience with the types of gun violence described in section 3(3); and (ii) include representation from communities disproportionately affected by gun violence. (B) Entities and individuals The entities and individuals described in this subparagraph are— (i) States, local governments, and organizations that provide information to, or support for, victims of gun violence; (ii) victims of gun violence; and (iii) victim assistance professionals. (C) Nature of outreach In conducting outreach under subparagraph (A), the Advisory Council shall ask for input on— (i) information, resources, and best and promising practices available, including identification of any gaps and unmet needs; (ii) recommendations that would help victims of gun violence— (I) better meet their medical, financial, educational, workplace, housing, transportation, assistive technology, and accessibility needs; (II) maintain their mental health and emotional well-being; (III) seek legal redress for their injuries and protection against any ongoing threats to their safety; and (IV) access government programs, services, and benefits for which the victims may be eligible or to which the victims may be entitled; and (iii) any other subject areas discovered during the process that would help victims of gun violence. (d) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council. (e) Funding No additional funds are authorized to be appropriated to carry out this Act. (f) Sunset The Advisory Council shall terminate on the date that is 5 years after the date of establishment of the Advisory Council.

Resources for Victims of Gun Violence Act of 2021

Oral Health for Moms Act This bill expands access to oral health care during pregnancy and the postpartum period. Specifically, Medicaid, the Children's Health Insurance Program (CHIP), and health insurance plans in the individual and small-group markets must provide coverage for oral health services for pregnant and postpartum individuals. The federal government must cover, subject to certain exceptions, the costs of oral health services provided through Medicaid and CHIP, and the Department of Health and Human Services (HHS) must publish measures to assess the quality of oral health services provided through those public insurance programs. In addition, HHS must consult with tribal nations and organizations to improve the oral health of pregnant individuals, postpartum individuals, and infants in tribal populations. The bill also establishes grants and programs for purposes related to maternal oral health, including to promote good oral health practices among, and share information about oral health benefits with, pregnant and postpartum individuals in public insurance programs; to expand access to oral health services through federally qualified health centers; and to train maternal health providers about oral health during the pregnancy and postpartum period. Furthermore, the Medicaid and CHIP Payment and Access Commission must report on issues related to maternal oral health.

117 S560 IS: Oral Health for Moms Act U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 560 IN THE SENATE OF THE UNITED STATES March 3, 2021 Ms. Stabenow Committee on Finance A BILL To improve coverage of maternal oral health care, and for other purposes. 1. Short title This Act may be cited as the Oral Health for Moms Act 2. Requiring coverage of oral health services for pregnant and postpartum individuals (a) In general (1) Medicaid Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (A) in subsection (a)(4)— (i) by striking ; and (D) ; (D) (ii) by inserting ; and (E) beginning January 1, 2022, oral health services for pregnant and postpartum individuals (as defined in subsection (hh)) subsection (hh)) (B) by adding at the end the following new subsection: (hh) Oral health services for pregnant and postpartum individuals (1) In general For purposes of this title, the term oral health services for pregnant and postpartum individuals (2) Coverage requirements To satisfy the requirement to provide oral health services for pregnant and postpartum individuals, a State shall, at a minimum, provide coverage to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions, consistent with recommendations for perinatal oral health care and dental care during pregnancy from the American Academy of Pediatric Dentistry and the American College of Obstetricians and Gynecologists. Such coverage shall include— (A) routine diagnostic and preventive care such as dental cleanings, exams, and X-rays; (B) basic dental services such as fillings and extractions; (C) major dental services such as root canals, crowns, and dentures; (D) emergency dental care; and (E) other necessary services related to dental and oral health (as defined by the Secretary). . (2) Coverage of oral health services for pregnant and postpartum individuals regardless of eligibility pathway Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) (A) by striking and (XVIII) (XVIII) (B) by striking the semicolon at the end and inserting , and (XIX) beginning January 1, 2022, medical assistance shall be made available for oral health services for pregnant and postpartum individuals for any individual who is eligible for and receiving medical assistance under the State plan or under a waiver of such plan during such individual's pregnancy and during the 60-day period beginning on the last day of the pregnancy (or such longer period beginning on the last day of the pregnancy as the State shall elect), notwithstanding any other provision of law (including another provision of this paragraph) limiting such individual's eligibility for medical assistance under such plan or waiver to coverage for a limited type of benefits and services that would not otherwise include coverage of oral health services for pregnant and postpartum individuals; (3) CHIP (A) In general Section 2103(c)(6)(A) of the Social Security Act ( 42 U.S.C. 1397cc(c)(6)(A) and, in the case that the State elects to provide pregnancy-related assistance pursuant to section 2112, the pregnancy-related assistance provided to a targeted low-income pregnant woman targeted low-income child (B) Effective date The amendment made by this section shall take effect on January 1, 2022. (b) Enhanced FMAP; maintenance of effort (1) Medicaid Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (A) in subsection (b), by striking and (ff) (ff), and (ii) (B) by adding at the end the following: (ii) Increased FMAP for additional expenditures for low-Income pregnant people (1) In general Subject to paragraph (2), for calendar quarters beginning on or after January 1, 2022, notwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to the additional amounts expended by such State for medical assistance under the State plan under this title or a waiver of such plan that are attributable to requirements imposed by the amendments made by the Oral Health for Moms Act (2) Maintenance of effort Paragraph (1) shall not apply with respect to a State if, for any calendar quarter during the period beginning with the date of enactment of this subsection and ending with January 1, 2025, the State— (A) has in effect under such plan eligibility standards, methodologies, or procedures (including any enrollment cap or other numerical limitation on enrollment, any waiting list, any procedures designed to delay the consideration of applications for enrollment, or similar limitation with respect to enrollment) for individuals described in subsection (l)(1) who are eligible for medical assistance under the State plan or waiver under subsection (a)(10)(A)(ii)(IX) that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, for such individuals under such plan or waiver that are in effect on the date of the enactment of this subsection; or (B) provides pregnancy-related assistance to targeted low-income pregnant women under the State plan under title XXI (or a waiver of such a plan) at a level that is less than the level at which the State provides such assistance to such women under such plan on the date of the enactment of this subsection. . (2) CHIP Section 2105 of the Social Security Act ( 42 U.S.C. 1397ee (A) in subsection (b), by adding at the end the following: For calendar quarters beginning on or after January 1, 2022, the enhanced FMAP for a State shall, subject to paragraph (2) of subsection (h), be 100 percent with respect to amounts described in paragraph (1) of such subsection. (B) by adding at the end the following new subsection: (h) Increased e (1) Amounts described For purposes of subsection (b), the amounts described in this paragraph are additional amounts expended by a State for pregnancy-related assistance that is provided under the State plan under this title or a waiver of such plan during a calendar quarter beginning on or after January 1, 2022, that are attributable to the provision of dental coverage to targeted low-income pregnant women (as determined by the Secretary). (2) Maintenance of effort The fourth sentence of subsection (b) shall not apply with respect to a State if, for any calendar quarter during the period beginning with the date of enactment of this subsection and ending with January 1, 2025, the State— (A) has in effect under the State plan under title XIX (or a waiver of such a plan) eligibility standards, methodologies, or procedures (including any enrollment cap or other numerical limitation on enrollment, any waiting list, any procedures designed to delay the consideration of applications for enrollment, or similar limitation with respect to enrollment) for individuals described in subsection (l)(1) of section 1902 who are eligible for medical assistance under such State plan or waiver under subsection (a)(10)(A)(ii)(IX) of such section that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, for such individuals under such plan or waiver that are in effect on the date of the enactment of this subsection; or (B) provides pregnancy-related assistance to targeted low-income pregnant women under the State plan under this title (or a waiver of such a plan) at a level that is less than the level at which the State provides such assistance to such women under such plan or waiver on the date of the enactment of this subsection. . (3) Exclusion of amounts attributable to increased FMAP from territorial caps Section 1108 of the Social Security Act ( 42 U.S.C. 1308 (A) in subsection (f), in the matter preceding paragraph (1), by striking subsections (g) and (h) subsections (g), (h), and (i) (B) by adding at the end the following: (i) Exclusion from caps of amounts attributable to increased FMAP for coverage of oral health services for pregnant and postpartum individuals Any payment made to a territory for expenditures on medical assistance that are subject to the Federal medical assistance percentage specified under section 1905(ii) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) to the extent that such payment exceeds the amount of the payment that would have been made to the territory for such expenditures without regard to such section. . (4) Adjustment of CHIP allotments to account for increased eFMAP Section 2104 of the Social Security Act ( 42 U.S.C. 1397dd (A) in subsection (c)— (i) in paragraph (1), by inserting paragraph (5) and subsections (d) and (m)(5) (ii) by adding at the end the following new paragraph: (5) Adjusting allotments to account for increased Federal payments for coverage of dental services for pregnant people If a commonwealth or territory described in paragraph (3) receives payment for a fiscal year under subsection (a) of section 2105 for expenditures that are subject to the enhanced FMAP specified under subsection (h) of such section, the amount of the allotment determined for such commonwealth or territory under this subsection shall be increased by the amount by which— (A) the amount of the payment received by the commonwealth or territory for such expenditures for the fiscal year; exceeds (B) the amount of the payment that the commonwealth or territory would have received for such expenditures for the fiscal year without regard to such subsection (h). ; and (B) in subsection (m)— (i) in paragraph (2)(B), in the matter preceding clause (i), by striking paragraphs (5) and (7) paragraphs (5), (7), and (12) (ii) by adding at the end the following new paragraph: (12) Adjusting allotments to account for increased Federal payments for coverage of dental services for pregnant people If a State receives payment for a fiscal year under subsection (a) of section 2105 for expenditures that are subject to the enhanced FMAP specified under subsection (h) of such section, the amount of the allotment determined for the State and fiscal year under this subsection shall be increased by the amount by which— (A) the amount of the payment received by the State for such expenditures for the fiscal year; exceeds (B) the amount of the payment that the State would have received for such expenditures for the fiscal year without regard to such subsection (h). . 3. Maternal oral health quality measures Title XI of the Social Security Act ( 42 U.S.C. 1301 1139C. Maternal oral health quality measures (a) Development of core set of maternal oral health care quality measures (1) In general The Secretary shall identify and publish a recommended core set of health quality measures for enrolled pregnant individuals in the same manner as the Secretary identifies and publishes a core set of child health quality measures under section 1139A, including with respect to identifying and publishing existing maternal oral health quality measures for such individuals that are in use under public and privately sponsored health care coverage arrangements, or that are part of reporting systems that measure both the presence and duration of health insurance coverage over time, that may be applicable to enrolled pregnant individuals. (2) Alignment with existing core set In identifying and publishing the recommended core set of maternal oral health quality measures required under paragraph (1), the Secretary shall ensure that, to the extent possible, such measures align with and do not duplicate the core set of adult health quality measures identified, published, and revised under section 1139B. (3) Process for maternal oral health quality measures program In identifying gaps in existing maternal oral health quality measures and establishing priorities for the development and advancement of such measures, the Secretary shall consult with— (A) States; (B) health care providers, including physicians in the fields of general obstetrics, maternal-fetal medicine, family medicine, neonatology, and pediatrics; (C) dental professionals; and (D) national organizations with expertise in maternal oral health quality measurement. (4) Definition of enrolled pregnant individual The term enrolled pregnant individual (A) is pregnant or is in the 60-day period beginning on the last day of the individual's pregnancy; and (B) is enrolled for medical assistance, child health assistance, or pregnancy-related assistance (as applicable) under a State plan under title XIX or XXI (or a waiver of such a plan). (b) Deadlines (1) Recommended measures Not later than January 1, 2023, the Secretary shall identify and publish for comment a recommended core set of maternal oral health quality measures that includes the following: (A) Measures of utilization of oral health and dental services during pregnancy across health care settings. (B) Measures that address the availability of oral evaluations during or following medical visits for enrolled pregnant individuals. (C) Measures that address the incidence of emergency department visits for non-traumatic dental conditions during pregnancy. (D) Measures that address the availability of follow-up dental care after emergency department visits for non-traumatic dental conditions during pregnancy. (E) Measures that address the availability of counseling of enrolled pregnant individuals and postpartum individuals aimed at improving the oral health of enrolled pregnant individuals and infants. (F) Measures that address screening and evaluation for caries risk and periodontitis and treatment for caries risk and periodontitis, including the following: (i) The percentage of enrolled pregnant individuals who have caries risk documented in the reporting year involved. (ii) The percentage of enrolled pregnant individuals who received a topical fluoride application or sealants based on an oral health risk assessment demonstrating the need for such application or sealants during the reporting year involved. (iii) The percentage of enrolled pregnant individuals who received a comprehensive or periodic oral evaluation or a comprehensive periodontal evaluation during the reporting year involved. (iv) The percentage of enrolled pregnant individuals with a history of periodontitis who received an oral prophylaxis, scaling or root planing, or periodontal maintenance visit at least 2 times during the reporting year involved. (2) Dissemination Not later than January 1, 2024, the Secretary shall publish an initial core set of maternal oral health quality measures that are applicable to enrolled pregnant individuals. (3) Standardized reporting Not later than January 1, 2025, the Secretary, in consultation with States, shall develop a standardized format for reporting information based on the initial core set of maternal oral health quality measures (stratified by race, ethnicity, primary language, and disability status) and create procedures to encourage States to use such measures to voluntarily report information regarding the quality of oral health care for enrolled pregnant individuals. (4) Reports to Congress Not later than January 1, 2026, and every 3 years thereafter, the Secretary shall include in the report to Congress required under section 1139A(a)(6) information similar to the information required under that section with respect to the measures established under this section. (c) Annual State reports regarding State-Specific maternal oral health quality measures applied under Medicaid or CHIP (1) In general Each State with a plan or waiver approved under title XIX or XXI shall annually report (separately or as part of the annual report required under section 1139A(c)) to the Secretary on— (A) the State-specific maternal oral health quality measures applied by the State under such a plan or waiver, including measures described in subsection (b)(1); (B) the State-specific information on the quality of oral health care furnished to enrolled pregnant individuals under such a plan or waiver, including information collected through external quality reviews of managed care organizations under section 1932 and benchmark plans under section 1937; and (C) the State-specific information regarding the dental benefits available to enrolled pregnant individuals under such a plan or waiver, including any limits on such benefits and the amount of reimbursement provided under such plan or waiver for such benefits. (2) Publication Not later than September 30, 2026, and annually thereafter, the Secretary shall collect, analyze, and make publicly available the information reported by States under paragraph (1). (d) Authorization of appropriations There are authorized to be appropriated $10,000,000 to carry out this section. Funds appropriated under this subsection shall remain available until expended. . 4. Inclusion of oral health services for pregnant and postpartum individuals as an essential health benefit (a) In general Section 1302(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(b) (1) in paragraph (1), by adding at the end the following: (K) Oral health services for pregnant and postpartum individuals. ; and (2) in paragraph (4)(F)— (A) by striking section 1311(b)(2)(B)(ii) section 1311(d)(2)(B)(ii) (B) by inserting or (1)(K) paragraph (1)(J) (b) State Exchange requirements Section 1311(d)(2)(B)(ii) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(d)(2)(B)(ii) or oral health benefits meeting the requirements of section 1302(d)(1)(K) (c) Premium assistance credit amount Section 36B(b)(3)(E) (1) by striking section 1311(d)(2)(B)(ii)(I) section 1311(d)(2)(B)(ii) (2) by striking section 1302(b)(1)(J) subparagraph (J) or (K) of section 1302(b)(1) (d) Conforming amendment Section 2715(b)(3)(B)(i) of the Public Health Service Act ( 42 U.S.C. 300gg–15(b)(3)(B)(i) through (J) through (K) 5. Federally qualified health center grant program (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (in this Act referred to as the Secretary 42 U.S.C. 1395x(aa)(4) (b) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. 6. Maternal oral health care report Not later than 2 years after the date of enactment of this Act, the Medicaid and CHIP Payment and Access Commission shall issue a report on issues related to maternal oral health across the 50 States and the territories, including— (1) the availability of maternal oral health coverage, and enrollment in such coverage; (2) a survey of oral health status among low-income women of childbearing age; (3) barriers to accessing maternal oral health care; (4) innovations and potential solutions to problems of access to maternal oral health care, including innovations that would expand access to such care beyond dental offices; and (5) the impact of the requirement (imposed by the amendments made by section 2) that State Medicaid programs cover oral health services for pregnant and postpartum individuals on providers of maternal health care services, and such recommendations for improving reimbursement rates for such providers as the Commission deems appropriate. 7. Indian Health Service maternal oral health initiative (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and implement, in consultation with Indian tribes and tribal organizations (as those terms are defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 (1) reduce the prevalence and severity of oral disease among pregnant individuals, postpartum individuals, and their infants; (2) improve access to oral health care during pregnancy and the postpartum period; (3) establish a data collection system to monitor prevalence of oral disease and access to care; (4) educate health and dental providers on the importance of oral health care during pregnancy and the postpartum period and build competencies in the delivery of such care; (5) increase rates of patient referral to oral health care by non-dental providers; and (6) establish mechanisms for outreach and education of pregnant individuals and postpartum individuals for the purposes of improving oral health practices and access to care. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. 8. Perinatal oral health outreach and education Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a program, to be implemented by entities that fund or provide maternal health care, oral health care, and maternal and infant support services, to provide— (1) interactive oral health education aimed at promoting good oral health practices for pregnant individuals and postpartum individuals who are eligible for or enrolled in the Medicaid program under title XIX of the Social Security Act or the Children’s Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1396 (2) information on oral health and dental coverage for pregnant individuals, postpartum individuals, and children; and (3) assistance in connecting pregnant individuals, postpartum individuals, and children to oral health care. 9. Maternal oral health training (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration, shall establish a grant program under which the Secretary shall award grants to eligible entities for the purpose of— (1) integrating oral health care into maternal health care settings; (2) improving oral health outcomes during pregnancy and the postpartum period; (3) developing core competencies in oral health among maternal health providers, including obstetrician-gynecologists and certified nurse-midwives, and non-clinical perinatal health workers, including community health workers and doulas; and (4) improving access to oral health care during pregnancy and closing referral gaps. (b) Eligible entities The Secretary may make grants under this section to, or enter into contracts with State health departments or other State health agencies, academic institutions, schools of medicine or dentistry, nonprofit hospitals, nonprofit accredited birth centers, or public or private nonprofit entities which the Secretary has determined are capable of carrying out such a grant or contract to— (1) plan, develop, and provide training of maternal health providers to establish core competencies in oral health during pregnancy and the postpartum period; (2) provide information to maternal health providers, including information on periodontal disease, dental caries, oral health screening and risk assessment, beneficial oral health practices for pregnant individuals and infants; and (3) provide tools and resources aimed at facilitating the integration of oral health care and referral to dental care into maternity care settings. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.

Oral Health for Moms Act

Ensuring Timely Access to Generics Act of 2021 This bill imposes requirements related to third-party petitions concerning an application for Food and Drug Administration (FDA) approval to market a generic drug or biosimilar. (The current statute refers to these petitions as citizen petitions, which typically involve requests that the FDA take certain actions, such as requiring additional warnings on a drug.) Under the bill, the FDA may deny a citizen petition that (1) was submitted primarily to delay the approval of the relevant application, or (2) does not on its face raise valid scientific or regulatory issues. Currently, the FDA may deny a petition as an attempt at delay only if the petition meets both of these requirements. The bill also requires the FDA to establish procedures for referring such a delaying petition to the Federal Trade Commission. The bill also expressly requires a third party, before filing a lawsuit to force the FDA to set aside or prevent market approval of a generic drug or biosimilar, to first file a citizen petition with the information and arguments that form the basis of the lawsuit. A citizen petition must be filed within 60 days of when the filer knew or reasonably should have known the information that forms the basis of the petition.

117 S562 IS: Ensuring Timely Access to Generics Act of 2021 U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 562 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mrs. Shaheen Mr. Cassidy Mr. Bennet Mr. Rubio Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions. 1. Short title This Act may be cited as the Ensuring Timely Access to Generics Act of 2021 2. Ensuring timely access to generics Section 505(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(q) (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting , 10.31, 10.30 (B) in subparagraph (E)— (i) by striking application and application or (ii) by striking If the Secretary (i) In general If the Secretary ; and (iii) by striking the second sentence and inserting the following: (ii) Primary purpose of delaying (I) In general In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors: (aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew or reasonably should have known the relevant information relied upon to form the basis of such petition. (bb) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions. (cc) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved. (dd) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition. (ee) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time. (ff) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner’s version of the same drug. (gg) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay. (hh) Other relevant and appropriate factors, which the Secretary shall describe in guidance. (II) Guidance The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I). ; (C) by adding at the end the following: (iii) Referral to the Federal Trade Commission The Secretary shall establish procedures for referring to the Federal Trade Commission any petition or supplement to a petition that the Secretary determines was submitted with the primary purpose of delaying approval of an application. Such procedures shall include notification to the petitioner by the Secretary. ; (D) by striking subparagraph (F); (E) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and (F) in subparagraph (H), as so redesignated, by striking submission of this petition submission of this document (2) in paragraph (2)— (A) by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively; (B) by inserting before subparagraph (C), as so redesignated, the following: (A) In general A person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence. (B) Timely submission of citizen petition A petition and any supplement to a petition shall be submitted within 60 days after the person knew, or reasonably should have known, the information that forms the basis of the request made in the petition or supplement. ; (C) in subparagraph (C), as so redesignated— (i) in the heading, by striking within 150 days (ii) in clause (i), by striking during the 150-day period referred to in paragraph (1)(F), (iii) by amending clause (ii) to read as follows: (ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision. ; (D) by amending subparagraph (D), as so redesignated, to read as follows: (D) Dismissal of certain civil actions (i) Petition If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. (ii) Timeliness If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition. (iii) Final response If a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. ; and (E) in clause (iii) of subparagraph (E), as so redesignated, by striking as defined under subparagraph (2)(A) within the meaning of subparagraph (C) (3) in paragraph (4)— (A) by striking Exceptions This subsection does Exceptions.— (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly.

Ensuring Timely Access to Generics Act of 2021

Fair Access to Banking Act This bill restricts certain banks, credit unions, and payment card networks from refusing to do business with a person who is in compliance with the law. Restrictions include prohibiting the use of certain lending programs, initiating the process of terminating an institution's depository insurance, and instituting specified civil penalties.

117 S563 IS: Fair Access to Banking Act U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 563 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Cramer Mrs. Blackburn Mr. Daines Mr. Kennedy Ms. Lummis Mr. Scott of Florida Mr. Tillis Mr. Inhofe Mr. Hoeven Mr. Tuberville Mr. Barrasso Mr. Cruz Mr. Cassidy Mrs. Capito Mr. Cornyn Mr. Cotton Mr. Scott of South Carolina Mr. Sullivan Mr. Hawley Mr. Lankford Mr. Braun Mr. Risch Mr. Marshall Mr. Wicker Mrs. Hyde-Smith Mr. Crapo Mrs. Fischer Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Reserve Act to prohibit certain financial service providers who deny fair access to financial services from using taxpayer funded discount window lending programs, and for other purposes. 1. Short title This Act may be cited as the Fair Access to Banking Act 2. Findings Congress finds that— (1) article I of the Constitution of the United States guarantees the people of the United States the right to enact public policy through the free and fair election of representatives and through the actions of State legislatures and Congress; (2) banks rightly objected to the Operation Choke Point initiative through which certain government agencies pressured banks to cut off access to financial services to lawful sectors of the economy; (3) banks are now, however, increasingly employing subjective, category-based evaluations to deny certain persons access to financial services in response to pressure from advocates from across the political spectrum whose policy objectives are served when banks deny certain customers access to financial services; (4) the privatization of the discriminatory practices underlying Operation Choke Point by banks represents as great a threat to the national economy, national security, and the soundness of banking and financial markets in the United States as Operation Choke Point itself; (5) banks are supported by the United States taxpayers and enjoy significant privileges in the financial system of the United States and should not be permitted to act as de facto regulators or unelected legislators by withholding financial services to otherwise credit worthy businesses based on subjective political reasons, bias or prejudices; (6) banks are not well-equipped to balance risks unrelated to financial exposures and the operations required to deliver financial services; (7) the United States taxpayers came to the aid for large banks during the great recession of 2008 because they were deemed too important to the national economy to be permitted to fail; (8) when a bank predicates the access to financial services of a person on factors or information (such as the lawful products a customer manufactures or sells or the services the customer provides) other than quantitative, impartial risk-based standards, the bank has failed to act consistent with basic principles of sound risk management and failed to provide fair access to financial services; (9) banks have a responsibility to make decisions about whether to provide a person with financial services on the basis of impartial criteria free from prejudice or favoritism; (10) while fair access to financial services does not obligate a bank to offer any particular financial service to the public, or to operate in any particular geographic area, or to provide a service the bank offers to any particular person, it is necessary that— (A) the financial services a bank chooses to offer in the geographic areas in which the bank operates be made available to all customers based on the quantitative, impartial risk-based standards of the bank, and not based on whether the customer is in a particular category of customers; (B) banks assess the risks posed by individual customers on a case-by-case basis, rather than category-based assessment; and (C) banks implement controls to manage relationships commensurate with these risks associated with each customer, not a strategy of total avoidance of particular industries or categories of customers; (11) banks are free to provide or deny financial services to any individual customer, but first, the banks must rely on empirical data that are evaluated consistent with the established, impartial risk-management standards of the bank; and (12) anything less is not prudent risk management and may result in unsafe or unsound practices, denial of fair access to financial services, cancelling, or eliminating certain businesses in society, and have a deleterious effect on national security and the national economy. 3. Purpose The purposes of this Act are to— (1) ensure fair access to financial services and fair treatment of customers by financial service providers, including national and state banks, Federal savings associations and State and Federal credit unions; (2) ensure banks conduct themselves in a safe and sound manner, comply with laws and regulations, treat their customers fairly, and provide fair access to financial services; (3) protect against banks being able to impede otherwise lawful commerce and thereby achieve certain public policy goals; (4) ensure that persons involved in politically unpopular businesses but that are lawful under Federal law receive fair access to financial services under the law; and (5) ensure banks operate in a safe and sound manner by making judgments and decisions about whether to provide a customer with financial services on an impartial, individualized risk-based analysis using empirical data evaluated under quantifiable standards. 4. Advances to individual member banks (a) Member banks Section 10B of the Federal Reserve Act ( 12 U.S.C. 347b (c) Prohibition on use of discount window lending programs No member bank with more than $10,000,000,000 in total consolidated assets, or subsidiary of the member bank, may use a discount window lending program if the member bank or subsidiary refuses to do business with any person who is in compliance with the law, including section 8 of the Fair Access to Banking Act . (b) Insured depository institutions Section 8(a)(2)(A) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(a)(2)(A) (1) in clause (ii), by striking or (2) in clause (iii), by striking the comma at the end and inserting ; or (3) by adding at the end the following: (iv) an insured depository institution with more than $10,000,000,000 in total consolidated assets, or subsidiary of the insured depository institution, that refuses to do business with any person who is in compliance with the law, including section 8 of the Fair Access to Banking Act . (c) Nonmember banks, trust companies, and other depository institutions Section 13 of the Federal Reserve Act ( 12 U.S.C. 342 Provided further, That no such nonmember bank or trust company or other depository institution with more than $10,000,000,000 in total consolidated assets, or subsidiary of such nonmember bank or trust company or other depository institution, may refuse to do business with any person who is in compliance with the law, including , including section 8 of the Fair Access to Banking Act appropriate: 5. Payment card network (a) Definition In this section, the term payment card network 15 U.S.C. 1693o–2(c) (b) Prohibition No payment card network, including a subsidiary of a payment card network, may, directly or through any agent, processor, or licensed member of the network, by contract, requirement, condition, penalty, or otherwise, prohibit or inhibit the ability of any person who is in compliance with the law, including section 8 of this Act, to obtain access to services or products of the payment card network because of political or reputational risk considerations. (c) Civil penalty Any payment card network that violates subsection (b) shall be assessed a civil penalty by the Comptroller of the Currency of not more than 10 percent of the value of the services or products described in that subsection, not to exceed $10,000 per violation. 6. Credit unions Section 206(b)(1) of the Federal Credit Union Act ( 12 U.S.C. 1786 or is refusing or has refused, or has a subsidiary that is refusing or has refused, to do business with any person who is in compliance with the law, including section 8 of the Fair Access to Banking Act as an insured credit union, 7. Use of automated clearing house network (a) Definitions In this section: (1) Covered credit union The term covered credit union (A) any insured credit union, as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 (B) any credit union that is eligible to make application to become an insured credit union under section 201 of the Federal Credit Union Act ( 12 U.S.C. 1781 (2) Member bank The term member bank 12 U.S.C. 221 (b) Prohibition No covered credit union, member bank, or State-chartered non-member bank with more than $10,000,000,000 in total consolidated assets, or a subsidiary of the covered credit union, member bank, or State-chartered non-member bank, may use the Automated Clearing House Network if that member bank, credit union, or subsidiary of the member bank or credit union, refuses to do business with any person who is in compliance with the law, including section 8 of this Act. 8. Fair access to financial services (a) Definitions In this section: (1) Bank The term bank (A) means an entity for which the Office of the Comptroller of the Currency is the appropriate Federal banking agency, as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (B) includes— (i) member banks; (ii) non-member banks; (iii) covered credit unions; (iv) State-chartered non-member banks; and (v) trust companies. (2) Covered bank (A) In general The term covered bank (i) raise the price a person has to pay to obtain an offered financial service from the bank or from a competitor; or (ii) significantly impede a person, or the business activities of a person, in favor of or to the advantage of another person. (B) Presumption (i) In general A bank shall not be presumed to be a covered bank if the bank has less than $10,000,000,000 in total assets. (ii) Rebuttable presumption (I) In general A bank is presumed to be a covered bank if the bank has $10,000,000,000 or more in total assets. (II) Rebuttal A bank that meets the criteria under subclause (I) can seek to rebut this presumption by submitting to the Office of the Comptroller of the Currency written materials that, in the judgement of the agency, demonstrate the bank does not meet the definition of covered bank. (3) Covered credit union The term covered credit union (A) any insured credit union, as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 (B) any credit union that is eligible to make application to become an insured credit union under section 201 of the Federal Credit Union Act ( 12 U.S.C. 1781 (4) Deny The term deny (5) Fair access to financial services The term fair access to financial services (6) Financial service The term financial service (A) commercial and merchant banking; (B) lending; (C) financing; (D) leasing; (E) cash, asset and investment management and advisory services; (F) credit card services; (G) payment processing; (H) security and foreign exchange trading and brokerage services; and (I) insurance products. (7) Member bank The term member bank 12 U.S.C. 221 (8) Person The term person (A) means— (i) any natural person; or (ii) any partnership, corporation, or other business or legal entity; and (B) includes a customer. (b) Requirements (1) In general To provide fair access to financial services, a covered bank, including a subsidiary of a covered bank, shall, except as necessary to comply with another provision of law— (A) make each financial service it offers available to all persons in the geographic market served by the covered bank on proportionally equal terms; (B) not deny any person a financial service the covered bank offers unless the denial is justified by such quantified and documented failure of the person to meet quantitative, impartial risk-based standards established in advance by the covered bank; (C) not deny, in coordination with or at the request of others, any person a financial service the covered bank offers; and (D) when denying any person financial services the covered bank offers, to provide written justification to the person explaining the basis for the denial, including any specific laws or regulations the covered bank believes are being violated by the person or customer, if any. (2) Justification requirement A justification described in paragraph (1)(D) may not be based solely on the reputational risk to the depository institution. (c) Cause of action for violations of this section (1) In general Notwithstanding any other provision of law, a person may commence a civil action in the appropriate district court of the United States against any covered bank or covered credit union that violates or fails to comply with the requirements under this Act, for harm that person suffered as a result of such violation. (2) No exhaustion It shall not be necessary for a person to exhaust its administrative remedies before commencing a civil action under this Act. (3) Damages If a person prevails in a civil action under this Act, a court shall award the person— (A) reasonable attorney’s fees and costs; and (B) treble damages.

Fair Access to Banking Act

Mark Takai Atomic Veterans Healthcare Parity Act of 2021 This bill includes veterans who participated in the cleanup of Enewetak Atoll in the Marshall Islands between January 1, 1977, and December 31, 1980, as radiation-exposed veterans for purposes of the Department of Veterans Affairs presumption of service-connection for specified cancers. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded.

117 S565 IS: Mark Takai Atomic Veterans Healthcare Parity Act of 2021 U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 565 IN THE SENATE OF THE UNITED STATES March 3, 2021 Ms. Smith Mr. Tillis Mr. Leahy Ms. Hirono Ms. Klobuchar Mr. King Ms. Warren Mr. Wyden Mr. Van Hollen Mr. Coons Mr. Merkley Mr. Markey Ms. Sinema Mr. Blumenthal Ms. Collins Ms. Baldwin Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to provide for the treatment of veterans who participated in the cleanup of Enewetak Atoll as radiation-exposed veterans for purposes of the presumption of service-connection of certain disabilities by the Secretary of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Mark Takai Atomic Veterans Healthcare Parity Act of 2021 2. Treatment of veterans who participated in cleanup of Enewetak Atoll as radiation-exposed veterans for purposes of presumption of service-connection of certain disabilities by Department of Veterans Affairs Section 1112(c)(3)(B) of title 38, United States Code, is amended by adding at the end the following new clause: (v) Cleanup of Enewetak Atoll during the period beginning on January 1, 1977, and ending on December 31, 1980. .

Mark Takai Atomic Veterans Healthcare Parity Act of 2021

This bill provides for conservation or transfer of land in Nevada. Specifically, the bill transfers approximately 41,055 acres of land to be held in trust for the Moapa Band of Paiutes of the Moapa River Indian Reservation; adjusts the boundary of the Red Rock National Conservation Area to include additional lands; adjusts the boundary of the Rainbow Gardens Area of Critical Environmental Concern to exclude certain land; conveys, upon request, certain federal land to a governmental entity in Clark County for any public purpose; revokes the Ivanpah Area of Critical Environmental Concern; establishes specified special management areas for conservation purposes; designates the peak of Frenchman Mountain as the Maude Frazier Mountain; makes certain funds available for capital improvements in the Tule Springs Fossil Bed National Monument and for implementation of sustainability and climate initiatives in Clark County; designates additional lands in Nevada as components of the National Wilderness Preservation System; requires land conveyances to local governments in Nevada for specified public purposes; makes certain funds available to the city of Mesquite for implementation of a watershed plan for the Lower Virgin River; expands, and expands eligible uses of, the limited transition area located in the city of Henderson; establishes off-highway vehicle recreation areas; conveys to a public water agency in Clark County, upon request, federal land for the construction and operation of critical water conveyance infrastructure for communities serviced by that agency; and requires completion of the construction of the six erosion control weirs on the lower Las Vegas Wash within the Lake Mead National Recreation Area.

117 S567 IS: Southern Nevada Economic Development and Conservation Act U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 567 IN THE SENATE OF THE UNITED STATES March 3, 2021 Ms. Cortez Masto Ms. Rosen Committee on Energy and Natural Resources A BILL To provide for conservation and economic development in the State of Nevada, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Southern Nevada Economic Development and Conservation Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Moapa Valley Tribal empowerment and economic development Sec. 101. Transfer of land to be held in trust for the Moapa Band of Paiutes. Sec. 102. Tribal fee land to be held in trust. TITLE II—Clark County, Nevada Sec. 201. Definition of public park under the Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002. Sec. 202. Boundary adjustment to the Red Rock Canyon National Conservation Area. Sec. 203. Boundary adjustment to the Rainbow Gardens Area of Critical Environmental Concern. Sec. 204. Land disposal and public purpose conveyances. Sec. 205. Revocation of Ivanpah Area of Critical Environmental Concern and establishment of special management areas. Sec. 206. Relationship to the Clark County Multiple Species Habitat Conservation Plan. Sec. 207. Designation of Maude Frazier Mountain. Sec. 208. Availability of special account. Sec. 209. Nevada Cancer Institute land conveyance. TITLE III—Wilderness Sec. 301. Additions to the National Wilderness Preservation System. TITLE IV—Local government conveyances in the State of Nevada for public purposes Sec. 401. City of Boulder City, Nevada, conveyance. Sec. 402. City of Mesquite, Nevada, conveyance for the protection of the Virgin River watershed. Sec. 403. Clark County, Nevada, conveyance to support public safety and wildfire response. Sec. 404. Moapa Valley Water District, Nevada, conveyance to support access to rural water supply. Sec. 405. City of North Las Vegas, Nevada, conveyance for fire training facility. TITLE V—Implementation of Lower Virgin River watershed plan Sec. 501. Implementation of Lower Virgin River watershed plan. TITLE VI—Southern Nevada Limited Transition Area Sec. 601. Southern Nevada Limited Transition Area. TITLE VII—Miscellaneous provisions Sec. 701. Off-highway vehicle recreation areas. Sec. 702. Water infrastructure conveyances for public purposes. Sec. 703. Lower Las Vegas Wash weirs. Sec. 704. Critical flood control facilities. Sec. 705. Maximizing education benefits. Sec. 706. Jurisdiction over fish and wildlife. 2. Definitions In this Act: (1) County The term County (2) Federal incidental take permit The term Federal incidental take permit 16 U.S.C. 1539(a)(1)(B) (A) the Nevada Department of Transportation; (B) the County; or (C) any of the following cities in the State: (i) Las Vegas. (ii) North Las Vegas. (iii) Henderson. (iv) Boulder City. (v) Mesquite. (3) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (4) Regional governmental entity; special account; unit of local government The terms regional governmental entity special account unit of local government Public Law 105–263 (5) Secretary The term Secretary (6) State The term State (7) Tribe The term Tribe I Moapa Valley Tribal empowerment and economic development 101. Transfer of land to be held in trust for the Moapa Band of Paiutes (a) In general Subject to valid existing rights, including rights-of-way for construction, maintenance, and operation of the Moapa Valley Water District facilities, as depicted on the map entitled Moapa Valley Water District–Facilities and Land Conveyances (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Description of land The land referred to in subsection (a) is the approximately 41,055 acres of land administered by the Bureau of Land Management and the Bureau of Reclamation, as generally depicted on the map entitled Southern Nevada Land Management (c) Survey Not later than 60 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (d) Gaming Land taken into trust under this section shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 (e) Water rights (1) In general There shall not be Federal reserved rights to surface water or groundwater for any land taken into trust by the United States for the benefit of the Tribe under subsection (a). (2) State water rights The Tribe shall retain any right or claim to water under State law for any land taken into trust by the United States for the benefit of the Tribe under subsection (a). 102. Tribal fee land to be held in trust (a) In general All right, title, and interest of the Tribe in and to the land described in subsection (b) shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Description of land The land referred to in subsection (a) is the approximately 200 acres of land held in fee by the Tribe as generally depicted on the map entitled General Land Status, Moapa Band of Paiutes (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). II Clark County, Nevada 201. Definition of public park under the Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002 Section 102 of the Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002 ( 16 U.S.C. 460ccc–4 Public Law 107–282 (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: (1) Associated supportive use The term associated supportive use ; and (3) by inserting after paragraph (2) (as so redesignated) the following: (3) Public park The term public park . 202. Boundary adjustment to the Red Rock Canyon National Conservation Area Section 3(a) of the Red Rock Canyon National Conservation Area Establishment Act of 1990 ( 16 U.S.C. 460ccc–1(a) (2) The conservation area shall consist of approximately 246,990 acres of land, as generally depicted on the map entitled Southern Nevada Land Management . 203. Boundary adjustment to the Rainbow Gardens Area of Critical Environmental Concern (a) In general The boundary of the Rainbow Gardens Area of Critical Environmental Concern, as amended under the Las Vegas Resource Management Plan of 1998, is modified to exclude approximately 390 acres of land, as generally depicted on the map entitled Rainbow Gardens ACEC Boundary Adjustment (b) Availability of map The map described in subsection (a) shall be on file and available for inspection in the appropriate offices of the Bureau of Land Management. 204. Land disposal and public purpose conveyances (a) Land disposal (1) In general Section 4(a) of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 September 17, 2012 November 23, 2020 (2) Mineral interests The following shall not constitute the unauthorized use of sand or gravel for purposes of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 Public Law 107–282 (A) The movement of common varieties of sand and gravel on a surface estate acquired under the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 Public Law 107–282 (B) The disposal of sand or gravel described in subparagraph (A) at an off-site landfill. (b) Public purpose conveyances (1) Definitions In this subsection: (A) Eligible entity The term eligible entity (B) Federal land The term Federal land (i) that is leased, patented, authorized as a right-of-way, or otherwise approved for use pursuant to the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 43 U.S.C. 1701 42 U.S.C. 4321 (ii) on which a permanent public facility has been or may be constructed; and (iii) that is not— (I) under the jurisdiction of the National Park Service or the Department of Defense; or (II) managed as— (aa) a unit of the National Wildlife Refuge System; (bb) a component of the National Wilderness Preservation System; or (cc) a component of the National Landscape Conservation System. (2) Authorization for conveyance Subject to valid existing rights and paragraph (4), on request by an eligible entity for the conveyance of a parcel of Federal land, the Secretary shall convey to the eligible entity by quitclaim deed, without consideration, terms, conditions, reservations, or stipulations, all right, title, and interest of the United States in and to the parcel of Federal land for any public purpose. (3) Map and legal description (A) In general Not later than 180 days after the date of a request by an eligible entity for a conveyance of Federal land under paragraph (2), the Secretary shall file a map and legal description of the parcel of Federal land to be conveyed under that paragraph. (B) Effect; availability Each map and legal description filed under subparagraph (A) shall— (i) have the same force and effect as if included in this Act; and (ii) be on file and available for public inspection in the Las Vegas Field Office of the Bureau of Land Management. (C) Errors The Secretary may correct any minor error in a map or legal description filed under subparagraph (A). (4) Reversion (A) In general As a condition of a conveyance under paragraph (2) and except as provided in subparagraph (B), the Secretary shall require that, if the parcel of the Federal land conveyed under that paragraph is no longer used for any public purpose for which the Federal land was conveyed, all right, title, and interest in and to the parcel of Federal land shall— (i) revert to the United States; or (ii) on authorization by the Secretary, be disposed of by the eligible entity through a sale, lease, or other conveyance, in accordance with subparagraph (C). (B) Exception The removal of sediment or minerals from a stormwater detention basin or from a parcel of Federal land conveyed under paragraph (2) shall be considered to be an authorized use. (C) Requirements for sale, lease, or other conveyance (i) Fair market value The sale, lease, or other conveyance of a parcel of Federal land by an eligible entity under subparagraph (A)(ii) shall be for fair market value. (ii) Disposition of proceeds Any gross proceeds received by an eligible entity from the sale, lease, or other conveyance of a parcel of Federal land under subparagraph (A)(ii) shall be deposited in the special account. (D) Responsibility for remediation If a parcel of Federal land reverts to the Secretary under subparagraph (A) and the Secretary determines that the Federal land is contaminated with hazardous waste, the eligible entity to which the Federal land was conveyed shall be responsible for remediation of the contamination of the parcel of Federal land. (5) Applicable law Any lease, patent, or real estate transaction for Federal land conveyed under paragraph (2) is affirmed and validated as having been completed pursuant to, and in compliance with, the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 43 U.S.C. 1701 42 U.S.C. 4321 (6) Payment of costs The Secretary shall pay for any administrative and real estate transfer costs incurred in carrying out the conveyances of Federal land under paragraph (2) using amounts from the special account. (c) Use of public-Private partnerships by units of local government for affordable housing (1) Definitions In this subsection: (A) Affordable housing The term affordable housing (i) in the case of homes for sale, homes that retain affordability for future buyers through the use of perpetual resale or deed restrictions; and (ii) a manufactured home community, if the manufactured home community is managed by— (I) a nonprofit organization; or (II) a resident-owned cooperative. (B) Covered land The term covered land (i) acquired or conveyed by a unit of local government before, on, or after the date of enactment of this Act for public purposes; and (ii) subject to reversion to the United States if the acquired or conveyed Federal land is no longer used for public purposes. (2) Use of covered land (A) In general Any covered land may be developed, financed, used, and maintained for public purposes, including affordable housing, by any entity operating in the County that has entered into a contract with the applicable unit of local government providing for the use of the covered land by the entity. (B) Exemption from notice of realty action requirement If an entity seeks to use covered land for affordable housing purposes under subparagraph (A), the entity— (i) shall not be required to comply with notice of realty action requirements with respect to the covered land; but (ii) before using the covered land for affordable housing purposes, shall provide, for a period of not less than 14 days, adequate public notice of the use of the covered land. (C) Reversion If covered land that is used for affordable housing purposes under subparagraph (A) ceases to be used for affordable housing or any other public purpose, all right, title, and interest in and to the covered land shall, at the discretion of the Secretary, revert to the United States. (3) Acquisition of covered land for affordable housing purposes On submission of an application to the Secretary by a unit of local government for the conveyance to the unit of local government of covered land for affordable housing purposes as authorized under section 7(b) of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 205. Revocation of Ivanpah Area of Critical Environmental Concern and establishment of special management areas (a) Revocation of Ivanpah Area of Critical Environmental Concern The designation by the Bureau of Land Management of the Ivanpah Area of Critical Environmental Concern in the State dated February 14, 2014, is revoked. (b) Establishment of special management areas The following areas in the County are designated as special management areas: (1) Stump springs special management area Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 141,786 acres, as generally depicted on the map entitled Southern Nevada Land Management Stump Springs Special Management Area (2) Bird springs valley special management area Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 39,282 acres, as generally depicted on the map entitled Southern Nevada Land Management Bird Springs Valley Special Management Area (3) Desert tortoise protective corridor special management area Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 42,974 acres, as generally depicted on the map entitled Southern Nevada Land Management Desert Tortoise Protective Corridor Special Management Area (4) Jean lake special management area Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 2,669 acres, as generally depicted on the map entitled Southern Nevada Land Management Jean Lake Special Management Area (5) Gale hills special management area Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 16,411 acres, as generally depicted on the map entitled Southern Nevada Land Management Gale Hills Special Management Area (6) California wash special management area Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 8,203 acres, as generally depicted on the map entitled Southern Nevada Land Management California Wash Special Management Area (7) Bitter springs special management area Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 61,711 acres, as generally depicted on the map entitled Southern Nevada Land Management Bitter Springs Special Management Area (8) Muddy mountains special management area Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 32,250 acres, as generally depicted on the map entitled Southern Nevada Land Management Muddy Mountains Special Management Area (9) Mesa milkvetch special management area Certain Federal land in the County administered by the Bureau of Land Management, comprising approximately 8,430 acres, as generally depicted on the map entitled Southern Nevada Land Management Mesa Milkvetch Special Management Area (c) Purposes The purposes of a special management area designated by subsection (b) (referred to in this section as a Special Management Area (1) to provide for the conservation and recovery of the diversity of natural habitats and native species of plants and animals in the County covered by the Clark County Multiple Species Habitat Conservation Plan (including any amendments to the plan); and (2) to mitigate the impacts of— (A) any amendment to the applicable Federal incidental take permit, as required by sections 17.22(b)(1) and 17.32(b)(1) of title 50, Code of Federal Regulations (or successor regulations); and (B) any amendments to the Clark County Multiple Species Habitat Conservation Plan under section 206. (d) Management of special management areas (1) In general The Secretary shall manage each Special Management Area— (A) in a manner that conserves, protects, and enhances the purposes for which the Special Management Area is established; and (B) in accordance with— (i) this section; (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (iii) any other applicable law. (2) Uses The Secretary shall allow only uses of a Special Management Area that are consistent with the purposes for which the Special Management Area is established. (3) Motorized vehicles; new roads (A) Motorized vehicles Except as needed for emergency response or administrative purposes, the use of motorized vehicles in the Special Management Areas shall be permitted only on roads and motorized routes designated for the use of motorized vehicles in the management plan developed under subsection (i)(1)(A). (B) New roads No new permanent or temporary roads or other motorized vehicle routes shall be constructed within the Special Management Areas after the date of enactment of this Act. (e) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description of each Special Management Area. (2) Effect A map or legal description filed under paragraph (1) shall have the same force and effect as if included in this Act. (3) Corrections The Secretary may correct minor errors in a map or legal description filed under paragraph (1), if, before making a proposed correction, the Secretary submits to the County the proposed correction for review and approval. (4) Public availability A copy of each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the Las Vegas Field Office of the Bureau of Land Management. (f) Incorporation of acquired land and interests Any land or interest in land that is acquired by the United States within a Special Management Area shall— (1) become part of the Special Management Area in which the acquired land or interest in land is located; (2) be withdrawn in accordance with subsection (g); and (3) be managed in accordance with— (A) this section; (B) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (C) any other applicable law (including regulations). (g) Withdrawal Subject to valid existing rights, and to rights-of-way for construction, maintenance, and operation of the Moapa Valley Water District facilities depicted on the map entitled Moapa Valley Water District–Facilities and Land Conveyances (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (h) Cooperative management agreement Not later than 1 year after the date of enactment of this Act, the Secretary shall enter into a cooperative management agreement with the County that provides for the joint management of the Special Management Areas by the Secretary and the County, in accordance with— (1) this section; (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (3) any other applicable Federal law. (i) Management plan (1) In general As soon as practicable, but not later than 1 year, after the date on which the County is issued an amended Federal incidental take permit in accordance with section 206, the Secretary and the County shall— (A) develop a comprehensive cooperative management plan for the long-term protection and management of the Special Management Areas; and (B) amend the 1998 Las Vegas Resource Management Plan to incorporate the provisions of the management plan for the Special Management Areas developed under subparagraph (A). (2) Interim management During the period beginning on the date of enactment of this Act and ending on the date on which the management plan developed under paragraph (1)(A) and the amendment to the 1998 Las Vegas Resource Management Plan required under paragraph (1)(B) take effect, the Secretary shall not authorize the use of the Federal land described in subsection (b) for any activity contrary to the purposes described in subsection (c), including— (A) disposal; (B) rights-of-way; (C) leases, including utility-scale solar energy facilities; (D) livestock grazing; (E) infrastructure development; and (F) mineral entry. (j) Transportation and utility corridors (1) In general Consistent with this subsection, the management plan for the Special Management Areas developed under subsection (i)(1)(A) shall establish provisions, including avoidance, minimization, and mitigation measures, for ongoing maintenance of public utility and other rights-of-way in existing designated transportation and utility corridors within a Special Management Area. (2) Effect Nothing in this section— (A) affects the existence, use, operation, maintenance, repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation improvement funding, removal, or replacement of any utility facility or appurtenant right-of-way within an existing designated transportation and utility corridor within a Special Management Area; (B) precludes the Secretary from authorizing the establishment of a new utility facility right-of-way within an existing designated transportation and utility corridor within a Special Management Area— (i) in accordance with— (I) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (II) any other applicable law; and (ii) subject to such terms and conditions as the Secretary determines to be appropriate; or (C) prohibits access to, or the repair or replacement of, a transmission line within a right-of-way grant within a Special Management Area issued before the date of enactment of this Act. (k) Effect Nothing in this section prevents or interferes with— (1) the construction or operation of the Ivanpah Valley Airport authorized under the Ivanpah Valley Airport Public Lands Transfer Act ( Public Law 106–362 (2) the Airport Environs Overlay District authorized under section 501(c) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 ( Public Law 107–282 Buck Public Law 113–291 206. Relationship to the Clark County Multiple Species Habitat Conservation Plan (a) Extension of habitat conservation plan On receipt from the County of a complete application for an amendment to the applicable Federal incidental take permit, as required by sections 17.22(b)(1) and 17.32(b)(1) of title 50, Code of Federal Regulations (or successor regulations), and an amended Clark County Multiple Species Habitat Conservation Plan which incorporates the Special Management Areas established by section 205(b) and the provisions of the management plan required under section 205(i)(1)(A), the Secretary shall, in accordance with this Act, the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 16 U.S.C. 1531 (1) credit approximately 353,716 acres of the land conserved and designated as Special Management Areas under section 205(b), as depicted on the map entitled Southern Nevada Land Management (2) extend the Clark County Multiple Species Habitat Conservation Plan and Federal incidental take permit for the maximum authorized duration, as determined by the Secretary. (b) Federal permit issuance criteria Before amending the Clark County Multiple Species Habitat Conservation Plan and extending the Federal incidental take permit under subsection (a), the Secretary shall ensure that the Federal incidental take permit issuance criteria required in sections 17.22(b)(2), 17.32(b)(2), and 222.307(c)(2) of title 50, Code of Federal Regulations (or successor regulations), are met. (c) Effect Nothing in this Act otherwise limits, alters, modifies, or amends the Clark County Multiple Species Habitat Conservation Plan. 207. Designation of Maude Frazier Mountain (a) In general The peak of Frenchman Mountain in the State located at latitude 36°10′45″ N, by longitude 114°59′52″ W, shall be designated as Maude Frazier Mountain (b) References Any reference in a law, map, regulation, document, record, or other paper of the United States to the peak described in subsection (a) shall be considered to be a reference to Maude Frazier Mountain 208. Availability of special account Section 4(e)(3)(A) of the Southern Nevada Public Land Management Act of 1998 ( Public Law 105–263 (1) in clause (ii), by striking the Great Basin National Park, and other areas the Great Basin National Park, the Tule Springs Fossil Bed National Monument, and other areas (2) in clause (x), by striking and (3) by redesignating clause (xi) as clause (xii); and (4) by inserting after clause (x) the following: (xi) development and implementation of sustainability and climate initiatives in Clark County, Nevada, in accordance with a cooperative agreement with a unit of local government or regional governmental entity; and . 209. Nevada Cancer Institute land conveyance Section 2603(a)(3) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 , or any successors in interest III Wilderness 301. Additions to the National Wilderness Preservation System (a) Designation Section 202(a) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 ( 16 U.S.C. 1132 Public Law 107–282 (1) in paragraph (3), by striking 2002 2002, and the approximately 10,137 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled Southern Nevada Land Management (2) in paragraph (4), by striking 2002 2002, and the approximately 3,878 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled Southern Nevada Land Management (3) in paragraph (5), by striking 2002 2002, and the approximately 19,521 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled Southern Nevada Land Management (4) in paragraph (11), by striking 2002 2002, and the approximately 44,942 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled Southern Nevada Land Management (5) in paragraph (12), by striking 2002 2002, and the approximately 30,211 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled Southern Nevada Land Management (6) in paragraph (16), by striking 2002 2002, and the approximately 31,120 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled Southern Nevada Land Management (7) in paragraph (17), by striking 2002 2002, and the approximately 699 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled Southern Nevada Land Management (8) by adding at the end the following: (19) Mount stirling wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 73,011 acres, as generally depicted on the map entitled Southern Nevada Land Management Mount Stirling Wilderness (20) Overton wilderness Certain Federal land managed by the National Park Service, comprising approximately 23,227 acres, as generally depicted on the map entitled Southern Nevada Land Management Overton Wilderness (21) Twin springs wilderness Certain Federal land managed by the National Park Service, comprising approximately 9,684 acres, as generally depicted on the map entitled Southern Nevada Land Management Twin Springs Wilderness (22) Scanlon wash wilderness Certain Federal land managed by the National Park Service, comprising approximately 22,826 acres, as generally depicted on the map entitled Southern Nevada Land Management Scanlon Wash Wilderness (23) Hiller mountains wilderness Certain Federal land managed by the National Park Service, comprising approximately 14,832 acres, as generally depicted on the map entitled Southern Nevada Land Management Hiller Mountains Wilderness (24) Hell’s kitchen wilderness Certain Federal land managed by the National Park Service, comprising approximately 12,439 acres, as generally depicted on the map entitled Southern Nevada Land Management Hell (25) South million hills wilderness Certain Federal land managed by the National Park Service, comprising approximately 8,955 acres, as generally depicted on the map entitled Southern Nevada Land Management South Million Hills Wilderness (26) New york mountains wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 14,114 acres, as generally depicted on the map entitled Southern Nevada Land Management 16 U.S.C. 1132 Public Law 103–433 (27) Piute mountains wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 7,404 acres, as generally depicted on the map entitled Southern Nevada Land Management 16 U.S.C. 1132 Public Law 103–13 (28) Sheep range wilderness Certain Federal land managed by the Director of the United States Fish and Wildlife Service, comprising approximately 435,277 acres, as generally depicted as Sheep Range Wilderness Southern Nevada Land Management Sheep Range Wilderness (29) Las vegas range wilderness Certain Federal land managed by the Director of the United States Fish and Wildlife Service and the Director of the Bureau of Land Management, comprising approximately 150,823 acres, as generally depicted as Las Vegas Range Wilderness Southern Nevada Land Management Las Vegas Range Wilderness (30) Gass peak wilderness Certain Federal land managed by the Director of the United States Fish and Wildlife Service, comprising approximately 33,424 acres, as generally depicted as Gass Peak Wilderness Southern Nevada Land Management Gass Peak Wilderness (31) Desert bighorn wilderness Certain Federal land managed by the Director of the United States Fish and Wildlife Service, comprising approximately 285,749 acres, as generally depicted as Desert Bighorn Wilderness Southern Nevada Land Management Desert Bighorn Wilderness (32) Pintwater-east desert-spotted range wilderness Certain Federal land managed by the Director of the United States Fish and Wildlife Service, comprising approximately 268,698 acres, as generally depicted as Pintwater-East Desert-Spotted Range Wilderness Southern Nevada Land Management Pintwater-East Desert-Spotted Range Wilderness (33) Hole-in-the-rock west wilderness Certain Federal land managed by the Director of the United States Fish and Wildlife Service, comprising approximately 91,533 acres, as generally depicted as Hole-In-The-Rock Wilderness Southern Nevada Land Management Hole-In-The-Rock West Wilderness (34) Hole-in-the-rock east wilderness Certain Federal land managed by the Director of the United States Fish and Wildlife Service, comprising approximately 13,412 acres, as generally depicted as Hole-In-The-Rock Wilderness Southern Nevada Land Management Hole-In-The-Rock East Wilderness (35) Desert range wilderness Certain Federal land managed by the Director of the United States Fish and Wildlife Service, comprising approximately 23,100 acres, as generally depicted as Desert Range Wilderness Southern Nevada Land Management Desert Range Wilderness (36) Lucy gray wilderness Certain Federal land managed by the Bureau of Land Management, comprising approximately 9,717 acres, as generally depicted on the map entitled Southern Nevada Land Management . (b) Applicable law Subject to valid existing rights and notwithstanding section 203(a) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 ( 16 U.S.C. 1132 Public Law 107–282 16 U.S.C. 1131 16 U.S.C. 1132 Public Law 107–282 IV Local government conveyances in the State of Nevada for public purposes 401. City of Boulder City, Nevada, conveyance (a) Definitions In this section: (1) City The term City (2) Federal land The term Federal land Public Law 85–339 (b) Authorization of conveyance On request of the City, the Secretary shall convey to the City, without consideration, all right, title, and interest of the United States in and to the Federal land. (c) Administration of acquired land (1) In general The Federal land conveyed under subsection (b) shall be subject to valid existing rights. (2) Administrative authority The Secretary shall continue to have administrative authority over the Federal land conveyed under subsection (b) after the date of the conveyance. (d) Reversion (1) In general If the Federal land conveyed under subsection (b) ceases to be used for the public purpose for which the Federal land was conveyed, the Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States. (2) Responsibility of City If the Secretary determines under paragraph (1) that the Federal land should revert to the United States and that the Federal land is contaminated with hazardous waste, the City shall be responsible for remediation of the contamination of the Federal land. 402. City of Mesquite, Nevada, conveyance for the protection of the Virgin River watershed (a) Definitions In this section: (1) City The term City (2) Federal land The term Federal land (3) Map The term Map City of Mesquite, River Park (b) Authorization of conveyance Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (c) Map and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare final legal descriptions of the Federal land to be conveyed under subsection (b). (2) Corrections The Secretary may correct any minor errors in the Map or legal descriptions prepared under paragraph (1). (3) Availability The Map and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the Las Vegas Field Office of the Bureau of Land Management. (d) Reversion (1) In general If the Federal land conveyed under subsection (b) ceases to be used for the public purpose for which the Federal land was conveyed, the Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States. (2) Responsibility of City If the Secretary determines under paragraph (1) that the Federal land should revert to the United States and that the Federal land is contaminated with hazardous waste, the City shall be responsible for the remediation of the contamination of the Federal land. 403. Clark County, Nevada, conveyance to support public safety and wildfire response (a) Authorization of conveyance Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (1) Mount charleston public safety complex The approximately 16-acre parcel of Federal land generally depicted as Parcel A on the map entitled Mount Charleston Public Safety Complex Parcel for Lee Canyon Fire Station (2) Public safety training facilities The approximately 123 acres of Federal land, as generally depicted on the map entitled Metro Parcels (b) Payment of costs As a condition of the conveyance under subsection (a), the County shall pay any costs relating to any land surveys and other associated costs of conveying the parcels of Federal land under subsection (a). (c) Map and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare final legal descriptions of the parcels of Federal land to be conveyed under subsection (a). (2) Corrections The Secretary may correct any minor errors in the maps described in subsection (a) or legal descriptions prepared under paragraph (1). (3) Availability The maps described in subsection (a) and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Reversion (1) In general If any parcel of Federal land conveyed under subsection (a) ceases to be used for the public purpose for which the parcel of Federal land was conveyed, the parcel of Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States. (2) Responsibility of County If the Secretary determines under paragraph (1) that a parcel of Federal land should revert to the United States and that the parcel of Federal land is contaminated with hazardous waste, the County shall be responsible for remediation of the contamination of the parcel of Federal land. 404. Moapa Valley Water District, Nevada, conveyance to support access to rural water supply (a) Definitions In this section: (1) District The term District (2) Federal land The term Federal land (3) Map The term Map Moapa Valley Water District–Facilities and Land Conveyances (b) Authorization of conveyance (1) In general Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (2) Limitation If any parcel of Federal land authorized for conveyance under paragraph (1) is subject to transfer for the benefit of the Tribe under section 101(a), the interest in the parcel of Federal land to be conveyed to the District under paragraph (1) shall be in the form of a right-of-way for construction, maintenance, and operation of critical water conveyance infrastructure. (c) Map and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare final legal descriptions of the Federal land to be conveyed under subsection (b). (2) Corrections The Secretary may correct any minor errors in the Map or legal descriptions prepared under paragraph (1). (3) Availability The Map and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Reversion (1) In general If the Federal land conveyed under subsection (b) ceases to be used for the public purpose for which the Federal land was conveyed, as described in subsection (b), the Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States. (2) Responsibility of district If the Secretary determines under paragraph (1) that the Federal land should revert to the United States and that the Federal land is contaminated with hazardous waste, the District shall be responsible for remediation of the contamination of the Federal land. 405. City of North Las Vegas, Nevada, conveyance for fire training facility (a) Definitions In this section: (1) City The term City (2) Federal land The term Federal land (3) Map The term Map North Las Vegas Fire Department Training Facility (b) Authorization of conveyance Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (c) Payment of costs As a condition of the conveyance under subsection (b), the City shall pay any costs relating to any surveys and other associated costs of conveying the Federal land. (d) Map and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare final legal descriptions of the Federal land to be conveyed under subsection (b). (2) Corrections The Secretary may correct any minor errors in the Map or legal descriptions prepared under paragraph (1). (3) Availability The Map and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Reversion (1) In general If the Federal land conveyed under subsection (b) ceases to be used for the public purpose for which the Federal land was conveyed, the Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States. (2) Responsibility of City If the Secretary determines under paragraph (1) that the Federal land should revert to the United States and that the Federal land is contaminated with hazardous waste, the City shall be responsible for remediation of the contamination on the Federal land. V Implementation of Lower Virgin River watershed plan 501. Implementation of Lower Virgin River watershed plan Section 3(d)(3) of Public Law 99–548 Mesquite Lands Act of 1988 (1) by striking subparagraphs (A) and (B) and inserting the following: (A) for the development and implementation of a watershed plan for the Lower Virgin River; and ; and (2) by redesignating subparagraph (C) as subparagraph (B). VI Southern Nevada Limited Transition Area 601. Southern Nevada Limited Transition Area (a) Definition of transition area Section 2602(a) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (4) Transition area The term Transition Area Subject Area Limited Transition Area (LTA) 2020 Amendment 1/4 NV Energy Utility Corridor . (b) Use of land for nonresidential development; retention of land by City Section 2602(b) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (1) in paragraph (2)— (A) by striking subparagraphs (A) and (B) and inserting the following: (A) Authorized uses After the conveyance to the City under paragraph (1), the City may sell, lease, or otherwise convey any portion of the Transition Area for purposes of— (i) nonresidential development; or (ii) limited residential development that— (I) augments and integrates any nonresidential development under clause (i); and (II) is not freestanding. (B) Fair market value Any land sold, leased, or otherwise conveyed under subparagraph (A) shall be for not less than fair market value. ; and (B) in subparagraph (C), by inserting and applicable State law (2) by striking paragraph (3) and inserting the following: (3) Use of land for recreation or other public purposes; retention by city The City may elect to retain parcels in the Transition Area— (A) for public recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 (B) for any other use by the City, by providing to the Secretary— (i) written notice of the election; and (ii) consideration in an amount equal to the fair market value of the land retained, which shall be subject to disposition in accordance with paragraph (2)(D). ; and (3) in paragraph (5)(A), by striking or reserved for recreation or other public purposes under paragraph (3) , reserved for recreation or other public purposes under paragraph (3)(A), or retained by the City under paragraph (3)(B) VII Miscellaneous provisions 701. Off-highway vehicle recreation areas (a) Establishment Subject to valid existing rights, and to rights-of-way for the construction, maintenance, and operation of Moapa Valley Water District facilities, as depicted on the map entitled Moapa Valley Water District–Facilities and Land Conveyances (1) Laughlin off-highway vehicle recreation area The approximately 18,304 acres of Federal land, as generally depicted on the map entitled Southern Nevada Land Management Laughlin Off-Highway Vehicle Recreation Area (2) Logandale trails off-highway vehicle recreation area The approximately 21,756 acres of Federal land, as generally depicted on the map entitled Southern Nevada Land Management Logandale Trails Off-Highway Vehicle Recreation Area (3) Nelson hills off-highway vehicle recreation area The approximately 42,756 acres of Federal land, as generally depicted on the map entitled Southern Nevada Land Management Nelson Hills Off-Highway Recreation Area (4) Sandy valley off-highway vehicle recreation area The approximately 39,040 acres of Federal land, as generally depicted on the map entitled Southern Nevada Land Management Sandy Valley Off-Highway Vehicle Recreation Area (b) Purposes The purposes of each off-highway vehicle recreation area established by subsection (a) (referred to in this section as an off-highway vehicle recreation area (1) off-highway vehicle use; (2) other activities as the Secretary determines to be appropriate; and (3) the scenic, watershed, habitat, cultural, historic, and ecological resources of the off-highway vehicle recreation areas. (c) Management plans (1) In general Not later than 2 years after the date of enactment of this Act, in accordance with applicable law, the Secretary shall develop a comprehensive plan for the long-term management of each off-highway vehicle recreation area. (2) Consultation In developing the management plans under paragraph (1), the Secretary shall consult with— (A) appropriate State, Tribal, and local governmental entities; and (B) members of the public. (d) Management The Secretary shall manage the off-highway vehicle recreation areas— (1) to support the purposes described in subsection (b); and (2) in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 (B) this section; and (C) any other applicable law (including regulations). (e) Motorized vehicles (1) In general Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the off-highway vehicle recreation areas shall be permitted only on roads and trails designated for the use of motorized vehicles by the applicable management plan under subsection (c). (2) Interim management During the period beginning on the date of enactment of this Act and ending on the date on which the management plan under subsection (c) for an off-highway vehicle recreation area takes effect, the use of motorized vehicles in the off-highway vehicle recreation areas shall be permitted in accordance with the applicable land use plan. (3) Effect of subsection Nothing in this subsection prevents the Secretary from closing an existing road or trail to protect natural resources or public safety, as the Secretary determines to be appropriate. (f) Transportation and utility corridors Nothing in this section— (1) affects the existence, use, operation, maintenance, repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation improvement funding, removal, or replacement of any utility facility or appurtenant right-of-way within an existing designated transportation and utility corridor within an off-highway vehicle recreation area; (2) precludes the Secretary from authorizing the establishment of a new utility facility right-of-way within an existing designated transportation and utility corridor within an off-highway vehicle recreation area— (A) in accordance with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ii) any other applicable law; and (B) subject to such terms and conditions as the Secretary determines to be appropriate; or (3) prohibits access to, or the repair or replacement of, a transmission line within a right-of-way grant within an off-highway vehicle recreation area issued before the date of enactment of this Act. (g) Withdrawal Subject to valid existing rights, all Federal land within the boundaries of an off-highway vehicle recreation area, together with any land designated as the Nellis Dunes Off-Highway Vehicle Recreation Area Public Law 113–291 16 U.S.C. 460aaaa(3)(A) (1) all forms of appropriation or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (h) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of each off-highway vehicle recreation area. (2) Errors The Secretary may correct any minor error in— (A) a map referred to in subsection (a); or (B) a legal description under paragraph (1). (3) Treatment The maps and legal descriptions referred to in paragraph (2) shall— (A) be on file and available for public inspection in the appropriate offices of the Bureau of Land Management; and (B) have the same force and effect as if included in this Act, subject to paragraph (2). 702. Water infrastructure conveyances for public purposes (a) Definitions In this section: (1) Federal land The term Federal land (2) Map The term Map Section 702 Water Infrastructure Conveyances for Public Purposes (b) Authorization of conveyance Notwithstanding section 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a final legal description of the Federal land to be conveyed under subsection (b). (2) Corrections The Secretary may correct any minor errors in the Map or the legal description prepared under paragraph (1). (3) Availability The Map and the legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Reversion (1) In general If the Federal land conveyed under subsection (b) ceases to be used for the public purpose for which the Federal land was conveyed, as described in subsection (b), the Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States. (2) Responsibility of public water agency If the Secretary determines under paragraph (1) that the Federal land should revert to the United States and that the Federal land is contaminated with hazardous waste, the public water agency shall be responsible for remediation of the contamination of the Federal land. (e) Effect of section Nothing in this section— (1) permits any public water agency to obtain title to Federal land for the purpose of constructing the groundwater development project referred to in the right-of-way numbered N–78803; or (2) affects the right, interest, or authority of the National Park Service to manage the Lake Mead National Recreation Area. 703. Lower Las Vegas Wash weirs (a) In general Subject to valid existing rights and all applicable laws, the Secretary shall complete construction of the 6 erosion control weirs on the lower Las Vegas Wash within the Lake Mead National Recreation Area that are unfinished as of the date of enactment of this Act, as identified in the study of the Federal Highway Administration entitled 2010 Lower Las Vegas Wash Planning Study (b) Deadline The Secretary shall complete construction of the weirs described in subsection (a) by not later than 8 years after the date of enactment of this Act. 704. Critical flood control facilities The Secretary shall amend the Las Vegas Resource Management Plan dated 1998 to allow for the design and construction of flood control facilities in the Coyote Springs Desert Tortoise Area of Critical Environmental Concern, as described in the most-recent update of the Las Vegas Valley Master Plan for Flood Control Facilities developed by the Regional Flood Control District, as generally depicted on the map attached to that update entitled Regional Flood Control District Master Plan Facilities in the Coyote Springs Area of Critical Environmental Concern 705. Maximizing education benefits (a) Nevada System of Higher Education Section 3092(h)(2) of Public Law 113–291 (1) in subparagraph (B)(i)(II), by striking purposes; and purposes, subject to the condition that the Board of Regents may— (aa) enter into 1 or more public-private partnerships or agreements (including a lease or conveyance), with respect to the Federal land, with any individual or entity for the commercial or residential development of all, or any portion of, the Federal land, to the extent that the development is consistent with the educational and research purposes of the System (including any use intended to generate financial support for those purposes); and (bb) impose restrictions on the Federal land in accordance with those purposes; and ; and (2) in subparagraph (C), by striking The System Subject to subparagraph (B)(i)(II), the System (b) Nevada State College at Henderson Section 704(b)(3) of the Clark County Conservation of Public Land and Natural Resources Act of 2002 ( Public Law 107–282 (A) In general The College and the City may— (i) use the land conveyed under paragraph (1) for any purpose relating to the establishment, operation, growth, or maintenance of the College, including any use that may generate financial support for such a purpose; and (ii) (I) enter into 1 or more public-private partnerships or agreements (including a lease or conveyance), with respect to the conveyed land, with any individual or entity for the commercial or residential development of all, or any portion of, the land; and (II) impose such other restrictions on the conveyed land as the College and the City determine to be appropriate. . 706. Jurisdiction over fish and wildlife Nothing in this Act affects the jurisdiction of the State with respect to the management of fish or wildlife on any Federal land located in the State.

Southern Nevada Economic Development and Conservation Act

Entity List Verification Act This bill prohibits the Department of Commerce from removing an entity from the entity list until Commerce makes certain certifications. The entity list provides the names of foreign entities who are subject to specific license requirements for the export, reexport, or transfer of specified items. Commerce may not remove an entity from the entity list until Commerce certifies that (1) the entity is no longer involved in activities that are contrary to U.S. national security or foreign policy interests, and (2) removing the entity from the list does not pose a threat to U.S. allies.

117 S568 IS: Entity List Ver­i­fi­ca­tion Act U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 568 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Scott of Florida Mr. Cotton Mr. Hawley Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of Commerce to certify, before removing an entity from the entity list, that the entity is no longer involved in activities contrary to the national security or foreign policy interests of the United States and that removing the entity from the list does not pose a threat to allies of the United States. 1. Short title This Act may be cited as the Entity List Ver­i­fi­ca­tion Act 2. Certification required to remove entities from entity list The Secretary of Commerce may not remove any entity from the entity list maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, until the Secretary certifies to Congress that— (1) the entity is no longer reasonably believed to be involved, or to be becoming involved, in activities contrary to national security or foreign policy interests of the United States; and (2) removing the entity from the entity list does not pose a threat to allies of the United States.

Entity List Ver­i­fi­ca­tion Act

Public Health Funding Prevents Pandemics Act This bill increases annual funding for the Prevention and Public Health Fund for FY2022-FY2027. This fund supports prevention, wellness, and public health activities carried out by the Department of Health and Human Services, including researching and tracking public health threats.

117 S571 IS: Public Health Funding Prevents Pandemics Act U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 571 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Blumenthal Mrs. Murray Mrs. Gillibrand Mr. Brown Ms. Smith Mr. Casey Ms. Klobuchar Ms. Rosen Committee on Health, Education, Labor, and Pensions A BILL To fully fund the Prevention and Public Health Fund and reaffirm the importance of prevention in the United States healthcare system. 1. Short title This Act may be cited as the Public Health Funding Prevents Pandemics Act 2. Findings Congress finds the following: (1) The Prevention and Public Health Fund (section 4002 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 300u–11 to provide for expanded and sustained national investment in prevention and public health programs to improve health and help restrain the rate of growth in private and public health care costs (2) Funding under such section is essential to core efforts at the Department of Health and Human Services and in State, local, Tribal, and territorial health departments to prevent and control the spread of infectious disease and prevent injuries and the development of chronic conditions. (3) Prevention and Public Health Fund dollars support evidenced-based investments in tobacco use prevention and cessation, nutrition, mental health, childhood lead poisoning prevention, elder care initiatives, and immunizations, among other prevention initiatives. Funding gives States and communities the flexibility to respond to public health threats that may be unique to their communities and bolsters the State, local, Tribal, and territorial response to global public health threats, including COVID–19. (4) Such prevention efforts have shown to be effective. Funding increases for community-based public health programs reduce infant deaths and preventable deaths caused by cancer, diabetes, and cardiovascular disease. Every dollar spent on prevention saves nearly $6 in health spending and every dollar spent on childhood vaccines saves $16.50 in future health care costs. (5) Investments in prevention reduce the cost of health care in the United States. $2,900,000,000 in investments in community-based disease prevention is estimated to save $16,500,000,000 annually within 5 years. (6) Cuts to the Prevention and Public Health Fund and other public health prevention efforts undermine efforts to create an affordable and accessible health care system, and a better quality of life for Americans. (7) Cuts to the Prevention and Public Health Fund endanger the ability of States and localities to distribute vaccines and public health information successfully. The Prevention and Public Health Fund is critical to the growth of the Centers for Disease Control and Prevention’s immunization program under section 317 of the Public Health Service Act and to the Epidemiology and Laboratory Capacity program. (8) Restoring Prevention and Public Health Fund funding to $2,000,000,000 annually will allow the Fund to invest in more innovative, evidence-based public health programs and maintain and expand investments in programs with demonstrated success. (9) Restoring Prevention and Public Health Fund funding to $2,000,000,000 will give the Centers for Disease Control and Prevention and State, local, Tribal, and territorial health departments the funding that they need to invest in prevention efforts that will help the United States avoid future pandemics and epidemics. 3. Prevention and public health fund Section 4002(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 300u–11(b) (1) in paragraph (4), by adding at the end and (2) by striking paragraphs (5) through (9) and inserting the following: (5) for fiscal year 2022 and each fiscal year thereafter, $2,000,000,000. .

Public Health Funding Prevents Pandemics Act

Border Water Quality Restoration and Protection Act This bill establishes programs that address water pollution along the U.S.-Mexico border. Specifically, the bill requires the Environmental Protection Agency (EPA) to establish the Tijuana River Public Health and Water Quality Restoration Program. Under the program, the EPA must plan, implement, coordinate, and provide grants for public health and water quality restoration and protection activities in the Mexican Tijuana River watershed and the American Tijuana River watershed in California. In addition, the EPA must establish the California New River Public Health and Water Quality Restoration Program to plan, implement, coordinate, and provide grants for water quality restoration and protection activities in the New River watershed. Finally, the bill provides statutory authority for the U.S.-Mexico Border Water Infrastructure Program to provide assistance for activities related to the construction of infrastructure for drinking water treatment or distribution, wastewater management, or stormwater management.

117 S572 IS: Border Water Quality Restoration and Protection Act U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 572 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mrs. Feinstein Mr. Padilla Committee on Environment and Public Works A BILL To provide for the water quality restoration of the Tijuana River and the New River, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Border Water Quality Restoration and Protection Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Tijuana River Public Health and Water Quality Restoration Sec. 101. Findings; purpose. Sec. 102. Definitions. Sec. 103. Tijuana River Public Health and Water Quality Restoration Program. Sec. 104. Water quality plan. Sec. 105. Grants, agreements, and assistance. Sec. 106. Annual budget plan. Sec. 107. Reports. TITLE II—New River Public Health and Water Quality Restoration Sec. 201. Findings; purpose. Sec. 202. Definitions. Sec. 203. California New River Public Health and Water Quality Restoration Program. Sec. 204. Water quality plan. Sec. 205. Grants, agreements, and assistance. Sec. 206. Annual budget plan. Sec. 207. Reports. TITLE III—Border Water Infrastructure Improvement Sec. 301. United States-Mexico border water infrastructure program. TITLE IV—Miscellaneous Sec. 401. Role of the Commissioner and international agreements. 2. Definitions In this Act: (1) Administrator The term Administrator (2) Commissioner The term Commissioner (3) Mexican The term Mexican (4) New River The term New River (5) Secretary The term Secretary (6) Tijuana River The term Tijuana River (7) Water reuse The term water reuse National Water Reuse Action Plan Collaborative Implementation (Version 1) I Tijuana River Public Health and Water Quality Restoration 101. Findings; purpose (a) Findings Congress finds that— (1) the Tijuana River flows across the United States-Mexico border, through the southern United States, and into the Pacific Ocean; (2) 3/4 1/4 (3) the Tijuana River National Estuarine Research Reserve is a partnership of Federal and State agencies, including the National Oceanic and Atmospheric Administration, California State Parks, and the United States Fish and Wildlife Service; (4) the Tijuana River is a significant estuary and watershed, providing— (A) economic and health benefits to the citizens of the United States and Mexico; and (B) environmental benefits as critical habitat to shore birds; (5) the economy of communities in southern California, including smaller communities, such as the City of Imperial Beach, and larger municipalities, such as the City of San Diego, may be significantly affected if the natural beauty and recreational opportunities of the Tijuana River are degraded; (6) the Tijuana River watershed is in the midst of an environmental crisis, as stormwater flows from the upper watershed, originating in Tijuana, Mexico, carrying pollutants such as bacteria, trash, and sediment that severely affect water quality; (7) coastal communities in and near the Tijuana River watershed are also affected, during certain tidal events, by a combination of treated wastewater and chlorinated-only wastewater discharged from the San Antonio de los Buenos wastewater treatment plant located 5 miles south of the United States-Mexico border in Tijuana; (8) as reported by the Government Accountability Office in February 2020, transboundary flows of untreated sewage, combined with unmanaged stormwater, bring bacteria and other contaminants into the Tijuana River Valley watershed and beaches in the United States; (9) sediment flows into the Tijuana River National Wildlife Refuge and blocks the flow of ocean water and creating an imbalance in water salinity, necessary for marsh plants, fish, and birds; (10) the City of Imperial Beach has closed beach access 1/3 (11) flows of untreated sewage, chemicals, and pollution from Mexico jeopardize the health of Border Patrol agents and limiting the ability of those agents to operate in areas affected by these flows; (12) in the 2 years before the date of enactment of this Act, local Border Patrol union officials have reported that over 100 officers have suffered from contamination, rashes, infections, chemical burns, and lung irritation due to toxic cross-border flows; (13) a March 2020 report of the Environmental Financial Advisory Board of the Environmental Protection Agency— (A) found that— (i) stormwater knows no jurisdictional boundaries … and is a principal cause of water quality issues nationwide (ii) adequate funding to manage stormwater pollution lags behind the investments made in wastewater management and the delivery of safe drinking water by decades; and (B) concluded that Federal investment will be required to address— (i) the lack of State and local funding; and (ii) multi-jurisdictional stormwater management needs; (14) during the 10-year period before the date of enactment of this Act, Federal, State, and local governments and others have identified the benefits of using natural and green infrastructure to control and manage stormwater runoff, including wetlands, coastal dunes, and retention structures; (15) during the 20-year period before the date of enactment of this Act, the United States and Mexico, through the International Boundary and Water Commission, have agreed to resolve the pollution problems in the Tijuana River; (16) the International Boundary and Water Commission has negotiated 8 minutes to resolve water quality problems in the Tijuana River, among other subjects; (17) 1 of the most recent minutes authorized the construction of the South Bay International Wastewater Treatment Plant in San Ysidro to treat, on average, 25,000,000 gallons of sewage from Tijuana per day, which has reduced the sewage coming into the United States; (18) the sewer system of Tijuana is— (A) aging and deteriorating; and (B) insufficient to meet the needs of a quickly growing population; (19) in February 2017, 1 of the main sewer collectors of Tijuana broke, sending an estimated 143,000,000 gallons of raw sewage into the United States, which was not the only time such a break occurred; (20) from February to July of 2019, an estimated 4,500,000,000 gallons of wastewater, treated water, and stormwater flowed from Mexico to the United States; (21) in June and July 2019, there were 3 sewer collector breaks, resulting in a total discharge of raw sewage of almost 2,000,000 gallons; (22) a 2019 study entitled Tijuana River Diversion Study: Flow Estimates, Infrastructure Diagnostic, and Alternatives Development (23) those transboundary flows contain treated wastewater, raw sewage, and urban runoff, with most of those flows associated with wet weather and stormwater; (24) the study described in paragraph (22)— (A) found that improving the operational reliability of the existing diversion system of the South Bay could reduce the number of days that transboundary flows occurred; but (B) estimated that there would still be on average 90 days of transboundary flows each year; (25) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 (26) because of the international border and different treatment systems and standards, discharges in Mexico to the Tijuana River are not treated to the same standards as the standards to which discharges would be treated in the United States; (27) the International Boundary and Water Commission negotiated Minute 320 to find solutions for water quality, trash, and sediment in the Tijuana River; (28) the United States has— (A) invested at least $250,000,000 for secondary wastewater treatment in the Tijuana River Valley by the International Boundary and Water Commission; and (B) paid $18,000,000 to operate and maintain the plant in fiscal year 2018; (29) the United States has also helped fund water and wastewater infrastructure along the border through the Border Water Infrastructure Program and the North American Development Bank; (30) however, as the Government Accountability Office found in the report described in paragraph (8), the long-standing environmental and health problems associated with transboundary stormwater flows continue, while the International Boundary and Water Commission has not taken actions to resolve existing problems by proposing and analyzing alternatives, analyzing costs, identifying solutions, or establishing time frames; and (31) significant additional investment from Federal, State, local, and Mexican resources is needed to improve the water quality of the Tijuana River watershed. (b) Purposes The purposes of this title are— (1) to establish a program to plan and implement water quality restoration and protection activities; (2) to ensure the coordination of restoration and protection activities among Mexican, Federal, State, local, and regional entities and conservation partners relating to water quality and stormwater management in the Mexican Tijuana River watershed and the American Tijuana River watershed; and (3) to provide funding for water quality restoration and protection activities in the Mexican Tijuana River watershed and the American Tijuana River watershed. 102. Definitions In this title: (1) American Tijuana River watershed The term American Tijuana River watershed (2) Mexican Tijuana River watershed The term Mexican Tijuana River watershed (3) Program The term program (4) Water quality restoration and protection The term water quality restoration and protection (A) the enhancement of water quality and stormwater management; and (B) the use of natural and green infrastructure to enhance the ability of the watershed to capture pollutants and reduce runoff to prevent flooding. 103. Tijuana River Public Health and Water Quality Restoration Program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program, to be known as the Tijuana River Public Health and Water Quality Restoration Program (b) Duties In carrying out the program, the Administrator shall— (1) carry out projects, plans, and initiatives for the Tijuana River and work in consultation with applicable management entities, including representatives of the Federal Government, State and local governments, and regional and nonprofit organizations, to carry out public health and water quality restoration and protection activities relating to the Tijuana River; (2) carry out activities that— (A) develop, using monitoring, data collection, and assessment, a shared set of science-based water quality restoration and protection activities identified in accordance with paragraph (1); (B) support the implementation of a shared set of science-based water quality restoration and protection activities identified in accordance with paragraph (1), including water reuse projects, water recycling projects, and natural and green infrastructure projects; (C) target cost-effective projects with measurable results; and (D) maximize public health and water quality conservation outcomes; (3) coordinate the development of consistent Federal policies, strategies, projects, and priorities for addressing the public health and water quality restoration and protection of the Tijuana River; (4) coordinate a funding strategy among available funding sources in the region; and (5) provide grants, agreements, and technical assistance in accordance with section 105. (c) Coordination In establishing the program, the Administrator shall consult, as appropriate, with— (1) the heads of Federal agencies, including— (A) the Secretary; (B) the Commissioner; (C) the Secretary of Agriculture; (D) the Secretary of Homeland Security; (E) the Administrator of General Services; (F) the Commissioner of U.S. Customs and Border Protection; (G) the Secretary of the Interior; (H) the Secretary of the Army, acting through the Chief of Engineers; (I) the Administrator of the National Oceanic and Atmospheric Administration; (J) the Director of the United States Fish and Wildlife Service; and (K) the head of any other applicable agency, as determined by the Administrator; (2) the heads of State agencies, including— (A) the Governor of California; (B) the California Environmental Protection Agency; (C) the California State Water Resources Control Board; (D) the California Department of Water Resources; and (E) the San Diego Regional Water Quality Control Board; (3) 2 representatives of affected units of local government in the State, chosen on a rotating 3-year cycle by the Governor of California, including representatives from the City of Imperial Beach, the City of San Diego, the City of Chula Vista, the City of Coronado, the Port of San Diego, and the County of San Diego; (4) 2 representatives of relevant nonprofit groups, chosen on a rotating 3-year cycle by the Governor of California; (5) other public agencies and organizations with authority for the planning and implementation of conservation strategies relating to the Tijuana River in the United States and Mexico, as determined by the Administrator; and (6) representatives of the North American Development Bank. (d) Cooperative agreements and memoranda of understanding (1) In general To achieve the purposes of this title and to ensure effective coordination of Federal and non-Federal water quality restoration and protection activities, the Administrator shall use amounts made available for the border water infrastructure program under section 301 and payments received pursuant to paragraph (4)(A) to enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to— (A) the heads of other Federal agencies, States, State agencies, units of local government, regional governmental bodies, and private entities; and (B) in cooperation with the Secretary, the Government of Mexico. (2) Use of agreements The Administrator shall enter into the cooperative agreements and memoranda of understanding described in paragraph (1)— (A) to carry out the activities described in this section, including studies, plans, construction, and completion of projects to improve the water quality of, environment of, and public health around the Tijuana River; and (B) to carry out a pilot project under which the Administrator shall, for projects selected by the Administrator that would otherwise not be successful in improving the water quality of, environment of, and public health of people residing in areas surrounding the Tijuana River— (i) identify the parties responsible for the projects; and (ii) provide funds to those parties for the operations and maintenance of the projects. (3) Term The cooperative agreements and memoranda of understanding described in paragraph (1) shall be limited to a specified period of time, as determined by the Administrator. (4) Financial arrangements (A) In general If the Administrator enters into a cooperative agreement or memorandum of understanding described in paragraph (1), the Administrator may require the other party to the agreement or memorandum to provide payment to the Administrator. (B) Deposit Any amounts received as a payment under subparagraph (A) shall be deposited into the State and Tribal Assistance Grants account of the Environmental Protection Agency and shall remain available, without further appropriation, to carry out the purposes of this title. (5) Personnel; services; technical assistance The Administrator may provide or accept personnel, services, and technical assistance pursuant to a cooperative agreement or memorandum of understanding described in paragraph (1), with or without reimbursement, for the purposes of carrying out the agreement or memorandum. 104. Water quality plan (a) Development (1) In general The Administrator, in consultation with the entities described in section 103(c), shall develop a plan for the purpose of improving and protecting the water quality of the Tijuana River watershed. (2) Requirements The plan under paragraph (1) shall— (A) build on and incorporate any existing efforts and plans to improve and protect the water quality of the Tijuana River watershed, including ongoing and completed efforts and plans; and (B) include— (i) such features as are needed to improve and protect the quality of wastewater, stormwater runoff, and other untreated flows; (ii) criteria for selecting— (I) water quality restoration and protection projects; and (II) projects on the priority list under subsection (c)(1); (iii) the amounts necessary for the operations and maintenance of infrastructure existing on and constructed after the date of enactment of this Act; and (iv) potential sources of funding to help pay the costs described in clause (iii). (3) Operations and maintenance funding (A) In general The Administrator, working with the entities described in section 103(c), shall assess and identify potential alternative sources and approaches for financing infrastructure projects, including financing the operations and maintenance of those infrastructure projects. (B) Requirement In carrying out subparagraph (A), the Administrator shall assess the approaches identified in the report of the Environmental Financial Advisory Board entitled Evaluating Stormwater Infrastructure Funding and Financing (b) Issuance; updates The Administrator shall— (1) not later than 1 year after the date of enactment of this Act, issue the plan under subsection (a)(1); and (2) every 5 years after the date on which the plan is issued under paragraph (1), update the plan. (c) Priority list (1) In general The plan under subsection (a)(1) shall include a priority list of potential or proposed water quality restoration and protection projects for the Tijuana River watershed that— (A) provides for the management of wastewater or stormwater or the removal of debris, sediment, chemicals, bacteria, and other contaminants from the water flowing north into the United States; (B) estimates the costs and identifies the entities that will fund the construction, operation, and maintenance of each project on the priority list; (C) is developed in coordination with the entities described in section 103(c); (D) assists agencies to coordinate funding; and (E) identifies projects— (i) in the Mexican Tijuana River watershed; (ii) in the American Tijuana River watershed; and (iii) that address transboundary flows that affect coastal communities in and near the Tijuana River watershed. (2) Development In developing the priority list under paragraph (1), the Administrator shall— (A) use the best available science, including any relevant findings and recommendations of a watershed assessment conducted by Federal, State, and local agencies; (B) carry out and fund science development, monitoring, or modeling as needed to inform project development and assessment; and (C) include, in order of priority, potential or proposed water quality or stormwater projects for the restoration and protection of the Tijuana River that— (i) would help— (I) to achieve and maintain the water quality standards for— (aa) public health; (bb) recreational opportunities; (cc) scenic resources; and (dd) wildlife and habitat; and (II) to address water needs in the Tijuana River watershed, including through water reuse and water recycling; and (ii) would identify responsible agencies and funding sources through coordinated efforts by the entities described in section 103(c). 105. Grants, agreements, and assistance (a) In general In order to carry out the purposes of the program as described in section 101(b), the Administrator may— (1) provide grants and technical assistance to the Commissioner, State and local governments, nonprofit organizations, and institutions of higher education, in both the United States and Mexico; and (2) enter into interagency agreements with other Federal agencies. (b) Criteria The Administrator, in consultation with the entities described in section 103(c), shall develop criteria for providing grants and technical assistance and entering into interagency agreements under subsection (a) to ensure that activities carried out under an interagency agreement or using those grants or technical assistance— (1) accomplish 1 or more of the purposes identified in section 101(b); and (2) advance the implementation of priority projects identified under section 104(c). (c) Cost sharing The Administrator may establish a Federal share requirement for any project carried out using any assistance proved under this section on an individual project basis. (d) Administration (1) In general The Administrator may enter into an agreement to manage the implementation of this section with the North American Development Bank or a similar organization that offers grant management services. (2) Funding If the Administrator enters into an agreement under paragraph (1), the organization selected shall— (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on the date of enactment of an appropriations Act making appropriations to the Administrator for a fiscal year, or as soon as practicable thereafter; and (B) otherwise administer the implementation of this section to support partnerships between the public and private sectors in accordance with this title. (e) Construction, operation, and maintenance The Commissioner may construct, operate, and maintain any project carried out using funds made available to carry out this section. 106. Annual budget plan The President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit estimated expenditures and proposed appropriations for projects under this title for the current year, the budget year, and 5 outyears (as those terms are defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) 107. Reports Not later than 180 days after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall submit to Congress a report on the implementation of this title, including— (1) a description of— (A) each project that has received funding pursuant to this title; and (B) the status of all projects that have received funding pursuant to this title that are in progress on the date of submission of the report; and (2) an assessment of the effectiveness of the operation and maintenance of each project that has been carried out pursuant to this title. II New River Public Health and Water Quality Restoration 201. Findings; purpose (a) Findings Congress finds that— (1) the New River was born out of— (A) occasional flows of the Colorado River into the Salton Sink; and (B) the erosion of the New River channel, which formed the deep river canyon between 1905 and 1907; (2) the New River— (A) starts in Mexicali, Mexico; (B) flows north into the United States through Calexico; (C) passes through the Imperial Valley; and (D) drains into the Salton Sea approximately 66 miles north of the international boundary; (3) the sub-watershed of the New River covers approximately 750 square miles, of which 63 percent is in Mexico and 37 percent is in the United States; (4) the New River has been widely recognized for significant water pollution problems, primarily because of agricultural runoff, raw sewage, pesticides, and discharges of wastes from domestic, agricultural, and industrial sources in Mexico and the Imperial Valley; (5) by the 1980s, the New River acquired the reputation of being 1 of the most polluted rivers in the United States, with many pollutants in the New River posing serious human health hazards to local populations, particularly in Calexico and Mexicali; (6) in 1992, Minute 288 of the International Boundary and Water Commission— (A) established a sanitation strategy for the water quality problems of the New River at the international border; and (B) divided sanitation projects into 2 immediate repair projects, the Mexicali I and Mexicali II, that— (i) totaled approximately $50,000,000; and (ii) were funded by both the United States and Mexico through the North American Development Bank; (7) in 1995, the Environmental Protection Agency provided funds to the California Regional Water Quality Control Board to monitor and document the water quality at the international boundary on a monthly basis; (8) in the late 1990s— (A) the United States and Mexico spent $100,000,000 (of which 45 percent was paid by Mexico and 55 percent was paid by the United States) to build the Las Arenitas and Zaragoza wastewater treatment plants; and (B) after the construction of those plants, untreated water from the New River was passed through 4 microbial treatment cells at the Las Arenitas wastewater treatment plant, which was then chlorinated and fed into a reforestation project along the desiccated Rio Hardy, which stretches to the Sea of Cortez; (9) a 10-year effort by community groups, lawyers, regulatory agencies, and politicians addressed the problem of water quality in the New River at the source by— (A) federally funding a new sewage treatment plant in Mexicali; and (B) developing a site plan for the portion of the New River in the United States; (10) in 2009, the State of California required the California-Mexico Border Relations Council— (A) to create a water quality plan to study, monitor, remediate, and enhance the water quality of the New River to protect human health; and (B) to develop a river parkway suitable for public use; (11) in 2012, the California-Mexico Border Relations Council approved the strategic plan for the New River Improvement Project that was prepared by the New River Improvement Project Technical Advisory Committee; (12) in 2016, the New River Improvement Project Technical Advisory Committee revised the recommended infrastructure of the New River Improvement Project, and the State of California appropriated $1,400,000 to provide grants or contracts to carry out the necessary planning, design, environmental review, and permitting work; (13) the revised New River Improvement Project includes the installation of a large trash screen, a conveyance system, aeration devices, a new pump station, and managed wetlands; and (14) the existing and ongoing voluntary conservation efforts at the New River necessitate improved efficiency and cost effectiveness, increased private sector investments, and coordination of Federal and non-Federal resources. (b) Purposes The purposes of this title include— (1) coordinating water quality restoration and protection activities relating to the New River among Mexican, Federal, State, local, and regional entities and conservation partners; and (2) carrying out coordinated restoration and protection activities relating to the New River and providing technical assistance for those activities— (A) to sustain and enhance fish and wildlife habitat restoration and protection activities; (B) to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife; (C) to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access to, and recreation in and along, the New River consistent with the ecological needs of fish and wildlife habitat; (E) to maximize the resilience of natural systems and habitats under changing watershed conditions; (F) to engage the public through outreach, education, and citizen involvement to increase capacity and support for coordinated water quality restoration and protection activities relating to the New River; (G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated water quality restoration and protection activities relating to the New River; and (H) to provide technical assistance to carry out water quality restoration and protection activities relating to the New River. 202. Definitions In this title: (1) Program The term program (2) Water quality restoration and protection The term water quality restoration and protection (A) the enhancement of water quality and stormwater management; and (B) the use of natural and green infrastructure to enhance the ability of the watershed to capture pollutants and reduce runoff to prevent flooding. 203. California New River Public Health and Water Quality Restoration Program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program, to be known as the California New River Public Health and Water Quality Restoration Program (b) Duties In carrying out the program, the Administrator shall— (1) carry out projects, plans, and initiatives for the New River that are supported by the California-Mexico Border Relations Council, and work in consultation with applicable management entities, including representatives of the Calexico New River Committee, the California-Mexico Border Relations Council, the New River Improvement Project Technical Advisory Committee, the Federal Government, State and local governments, and regional and nonprofit organizations, to carry out water quality restoration and protection activities relating to the New River; (2) carry out activities that— (A) develop, using monitoring, data collection, and assessment, a shared set of science-based water quality restoration and protection activities identified in accordance with paragraph (1); (B) support the implementation of a shared set of science-based water quality restoration and protection activities identified in accordance with paragraph (1), including water reuse projects, water recycling projects, and natural and green infrastructure projects; (C) target cost-effective projects with measurable results; and (D) maximize public health and water quality conservation outcomes; and (3) provide grants, agreements, and technical assistance in accordance with section 205. (c) Coordination In establishing the program, the Administrator shall consult, as appropriate, with— (1) the heads of Federal agencies, including— (A) the Secretary of the Interior; (B) the Secretary of Agriculture; (C) the Secretary of Homeland Security; (D) the Administrator of General Services; (E) the Commissioner of U.S. Customs and Border Protection; (F) the Commissioner; (G) the Secretary of the Army, acting through the Chief of Engineers; (H) the Administrator of the National Oceanic and Atmospheric Administration; (I) the Director of the United States Fish and Wildlife Service; and (J) the head of any other applicable agency, as determined by the Administrator; (2) the Governor of California; (3) the California Environmental Protection Agency; (4) the California State Water Resources Control Board; (5) the California Department of Water Resources; (6) the Colorado River Basin Regional Water Quality Control Board; (7) the Imperial Irrigation District; (8) the Salton Sea Authority; (9) other public agencies and organizations with authority for the planning and implementation of conservation strategies relating to the New River in the United States and Mexico, as determined by the Administrator; and (10) representatives of the North American Development Bank. (d) Cooperative agreements and memoranda of understanding (1) In general To achieve the purposes of this title and to ensure effective coordination of Federal and non-Federal water quality restoration and protection activities, the Administrator shall use amounts made available for the border water infrastructure program under section 301 and payments received pursuant to paragraph (4)(A) to enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to— (A) the heads of other Federal agencies, States, State agencies, units of local government, regional governmental bodies, and private entities; and (B) in cooperation with the Secretary, the Government of Mexico. (2) Use of agreements The Administrator shall enter into the cooperative agreements and memoranda of understanding described in paragraph (1)— (A) to carry out the activities described in this section, including studies, plans, construction, and completion of projects to improve the water quality of, environment of, and public health around the New River; and (B) to carry out a pilot project under which the Administrator shall, for projects selected by the Administrator that would otherwise not be successful in improving the water quality of, environment of, and public health of people residing in areas surrounding the New River— (i) identify the parties responsible for the projects; and (ii) provide funds to those parties for the operations and maintenance of the projects. (3) Term The cooperative agreements and memoranda of understanding described in paragraph (1) shall be limited to a specified period of time, as determined by the Administrator. (4) Financial arrangements (A) In general If the Administrator enters into a cooperative agreement or memorandum of understanding described in paragraph (1), the Administrator may require the other party to the agreement or memorandum to provide payment to the Administrator. (B) Deposit Any amounts received as a payment under subparagraph (A) shall be deposited into the State and Tribal Assistance Grants account of the Environmental Protection Agency and shall remain available, without further appropriation, to carry out the purposes of this title. (5) Personnel; services; technical assistance The Administrator may provide or accept personnel, services, and technical assistance pursuant to a cooperative agreement or memorandum of understanding described in paragraph (1), with or without reimbursement, for the purposes of carrying out the agreement or memorandum. 204. Water quality plan (a) Development (1) In general The Administrator, in consultation with the entities described in section 203(c), shall develop a plan for the purpose of improving and protecting the water quality of the New River watershed. (2) Requirements The plan under paragraph (1) shall— (A) build on and incorporate any existing efforts and plans to improve and protect the water quality of the New River, whether ongoing or completed; and (B) include— (i) such features as are needed to improve and protect the quality of wastewater, stormwater runoff, and other untreated flows; (ii) criteria for selecting— (I) water quality restoration and protection projects; and (II) projects on the priority list under subsection (c)(1); (iii) the amounts necessary for the operations and maintenance of infrastructure existing on and constructed after the date of enactment of this Act; and (iv) potential sources of funding to help pay the costs described in clause (iii). (3) Operations and maintenance funding (A) In general The Administrator, working with the entities described in section 203(c), shall assess and identify potential alternative sources and approaches for financing infrastructure projects, including financing the operations and maintenance of those infrastructure projects. (B) Requirement In carrying out subparagraph (A), the Administrator shall assess the approaches identified in the report of the Environmental Financial Advisory Board entitled Evaluating Stormwater Infrastructure Funding and Financing (b) Issuance; updates The Administrator shall— (1) not later than 1 year after the date of enactment of this Act, issue the plan under subsection (a)(1); and (2) every 5 years after the date on which the plan is issued under paragraph (1), update the plan. (c) Priority list (1) In general The plan under subsection (a)(1) shall include a priority list of potential or proposed water quality restoration and protection projects for the New River watershed that— (A) provides for the management of wastewater or stormwater or the removal of debris, sediment, chemicals, bacteria, and other contaminants from the water flowing north into the United States; (B) estimates the costs and identifies the entities that will fund the construction, operation, and maintenance of each project on the priority list; (C) is developed in coordination with the entities described in section 203(c); (D) assists agencies to coordinate funding; and (E) identifies projects— (i) in the New River watershed; and (ii) that address transboundary flows that affect coastal communities in and near the New River watershed. (2) Development In developing the priority list under paragraph (1), the Administrator shall— (A) use the best available science, including any relevant findings and recommendations of a watershed assessment conducted by Federal, State, and local agencies; (B) carry out and fund science development, monitoring, or modeling as needed to inform project development and assessment; and (C) include, in order of priority, potential or proposed water quality or stormwater projects for the restoration and protection of the New River that— (i) would help— (I) to achieve and maintain the water quality standards for— (aa) public health; (bb) recreational opportunities; (cc) scenic resources; and (dd) wildlife and habitat; and (II) to address water needs in the New River watershed, including through water reuse and water recycling; and (ii) would identify responsible agencies and funding sources through coordinated efforts by the entities described in section 203(c). 205. Grants, agreements, and assistance (a) In general In order to carry out the purposes of the program as described in section 201(b), the Administrator may— (1) provide grants and technical assistance to the Commissioner, State and local governments, nonprofit organizations, and institutions of higher education, in both the United States and Mexico; and (2) enter into interagency agreements with other Federal agencies. (b) Criteria The Administrator, in consultation with the entities described in section 203(c), shall develop criteria for providing grants and technical assistance and entering into interagency agreements under subsection (a) to ensure that activities carried out under an interagency agreement or using those grants or technical assistance— (1) accomplish 1 or more of the purposes identified in section 201(b); and (2) advance the implementation of priority projects identified under section 204(c). (c) Cost sharing The Administrator may establish a Federal share requirement for any project carried out using any assistance provided under this section on an individual project basis. (d) Administration (1) In general The Administrator may enter into an agreement to manage the implementation of this section with the North American Development Bank or a similar organization that offers grant management services. (2) Funding If the Administrator enters into an agreement under paragraph (1), the organization selected shall— (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on the date of enactment of an appropriations Act making appropriations to the Administrator for a fiscal year, or as soon as practicable thereafter; and (B) otherwise administer the implementation of this section to support partnerships between the public and private sectors in accordance with this title. (e) Construction, operation, and maintenance The Commissioner may construct, operate, and maintain any project carried out using funds made available to carry out this section. 206. Annual budget plan The President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit estimated expenditures and proposed appropriations for projects under this title for the current year, budget year, and 5 outyears (as those terms are defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) 207. Reports Not later than 180 days after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall submit to Congress a report on the implementation of this title, including— (1) a description of— (A) each project that has received funding pursuant to this title; and (B) the status of all projects that have received funding pursuant to this title that are in progress on the date of submission of the report; and (2) an assessment of the effectiveness of the operation and maintenance of each project that has been carried out pursuant to this title. III Border Water Infrastructure Improvement 301. United States-Mexico border water infrastructure program (a) Definitions In this section: (1) Eligible entity The term eligible entity (2) Eligible project (A) In general The term eligible project (i) addresses an existing human health or ecological issue; (ii) has an effect in the United States; (iii) with respect to wastewater management infrastructure the water discharged from which will flow, directly or indirectly, into the United States, is designed to meet, to the maximum extent practicable, all relevant water quality standards of the country in which the project is located, including, for projects located in the United States, any applicable standards established under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 (iv) is proposed by an eligible entity with legal authority— (I) to develop the project; (II) to provide the proposed drinking water or wastewater services; and (III) to obtain necessary financing, including operations and maintenance funding; (v) will comply with relevant State and local environmental and other laws (including regulations), including with respect to— (I) obtaining any necessary operating permits and licenses; and (II) complying with any other regulatory requirements related to land acquisition and rights-of-way; and (vi) has the support of appropriate Mexican Federal and State agencies, including the Comision Nacional de Agua (commonly known as CONAGUA (B) Exclusions The term eligible project (i) for new water supply; (ii) that threatens an ecosystem located in the United States, or that is located in both the United States and Mexico, if the project causes a reduction in the flow of water; or (iii) to provide drinking water, wastewater, or stormwater services to enable new development. (3) Program The term program (b) Establishment The Administrator shall carry out a program to provide assistance to eligible entities for activities related to eligible projects, including feasibility studies, planning studies, environmental assessments, financial analyses, community participation efforts, and architectural, engineering, planning, design, construction, and operations and maintenance activities. (c) Consultation In carrying out the program, the Administrator shall consult with the North American Development Bank. (d) Coordination In carrying out the program, the Administrator shall coordinate with Federal, State, local, and Tribal entities in the border region, including the Department of Homeland Security, the International Boundary and Water Commission, and relevant State agencies. (e) Project selection (1) In general In selecting projects for which to provide assistance under the program, the Administrator shall select projects in accordance with— (A) paragraph (2); and (B) any other criteria determined appropriate by the Administrator. (2) Prioritization In carrying out paragraph (1), the Administrator shall prioritize projects that— (A) are identified in a plan developed pursuant to section 104 or 204; or (B) (i) are likely to have the greatest positive effects relating to the environment and public health; (ii) will result in benefits on the United States side of the United States-Mexico border; (iii) address the most urgent public health and environmental needs, as determined by the heads of the Regional offices for Regions 6 and 9 of the Environmental Protection Agency; and (iv) maximize sustainable practices, such as water reuse and water recycling, natural and green infrastructure, water efficiency, and conservation. (f) Terms and conditions The Administrator may establish such terms and conditions on assistance provided under the program as the Administrator determines appropriate. (g) Cost share The Administrator may establish a Federal share requirement for any project carried out using any assistance provided under this section on an individual project basis. (h) Regional allocations The amounts made available to carry out this section shall be made available in equal amounts for use by the Regional offices for Regions 6 and 9 of the Environmental Protection Agency. IV Miscellaneous 401. Role of the Commissioner and international agreements (a) Wastewater and stormwater authority The Commissioner may study, design, construct, operate, and maintain projects to manage, improve, and protect the quality of wastewater, stormwater runoff, and other untreated flows in the Tijuana River watershed and the New River watershed. (b) Tijuana and New River projects within the United States The Secretary, acting through the Commissioner, shall— (1) construct, operate, and maintain projects that— (A) are on a priority list developed under section 104(c) or 204(c); (B) are within the United States; and (C) improve the water quality of the Tijuana River watershed or the New River watershed, as applicable; and (2) use available funds, including funds received under this Act, to construct, operate, and maintain the projects described in paragraph (1). (c) Agreements with Mexico The Secretary, acting through the Commissioner, may execute an agreement with the appropriate official or officials of the Government of Mexico for— (1) the joint study and design of stormwater control and water quality projects; and (2) on approval of the necessary plans and specifications of the projects described in paragraph (1), the construction, operation, and maintenance of those projects by the United States and Mexico, in accordance with the treaty relating to the utilization of the waters of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and supplementary protocol, signed at Washington February 3, 1944 (59 Stat. 1219), between the United States and Mexico. (d) Funding A project located wholly or partially within Mexico shall be eligible for funding under the program established under section 301(b) if the project is— (1) identified under and consistent with the results of the study under subsection (c)(1); and (2) approved pursuant to subsection (c)(2). (e) Savings provision Nothing in this section limits the authority of the International Boundary and Water Commission under this Act or any other provision of law.

Border Water Quality Restoration and Protection Act

Federal Reserve Transparency Act of 2021 This bill establishes requirements regarding audits of certain financial agencies performed by the Government Accountability Office (GAO). Specifically, the bill directs the GAO to complete, within 12 months, an audit of the Federal Reserve Board and Federal Reserve banks. In addition, the bill allows the GAO to audit the Federal Reserve Board and Federal Reserve banks with respect to (1) international financial transactions; (2) deliberations, decisions, or actions on monetary policy matters; (3) transactions made under the direction of the Federal Open Market Committee; and (4) discussions or communications among Federal Reserve officers, board members, and employees regarding any of these matters.

117 S573 IS: Federal Reserve Transparency Act of 2021 U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 573 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Paul Mr. Young Mr. Barrasso Mr. Blunt Mr. Boozman Mr. Portman Mr. Lankford Mr. Lee Committee on Banking, Housing, and Urban Affairs A BILL To require a full audit of the Board of Governors of the Federal Reserve System and the Federal reserve banks by the Comptroller General of the United States, and for other purposes. 1. Short title This Act may be cited as the Federal Reserve Transparency Act of 2021 2. Audit reform and transparency for the Board of Governors of the Federal Reserve System (a) In general Notwithstanding section 714 of title 31, United States Code, or any other provision of law, the Comptroller General of the United States shall complete an audit of the Board of Governors of the Federal Reserve System and the Federal reserve banks under subsection (b) of that section not later than 12 months after the date of the enactment of this Act. (b) Report (1) In general Not later than 90 days after the date on which the audit required pursuant to subsection (a) is completed, the Comptroller General— (A) shall submit to Congress a report on the audit; and (B) shall make the report described in subparagraph (A) available to the Speaker of the House, the majority and minority leaders of the House of Representatives, the majority and minority leaders of the Senate, the Chairman and Ranking Member of the committee and each subcommittee of jurisdiction in the House of Representatives and the Senate, and any other Member of Congress who requests the report. (2) Contents The report required under paragraph (1) shall include a detailed description of the findings and conclusion of the Comptroller General with respect to the audit that is the subject of the report, together with such recommendations for legislative or administrative action as the Comptroller General may determine to be appropriate. (c) Repeal of certain limitations Subsection (b) of section 714 of title 31, United States Code, is amended by striking the second sentence. (d) Technical and conforming amendments (1) In general Section 714 of title 31, United States Code, is amended— (A) in subsection (d)(3), by striking or (f) (B) in subsection (e), by striking the third undesignated paragraph of section 13 section 13(3) (C) by striking subsection (f). (2) Federal Reserve Act Subsection (s) (relating to Federal Reserve Transparency and Release of Information 12 U.S.C. 248 (A) in paragraph (4)(A), by striking has the same meaning as in section 714(f)(1)(A) of title 31, United States Code means a program or facility, including any special purpose vehicle or other entity established by or on behalf of the Board of Governors of the Federal Reserve System or a Federal reserve bank, authorized by the Board of Governors under section 13(3), that is not subject to audit under section 714(e) of title 31, United States Code (B) in paragraph (6), by striking or in section 714(f)(3)(C) of title 31, United States Code, the information described in paragraph (1) and information concerning the transactions described in section 714(f) of such title, the information described in paragraph (1) (C) in paragraph (7), by striking and section 13(3)(C), section 714(f)(3)(C) of title 31, United States Code, and , section 13(3)(C), and

Federal Reserve Transparency Act of 2021

Marie Thompson Antilynching Act This bill establishes a new criminal civil rights violation for lynching. Specifically, a person who conspires to commit a hate crime act and willfully causes or attempts to cause serious bodily injury is subject to criminal penalties.

117 S575 IS: Marie Thompson Antilynching Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 575 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Paul Committee on the Judiciary A BILL To provide Federal criminal penalties for lynching. 1. Short title This Act may be cited as the Marie Thompson Antilynching Act 2. Lynching (a) Offense Chapter 13 250. Lynching Whoever conspires with another person to violate section 249 and willfully causes or attempts to cause serious bodily injury (as defined in section 1365(h)) shall be punished in the same manner as a completed violation of such section, except that if the maximum term of imprisonment for such completed violation is less than 10 years, the person may be imprisoned for not more than 10 years. . (b) Table of sections amendment The table of sections for chapter 13 section 249 250. Lynching. .

Marie Thompson Antilynching Act

Great Lakes Winter Commerce Act of 2021 This bill directs the U.S. Coast Guard to conduct icebreaking operations in the Great Lakes in accordance with specific performance standards. Specifically, the Coast Guard must keep channels and harbors in the Great Lakes open to navigation not less than 90% of the hours that commercial vessels and ferries attempt to transit ice-covered waterways; and in a year in which the Great Lakes are not open to navigation because of ice of a thickness that occurs on average only once every 10 years, keep channels and harbors open to navigation at least 70% of the hours that commercial vessels and ferries attempt to transit ice-covered waterways. Additionally, the Coast Guard must establish and maintain a database for collecting, archiving, and disseminating data on icebreaking operations and commercial vessel transit in the Great Lakes during ice season. The bill also directs the Coast Guard to acquire a Great Lakes icebreaker that is at least as capable as Coast Guard Cutter Mackinaw. The Government Accountability Office must submit to Congress a report on the Coast Guard Great Lakes icebreaking program.

116 S576 IS: Great Lakes Winter Commerce Act of 2021 U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 576 IN THE SENATE OF THE UNITED STATES March 3, 2021 Ms. Baldwin Mr. Young Mr. Peters Committee on Commerce, Science, and Transportation A BILL To amend title 14, United States Code, to require the Coast Guard to conduct icebreaking operations in the Great Lakes to minimize commercial disruption in the winter months, and for other purposes. 1. Short title This Act may be cited as the Great Lakes Winter Commerce Act of 2021 2. Great Lakes icebreaking operations (a) In general Subchapter IV of chapter 5 564. Great Lakes icebreaking operations (a) Icebreaking operations The Commandant shall conduct icebreaking operations in the Great Lakes in accordance with the standard for icebreaking operations under subsection (b). (b) Standard for icebreaking operations In carrying out subsection (a)— (1) except as provided in paragraph (2), the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation not less than 90 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways; and (2) in a year in which the Great Lakes are not open to navigation because of ice of a thickness that occurs on average only once every 10 years, the Coast Guard shall keep ice-covered waterways in the Great Lakes open to navigation at least 70 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways. (c) Report to Congress (1) Deadline Not later than July 1 of each year, the Commandant shall submit to Congress a report on the icebreaking operations conducted by the Coast Guard in the Great Lakes for the fiscal year. (2) Content The report required under paragraph (1) shall include the total number of hours that United States icebreakers conducted icebreaking operations in each of the types of Great Lakes waters described in paragraph (3) and the total number of hours that Canadian icebreakers conducted icebreaking operations in the type of Great Lakes waters described in subparagraphs (3)(A) and (3)(C). (3) Types of Great Lakes waters The types of waters described in this paragraph are— (A) United States waters, excluding waters described in subparagraph (C); (B) Canadian waters, excluding waters described in subparagraph (C); and (C) frequent border crossing waters. (d) Coordination with industry The Commandant shall coordinate Great Lakes icebreaking operations with operators of commercial vessels. (e) Definitions In this section: (1) Commercial vessel The term commercial vessel (2) Great Lakes The term Great Lakes (A) has the meaning given such term in section 118 of the Federal Water Pollution Control Act ( 33 U.S.C. 1268 (B) includes harbors. (3) Ice-covered waterway The term ice-covered waterway (4) Open to navigation The term open to navigation (5) Reasonable demands of commerce The term reasonable demands of commerce (6) Frequent border crossing waters The term frequent border crossing waters (A) Whitefish Bay in Lake Superior; (B) the St. Mary’s River; (C) the Detroit and St. Clair rivers system; and (D) Western Lake Erie from the Detroit River to Pelee Passage. . (b) Clerical amendment The table of analysis for chapter 5 564. Great Lakes icebreaking operations. . (c) Report Not later than the first July 1 after the first winter in which the Commandant of the Coast Guard is subject to the requirements of section 564 of title 14, United States Code, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the cost to the Coast Guard of meeting the requirements of such section. 3. Great Lakes icebreaker acquisition (a) Authorization Section 8107(a) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 ( Public Law 116–283 $160,000,000 $350,000,000 (b) Exemption Notwithstanding sections 1105(a)(2), 1131, and 1132 of title 14, United States Code, and the requirements in the Competition in Contracting Act ( 10 U.S.C. 2304 Public Law 116–283

Great Lakes Winter Commerce Act of 2021

West Coast Ocean Protection Act of 2021 This bill prohibits the Department of the Interior from issuing a lease for the exploration, development, or production of oil or natural gas in any area of the Outer Continental Shelf off the coast of California, Oregon, or Washington.

117 S58 IS: West Coast Ocean Protection Act of 2021 U.S. Senate 2021-01-27 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. 58 IN THE SENATE OF THE UNITED STATES January 27, 2021 Mrs. Feinstein Mr. Padilla Mr. Wyden Mr. Merkley Mrs. Murray Ms. Cantwell Mr. Menendez Mr. Booker Mr. Markey Mr. Sanders Committee on Energy and Natural Resources A BILL To amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer Continental Shelf off the coast of California, Oregon, and Washington. 1. Short title This Act may be cited as the West Coast Ocean Protection Act of 2021 2. Prohibition of oil and gas leasing on the outer Continental Shelf off the coast of California, Oregon, and Washington Section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 (q) Prohibition of Oil and Gas Leasing in Certain Areas of the Outer Continental Shelf Notwithstanding any other provision of this section or any other law, the Secretary shall not issue a lease for the exploration, development, or production of oil or natural gas in any area of the outer Continental Shelf off the coast of the State of California, Oregon, or Washington. .

West Coast Ocean Protection Act of 2021

Affordable Housing Redevelopment Act This bill reauthorizes the Neighborhood Stabilization Program for FY2021 to provide grants to states, local governments, and nonprofit entities for the conversion of blighted, abandoned, or foreclosed property into affordable housing for low-income families.

117 S580 IS: Affordable Housing Redevelopment Act U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 580 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mrs. Feinstein Committee on Banking, Housing, and Urban Affairs A BILL To reauthorize the Neighborhood Stabilization Program, and for other purposes. 1. Short title This Act may be cited as the Affordable Housing Redevelopment Act 2. Findings Congress finds that— (1) even before the economic hardship caused by the COVID–19 pandemic, the United States faced a shortage of more than 7,000,000 affordable rental homes to meet the needs of extremely low-income renters; (2) due to financial burdens and loss of income resulting from the pandemic, millions of people in the United States are at risk of eviction or foreclosure, and the need for affordable housing is expected to increase dramatically; (3) homelessness is projected to rise by as much as 45 percent across the United States as a result of the pandemic and economic crisis, meaning nearly 1,000,000 people in the United States could be experiencing homelessness in the very near future; (4) in addition to making long-term investments in the affordable housing stock in the United States, it is also critically important to focus resources on more immediate solutions, such as acquiring and rehabilitating existing buildings and placing affordability requirements on the housing that is produced; (5) acquisition and rehabilitation provides two distinct advantages by lowering per-unit construction costs and making affordable housing units available to low-income households much faster; (6) in addition to rehabilitation of residential properties, there are opportunities for adaptive reuse and the conversion of non-residential office and retail properties to create new affordable housing in communities across the United States; and (7) helping States, local governments, and nonprofit organizations acquire blighted, abandoned, vacant, foreclosed, or surplus properties and convert them into affordable housing will allow for the rapid development of new affordable units, while stimulating local economies and creating jobs. 3. Definitions In this Act: (1) Eligible entity The term eligible entity (A) a State, a city, county, or other political subdivision of a State, a consortium of political subdivisions of a State, a Tribal government, a public housing authority, or a redevelopment agency; or (B) any nonprofit entity or consortium of nonprofit entities, which may submit an application for a grant under this section in partnership with a for-profit entity. (2) Secretary The term Secretary 4. Reauthorization of Neighborhood Stabilization Program (a) Authorization of funds (1) In general There is authorized to be appropriated to the Secretary $1,500,000,000 for fiscal year 2021, to remain available until expended, for the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 ( 42 U.S.C. 5301 Public Law 110–289 (2) Applicability of provisions (A) In general Except as otherwise provided in this section, the provisions under the second undesignated paragraph under the heading community development fund community planning and development department of housing and urban development Public Law 111–5 42 U.S.C. 5301 Public Law 110–289 (B) Certain criteria not applicable The fourth proviso in the second undesignated paragraph described in subparagraph (A) of this paragraph (relating to grantees in areas with foreclosures and the ability to expend funding within a certain period) shall not apply with respect to the emergency assistance authorized under paragraph (1) of this subsection. (b) Grants; application (1) In general The Secretary shall award grants under this section to eligible entities through a competitive process. (2) Criteria Not later than 75 days after the date of enactment of this Act, the Secretary shall publish the criteria for awarding grants under this section. (3) Application An eligible entity desiring a grant under this section shall submit to the Secretary an application— (A) in such manner and containing such information as the Secretary may require; (B) that demonstrates a capacity to execute projects and leverage potential, and any other additional factors as determined by the Secretary; and (C) not later than 200 days after the date of enactment of this Act. (4) Preference The Secretary shall award preference to an application for a grant under this section to applicants that submit proposals— (A) to provide assistance in areas with high levels of cost-burdened households; (B) to provide assistance in rural areas; (C) to provide assistance in communities that have adopted local land-use policies, building codes, or related regulations that favor greater housing production, such as— (i) allowing greater density near public transportation lines; (ii) establishing by-right development; (iii) eliminating off-street parking requirements; (iv) granting density bonuses; (v) employing inclusionary zoning; (vi) relaxing minimum lot sizes; (vii) authorizing conversion of commercial properties into mixed-use and residential properties; or (viii) other local land-use policies, building codes, or related regulations that favor greater housing production; (D) to provide assistance in areas that are in close proximity to high-frequency public transportation; or (E) that have a higher proportion of affordable units for households with incomes that are less than 50 percent of the area median income. (5) Diversity In awarding grants under this section, the Secretary shall ensure a geographic diversity of grantees from across the United States. (c) Use of funds (1) In general A recipient of a grant under this section— (A) shall use grant funds to purchase blighted, abandoned, vacant, foreclosed, or surplus property and convert the property into affordable housing, which shall serve individuals and families with a household income that does not exceed the area median income; (B) may use grant funds for mixed-use development projects, conversion of non-residential office and retail properties, and other redevelopment requiring changes to land use restrictions; and (C) shall, to the maximum extent feasible— (i) provide for the hiring of employees who reside in the vicinity, as such term is defined by the Secretary, of projects funded under this section; or (ii) contract with small business concerns owned and controlled by socially and economically disadvantaged individuals (as defined in section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) (2) Set aside for extremely low-income and very low-income families Not less than 25 percent of the affordable housing described in paragraph (1) shall service individuals and families with a household income that does not exceed 50 percent of the area median income. (3) Affordability periods (A) In general The affordability period for housing assisted under this section— (i) with respect to rental housing or housing with resale restrictions, shall be not less than 30 years, beginning on project completion; and (ii) with respect to housing with recapture restrictions, shall be not less than 10, 20, or 30 years in accordance with the affordability period requirements under section 93.305 of title 24, Code of Federal Regulations, or any successor regulation. (B) Longer periods permitted Nothing in subparagraph (A) shall be construed to prohibit a recipient of a grant under this section from establishing a longer affordability period than is required under that subparagraph. (4) Deadline for expending funds A recipient of a grant under this section shall expend— (A) not less than 50 percent of allocated funds under this section not later than 3 years after the date on which the funds become available to the grantee for obligation; and (B) 100 percent of allocated funds under this section not later than 6 years after the date on which the funds become available to the grantee for obligation. (d) Technical assistance (1) In general The Secretary may use not more than 2 percent of the funds made available under this section to provide technical assistance to grantees under this section. (2) Sense of Congress It is the sense of Congress that, to the extent practicable, the Secretary shall provide technical assistance directly to grantees under this section. (e) Deadline for awarding funds The Secretary shall award all grant funds authorized under this section not later than 1 year after the date of enactment of this Act. (f) Existing regulations Except to the extent that a regulation is in conflict with the provisions of this Act, the regulations applicable to the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under title III of division B of the Housing and Economic Recovery Act of 2008 ( 42 U.S.C. 5301 Public Law 110–289

Affordable Housing Redevelopment Act

Federal Death Penalty Prohibition Act This bill prohibits the imposition of a death penalty sentence for a violation of federal law. A person sentenced to death before enactment of this bill must be resentenced.

117 S582 IS: Federal Death Penalty Prohibition Act U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 582 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Durbin Mr. Leahy Mr. Booker Mr. Markey Mr. Murphy Ms. Warren Mr. Van Hollen Ms. Hirono Mr. Kaine Ms. Smith Mr. Merkley Mr. Sanders Mr. Brown Mr. Schatz Ms. Klobuchar Mrs. Gillibrand Mr. Ossoff Ms. Baldwin Committee on the Judiciary A BILL To prohibit the imposition of the death penalty for any violation of Federal law, and for other purposes. 1. Short title This Act may be cited as the Federal Death Penalty Prohibition Act 2. Prohibition on imposition of death sentence (a) In General Notwithstanding any other provision of law, no person may be sentenced to death or put to death on or after the date of enactment of this Act for any violation of Federal law. (b) Persons Sentenced Before Date of Enactment Notwithstanding any other provision of law, any person sentenced to death before the date of enactment of this Act for any violation of Federal law shall be resentenced.

Federal Death Penalty Prohibition Act

Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021 or the PRICE Act of 2021 This bill directs the Management Directorate of the Department of Homeland Security (DHS) to publish an annual report on a DHS website on projects that have used innovative procurement techniques within DHS to accomplish specified goals. Such goals are improving or encouraging better competition, reducing time to award, achieving cost savings, achieving better mission outcomes, or meeting the goals for contracts awarded to small business concerns. The Management Directorate shall (1) develop and disseminate guidance and offer training for specified personnel concerning when and how to use such techniques, and (2) share best practices across DHS and make available to other federal agencies information to improve procurement methods and training. The Office of Federal Procurement Policy shall convene a Chief Acquisition Officers Council to examine best practices for acquisition innovation in contracting in the federal government.

117 S583 ES: Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS 1st Session S. 583 IN THE SENATE OF THE UNITED STATES AN ACT To promote innovative acquisition techniques and procurement strategies, and for other purposes. 1. Short title This Act may be cited as the Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021 PRICE Act of 2021 2. Findings Congress finds that— (1) small business participation in the Federal marketplace is key to ensuring a strong industrial base; (2) the Business Opportunity Development Reform Act of 1988 ( Public Law 100–656 (3) each year, the Small Business Administration works with each Federal agency to set their respective contracting goals and publishes a scorecard to ensure that the total of all Federal agency goals meets the required targets for the Federal Government; (4) the Department has received among the highest scorecard letter grades 10 years in a row and is the largest Federal agency to have such a track record; (5) in virtually every segment of the economy of the United States, including the homeland security community, there are small businesses working to support the mission and playing a critical role in delivering efficient and innovative solutions to the acquisition needs of the Federal Government; (6) the Procurement Innovation Lab of the Department— (A) is aimed at experimenting with innovative acquisition techniques across the Homeland Security Enterprise; (B) provides a forum to test new ideas, share lessons learned, and promote best practices; (C) fosters cultural changes that promote innovation and managed risk taking through a continuous cycle of testing, obtaining feedback, sharing information, and retesting where appropriate; and (D) aims to make the acquisition process more smooth and innovative within the construct of the Federal Acquisition Regulation for both the Federal Government and contractors; and (7) despite progress in the adoption of new and better business practices by many Federal agencies, the overall adoption of modernized business practices and advanced technologies across the Federal Government remains slow and uneven. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Small Business of the House of Representatives. (3) Council The term Council (4) Department The term Department (5) Homeland Security Enterprise The term Homeland Security Enterprise 6 U.S.C. 661(h) (6) Scorecard The term scorecard 15 U.S.C. 644 (7) Secretary The term Secretary (8) Small business The term small business (A) a qualified HUBZone small business concern, a small business concern, a small business concern owned and controlled by service-disabled veterans, or a small business concern owned and controlled by women, as those terms are defined in section 3 of the Small Business Act ( 15 U.S.C. 632 (B) a small business concern owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) (C) a small business concern unconditionally owned by an economically disadvantaged Indian tribe or an economically disadvantaged Native Hawaiian organization that qualifies as a socially and economically disadvantaged small business concern, as defined in section 8(a)(4) of the Small Business Act ( 15 U.S.C. 637(a)(4) (9) Under Secretary The term Under Secretary 4. Procurement Innovation Lab report (a) Report The Under Secretary shall publish an annual report on a website of the Department on Procurement Innovation Lab projects that have used innovative techniques within the Department to accomplish— (1) improving or encouraging better competition; (2) reducing time to award; (3) cost savings; (4) better mission outcomes; or (5) meeting the goals for contracts awarded to small business concerns under section 15(g) of the Small Business Act ( 15 U.S.C. 644(g) (b) Education The Under Secretary shall develop and disseminate guidance and offer training for contracting officers, contracting specialists, program managers, and other personnel of the Department, as determined appropriate by the Under Secretary, concerning when and how to use the innovative procurement techniques of the Department. (c) Best practices The Under Secretary shall share best practices across the Department and make available to other Federal agencies information to improve procurement methods and training, as determined appropriate by the Under Secretary. (d) Sunset This section shall cease to be effective on the date that is 3 years after the date of enactment of this Act. 5. Council (a) Establishment Not later than 45 days after the date of enactment of this Act, the Administrator shall convene the Council to examine best practices for acquisition innovation in contracting in the Federal Government, including small business contracting in accordance with the goals established under section 15(g) of the Small Business Act ( 15 U.S.C. 644(g) (b) Working group The Council may form a working group to address the requirements of this section, which, if formed, shall— (1) be chaired by the Administrator or a designee of the Administrator; and (2) be composed of— (A) the Chief Procurement Officer of the Department; (B) Council members from— (i) the General Services Administration; (ii) the Department of Defense; (iii) the Department of the Treasury; (iv) the Department of Veterans Affairs; (v) the Department of Health and Human Services; (vi) the Small Business Administration; and (vii) such other Federal agencies as determined by the chair of the Council from among Federal agencies that have demonstrated significant, sustained progress using innovative acquisition practices and technologies, including for small business contracting, during each of the 3 years preceding the date of enactment of this Act; and (C) other employees, as determined appropriate by the chair of the Council, of Federal agencies with the requisite senior experience to make recommendations to improve Federal agency efficiency, effectiveness, and economy, including in promoting small business contracting. (c) Duties of the Council The Council, or a working group formed under subsection (b), shall— (1) convene not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council submits the report required under subsection (d)(1); and (2) conduct outreach with the workforce and the public in meeting the requirements under subsection (d)(1). (d) Report (1) In general Not later than 1 year after the date of enactment of this Act, the Council shall submit to the appropriate congressional committees a report that describes— (A) innovative acquisition practices and applications of technologies that have worked well in achieving better procurement outcomes, including increased efficiency, improved program outcomes, better customer experience, and meeting or exceeding the goals under section 15(g) of the Small Business Act ( 15 U.S.C. 644(g) (B) steps to identify and adopt transformational commercial business practices, modernized data analytics, and advanced technologies that allow decision making to occur in a more friction-free buying environment and improve customer experience; and (C) any recommendations for statutory changes to accelerate the adoption of innovative acquisition practices. (2) Briefing Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate congressional committees on the means by which the findings and recommendations of the report have been disseminated under paragraph (3). (3) Publication and dissemination of report findings To promote more rapid adoption of acquisition best practices, the Administrator shall— (A) publish the report required under paragraph (1) on the website of the Office of Management and Budget and on the Innovation Hub on the Acquisition Gateway or any successor Government-wide site available for increasing awareness of resources dedicated to procurement innovation; and (B) encourage the head of each Federal agency to maintain a site on the website of the Federal agency for acquisition and contracting professionals, program managers, members of the public, and others as appropriate that is— (i) dedicated to acquisition innovation; and (ii) identifies— (I) resources, including the acquisition innovation advocate and industry liaison of the Federal agency; (II) learning assets for the workforce, including the findings and recommendations made in the report required under paragraph (1); (III) events to build awareness and understanding of innovation activities; (IV) award recognition programs and recent recipients; and (V) upcoming plans to leverage innovative practices and technologies. (e) Experts In carrying out the duties of the Council under this section, the Council is encouraged to consult with governmental and nongovernmental experts. (f) Termination The duties of the Council as set forth in this section shall terminate 30 days after the date on which the Council conducts the briefing required under subsection (d)(2). Passed the Senate July 29, 2021. Secretary

Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act of 2021

United States Anti-Doping Agency Reauthorization Act of 2021 This bill authorizes appropriations for the U.S. Anti-Doping Agency (USADA) through FY2030. The bill adds requirements that USADA be responsible for certifying in advance any testing conducted by international organizations under the World Anti-Doping Code for international amateur athletes and athletic competitions occurring within the jurisdiction of the United States; and promote a positive youth sport experience by using a portion of its funding to provide educational materials on sportsmanship, character building, and healthy performance for those participating in youth sports. The bill requires any action taken by USADA to enforce a policy, procedure, or requirement against a person with respect to a violation of federal law, including an investigation, disciplinary action, sanction, or any other administrative action, to be carried out in a manner that provides due process protection. The Department of Justice, the Department of Homeland Security, and the Food and Drug Administration must provide to USADA information relating to the prevention of the use of performance-enhancing drugs or the prohibition of performance-enhancing methods.

117 S585 IS: United States Anti-Doping Agency Reauthorization Act of 2021 U.S. Senate 2021-03-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 585 IN THE SENATE OF THE UNITED STATES March 3, 2021 Mr. Moran Mr. Blumenthal Committee on Commerce, Science, and Transportation A BILL To reauthorize the United States Anti-Doping Agency, and for other purposes. 1. Short title This Act may be cited as the United States Anti-Doping Agency Reauthorization Act of 2021 2. Findings Congress makes the following findings: (1) The United States Anti-Doping Agency— (A) is the independent national anti-doping organization of the United States; and (B) manages the anti-doping program, results management processes, drug reference resources, and athlete education for all United States Olympic Committee-recognized national governing bodies and the athletes and events of such national governing bodies. (2) The United States Anti-Doping Agency contributes to the advancement of clean sport through scientific research, anti-doping education, and outreach programs, and the mission of the United States Anti-Doping Agency is to preserve the integrity of competition and protect the rights of athletes. (3) Participation in youth sports has the potential to equip young athletes with important skills and values necessary for success in life, and it is essential that the culture of youth sports emphasizes such skills and values. (4) The TrueSport program of the United States Anti-Doping Agency partners with youth sport organizations across the United States to promote sportsmanship, character building, and healthy performance through the use of targeted educational materials designed to promote a positive youth sport experience. (5) In modifying the authority of the United States Anti-Doping Agency to include the promotion of the positive values of youth sport, Congress sends a strong signal that the goals of youth sport should include instilling in young athletes the values of integrity, respect, teamwork, courage, and responsibility. (6) Due to the unique leadership position of the United States in the global community, adequate funding of the anti-doping and clean sport programs of the United States Anti-Doping Agency is imperative to the preparation for the 2028 Summer Olympic Games, which will be held in Los Angeles, California. (7) Increased appropriations for fiscal years 2022 through 2030 would enable the United States Anti-Doping Agency to directly affect the integrity and well-being of sport, both domestically and internationally. 3. Modifications of authority Section 701 of the Office of National Drug Control Policy Reauthorization Act of 2006 ( 21 U.S.C. 2001 (1) in subsection (b)— (A) by amending paragraph (1) to read as follows: (1) (A) serve as the independent anti-doping organization for the amateur athletic competitions recognized by the United States Olympic and Paralympic Committee; (B) be responsible for certifying in advance any testing conducted by international organizations under the World Anti-Doping Code for international amateur athletes and athletic competitions occurring within the jurisdiction of the United States; and (C) be recognized worldwide as the independent national anti-doping organization for the United States; ; (B) in paragraph (4), by striking the period at the end and inserting ; and (C) by adding at the end the following: (5) promote a positive youth sport experience by using a portion of the funding of the United States Anti-Doping Agency to provide educational materials on sportsmanship, character building, and healthy performance for the athletes, parents, and coaches who participate in youth sports. ; and (2) by adding at the end the following: (c) Due process in arbitration proceedings Any action taken by the United States Anti-Doping Agency to enforce a policy, procedure, or requirement of the United States Anti-Doping Agency against a person with respect to a violation of Federal law, including an investigation, a disciplinary action, a sanction, or any other administrative action, shall be carried out in a manner that provides due process protection to the person. . 4. Authorization of appropriations Section 703 of the Office of National Drug Control Policy Reauthorization Act of 2006 ( 21 U.S.C. 2003 703. Authorization of appropriations There are authorized to be appropriated to the United States Anti-Doping Agency— (1) for fiscal year 2022, $15,500,000; (2) for fiscal year 2023, $16,200,000; (3) for fiscal year 2024, $16,900,000; (4) for fiscal year 2025, $17,700,000; (5) for fiscal year 2026, $18,500,000; (6) for fiscal year 2027, $19,800,000; (7) for fiscal year 2028, $22,100,000; (8) for fiscal year 2029, $24,900,000; and (9) for fiscal year 2030, $23,700,000. . 5. Information sharing Except as otherwise prohibited by law and except in cases in which the integrity of a criminal investigation would be affected, pursuant to the obligation of the United States under Article 7 of the United Nations Educational, Scientific, and Cultural Organization International Convention Against Doping in Sport done at Paris October 19, 2005, and ratified by the United States in 2008, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Food and Drugs shall provide to the United States Anti-Doping Agency any relevant information relating to the prevention of the use of performance-enhancing drugs or the prohibition of performance-enhancing methods.

United States Anti-Doping Agency Reauthorization Act of 2021

Securing Inspector General Independence Act of 2021 This bill limits the circumstances under which the President or certain agency heads may remove an Inspector General or place an Inspector General on non-duty status. Before an Inspector General may be removed, Congress must be given a detailed account of the reasons for the removal and the Inspector General shall remain on the job for 30 days while Congress considers those reasons.

117 S587 IS: Securing Inspector General Independence Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 587 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Grassley Mr. Peters Mr. Portman Mr. Carper Mr. Lankford Ms. Hassan Mr. Romney Mr. Tester Ms. Collins Mrs. Feinstein Mr. Wicker Ms. Sinema Committee on Homeland Security and Governmental Affairs A BILL To amend the Inspector General Act of 1978 to provide that the President or certain agency heads may remove an Inspector General, or place an Inspector General on non-duty status, only if certain conditions are satisfied, and for other purposes. 1. Short title This Act may be cited as the Securing Inspector General Independence Act of 2021 2. Removal or transfer of Inspectors General; placement on non-duty status (a) In general The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 3(b)— (A) by inserting (1)(A) (b) (B) in paragraph (1), as so designated— (i) in subparagraph (A), as so designated, in the second sentence— (I) by striking reasons substantive rationale, including detailed and case-specific reasons, (II) by inserting (including to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and any other congressional committee that has jurisdiction with respect to that Inspector General) Houses of Congress (ii) by adding at the end the following: (B) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under that subparagraph shall— (i) identify each entity that is conducting, or that conducted, the inquiry; and (ii) in the case of a completed inquiry, contain the findings made during the inquiry. ; and (C) by adding at the end the following: (2) (A) Subject to the other provisions of this paragraph, only the President may place an Inspector General on non-duty status. (B) If the President places an Inspector General on non-duty status, the President shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and any other congressional committee that has jurisdiction with respect to that Inspector General) not later than 15 days before the date on which the change in status takes effect, except that the President may submit that communication on the date on which the change in status takes effect if— (i) the President has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and (ii) in the communication, the President includes a report on the determination described in clause (i), which shall include— (I) a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the President has determined applies under clause (i) of this subparagraph; (II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i); (III) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and (IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry. (C) The President may not place an Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (1)(A) unless the President— (i) has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and (ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and any other congressional committee that has jurisdiction with respect to that Inspector General) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph. (D) For the purposes of this paragraph— (i) the term Inspector General (I) means an Inspector General who was appointed by the President, without regard to whether the Senate provided advice and consent with respect to that appointment; and (II) includes the Inspector General of an establishment, the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, the Special Inspector General for Afghanistan Reconstruction, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery; and (ii) a reference to the removal or transfer of an Inspector General under paragraph (1), or to the written communication described in that paragraph, shall be considered to be— (I) in the case of the Inspector General of the Intelligence Community, a reference to section 103H(c)(4) of the National Security Act of 1947 ( 50 U.S.C. 3033(c)(4) (II) in the case of the Inspector General of the Central Intelligence Agency, a reference to section 17(b)(6) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(b)(6) (III) in the case of the Special Inspector General for Afghanistan Reconstruction, a reference to section 1229(c)(6) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (IV) in the case of the Special Inspector General for the Troubled Asset Relief Program, a reference to section 121(b)(4) of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5231(b)(4) (V) in the case of the Special Inspector General for Pandemic Recovery, a reference to section 4018(b)(3) of the CARES Act ( 15 U.S.C. 9053(b)(3) ; and (2) in section 8G(e)— (A) in paragraph (1), by inserting or placement on non-duty status a removal (B) in paragraph (2)— (i) by inserting (A) (2) (ii) in subparagraph (A), as so designated, in the first sentence— (I) by striking reasons substantive rationale, including detailed and case-specific reasons, (II) by inserting (including to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and any other congressional committee that has jurisdiction with respect to that Inspector General) Houses of Congress (iii) by adding at the end the following: (B) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under that subparagraph shall— (i) identify each entity that is conducting, or that conducted, the inquiry; and (ii) in the case of a completed inquiry, contain the findings made during the inquiry. ; and (C) by adding at the end the following: (3) (A) Subject to the other provisions of this paragraph, only the head of the applicable designated Federal entity (referred to in this paragraph as the covered official (B) If a covered official places an Inspector General on non-duty status, the covered official shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and any other congressional committee that has jurisdiction with respect to that Inspector General) not later than 15 days before the date on which the change in status takes effect, except that the covered official may submit that communication on the date on which the change in status takes effect if— (i) the covered official has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and (ii) in the communication, the covered official includes a report on the determination described in clause (i), which shall include— (I) a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the covered official has determined applies under clause (i) of this subparagraph; (II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i); (III) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and (IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry. (C) A covered official may not place an Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2)(A) unless the covered official— (i) has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and (ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and any other congressional committee that has jurisdiction with respect to that Inspector General) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph. (D) Nothing in this paragraph may be construed to limit or otherwise modify— (i) any statutory protection that is afforded to an Inspector General; or (ii) any other action that a covered official may take under law with respect to an Inspector General. . (b) Technical and conforming amendment Section 12(3) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting except as otherwise expressly provided, the term 3. Vacancy in position of Inspector General (a) In general Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (h) (1) In this subsection— (A) the term first assistant to the position of Inspector General (i) an individual who, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position— (I) is serving in a position in that Office; and (II) has been designated in writing by the Inspector General, through an order of succession or otherwise, as the first assistant to the position of Inspector General; or (ii) if the Inspector General has not made a designation described in clause (i)(II)— (I) the Principal Deputy Inspector General of that Office, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position; or (II) if there is no Principal Deputy Inspector General of that Office, the Deputy Inspector General of that Office, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position; and (B) the term Inspector General (i) means an Inspector General who is appointed by the President, by and with the advice and consent of the Senate; and (ii) includes the Inspector General of an establishment, the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery. (2) If an Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position— (A) section 3345(a) of title 5, United States Code, and section 103(e) of the National Security Act of 1947 ( 50 U.S.C. 3025(e) (B) subject to paragraph (4), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and (C) notwithstanding subparagraph (B), and subject to paragraphs (4) and (5), the President (and only the President) may direct an officer or employee of any Office of an Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code, only if— (i) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the Inspector General, the officer or employee served in a position in an Office of an Inspector General for not less than 90 days, except that— (I) the requirement under this clause shall not apply if the officer is an Inspector General; and (II) for the purposes of this subparagraph, performing the functions and duties of an Inspector General temporarily in an acting capacity does not qualify as service in a position in an Office of an Inspector General; (ii) the rate of pay for the position of the officer or employee described in clause (i) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule; (iii) the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and (iv) not later than 30 days before the date on which the direction takes effect, the President communicates in writing to both Houses of Congress (including to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and any other congressional committee that has jurisdiction with respect to that Inspector General) the substantive rationale, including the detailed and case-specific reasons, for such direction, including the reason for the direction that someone other than the individual who is performing the functions and duties of the Inspector General temporarily in an acting capacity (as of the date on which the President issues that direction) perform those functions and duties temporarily in an acting capacity. (3) Notwithstanding section 3345(a) of title 5, United States Code, section 103(e) of the National Security Act of 1947 ( 50 U.S.C. 3025(e) (A) the first assistant to the position of Inspector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and (B) if the first assistant described in subparagraph (A) dies, resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President) may direct an officer or employee in that Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of section 3346 of title 5, United States Code, if— (i) that direction satisfies the requirements under clauses (ii), (iii), and (iv) of paragraph (2)(C); and (ii) that officer or employee served in a position in that Office of Inspector General for not fewer than 90 of the 365 days preceding the date on which the President makes that direction. (4) An individual may perform the functions and duties of an Inspector General temporarily and in an acting capacity under subparagraph (B) or (C) of paragraph (2), or under paragraph (3), with respect to only 1 Inspector General position at any given time. (5) If the President makes a direction under paragraph (2)(C), during the 30-day period preceding the date on which the direction of the President takes effect, the functions and duties of the position of the applicable Inspector General shall be performed by— (A) the first assistant to the position of Inspector General; or (B) the individual performing those functions and duties temporarily in an acting capacity, as of the date on which the President issues that direction, if that individual is an individual other than the first assistant to the position of Inspector General. . (b) Rule of construction Nothing in the amendment made by subsection (a) may be construed to limit the applicability of sections 3345 through 3349d of title 5, United States Code (commonly known as the Federal Vacancies Reform Act of 1998 (c) Effective date (1) Definition In this subsection, the term Inspector General section 3 (2) Applicability (A) In general Except as provided in subparagraph (B), this section, and the amendments made by this section, shall take effect on the date of enactment of this Act. (B) Existing vacancies If, as of the date of enactment of this Act, an individual is performing the functions and duties of an Inspector General temporarily in an acting capacity, this section, and the amendments made by this section, shall take effect with respect to that Inspector General position on the date that is 30 days after the date of enactment of this Act. 4. Office of Inspector General whistleblower complaints (a) Whistleblower Protection Coordinator Section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in clause (i), in the matter preceding subclause (I), by inserting , including employees of that Office of Inspector General employees (2) in clause (iii), by inserting (including the Integrity Committee of that Council) and Efficiency (b) Council of the Inspectors General on Integrity and Efficiency Section 11(c)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking , allegations of reprisal, and allegations of reprisal (including the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal that are internal to an Office of Inspector General)

Securing Inspector General Independence Act of 2021

Addressing Climate Financial Risk Act of 2021 This bill establishes the Climate Risk Advisory Committee that must consult with the Financial Stability Oversight Council of the Department of the Treasury regarding a report on the impact of climate risk on U.S. financial stability. Additionally, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the National Credit Union Administration must include climate risk in the guidance provided to a supervised financial institution.

117 S588 IS: Addressing Climate Financial Risk Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 588 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mrs. Feinstein Ms. Cortez Masto Mr. Padilla Mr. Schatz Ms. Warren Mr. Heinrich Mr. Merkley Committee on Banking, Housing, and Urban Affairs A BILL To establish the Advisory Committee on Climate Risk on the Financial Stability Oversight Council. 1. Short title This Act may be cited as the Addressing Climate Financial Risk Act of 2021 2. Advisory Committee on Climate Risk (a) In general Subtitle A of the Financial Stability Act of 2010 ( 12 U.S.C. 5321 12 U.S.C. 5331 121A. Advisory Committee on Climate Risk (a) Establishment There is established in the Council the Climate Risk Advisory Committee, which shall— (1) consult with the Council in the drafting by the Council of an annual report on climate risk required under subsection (e) and other climate risk matters; and (2) meet with the Council not less frequently than once per year. (b) Membership (1) In general The Committee shall consist of the following members: (A) Four members who are climate science experts, of whom— (i) 1 shall be appointed by the Secretary of Energy; (ii) 1 shall be appointed by the Administrator of the Environmental Protection Agency; and (iii) 2 shall be appointed by the Director of the National Science Foundation. (B) Eight members who are experts in climate economics or climate financial risk appointed by the Council, of whom not fewer than 1 member is each an expert in— (i) insurance; (ii) capital markets; (iii) banking; (iv) international financial markets; (v) housing; and (vi) the perspective of asset owners. (2) Prohibition No member of the Committee may be employed by a company within the jurisdiction of a member agency of the Council. (c) Term The members of the Committee shall be appointed for 3-year terms, except that the initial terms of the first members of the Committee shall be staggered so that— (1) 4 members serve terms of 3 years; (2) 4 members serve terms of 2 years; and (3) 4 members serve terms of 1 years. (d) Consultation The Council shall consult with the Committee in carrying out the requirements of this section. (e) Report on climate financial risk Not later than 270 days after the date of enactment of this section, the Council shall, in coordination with the Committee and the Deputies Committee of the Council, publish a report that— (1) assesses— (A) the potential impact of climate risk on the financial stability of the United States; (B) the extent to which Federal and State financial regulatory agencies have sufficient expertise on climate risk; (C) the quality of data available to Council members to properly assess climate financial risk and any gaps in data that exist; (D) the extent to which supervised financial institutions are engaging in sound climate risk management; (E) the degree of coordination among Federal and State financial regulatory agencies on climate risk; (F) the degree of coordination by Federal and State financial regulatory agencies with international financial regulatory authorities on climate financial risk; (G) how U.S. climate financial risk disclosure requirements compare to climate financial risk disclosure regimes in other countries and to other regimes that are available; and (H) any other areas the Council believes are important; and (2) provides recommendations based on the assessments in paragraph (1) to Federal and State financial regulatory agencies and to Congress on how to improve the ability of the financial regulatory system in the United States to identify and mitigate climate financial risk. (f) Member agencies Each member agency should develop and make publicly available a strategy to identify and mitigate climate financial risk within the jurisdiction of the member agency. (g) Coordination The Council should— (1) facilitate the sharing of best practices on climate financial risk across agencies; and (2) assign the Office of Financial Research to conduct ongoing research into climate financial risk. (h) Inclusion in annual report The Council shall include a section on climate financial risk in— (1) the annual report of the Council to Congress; and (2) if relevant, in any other report to Congress. . (b) Technical and conforming amendment The table of contents of the Dodd-Frank Wall Street Reform and Consumer Protection Act in section 1(b) of that Act is amended by inserting after the item relating to section 121 the following: Sec. 121A. Advisory Committee on Climate Risk. . 3. Update on supervisory guidance on climate risk (a) Definition In this section, the term Federal banking agency 12 U.S.C. 5301 (b) Update Each Federal banking agency and the National Credit Union Administration shall update applicable supervisory guidance to include climate risk, including credit, liquidity, market, operational, and reputational risk to ensure that supervised financial institutions appropriately identify and mitigate climate financial risk. (c) Coordination The Federal Financial Institutions Examination Council shall ensure that the guidance updated under subsection (b) is— (1) appropriately coordinated among the Federal banking agencies and the National Credit Union Administration; and (2) shared with State regulators. 4. Update nonbank SIFI designation guidance The Financial Stability Oversight Council shall update subpart B of part 1310 of title 12, Code of Federal Regulations, to specify how the Council will incorporate climate risk into determinations described in that subpart. 5. FIO report on insurance regulation and climate risk Not later than 1 year after the date of enactment of this Act, the Federal Insurance Office shall publish a report that— (1) assesses the potential impact of climate financial risk on the insurance sector in the United States; and (2) recommends ways to modernize and improve the system of climate risk insurance regulation in the United States. 6. Improve global coordination It is the sense of Congress that relevant Federal financial regulatory agencies and the Department of the Treasury, if relevant, should— (1) join the Network for Greening the Financial System and other international organizations focused on climate financial risk; (2) formally join the Task Force on Climate-Related Financial Risks of the Basel Committee on Banking Supervision; and (3) work with international regulators on climate financial risk whenever possible, consistent with United States law.

Addressing Climate Financial Risk Act of 2021

Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021This bill makes various changes with respect to the administration of multiemployer pension plans. Among other provisions, the bill allows qualified multiemployer plans to apply for special partition assistance from the Pension Benefit Guaranty Corporation (PBGC). Partition assistance generally authorizes the PBGC to take financial responsibility for a portion of the liabilities of a plan at risk of insolvency. Subject to certain exceptions and conditions, special partition assistance expands eligibility for partition assistance and does not require plans to repay the amount of assistance received. The bill also revises the PBGC rules for determining whether a plan is insolvent and the procedures for terminating a plan that fails to meet certain standards. Additionally, the bill sets forth the discount rates used to estimate a plan's future benefit payment obligations, which affect an employer's minimum contribution to the plan. It also establishes a stable funding status and an unrestricted funding status and revises the criteria for plans that are in endangered, critical, and critical and declining statuses. Finally, the bill establishes rules for new composite plans. Composite plans provide annuity benefits to plan participants, establish fixed contributions from employers, and require realignment measures if the plan's projected funded ratio falls below 120%. A composite plan's projected funded ratio is the actuarial projection of the plan's assets compared to liabilities as of the first plan day of the 15th plan year following a given plan year.

117 S589 IS: Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 589 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Grassley Committee on Finance A BILL To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to reform the treatment of multiemployer plans, to ensure the ability of the Pension Benefit Guaranty Corporation to provide guaranteed benefits of retirees, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Restructuring pension insurance for multiemployer defined benefit pension plans Subtitle A—Special partitions of eligible multiemployer plans Sec. 101. Special partitions of eligible multiemployer plans. Subtitle B—PBGC reforms Sec. 111. Guarantee rate increase for plans receiving financial assistance. Sec. 112. Amendment to definition of insolvency. Sec. 113. Termination of multiemployer plans. Sec. 114. Benefits under certain terminated plans. Subtitle C—Pension insurance modeling Sec. 121. Pension insurance modeling. TITLE II—Funding rules, withdrawal liability, and other reforms Subtitle A—Minimum funding standard for multiemployer plans Sec. 201. Valuation of plan liabilities. Subtitle B—Additional funding rules for multiemployer plans Part I—Plan status amendments Sec. 211. Amendments to Internal Revenue Code of 1986. Sec. 212. Amendments to Employee Retirement Income Security Act of 1974. Sec. 213. Transition rules. Part II—Provisions relating to plan mergers Sec. 221. Provisions relating to plan mergers and consolidations. Sec. 222. Clarification of PBGC financial assistance for plan mergers and partitions. Sec. 223. Restoration not required for certain mergers. Part III—Withdrawal liability reform Sec. 231. Withdrawal liability reform. TITLE III—Plan governance, disclosure, and other reforms for multiemployer defined benefit pension plans Subtitle A—Plan governance and operations for multiemployer plans Sec. 301. Independent trustees. Sec. 302. Investigatory authority. Sec. 303. Conditions on financial assistance. Sec. 304. Excise tax on excess compensation of covered employees of partitioned multiemployer plans. Subtitle B—Reportable events for multiemployer plans Sec. 311. Reportable events. Subtitle C—Funding notices to participants in multiemployer plans Sec. 321. Improved multiemployer plan disclosure. Sec. 322. Penalties for failure to provide notices. Subtitle D—Consistency of criminal penalties Sec. 331. Consistency of criminal penalties. TITLE IV—Other multiemployer plan reforms Sec. 401. Clarification of fiduciary duty of retiree representative who is a trustee. Sec. 402. Safe harbors. Sec. 403. Clarification of notice and comment process. Sec. 404. Protection of participants receiving disability benefits. Sec. 405. Model notice. TITLE V—Alternative plan structures Sec. 501. Composite plans. Sec. 502. Application of certain requirements to composite plans. Sec. 503. Treatment of composite plans under title IV. Sec. 504. Conforming changes. Sec. 505. Effective date. TITLE VI—Financial provisions Sec. 601. Additional premiums. Sec. 602. Funding. Sec. 603. Composite plan transition fee. I Restructuring pension insurance for multiemployer defined benefit pension plans A Special partitions of eligible multiemployer plans 101. Special partitions of eligible multiemployer plans (a) In general Title IV of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1301 4233A. Special partitions of eligible multiemployer plans (a) In general (1) Requirement to order partition Upon the application by the plan sponsor of an eligible multiemployer plan described in subsection (b) for a partition of the plan, the corporation shall order a partition of the plan in accordance with this section, provided the other requirements in this section are met. The corporation shall make a determination regarding the application not later than 150 days after the date such application was filed (or, if later, the date such application was completed) in accordance with regulations that shall be issued by the corporation under subsection (h). (2) Notification of participants Not later than 30 days after submitting an application for partition of a plan under paragraph (1), the plan sponsor of the plan shall notify the participants and beneficiaries of such application, in the form and manner prescribed by the corporation. (3) Implementation of transfer The corporation shall implement the partition order issued under this section not later than 60 days after the completion of the corporation’s determination under paragraph (1). (4) Filing date of application Partitions under this section shall apply only with respect to any eligible multiemployer plan whose plan sponsor files an application that is determined by the corporation to be complete pursuant to regulations issued by the corporation under subsection (h)(1) and that is filed by the later of the time specified in such regulations or 1 year after the corporation issues such regulations. (b) Eligible multiemployer plan For purposes of this section— (1) In general The term eligible multiemployer plan (A) The plan became insolvent (as described in section 4245(b), as in effect the day before the date of enactment of this section) on or after December 16, 2014, and prior to the date of enactment of this section and has not terminated. (B) The plan— (i) (I) was certified, in the most recent annual certification filed pursuant to section 305(b)(3) (as in effect on the day before the date of enactment of this section) before the date of enactment of this section, to be in critical and declining status (as defined in section 305(b)(6), as so in effect), and has not terminated as of such date; (II) implemented a suspension of benefits under section 305(e)(9) (as in effect on the day before the date of enactment of this section) prior to the date of enactment of this section; (III) (aa) was certified, in the most recent annual certification filed pursuant to section 305(b)(3) (as so in effect) before the date of enactment of this section, to be in critical status (as defined in section 305(b)(2), as so in effect), and has not terminated as of such date; (bb) has a funded percentage that is less than 40 percent on a current liability basis, based on the most recent Form 5500, Schedule MB, line 1b(1) for current value of assets and line 1d(2)(a) for current liability, filed before the date of enactment of this section; and (cc) has an active to inactive participant ratio that is below 40 percent as of the most recent Form 5500 filed before the date of enactment of this section; or (IV) (aa) was certified, in the most recent annual certification filed pursuant to section 305(b)(3) (as so in effect) before the date of enactment of this section, to be in critical status (as defined in section 305(b)(2), as so in effect) and has not terminated before such date; (bb) has an active to total participant ratio that is below 20 percent as of the most recent Form 5500 filed before the date of enactment of the section; and (cc) has more than 100,000 participants as of the most recent Form 5500 filed before the date of enactment of the section; and (ii) is not the plan described in section 9701(a)(3) (2) Eligible plans required to file for partition (A) In general An eligible multiemployer plan (other than a plan eligible under paragraph (1)(B)(i)(II)) shall file with the corporation for partition under this section. If an eligible plan required under the preceding sentence to file for partition does not so file in a timely manner, the plan is subject to termination under section 4042. (B) Exception If a plan is reasonably determined to be ineligible for future adjustments under subsection (j)(3)(C)(iii)— (i) subparagraph (A) shall not apply to such plan; and (ii) such plan may withdraw the partition application (or, as provided by the corporation in regulations, not submit such application at all). (c) Conditions for partition (1) Rate of accruals (A) In general As a condition of any partition under this section, the rate of future accruals, during the period beginning on the date of the partition order and ending 15 years after the effective date of the partition, shall not exceed the lesser of— (i) a monthly benefit (payable as a single life annuity commencing at the participant’s normal retirement age) equal or equivalent to 1 percent of the annual contributions required to be made with respect to a participant as of the first day of the first plan year that begins after the date of enactment of this section; or (ii) the accrual rate under the plan on such first day. (B) Determination of equivalent rate The plan sponsor may determine the equivalent rate of future accruals based on the standard or average contribution base units which the plan sponsor determines to be representative for active participants and such other factors as the plan sponsor determines to be relevant. Such determinations by the plan sponsor may be made on the basis of individual active participants, groups of active participants, or all active participants in total. (C) Special rule for future accruals To the extent that the rate of future accruals exceeds the limitation determined under this paragraph, the plan sponsor shall adjust the rate of future accruals in accordance with this paragraph effective as of the date of the partition order. (2) Elimination of adjustable benefits As a condition of any partition under this section, the plan sponsor of an eligible multiemployer plan shall eliminate all adjustable benefits in the nature of an early retirement subsidy (including a subsidized early retirement actuarial reduction factor) for all participants not in pay status as of the date of the partition application. Nothing in this paragraph shall affect the right of a participant to receive an unsubsidized early retirement benefit. (d) Successor plans and original plans (1) In general The plan created by the partition order is a successor plan to which section 4022A applies. (2) Plan sponsor and plan administrator The plan sponsor of an eligible multiemployer plan prior to partition and the administrator of such plan shall be the plan sponsor and the administrator, respectively, of the original plan and the successor plan created by the partition order. (3) Original plan The remaining plan after benefits have been transferred to the successor plan pursuant to the partition order is the original plan. Benefit payments made by the successor plan shall not constitute a reduction in benefits with respect to the original plan. (e) Financial assistance to successor plans from the corporation (1) In general Upon approval of an application filed pursuant to subsection (i), the corporation shall provide financial assistance to each successor plan of an eligible multiemployer plan. (2) Nonapplicability of repayment rule Financial assistance provided to a successor plan pursuant to this subsection shall not be subject to the requirements of section 4261(b)(2), except that the corporation may condition receipt of financial assistance under this subsection on reasonable terms consistent with regulations prescribed by the corporation to prevent abuse of the multiemployer plan program or prevent unreasonable risk of loss to the corporation. (f) Payment requirements of original plan For each participant or beneficiary of the plan whose benefit or portion thereof was transferred to the successor plan, the original plan shall pay a monthly benefit to such participant or beneficiary for each month in which such benefit is in pay status following the effective date of such partition in an amount equal to the excess of— (1) the monthly benefit that would be paid to the participant or beneficiary under the terms of the original plan had the transfer of benefits not occurred (taking into account any applicable benefit reductions or plan amendments following the effective date of the partition); over (2) the monthly benefit for such participant or beneficiary that is paid by the successor plan. (g) Transfer of benefits (1) In general A partition order under subsection (a) shall provide for a transfer of benefits from the original plan to the successor plan in the amount necessary for the original plan to be projected to remain solvent indefinitely, as defined in section 1.432(e)(9)–1(d)(5)(ii) of title 26, Code of Federal Regulations (excluding subparagraph (A)(2)), as in effect on the date on which such regulations were issued, using actuarial and other assumptions to be promulgated by the corporation in the regulations described in subsection (h)(4). Such transfer amounts shall be determined without respect to the amount guaranteed under section 4022A. (2) Considerations (A) In general In determining the transfer amount under paragraph (1), the corporation shall take into account all obligations of the original plan, including the payment of benefits required under subsection (f) in excess of the amount paid by the successor plan and all plan expenses and premium amounts. (B) Projection of assets and liabilities The amount of the transfer of benefits shall be based on a projection of plan assets and liabilities to the projected partition date, as specified in the partition application, and— (i) the projection of plan assets shall be based on the fair market value of plan assets as of the end of the last plan year preceding the date of the application, with appropriate adjustments for actual or anticipated plan experience through the projected partition date; and (ii) the projection of plan liabilities shall be based on the participant data used in the most recently completed actuarial valuation. (3) Special rule for insolvent plans With respect to an insolvent plan described in subsection (b)(1)(A), the corporation shall provide financial assistance to the original plan, as needed for the plan to pay to each participant and beneficiary in the successor plan the excess, if any, of— (A) the monthly benefit that would be paid to the participant or beneficiary under the terms of the original plan, prior to insolvency, had the transfer of benefits not occurred (taking into account any applicable benefit reductions or plan amendments following the effective date of the partition); over (B) the monthly benefit for such participant or beneficiary that is paid by the successor plan. (h) Regulations (1) In general The corporation shall issue regulations on the requirements for partition applications not later than 180 days after the date of enactment of this section. By regulation, the corporation may assign eligible multiemployer plans into groups, based on plan size (prioritizing larger plans), projected date of plan insolvency (prioritizing plans expected to become insolvent within 5 years), or such other factors as the corporation deems appropriate, for determining when an application for partition under this section may be filed. Any regulations issued under this section shall be interim final or final regulations. (2) Effect of no regulation If the corporation does not issue regulations within 180 days after the date of enactment of this section, any applications for partition under this section filed after the date that is 180 days after such date of enactment (and prior to the date regulations are issued) shall be deemed to be approved. (3) Rules for determining participants and beneficiaries The regulations under this subsection shall include rules for determining which participants and beneficiaries are included in the transfer of benefits. (4) Actuarial assumptions The regulations under this subsection shall prescribe acceptable actuarial assumptions, for purposes of an application, relating to the following: (A) Future investment returns which must be consistent with the applicable discount rate under section 304, except that— (i) in no case shall the assumption for future returns be less than 5.5 percent for purposes of determining the initial partition amount; and (ii) in no case, while the partition amount is being determined or while the partition is in effect, shall the assumption used for determining adjustments under subsection (j) be less than the lesser of— (I) the rate equal to the 24-month average of the third segment rate (as defined in section 303(h)(2)(C)(iii)), as of the date the determination is made, without regard to section 303(h)(2)(C)(iv), increased by 2 percent; or (II) 5.5 percent. (B) Future contribution base units. (C) Future contribution rate increases, taking into account the adopted rehabilitation plan. (D) Future withdrawal liability payments. (E) Future administrative expenses. (F) Mortality. (G) Any other assumptions deemed by the corporation to be material. (5) Rules relating to assumptions (A) Information required For purposes of paragraph (4), when prescribing acceptable actuarial assumptions, the corporation shall not require a plan sponsor to obtain data or other information that a plan sponsor should not reasonably be expected to have in its possession, unless it can be obtained with reasonable effort and expense. (B) Economic activity assumption For purposes of paragraph (4)(B), an assumption related to future contribution base units shall be considered reasonable and appropriate for purposes of the application under this section, provided that— (i) if the recent experience of the plan has been declining contribution base units, the plan actuary may assume future contribution base units will continue to decline at the same annualized trend as over the 5 immediately preceding plan years unless such assumption is unreasonable based on criteria which may be prescribed by the corporation by regulation, and (ii) if the recent experience of the plan has been increasing, or neither increasing nor decreasing, contribution base units, the plan actuary may assume future contribution base units will remain unchanged indefinitely, unless such assumption is unreasonable based on criteria the corporation may prescribe. (6) Determination of benefits guarantees The regulations under this subsection shall include rules for determining the amounts of benefits guaranteed under section 4022A, including acceptable methods to approximate credited service for participants and beneficiaries in pay status where records cannot reasonably be obtained by the plan administrator. (i) Partition applications (1) In general An application for partition under this section submitted by a plan sponsor shall be filed electronically and contain the required information set forth in regulations promulgated by the corporation. (2) Approval standards The corporation shall approve a partition application if the applying plan meets the requirements for a partition under this section. (3) Evaluation of initial transfer In reviewing an application under this section, the plan shall propose the initial amount of the transfer of benefits under the partition order that is required under subsection (g)(1) and the corporation shall review and modify the amount, if applicable, pursuant to its regulations. (4) Determinations by the corporation (A) Determination of ineligibility If the corporation determines the plan to be ineligible under subsection (b) for a partition under this section, the corporation shall notify the plan sponsor in writing of such determination not later than 30 days after the application is filed. Such notice shall specify the reasons the plan is ineligible for a special partition. The applicant plan will have a period of at least 60 days, or longer if specified by the Corporation through regulations, to modify its application, which shall be subject to expedited review by the corporation and, for purposes of satisfying the 1-year filing requirement for special partition, will relate back to the date the application was initially filed. (B) Incomplete applications If the corporation determines the application by the plan sponsor lacks information necessary for the corporation to approve or deny the application, the corporation shall notify the plan sponsor in writing, detailing which components are missing, not later than 30 days after the application is filed. Nothing in the preceding sentence shall prevent the corporation from asking the plan sponsor at a later date for additional information necessary to determine the partition amount. (C) Factual submissions by plan sponsor The factual submissions made by a plan sponsor in a partition application, including participant data and benefit calculations, shall be presumed to be correct, unless clearly erroneous. (j) Post-Partition adjustments (1) Process for adjustments (A) In general After benefits have been transferred under the partition order, the corporation shall, at least every third year thereafter, adjust the transfer of benefits, as necessary to enable the original plan to be projected to remain solvent indefinitely, consistent with limitations on guaranteed benefits (if applicable under paragraph (3)(C)). The adjustments shall be made based on such procedures as the corporation shall prescribe by regulation. (B) Plans projected to be insolvent If the original plan is not projected to be solvent 30 years after any adjustment review date (without regard to whether or not an adjustment takes place in connection with such date), taking into account the adjustments permitted by this paragraph, such plan shall electronically file a report with the corporation, as the corporation shall require by regulation. If the plan subsequently reports for 3 consecutive years for which an adjustment review is conducted that the plan is not projected to be solvent 30 years after the date of each such adjustment review, the plan shall be terminated. (2) Basis for adjustment The adjustment shall be based solely on, as applicable, updated participant data, calculations of guaranteed benefits for participants and beneficiaries covered under the successor plan, contribution experience, current actuarial assumptions (if changed since the initial transfer of benefits), and changes in the market value of the original plan's assets. (3) Limitations on adjustment (A) In general The corporation shall not adjust under paragraph (1) the transfer of benefits to provide additional financial assistance if the corporation determines that the original plan or the bargaining parties committed an abuse of the multiemployer program with respect to the original plan or otherwise unreasonably took actions (or avoided taking actions) with the result that there is an increased risk of loss to the corporation with respect to the successor plan or the original plan. (B) End of adjustment authority No adjustments under paragraph (1) to the transfer of benefits shall be allowed with respect to any plan year beginning 30 or more years after the date of the partition. (C) Aggregate limits If the initial transfer of benefits from the plan under subsection (g)— (i) was less than 100 percent of the amount of benefits under the plan guaranteed under section 4022A for each participant, any adjustment under paragraph (1) shall not result in a benefit for any participant in the successor plan in excess of 100 percent of the participant's guaranteed benefit, determined as of the date of the initial transfer; (ii) was equal to or greater than 100 percent of the amount of benefits so guaranteed, any adjustment under paragraph (1) shall not result in a benefit for any participant in the successor plan in excess of the amount of the participant's benefit subject to the initial transfer; and (iii) was less than 5 percent of the amount of benefits so guaranteed, there shall be no adjustment under paragraph (1). (4) Terminated and insolvent plans With respect to an original plan partitioned under this section that subsequently is terminated or becomes insolvent, the benefits transferred under the partition order shall revert to the original plan, the partition shall be reversed, and financial assistance provided pursuant to the partition order shall cease. (5) Regulations The corporation shall promulgate regulations describing the process and requirements for reporting and the circumstances under which plans will be terminated in accordance with the provisions of section 4041A pursuant to this subsection. (k) Plans that implemented suspension of benefits (1) In general An eligible multiemployer plan described in subsection (b)(1)(B)(i)(II) may be approved for a partition under this section only if it unwinds the suspension, and, if applicable, the previous partition described in such subsection in accordance with regulations to be issued by the corporation, in consultation with the Secretary of the Treasury. The unwinding of a suspension or partition described in such subsection must be contingent upon the corporation's approval of the application for partition under this section. (2) Timing of unwinding of suspension of benefits In the case of a partition described in paragraph (1), the suspension of benefits shall be unwound retroactively. Benefits shall be restored to pre-suspension levels as of the effective date of the partition under this section and participants who are receiving benefits on the date of enactment of this section shall, beginning not later than 180 days after the approval of a partition order under this section, receive a special payment, payable over a period not to exceed 2 years, equal to the amount of benefits previously suspended as prescribed in regulations. Such plans are subject to the requirements of subsection (c). (l) Fiduciary protection Plan participants and beneficiaries shall not have a claim under section 409 or section 502 of this Act against plan fiduciaries with respect to an application for partition assistance made in good faith or the allocation of benefit liabilities between the successor plan and the original plan. (m) Effect of partition on withdrawal liability (1) In general A partition order under this section is taken into account in determining withdrawal liability under section 4201 of an employer that contributes to the original plan, provided that the employer remains a contributing employer to the original plan (and in compliance with any applicable funding improvement or rehabilitation plan) for a period of 15 years following the effective date of the liability transfer. (2) Withdrawals after less than 15 years (A) In general If an employer completely withdraws or partially withdraws from a plan that was partitioned under this section at any time within the 15-year period described in paragraph (1), the transfer of benefits under subsection (g) shall not be taken into account in computing the employer’s complete or partial withdrawal liability, and the amount of the annual withdrawal liability payment amount otherwise determined shall be increased by 10 percent. (B) Exception Subparagraph (A) shall not apply— (i) if the complete or partial withdrawal is due to a decertification, a change in bargaining representatives, disclaimer of interest, or because of an event described in section 4218; or (ii) in the case of a partial withdrawal due to a bargaining unit or facility take-out if the contribution base units for the plan year immediately following the year of the partial withdrawal are at least 97 percent of the contribution base units for the plan year immediately preceding the year of the partial withdrawal. (3) Exception Paragraphs (1) and (2) shall not apply to an employer that first had an obligation to contribute to the plan partitioned under this section after the date of enactment of this section. (n) Restrictions on benefit improvements (1) Increase in plan liabilities (A) In general If the plan sponsor adopts a plan amendment that increases plan liabilities (due to any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable) that takes effect after the effective date of the partition, the original plan shall make payments to the corporation for each year during the 20-year period following the effective date of the benefit increase. For purposes of this paragraph, an increase in benefits due to an increase in the contribution rate or compensation shall be considered a prohibited increase in benefits. (B) Exception for certain accruals Subparagraph (A) shall not apply to any change in future accruals after the end of the 15-year period during which such accruals are limited under subsection (c). (2) Amount payable to corporation The amount paid by the original plan to the corporation under paragraph (1) each year shall be equal to the lesser of— (A) the total value of the increase in benefit payments for the year that is attributable to the benefit improvement; or (B) the total benefit payments from the successor plan for such year. (3) Timing of payment Payments under paragraph (2) shall be made by the original plan at the time of, and in addition to, any premium imposed by the corporation on the plan. (4) PBGC Authority The corporation is authorized to bring an action against the original plan to prevent or correct any and all actions by plan sponsors, a principal purpose of which is to evade or avoid payments due to the corporation under paragraph (2), or that may have the effect of evading or avoiding such payments. Payments under paragraph (2) shall be determined without regard to such actions by plan sponsors. (5) Exception for certain changes The requirements of this subsection do not apply to an increase or change in benefits that is required by law or that is a de minimis change, as determined by the corporation. (o) Post-Partition disclosures Not later than 90 days after the first day of each plan year beginning after the effective date of a partition under this section, the plan sponsor of the original plan shall electronically file with the corporation a report including the following information: (1) The estimated funded percentage (as defined in section 305(k)(2)) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage. (2) The estimated amount of all investment returns for the original plan during the preceding plan year. (3) The market value of the assets of the plan (determined as provided in paragraph (1)) as of the last day of the plan year preceding such plan year. (4) The total value of all contributions made by employers and employees during the plan year preceding such plan year. (5) The total value of all benefits paid during the plan year preceding such plan year. (6) Cash flow projections for such plan year and the 29 succeeding plan years, and the assumptions used in making such projections. (7) Funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions used in making such projections. (8) Any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction. (9) A list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions. (10) A list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability. (11) Any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year, and whether such changes relate to the conditions of the partition assistance. (12) Details regarding any funding improvement plan or rehabilitation plan and updates to such plan. (13) The number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries. (14) For— (A) the first plan year after the effective date of the partition, a list of all employers that contributed to the plan during the plan year; and (B) subsequent plan years, changes to the list of contributing employers. (15) The information contained on the most recent annual return under section 6058 (16) Copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, financial reports, and copies of the portions of collective bargaining agreements relating to plan contributions, funding coverage, or benefits, and such other information as the corporation may reasonably require. (17) A list of the employers that contributed more than 5 percent of total contributions to the plan during the preceding plan year, and the amount contributed by each such employer. Any information or documentary material submitted to the corporation pursuant to this subsection that could identify individual employers, if clearly designated by the person making the submission as confidential (on each page in the case of a document, and in the file name in the case of a digital file), shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public except as may be relevant to any administrative or judicial action or proceeding, including an informal rulemaking. (p) Restrictions on contribution decreases (1) In general Subject to paragraph (2), except in any plan year in which the plan is certified by the plan actuary as in unrestricted status pursuant to section 305(b)(1)(B), the plan sponsor of an original plan may not accept a collective bargaining agreement with respect to such original plan that includes a reduction in employer contribution rates. (2) Exception Under a process to be promulgated by regulation by the corporation, a plan sponsor of an original plan may petition the corporation for the authority to approve a collective bargaining agreement that contemplates a reduction in employer contribution rates. Such regulation shall include a requirement that a plan petitioning for such authority demonstrate that its existing contribution rates are higher than contribution rates paid on behalf of other workers covered by collective bargaining agreements in the same industry in nearby localities. The corporation shall approve the petition if the plan sponsor demonstrates that the reduction in contribution rates improves the long-term funding or solvency of the plan, and does not increase the corporation's expected loss with respect to the plan. (q) Effect on accumulated funding deficiency Any accumulated funding deficiency (as defined in section 304(a)) of a plan shall be reduced to zero as of the first day of the plan year during which the partition under this section is effective. (r) Coordination of reporting and disclosure requirements The corporation, the Secretary, and the Secretary of the Treasury may, individually or collectively, promulgate regulations to reduce reporting and disclosure obligations for successor plans, including coordinating with reporting and disclosure by original plans. . (b) Conforming amendment Section 4233 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1413 (g) This section shall not apply to an eligible multiemployer plan described in section 4233A(b) that receives a special partition under that section. . (c) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 4233A. Special partitions of eligible multiemployer plans. . B PBGC reforms 111. Guarantee rate increase for plans receiving financial assistance (a) In general Section 4022A(c)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322(c)(1) (A) 100 percent of the accrual rate up to $15, plus 75 percent of the lesser of— (i) $54.67, or (ii) the accrual rate, if any, in excess of $15, and . (b) Effective dates (1) In general The amendments made by this section shall apply to financial assistance provided by the Pension Benefit Guaranty Corporation— (A) to plans that become insolvent after the date of the enactment of this Act; or (B) pursuant to a special partition under section 4233A of the Employee Retirement Income Security Act of 1974, as added by this Act. (2) Exception for partitions on or before date of enactment The amendments made by this section shall not apply to financial assistance provided by the Pension Benefit Guaranty Corporation pursuant to a partition of a multiemployer plan occurring on or before the date of the enactment of this Act. 112. Amendment to definition of insolvency (a) Amendments to Employee Retirement Income Security Act of 1974 Section 4245 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1426 (1) by amending subsection (a) to read as follows: (a) Notwithstanding sections 203 and 204, an insolvent multiemployer plan shall suspend the payments of benefits which are not basic benefits, in accordance with this section, and terminate the plan under section 4041A(a)(4). ; (2) in subsection (b)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) a multiemployer plan is insolvent if the plan’s available resources in any of the next 5 plan years are projected not to be sufficient to pay benefits under the plan when due for the plan year; ; (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (C) in paragraph (2), as so redesignated, by inserting expected contributions (3) by striking subsection (c); (4) by redesignating subsections (d) through (g) as subsections (c) through (f), respectively; (5) in subsection (c), as so redesignated— (A) in paragraph (1)— (i) by striking critical status, as described in subsection 305(b)(2),) such critical status) (ii) by striking 3 times 10 times (iii) by striking 5 plan years 8 plan years (B) in paragraph (2)— (i) by striking plan's available resources are not sufficient to pay benefits under the plan when due for the next plan year plan will be insolvent in any of the next 10 plan years (ii) by inserting and the corporation (C) by striking paragraph (3); and (D) by redesignating paragraph (4) as paragraph (3); (6) in subsection (d), as so redesignated— (A) in paragraph (1)— (i) by striking subsection (d)(1) or (2) subsection (c)(1) or (2) (ii) by striking Treasury, Treasury and (B) in paragraph (2)— (i) by striking resource benefit level determined in writing for that insolvency year reduction of benefit payments to the level of basic benefits and the termination of the plan under section 4041A(a)(4) as of the first day of the seventh full plan month of the plan’s first insolvency year under subsection (b)(3) (ii) by striking each insolvency year the first insolvency year (C) by striking paragraph (3); and (D) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; (7) in subsection (e), as so redesignated— (A) in paragraph (1) by striking , for which the resource benefit level is above the level of basic benefits, (B) by striking paragraph (2) and inserting after paragraph (1) the following new paragraph: (2) A plan sponsor who has determined that the plan's available resources for an insolvency year are below the level of basic benefits shall apply for financial assistance from the corporation under section 4261. ; and (8) in subsection (f), as so redesignated, by striking Subsections (a) and (c) Subsection (a) (b) Amendments to Internal Revenue Code of 1986 Section 418E (1) by amending subsection (a) to read as follows: (a) Suspension of certain benefit payments; termination Notwithstanding section 411, an insolvent multiemployer plan shall suspend the payments of benefits which are not basic benefits, in accordance with this section, and terminate the plan under section 4041A(a)(4) of the Employee Retirement Income Security Act of 1974. ; (2) in subsection (b)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) Insolvent multiemployer plan A multiemployer plan is insolvent if the plan’s available resources in any of the next 5 plan years are projected not to be sufficient to pay benefits under the plan when due for the plan year. ; (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (C) in paragraph (2), as so redesignated, by inserting expected contributions (3) by striking subsection (c); (4) by redesignating subsections (d) through (h) as subsections (c) through (g), respectively; (5) in subsection (c), as so redesignated— (A) in paragraph (1)— (i) by striking critical status, as described in subsection 432(b)(2)) such critical status) (ii) by striking 3 times 10 times (iii) by striking 5 plan years 8 plan years (B) in paragraph (2)— (i) by striking plan's available resources are not sufficient to pay benefits under the plan when due for the next plan year plan will be insolvent in any of the next 10 plan years (ii) by inserting and the corporation (C) by striking paragraph (3); and (D) by redesignating paragraph (4) as paragraph (3); (6) in subsection (d), as so redesignated— (A) in paragraph (1), by striking subsection (d)(1) or (2) subsection (c)(1) or (2) (B) in paragraph (2)— (i) by striking resource benefit level determined in writing for that insolvency year reduction of benefit payments to the level of basic benefits and the termination of the plan under section 4041A(a)(4) of the Employee Retirement Income Security Act of 1974 as of the first day of the seventh full plan month of the plan’s first insolvency year under subsection (b)(3) (ii) by striking each insolvency year the first insolvency year (iii) by striking Resource benefit level Notice of insolvency (C) by striking paragraph (3); and (D) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; (7) in subsection (e), as so redesignated— (A) in paragraph (1) by striking , for which the resource benefit level is above the level of basic benefits, (B) by striking paragraph (2) and inserting after paragraph (1) the following new paragraph: (2) Plans without available resources A plan sponsor who has determined that the plan’s available resources for an insolvency year are below the level of basic benefits shall apply for financial assistance from the Pension Benefit Guaranty Corporation under section 4261 of the Employee Retirement Income Security Act of 1974. ; and (8) in subsection (g), as so redesignated, by striking Subsections (a) and (c) Subsection (a) (c) Regulations The Pension Benefit Guaranty Corporation shall issue regulations implementing the amendments made by this section. Such regulations shall address the assumptions a plan may use in projecting whether a plan’s available resources in any of the next 5 plan years are projected not to be sufficient to pay benefits under the plan when due. 113. Termination of multiemployer plans (a) Termination by court order Section 4041A of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1341a (g) Effect of termination order If a court orders the termination of a multiemployer plan under section 4042— (1) the corporation shall determine whether the termination of such plan shall be carried out in accordance with paragraph (1) or (2) of subsection (a) (and such termination shall be treated as described in whichever of such paragraphs is applicable under the determination), and (2) the plan shall take such actions as the corporation determines necessary to implement the corporation's determination under paragraph (1) by such date as the corporation specifies in such determination. . (b) Termination by reason of insolvency (1) In general Section 4041A(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1341a(a) (A) in paragraph (2), by striking or (B) in paragraph (3)— (i) by striking section 4203(b)(1) section 4021(b)(1) (ii) by striking the period and inserting ; or (C) by adding at the end the following: (4) becoming insolvent (within the meaning of section 4245(b)(1)). . (2) Time of termination Section 4041A(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1341a(b) (3) Except as provided in paragraph (4), the date on which a plan terminates under paragraph (4) of subsection (a) is the first day of the seventh full plan month of the plan's first insolvency year under section 4245(b)(3). (4) (A) In the case of a multiemployer plan which is an insolvent plan on the date of enactment of this paragraph— (i) paragraph (4) of subsection (a) shall apply to such plan unless such plan applies for, and receives, a special partition under section 4233A, and (ii) the date on which plan terminates shall be determined under subparagraph (B). (B) In the case of a plan described in subparagraph (A), the date on which a plan terminates under paragraph (4) of subsection (a) is— (i) if the plan is not eligible for a special partition under section 4233A, the first day of the seventh full plan month following such date of enactment, except that such plan may, notwithstanding the amendment required to be adopted by the plan under section 4245(a), continue to provide service credit solely for purposes of vesting under the plan until such time as the plan’s available resources are not sufficient to pay benefits under the plan, and (ii) if the plan applies for such special partition but the corporation does not approve it, the first day of the seventh full plan month following the final determination of the corporation disallowing such special partition. . (3) Adoption of amendment providing for no service credit Section 4245(a) of such Act ( 29 U.S.C. 1426(a) The insolvent multiemployer plan shall also, at the time of becoming insolvent, adopt an amendment which provides that participants will receive no credit for any purpose under the plan for service with any employer after the date specified in 4041A(b)(3) or (4), whichever is applicable. (4) Other amendments Section 4041A of such Act of 1974 ( 29 U.S.C. 1341a (A) in subsection (c)— (i) in the matter preceding paragraph (1)— (I) by striking Except Consistent with the provisions of section 4281, and except (II) by striking paragraph (2) paragraph (1), (2), or (4) (ii) in paragraph (1), by striking and (iii) by redesignating paragraph (2) as paragraph (3); and (iv) by inserting after paragraph (1) the following: (2) suspend the payment of benefits in excess of the level of basic benefits, and ; (B) by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and (C) in subsection (d), as so redesignated— (i) by striking paragraph (1) or (3) paragraph (1), (3), or (4) (ii) by striking termination date, unless termination date and the total contribution amount shall be not less than the average amount of the highest 3 contributions in the previous 10 years, unless (iii) by adding at the end the following new sentence: Any liability under section 4201 due by an employer that withdraws from the plan after the plan termination date shall be offset by the contributions made under this subsection subsequent to the plan termination. (c) Pooling of assets Section 4041A of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1341a (g) Pooling of assets Notwithstanding any other provision of this title, the corporation is authorized to pool assets of terminated or insolvent multiemployer plans with fewer than 5,000 participants or to consolidate such plans by merger, for purposes of administration, investment, payment of liabilities of all such plans, and such other purposes as it determinates to be appropriate in the administration of this title, if it determines that such action would reduce administrative expenses or avoid an increased risk of loss. The corporation may exercise this consolidation authority by administrative action without petitioning a court for an order to replace the plan’s governing board of trustees, including receivership by the corporation, or to consolidate or merge any plans. . (d) Effective date The amendments made by this section shall take effect on the date of enactment of this section, except that the amendments made by subsection (b) shall also apply to multiemployer plans that are insolvent on such date. 114. Benefits under certain terminated plans Section 4281 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1441 (1) in subsection (a), by striking section 4041A(d) Section 4041A(c) (2) by striking subsections (b), (c), and (d); and (3) by inserting after subsection (a) the following: (b) (1) If a plan has been terminated pursuant to paragraph (1), (2), or (4) of section 4041A(a), the plan sponsor shall amend the plan to suspend benefits in excess of the level of basic benefits. (2) Any plan amendment required by this subsection shall, in accordance with regulations prescribed by the corporation, take effect not later than 6 months after the date on which the plan is terminated. (c) (1) The value of nonforfeitable benefits under a terminated plan described in subsection (a), and the value of the plan's assets, shall be determined in writing, in accordance with regulations prescribed by the corporation, as of the end of the plan year during which section 4041A(c) becomes applicable to such plan. (2) For purposes of this subsection, plan assets include outstanding claims for withdrawal liability (within the meaning of section 4001(a)(12). (3) If, according to the determination made under paragraph (1), the value of plan assets is sufficient to pay nonforfeitable benefits, the plan sponsor shall use the plan assets to purchase irrevocable commitments to provide such benefits from an insurer or otherwise distribute plan assets in satisfaction of the plan's obligations with respect to nonforfeitable benefits, in accordance with all applicable regulations. (d) (1) If, according to the determination made under subsection (c)(1), the value of nonforfeitable benefits exceeds the value of the plan’s assets, the plan sponsor shall amend the plan to reduce benefits under the plan as provided in paragraph (2). (2) Any plan amendment required by paragraph (1) shall, in accordance with regulations prescribed by the corporation— (A) reduce benefits to the extent necessary to eliminate any benefits that are not nonforfeitable; (B) reduce accrued benefits to the extent that those benefits are not eligible for the corporation’s guarantee under section 4022A(b); and (C) suspend payment of benefits which are not basic benefits under section 4022A(c). (e) The powers and duties under this section of a sponsor of a plan that is terminated as described in section 4041A, before or after the plan begins receiving financial assistance under section 4261, shall be prescribed by the corporation, and the corporation shall prescribe by regulation the requirements which assure that plan participants and beneficiaries receive adequate notice of any suspension of benefits. . C Pension insurance modeling 121. Pension insurance modeling Section 40233(a) of the Moving Ahead for Progress in the 21st Century Act (126 Stat. 857; Public Law 112–141 (1) in the subsection heading, by striking Annual (2) by striking The Pension Not later than January 1, 2025, and not less frequently than once every 5 years thereafter, the Pension (3) by striking an annual peer review a peer review (4) by striking the third sentence. II Funding rules, withdrawal liability, and other reforms A Minimum funding standard for multiemployer plans 201. Valuation of plan liabilities (a) Amendments to Internal Revenue Code of 1986 (1) Charges to funding standard account Subparagraph (B) of section 431(b)(2) (A) by striking and (B) by redesignating clause (iv) as clause (v), (C) by striking actuarial assumptions actuarial assumptions not described in clause (iv) (D) by inserting after clause (iii) the following new clause: (iv) separately, with respect to each plan year, an amount equal to the excess, if any, of— (I) the net increase (if any) in the unfunded past service liability resulting from a reduction in the interest rate under paragraph (6)(A) from the rate which applied for the preceding year, over (II) the amount in the investment risk reduction subaccount under paragraph (9), over a period of 30 years, and . (2) Credits to funding standard account Clause (iii) of section 431(b)(3)(B) of such Code is amended by inserting , except that any amount of net gain resulting from an increase in the interest rate from the rate which applied for the preceding year shall first be offset against any unamortized amounts charged under paragraph (2)(B)(iv) 15 plan years (3) Interest Paragraph (6) of section 431(b) of such Code is amended to read as follows: (6) Interest (A) In general The funding standard account (and items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine the unfunded past service liability. Notwithstanding any other provision of this section, the interest rate used shall not exceed— (i) 7.5 percent for actuarial valuations for plan years beginning after December 31, 2021, and before January 1, 2024, (ii) 7.25 percent for actuarial valuations for plan years beginning after December 31, 2023, and before January 1, 2028, (iii) 7.0 percent for actuarial valuations for plan years beginning after December 31, 2027, and before January 1, 2032, (iv) 6.75 percent for actuarial valuations for plan years beginning after December 31, 2031, and before January 1, 2036, and (v) 6.5 percent for actuarial valuations for plan years beginning after December 31, 2035. Notwithstanding subsection (c), the plan sponsor may direct the plan actuary to use any rate which is not lower than the rate determined under subparagraph (B) (without regard to this sentence) and not greater than the rate determined under the preceding sentence for the plan year. Nothing in this subparagraph shall require a plan to take into account the interest rate limitation for subsequent years under the preceding sentence in determining actuarial valuations as of any given year. (B) Interest rate for determining normal cost Notwithstanding any other provision of this section, the interest rate used for determining the normal cost to be charged under paragraph (2) for the plan year shall be equal to the least of— (i) the interest rate applicable under subparagraph (A) for the plan year, (ii) a rate equal to the 24-month average of the third segment rate (as defined in section 430(h)(2)(C)(iii)), as of the date the determination is made, without regard to section 430(h)(2)(C)(iv), increased by 2 percent, or (iii) 5.5 percent. (C) Exception for certain partitioned plans Notwithstanding subparagraph (A), in the case of a plan which has been partitioned under section 4233A of the Employee Retirement Income Security Act of 1974, the rate of interest used to determine normal cost under subparagraph (B) shall also be used to determine the unfunded past service liability of the plan. (D) Exception for plans using a spread-gain method Notwithstanding subparagraph (B), and except as noted in subparagraph (C), in the case of a plan which uses a funding method other than the unit credit method or entry-age normal method— (i) the normal cost and past service liability shall be calculated using interest rates under subparagraph (A), (ii) an additional normal cost component shall be calculated in the same manner as under paragraph (9)(B)(i) based on the unit credit method, and (iii) the amount determined under clause (ii) shall be added to the otherwise calculated normal cost under the funding method in lieu of the credit under paragraph (9)(B)(i). . (4) Investment risk reduction subaccount Subsection (b) of section 431 of such Code is amended by adding at the end the following new paragraph: (9) Investment risk reduction subaccount For purposes of this part— (A) In general The funding standard account shall include an investment risk reduction subaccount used solely to offset losses attributable to reductions in the rate of interest used to determine the unfunded past service liability of the plan over time. (B) Annual adjustments For a plan year, the investment risk reduction subaccount shall be— (i) credited with the net change (if any) in the normal cost for the immediately preceding plan year due to recalculation to reflect the difference in interest rates under paragraphs (6)(A) and (6)(B), (ii) charged with the amount of any reduction applied under paragraph (2)(B)(iv)(II), or, in the case of a plan using a spread-gain method, an amount equal to the lesser of— (I) the entire remaining balance of such subaccount immediately before the charge, or (II) the amount of the increase in the present value of benefits resulting from a decrease in the interest rate from the rate which applied for the preceding year, (iii) at the election of the plan sponsor, and pursuant to regulations to be issued by the Secretary, credited with the net decrease in the unfunded past service liability (or present value of benefits, in the case of a plan using a spread-gain method) resulting from an increase in the interest rate under paragraph (6)(A), not to exceed the amount of any previous charges to the account under clause (ii), reduced by any previous credits under this clause, and (iv) adjusted with interest at the rate under paragraph (6)(A), as applicable. . (5) Determinations to be made under funding method Paragraph (1) of section 431(c) of such Code is amended to read as follows: (1) Determinations to be made under funding method (A) In general For purposes of this part, normal costs, accrued liability, and experience gains and losses used to determine the unfunded past service liability for the plan shall be determined under the funding method used to determine costs under the plan and based on the interest rate under subparagraph (A) (or subparagraph (C), if applicable) of subsection (b)(6). (B) Adjustments for funding standard account normal cost Notwithstanding subparagraph (A), in the case of a plan using the unit credit funding method or the entry-age normal funding method, the normal cost for a plan year to be charged to the funding standard account under subsection (b)(2) shall be determined under the funding method used to determine costs under the plan and based on the interest rate under subsection (b)(6)(B). . (b) Amendments to Employee Retirement Income Security Act of 1974 (1) Charges to funding standard account Subparagraph (B) of section 304(b)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1084(b)(2) (A) by striking and (B) by redesignating clause (iv) as clause (v), (C) by striking actuarial assumptions actuarial assumptions not described in clause (iv) (D) by inserting after clause (iii) the following new clause: (iv) separately, with respect to each plan year, an amount equal to the excess, if any, of— (I) the net increase (if any) in the unfunded past service liability resulting from a reduction in the interest rate under paragraph (6)(A) from the rate which applied for the preceding year, over (II) the amount in the investment risk reduction subaccount under paragraph (9), over a period of 30 years, and . (2) Credits to funding standard account Clause (iii) of section 304(b)(3)(B) of such Act ( 29 U.S.C. 1084(b)(3)(B) , except that any amount of net gain resulting from an increase in the interest rate from the rate which applied for the preceding year shall first be offset against any unamortized amounts charged under paragraph (2)(B)(iv) 15 plan years (3) Interest (A) In general Paragraph (6) of section 304(b) of such Act ( 29 U.S.C. 1084(b) (6) Interest (A) In general The funding standard account (and items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine the unfunded past service liability. Notwithstanding any other provision of this section, this interest rate shall not exceed— (i) 7.5 percent for actuarial valuations for plan years beginning after December 31, 2021, and before January 1, 2024, (ii) 7.25 percent for actuarial valuations for plan years beginning after December 31, 2023, and before January 1, 2028, (iii) 7.0 percent for actuarial valuations for plan years beginning after December 31, 2027, and before January 1, 2032, (iv) 6.75 percent for actuarial valuations for plan years beginning after December 31, 2031, and before January 1, 2036, and (v) 6.5 percent for actuarial valuations for plan years beginning after December 31, 2035. Notwithstanding subsection (c), the plan sponsor may direct the plan actuary to use any rate which is not lower than the rate determined under subparagraph (B) (without regard to this sentence) and not greater than the rate determined under the preceding sentence for the plan year. Nothing in this subparagraph shall require a plan to take into account the interest rate limitation for subsequent years under the preceding sentence in determining actuarial valuations as of any given year. (B) Interest rate for determining normal cost Notwithstanding any other provision of this section, the interest rate used for determining the normal cost to be charged under paragraph (2) for the plan year shall be equal to the least of— (i) the interest rate applicable under subparagraph (A) for the plan year, (ii) a rate equal to the 24-month average of the third segment rate (as defined in section 303(h)(2)(C)(iii)), as of the date the determination is made, without regard to section 303(h)(2)(C)(iv), increased by 2 percent, or (iii) 5.5 percent. (C) Exception for certain partitioned plans Notwithstanding subparagraph (A), in the case of a plan which has been partitioned under section 4233A, the rate of interest used to determine normal cost under subparagraph (B) shall also be used to determine the unfunded past service liability of the plan. (D) Exception for plans using a spread-gain method Notwithstanding subparagraph (B), and except as noted in subparagraph (C), in the case of a plan which uses a funding method other than the unit credit method or entry-age normal method— (i) the normal cost and past service liability shall be calculated using interest rates under subparagraph (A), (ii) an additional normal cost component shall be calculated in the same manner as under paragraph (9)(B)(i) based on the unit credit method, and (iii) the amount determined under clause (ii) shall be added to the otherwise calculated normal cost under the funding method in lieu of the credit under paragraph (9)(B)(i). . (B) Conforming amendment Subparagraph (A) of section 4233A(h)(4) of such Act, as added by this Act, is amended by inserting , consistent with section 304(b)(6)(C) (4) Investment risk reduction subaccount Subsection (b) of section 304 of such Act ( 29 U.S.C. 1084 (9) Investment risk reduction subaccount For purposes of this part— (A) In general The funding standard account shall include an investment risk reduction subaccount used solely to offset losses attributable to reductions in the rate of interest used to determine the unfunded past service liability of the plan over time. (B) Annual adjustments For a plan year, the investment risk reduction subaccount shall be— (i) credited with the net change (if any) in the normal cost for the immediately preceding plan year due to recalculation to reflect the difference in interest rates under paragraphs (6)(A) and (6)(B), (ii) charged with the amount of any reduction applied under paragraph (2)(B)(iv)(II), or, in the case of a plan using a spread-gain method, an amount equal to the lesser of— (I) the entire remaining balance of such subaccount immediately before the charge, or (II) the amount of the increase in the present value of benefits resulting from a decrease in the interest rate from the rate which applied for the preceding year, (iii) at the election of the plan sponsor, and pursuant to regulations to be issued by the Secretary of the Treasury, credited with the net decrease in the unfunded past service liability (or present value of benefits, in the case of a plan using a spread-gain method) resulting from an increase in the interest rate under paragraph (6)(A), not to exceed the amount of any previous charges to the account under clause (ii), reduced by any previous credits under this clause, and (iv) adjusted with interest at the rate under paragraph (6)(A), as applicable. . (5) Determinations to be made under funding method Paragraph (1) of section 304(c) of such Act ( 29 U.S.C. 1084(c) (1) Determinations to be made under funding method (A) In general For purposes of this part, normal costs, accrued liability, and experience gains and losses used to determine the unfunded past service liability for the plan shall be determined under the funding method used to determine costs under the plan and based on the interest rate under subparagraph (A) (or subparagraph (C), if applicable) of subsection (b)(6). (B) Adjustments for funding standard account normal cost Notwithstanding subparagraph (A), in the case of a plan using the unit credit funding method or the entry-age normal funding method, the normal cost for a plan year to be charged to the funding standard account under subsection (b)(2) shall be determined under the funding method used to determine costs under the plan and based on the interest rate under subsection (b)(6)(B). . (c) Plan petitions To increase interest assumptions (1) In general Pursuant to regulations to be issued by the Secretary of the Treasury (or such Secretary's delegate), a multiemployer plan must petition the Secretary of the Treasury (or delegate) for any increase in the interest assumption made after a 30-year amortization base is established in accordance with section 431(b)(2)(B)(iv) (2) Approval If the Secretary of the Treasury (or such Secretary's delegate) does not approve or deny any petition submitted pursuant to paragraph (1) within 180 days of receiving such petition, such petition shall be deemed to have been approved. (d) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2021. B Additional funding rules for multiemployer plans I Plan status amendments 211. Amendments to Internal Revenue Code of 1986 (a) Rules applying to all multiemployer plans (1) In general Subsection (a) of section 432 (A) by striking a multiemployer plan in effect on July 16, 2006— any multiemployer plan— (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, (C) by inserting before paragraph (2), as so redesignated, the following new paragraph: (1) the rules of subsection (c) shall apply, , (D) by striking subsection (c) subsection (d) (E) by striking subsection (d) subsection (e) (F) by striking subsection (e) subsection (f) (G) by striking subsection (f) subsection (g) (H) by striking subsection (e)(9) subsection (f)(9) (2) Rules of immediate application Section 432 of such Code is amended— (A) by redesignating subsections (c), (d), (e), (f), (g), (h), (i), and (j) as subsections (d), (e), (f), (g), (h), (i), (j), and (k), respectively, and (B) by inserting after subsection (b) the following new subsection: (c) Rules applying to all multiemployer plans (1) Benefit increases (A) Increases by plan amendment The plan sponsor of any multiemployer plan shall not adopt a plan amendment which increases plan liabilities (as determined as of the date of the adoption of the amendment) due to any increase in benefits, any change in the accrual rate of benefits, or any change in the rate at which benefits become nonforfeitable, unless— (i) if the plan is in unrestricted status as of the adoption of such amendment, the plan actuary certifies in accordance with subsection (b)(4) that the increase in liabilities will not cause the plan to no longer be in unrestricted status, (ii) if the plan is in stable status as of the adoption of such amendment, the plan actuary certifies in accordance with subsection (b)(4) that any such increase or change in benefits will be paid from additional contributions not required by any collective bargaining agreement in effect as of the adoption of the amendment, (iii) if the plan is in endangered status as of the adoption of such amendment, the plan actuary certifies in accordance with subsection (b)(4) that any such increase or change in benefits will be paid from additional contributions not contemplated in any current funding improvement plan, or (iv) the increase or change in benefits is required by law or is a de minimis change. (B) Increases under critical or critical and declining status Unless required as a condition of qualification under part I of this subchapter or to comply with other applicable law, in the case of a plan which is in critical or critical and declining status, no increase in benefits, change in the accrual rate of benefits, or change in the rate at which benefits become nonforfeitable which increases plan liabilities shall take effect while the plan is in such status, without regard to whether such increase or change would otherwise occur under the provisions of the plan, unless the increase in plan liabilities due to the change is de minimis. (2) Contribution reductions The plan sponsor of any multiemployer plan shall not accept any collective bargaining agreement or participation agreement which reduces the rate of contributions under the plan for any participants, suspends contributions with respect to any period of service, or directly or indirectly excludes younger, probationary, or newly hired employees from participation in the plan, unless— (A) the plan is in unrestricted status as of the adoption of such agreement and the plan actuary certifies in accordance with subsection (b)(4) that the reduction in contributions will not cause the plan to no longer be in unrestricted status, (B) the reduction in contributions is accompanied by a reduction in future accruals for the affected participants, and the plan actuary certifies in accordance with subsection (b)(4) that the combined effect of the changes in contributions and benefits is not projected to reduce the funded percentage of the plan in any year, or (C) subject to regulations issued by the Secretary, the plan sponsor reasonably determines that the acceptance of such an agreement is in the best interests of plan participants and beneficiaries and that rejection of the agreement would have an adverse financial effect on the plan. . (3) Stable and unrestricted plans Subsection (b) of section 432 of such Code is amended— (A) by striking endangered and critical (B) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as paragraphs (2), (3), (4), (5), (6), and (7), respectively, and (C) by inserting before paragraph (2) the following new paragraph: (1) Stable and unrestricted status (A) Stable A multiemployer plan is in stable status for a plan year if, as determined by the plan actuary under paragraph (4), the plan is not in unrestricted status for the plan year, is not in endangered, critical, or critical and declining status for the plan year, and is not described in paragraph (6). (B) Unrestricted A multiemployer plan is in unrestricted status for a plan year if, as determined by the plan actuary under paragraph (4)— (i) the plan is not in endangered, critical, or critical and declining status for the plan year, (ii) the plan is not described in paragraph (6), and (iii) as of the beginning of the plan year— (I) the plan's current liability funded percentage for such plan year is at least 70 percent and the plan's projected funded percentage as of the first day of the 15th succeeding plan year is at least 115 percent, or (II) the plan's current liability funded percentage for such plan year is at least 80 percent. (C) Current liability funded percentage For purposes of this section, the term current liability funded percentage . (4) Amendment to annual certification by plan actuary Subparagraph (A) of paragraph (4) (as redesignated by paragraph (3)) of section 432(b) of such Code is amended by inserting whether or not the plan is in unrestricted or stable status for such plan year, whether or not the plan is in endangered status (5) Conforming amendments (A) Paragraphs (2) and (3) of section 432(b) of such Code, as redesignated by paragraph (3), are each amended by striking paragraph (3) paragraph (4) (B) Section 432(b)(2) of such Code, as so redesignated and amended, is further amended by striking paragraph (5) paragraph (6) (C) Section 432(b)(4) of such Code, as so redesignated, is amended— (i) by striking paragraph (4) paragraph (5) (ii) by striking subsection (e)(9) subsection (f)(9) (iii) by striking subsection (e)(3)(A)(ii) subsection (f)(3)(A)(ii) (iv) by striking subsection (e) subsection (f) (v) by striking paragraph (4) paragraph (5) (vi) by striking subsection (e)(8) subsection (f)(8) (vii) by striking paragraph (5) paragraph (6) (viii) by striking (iii) In the case of (iii) Special rule (D) Section 432(b)(5) of such Code, as redesignated by paragraph (3), is amended— (i) by striking paragraph (2) paragraph (3) (ii) by striking paragraph (3)(B)(iv) paragraph (4)(B)(iv) (iii) by striking paragraph (3) paragraph (4) (iv) by striking paragraph (3)(A) paragraph (4)(A) (v) by striking paragraph (2) paragraph (3) (vi) by striking subsection (e)(4)(B) subsection (f)(4)(B) (E) Section 432(b)(6)(A) of such Code, as so redesignated, is amended— (i) by striking paragraph (3)(A) paragraph (4)(A) (ii) by striking paragraph (1)(A) paragraph (2)(A) (iii) by striking paragraph (1)(B) paragraph (2)(B) (F) Section 432(b)(7) of such Code, as so redesignated, is amended by striking paragraph (2) paragraph (3) (G) Paragraphs (1)(A), (4)(A)(ii), (4)(C)(i), (4)(C)(ii), (4)(D), (5)(A)(i), (5)(B), and (8) of subsection (d), and subsections (e)(2), (f)(1)(A), (f)(4)(B)(i), (f)(4)(B)(ii)(I), (f)(5), and (g)(3) of section 432 of such Code, as respectively redesignated by paragraph (2), are each amended by striking subsection (b)(3)(A) subsection (b)(4)(A) (H) Section 432(d)(3)(A)(i)(I) of such Code, as so redesignated, is amended by striking paragraph (b)(3) subsection (b)(4) (I) Section 432(d)(4)(D) of such Code, as so redesignated, is amended by striking subsection (d) subsection (e) (J) Section 432(e) of such Code, as so redesignated, is amended to read as follows: (e) Rules for operation of plan during adoption and improvement periods A plan may not be amended after the date of the adoption of a funding improvement plan under subsection (d) so as to be inconsistent with the funding improvement plan or the requirements of subsection (c). . (K) Clauses (i)(I) and (ii)(I) of section 432(f)(4)(B) of such Code, as so redesignated, are each amended by striking subsection (b)(2) subsection (b)(3) (L) Subsections (f)(8)(A)(ii) and (g)(2)(A) of section 432 of such Code, as so redesignated, are each amended by striking subsection (b)(3)(D) subsection (b)(4)(D) (M) Section 432(f)(9)(J) of such Code, as so redesignated, is amended— (i) by striking subsection (b)(3) subsection (b)(4) (ii) by striking paragraphs (1) and (2) paragraphs (2) and (3) (N) Subparagraphs (A) and (B) of section 432(g)(1) of such Code, as so redesignated, are each amended by striking subsection (e) subsection (f) (O) Paragraph (2)(A) of section 432(g) of such Code, as so redesignated, is amended by striking (b)(3)(D) (b)(4)(D) (P) Section 432(h) of such Code, as so redesignated, is amended— (i) by striking subsection (e)(8) or (f) subsection (f)(8) or (g) (ii) by striking subsection (e)(9) subsection (f)(9) (iii) by striking subsection (e)(7) subsection (f)(7) (iv) by striking rehabilitation plan rehabilitation plan. The preceding sentence shall not apply to any increase in contribution requirements due to increased levels of work, employment, or periods for which compensation is provided, except to the extent such an increase is used to provide an increased accrual rate of benefits or change in the rate at which benefits become nonforfeitable which increases plan liabilities. (Q) Section 432(i) of such Code, as so redesignated, is amended— (i) by striking subsection (c) subsection (d) (ii) by striking subsection (e) subsection (f) (R) Section 432(j)(2) of such Code, as so redesignated, is amended by striking subsections (c) and (e) subsections (d) and (f) (S) Section 412(b)(3) of such Code is amended by striking section 432(e) section 432(f) (T) Section 418E of such Code, as amended by this Act, is further amended— (i) by striking 432(b)(2) 432(b)(3) (ii) by striking 432(e)(9) 432(f)(9) (U) Section 4971(g) of such Code is amended— (i) by striking 432(e) 432(f) (ii) by striking 432(b)(3)(A)(ii) 432(b)(4)(A)(i)(II) (iii) by striking 432(e)(1)(A) 432(f)(1)(A) (iv) by striking 432(j)(9) 432(k)(9) (V) Subsection (c)(1) of section 4980I of such Code, as added by this Act, is amended by adding at the end the following: Such term shall not include such an original plan for any plan year in which the plan is in unrestricted status (as defined in section 432(b)(1)(B)). (W) The heading of section 432 of such Code is amended by striking in endangered status or critical status (6) Withdrawal liability determination for plans emerging from endangered or critical status Section 432(h) of such Code, as redesignated by paragraph (2) and as amended by paragraph (5), is further amended by striking paragraph (4) and by inserting after paragraph (3) the following new paragraph: (4) Emergence from endangered or critical status (A) In general In the case of increases in the contribution rate (or other increases in contribution requirements unless due to increased levels of work, employment, or periods for which compensation is provided) disregarded pursuant to paragraph (3), this subsection shall cease to apply as of the later of— (i) the end of the first plan year following the plan year in which the plan is no longer in endangered or critical status, or (ii) the end of the plan year which includes the expiration date of the first collective bargaining agreement requiring plan contributions which expires after the plan is no longer in endangered or critical status. (B) Highest contribution rate Notwithstanding subparagraph (A), once the plan emerges from endangered or critical status— (i) increases in the contribution rate disregarded pursuant to paragraph (3) shall continue to be disregarded in determining the highest contribution rate under section 4219(c) of such Act for plan years during which the plan was in endangered or critical status, and (ii) the highest contribution rate for purposes of such section shall be the greater of— (I) the sum of— (aa) the employer's contribution rate as of the later of the last day of the last plan year ending before December 31, 2014, and the last day of the plan year for which the employer first had an obligation to contribute to the plan, and (bb) any contribution increases determined in accordance with this section after such later date and before the date the employer withdraws from the plan, or (II) the highest contribution rate for any plan year after the plan year which includes the earlier of— (aa) the expiration date of the first collective bargaining agreement applicable to the withdrawing employer requiring plan contributions which expires after the plan is no longer in endangered or critical status, or (bb) the date as of which the withdrawing employer negotiated a contribution rate effective after the plan year in which the plan is no longer in endangered or critical status. . (7) Effective date The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) Determination of endangered status Paragraph (2) of section 432(b) (2) Endangered status A multiemployer plan is in endangered status for a plan year if, as determined by the plan actuary under paragraph (5), the plan is not in critical or declining status for the plan year and is not described in paragraph (7), and, as of the beginning of the plan year— (A) the plan’s funded percentage for such plan year is less than 80 percent, (B) the plan is projected to have an accumulated funding deficiency for any of the 9 succeeding plan years, taking into account any extension of amortization periods under section 431(d), or (C) the plan's projected funded percentage as of the first day of the 15th succeeding plan year is less than 100 percent. . (c) Determination of critical status Paragraph (3) of section 432(b) (3) Critical status (A) In general A multiemployer plan is in critical status for a plan year if, as determined by the plan actuary under paragraph (5), the plan is not in declining status for the plan year and, as of the beginning of the plan year— (i) the plan's funded percentage is less than 65 percent, (ii) the plan has an accumulated funding deficiency for the plan year, or is projected to have such an accumulated funding deficiency for any of the 6 succeeding plan years, taking into account any extension of amortization periods under section 431(d), or (iii) the plan's projected funded percentage as of the first day of the 15th succeeding plan year is less than 80 percent. (B) Original plans Notwithstanding subparagraph (A), a multiemployer plan which is an original plan pursuant to section 4233A(d)(3) of the Employee Retirement Income Security Act of 1974 shall be treated as being in critical status for the period of 15 consecutive plan years beginning with the plan year that includes the date of the partition under such section 4233A. . (d) Declining status (1) In general (A) The following provisions of section 432 critical and declining declining (i) Subsection (a)(4) (as redesignated by subsection (a)(1)). (ii) Subparagraphs (A) and (B)(i) of subsection (b)(1), as added by subsection (a)(3). (iii) Subsection (b)(4)(B)(v) (as redesignated by subsection (a)(3)), and the heading thereof. (iv) Paragraph (1)(B), and the heading of such paragraph (1)(B), of subsection (c), as added by subsection (a)(2). (v) The heading of paragraph (9) of subsection (f) (as redesignated by subsection (a)(2)). (vi) Subparagraphs (A), (C), (G)(i), and (J) of subsection (f)(9) (as so redesignated). (vii) Subsection (h)(1) (as so redesignated). (B) Section 418E(g) of such Code, as amended by section 112 and subsection (a), is further amended by striking critical and declining status declining status (2) Determination of declining status (A) In general Subsection (b) of section 432 of such Code is amended— (i) by striking paragraph (7), as redesignated by subsection (a)(3), (ii) by redesignating paragraphs (4), (5), and (6), as so redesignated, as paragraphs (5), (6), and (7), respectively, and (iii) by inserting after paragraph (3), as so redesignated, the following new paragraph: (4) Declining status A multiemployer plan is in declining status for a plan year if— (A) as determined by the plan actuary under paragraph (5), as of the beginning of the plan year the plan is projected to become insolvent within the plan year or any of the 29 succeeding plan years, (B) the plan is otherwise in critical status for the plan year as determined by the plan actuary under paragraph (5), and the plan sponsor determines that, based on reasonable actuarial assumptions and upon exhaustion of all reasonable measures, the plan cannot reasonably be expected to emerge from critical status within the next 30 plan years, or (C) the plan has a funded percentage for the plan year which is greater than the projected funded percentage as of the first day of the 15th succeeding plan year, unless the funded percentage for the plan year is 100 percent or greater and the projected funded percentage as of the first day of such 15th succeeding plan year is less than 100 percent. . (B) Conforming amendments (i) Paragraph (1) of section 432(b) of such Code, as added by subsection (a)(3), is amended— (I) by striking paragraph (4) paragraph (5) (II) by striking paragraph (6) paragraph (7) (ii) Subsection (c) of section 432 of such Code, as added by subsection (a)(2), is amended by striking (b)(4) (b)(5) (iii) Section 432(b)(5) of such Code, as further redesignated by subparagraph (A) and as amended by section 321 and subsection (a), is further amended— (I) by striking paragraph (5) paragraph (6) (II) by striking paragraph (5) paragraph (6) (III) by striking paragraph (6) paragraph (7) (iv) Section 432(b)(6) of such Code, as so further redesignated and amended, is further amended— (I) by striking paragraph (4)(B)(iv) paragraph (5)(B)(iv) (II) by striking paragraph (4) paragraph (5) (III) by striking paragraph (4)(A) paragraph (5)(A) (v) Section 432(b)(7)(A) of such Code, as so further redesignated and amended, is further amended— (I) by striking paragraph (4)(A) paragraph (5)(A) (II) by striking either paragraph (2)(A) or paragraph (2)(B) any subparagraph of paragraph (2) (vi) Section 432(b)(7)(B) of such Code, as so further redesignated, is amended by striking critical or endangered endangered, critical, or declining (vii) Paragraphs (1)(A), (4)(A)(ii), (4)(C)(i), (4)(C)(ii), (4)(D), and (8) of subsection (d), and subsections (f)(1)(A), (f)(4)(B)(i), (f)(4)(B)(ii)(I), (f)(5), and (g)(3) of section 432 of such Code, as redesignated and amended by subsection (a), are each further amended by striking subsection (b)(4)(A) subsection (b)(5)(A) (viii) Section 432(d)(3)(A)(i)(I) of such Code, as so redesignated and amended, is further amended by striking subsection (b)(4) subsection (b)(5) (ix) Subsections (f)(8)(A)(ii) and (g)(2)(A) of section 432 of such Code, as so redesignated and amended, are each further amended by striking subsection (b)(4)(D) subsection (b)(5)(D) (x) Section 432(f)(9)(J) of such Code, as so redesignated and amended, is further amended by striking subsection (b)(4) subsection (b)(5) (3) Solvency plan (A) In general Paragraph (4) (as redesignated by subsection (a)(1) and amended by paragraph (1)) of section 432(a) of such Code is amended— (i) by redesignating subparagraph (B) as subparagraph (D), and (ii) by striking subparagraph (A) and inserting before subparagraph (D) (as so redesignated) the following new subparagraphs: (A) the plan sponsor shall adopt and implement a solvency plan in accordance with the requirements of subsection (h), (B) any rehabilitation plan in place as of the date the plan enters declining status shall continue to apply throughout the solvency plan adoption period, (C) the requirements of subsection (i) and paragraphs (6) and (7) of subsection (f) shall apply during the solvency plan adoption period and the solvency attainment period, and . (B) Adoption of plan Section 432 of such Code, as amended by this section, is further amended— (i) by redesignating subsection (l), as added by title V of this Act, as subsection (n), and by further redesignating subsections (h), (i), (j), and (k), as redesignated by subsection (a)(2), as subsections (j), (k), (l), and (m), respectively, and (ii) by inserting after subsection (g), as redesignated by subsection (a)(2), the following new subsections: (h) Solvency plan must be adopted for multiemployer plans in declining status (1) In general In any case in which a multiemployer plan is in declining status for a plan year, the plan sponsor, in accordance with this subsection— (A) shall adopt a solvency plan not later than 240 days following the required date for the actuarial certification of declining status under subsection (b)(5)(A), and (B) within 30 days after the adoption of the solvency plan shall provide to the bargaining parties 1 or more schedules showing revised benefit structures, revised contribution structures, or both, which, if adopted, may reasonably be expected to enable the multiemployer plan to meet the requirements of paragraph (3), including— (i) one default proposal under which— (I) all adjustable benefits in the form of early retirement subsidies (including early reduction factors which are not provided on an actuarially equivalent basis) under the plan are eliminated, and (II) the future monthly benefit accrual rate under the plan is reduced to the equivalent of 1 percent of annual contributions (or, if lower, the current accrual rate) based on the contribution rate in effect as of the later of the first day of the plan year in which the plan enters declining status or the date of a partition under section 4233A of the Employee Retirement Income Security Act of 1974, and which may also include reduction or elimination of any other adjustable benefits under the plan, and (ii) any additional schedules which reduce or eliminate adjustable benefits under the plan which the plan sponsor deems appropriate to provide as an alternative to the default proposal. No schedule provided to or adopted by the bargaining parties shall provide for a monthly benefit accrual rate in excess of the rate described in subparagraph (B)(i)(II). (2) Exception for years after process begins Paragraph (1) shall not apply to a plan year if such year is in a solvency plan adoption period or solvency attainment period by reason of the plan being in declining status for a preceding plan year, except that the next update of the solvency plan shall fulfill the requirement of paragraph (1)(B)(i). For purposes of this section, such preceding plan year shall be the initial determination year with respect to the solvency plan to which it relates. (3) Solvency plan For purposes of this section, a solvency plan is a plan which consists of the actions, including options or a range of options to be proposed to the bargaining parties, formulated, based on reasonably anticipated experience and reasonable actuarial assumptions, to enable the plan to delay or avoid the projected insolvency. (4) Solvency attainment period For purposes of this section— (A) In general Except as provided in subparagraph (B), the solvency attainment period for any solvency plan adopted pursuant to this subsection is the period— (i) beginning on the first day of the first plan year of the multiemployer plan beginning after the earlier of— (I) the second anniversary of the date of the adoption of the solvency plan, or (II) the expiration of the collective bargaining agreements in effect on the due date for the actuarial certification of declining status for the initial determination year under subsection (b)(5)(A) and covering, as of such due date, at least 75 percent of the active participants in such plan, and (ii) ending on the date the plan either emerges from declining status or becomes insolvent. (B) Coordination with changes in status (i) Plans no longer in declining status If the plan’s actuary certifies in accordance with subparagraph (C) for a plan year in any solvency plan adoption period or solvency attainment period that the plan is no longer in declining status, the solvency plan adoption period or solvency attainment period, whichever is applicable, shall end as of the date of such certification. (ii) Plans in critical or endangered status If the plan’s actuary certifies under subsection (b)(5)(A) for the plan year described in clause (i) that the plan is in critical or endangered rather than declining status, the provisions of subsections (d) and (e), or subsections (f) and (g), whichever are applicable, shall be applied as if such plan year were an initial determination year, except that the plan may not be amended in a manner inconsistent with the solvency plan in effect for the preceding plan year until a new funding improvement plan or rehabilitation plan, whichever is applicable, is adopted. (C) Emergence A plan in declining status shall remain in such status until a plan year for which the plan actuary certifies, in accordance with subsection (b)(5)(A), that the plan is not described in one or more of the subparagraphs in subsection (b)(4) as of the beginning of the plan year. (5) Updates to solvency plans and schedules (A) Solvency plan The plan sponsor shall annually update the solvency plan and shall file the update with the plan’s annual report under section 104 of the Employee Retirement Income Security Act of 1974. (B) Schedules The plan sponsor shall annually update any schedule of contribution rates provided under this subsection to reflect the experience of the plan. (C) Duration of schedule A schedule of contribution rates provided by the plan sponsor and relied upon by bargaining parties in negotiating a collective bargaining agreement shall remain in effect for the duration of that collective bargaining agreement. (6) Imposition of schedule where failure to adopt solvency plan (A) Initial contribution schedule If— (i) a collective bargaining agreement providing for contributions under a multiemployer plan that was in effect at the time the plan entered declining status expires, and (ii) after receiving one or more schedules from the plan sponsor under paragraph (1)(B), the bargaining parties with respect to such agreement fail to adopt a contribution schedule with terms consistent with the solvency plan and a schedule from the plan sponsor, the plan sponsor shall implement the schedule described in paragraph (1)(B)(i) beginning on the date specified in subparagraph (C). (B) Subsequent contribution schedule If— (i) a collective bargaining agreement providing for contributions under a multiemployer plan in accordance with a schedule provided by the plan sponsor pursuant to a solvency plan (or imposed under subparagraph (A)) expires while the plan is still in declining status, and (ii) after receiving one or more updated schedules from the plan sponsor under paragraph (5)(B), the bargaining parties with respect to such agreement fail to adopt a contribution schedule with terms consistent with the updated solvency plan and a schedule from the plan sponsor, then the contribution schedule applicable under the expired collective bargaining agreement, as updated and in effect on the date the collective bargaining agreement expires, shall be implemented by the plan sponsor beginning on the date specified in subparagraph (C). (C) Date of implementation The date specified in this subparagraph is the date which is 180 days after the date on which the collective bargaining agreement described in subparagraph (A) or (B) expires. (7) Solvency plan adoption period For purposes of this section, the term solvency plan adoption period (i) Rules for operation of plan during adoption and attainment periods (1) Compliance with solvency plan (A) In general A plan may not be amended after the date of the adoption of a solvency plan under subsection (h) so as to be inconsistent with the solvency plan. (B) Special rules for benefit increases A plan may not be amended after the date of the adoption of a solvency plan under subsection (h) so as to increase benefits, including future benefit accruals, unless the increase is required by law or is a de minimis change. (C) Special rules for increases in compensation or contribution rate Any increase in employee compensation or contribution rates which takes effect after the first day of the plan year in which the plan enters declining status shall not give rise to an increase in benefits or future benefit accruals under the plan. (2) Restriction on lump sums and similar benefits (A) In general Effective on the date the notice of certification of the plan’s declining status for the initial determination year under subsection (b)(5)(D) is sent, and notwithstanding section 411(d)(6), the plan shall not pay— (i) any payment, in excess of the monthly amount paid under a single life annuity (plus any social security supplements described in the last sentence of section 411(a)(9)), to a participant or beneficiary whose annuity starting date (as defined in section 417(f)(2)) occurs after the date such notice is sent, (ii) any payment for the purchase of an irrevocable commitment from an insurer to pay benefits, or (iii) any other payment specified by the Secretary by regulations, unless it is a de minimis amount. (B) Exception Subparagraph (A) shall not apply to a benefit which under section 411(a)(11) may be immediately distributed without the consent of the participant or to any makeup payment in the case of a retroactive annuity starting date or any similar payment of benefits owed with respect to a prior period. (3) Special rules for plan adoption period During the period beginning on the date of the certification under subsection (b)(5)(A) for the initial determination year and ending on the date of the adoption of a solvency plan— (A) the plan sponsor may not accept a collective bargaining agreement or participation agreement with respect to the multiemployer plan that provides for— (i) a reduction in the level of contributions for any participants, (ii) a suspension of contributions with respect to any period of service, or (iii) any new direct or indirect exclusion of younger or newly hired employees from plan participation, unless the plan sponsor reasonably determines that the acceptance of such an agreement is in the best interests of participants and beneficiaries and that rejection of such agreement would adversely affect the plan, and (B) no amendment of the plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 or to comply with other applicable law. . (C) Suspension of benefits Section 432 of such Code, as amended by this section, is further amended— (i) by redesignating paragraph (9) of subsection (f) (as redesignated by subsection (a)(2)) as paragraph (8) of subsection (h) (as added by subparagraph (B)), and (ii) by moving such paragraph to the position immediately after paragraph (7) of such subsection (h). (4) Conforming amendments (A) Subsection (a)(4)(D) of section 432 of such Code, as redesignated and amended by the preceding provisions of this section, is further amended by striking subsection (f)(9) subsection (h)(8) (B) Paragraph (5) of section 432(b) of such Code, as so redesignated and as amended by section 321 and the preceding provisions of this section, is further amended— (i) by striking critical critical or declining (ii) by striking funding improvement or rehabilitation period funding improvement, rehabilitation, or solvency attainment period (iii) by striking funding improvement or rehabilitation plan funding improvement, rehabilitation, or solvency plan (iv) by striking endangered or critical endangered, critical, or declining (v) by striking funding improvement plan or rehabilitation funding improvement, rehabilitation, or solvency (vi) by striking critical critical or declining (vii) by striking rehabilitation period rehabilitation or solvency attainment period (viii) by striking as described in subsection (f)(9) (ix) by inserting if the plan is already in a rehabilitation period, and if reasonable (x) by striking subsection (f)(9) subsection (h)(8) (xi) by striking endangered or critical endangered, critical, or declining (xii) by striking endangered or critical endangered, critical, or declining (xiii) by striking endangered or critical endangered, critical, or declining (xiv) by striking funding improvement or rehabilitation plan funding improvement, rehabilitation, or solvency plan (xv) by adding at the end of subparagraph (D) the following new clause: (vii) Notice of projection to be in declining status in a future plan year In any case in which it is certified under subparagraph (A)(i) that a multiemployer plan will be in declining status for any of 5 succeeding plan years (but not for the current plan year), the plan sponsor shall, not later than 30 days after the date of the certification, provide notification of the projected declining status to the Pension Benefit Guaranty Corporation. . (C) Subparagraph (J) of section 432(h)(8) of such Code, as so redesignated and amended, is further amended— (i) by striking critical declining (ii) by striking shall not emerge from critical status under paragraph (4)(B), shall not emerge from declining status (D) Subsection (j) of section 432 of such Code, as so redesignated and amended, is further amended— (i) by striking (f)(8) or (g) (f)(8), (g), or (i) (ii) by striking subsection (f)(9) subsection (h)(8) (iii) by striking funding improvement or rehabilitation plan funding improvement, rehabilitation, or solvency (iv) by striking funding improvement plan or rehabilitation plan funding improvement, rehabilitation, or solvency plan (v) by striking endangered or critical endangered, critical, or declining (vi) by striking endangered or critical endangered, critical, or declining (vii) by striking critical or endangered endangered, critical, or declining (E) Subsection (k) of section 432 of such Code, as so redesignated and amended, is further amended— (i) by striking or a rehabilitation plan under subsection (f) , a rehabilitation plan under subsection (f), or a solvency plan under subsection (h) (ii) by striking endangered status or a plan in critical status endangered, critical, or declining status (iii) by striking has not agreed on a funding improvement plan or rehabilitation plan has not agreed on a funding improvement, rehabilitation, or solvency plan (whichever is applicable) (iv) by striking adoption of a funding improvement plan or rehabilitation plan adoption of a funding improvement, rehabilitation, or solvency plan (F) Subsection (l) of section 432 of such Code, as so redesignated and amended, is further amended— (i) by striking endangered status or in critical status endangered, critical, or declining status (ii) by striking endangered or critical endangered, critical, or declining (iii) by striking (d) and (f) (d), (f), and (h) (G) Section 418E of such Code, as amended by section 112 and this section, is further amended— (i) by striking 432(b)(3) 432(b)(3), or a plan in declining status, as described in section 432(b)(4) (ii) by striking 432(f)(9) 432(h)(8) (H) Section 4971(g) of such Code, as amended by this section, is further amended— (i) by striking endangered or critical endangered, critical, or declining (ii) by striking critical status critical or declining status (iii) by striking or rehabilitation plan , rehabilitation, or solvency plan (iv) by striking plan or rehabilitation plan , rehabilitation, or solvency plan (v) by striking rehabilitation plan funding improvement, rehabilitation, or solvency plan (vi) by striking paragraph (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively, (vii) by striking rehabilitation plan rehabilitation or solvency plan (viii) by striking critical status critical or declining status (ix) by striking rehabilitation plan rehabilitation or solvency plan (x) by striking described in section 432(f)(1)(A) and ending on the day on which the rehabilitation plan is adopted described in section 432(f)(1)(A) or 432(h)(1)(A), whichever is applicable, and ending on the day on which the rehabilitation plan or solvency plan is adopted (xi) by striking 432(k)(9) 432(n)(9) (xii) by striking or (3) (e) Adjustment of benefits (1) In general Section 432 (A) by further redesignating subsections (m) and (n), as redesignated by subsection (d), as subsections (n) and (o), respectively, (B) by redesignating paragraph (8) of subsection (f), as redesignated by subsection (a)(2), as subsection (m), and (C) by moving such subsection to the position immediately after subsection (l). (2) Clerical and conforming amendments (A) The heading of subsection (m) of section 432 of such Code, as redesignated by paragraph (1), is amended to read as follows: (m) Adjustment of benefits . (B) The following provisions of such subsection (m) are amended as follows: (i) Subparagraphs (A), (B), and (C) are redesignated as paragraphs (1), (2), and (4), respectively, and moved 2 ems to the left. (ii) Clauses (i), (ii), (iii), and (iv) of paragraph (1) (as so redesignated) are redesignated as subparagraphs (A), (B), (C), and (D), respectively, and moved 2 ems to the left. (iii) Subclauses (I), (II), and (III) of paragraph (1)(D) (as so redesignated) are redesignated as clauses (i), (ii), and (iii), respectively, and moved 2 ems to the left. (iv) Clauses (i), (ii), and (iii) of paragraph (4) (as so redesignated) are redesignated as subparagraphs (A), (B), and (C), respectively, and moved 2 ems to the left, and the flush sentence at the end of subparagraph (C) (as so redesignated) is moved 2 ems to the left. (v) Subclauses (I), (II), and (III) of paragraph (4)(A) (as so redesignated) are redesignated as clauses (i), (ii), and (iii), respectively, and moved 2 ems to the left. (vi) Subclauses (I) and (II) of paragraph (4)(B) (as so redesignated) are redesignated as clauses (i) and (ii), respectively, and moved 2 ems to the left. (vii) Subclauses (I), (II), and (III) of paragraph (4)(C) (as so redesignated) are redesignated as clauses (i), (ii), and (iii), respectively, and moved 2 ems to the left. (viii) Paragraph (1)(A), as so redesignated, is amended by striking subparagraph (C) paragraph (4) (ix) Paragraph (1)(B), as so redesignated, is amended by striking clause (iv)(III) subparagraph (D)(iii) (x) Paragraph (1)(D), as so redesignated, is amended by striking this paragraph this subsection (xi) Paragraph (2), as so redesignated, is amended— (I) by striking subparagraph (A)(iv)(III) paragraph (1)(D)(iii) (II) by striking this paragraph this subsection (xii) Paragraph (4)(A), as so redesignated, is amended by striking subparagraph (A) paragraph (1) (xiii) Paragraphs (4)(B) and (4)(C), as so redesignated, are each amended by striking clause (i) subparagraph (A) (xiv) The last sentence of paragraph (4)(C), as so redesignated, is amended— (I) by striking subclause (I) clause (i) (II) by striking this subparagraph this paragraph (3) Application to all plans in endangered, critical, or declining status (A) In general Subparagraph (A) of section 432(m)(1) of such Code, as redesignated and amended by this section, is further amended— (i) by striking the plan sponsor shall the plan sponsor of a multiemployer plan in endangered, critical, or declining status may (ii) by striking paragraph (1)(B)(i) subsection (d)(1)(B), (f)(1)(B), or (h)(1)(B), whichever is applicable (B) Conforming amendment Subparagraph (B) of section 432(m)(1) of such Code, as redesignated and amended by this section, is further amended by striking critical endangered, critical, or declining (4) Additional adjustable benefits (A) In general Subparagraph (D) of section 432(m)(1) of such Code, as redesignated by this section, is amended— (i) by inserting , including early reduction factors which are not provided on an actuarially equivalent basis, (i)) (ii) by striking and (iii) by striking that would not be eligible which were adopted (or, if later, took effect) less than 120 months before the first day of the first plan year in which the plan was in endangered, critical, or declining status, (iv) by adding at the end the following new clauses: (iv) any one-time bonus payment or thirteenth check (v) benefits granted for periods of service prior to participation in the plan. . (B) Conforming amendments (i) Subparagraph (B) of section 432(m)(1) of such Code, as redesignated and amended by this section, is further amended by striking subparagraph (D)(iii) clause (iii), (iv), or (v) of subparagraph (D) (ii) Paragraph (2) of section 432(m) of such Code, as amended by paragraph (2)(B), is further amended by striking paragraph (1)(D)(iii) clause (iii), (iv), or (v) of paragraph (1)(D) (5) Rules relating to suspension of benefits upon return to work Subsection (m) of section 432 of such Code, as redesignated and amended by this section, is further amended by inserting after paragraph (2) the following new paragraph: (3) Rules relating to suspension of benefits upon return to work The plan sponsor of a multiemployer plan in endangered, critical, or declining status may amend rules regarding the suspension of a participant's benefits upon a return to work after commencement of benefits, or the commencement of benefits after normal retirement age (including in the case of continued employment after normal retirement age). Any such changes shall apply only to future payments of benefits. . (6) Additional conforming amendments (A) Clause (iii) of section 432(b)(5)(D) of such Code, as redesignated and amended by this section, is further amended— (i) by striking critical endangered, critical, or declining (ii) by striking critical status endangered, critical, or declining status (iii) by striking subsection (f)(8) subsection (m)(1)(D) (B) Subsection (j) of section 432 of such Code, as amended by subsection (d), is further amended by striking (f)(8), (g), or (i) (e), (g), (i), or (m) (f) Elections To be in critical or endangered status (1) In general Paragraph (6) of section 432(b) (A) by striking is not in critical status is not in critical or declining status (B) by striking but that is projected (i) that is projected , (C) by striking 5 plan years may, not later than (ii) that is in endangered status and is not reasonably projected to be able to emerge from endangered status within the funding improvement period under the funding improvement plan in effect, may, not later than , and (D) by striking under paragraph (3) under paragraph (3) or for endangered status under paragraph (2) (2) Election to be in endangered status Subsection (b) of section 432 of such Code, as so redesignated and amended, is further amended by adding at the end the following new paragraph: (8) Election to be in endangered status Notwithstanding paragraph (2)— (A) the plan sponsor of a multiemployer plan that is not in endangered, critical, or declining status for a plan year but that is projected by the plan actuary, pursuant to the determination under paragraph (5), to be in endangered status in any of the 5 succeeding plan years, may, not later than 30 days after the date of the certification under paragraph (5)(A), elect to be in endangered status effective for the current plan year, (B) the plan year in which the plan sponsor elects to be in endangered status under subparagraph (A) shall be treated for purposes of this section as the first year in which the plan is in endangered status, regardless of the date on which the plan first satisfies the criteria for endangered status under paragraph (2), and (C) a plan that is in endangered status under this paragraph shall not emerge from endangered status unless the plan's actuary certifies under paragraph (5)(A) that the plan is no longer in endangered status and is not in critical or declining status. . (g) Amendments relating to funding improvement plan (1) In general Paragraph (1) of section 432(d) (A) by striking the last sentence, and (B) in subparagraph (B), by striking funding improvement plan— (i) one default proposal under which— (I) all adjustable benefits in the form of early retirement subsidies (including early reduction factors which are not provided on an actuarially equivalent basis) under the plan are eliminated, and (II) the future monthly benefit accrual rate under the plan is reduced to the equivalent of 1 percent of annual contributions (or, if lower, the accrual rate as of the date of the enactment of the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 which may also include reduction or elimination of any other adjustable benefits under the plan, and (ii) any additional schedules which reduce or eliminate adjustable benefits under the plan which the plan sponsor deems appropriate to provide as an alternative to the default proposal. . (2) Funding improvement plan Paragraph (3) of section 432(d) of such Code, as so redesignated and amended, is further amended— (A) by striking For purposes of this section— which consists of For purposes of this section, a funding improvement plan is a plan which consists of (B) by striking formulated to provide (A) enable the plan to no longer be in endangered status (as certified by the plan actuary) by the end of the funding improvement period, and (B) avoid any accumulated funding deficiencies during the funding improvement period (taking into account any extension of amortization periods under section 431(d)). . (3) Funding improvement period Paragraph (4) of section 432(d) of such Code, as so redesignated and amended, is further amended by striking subparagraph (B) and inserting after subparagraph (A) the following new subparagraph: (B) New period based on adverse experience (i) In general If the plan's actuary determines necessary based on adverse plan experience, the plan sponsor may provide for a new 10-year period as of the first day of any plan year in the original funding improvement period, but only if the plan is still projected to meet the requirements of the funding improvement plan and emerge from endangered status at the end of the new funding improvement period. (ii) Limitation A plan sponsor may provide a new 10-year period under clause (i) not more than 1 time in any 20-consecutive-year period, unless the plan sponsor submits to the Secretary an application for an additional new period. Such application shall include a certification that the plan is projected to emerge from endangered status in the proposed new 10-year period and a description of key assumptions, to be specified in regulations promulgated by the Secretary in consultation with the Pension Benefit Guaranty Corporation. . (4) Conforming amendments (A) Subparagraph (C) of section 432(d)(4) of such Code, as so redesignated and amended, is further amended— (i) by striking critical status critical or declining status (ii) by striking rehabilitation period rehabilitation or solvency attainment period (iii) by striking critical status critical or declining status (B) Subsection (d) of section 432 of such Code, as so redesignated and amended, is further amended by striking paragraph (5) and by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively. (C) Paragraph (6) of section 432(d) of such Code, as so redesignated, is amended— (i) by striking (1)(B)(i)(I) (1)(B)(i) (ii) by striking paragraph (6)(B) paragraph (5)(B) (D) Paragraph (2) of section 432(d) of such Code, as so redesignated, is amended by inserting , except that the next update of the funding improvement plan shall fulfill the requirement of paragraph (1)(B)(i) for a preceding plan year (h) Amendments relating to rehabilitation plan (1) In general Paragraph (1) of section 432(f) (A) by striking the last 2 sentences, and (B) in subparagraph (B), by striking rehabilitation plan— (i) one default proposal under which— (I) all adjustable benefits in the form of early retirement subsidies (including early reduction factors which are not provided on an actuarially equivalent basis) under the plan are eliminated, and (II) the future monthly benefit accrual rate under the plan is reduced to the equivalent of 1 percent of annual contributions (or, if lower, the accrual rate as of the date of the enactment of the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 which may also include reduction or elimination of any other adjustable benefits under the plan, and (ii) any additional schedules which reduce or eliminate adjustable benefits under the plan which the plan sponsor deems appropriate to provide as an alternative to the default proposal. In the case of a plan adopting a rehabilitation plan described in paragraph (3)(A)(ii), no schedule provided to or adopted by the bargaining parties shall provide for a monthly benefit accrual rate in excess of the rate described in subparagraph (B)(i)(II). . (2) Rehabilitation plan (A) In general Subparagraph (A) of section 432(f)(3) of such Code, as so redesignated, is amended— (i) by striking and may include such actions (ii) by inserting , while delaying insolvency for as long as possible and maximizing the income of the plan, including income after insolvency (iii) by striking (1)(B)(i) (1)(B) (B) Conforming amendments Clause (i) of section 432(f)(3)(C) of such Code, as so redesignated, is amended— (i) by striking (1)(B)(i) (1)(B) (ii) by striking the last sentence of paragraph (1) paragraph (1)(B)(i) (3) Rehabilitation period (A) In general Subparagraph (A) of section 432(f)(4) of such Code, as so redesignated and amended, is further amended— (i) by striking The rehabilitation period Except as otherwise provided in this subparagraph, the rehabilitation period (ii) by adding at the end the following: If, upon exhaustion of all reasonable measures, the plan is not reasonably expected to emerge from critical status by the end of such 10-year period, the rehabilitation period shall be extended to take into account the projected date of emergence from critical status (if the rehabilitation plan remained in effect until such date) or the projected date of insolvency (if applicable) (unless the plan enters declining status). (B) Emergence from critical status Subparagraph (B) of section 432(f)(4) of such Code, as so redesignated and amended, is further amended— (i) by inserting and is not in declining status, (ii) by striking subclause (III) of clause (i) and inserting the following: (III) the plan's projected funded percentage as of the first day of the 15th succeeding plan year is at least 100 percent and is projected to increase after such date. , (iii) by striking that— regardless of whether that the plan meets the requirements of subclauses (II) and (III) of clause (i), regardless of whether (iv) by striking unless— unless, as of such plan year, the plan fails to meet the requirements of subclause (II) or (III) of clause (i). (4) Rules relating to benefit increases during rehabilitation period Subparagraph (B) of section 432(g)(1) of such Code, as so redesignated and amended, is further amended by striking unless unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 or to comply with other applicable law, or the amendment provides for only a de minimis increase in the liabilities of the plan. (5) Conforming amendments (A) Paragraph (6) of section 432(f) of such Code, as so redesignated, is amended by striking the last sentence of paragraph (1) paragraph (1)(B)(i) (B) Paragraph (2) of section 432(f) of such Code, as so redesignated, is amended by inserting , except that the next update of the rehabilitation plan shall fulfill the requirement of paragraph (1)(B)(i) for a preceding plan year (i) Actuarial assumptions (1) In general Subsection (n) of section 432 (A) by striking method method and assumptions (B) by adding at the end the following new paragraph: (11) Actuarial assumptions (A) In general The actuarial assumptions relied upon for purposes of this section by a plan actuary shall be individually reasonable and, in the aggregate, shall be reasonable and (with the exception of assumptions regarding future contributions) represent the actuary’s best estimate of future plan experience, within limitations prescribed by the Secretary. A plan actuary shall avoid conservatism or optimism in individual assumptions to the extent that they would result in a set of assumptions that is unreasonable in the aggregate. (B) Investment returns The investment return assumption for projecting plan assets may differ from the actuarial valuation interest rate. In selecting the investment return assumption for projecting plan assets, the plan actuary shall estimate the expected return of the plan’s investments as currently invested and as expected to be invested in the future, consistent with the plan’s adopted investment policy, if applicable. It is reasonable for an actuary to expect that the plan’s investment decisions will consider risk, expected returns over time, and expected future benefit payments. The investment return assumption shall not exceed the interest rate used to determine past service liability under section 431(b)(6). (C) Contributions (i) In general The plan actuary shall develop assumptions for the projection of future contributions, including assumptions regarding industry activity among contributing employers and contribution rates, based on information provided by the plan sponsor, which must act reasonably and in good faith. The plan actuary shall certify the reasonableness of all assumptions. (ii) Projected industry activity Any projection of activity in the industry or industries covered by the plan, including future covered employment and contribution levels, shall be based on information provided by the plan sponsor acting reasonably and in good faith. (iii) Future contribution base units (I) Declining contribution base units If recent experience of the plan has been declining contribution base units, the plan actuary may assume future contribution base units will continue to decline at the same annualized trend as over the 5 immediately preceding plan years, unless the actuary determines that there have been significant changes that would make such assumption unreasonable. (II) Flat or increasing contribution base units If recent experience of the plan has been increasing, or neither increasing nor decreasing, contribution base units, the plan actuary may assume future contribution base units will remain unchanged indefinitely, unless the actuary determines that there have been significant changes that would make such assumption unreasonable. (iv) Future contribution rates (I) In general Projections of contributions shall be based on the contribution rates consistent with the terms of collective bargaining and participation agreements currently in effect. (II) Future increases in accordance with correction plans If reasonable and applicable, the plan actuary may assume future increases in contribution rates consistent with the adopted funding improvement plan, rehabilitation plan, or solvency plan. (III) Additional factors Information provided by the plan sponsor to the plan actuary in setting the assumption regarding future increases in contribution rates shall take into account the ability of the participating employers to make contributions at the scheduled rates over time, considering relevant factors such as projected industry activity, the financial strength of participating employers, market competition, and the scheduled contribution rate to the plan relative to the overall wage package. (D) Assumptions for developing schedules All schedules under any funding improvement plan, rehabilitation plan, or solvency plan must be developed based on the same set of actuarial assumptions unless it would be unreasonable to do so, taking into account the anticipated impact of the schedules on participant behavior and employer participation. . (2) Additions to Form 5500 Schedule MB Subparagraph (B) of section 432(b)(5) of such Code, as redesignated and amended by this section, is further amended by adding at the end the following new clause: (vi) Additional attachments The plan actuary shall attach to the certification required under subparagraph (A)— (I) documentation supporting the certification of status under subparagraph (A), including projections of the funding standard account, funded percentage, and solvency of the plan, (II) a clear description of the key assumptions used in performing the projections, including investment returns, contribution base units, and contribution rates, (III) a 5-year history of contributions, including contribution base units, average contribution rates, and withdrawal liability payments, and a comparison of such contribution base units, rates, and payments to projections made by the plan, and (IV) an alternate projection of the funding standard account, funded percentage, and solvency, based on the following assumptions: (aa) Annual future investment returns on plan assets equal the actuarial interest rate assumption minus 1 percent. (bb) Future contribution base units projected using a trend equal to the lesser of— (AA) the annualized trend of actual contribution base units over the 5 preceding plan years, and (BB) no change in future contribution base units. (cc) No increases in future contribution rates beyond those consistent with the collective bargaining agreements and participation agreements in effect for the plan year. (dd) The withdrawal from the plan of the employer which has contributed the greatest total amount of contributions over the 5 preceding plan years, if such employer has contributed at least 10 percent of the total contributions to the plan over such 5 plan years and such employer has a below investment grade credit rating (but only if obtaining the credit rating of such employer is not an undue burden). (ee) If such credit rating cannot be obtained without undue burden, the withdrawal of the employer which has contributed the greatest total amount of contributions over the 5 preceding plan years, if such employer has contributed at least 10 percent of the total contributions to the plan over such 5 plan years without regard to collection of any withdrawal liability. (ff) If no employer has contributed at least 10 percent of the total contributions to the plan over the 5 preceding plan years, the withdrawal of the employer which contributed the greatest total amount of contributions for the current plan year, without regard to collection of any withdrawal liability, unless the employer contributed less than 1 percent of the total contributions to the plan for such plan year. (gg) Other assumptions consistent with the projection based on the actuary’s best estimate assumptions. . (3) Conforming amendments (A) Section 432(b)(5)(B)(i) of such Code, as redesignated by this section, is amended by striking assumptions assumptions meeting the requirements of subsection (n)(11) (B) Section 432(b)(5)(A)(vi) of such Code, as amended by this section and section 321, is further amended by striking reasonable actuarial assumptions assumptions meeting the requirements of subsection (n)(11) (C) Paragraph (3) of section 432(d) of such Code, as amended by subsection (g), is further amended by striking reasonable actuarial assumptions assumptions meeting the requirements of subsection (n)(11) (D) Clause (i) of section 432(f)(3)(A) of such Code, as amended by subsection (h), is further amended by striking reasonable actuarial assumptions assumptions meeting the requirements of subsection (n)(11) (E) Section 432(h)(3) of such Code, as added by subsection (d), is amended by striking reasonable actuarial assumptions assumptions meeting the requirements of subsection (n)(11) (j) Conforming amendments relating to legacy plans (1) Subsections (a)(3)(F), (b)(1)(B)(i), (b)(1)(H)(iv), and (d)(6)(A) of section 411 432(f) 432(h)(8) (2) Sections 431(b)(10), 440A(d)(2)(D), and 440A(d)(4) of such Code, as added by title V, are each amended by striking endangered or critical endangered, critical, or declining (3) Section 437(b)(1) of such Act, as so added, is amended by striking endangered or critical endangered, critical, or declining (4) Sections 437(b)(5)(B) and 440A(b)(1)(A) of such Code, as so added, are each amended by striking endangered or critical endangered, critical, or declining (5) Sections 437(b)(1), 437(b)(5)(B), 440A(b)(1)(A), and 440A(e)(3) of such Code, as so added, are each amended by striking 432(b)(4) 432(b)(5) (6) Sections 438(b)(5) and 440A(d)(2)(A) of such Code, as so added, are each amended by striking 432(b)(4)(B) 432(b)(5)(B) (7) Section 438(b)(1) of such Code, as so added, is amended by striking and , and (D) consistent with the principles of subparagraphs (B), (C), and (D) of section 432(n)(11). . (8) Section 439(a)(2)(D) of such Code, as so added, is amended by striking 432(f)(9)(D)(vi) 432(h)(8)(D)(vi) (9) Section 439(a)(3) of such Code, as so added, is amended by striking 432(f)(8) 432(m)(1)(D) (10) Section 440A(d)(2)(D) of such Code, as so added and amended, is further amended by striking funding improvement or rehabilitation plan funding improvement, rehabilitation, or solvency plan (k) Effective date Except as otherwise provided in subsection (a)(7), the amendments made by this section shall apply to plan years beginning after December 31, 2021. (l) Credit ratings No requirement of section 939 or 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (124 Stat. 1887; 15 U.S.C. 78o–7 212. Amendments to Employee Retirement Income Security Act of 1974 (a) Rules applying to all multiemployer plans (1) In general Subsection (a) of section 305 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085 (A) by striking a multiemployer plan in effect on July 16, 2006— any multiemployer plan— (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, (C) by inserting before paragraph (2), as so redesignated, the following new paragraph: (1) the rules of subsection (c) shall apply, , (D) by striking subsection (c) subsection (d) (E) by striking subsection (d) subsection (e) (F) by striking subsection (e) subsection (f) (G) by striking subsection (f) subsection (g) (H) by striking subsection (e)(9) subsection (f)(9) (2) Rules of immediate application Section 305 of such Act ( 29 U.S.C. 1085 (A) by redesignating subsections (c), (d), (e), (f), (g), (h), (i), and (j) as subsections (d), (e), (f), (g), (h), (i), (j), and (k), respectively, and (B) by inserting after subsection (b) the following new subsection: (c) Rules applying to all multiemployer plans (1) Benefit increases (A) Increases by plan amendment The plan sponsor of any multiemployer plan shall not adopt a plan amendment which increases plan liabilities (as determined as of the date of the adoption of the amendment) due to any increase in benefits, any change in the accrual rate of benefits, or any change in the rate at which benefits become nonforfeitable, unless— (i) if the plan is in unrestricted status as of the adoption of such amendment, the plan actuary certifies in accordance with subsection (b)(4) that the increase in liabilities will not cause the plan to no longer be in unrestricted status, (ii) if the plan is in stable status as of the adoption of such amendment, the plan actuary certifies in accordance with subsection (b)(4) that any such increase or change in benefits will be paid from additional contributions not required by any collective bargaining agreement in effect as of the adoption of the amendment, (iii) if the plan is in endangered status as of the adoption of such amendment, the plan actuary certifies in accordance with subsection (b)(4) that any such increase or change in benefits will be paid from additional contributions not contemplated in any current funding improvement plan, or (iv) the increase or change in benefits is required by law or is a de minimis change. (B) Increases under critical or critical and declining status Unless required as a condition of qualification under part I of subchapter D of chapter 1 (2) Contribution reductions The plan sponsor of any multiemployer plan shall not accept any collective bargaining agreement or participation agreement which reduces the rate of contributions under the plan for any participants, suspends contributions with respect to any period of service, or directly or indirectly excludes younger, probationary, or newly hired employees from participation in the plan, unless— (A) the plan is in unrestricted status as of the adoption of such agreement and the plan actuary certifies in accordance with subsection (b)(4) that the reduction in contributions will not cause the plan to no longer be in unrestricted status, (B) the reduction in contributions is accompanied by a reduction in future accruals for the affected participants, and the plan actuary certifies in accordance with subsection (b)(4) that the combined effect of the changes in contributions and benefits is not projected to reduce the funded percentage of the plan in any year, or (C) subject to regulations issued by the Secretary of the Treasury, the plan sponsor reasonably determines that the acceptance of such an agreement is in the best interests of plan participants and beneficiaries and that rejection of the agreement would have an adverse financial effect on the plan. . (3) Stable and unrestricted plans Subsection (b) of section 305 of such Act ( 29 U.S.C. 1085 (A) by striking endangered and critical (B) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as paragraphs (2), (3), (4), (5), (6), and (7), respectively, and (C) by inserting before paragraph (2) the following new paragraph: (1) Stable and unrestricted status (A) Stable A multiemployer plan is in stable status for a plan year if, as determined by the plan actuary under paragraph (4), the plan is not in unrestricted status for the plan year, is not in endangered, critical, or critical and declining status for the plan year, and is not described in paragraph (6). (B) Unrestricted A multiemployer plan is in unrestricted status for a plan year if, as determined by the plan actuary under paragraph (4)— (i) the plan is not in endangered, critical, or critical and declining status for the plan year, (ii) the plan is not described in paragraph (6), and (iii) as of the beginning of the plan year— (I) the plan's current liability funded percentage for such plan year is at least 70 percent and the plan's projected funded percentage as of the first day of the 15th succeeding plan year is at least 115 percent, or (II) the plan's current liability funded percentage for such plan year is at least 80 percent. (C) Current liability funded percentage For purposes of this section, the term current liability funded percentage . (4) Amendment to annual certification by plan actuary Subparagraph (A) of paragraph (4) (as redesignated by paragraph (3)) of section 305(b) of such Act ( 29 U.S.C. 1085(b) whether or not the plan is in unrestricted or stable status for such plan year, whether or not the plan is in endangered status (5) Conforming and technical amendments (A) Technical correction Section 305(b)(3)(B) of such Act ( 29 U.S.C. 1085(b)(3)(B) (B) Conforming amendments (i) Paragraphs (2) and (3) of section 305(b) of such Act ( 29 U.S.C. 1085(b) paragraph (3) paragraph (4) (ii) Section 305(b)(2) of such Act ( 29 U.S.C. 1085(b)(2) paragraph (5) paragraph (6) (iii) Section 305(b)(4) of such Act ( 29 U.S.C. 1085(b)(4) (I) by striking paragraph (4) paragraph (5) (II) by striking subsection (e)(9) subsection (f)(9) (III) by striking subsection (e)(3)(A)(ii) subsection (f)(3)(A)(ii) (IV) by striking subsection (e) subsection (f) (V) by striking paragraph (4) paragraph (5) (VI) by striking subsection (e)(8) subsection (f)(8) (VII) by striking paragraph (5) paragraph (6) (VIII) by striking (iii) In the case of (iii) Special rule (iv) Section 305(b)(5) of such Act ( 29 U.S.C. 1085(b)(5) (I) by striking paragraph (2) paragraph (3) (II) by striking paragraph (3)(B)(iv) paragraph (4)(B)(iv) (III) by striking paragraph (3) paragraph (4) (IV) by striking paragraph (3)(A) paragraph (4)(A) (V) by striking paragraph (2) paragraph (3) (VI) by striking subsection (e)(4)(B) subsection (f)(4)(B) (v) Section 305(b)(6)(A) of such Act ( 29 U.S.C. 1085(b)(6)(A) (I) by striking paragraph (3)(A) paragraph (4)(A) (II) by striking paragraph (1)(A) paragraph (2)(A) (III) by striking paragraph (1)(B) paragraph (2)(B) (vi) Section 305(b)(7) of such Act ( 29 U.S.C. 1085(b)(7) paragraph (2) paragraph (3) (vii) Paragraphs (1)(A), (4)(A)(ii), (4)(C)(i), (4)(C)(ii), (4)(D), (5)(A)(i), (5)(B), and (8) of subsection (d), and subsections (e)(2), (f)(1)(A), (f)(4)(B)(i), (f)(4)(B)(ii)(I), (f)(5), and (g)(3) of section 305 of such Act ( 29 U.S.C. 1085 subsection (b)(3)(A) subsection (b)(4)(A) (viii) Section 305(d)(3)(A)(i)(I) of such Act ( 29 U.S.C. 1085(d)(3)(A)(i)(I) paragraph (b)(3) subsection (b)(4) (ix) Section 305(d)(4)(D) of such Act ( 29 U.S.C. 1085(d)(4)(D) subsection (d) subsection (e) (x) Section 305(e) of such Act ( 29 U.S.C. 1085(e) (e) Rules for operation of plan during adoption and improvement periods A plan may not be amended after the date of the adoption of a funding improvement plan under subsection (d) so as to be inconsistent with the funding improvement plan or the requirements of subsection (c). . (xi) Clauses (i)(I) and (ii)(I) of section 305(f)(4)(B) of such Act ( 29 U.S.C. 1085(f)(4)(B) subsection (b)(2) subsection (b)(3) (xii) Subsections (f)(8)(A)(ii) and (g)(2)(A) of section 305 of such Act ( 29 U.S.C. 1085 subsection (b)(3)(D) subsection (b)(4)(D) (xiii) Section 305(f)(9)(J) of such Act ( 29 U.S.C. 1085(f)(9)(J) (I) by striking subsection (b)(3) subsection (b)(4) (II) by striking paragraphs (1) and (2) paragraphs (2) and (3) (xiv) Subparagraphs (A) and (B) of section 305(g)(1) of such Act ( 29 U.S.C. 1085(g)(1) subsection (e) subsection (f) (xv) Paragraph (2)(A) of section 305(g) of such Act ( 29 U.S.C. 1085(g) (b)(3)(D) (b)(4)(D) (xvi) Section 305(h) of such Act ( 29 U.S.C. 1085(h) (I) by striking subsection (e)(8) or (f) subsection (f)(8) or (g) (II) by striking subsection (e)(9) subsection (f)(9) (III) by striking subsection (e)(7) subsection (f)(7) (IV) by striking rehabilitation plan rehabilitation plan. The preceding sentence shall not apply to any increase in contribution requirements due to increased levels of work, employment, or periods for which compensation is provided, except to the extent such an increase is used to provide an increased accrual rate of benefits or change in the rate at which benefits become nonforfeitable which increases plan liabilities. (xvii) Section 305(i) of such Act ( 29 U.S.C. 1085(i) (I) by striking subsection (c) subsection (d) (II) by striking subsection (e) subsection (f) (xviii) Section 305(j)(2) of such Act ( 29 U.S.C. 1085(j)(2) subsections (c) and (e) subsections (d) and (f) (xix) Section 101(f)(2)(B) of such Act ( 29 U.S.C. 1021(f)(2)(B) (I) by striking 305(i) 305(k) (II) by striking 305(i)(8) 305(k)(8) (xx) Section 103(f)(1)(B)(ii) of such Act ( 29 U.S.C. 1023(f)(1)(B)(ii) 305(i)(2) 305(k)(2) (xxi) Section 302(b)(3) of such Act ( 29 U.S.C. 1082 section 305(e) section 305(f) (xxii) Section 4231(e)(2)(A) of such Act ( 29 U.S.C. 1411(e)(2)(A) section 305(b)(4) 305(b)(7) (xxiii) Section 4233 of such Act ( 29 U.S.C. 1413 (I) by striking 305(e)(9) 305(f)(9) (II) by striking 305(e)(9)(E)(vi) 305(f)(9)(E)(vi) (xxiv) Section 4245 of such Act ( 29 U.S.C. 1426 (I) by striking 305(b)(2),, 305(b)(3), (II) by striking 305(b)(2) 305(b)(3) (III) by striking 305(e)(9) 305(f)(9) (xxv) The heading of section 305 of such Act ( 29 U.S.C. 1085 in endangered status or critical status (6) Withdrawal liability determination for plans emerging from endangered or critical status Section 305(h) of such Act ( 29 U.S.C. 1085(h) (4) Emergence from endangered or critical status (A) In general In the case of increases in the contribution rate (or other increases in contribution requirements unless due to increased levels of work, employment, or periods for which compensation is provided) disregarded pursuant to paragraph (3), this subsection shall cease to apply as of the later of— (i) the end of the first plan year following the plan year in which the plan is no longer in endangered or critical status, or (ii) the end of the plan year which includes the expiration date of the first collective bargaining agreement requiring plan contributions which expires after the plan is no longer in endangered or critical status. (B) Highest contribution rate Notwithstanding subparagraph (A), once the plan emerges from endangered or critical status— (i) increases in the contribution rate disregarded pursuant to paragraph (3) shall continue to be disregarded in determining the highest contribution rate under section 4219(c) for plan years during which the plan was in endangered or critical status, and (ii) the highest contribution rate for purposes of such section shall be the greater of— (I) the sum of— (aa) the employer's contribution rate as of the later of the last day of the last plan year ending before December 31, 2014, and the last day of the plan year for which the employer first had an obligation to contribute to the plan, and (bb) any contribution increases determined in accordance with this section after such later date and before the date the employer withdraws from the plan, or (II) the highest contribution rate for any plan year after the plan year which includes the earlier of— (aa) the expiration date of the first collective bargaining agreement applicable to the withdrawing employer requiring plan contributions which expires after the plan is no longer in endangered or critical status, or (bb) the date as of which the withdrawing employer negotiated a contribution rate effective after the plan year in which the plan is no longer in endangered or critical status. . (7) Effective date The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) Determination of endangered status Paragraph (2) of section 305(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(b) (2) Endangered status A multiemployer plan is in endangered status for a plan year if, as determined by the plan actuary under paragraph (5), the plan is not in critical or declining status for the plan year and is not described in paragraph (7), and, as of the beginning of the plan year— (A) the plan’s funded percentage for such plan year is less than 80 percent, (B) the plan is projected to have an accumulated funding deficiency for any of the 9 succeeding plan years, taking into account any extension of amortization periods under section 304(d), or (C) the plan's projected funded percentage as of the first day of the 15th succeeding plan year is less than 100 percent. . (c) Determination of critical status Paragraph (3) of section 305(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(b) (3) Critical status (A) In general A multiemployer plan is in critical status for a plan year if, as determined by the plan actuary under paragraph (5), the plan is not in declining status for the plan year and, as of the beginning of the plan year— (i) the plan's funded percentage is less than 65 percent, (ii) the plan has an accumulated funding deficiency for the plan year, or is projected to have such an accumulated funding deficiency for any of the 6 succeeding plan years, taking into account any extension of amortization periods under section 304(d), or (iii) the plan's projected funded percentage as of the first day of the 15th succeeding plan year is less than 80 percent. (B) Original plans Notwithstanding subparagraph (A), a multiemployer plan which is an original plan pursuant to section 4233A(d)(3) shall be treated as being in critical status for the period of 15 consecutive plan years beginning with the plan year that includes the date of the partition under section 4233A. . (d) Declining status (1) In general (A) The following provisions of section 305 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085 critical and declining declining (i) Subsection (a)(4) (as redesignated by subsection (a)(1)). (ii) Subparagraphs (A) and (B)(i) of subsection (b)(1), as added by subsection (a)(3). (iii) Subsection (b)(4)(B)(v) (as redesignated by subsection (a)(3)). (iv) The heading of clause (v) of subsection (b)(4)(B), as redesignated by subsection (a)(3). (v) Paragraph (1)(B), and the heading of such paragraph (1)(B), of subsection (c), as added by subsection (a)(2). (vi) The heading of paragraph (9) of subsection (f) (as redesignated by subsection (a)(2)). (vii) Subparagraphs (A), (C), (G)(i), and (J) of subsection (f)(9) (as so redesignated). (viii) Subsection (h)(1) (as so redesignated). (B) Subsections (c), as amended by section 221, and (e)(2)(A), as amended by this section, of section 4231 of such Act ( 29 U.S.C. 1411(e)(2)(A) critical and declining status declining status (C) Section 4233(b)(1) of such Act ( 29 U.S.C. 1413(b)(1) critical and declining status declining status (D) Section 4245(f) of such Act ( 29 U.S.C. 1426 critical and declining status declining status (2) Determination of declining status (A) In general Subsection (b) of section 305 of such Act ( 29 U.S.C. 1085 (i) by striking paragraph (7), as redesignated by subsection (a)(3), (ii) by redesignating paragraphs (4), (5), and (6), as so redesignated, as paragraphs (5), (6), and (7), respectively, and (iii) by inserting after paragraph (3), as so redesignated, the following new paragraph: (4) Declining status A multiemployer plan is in declining status for a plan year if— (A) as determined by the plan actuary under paragraph (5), as of the beginning of the plan year the plan is projected to become insolvent within the plan year or any of the 29 succeeding plan years, (B) the plan is otherwise in critical status for the plan year as determined by the plan actuary under paragraph (5), and the plan sponsor determines that, based on reasonable actuarial assumptions and upon exhaustion of all reasonable measures, the plan cannot reasonably be expected to emerge from critical status within the next 30 plan years, or (C) the plan has a funded percentage for the plan year which is greater than the projected funded percentage as of the first day of the 15th succeeding plan year, unless the funded percentage for the plan year is 100 percent or greater and the projected funded percentage as of the first day of such 15th succeeding plan year is less than 100 percent. . (B) Conforming amendments (i) Paragraph (1) of section 305(b) of such Act ( 29 U.S.C. 1085 (I) by striking paragraph (4) paragraph (5) (II) by striking paragraph (6) paragraph (7) (ii) Subsection (c) of section 305 of such Act ( 29 U.S.C. 1085 (b)(4) (b)(5) (iii) Section 305(b)(5) of such Act ( 29 U.S.C. 1085(b)(5) (I) by striking paragraph (5) paragraph (6) (II) by striking paragraph (5) paragraph (6) (III) by striking paragraph (6) paragraph (7) (iv) Section 305(b)(6) of such Act ( 29 U.S.C. 1085(b)(6) (I) by striking paragraph (4)(B)(iv) paragraph (5)(B)(iv) (II) by striking paragraph (4) paragraph (5) (III) by striking paragraph (4)(A) paragraph (5)(A) (v) Section 305(b)(7)(A) of such Act ( 29 U.S.C. 1085(b)(7)(A) (I) by striking paragraph (4)(A) paragraph (5)(A) (II) by striking either paragraph (2)(A) or paragraph (2)(B) any subparagraph of paragraph (2) (vi) Section 305(b)(7)(B) of such Act ( 29 U.S.C. 1085(b)(7)(B) critical or endangered endangered, critical, or declining (vii) Paragraphs (1)(A), (4)(A)(ii), (4)(C)(i), (4)(C)(ii), (4)(D), and (8) of subsection (d), and subsections (f)(1)(A), (f)(4)(B)(i), (f)(4)(B)(ii)(I), (f)(5), and (g)(3) of section 305 of such Act ( 29 U.S.C. 1085 subsection (b)(4)(A) subsection (b)(5)(A) (viii) Section 305(d)(3)(A)(i)(I) of such Act ( 29 U.S.C. 1085(d)(3)(A)(i)(I) subsection (b)(4) subsection (b)(5) (ix) Subsections (f)(8)(A)(ii) and (g)(2)(A) of section 305 of such Act ( 29 U.S.C. 1085 subsection (b)(4)(D) subsection (b)(5)(D) (x) Section 305(f)(9)(J) of such Act ( 29 U.S.C. 1085(f)(9)(J) subsection (b)(4) subsection (b)(5) (xi) Section 4231(e)(2)(A) of such Act ( 29 U.S.C. 1411(e)(2)(A) 305(b)(7) 305(b)(4) (3) Solvency plan (A) In general Paragraph (4) (as redesignated by subsection (a)(1) and amended by paragraph (1)) of section 305(a) of such Act ( 29 U.S.C. 1085(a) (i) by redesignating subparagraph (B) as subparagraph (D), and (ii) by striking subparagraph (A) and inserting before subparagraph (D) (as so redesignated) the following new subparagraphs: (A) the plan sponsor shall adopt and implement a solvency plan in accordance with the requirements of subsection (h), (B) any rehabilitation plan in place as of the date the plan enters declining status shall continue to apply throughout the solvency plan adoption period, (C) the requirements of subsection (i) and paragraphs (6) and (7) of subsection (f) shall apply during the solvency plan adoption period and the solvency attainment period, and . (B) Adoption of plan Section 305 of such Act ( 29 U.S.C. 1085 (i) by redesignating subsection (l), as added by title V of this Act, as subsection (n), and by further redesignating subsections (h), (i), (j), and (k), as redesignated by subsection (a)(2), as subsections (j), (k), (l), and (m), respectively, and (ii) by inserting after subsection (g), as redesignated by subsection (a)(2), the following new subsections: (h) Solvency plan must be adopted for multiemployer plans in declining status (1) In general In any case in which a multiemployer plan is in declining status for a plan year, the plan sponsor, in accordance with this subsection— (A) shall adopt a solvency plan not later than 240 days following the required date for the actuarial certification of declining status under subsection (b)(5)(A), and (B) within 30 days after the adoption of the solvency plan shall provide to the bargaining parties 1 or more schedules showing revised benefit structures, revised contribution structures, or both, which, if adopted, may reasonably be expected to enable the multiemployer plan to meet the requirements of paragraph (3), including— (i) one default proposal under which— (I) all adjustable benefits in the form of early retirement subsidies (including early reduction factors which are not provided on an actuarially equivalent basis) under the plan are eliminated, and (II) the future monthly benefit accrual rate under the plan is reduced to the equivalent of 1 percent of annual contributions (or, if lower, the current accrual rate) based on the contribution rate in effect as of the later of the first day of the plan year in which the plan enters declining status or the date of a partition under section 4233A, and which may also include reduction or elimination of any other adjustable benefits under the plan, and (ii) any additional schedules which reduce or eliminate adjustable benefits under the plan which the plan sponsor deems appropriate to provide as an alternative to the default proposal. No schedule provided to or adopted by the bargaining parties shall provide for a monthly benefit accrual rate in excess of the rate described in subparagraph (B)(i)(II). (2) Exception for years after process begins Paragraph (1) shall not apply to a plan year if such year is in a solvency plan adoption period or solvency attainment period by reason of the plan being in declining status for a preceding plan year, except that the next update of the solvency plan shall fulfill the requirement of paragraph (1)(B)(i). For purposes of this section, such preceding plan year shall be the initial determination year with respect to the solvency plan to which it relates. (3) Solvency plan For purposes of this section, a solvency plan is a plan which consists of the actions, including options or a range of options to be proposed to the bargaining parties, formulated, based on reasonably anticipated experience and reasonable actuarial assumptions, to enable the plan to delay or avoid the projected insolvency. (4) Solvency attainment period For purposes of this section— (A) In general Except as provided in subparagraph (B), the solvency attainment period for any solvency plan adopted pursuant to this subsection is the period— (i) beginning on the first day of the first plan year of the multiemployer plan beginning after the earlier of— (I) the second anniversary of the date of the adoption of the solvency plan, or (II) the expiration of the collective bargaining agreements in effect on the due date for the actuarial certification of declining status for the initial determination year under subsection (b)(5)(A) and covering, as of such due date, at least 75 percent of the active participants in such plan, and (ii) ending on the date the plan either emerges from declining status or becomes insolvent. (B) Coordination with changes in status (i) Plans no longer in declining status If the plan’s actuary certifies in accordance with subparagraph (C) for a plan year in any solvency plan adoption period or solvency attainment period that the plan is no longer in declining status, the solvency plan adoption period or solvency attainment period, whichever is applicable, shall end as of the date of such certification. (ii) Plans in critical or endangered status If the plan’s actuary certifies under subsection (b)(5)(A) for the plan year described in clause (i) that the plan is in critical or endangered rather than declining status, the provisions of subsections (d) and (e), or subsections (f) and (g), whichever are applicable, shall be applied as if such plan year were an initial determination year, except that the plan may not be amended in a manner inconsistent with the solvency plan in effect for the preceding plan year until a new funding improvement plan or rehabilitation plan, whichever is applicable, is adopted. (C) Emergence A plan in declining status shall remain in such status until a plan year for which the plan actuary certifies, in accordance with subsection (b)(5)(A), that the plan is not described in one or more of the subparagraphs in subsection (b)(4) as of the beginning of the plan year. (5) Updates to solvency plans and schedules (A) Solvency plan The plan sponsor shall annually update the solvency plan and shall file the update with the plan’s annual report under section 104. (B) Schedules The plan sponsor shall annually update any schedule of contribution rates provided under this subsection to reflect the experience of the plan. (C) Duration of schedule A schedule of contribution rates provided by the plan sponsor and relied upon by bargaining parties in negotiating a collective bargaining agreement shall remain in effect for the duration of that collective bargaining agreement. (6) Imposition of schedule where failure to adopt solvency plan (A) Initial contribution schedule If— (i) a collective bargaining agreement providing for contributions under a multiemployer plan that was in effect at the time the plan entered declining status expires, and (ii) after receiving one or more schedules from the plan sponsor under paragraph (1)(B), the bargaining parties with respect to such agreement fail to adopt a contribution schedule with terms consistent with the solvency plan and a schedule from the plan sponsor, the plan sponsor shall implement the schedule described in paragraph (1)(B)(i) beginning on the date specified in subparagraph (C). (B) Subsequent contribution schedule If— (i) a collective bargaining agreement providing for contributions under a multiemployer plan in accordance with a schedule provided by the plan sponsor pursuant to a solvency plan (or imposed under subparagraph (A)) expires while the plan is still in declining status, and (ii) after receiving one or more updated schedules from the plan sponsor under paragraph (5)(B), the bargaining parties with respect to such agreement fail to adopt a contribution schedule with terms consistent with the updated solvency plan and a schedule from the plan sponsor, then the contribution schedule applicable under the expired collective bargaining agreement, as updated and in effect on the date the collective bargaining agreement expires, shall be implemented by the plan sponsor beginning on the date specified in subparagraph (C). (C) Date of implementation The date specified in this subparagraph is the date which is 180 days after the date on which the collective bargaining agreement described in subparagraph (A) or (B) expires. (7) Solvency plan adoption period For purposes of this section, the term solvency plan adoption period (i) Rules for operation of plan during adoption and attainment periods (1) Compliance with solvency plan (A) In general A plan may not be amended after the date of the adoption of a solvency plan under subsection (h) so as to be inconsistent with the solvency plan. (B) Special rules for benefit increases A plan may not be amended after the date of the adoption of a solvency plan under subsection (h) so as to increase benefits, including future benefit accruals, unless the increase is required by law or is a de minimis change. (C) Special rules for increases in compensation or contribution rate Any increase in employee compensation or contribution rates which takes effect after the first day of the plan year in which the plan enters declining status shall not give rise to an increase in benefits or future benefit accruals under the plan. (2) Restriction on lump sums and similar benefits (A) In general Effective on the date the notice of certification of the plan’s declining status for the initial determination year under subsection (b)(5)(D) is sent, and notwithstanding section 204(g), the plan shall not pay— (i) any payment, in excess of the monthly amount paid under a single life annuity (plus any social security supplements described in the last sentence of section 204(b)(1)(G)), to a participant or beneficiary whose annuity starting date (as defined in section 205(h)(2)) occurs after the date such notice is sent, (ii) any payment for the purchase of an irrevocable commitment from an insurer to pay benefits, or (iii) any other payment specified by the Secretary of the Treasury by regulations, unless it is a de minimis amount. (B) Exception Subparagraph (A) shall not apply to a benefit which under section 203(e) may be immediately distributed without the consent of the participant or to any makeup payment in the case of a retroactive annuity starting date or any similar payment of benefits owed with respect to a prior period. (3) Special rules for plan adoption period During the period beginning on the date of the certification under subsection (b)(5)(A) for the initial determination year and ending on the date of the adoption of a solvency plan— (A) the plan sponsor may not accept a collective bargaining agreement or participation agreement with respect to the multiemployer plan that provides for— (i) a reduction in the level of contributions for any participants, (ii) a suspension of contributions with respect to any period of service, or (iii) any new direct or indirect exclusion of younger or newly hired employees from plan participation, unless the plan sponsor reasonably determines that the acceptance of such an agreement is in the best interests of participants and beneficiaries and that rejection of such agreement would adversely affect the plan, and (B) no amendment of the plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 . (C) Suspension of benefits Section 305 of such Act ( 29 U.S.C. 1085 (i) by redesignating paragraph (9) of subsection (f) (as redesignated by subsection (a)(2)) as paragraph (8) of subsection (h) (as added by subparagraph (B)), and (ii) by moving such paragraph to the position immediately after paragraph (7) of such subsection (h). (4) Conforming amendments (A) Subsection (a)(4)(D) of section 305 of such Act ( 29 U.S.C. 1085 subsection (f)(9) subsection (h)(8) (B) Paragraph (5) of section 305(b) of such Act ( 29 U.S.C. 1085(b) (i) by striking critical critical or declining (ii) by striking funding improvement or rehabilitation period funding improvement, rehabilitation, or solvency attainment period (iii) by striking funding improvement or rehabilitation plan funding improvement, rehabilitation, or solvency plan (iv) by striking endangered or critical endangered, critical, or declining (v) by striking funding improvement plan or rehabilitation funding improvement, rehabilitation, or solvency (vi) by striking critical critical or declining (vii) by striking rehabilitation period rehabilitation or solvency attainment period (viii) by striking as described in subsection (f)(9) (ix) by inserting if the plan is already in a rehabilitation period, and if reasonable (x) by striking subsection (f)(9) subsection (h)(8) (xi) by striking endangered or critical endangered, critical, or declining (xii) by striking endangered or critical endangered, critical, or declining (xiii) by striking endangered or critical endangered, critical, or declining (xiv) by striking funding improvement or rehabilitation plan funding improvement, rehabilitation, or solvency plan (xv) by adding at the end of subparagraph (D) the following new clause: (vii) Notice of projection to be in declining status in a future plan year In any case in which it is certified under subparagraph (A)(i) that a multiemployer plan will be in declining status for any of 5 succeeding plan years (but not for the current plan year), the plan sponsor shall, not later than 30 days after the date of the certification, provide notification of the projected declining status to the Pension Benefit Guaranty Corporation. . (C) Subparagraph (J) of section 305(h)(8) of such Act ( 29 U.S.C. 1085(h)(8) (i) by striking critical declining (ii) by striking shall not emerge from critical status under paragraph (4)(B), shall not emerge from declining status (D) Subsection (j) of section 305 of such Act ( 29 U.S.C. 1085 (i) by striking (f)(8) or (g) (f)(8), (g), or (i) (ii) by striking subsection (f)(9) subsection (h)(8) (iii) by striking funding improvement or rehabilitation plan funding improvement, rehabilitation, or solvency (iv) by striking funding improvement plan or rehabilitation plan funding improvement, rehabilitation, or solvency plan (v) by striking endangered or critical endangered, critical, or declining (vi) by striking endangered or critical endangered, critical, or declining (vii) by striking critical or endangered endangered, critical, or declining (E) Subsection (k) of section 305 of such Act ( 29 U.S.C. 1085 (i) by striking or a rehabilitation plan under subsection (f) , a rehabilitation plan under subsection (f), or a solvency plan under subsection (h) (ii) by striking endangered status or a plan in critical status endangered, critical, or declining status (iii) by striking has not agreed on a funding improvement plan or rehabilitation plan has not agreed on a funding improvement, rehabilitation, or solvency plan (whichever is applicable) (iv) by striking adoption of a funding improvement plan or rehabilitation plan adoption of a funding improvement, rehabilitation, or solvency plan (F) Subsection (l) of section 305 of such Act ( 29 U.S.C. 1085 (i) by striking endangered status or in critical status endangered, critical, or declining status (ii) by striking endangered or critical endangered, critical, or declining (iii) by striking (d) and (f) (d), (f), and (h) (G) Section 101(f)(2)(B) of such Act ( 29 U.S.C. 1021(f)(2)(B) (i) by striking 305(k) 305(m) (ii) by striking 305(k)(8) 305(m)(8) (H) Section 101(k)(1)(K) of such Act ( 29 U.S.C. 1021(k)(1)(K) (i) by striking critical or endangered endangered, critical, or declining (ii) by striking funding improvement or rehabilitation funding improvement, rehabilitation, or solvency (I) Section 103(f)(1)(B)(ii) of such Act ( 29 U.S.C. 1023(f)(1)(B)(ii) 305(k)(2) 305(m)(2) (J) Section 103(f)(2)(G) of such Act ( 29 U.S.C. 1023(f)(2)(G) (i) by striking critical or endangered endangered, critical, or declining (ii) by striking funding improvement or rehabilitation funding improvement, rehabilitation, or solvency (K) Section 104(d)(1)(E) of such Act ( 29 U.S.C. 1024(d)(1)(E) (i) by striking critical or endangered endangered, critical, or declining (ii) by striking funding improvement or rehabilitation funding improvement, rehabilitation, or solvency (L) Section 502(a)(10) of such Act ( 29 U.S.C. 1132(a)(10) (i) by striking endangered or critical endangered, critical, or declining (ii) by striking funding improvement or rehabilitation funding improvement, rehabilitation, or solvency (M) Section 502(c)(8) of such Act ( 29 U.S.C. 1132(c)(8) (i) by striking funding improvement plan or rehabilitation funding improvement, rehabilitation, or solvency (ii) by striking endangered or critical endangered, critical, or declining (iii) by striking which is not in seriously endangered status (iv) by striking meet the applicable benchmarks emerge from endangered status (N) Section 4233 of such Act ( 29 U.S.C. 1413 (i) by striking 305(f)(9) 305(h)(8) (ii) by striking 305(f)(9)(E)(vi) 305(h)(8)(E)(vi) (O) Section 4233(m)(1) of such Act, as added by this Act, is amended by striking funding improvement or rehabilitation funding improvement, rehabilitation, or solvency (P) Section 4233A(h)(4)(C) of such Act, as added by this Act, is amended by striking rehabilitation plan rehabilitation or solvency plan (Q) Section 4233A(m)(1) of such Act, as added by this Act, is amended by striking funding improvement or rehabilitation funding improvement, rehabilitation, or solvency (R) Section 4233A(o)(1) of such Act, as added by this Act, is amended by striking 305(k)(2) 305(m)(2) (S) Section 4233A(o)(12) of such Act, as added by this Act, is amended by striking funding improvement plan or rehabilitation funding improvement, rehabilitation, or solvency (T) Section 4245 of such Act ( 29 U.S.C. 1426 (i) by striking 305(b)(3) 305(b)(3), or a plan in declining status, as described in section 305(b)(4) (ii) by striking 305(f)(9) 305(h)(8) (e) Adjustment of benefits (1) In general Section 305 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085 (A) by further redesignating subsections (m) and (n), as redesignated by subsection (d), as subsections (n) and (o), respectively, (B) by redesignating paragraph (8) of subsection (f), as redesignated by subsection (a)(2), as subsection (m), and (C) by moving such subsection to the position immediately after subsection (l). (2) Clerical and conforming amendments (A) The heading of subsection (m) of section 305 of such Act ( 29 U.S.C. 1085 (m) Adjustment of benefits . (B) The following provisions of such subsection (m) are amended as follows: (i) Subparagraphs (A), (B), and (C) are redesignated as paragraphs (1), (2), and (4), respectively, and moved 2 ems to the left. (ii) Clauses (i), (ii), (iii), and (iv) of paragraph (1) (as so redesignated) are redesignated as subparagraphs (A), (B), (C), and (D), respectively, and moved 2 ems to the left. (iii) Subclauses (I), (II), and (III) of paragraph (1)(D) (as so redesignated) are redesignated as clauses (i), (ii), and (iii), respectively, and moved 2 ems to the left. (iv) Clauses (i), (ii), and (iii) of paragraph (4) (as so redesignated) are redesignated as subparagraphs (A), (B), and (C), respectively, and moved 2 ems to the left, and the flush sentence at the end of subparagraph (C) (as so redesignated) is moved 2 ems to the left. (v) Subclauses (I), (II), and (III) of paragraph (4)(A) (as so redesignated) are redesignated as clauses (i), (ii), and (iii), respectively, and moved 2 ems to the left. (vi) Subclauses (I) and (II) of paragraph (4)(B) (as so redesignated) are redesignated as clauses (i) and (ii), respectively, and moved 2 ems to the left. (vii) Subclauses (I), (II), and (III) of paragraph (4)(C) (as so redesignated) are redesignated as clauses (i), (ii), and (iii), respectively, and moved 2 ems to the left. (viii) Paragraph (1)(A), as so redesignated, is amended by striking subparagraph (C) paragraph (4) (ix) Paragraph (1)(B), as so redesignated, is amended by striking clause (iv)(III) subparagraph (D)(iii) (x) Paragraph (1)(D), as so redesignated, is amended by striking this paragraph this subsection (xi) Paragraph (2), as so redesignated, is amended— (I) by striking subparagraph (A)(iv)(III) paragraph (1)(D)(iii) (II) by striking this paragraph this subsection (xii) Paragraph (4)(A), as so redesignated, is amended by striking subparagraph (A) paragraph (1) (xiii) Paragraphs (4)(B) and (4)(C), as so redesignated, are each amended by striking clause (i) subparagraph (A) (xiv) The last sentence of paragraph (4)(C), as so redesignated, is amended— (I) by striking subclause (I) clause (i) (II) by striking this subparagraph this paragraph (3) Application to all plans in endangered, critical, or declining status (A) In general Subparagraph (A) of section 305(m)(1) of such Act ( 29 U.S.C. 1085(m)(1) (i) by striking the plan sponsor shall the plan sponsor of a multiemployer plan in endangered, critical, or declining status may (ii) by striking paragraph (1)(B)(i) subsection (d)(1)(B), (f)(1)(B), or (h)(1)(B), whichever is applicable (B) Conforming amendments Subparagraph (B) of section 305(m)(1) of such Act ( 29 U.S.C. 1085(m)(1) critical endangered, critical, or declining (4) Additional adjustable benefits (A) In general Subparagraph (D) of section 305(m)(1) of such Act ( 29 U.S.C. 1085(m)(1) (i) by inserting , including early reduction factors which are not provided on an actuarially equivalent basis, (i)) (ii) by striking and (iii) by striking that would not be eligible which were adopted (or, if later, took effect) less than 120 months before the first day of the first plan year in which the plan was in endangered, critical, or declining status, (iv) by adding at the end the following new clauses: (iv) any one-time bonus payment or thirteenth check (v) benefits granted for periods of service prior to participation in the plan. . (B) Conforming amendments (i) Subparagraph (B) of section 305(m)(1) of such Act ( 29 U.S.C. 1085 subparagraph (D)(iii) clause (iii), (iv), or (v) of subparagraph (D) (ii) Paragraph (2) of section 305(m) of such Act ( 29 U.S.C. 1085 paragraph (1)(D)(iii) clause (iii), (iv), or (v) of paragraph (1)(D) (iii) Section 4233A(o)(1) of such Act, as added by this Act and as amended by this section, is further amended by striking 305(m)(2) 305(n)(2) (5) Rules relating to suspension of benefits upon return to work Subsection (m) of section 305 of such Act ( 29 U.S.C. 1085 (3) Rules relating to suspension of benefits upon return to work The plan sponsor of a multiemployer plan in endangered, critical, or declining status may amend rules regarding the suspension of a participant's benefits upon a return to work after commencement of benefits, or the commencement of benefits after normal retirement age (including in the case of continued employment after normal retirement age). Any such changes shall apply only to future payments of benefits. . (6) Additional conforming amendments (A) Clause (iii) of section 305(b)(5)(D) of such Act ( 29 U.S.C. 1085(b)(5)(D) (i) by striking critical endangered, critical, or declining (ii) by striking critical status endangered, critical, or declining status (iii) by striking subsection (f)(8) subsection (m)(1)(D) (B) Subsection (j) of section 305 of such Act ( 29 U.S.C. 1085 (f)(8), (g), or (i) (e), (g), (i), or (m) (C) Section 101(f)(2)(B) of such Act ( 29 U.S.C. 1021(f)(2)(B) (i) by striking 305(m) 305(n) (ii) by striking 305(m)(8) 305(n)(8) (D) Section 103(f)(1)(B)(ii) of such Act ( 29 U.S.C. 1023(f)(1)(B)(ii) 305(m)(2) 305(n)(2) (f) Elections To be in critical or endangered status (1) In general Paragraph (6) of section 305(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(b) (A) by striking is not in critical status is not in critical or declining status (B) by striking but that is projected (i) that is projected , (C) by striking 5 plan years may, not later than (ii) that is in endangered status and is not reasonably projected to be able to emerge from endangered status within the funding improvement period under the funding improvement plan in effect, may, not later than , and (D) by striking under paragraph (3) under paragraph (3) or for endangered status under paragraph (2) (2) Election to be in endangered status Subsection (b) of section 305 of such Act ( 29 U.S.C. 1085 (8) Election to be in endangered status Notwithstanding paragraph (2)— (A) the plan sponsor of a multiemployer plan that is not in endangered, critical, or declining status for a plan year but that is projected by the plan actuary, pursuant to the determination under paragraph (5), to be in endangered status in any of the 5 succeeding plan years, may, not later than 30 days after the date of the certification under paragraph (5)(A), elect to be in endangered status effective for the current plan year, (B) the plan year in which the plan sponsor elects to be in endangered status under subparagraph (A) shall be treated for purposes of this section as the first year in which the plan is in endangered status, regardless of the date on which the plan first satisfies the criteria for endangered status under paragraph (2), and (C) a plan that is in endangered status under this paragraph shall not emerge from endangered status unless the plan's actuary certifies under paragraph (5)(A) that the plan is no longer in endangered status and is not in critical or declining status. . (g) Amendments relating to funding improvement plan (1) In general Paragraph (1) of section 305(d) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(d) (A) by striking the last sentence, and (B) in subparagraph (B), by striking funding improvement plan— (i) one default proposal under which— (I) all adjustable benefits in the form of early retirement subsidies (including early reduction factors which are not provided on an actuarially equivalent basis) under the plan are eliminated, and (II) the future monthly benefit accrual rate under the plan is reduced to the equivalent of 1 percent of annual contributions (or, if lower, the accrual rate as of the date of the enactment of the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 which may also include reduction or elimination of any other adjustable benefits under the plan, and (ii) any additional schedules which reduce or eliminate adjustable benefits under the plan which the plan sponsor deems appropriate to provide as an alternative to the default proposal. . (2) Funding improvement plan Paragraph (3) of section 305(d) of such Act ( 29 U.S.C. 1085(d) (A) by striking For purposes of this section— which consists of For purposes of this section, a funding improvement plan is a plan which consists of (B) by striking formulated to provide (A) enable the plan to emerge from endangered status by the end of the funding improvement period, and (B) avoid any accumulated funding deficiencies during the funding improvement period (taking into account any extension of amortization periods under section 304(d)). . (3) Funding improvement period Paragraph (4) of section 305(d) of such Act ( 29 U.S.C. 1085(d)(4) (B) New period based on adverse experience (i) In general If the plan's actuary determines necessary based on adverse plan experience, the plan sponsor may provide for a new 10-year period as of the first day of any plan year in the original funding improvement period, but only if the plan is still projected to meet the requirements of the funding improvement plan and emerge from endangered status at the end of the new funding improvement period. (ii) Limitation A plan sponsor may provide a new 10-year period under clause (i) not more than 1 time in any 20-consecutive-year period, unless the plan sponsor submits to the Secretary an application for an additional new period. Such application shall include a certification that the plan is projected to emerge from endangered status in the proposed new 10-year period and a description of key assumptions, to be specified in regulations promulgated by the Secretary in consultation with the Pension Benefit Guaranty Corporation. . (4) Conforming amendments (A) Subparagraph (C) of section 305(d)(4) of such Act ( 29 U.S.C. 1085(d)(4) (i) by striking critical status critical or declining status (ii) by striking rehabilitation period rehabilitation or solvency attainment period (iii) by striking critical status critical or declining status (B) Subsection (d) of section 305 of such Act ( 29 U.S.C. 1085 (C) Paragraph (6) of section 305(d) of such Act ( 29 U.S.C. 1085(d) (i) by striking (1)(B)(i)(I) (1)(B)(i) (ii) by striking paragraph (6)(B) paragraph (5)(B) (D) Paragraph (2) of section 305(d) of such Act ( 29 U.S.C. 1085(d) , except that the next update of the funding improvement plan shall fulfill the requirement of paragraph (1)(B)(i) for a preceding plan year (h) Amendments relating to rehabilitation plan (1) In general Paragraph (1) of section 305(f) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(f) (A) by striking the last 2 sentences, and (B) in subparagraph (B), by striking rehabilitation plan— (i) one default proposal under which— (I) all adjustable benefits in the form of early retirement subsidies (including early reduction factors which are not provided on an actuarially equivalent basis) under the plan are eliminated, and (II) the future monthly benefit accrual rate under the plan is reduced to the equivalent of 1 percent of annual contributions (or, if lower, the accrual rate as of the date of the enactment of the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 which may also include reduction or elimination of any other adjustable benefits under the plan, and (ii) any additional schedules which reduce or eliminate adjustable benefits under the plan which the plan sponsor deems appropriate to provide as an alternative to the default proposal. In the case of a plan adopting a rehabilitation plan described in paragraph (3)(A)(ii), no schedule provided to or adopted by the bargaining parties shall provide for a monthly benefit accrual rate in excess of the rate described in subparagraph (B)(i)(II). . (2) Rehabilitation plan (A) In general Subparagraph (A) of section 305(f)(3) of such Act ( 29 U.S.C. 1085(f)(3) (i) by striking and may include such actions (ii) by inserting , while delaying insolvency for as long as possible and maximizing the income of the plan, including income after insolvency (iii) by striking (1)(B)(i) (1)(B) (B) Conforming amendments Clause (i) of section 305(f)(3)(C) of such Act ( 29 U.S.C. 1085(f)(3)(C) (i) by striking (1)(B)(i) (1)(B) (ii) by striking the last sentence of paragraph (1) paragraph (1)(B)(i) (3) Rehabilitation period (A) In general Subparagraph (A) of section 305(f)(4) of such Act ( 29 U.S.C. 1085(f)(4) (i) by striking The rehabilitation period Except as otherwise provided in this subparagraph, the rehabilitation period (ii) by adding at the end the following: If, upon exhaustion of all reasonable measures, the plan is not reasonably expected to emerge from critical status by the end of such 10-year period, the rehabilitation period shall be extended to take into account the projected date of emergence from critical status (if the rehabilitation plan remained in effect until such date) or the projected date of insolvency (if applicable) (unless the plan enters declining status). (B) Emergence from critical status Subparagraph (B) of section 305(f)(4) of such Act ( 29 U.S.C. 1085(f)(4) (i) by inserting and is not in declining status, (ii) by striking subclause (III) of clause (i) and inserting the following: (III) the plan's projected funded percentage as of the first day of the 15th succeeding plan year is at least 100 percent and is projected to increase after such date. , (iii) by striking that— regardless of whether that the plan meets the requirements of subclauses (II) and (III) of clause (i), regardless of whether (iv) by striking unless— unless, as of such plan year, the plan fails to meet the requirements of subclause (II) or (III) of clause (i). (4) Rules relating to benefit increases during rehabilitation period Subparagraph (B) of section 305(g)(1) of such Act ( 29 U.S.C. 1085(g)(1) unless unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 (5) Conforming amendments (A) Paragraph (6) of section 305(f) of such Act ( 29 U.S.C. 1085(f) the last sentence of paragraph (1) paragraph (1)(B)(i) (B) Paragraph (2) of section 305(f) of such Act ( 29 U.S.C. 1085(f) , except that the next update of the rehabilitation plan shall fulfill the requirement of paragraph (1)(B)(i) for a preceding plan year (i) Actuarial assumptions (1) In general Subsection (n) of section 305 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085 (A) by striking method method and assumptions (B) by adding at the end the following new paragraph: (11) Actuarial assumptions (A) In general The actuarial assumptions relied upon for purposes of this section by a plan actuary shall be individually reasonable and, in the aggregate, shall be reasonable and (with the exception of assumptions regarding future contributions) represent the actuary’s best estimate of future plan experience, within limitations prescribed by the Secretary of the Treasury. A plan actuary shall avoid conservatism or optimism in individual assumptions to the extent that they would result in a set of assumptions that is unreasonable in the aggregate. (B) Investment returns The investment return assumption for projecting plan assets may differ from the actuarial valuation interest rate. In selecting the investment return assumption for projecting plan assets, the plan actuary shall estimate the expected return of the plan’s investments as currently invested and as expected to be invested in the future, consistent with the plan’s adopted investment policy, if applicable. It is reasonable for an actuary to expect that the plan’s investment decisions will consider risk, expected returns over time, and expected future benefit payments. The investment return assumption shall not exceed the interest rate used to determine past service liability under section 431(b)(6). (C) Contributions (i) In general The plan actuary shall develop assumptions for the projection of future contributions, including assumptions regarding industry activity among contributing employers and contribution rates, based on information provided by the plan sponsor, which must act reasonably and in good faith. The plan actuary shall certify the reasonableness of all assumptions. (ii) Projected industry activity Any projection of activity in the industry or industries covered by the plan, including future covered employment and contribution levels, shall be based on information provided by the plan sponsor acting reasonably and in good faith. (iii) Future contribution base units (I) Declining contribution base units If recent experience of the plan has been declining contribution base units, the plan actuary may assume future contribution base units will continue to decline at the same annualized trend as over the 5 immediately preceding plan years, unless the actuary determines that there have been significant changes that would make such assumption unreasonable. (II) Flat or increasing contribution base units If recent experience of the plan has been increasing, or neither increasing nor decreasing, contribution base units, the plan actuary may assume future contribution base units will remain unchanged indefinitely, unless the actuary determines that there have been significant changes that would make such assumption unreasonable. (iv) Future contribution rates (I) In general Projections of contributions shall be based on the contribution rates consistent with the terms of collective bargaining and participation agreements currently in effect. (II) Future increases in accordance with correction plans If reasonable and applicable, the plan actuary may assume future increases in contribution rates consistent with the adopted funding improvement plan, rehabilitation plan, or solvency plan. (III) Additional factors Information provided by the plan sponsor to the plan actuary in setting the assumption regarding future increases in contribution rates shall take into account the ability of the participating employers to make contributions at the scheduled rates over time, considering relevant factors such as projected industry activity, the financial strength of participating employers, market competition, and the scheduled contribution rate to the plan relative to the overall wage package. (D) Assumptions for developing schedules All schedules under any funding improvement plan, rehabilitation plan, or solvency plan must be developed based on the same set of actuarial assumptions unless it would be unreasonable to do so, taking into account the anticipated impact of the schedules on participant behavior and employer participation. . (2) Additions to Form 5500 Schedule MB Subparagraph (B) of section 305(b)(5) of such Act ( 29 U.S.C. 1085(b)(5) (vi) Additional attachments The plan actuary shall attach to the certification required under subparagraph (A)— (I) documentation supporting the certification of status under subparagraph (A)(i), including projections of the funding standard account, funded percentage, and solvency of the plan, (II) a clear description of the key assumptions used in performing the projections, including investment returns, contribution base units, and contribution rates, (III) a 5-year history of contributions, including contribution base units, average contribution rates, and withdrawal liability payments, and a comparison of such contribution base units, rates, and payments to projections made by the plan, and (IV) an alternate projection of the funding standard account, funded percentage, and solvency, based on the following assumptions: (aa) Annual future investment returns on plan assets equal the actuarial interest rate assumption minus 1 percent. (bb) Future contribution base units projected using a trend equal to the lesser of— (AA) the annualized trend of actual contribution base units over the 5 preceding plan years, and (BB) no change in future contribution base units. (cc) No increases in future contribution rates beyond those consistent with the collective bargaining agreements and participation agreements in effect for the plan year. (dd) The withdrawal from the plan of the employer which has contributed the greatest total amount of contributions over the 5 preceding plan years, if such employer has contributed at least 10 percent of the total contributions to the plan over such 5 plan years and such employer has a below investment grade credit rating (but only if obtaining the credit rating of such employer is not an undue burden). (ee) If such credit rating cannot be obtained without undue burden, the withdrawal of the employer which has contributed the greatest total amount of contributions over the 5 preceding plan years, if such employer has contributed at least 10 percent of the total contributions to the plan over such 5 plan years without regard to collection of any withdrawal liability. (ff) If no employer has contributed at least 10 percent of the total contributions to the plan over the 5 preceding plan years, the withdrawal of the employer which contributed the greatest total amount of contributions for the current plan year, without regard to collection of any withdrawal liability, unless the employer contributed less than 1 percent of the total contributions to the plan for such plan year. (gg) Other assumptions consistent with the projection based on the actuary’s best estimate assumptions. . (3) Conforming amendments (A) Section 305(b)(5)(B)(i) of such Act ( 29 U.S.C. 1085(b)(5)(B)(i) assumptions assumptions meeting the requirements of subsection (n)(11) (B) Section 305(b)(5)(A)(vi) of such Act ( 29 U.S.C. 1085(b)(5)(A)(vi) reasonable actuarial assumptions assumptions meeting the requirements of subsection (n)(11) (C) Paragraph (3) of section 305(d) of such Act ( 29 U.S.C. 1085(d) reasonable actuarial assumptions assumptions meeting the requirements of subsection (n)(11) (D) Clause (i) of section 305(f)(3)(A) of such Act ( 29 U.S.C. 1085(f)(3)(A) reasonable actuarial assumptions assumptions meeting the requirements of subsection (n)(11) (E) Section 305(h)(3) of such Act ( 29 U.S.C. 1085(h)(3) reasonable actuarial assumptions assumptions meeting the requirements of subsection (n)(11) (j) Conforming amendments relating to premiums Paragraph (10) of section 4006(a) of such Act ( 29 U.S.C. 1306(a) (1) by striking 305(b)(7) 305(b)(4) (2) by striking critical and declining declining (3) by striking 305(f)(9) 305(h)(8) (k) Conforming amendments relating to composite and legacy plans (1) Sections 203(a)(3)(E)(ii), 204(b)(1)(B)(i), 204(b)(1)(H)(v), and 204(g)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1053(a)(3)(E)(ii) 305(f) 305(h)(8) (2) Sections 304(b)(10), 805(d)(2)(D), and 805(d)(4) of such Act, as added by title V, are each amended by striking endangered or critical endangered, critical, or declining (3) Section 801(b)(1) of such Act, as so added, is amended by striking endangered or critical endangered, critical, or declining (4) Sections 801(b)(1), 801(b)(5)(B), 805(b)(1)(A), and 805(e)(3) of such Act, as so added, are each amended by striking 305(b)(4) 305(b)(5) (5) Sections 801(b)(5)(B) and 805(b)(1)(A) of such Act, as so added, are each amended by striking endangered or critical endangered, critical, or declining (6) Section 802(b)(1) of such Act, as so added, is amended by striking and ; and (D) consistent with the principles of subparagraphs (B), (C), and (D) of section 305(n)(11). . (7) Sections 802(b)(5) and 805(d)(2)(A) of such Act, as so added, are each amended by striking 305(b)(4)(B) 305(b)(5)(B) (8) Section 803(a)(2)(D) of such Act, as so added, is amended by striking 305(f)(9)(D)(vi) 305(h)(8)(D)(vi) (9) Section 803(a)(3) of such Act, as so added, is amended by striking 305(f)(8) 305(m)(1)(D) (10) Section 805(d)(2)(D) of such Act, as so added and amended, is further amended by striking funding improvement or rehabilitation plan funding improvement, rehabilitation, or solvency plan (l) Additional conforming amendments (1) Section 502(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c) (A) in paragraph (7)(B), as added by section 322, by striking 305(b)(4)(D) 305(b)(5)(D) (B) in paragraph (14), as so added and as redesignated by section 501— (i) by striking 305(b)(4)(D) 305(b)(5)(D) (ii) by striking 305(b)(4) 305(b)(5) (2) Section 4003(g) of such Act ( 29 U.S.C. 1303(g) section 305(b)(4)(A) section 305(b)(5)(A) (3) Section 4042(b)(2)(B)(i) of such Act ( 29 U.S.C. 1342(b)(2)(B) (A) by striking critical and declining declining (B) by striking (7) (4) (m) Effective date Except as otherwise provided in subsection (a)(7), the amendments made by this section shall apply to plan years beginning after December 31, 2021. (n) Credit ratings No requirement of section 939 or 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (124 Stat. 1887; 15 U.S.C. 78o–7 213. Transition rules (a) Plans in endangered status (1) In general In the case of a multiemployer plan which is in endangered status as of the date of the enactment of this Act, and is on schedule as of such date to meet the applicable benchmarks in accordance with the plan's funding improvement plan— (A) Election to apply law before amendment The plan sponsor may elect to remain in endangered status and to apply section 432 29 U.S.C. 1085 (B) Transitional effective date If the plan sponsor does not make the election under paragraph (1)— (i) section 432 of such Code and section 305 of such Act as in effect on January 1, 2022, shall apply to such plan as of the first day of the first plan year beginning after December 31, 2021, and (ii) section 432(d)(1)(B)(i)(II) of such Code and section 305(d)(1)(B)(i)(II) of such Act, as amended by sections 211(g) and 212(g), respectively, shall each apply to such plan by substituting the date of the enactment of the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 the first day of the plan year in which the plan enters endangered status In the case of any plan with respect to which the plan sponsor makes the election under subparagraph (A) but which fails to continue to meet the applicable benchmarks under the funding improvement plan, this subparagraph shall apply to such plan by substituting the plan year after the first plan year for which the plan fails to meet the applicable benchmarks the first plan year beginning after December 31, 2021 (2) Plans entering endangered status between enactment and January 1, 2022 In the case of a multiemployer plan which enters endangered status after the date of the enactment of this Act and before January 1, 2022— (A) section 432 of such Code and section 305 of such Act as in effect on January 1, 2022, shall apply to such plan as if already in effect, and (B) section 432(d)(1)(B)(i)(II) of such Code and section 305(d)(1)(B)(i)(II) of such Act, as amended by sections 211(g) and 212(g), respectively, shall each apply to such plan by substituting the date of the enactment of the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 the first day of the plan year in which the plan enters endangered status (b) Plans in critical or critical and declining status (1) In general In the case of a qualified critical multiemployer plan— (A) Election to apply law before amendment The plan sponsor may elect to remain in critical or critical and declining status and to apply section 432 29 U.S.C. 1085 (B) Transitional effective date If the plan sponsor does not make the election under paragraph (1)— (i) section 432 of such Code and section 305 of such Act as in effect on January 1, 2022, shall apply to such plan as of the first day of the first plan year beginning after December 31, 2021, (ii) section 432(f)(1)(B)(i)(II) of such Code and section 305(f)(1)(B)(i)(II) of such Act, as amended by sections 211(h) and 212(h), respectively, shall each apply to such plan by substituting the date of the enactment of the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 the first day of the plan year in which the plan enters critical status (iii) section 432(h)(1)(B)(i)(II) of such Code and section 305(h)(1)(B)(i)(II) of such Act, as amended by sections 211(d)(3) and 212(d)(3), respectively, shall each apply to such plan by substituting the date of the enactment of the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 the first day of the plan year in which the plan enters declining status In the case of any plan with respect to which the plan sponsor makes the election under subparagraph (A) but which fails to continue to make scheduled progress under the rehabilitation plan, this subparagraph shall apply to such plan by substituting the plan year after the first plan year for which the plan fails to make scheduled progress under the rehabilitation plan the first plan year beginning after December 31, 2021 (C) Application of premium amendments A plan with respect to which the plan sponsor makes the election under subparagraph (A) shall be treated as described in clause (iii) of section 4006(a)(10)(B) of the Employee Retirement Income Security Act of 1974 until such time as the plan emerges from critical and declining status pursuant to section 432 of such Code and section 305 of such Act as in effect before January 1, 2022. (2) Plans entering critical or critical and declining status between enactment and January 1, 2022 In the case of a multiemployer plan which enters critical or critical and declining status after the date of the enactment of this Act and before January 1, 2022— (A) section 432 of such Code and section 305 of such Act as in effect on January 1, 2022, shall apply to such plan as if already in effect, (B) section 432(f)(1)(B)(i)(II) of such Code and section 305(f)(1)(B)(i)(II) of such Act, as amended by sections 211(h) and 212(h), respectively, shall each apply to such plan by substituting the date of the enactment of the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 the first day of the plan year in which the plan enters critical status (C) section 432(h)(1)(B)(i)(II) of such Code and section 305(h)(1)(B)(i)(II) of such Act, as amended by sections 211(d)(3) and 212(d)(3), respectively, shall each apply to such plan by substituting the date of the enactment of the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 the first day of the plan year in which the plan enters declining status (3) Qualified critical multiemployer plan For purposes of this subsection, the term qualified critical multiemployer plan (c) Election (1) In general An election under subsection (a)(1)(A) or (b)(1)(A) shall be made— (A) by notice to the Secretary of the Treasury and the Pension Benefit Guaranty Corporation, in such manner as the Secretary of the Treasury may prescribe, and (B) not later than the due date for the notice of endangered status or critical status for the first plan year beginning after December 31, 2021. (2) Periods after election After making a timely election under paragraph (1)— (A) the plan sponsor shall annually review and update (if necessary) the plan's funding improvement plan or rehabilitation plan, and (B) the plan actuary shall certify annually whether the plan is making scheduled progress under the funding improvement plan or rehabilitation plan. (d) Definitions Any term used in this section which is also used in section 432 II Provisions relating to plan mergers 221. Provisions relating to plan mergers and consolidations (a) In general Section 4231(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1411(c) (1) by striking section 406(a) or section 406(b)(2) section 404, 406(a), or 406(b)(2) (2) by adding at the end the following: The corporation shall prescribe safe harbor provisions whereby a merger of multiemployer plans or the transfer of assets or liabilities between multiemployer plans, where one of the plans is in critical and declining status pursuant to section 305 and one is in stable or unrestricted status pursuant to such section, shall be deemed to satisfy the requirements of this section. Notwithstanding the preceding sentences, the implementation of such merger or transfer shall be subject to the rules of section 404. (b) Calculation of withdrawal liability (1) In general Section 4231 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1411 (f) Calculation of withdrawal liability post-Merger The corporation shall prescribe the methods and conditions under which employers contributing to plans which are in stable or unrestricted status under section 305 when such plan merges with a plan in declining status under such section will not be allocated the unfunded vested benefits of the plan in declining status (as determined immediately before the merger). . (2) Effective date The amendment made by this section shall apply to plan mergers after December 31, 2021. 222. Clarification of PBGC financial assistance for plan mergers and partitions (a) In general Paragraph (2) of section 4231(e) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1411(e) (1) by striking the semicolon in subparagraph (B)(ii) and inserting , determined solely with respect to the liabilities and assets of the plan which was in critical and declining status prior to the merger; and (2) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C). (b) Partitions Section 4233(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1413(b) and (c) Conforming amendment relating to status changes Section 4231(e)(2)(B)(ii) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1411(e)(2)(B)(ii) critical and declining declining (d) Effective dates (1) In general The amendments made by subsections (a) and (b) shall apply to plan mergers and partitions taking effect after the date of the enactment of this Act. (2) Conforming amendment The amendment made by subsection (c) shall apply to plan mergers taking effect in plan years beginning after December 31, 2021. 223. Restoration not required for certain mergers (a) Amendment of Internal Revenue Code of 1986 Clause (ii) of section 432(f)(9)(C) If, during the period of the benefit suspension, the plan merges with a plan which is in stable or unrestricted status, nothing in this clause shall be construed to require the plan formed by the merger to restore the suspension of benefits. . (b) Amendment of ERISA Clause (ii) of section 305(f)(9)(C) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(f)(9)(C) If, during the period of the benefit suspension, the plan merges with a plan which is in stable or unrestricted status, nothing in this clause shall be construed to require the plan formed by the merger to restore the suspension of benefits. . (c) Effective date The amendments made by subsections (a) and (b) shall apply to plan mergers taking effect after the date of the enactment of this Act. III Withdrawal liability reform 231. Withdrawal liability reform (a) Withdrawal liability definition Section 4201(b)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1381(b)(1) (1) Determination of withdrawal liability (A) In general The withdrawal liability of an employer to a plan is the applicable amount determined under subparagraph (B), adjusted— (i) first, in the case of a partial withdrawal, in accordance with section 4206; (ii) second, by any de minimis reduction applicable under section 4209; and (iii) third, in accordance with section 4225. (B) Applicable amount The applicable amount determined under this subparagraph is the lesser of— (i) the amount determined under section 4211 to be the allocable amount of unfunded vested benefits; or (ii) the present value of a series of 20 equal annual payments in the amount determined with respect to the employer under section 4219(c)(1)(C). In the case of an employer withdrawing from a multiemployer plan described in subparagraph (C), clause (i) shall be applied by substituting 25 20 (C) Plans for which 25 payments required (i) In general A multiemployer plan is described in this subparagraph if the plan— (I) is certified to be in declining status (or, for plan years prior to 2022, in critical or declining status) for the plan year in which the employer’s withdrawal occurs; or (II) terminates as described in section 4041A(a) or 4042. (ii) Special rule for terminations Clause (i)(II) shall apply to each employer who withdraws from a plan during a period of 3 consecutive plan years that includes the withdrawal of every employer from the plan, or the cessation of the obligation of all employers to contribute under the plan, as described in section 4041A(a)(2). For purposes of this clause, withdrawal by an employer from a plan, during a period of 3 consecutive plan years within which substantially all the employers who have an obligation to contribute under the plan withdraw, shall be presumed to be a withdrawal pursuant to an agreement or arrangement, unless the employer proves otherwise by a preponderance of the evidence. (D) Present value For purposes of subparagraph (B)(ii), the present value of the annual payments shall be determined based on the assumptions used for the most recent actuarial valuation for the plan used to determine unfunded past service liability for funding purposes. . (b) De minimis rule Section 4209 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1389 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking unfunded vested benefits allocable under section 4211 to applicable amount determined under section 4201(b)(1)(B) with respect to (B) in paragraph (2), by striking $50,000 $100,000 (C) in the flush text following paragraph (2)— (i) by striking the unfunded vested benefits such applicable amount (ii) by striking $100,000 $200,000 (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking amount determined under section 4211 applicable amount determined under section 4201(b)(1)(B) with respect to an employer (B) in paragraph (2)(B), by striking $100,000 $250,000 (C) in the flush text at the end— (i) by striking the amount determined under section 4211 for such applicable amount with respect to (ii) by striking $150,000 $500,000 (c) Payment of withdrawal liability Section 4219(c)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1399(c)(1) (1) by striking so much of paragraph (1) as precedes subparagraph (C) and inserting: (1) (A) (i) Subject to subparagraph (B), an employer shall pay its liability determined under section 4201(b)(1) in level annual payments determined under subparagraph (C) over the applicable period of years determined under clause (ii), calculated as if the first payment were made on the first day of the plan year following the plan year in which the withdrawal occurs and as if each subsequent payment were made on the first day of each subsequent plan year. Actual payment shall commence in accordance with paragraph (2). (ii) For purposes of clause (i), if the applicable amount used under section 4201(b)(1)(A) is the amount determined— (I) under section 4201(b)(1)(B)(i), the applicable period of years is the period of years necessary to amortize such amount in level annual payments determined under subparagraph (C), or (II) under section 4201(b)(1)(B)(ii), the applicable period of years is 20 years (25 years if the plan is described in section 4201(b)(1)(C)). (iii) For purposes of clause (ii)(I), the determination of the amortization period described in clause (i) shall be based on the assumptions used for the most recent actuarial valuation for the plan to determine unfunded past service liability for funding purposes. (B) (i) If any adjustment is required to the withdrawal liability amount by reason of clause (i), (ii), or (iii) of section 4210(b)(1)(A), modifications shall be made under subparagraph (A) to reflect such adjustments in accordance with this subparagraph and in such manner as the corporation shall provide. (ii) In the case of a partial withdrawal described in section 4205(a), the amount of each annual payment shall be the product of— (I) the amount determined under subparagraph (C) (determined without regard to this subparagraph), multiplied by (II) the fraction determined under section 4206(a)(2). (iii) In the case of a de minimis reduction under section 4209, the period of years described in subparagraph (A)(ii)(I) shall be adjusted so that the withdrawal liability amount, as reduced under such section, is amortized in level annual payments determined under subparagraph (C). ; (2) in subparagraph (C)— (A) in clause (i)(I)— (i) by striking 3 5 (ii) by striking 10 20 (B) by striking clause (iii); and (3) by striking subparagraphs (D) and (E) and inserting the following: (D) (i) In the case of a subsequent partial withdrawal or a complete withdrawal that was preceded by one or more partial withdrawals, the amount of the annual payment with respect to the subsequent partial withdrawal or complete withdrawal shall be reduced by the amounts of the payments determined under subparagraph (B)(ii) with respect to each of the preceding partial withdrawals. (ii) The amount of any reductions described in clause (i) shall be phased out consistent with the method and period of time being used by the plan to allocate unfunded vested benefits under section 4211. (iii) The corporation may prescribe regulations as may be necessary to provide for proper adjustments in the reduction in the payment amount under clauses (i) and (ii). . (d) Amendment of plan Section 4211(c)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1391(c)(1) (1) by inserting (A) (c)(1) (2) by striking (b) or (d). A plan (B) A multiemployer plan , and (3) by striking , to the extent provided (i) that the amount of the unfunded vested benefits allocable to an employer that withdraws from the plan is an amount determined under paragraph (5) of this subsection, rather than under subsection (b), or (ii) to the extent provided in regulations prescribed by the corporation, that the amount of the unfunded vested benefits allocable to an employer not described in section 4203(b)(1)(A) shall be determined in a manner different from that provided in subsection (b). . III Plan governance, disclosure, and other reforms for multiemployer defined benefit pension plans A Plan governance and operations for multiemployer plans 301. Independent trustees Section 4042 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1342 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking a plan a single-employer or multiemployer plan (B) in paragraph (3)— (i) by inserting with respect to a single-employer plan (ii) by striking or (C) in paragraph (4), by striking the period at the end and inserting , or (D) by inserting after paragraph (4) the following: (5) in the case of a multiemployer plan— (A) such plan is an eligible multiemployer plan as defined in section 4233A which fails to apply for a special partition under such section, or (B) termination of the plan would protect the interests of participants and beneficiaries. ; (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting or remove appoint (II) by inserting or removal appointment (III) by striking and (ii) by striking subparagraph (B) and inserting the following: (B) upon the petition of the corporation, the appropriate United States district court shall appoint a trustee proposed by the corporation for— (i) any multiemployer plan which is in critical status or critical and declining status (as defined in paragraph (3) or (7), respectively, of section 305(b)), if the court finds the appointment of the trustee would help prevent an abuse of the multiemployer insurance program or any unreasonable increase in the liability of the fund, and (ii) any multiemployer plan which has terminated under section 4041A(a), unless a party opposing appointment of a trustee shows that such appointment would be materially adverse to the interests of the plan participants and beneficiaries in the aggregate, and ; and (iii) by adding at the end the following: (C) in the case of a special partition of a plan under section 4233A, the corporation may remove and appoint trustees subject to the provisions of paragraph (5). ; and (B) by adding at the end the following: (4) (A) A trustee appointed to a multiemployer plan under paragraph (2)(B), (2)(C), or (3) shall report plan activity to the corporation, in the form and manner provided for in the judicial or administrative order or agreement appointing the trustee. A trustee so appointed may remain a trustee engaged in the ongoing governance of a multiemployer plan whether or not the corporation initiates plan termination proceedings under subsection (c). (B) Notwithstanding plan or trust documents to the contrary, in addition to any powers described in subsection (d), the order or agreement appointing a trustee under paragraph (2)(B), (2)(C), or (3) may include authority for the corporation to monitor and oversee plan activity and to review and approve trustee decisions related to funding or financial activities of the plan. (5) (A) The corporation may remove any trustees of an original plan that received a special partition under section 4233A if the corporation determines that the actions of such trustees unreasonably increased the risk of loss to participants in the plan or to the corporation, and may appoint 1 or more new trustees as replacements. (B) The corporation may appoint a special master, which may be an employee of the corporation, the duties of whom shall be disclosed to participants and contributing employers in accordance with regulations to be issued by the corporation, with respect to each original plan, as defined in section 4233A. Such special master shall be invited to every meeting of the plan’s board of trustees or any committees thereof; shall be furnished any requested actuarial or financial information by the plan or agents thereof; shall receive all creditable complaints or other information from participants, beneficiaries, employers, plan employees and contractors, and any other person regarding the plan's operations; and shall furnish the corporation with semiannual reports of the board’s activities, the plan’s performance, and the potential liabilities of the corporation with respect to the plan. The trustees shall provide the special master with not less than 30 days notice prior to taking any action that could increase the risk of loss to the corporation, and the special master shall report such potential action to the corporation within 5 days of receiving such notice from the trustees. ; (3) in subsection (c)(1)— (A) in the second sentence, by striking subsection (b) subsection (b)(1) (B) in the third sentence, by inserting , including, in the case of a multiemployer plan, by requiring the withdrawal of employers (4) in subsection (d)(1)— (A) in subparagraph (A), by striking subsection (b) subsection (b)(1) (B) in subparagraph (B), by striking If If a trustee is appointed under paragraph (2) or (3) of subsection (b), or if 302. Investigatory authority Section 4003(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1303(a) (a) (1) The corporation may, in its discretion, investigate any facts, conditions, practices, or matters as the corporation determines necessary or proper to aid in— (A) the enforcement of any provision of this title or any rule or regulation thereunder; (B) the prescribing of rules and regulations under this title; or (C) evaluating the corporation's liability or potential liability with respect to a plan. (2) Any information or documentary material submitted to the corporation pursuant to this section, if clearly designated by the person making the submission as confidential (on each page in the case of a document, and in the file name in the case of a digital file), shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding, including an informal rulemaking. (3) The corporation may require or permit any person to submit a statement in writing, under oath or otherwise as the corporation determines, as to all facts and circumstances concerning the matter to be investigated. (4) The corporation shall annually audit a statistically significant number of plans terminating under section 4041(b) to determine whether participants and beneficiaries have received their benefit commitments and whether section 4050(a) has been satisfied. Each audit shall include a statistically significant number of participants and beneficiaries. . 303. Conditions on financial assistance (a) In general Section 4261(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1431(b) (1) in paragraph (1), by striking the period at the end and inserting , or to prevent an abuse of the multiemployer insurance program or any unreasonable increase in the liability of the fund. The corporation shall provide the plan sponsor written notice of each condition on financial assistance and a written explanation of its determination. If the sponsor fails to satisfy timely a condition on financial assistance, the corporation may withhold financial assistance until the condition is satisfied. (2) by adding at the end the following: (3) The conditions described in paragraph (1) may include an offset for the guaranteed benefits of a participant whose benefit in excess of the benefit guaranteed under this title is provided by another plan, or in the case of a plan that has not yet terminated, the cessation of future accruals or a requirement that contribution amounts or annual withdrawal liability payment amounts under section 4219 be maintained as if the employer had withdrawn on the date of insolvency. . (b) Conforming amendment Section 4261(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1431(a) section 4245(f) or section 4281(d) section 4245(e) or 4281 304. Excise tax on excess compensation of covered employees of partitioned multiemployer plans (a) In general Chapter 43 4980I. Tax on excess compensation of covered employees of partitioned multiemployer plans (a) Tax imposed In the case of an applicable multiemployer plan, there is hereby imposed an excise tax for each plan year in an amount equal to the product of— (1) the rate of tax under section 11 for taxable years beginning in the calendar year in which such plan year begins, and (2) so much of the remuneration paid by the applicable multiemployer plan for the plan year with respect to employment of any covered employee as exceeds $500,000. For purposes of the preceding sentence, remuneration shall be treated as paid when there is no substantial risk of forfeiture (within the meaning of section 457(f)(3)(B)) of the rights to such remuneration. (b) Liability for tax The applicable multiemployer plan shall be liable for the tax imposed under subsection (a). (c) Definitions and special rules For purposes of this section— (1) Applicable multiemployer plan The term applicable multiemployer plan (2) Covered employee The term covered employee (A) is one of the 5 highest compensated employees of the plan for the plan year, or (B) was a covered employee of the organization (or any predecessor) for any preceding plan year beginning after the date of the enactment of this section. (3) Remuneration The term remuneration (d) Regulations The Secretary shall prescribe such regulations as may be necessary to prevent avoidance of the tax under this section, including regulations to prevent avoidance of such tax through the performance of services other than as an employee or by providing compensation through a pass-through or other entity (including a related entity) to avoid such tax. . (b) Conforming amendment The table of sections for chapter 43 Sec. 4980I. Tax on excess compensation of covered employees of partitioned multiemployer plans. . (c) Effective date The amendments made by this section shall apply to plan years beginning after the date of enactment of this Act. B Reportable events for multiemployer plans 311. Reportable events (a) Additional reportable events (1) In general Section 4043(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1343(c) or (13) when the plan sponsor of a multiemployer plan, or such sponsor's delegate, convenes or otherwise takes action to adopt any amendment (or accepts any collective bargaining agreement) that would exclude newly hired employees from participation in the plan, or any amendment (or agreement) that would substantially reduce the rate of future benefit accruals or the contribution rate for any participants under the plan; (14) when— (A) the plan sponsor of a multiemployer plan, or such sponsor's delegate, convenes or otherwise takes action to adopt; or (B) the plan sponsor receives notice under subsection (f) or otherwise becomes aware that the bargaining parties have negotiated an agreement to adopt; a new pension plan, including any plan a trust forming part of which is a qualified trust under section 401(a) (15) when an event pertaining to a multiemployer plan occurs that is prescribed by the corporation in regulations, if the event materially jeopardizes the security of participant benefits or the financial condition of the plan, or is likely to increase the risk of loss to the corporation; (16) when a multiemployer plan has, or will foreseeably have, only one trustee or no trustees on its board; or . (2) Notification by bargaining parties Section 4043 of such Act ( 29 U.S.C. 1343 (f) Notification by bargaining parties Not later than 60 days prior to the adoption of a new pension plan described in subsection (c)(14), the bargaining parties shall notify the plan sponsor of the negotiation of an agreement to adopt such plan. . (3) Conforming amendment Section 4043(b)(3) of such Act ( 29 U.S.C. 1343(b)(3) (13) (17) (b) Application to plans (1) In general Section 4043(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1343(a) , plan sponsor (in the case of a multiemployer plan), plan administrator (2) Notification that event is about to occur Section 4043(b) of such Act ( 29 U.S.C. 1343(b) (A) in paragraph (1)— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (ii) by striking shall be applicable to a contributing sponsor (A) to any plan sponsor of a multiemployer plan; and (B) to any contributing sponsor ; and (iii) in the last sentence, by striking subparagraph (B) clause (ii) (B) by striking This subsection In the case of a single-employer plan, this subsection (C) by striking any contributing sponsor any plan sponsor of a multiemployer plan or any contributing sponsor (D) by redesignating paragraph (4), as so amended, as paragraph (5); and (E) by inserting after paragraph (3) the following new paragraph: (4) No later than 60 days prior to an event described in paragraph (13), (14)(A), (15), or (16) of subsection (c), the plan sponsor of a multiemployer plan shall notify the corporation that the event is about to occur. . (c) Technical corrections (1) Section 4045(c)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1345(c)(1) 4043(b)(7) 4043(c)(7) (2) Section 4065(2) of such Act ( 29 U.S.C. 1365(2) 4043(b) 4043(c) (d) Effective date The amendments made by this section shall apply to reportable events (as defined in section 4043(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1343(c) C Funding notices to participants in multiemployer plans 321. Improved multiemployer plan disclosure (a) Plan funding notices Section 101(f) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021(f) (1) in paragraph (2)(B)— (A) in clause (iv), by striking setting forth describing how a person may obtain information regarding (B) by striking clauses (v) and (vi); (C) by redesignating clauses (vii) through (xi) as clauses (v) through (ix), respectively; (D) in clause (vi), as so redesignated— (i) by striking (I) in the case of in the case of (ii) by striking , or (iii) by striking subclause (II); and (E) by amending clause (vii), as so redesignated, to read as follows: (vii) (I) in the case of a single-employer plan, a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation, and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply, and (II) in the case of a multiemployer plan, a statement that eligible benefits are guaranteed by the Pension Benefit Guaranty Corporation, and a statement of how to obtain both a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply, ; and (2) in paragraph (4)(C)— (A) by striking (C) may be provided (C)(i) subject to clause (ii), may be provided (B) by striking the period and inserting ; and (C) by adding at the end the following: (ii) in the case of such a notice provided to the Pension Benefit Guaranty Corporation, shall be in an electronic format in such manner prescribed in regulations of such Corporation. . (b) Disclosures by plans regarding status (1) Amendments to Employee Retirement Income Security Act of 1974 Section 305(b)(4) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(b)(4) (A) in the paragraph heading, by striking by plan actuary and report (B) by amending subparagraph (A) to read as follows: (A) In general Not later than the 90th day of each plan year of a multiemployer plan, the plan sponsor shall file, in accordance with regulations prescribed by the ERISA agencies, a report that contains— (i) documentation from the plan actuary certifying to the ERISA agencies and to the plan sponsor— (I) whether or not the plan is in unrestricted or stable status for such plan year, whether or not the plan is in endangered status for such plan year and whether or not the plan is or will be in critical status for such plan year or any of the 5 succeeding plan years, (II) in the case of a plan which is in a funding improvement or rehabilitation period, whether or not the plan is making the scheduled progress in meeting the requirements of its funding improvement or rehabilitation plan and, if not, a summary of the primary reasons the plan is not making the scheduled progress, (III) the funded percentage of the plan determined as of the first day of the current plan year and the value of assets and liabilities used to calculate such funded percentage, (IV) a projection of the funding standard account on a year-by-year basis for the current plan year and the 14 succeeding plan years and a statement of the actuarial assumptions for such projections, and (V) (aa) subject to item (bb), a projection of the cash flow of the plan and actuarial assumptions for the current plan year and 14 succeeding plan years, and (bb) in the case in which it is certified that a multiemployer plan is or will be in endangered or critical status for a plan year, the projection of the cash flow of the plan and actuarial assumptions for the current year and 29 succeeding plan years, (ii) as of the last day of the prior plan year, a good faith determination of— (I) the fair market value of the assets of the plan, (II) the number of participants who are— (aa) retired or separated from service and are receiving benefits, (bb) retired or separated participants entitled to future benefits, and (cc) active participants under the plan, (III) the total value of all benefits paid during the prior plan year, (IV) the total value of all contributions and withdrawal liability payments made to the plan during the prior plan year, and (V) the total value of all investment gains or losses during the prior plan year, (iii) a description of any material changes during the previous plan year to the rates at which participants accrue benefits or the rate at which employers contribute, (iv) a copy of any funding improvement plan or rehabilitation plan, and any update thereto or modification thereof, that was adopted under this section prior to the filing of the report for the current plan year in accordance with this subparagraph and, if applicable, after the filing of the report required by this subparagraph for the prior plan year, (v) in the case of any plan amendment, scheduled benefit increase or reduction, or other known event taking effect in the current plan year and having a material effect on plan liabilities or assets for the year (as defined in regulations by the ERISA agencies), an explanation of the amendment, scheduled increase or reduction, or event, and a projection to the end of such plan year of the effect of the amendment, scheduled increase or reduction, or event on plan liabilities, (vi) in the case of a multiemployer plan certified to be in critical status for which the plan sponsor has determined that, based on reasonable actuarial assumptions and upon exhaustion of all reasonable measures, the plan cannot reasonably be expected to emerge from critical status by the end of the rehabilitation period, a description of all reasonable measures, whether or not such measures were implemented, and a summary of the consideration of such measures, (vii) a statement, containing the information available to the plan sponsor, describing— (I) the withdrawal of any employer during the prior plan year and the percentage of total contributions made by that employer during the prior plan year, (II) any material reduction in total contributions or withdrawal liability payments of any employers and the reason for such reduction, and a comparison to contributions projected previously, (III) any material reduction in the number of active plan participants and the reason for such reduction, and (IV) the annual withdrawal liability payment each withdrawn employer is obligated to pay to the plan for the plan year, whether that amount was collected by the plan (and if not, the amount that was collected), and the remaining years on the employer's obligation to make withdrawal liability payments, and (viii) such other information as may be required by the ERISA agencies by regulation. ; (C) by striking subparagraph (C) and inserting the following: (C) Form and manner The report required by subparagraph (A) shall be filed electronically in accordance with regulations prescribed by the ERISA agencies. ; (D) in subparagraph (D)— (i) by redesignating clauses (ii), (iii), (iv), and (v) as clauses (iii), (iv), (v), and (vi), respectively; (ii) by inserting after clause (i) the following: (ii) Plans in endangered or critical status If it is certified under subparagraph (A) that a multiemployer plan is or will be in endangered or critical status, the plan sponsor shall include in the notice under clause (i)— (I) a statement describing how a person may obtain a copy of the plan's funding improvement or rehabilitation plan, as appropriate, adopted under this section and the actuarial and financial data that demonstrate any action taken by the plan toward fiscal improvement, (II) a summary of any funding improvement or rehabilitation plan, and any update thereto or modification thereof, adopted under this section prior to the furnishing of such notice, (III) a summary of the rules governing insolvency, including the limitations on benefit payments, and (IV) a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply. ; and (iii) in clause (v), as so redesignated— (I) by striking The Secretary of the Treasury, in consultation with the Secretary The ERISA agencies (II) by striking (ii) and (iii) (ii), (iii), and (iv) (E) by adding at the end the following: (E) Designation and coordination The ERISA agencies shall— (i) designate one ERISA agency to receive the report described in subparagraph (A) on behalf of all the ERISA agencies, which shall each have full access to such report; and (ii) consult with each other and develop rules, regulations, practices, and forms, which to the extent appropriate for the efficient administration of the provisions of this paragraph are designed to replace duplication of effort, duplication of reporting, conflicting or overlapping requirements, and the burden of compliance with such provisions by plan administrators and plan sponsors. (F) ERISA agencies In this paragraph, the term ERISA agencies . (2) Amendments to 1986 Code Section 432(b)(4) (A) in the paragraph heading, by striking by plan actuary and report (B) by amending subparagraph (A) to read as follows: (A) In general Not later than the 90th day of each plan year of a multiemployer plan, the plan sponsor shall file, in accordance with regulations prescribed by the ERISA agencies, a report that contains— (i) documentation from the plan actuary certifying to the ERISA agencies and to the plan sponsor— (I) whether or not the plan is in unrestricted or stable status for such plan year, whether or not the plan is in endangered status for such plan year and whether or not the plan is or will be in critical status for such plan year or any of the 5 succeeding plan years, (II) in the case of a plan which is in a funding improvement or rehabilitation period, whether or not the plan is making the scheduled progress in meeting the requirements of its funding improvement or rehabilitation plan and, if not, a summary of the primary reasons the plan is not making the scheduled progress, (III) the funded percentage of the plan determined as of the first day of the current plan year and the value of assets and liabilities used to calculate such funded percentage, (IV) a projection of the funding standard account on a year-by-year basis for the current plan year and the 14 succeeding plan years and a statement of the actuarial assumptions for such projections, and (V) (aa) subject to item (bb), a projection of the cash flow of the plan and actuarial assumptions for the current plan year and 14 succeeding plan years, and (bb) in the case in which it is certified that a multiemployer plan is or will be in endangered or critical status for a plan year, the projection of the cash flow of the plan and actuarial assumptions for the current year and 29 succeeding plan years, (ii) as of the last day of the prior plan year, a good faith determination of— (I) the fair market value of the assets of the plan, (II) the number of participants who are— (aa) retired or separated from service and are receiving benefits, (bb) retired or separated participants entitled to future benefits, and (cc) active participants under the plan, (III) the total value of all benefits paid during the prior plan year, (IV) the total value of all contributions and withdrawal liability payments made to the plan during the prior plan year, and (V) the total value of all investment gains or losses during the prior plan year, (iii) a description of any material changes during the previous plan year to the rates at which participants accrue benefits or the rate at which employers contribute, (iv) a copy of any funding improvement plan or rehabilitation plan, and any update thereto or modification thereof, that was adopted under this section prior to the filing of the report for the current plan year in accordance with this subparagraph and, if applicable, after the filing of the report required by this subparagraph for the prior plan year, (v) in the case of any plan amendment, scheduled benefit increase or reduction, or other known event taking effect in the current plan year and having a material effect on plan liabilities or assets for the year (as defined in regulations by the ERISA agencies), an explanation of the amendment, scheduled increase or reduction, or event, and a projection to the end of such plan year of the effect of the amendment, scheduled increase or reduction, or event on plan liabilities, (vi) in the case of a multiemployer plan certified to be in critical status for which the plan sponsor has determined that, based on reasonable actuarial assumptions and upon exhaustion of all reasonable measures, the plan cannot reasonably be expected to emerge from critical status by the end of the rehabilitation period, a description of all reasonable measures, whether or not such measures were implemented, and a summary of the consideration of such measures, (vii) a statement, containing the information available to the plan sponsor, describing— (I) the withdrawal of any employer during the prior plan year and the percentage of total contributions made by that employer during the prior plan year, and a comparison to contributions projected previously, (II) any material reduction in total contributions or withdrawal liability payments of any employers and the reason for such reduction, (III) any material reduction in the number of active plan participants and the reason for such reduction, and (IV) the annual withdrawal liability payment each withdrawn employer is obligated to pay to the plan for the plan year, whether that amount was collected by the plan (and if not, the amount that was collected), and the remaining years on the employer's obligation to make withdrawal liability payments, and (viii) such other information as may be required by the ERISA agencies by regulation. ; (C) by striking subparagraph (C) and inserting the following: (C) Form and manner The report required by subparagraph (A) shall be filed electronically in accordance with regulations prescribed by the ERISA agencies. ; (D) in subparagraph (D)— (i) by redesignating clauses (ii), (iii), (iv), and (v) as clauses (iii), (iv), (v), and (vi), respectively; (ii) by inserting after clause (i) the following: (ii) Plans in endangered or critical status If it is certified under subparagraph (A) that a multiemployer plan is or will be in endangered or critical status, the plan sponsor shall include in the notice under clause (i)— (I) a statement describing how a person may obtain a copy of the plan's funding improvement or rehabilitation plan, as appropriate, adopted under this section and the actuarial and financial data that demonstrate any action taken by the plan toward fiscal improvement, (II) a summary of any funding improvement or rehabilitation plan, and any update thereto or modification thereof, adopted under this section prior to the furnishing of such notice, (III) a summary of the rules governing insolvency, including the limitations on benefit payments, and (IV) a general description of the benefits under the plan which are eligible to be guaranteed by the Pension Benefit Guaranty Corporation and an explanation of the limitations on the guarantee and the circumstances under which such limitations apply. ; and (iii) in clause (v), as so redesignated— (I) by striking The Secretary of the Treasury, in consultation with the Secretary The ERISA agencies (II) by striking (ii) and (iii) (ii), (iii), and (iv) (E) by adding at the end the following: (E) Designation and coordination The ERISA agencies shall— (i) designate one ERISA agency to receive the report described in subparagraph (A) on behalf of all the ERISA agencies, which shall each have full access to such report; and (ii) consult with each other and develop rules, regulations, practices, and forms, which to the extent appropriate for the efficient administration of the provisions of this paragraph are designed to replace duplication of effort, duplication of reporting, conflicting or overlapping requirements, and the burden of compliance with such provisions by plan administrators and plan sponsors. (F) ERISA agencies In this paragraph, the term ERISA agencies . (3) Investigations Section 4003 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1303 (g) The corporation may investigate or review any facts, conditions, practices, or other matters it determines necessary or proper related to the actuarial certification and report by multiemployer plans under section 305(b)(4)(A), or to obtain such information as any duly authorized committee or subcommittee of the Congress may request with respect to such plans. Any information or documentary material submitted to the corporation pursuant to this section, if clearly designated by the person making the submission as confidential (on each page in the case of a document, and in the file name in the case of a digital file), shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding, including an informal rulemaking. . 322. Penalties for failure to provide notices (a) In general Section 502(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 (1) in paragraph (7)— (A) by striking (7) The Secretary (7)(A) The Secretary (B) by adding at the end the following: (B) The Secretary may assess a civil penalty against a plan sponsor of up to $110 per day from the date of the plan administrator’s or sponsor’s failure or refusal to provide the relevant notices under section 101(f) or section 305(b)(4)(D) to a recipient other than the Secretary or the Pension Benefit Guaranty Corporation. For purposes of this paragraph, each violation with respect to any single recipient shall be treated as a separate violation. ; and (2) by adding at the end the following: (13) (A) The Secretary may assess a civil penalty against any plan sponsor of up to $2,140 per day from the date of the plan sponsor’s failure to file with the Secretary or the Pension Benefit Guaranty Corporation the notice required under section 305(b)(4)(D) or with the Pension Benefit Guaranty Corporation the notice required under section 101(f). (B) The Secretary may assess a civil penalty against any plan sponsor of up to $1,100 per day from the date of the plan sponsor’s failure to file with the ERISA agency designated in accordance with subparagraph (E) of section 305(b)(4) the report under subparagraph (A) of such section. . (b) Conforming amendment Section 502(a)(6) of such Act is amended by striking or (9) (9), (10), or (13) D Consistency of criminal penalties 331. Consistency of criminal penalties Part I of title 18, United States Code, is amended— (1) in section 664, in the first undesignated paragraph, by striking five years 10 years (2) in section 1027, by striking five years 10 years (3) in section 1954, in the undesignated matter following paragraph (4), by striking three years 10 years IV Other multiemployer plan reforms 401. Clarification of fiduciary duty of retiree representative who is a trustee (a) Amendment of Internal Revenue Code of 1986 Subclause (III) of section 432(f)(9)(B)(v) , or to any other duties performed by such person pursuant to such person's role as a plan trustee. (b) Amendment of Employee Retirement Income Security Act of 1974 Subclause (III) of section 305(f)(9)(B)(v) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(f)(9)(B)(v) , or to any other duties performed by such person pursuant to such person's role as a plan trustee. (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 402. Safe harbors (a) Amendments to Internal Revenue Code of 1986 (1) Equitable distribution of benefit suspensions Clause (vi) of section 432(f)(9)(D) For purposes of the preceding sentence, a suspension of benefits in the form of a flat percentage reduction in benefits which is applied in the same manner to all participants and beneficiaries (before application of clauses (ii) and (iii)) shall be treated as being equitably distributed across the participant and beneficiary population. . (2) Application assumptions Clause (v) of section 432(f)(9)(G) of such Code, as so redesignated and in effect, is amended— (A) by striking Standard for accepting Standards for assumptions and accepting (B) by striking In evaluating The Secretary, in consultation with the Pension Benefit Guaranty Corporation and the Secretary of Labor, shall promulgate regulations regarding the actuarial assumptions that plans may use for purposes of the application under this subparagraph. Such regulations shall create safe harbors regarding assumptions for future rate of investment returns, future industry activity and contribution base units, mortality, and other assumptions as determined by the Secretary, and shall describe the situations in which actuarial assumptions may change during review of an application without the withdrawal and resubmission of the application. In evaluating (b) Amendments to Employee Retirement Income Security Act of 1974 (1) Equitable distribution of benefit suspensions Clause (vi) of section 305(f)(9)(D) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(f)(9)(D) For purposes of the preceding sentence, a suspension of benefits in the form of a flat percentage reduction in benefits which is applied in the same manner to all participants and beneficiaries (before application of clauses (ii) and (iii)) shall be treated as being equitably distributed across the participant and beneficiary population. . (2) Application assumptions Clause (v) of section 305(f)(9)(G) of such Act ( 29 U.S.C. 1085(f)(9)(G) (A) by striking Standard for accepting Standards for assumptions and accepting (B) by striking In evaluating The Secretary of the Treasury, in consultation with the Pension Benefit Guaranty Corporation and the Secretary of Labor, shall promulgate regulations regarding the actuarial assumptions that plans may use for purposes of the application under this subparagraph. Such regulations shall create safe harbors regarding assumptions for future rate of investment returns, future industry activity and contribution base units, mortality, and other assumptions as determined by the Secretary, and shall describe the situations in which actuarial assumptions may change during review of an application without the withdrawal and resubmission of the application. In evaluating (c) Effective dates (1) In general The amendments made by subsections (a)(1) and (b)(1) shall apply to suspensions of benefits taking effect after the date of the enactment of this Act. (2) Applications The amendments made by subsections (a)(2) and (b)(2) shall apply to applications submitted after the date of the enactment of this Act. 403. Clarification of notice and comment process (a) Amendments to Internal Revenue Code of 1986 (1) Notice to participants Subparagraph (F) of section 432(f)(9) (vi) De minimis changes Notice under clause (i) is not required in the case of a change to a notice previously issued, and an application previously submitted under subparagraph (G), if such change would have a de minimis effect on the suspension of benefits proposed, such as a change of 5 percent or less (whether increase or decrease) of a participant's post-suspension benefits. . (2) Solicitation of comments (A) De minimis changes Clause (ii) of section 432(f)(9)(G) of such Code, as so redesignated and in effect, is amended by adding at the end the following: The preceding sentences shall not apply in the case of a resubmission of an application previously submitted if such change would have a de minimis effect on the suspension of benefits proposed. (B) Extension of period for correction of defect Clause (iii) of section 432(f)(9)(G) of such Code, as so redesignated and in effect, is amended by inserting after the second sentence the following: If the only failure with respect to an application is a failure to provide adequate notice to participants under subparagraph (F), the Secretary may extend the 225-day deadline for consideration of the application by notice to the plan sponsor. (b) Amendments to Employee Retirement Income Security Act of 1974 (1) Notice to participants Subparagraph (F) of section 305(f)(9) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(f)(9) (vi) De minimis changes Notice under clause (i) is not required in the case of a change to a notice previously issued, and an application previously submitted under subparagraph (G), if such change would have a de minimis effect on the suspension of benefits proposed, such as a change of 5 percent or less (whether increase or decrease) of a participant's post-suspension benefits. . (2) Solicitation of comments (A) De minimis changes Clause (ii) of section 305(f)(9)(G) of such Act ( 29 U.S.C. 1085(f)(9)(G) The preceding sentences shall not apply in the case of a resubmission of an application previously submitted if such change would have a de minimis effect on the suspension of benefits proposed. (B) Extension of period for correction of defect Clause (iii) of section 305(f)(9)(G) of such Act ( 29 U.S.C. 1085(f)(9)(G) If the only failure with respect to an application is a failure to provide adequate notice to participants under subparagraph (F), the Secretary may extend the 225-day deadline for consideration of the application by notice to the plan sponsor. (c) Effective date The amendments made by this section shall apply to applications, or changes to applications, submitted after the date of the enactment of this Act. 404. Protection of participants receiving disability benefits (a) Amendment to Internal Revenue Code of 1986 Clause (iii) of section 432(f)(9)(D) (iii) No benefits based on disability (as defined under the plan) may be suspended under this paragraph if the participant or beneficiary is disabled (as so defined) or receiving disability benefits under the plan as of the date of the suspension of benefits. No benefits under the plan may be suspended under this paragraph of any participant or beneficiary who is entitled to a benefit under title II of the Social Security Act on the basis of a disability (as defined in section 223(d)(2) of such Act) as of such date. . (b) Amendment to Employee Retirement Income Security Act of 1974 Clause (iii) of section 305(f)(9)(D) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085(f)(9)(D) (iii) No benefits based on disability (as defined under the plan) may be suspended under this paragraph if the participant or beneficiary is disabled (as so defined) or receiving disability benefits under the plan as of the date of the suspension of benefits. No benefits under the plan may be suspended under this paragraph of any participant or beneficiary who is entitled to a benefit under title II of the Social Security Act on the basis of a disability (as defined in section 223(d)(2) of such Act) as of such date. . (c) Effective date The amendments made by this section shall apply to suspensions of benefits taking effect after the date of the enactment of this Act. 405. Model notice Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Labor and the Pension Benefit Guaranty Corporation, shall develop a 1-page, plain-language, cover-page format for the model notice under section 432(e)(9)(F)(v) 29 U.S.C. 1085(e)(9)(F)(v) V Alternative plan structures 501. Composite plans (a) Amendment to the Employee Retirement Income Security Act of 1974 (1) In general Title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 8 Composite Plans and Legacy Plans 801. Composite plan defined (a) In general For purposes of this Act, the term composite plan (1) which is a multiemployer plan that is neither a defined benefit plan nor a defined contribution plan; (2) the terms of which provide that the plan is a composite plan for purposes of this title with respect to which not more than one multiemployer defined benefit plan is treated as a legacy plan within the meaning of section 805, unless there is more than one legacy plan following a merger of composite plans under section 806; (3) which provides systematically for the payment of benefits— (A) objectively calculated pursuant to a nondiscretionary formula specified in the plan document with respect to plan participants for life; and (B) in the form of life annuities, except for benefits which under section 203(e) may be immediately distributed without the consent of the participant; (4) for which the anticipated employer contributions to the plan for the first plan year are at least 120 percent of the normal cost for the plan year; (5) which requires— (A) an annual valuation of the liability of the plan as of a date within the plan year to which the valuation refers or within one month prior to the beginning of such year; (B) an annual actuarial determination of the plan’s current funded ratio and projected funded ratio under section 802(a); (C) corrective action through a realignment program pursuant to section 803 whenever the plan’s projected funded ratio is below 120 percent for the plan year; and (D) an annual notification to each participant describing benefits under the plan and explaining that such benefits may be subject to reduction under a realignment program pursuant to section 803 based on the plan’s funded status in future plan years; and (6) the board of trustees of which includes at least one retiree or beneficiary in pay status during each plan year following the first plan year in which at least 5 percent of the participants in the plan are retirees or beneficiaries in pay status. (b) Transition from a multiemployer defined benefit plan (1) In general The plan sponsor of a defined benefit plan that is a multiemployer plan may, subject to paragraph (2), amend the plan to incorporate the features of a composite plan as a component of the multiemployer plan separate from the defined benefit plan component, except in the case of a defined benefit plan for which the plan actuary has certified under section 305(b)(4) that the plan is or will be in endangered or critical status for the plan year in which such amendment would become effective or in endangered or critical status for any of the succeeding 5 plan years. (2) Requirements Any amendment pursuant to paragraph (1) to incorporate the features of a composite plan as a component of a multiemployer plan shall— (A) apply with respect to all collective bargaining agreements providing for contributions to the multiemployer plan on or after the effective date of the amendment; (B) apply with respect to all participants in the multiemployer plan for whom contributions are made to the multiemployer plan on or after the effective date of the amendment; (C) specify that the effective date of the amendment is— (i) the first day of a specified plan year following the date of the adoption of the amendment, except that the plan sponsor may alternatively provide for a separate effective date with respect to each collective bargaining agreement under which contributions to the multiemployer plan are required, which shall occur on the first day of the first plan year beginning after the termination, or if earlier, the re-opening, of each such agreement, or such earlier date as the parties to the agreement and the plan sponsor of the multiemployer plan shall agree to; and (ii) not later than the first day of the fifth plan year beginning on or after the date of the adoption of the amendment; (D) specify that, as of the amendment’s effective date, no further benefits shall accrue under the defined benefit component of the multiemployer plan; and (E) specify that, as of the amendment’s effective date, the plan sponsor of the multiemployer plan shall be the plan sponsor of both the composite plan component and the defined benefit plan component of the plan. (3) Special rules If a multiemployer plan is amended pursuant to paragraph (1)— (A) the requirements of this title and title IV shall be applied to the composite plan component and the defined benefit plan component of the multiemployer plan as if each such component were maintained as a separate plan; and (B) the assets of the composite plan component and the defined benefit plan component of the plan shall be held in a single trust forming part of the plan under which the trust instrument expressly provides— (i) for separate accounts (and appropriate records) to be maintained to reflect the interest which each of the plan components has in the trust, including separate accounting for additions to the trust for the benefit of each plan component, disbursements made from each plan component’s account in the trust, investment experience of the trust allocable to that account, and administrative expenses (whether direct expenses or shared expenses allocated proportionally), and permits, but does not require, the pooling of some or all of the assets of the two plan components for investment purposes, subject to the judgment of the plan fiduciaries; and (ii) that the assets of each of the two plan components shall be held, invested, reinvested, managed, administered and distributed for the exclusive benefit of the participants and beneficiaries of each such plan component, and in no event shall the assets of one of the plan components be available to pay benefits due under the other plan component. (4) Not a termination event Notwithstanding section 4041A, an amendment pursuant to paragraph (1) to incorporate the features of a composite plan as a component of a multiemployer plan does not constitute termination of the multiemployer plan. (5) Notice to the Secretary (A) Notice The plan sponsor of a composite plan shall provide notice to the Secretary of the intent to establish the composite plan (or, in the case of a composite plan incorporated as a component of a multiemployer plan as described in paragraph (1), the intent to amend the multiemployer plan to incorporate such composite plan) at least 30 days prior to the effective date of such establishment or amendment. (B) Certification In the case of a composite plan incorporated as a component of a multiemployer plan as described in paragraph (1), such notice shall include a certification by the plan actuary under section 305(b)(4) that the effective date of the amendment occurs in a plan year for which the multiemployer plan is not in endangered or critical status for that plan year and any of the succeeding 5 plan years. (6) References to composite plan component As used in this part, the term composite plan (7) Rule of construction Paragraph (2)(A) shall not be construed as preventing the plan sponsor of a multiemployer plan from adopting an amendment pursuant to paragraph (1) because some collective bargaining agreements are amended to cease any covered employer's obligation to contribute to the multiemployer plan before or after the plan amendment is effective. Paragraph (2)(B) shall not be construed as preventing the plan sponsor of a multiemployer plan from adopting an amendment pursuant to paragraph (1) because some participants cease to have contributions made to the multiemployer plan on their behalf before or after the plan amendment is effective. (c) Coordination with funding rules Except as otherwise provided in this part, sections 302, 304, and 305 shall not apply to a composite plan. (d) Treatment of a composite plan For purposes of this Act (other than sections 302 and 4245), a composite plan shall be treated as if it were a defined benefit plan unless a different treatment is provided for under applicable law. 802. Funded ratios; actuarial assumptions (a) Certification of funded ratios (1) In general Not later than the one-hundred twentieth day of each plan year of a composite plan, the plan actuary of the composite plan shall certify to the Secretary, the Secretary of the Treasury, and the plan sponsor the plan’s current funded ratio and projected funded ratio for the plan year. (2) Determination of current funded ratio and projected funded ratio For purposes of this section: (A) Current funded ratio The current funded ratio is the ratio (expressed as a percentage) of— (i) the value of the plan’s assets as of the first day of the plan year; to (ii) the plan actuary’s calculation of the present value of the plan liabilities as of the first day of the plan year. (B) Projected funded ratio The projected funded ratio is the funded ratio determined under subparagraph (A), projected as of the first day of the fifteenth plan year following the plan year for which the determination is being made. (3) Consideration of contribution rate increases For purposes of projections under this subsection, the plan actuary may anticipate contribution rate increases beyond the term of the current collective bargaining agreement and any agreed-to supplements, if reasonable, not to exceed 2.5 percent per year, compounded annually. (b) Actuarial assumptions and methods For purposes of this part: (1) In general All costs, liabilities, rates of interest, and other factors under the plan shall be determined for a plan year on the basis of actuarial assumptions and methods— (A) each of which is reasonable (taking into account the experience of the plan and reasonable expectations); (B) which, in combination, offer the actuary’s best estimate of anticipated experience under the plan; and (C) with respect to which any change from the actuarial assumptions and methods used in the previous plan year shall be certified by the plan actuary and the actuarial rationale for such change provided in the annual report required by section 103. (2) Fair market value of assets The value of the plan’s assets shall be taken into account on the basis of their fair market value. (3) Determination of normal cost and plan liabilities A plan’s normal cost and liabilities shall be based— (A) on the most recent actuarial valuation required under section 801(a)(5)(A) and the unit credit funding method; and (B) on rates of interest subject to section 304(b)(6). (4) Time when certain contributions deemed made Any contributions for a plan year made by an employer after the last day of such plan year, but not later than 2½ months after such day, shall be deemed to have been made on such last day. For purposes of this paragraph, such 2½-month period may be extended to a total of not more than 120 days under regulations prescribed by the Secretary of the Treasury. (5) Additional actuarial assumptions Except where otherwise provided in this part, the provisions of section 305(b)(4)(B) shall apply to any determination or projection under this part. 803. Realignment program (a) Realignment program (1) Adoption In any case in which the plan actuary certifies under section 802(a) that the plan’s projected funded ratio is below 120 percent for the plan year, the plan sponsor shall adopt a realignment program under paragraph (2) not later than 210 days after the due date of the certification required under such section 802(a). The plan sponsor shall adopt an updated realignment program for each succeeding plan year for which a certification described in the preceding sentence is made. (2) Content of realignment program (A) In general A realignment program adopted under this paragraph is a written program which consists of reasonable measures, including options or a range of options to be undertaken by the plan sponsor or proposed to the bargaining parties, formulated, based on reasonably anticipated experience and reasonable actuarial assumptions, to enable the plan to achieve a projected funded ratio of at least 120 percent for the following plan year. (B) Initial program elements Reasonable measures under a realignment program described in subparagraph (A) may include any of the following: (i) Proposed contribution increases. (ii) A reduction in the rate of future benefit accruals, so long as the resulting rate is not less than 1 percent of the contributions on which benefits are based as of the start of the plan year (or the equivalent standard accrual rate as described in section 305(f)(6)). (iii) A modification or elimination of adjustable benefits of participants that are not in pay status before the date of the notice required under subsection (b)(1). (iv) Any other lawfully available measures not specifically described in this subparagraph or subparagraph (C) or (D) that the plan sponsor determines are reasonable. (C) Additional program elements If the plan sponsor has determined that all reasonable measures available under subparagraph (B) will not enable the plan to achieve a projected funded ratio of at least 120 percent for the following plan year, the realignment program may also include— (i) a reduction of accrued benefits that are not in pay status by the date of the notice required under subsection (b)(1); or (ii) a reduction of any benefits of participants that are in pay status before the date of the notice required under subsection (b)(1) other than core benefits as defined in paragraph (4). (D) Additional elements In the case of a composite plan for which the plan sponsor has determined that all reasonable measures available under subparagraphs (B) and (C) will not enable the plan to achieve a projected funded ratio of at least 120 percent for the following plan year, the realignment program may also include— (i) a further reduction in the rate of future benefit accruals without regard to the limitation applicable under subparagraph (B)(ii); or (ii) a reduction of core benefits, provided that such reductions shall be equitably distributed across the participant and beneficiary population, taking into account factors, with respect to participants and beneficiaries and their benefits, that may include one or more of the factors listed in subclauses (I) through (X) of section 305(f)(9)(D)(vi), to the extent necessary to enable the plan to achieve a projected funded ratio of at least 120 percent for the following plan year. (3) Adjustable benefit defined For purposes of this part, the term adjustable benefit (A) benefits, rights, and features under the plan, including post-retirement death benefits, disability benefits not yet in pay status, and similar benefits, (B) any early retirement benefit or retirement-type subsidy (within the meaning of section 204(g)(2)(A)) (including early reduction factors which are not provided on an actuarially equivalent basis) and any benefit payment option (other than the qualified joint and survivor annuity), (C) benefit increases which were adopted (or, if later, took effect) less than 120 months before the first day of the first plan year in which such realignment program took effect, (D) any one-time bonus payment or thirteenth check (E) benefits granted for period of service prior to participation in the plan. (4) Core benefit defined For purposes of this part, the term core benefit (A) any early retirement benefits, retirement-type subsidies, or other benefits, rights, or features that may be associated with that benefit; and (B) any cost-of-living adjustments or benefit increases effective after the date of retirement. (5) Coordination with contribution increases (A) In general A realignment program may provide that some or all of the benefit modifications described in the program will only take effect if the bargaining parties fail to agree to specified levels of increases in contributions to the plan, effective as of specified dates. (B) Independent benefit modifications If a realignment program adopts any changes to the benefit formula that are independent of potential contribution increases, such changes shall take effect not later than 180 days after the first day of the first plan year that begins following the adoption of the realignment program. (C) Conditional benefit modifications If a realignment program adopts any changes to the benefit formula that take effect only if the bargaining parties fail to agree to contribution increases, such changes shall take effect not later than the first day of the first plan year beginning after the third anniversary of the date of adoption of the realignment program. (D) Revocation of certain benefit modifications Benefit modifications described in subparagraph (C) may be revoked, in whole or in part, and retroactively or prospectively, when contributions to the plan are increased, as specified in the realignment program, including any amendments thereto. The preceding sentence shall not apply unless the contribution increases are to be effective not later than the fifth anniversary of the first day of the first plan year that begins after the adoption of the realignment program. (b) Notice (1) In general In any case in which it is certified under section 802(a) that the projected funded ratio is less than 120 percent, the plan sponsor shall, not later than 30 days after the date of the certification, provide notification of the current and projected funded ratios to the participants and beneficiaries, the bargaining parties, the Secretary of the Treasury, and the Secretary. Such notice shall include— (A) an explanation that contribution rate increases or benefit reductions may be necessary; (B) a description of the types of benefits that might be reduced; and (C) an estimate of the contribution increases and benefit reductions that may be necessary to achieve a projected funded ratio of 120 percent. (2) Notice of benefit modifications (A) In General No modifications may be made that reduce the rate of future benefit accrual or that reduce core benefits or adjustable benefits unless notice of such reduction has been given at least 180 days before the general effective date of such reduction for all participants and beneficiaries to— (i) plan participants and beneficiaries; (ii) each employer who has an obligation to contribute to the composite plan; and (iii) each employee organization which, for purposes of collective bargaining, represents plan participants employed by such employers. (B) Content of Notice The notice under subparagraph (A) shall contain— (i) sufficient information to enable participants and beneficiaries to understand the effect of any reduction on their benefits, including an illustration of any affected benefit or subsidy, on an annual or monthly basis that a participant or beneficiary would otherwise have been eligible for as of the general effective date described in subparagraph (A); and (ii) information as to the rights and remedies of plan participants and beneficiaries as well as how to contact the Department of the Treasury for further information and assistance, where appropriate. (C) Form and Manner Any notice under subparagraph (A)— (i) shall be provided in a form and manner prescribed in regulations of the Secretary of the Treasury; and (ii) shall be written in a manner so as to be understood by the average plan participant. (3) Model notices The Secretary of the Treasury shall— (A) prescribe model notices that the plan sponsor of a composite plan may use to satisfy the notice requirements under this subsection; and (B) by regulation enumerate any details related to the elements listed in paragraph (1) that any notice under this subsection must include. (4) Delivery method Any notice under this part shall be provided in writing and may be provided in electronic form to the extent that the form is reasonably accessible to persons to whom the notice is provided. 804. Limitation on increasing benefits (a) Level of current funded ratios Except as provided in subsections (c), (d), and (e), no plan amendment increasing benefits or establishing new benefits under a composite plan may be adopted for a plan year unless— (1) the plan’s current funded ratio is at least 110 percent (without regard to the benefit increase or new benefits); (2) taking the benefit increase or new benefits into account, the current funded ratio is at least 100 percent and the projected funded ratio for the current plan year is at least 120 percent; (3) in any case in which, after taking the benefit increase or new benefits into account, the current funded ratio is less than 140 percent and the projected funded ratio is less than 140 percent, the benefit increase or new benefits are projected by the plan actuary to increase the present value of the plan’s liabilities for the plan year by not more than 3 percent; and (4) expected contributions for the current plan year are at least 120 percent of normal cost for the plan year, determined using the unit credit funding method and treating the benefit increase or new benefits as in effect for the entire plan year. (b) Additional requirements where core benefits reduced If a plan has been amended to reduce core benefits pursuant to a realignment program under section 803(a)(2)(D), such plan may not be subsequently amended to increase core benefits unless the amendment— (1) increases the level of future benefit payments only; and (2) provides for an equitable distribution of benefit increases across the participant and beneficiary population, taking into account the extent to which the benefits of participants were previously reduced pursuant to such realignment program. (c) Exception To comply with applicable law Subsection (a) shall not apply in connection with a plan amendment if the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 (d) Exception where maximum deductible limit applies Subsection (a) shall not apply in connection with a plan amendment if and to the extent that contributions to the composite plan would not be deductible for the plan year under section 404(a)(1)(E) (e) Exception for certain benefit modifications Subsection (a) shall not apply in connection with a plan amendment under section 803(a)(5)(C), regarding conditional benefit modifications. (f) Treatment of plan amendments For purposes of this section— (1) if two or more plan amendments increasing benefits or establishing new benefits are adopted in a plan year, such amendments shall be treated as a single amendment adopted on the last day of the plan year; (2) all benefit increases and new benefits adopted in a single amendment are treated as a single benefit increase, irrespective of whether the increases and new benefits take effect in more than one plan year; and (3) increases in contributions or decreases in plan liabilities which are scheduled to take effect in future plan years may be taken into account in connection with a plan amendment if they have been agreed to in writing or otherwise formalized by the date the plan amendment is adopted. 805. Composite plan restrictions to preserve legacy plan funding (a) Treatment as a legacy plan (1) In general For purposes of this part and parts 2 and 3, a defined benefit plan shall be treated as a legacy plan with respect to the composite plan under which employees who were eligible to accrue a benefit under the defined benefit plan become eligible to accrue a benefit under such composite plan. (2) Component plans In any case in which a defined benefit plan is amended to add a composite plan component pursuant to section 801(b), paragraph (1) shall be applied by substituting defined benefit component defined benefit plan composite plan component composite plan (3) Eligible to accrue a benefit For purposes of paragraph (1), an employee is considered eligible to accrue a benefit under a composite plan as of the first day in which the employee completes an hour of service under a collective bargaining agreement that provides for contributions to and accruals under the composite plan in lieu of accruals under the defined benefit plan. (4) Collective bargaining agreement As used in this part, the term collective bargaining agreement (5) Other terms Any term used in this part which is not defined in this part and which is also used in section 305 shall have the same meaning provided such term in such section. (b) Restrictions on acceptance by composite plan of agreements and contributions (1) In general The plan sponsor of a composite plan shall not accept or recognize a collective bargaining agreement (or any modification to such agreement), and no contributions may be accepted and no benefits may be accrued or otherwise earned under the agreement— (A) in any case in which the plan actuary of any defined benefit plan that would be treated as a legacy plan with respect to such composite plan has certified under section 305(b)(4) that such defined benefit plan is or will be in endangered or critical status for the plan year in which such agreement would take effect or for any of the succeeding 5 plan years; and (B) unless the agreement requires each employer who is a party to such agreement, including employers whose employees are not participants in the legacy plan, to provide contributions to the legacy plan with respect to such composite plan in a manner that satisfies the transition contribution requirements of subsection (d). (2) Notice Not later than 30 days after a determination by a plan sponsor of a composite plan that an agreement fails to satisfy the requirements described in paragraph (1), the plan sponsor shall provide notification of such failure and the reasons for such determination— (A) to the parties to the agreement; (B) to active participants of the composite plan who have ceased to accrue or otherwise earn benefits with respect to service with an employer pursuant to paragraph (1); and (C) to the Secretary, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation. (3) Limitation on retroactive effect This subsection shall not apply to benefits accrued before the date on which notice is provided under paragraph (2). (c) Restriction on accrual of benefits under a composite plan (1) In general In any case in which an employer, under a collective bargaining agreement entered into after the date of enactment of this part, ceases to have an obligation to contribute to a multiemployer defined benefit plan, no employees employed by the employer may accrue or otherwise earn benefits under any composite plan, with respect to service with that employer, for a 60-month period beginning on the date on which the employer entered into such collective bargaining agreement. (2) Notice of cessation of obligation Within 30 days of determining that an employer has ceased to have an obligation to contribute to a legacy plan with respect to employees employed by an employer that is or will be contributing to a composite plan with respect to service of such employees, the plan sponsor of the legacy plan shall notify the plan sponsor of the composite plan of that cessation. (3) Notice of cessation of accruals Not later than 30 days after determining that an employer has ceased to have an obligation to contribute to a legacy plan, the plan sponsor of the composite plan shall notify the bargaining parties, the active participants affected by the cessation of accruals, the Secretary, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation of the cessation of accruals, the period during which such cessation is in effect, and the reasons therefor. (4) Limitation on retroactive effect This subsection shall not apply to benefits accrued before the date on which notice is provided under paragraph (3). (d) Transition contribution requirements (1) In general A collective bargaining agreement satisfies the transition contribution requirements of this subsection if the agreement— (A) authorizes payment of contributions to a legacy plan at a rate, or multiple rates, as described in paragraph (2)(B), equal to or greater than the transition contribution rate established by the legacy plan under paragraph (2); and (B) does not provide for— (i) a suspension of contributions to the legacy plan with respect to any period of service; or (ii) any new direct or indirect exclusion of younger or newly hired employees of the employer from being taken into account in determining contributions owed to the legacy plan. (2) Transition contribution rate (A) In general The transition contribution rate for a plan year is the contribution rate that, as certified by the actuary of the legacy plan in accordance with the principles in section 305(b)(4)(B), is reasonably expected to be adequate— (i) to fund the normal cost for the plan year; (ii) to amortize the plan’s unfunded liabilities in level annual installments over 25 years, beginning with the plan year in which the transition contribution rate is first established; and (iii) to amortize any subsequent changes in the legacy plan’s unfunded liability due to experience gains or losses (including investment gains or losses, gains or losses due to contributions greater or less than the contributions made under the prior transition contribution rate, and other actuarial gains or losses), changes in actuarial assumptions, changes to the legacy plan’s benefits, or changes in funding method over a period of 15 plan years beginning with the plan year following the plan year in which such change in unfunded liability is incurred, unless otherwise prescribed. The transition contribution rate for any plan year may not be less than the transition contribution rate for the plan year in which such rate is first established. (B) Multiple rates If different rates of contribution are payable to the legacy plan by different employers or for different classes of employees, the certification by the actuary of the legacy plan shall specify a transition contribution rate for each such employer or class of employees. (C) Rate applicable to employer (i) In general Except as provided by clause (ii), the transition contribution rate applicable to an employer for a plan year is the rate in effect for the plan year of the legacy plan that commences on or after 180 days before the earlier of— (I) the effective date of the collective bargaining agreement pursuant to which the employer contributes to the legacy plan; or (II) 5 years after the last plan year for which the transition contribution rate applicable to the employer was established or updated. (ii) Exception The transition contribution rate applicable to an employer for the first plan year beginning on or after the commencement of the employer’s obligation to contribute to the composite plan is the rate in effect for the plan year of the legacy plan that commences on or after 180 days before such first plan year. (D) Effect of legacy plan financial circumstances If the plan actuary of the legacy plan has certified under section 305 that the plan is in endangered or critical status for a plan year, the transition contribution rate for the following plan year is the rate determined with respect to the employer under the legacy plan’s funding improvement or rehabilitation plan under section 305, if greater than the rate otherwise determined, but in no event shall the transition contribution rate be greater than 75 percent of the sum of the contribution rates applicable to the legacy plan and the composite plan for the plan year. Notwithstanding the preceding sentence, if the transition contribution rate in the prior year is more than 75 percent of the sum of the contribution rates applicable to the legacy plan and the composite plan for the prior plan year, the transition contribution rate applicable to the legacy plan shall not be subject to the 75-percent limitation, but shall be neither increased nor reduced as a percentage of the sum of the contribution rates applicable to the legacy plan and the composite plan for the plan year. (E) Other actuarial assumptions and methods Except as provided in subparagraph (A), the determination of the transition contribution rate for a plan year shall be based on actuarial assumptions and methods consistent with the minimum funding determinations made under section 304 (or, if applicable, section 305) with respect to the legacy plan for the plan year. (F) Adjustments in rate The plan sponsor of a legacy plan from time to time may adjust the transition contribution rate or rates applicable to an employer under this paragraph by increasing some rates and decreasing others if the actuary certifies that such adjusted rates in combination will produce projected contribution income for the plan year beginning on or after the date of certification that is not less than would be produced by the transition contribution rates in effect at the time of the certification. (G) Notice of transition contribution rate The plan sponsor of a legacy plan shall provide notice to the parties to collective bargaining agreements pursuant to which contributions are made to the legacy plan of changes to the transition contribution rate requirements at least 30 days before the beginning of the plan year for which the rate is effective. (H) Notice to composite plan sponsor Not later than 30 days after a determination by the plan sponsor of a legacy plan that a collective bargaining agreement provides for a rate of contributions that is below the transition contribution rate applicable to one or more employers that are parties to the collective bargaining agreement, the plan sponsor of the legacy plan shall notify the plan sponsor of any composite plan under which employees of such employer would otherwise be eligible to accrue a benefit. (3) Correction procedures Pursuant to standards prescribed by the Secretary, the plan sponsor of a composite plan shall adopt rules and procedures that give the parties to the collective bargaining agreement notice of the failure of such agreement to satisfy the transition contribution requirements of this subsection, and a reasonable opportunity to correct such failure, not to exceed 180 days from the date of notice given under subsection (b)(2). (4) Supplemental contributions A collective bargaining agreement may provide for supplemental contributions to the legacy plan for a plan year in excess of the transition contribution rate determined under paragraph (2), regardless of whether the legacy plan is in endangered or critical status for such plan year. (e) Nonapplication of composite plan restrictions (1) In general The provisions of subsections (a), (b), and (c) shall not apply with respect to a collective bargaining agreement, to the extent the agreement, or a predecessor agreement, provides or provided for contributions to a defined benefit plan that is a legacy plan, as of the first day of the first plan year following a plan year for which the plan actuary certifies that the plan is fully funded, has been fully funded for at least three out of the immediately preceding 5 plan years, and is projected to remain fully funded for at least the following 4 plan years. (2) Determination of fully funded A plan is fully funded for purposes of paragraph (1) if, as of the valuation date of the plan for a plan year, the value of the plan’s assets equals or exceeds the present value of the plan’s liabilities, determined in accordance with the rules prescribed by the Pension Benefit Guaranty Corporation under sections 4219(c)(1)(D) and 4281 for multiemployer plans terminating by mass withdrawal, as in effect for the date of the determination, except the plan’s reasonable assumption regarding the starting date of benefits may be used. (3) Other applicable rules Except as provided in paragraph (2), actuarial determinations and projections under this section shall be based on the rules in section 802(b). 806. Mergers and asset transfers of composite plans (a) In general Assets and liabilities of a composite plan may only be merged with, or transferred to, another plan if— (1) the other plan is a composite plan; (2) the plan or plans resulting from the merger or transfer is a composite plan; (3) no participant’s accrued benefit or adjustable benefit is lower immediately after the transaction than it was immediately before the transaction; and (4) the value of the assets transferred in the case of a transfer reasonably reflects the value of the amounts contributed with respect to the participants whose benefits are being transferred, adjusted for allocable distributions, investment gains and losses, and administrative expenses. A plan which is not a composite plan may not merge with or transfer assets and liabilities to a composite plan. (b) Legacy plan (1) In general After a merger or transfer involving a composite plan, the legacy plan with respect to an employer that is obligated to contribute to the resulting composite plan is the legacy plan that applied to that employer immediately before the merger or transfer. (2) Multiple Legacy Plans If an employer is obligated to contribute to more than one legacy plan with respect to employees eligible to accrue benefits under more than one composite plan and there is a merger or transfer of such legacy plans, the transition contribution rate applicable to the legacy plan resulting from the merger or transfer with respect to that employer shall be determined in accordance with the provisions of section 805(d)(2)(B). . (2) Penalties (A) Civil enforcement of failure to comply with realignment program Section 502(a) of such Act ( 29 U.S.C. 1132(a) (i) in paragraph (10), by striking or (ii) in paragraph (11), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (12) in the case of a composite plan required to adopt a realignment program under section 803, if the plan sponsor— (A) has not adopted a realignment program under that section by the deadline established in such section; or (B) fails to update or comply with the terms of the realignment program in accordance with the requirements of such section, by the Secretary, by an employer that has an obligation to contribute with respect to the composite plan, or by an employee organization that represents active participants in the composite plan, for an order compelling the plan sponsor to adopt a realignment program, or to update or comply with the terms of the realignment program, in accordance with the requirements of such section and the realignment program. . (B) Civil penalties Section 502(c) of such Act ( 29 U.S.C. 1132(c) (i) by moving paragraphs (8), (10), and (12) each 2 ems to the left; (ii) by redesignating paragraphs (9) through (13) as paragraphs (12) through (16), respectively; and (iii) by inserting after paragraph (8) the following: (9) The Secretary may assess against any plan sponsor of a composite plan a civil penalty of not more than $2,140 per day for each violation by such sponsor— (A) of the requirement under section 801(a)(5)(D) to furnish an annual notification to each participant; (B) of the requirement under section 802(a) on the plan actuary to certify the plan’s current or projected funded ratio by the date specified in such subsection; or (C) of the requirement under section 803 to adopt a realignment program by the deadline established in that section and to comply with its terms. (10) (A) The Secretary may assess against any plan sponsor of a composite plan a civil penalty of not more than $100 per day for each violation by such sponsor of the requirement under section 803(b) to provide notice as described in such section, except that no penalty may be assessed in any case in which the plan sponsor exercised reasonable diligence to meet the requirements of such section and— (i) the plan sponsor did not know that the violation existed; or (ii) the plan sponsor provided such notice during the 30-day period beginning on the first date on which the plan sponsor knew, or in exercising reasonable due diligence should have known, that such violation existed. (B) In any case in which the plan sponsor exercised reasonable diligence to meet the requirements of section 803(b), the Secretary may waive part or all of such penalty to the extent that the payment of such penalty would be excessive or otherwise inequitable relative to the violation involved. (11) The Secretary may assess against any plan sponsor of a composite plan a civil penalty of not more than $100 per day for each violation by such sponsor of the notice requirements under sections 801(b)(5) and 805(b)(2). . (3) Authorities Section 101(a) of Reorganization Plan No. 4 of 1978 ( 29 U.S.C. 1001 Parts 2 and 3 Parts 2, 3, and 8 (4) Conforming amendment The table of contents in section 1 of such Act ( 29 U.S.C. 1001 Part 8—Composite Plans and Legacy Plans Sec. 801. Composite plan defined. Sec. 802. Funded ratios; actuarial assumptions. Sec. 803. Realignment program. Sec. 804. Limitation on increasing benefits. Sec. 805. Composite plan restrictions to preserve legacy plan funding. Sec. 806. Mergers and asset transfers of composite plans. . (b) Amendment to the Internal Revenue Code of 1986 (1) In general Subchapter D of chapter 1 IV Composite Plans and Legacy Plans Sec. 437. Composite plan defined. Sec. 438. Funded ratios; actuarial assumptions. Sec. 439. Realignment program. Sec. 440. Limitation on increasing benefits. Sec. 440A. Composite plan restrictions to preserve legacy plan funding. Sec. 440B. Mergers and asset transfers of composite plans. 437. Composite plan defined (a) In general For purposes of this title, the term composite plan (1) which is a multiemployer plan that is neither a defined benefit plan nor a defined contribution plan, (2) the terms of which provide that the plan is a composite plan for purposes of this title with respect to which not more than one multiemployer defined benefit plan is treated as a legacy plan within the meaning of section 440A, unless there is more than one legacy plan following a merger of composite plans under section 440B, (3) which provides systematically for the payment of benefits— (A) objectively calculated pursuant to a nondiscretionary formula specified in the plan document with respect to plan participants for life, and (B) in the form of life annuities, except for benefits which under section 411(a)(11) may be immediately distributed without the consent of the participant, (4) for which the anticipated employer contributions to the plan for the first plan year are at least 120 percent of the normal cost for the plan year, (5) which requires— (A) an annual valuation of the liability of the plan as of a date within the plan year to which the valuation refers or within one month prior to the beginning of such year, (B) an annual actuarial determination of the plan’s current funded ratio and projected funded ratio under section 438(a), (C) corrective action through a realignment program pursuant to section 439 whenever the plan’s projected funded ratio is below 120 percent for the plan year, and (D) an annual notification to each participant describing benefits under the plan and explaining that such benefits may be subject to reduction under a realignment program pursuant to section 439 based on the plan’s funded status in future plan years, and (6) the board of trustees of which includes at least one retiree or beneficiary in pay status during each plan year following the first plan year in which at least 5 percent of the participants in the plan are retirees or beneficiaries in pay status. (b) Transition from a multiemployer defined benefit plan (1) In general The plan sponsor of a defined benefit plan that is a multiemployer plan may, subject to paragraph (2), amend the plan to incorporate the features of a composite plan as a component of the multiemployer plan separate from the defined benefit plan component, except in the case of a defined benefit plan for which the plan actuary has certified under section 432(b)(4) that the plan is or will be in endangered or critical status for the plan year in which such amendment would become effective or in endangered or critical status for any of the succeeding 5 plan years. (2) Requirements Any amendment pursuant to paragraph (1) to incorporate the features of a composite plan as a component of a multiemployer plan shall— (A) apply with respect to all collective bargaining agreements providing for contributions to the multiemployer plan on or after the effective date of the amendment, (B) apply with respect to all participants in the multiemployer plan for whom contributions are made to the multiemployer plan on or after the effective date of the amendment, (C) specify that the effective date of the amendment is— (i) the first day of a specified plan year following the date of the adoption of the amendment, except that the plan sponsor may alternatively provide for a separate effective date with respect to each collective bargaining agreement under which contributions to the multiemployer plan are required, which shall occur on the first day of the first plan year beginning after the termination, or if earlier, the re-opening, of each such agreement, or such earlier date as the parties to the agreement and the plan sponsor of the multiemployer plan shall agree to, and (ii) not later than the first day of the fifth plan year beginning on or after the date of the adoption of the amendment, (D) specify that, as of the amendment’s effective date, no further benefits shall accrue under the defined benefit component of the multiemployer plan, and (E) specify that, as of the amendment’s effective date, the plan sponsor of the multiemployer plan shall be the plan sponsor of both the composite plan component and the defined benefit plan component of the plan. (3) Special rules If a multiemployer plan is amended pursuant to paragraph (1)— (A) the requirements of this title shall be applied to the composite plan component and the defined benefit plan component of the multiemployer plan as if each such component were maintained as a separate plan, and (B) the assets of the composite plan component and the defined benefit plan component of the plan shall be held in a single trust forming part of the plan under which the trust instrument expressly provides— (i) for separate accounts (and appropriate records) to be maintained to reflect the interest which each of the plan components has in the trust, including separate accounting for additions to the trust for the benefit of each plan component, disbursements made from each plan component’s account in the trust, investment experience of the trust allocable to that account, and administrative expenses (whether direct expenses or shared expenses allocated proportionally), and permits, but does not require, the pooling of some or all of the assets of the two plan components for investment purposes, subject to the judgment of the plan fiduciaries, and (ii) that the assets of each of the two plan components shall be held, invested, reinvested, managed, administered and distributed for the exclusive benefit of the participants and beneficiaries of each such plan component, and in no event shall the assets of one of the plan components be available to pay benefits due under the other plan component. (4) Not a termination event Notwithstanding section 4041A of the Employee Retirement Income Security Act of 1974, an amendment pursuant to paragraph (1) to incorporate the features of a composite plan as a component of a multiemployer plan does not constitute termination of the multiemployer plan. (5) Notice to the Secretary of Labor (A) Notice The plan sponsor of a composite plan shall provide notice to the Secretary of Labor of the intent to establish the composite plan (or, in the case of a composite plan incorporated as a component of a multiemployer plan as described in paragraph (1), the intent to amend the multiemployer plan to incorporate such composite plan) at least 30 days prior to the effective date of such establishment or amendment. (B) Certification In the case of a composite plan incorporated as a component of a multiemployer plan as described in paragraph (1), such notice shall include a certification by the plan actuary under section 432(b)(4) that the effective date of the amendment occurs in a plan year for which the multiemployer plan is not in endangered or critical status for that plan year and any of the succeeding 5 plan years. (6) References to composite plan component As used in this part, the term composite plan (7) Rule of construction Paragraph (2)(A) shall not be construed as preventing the plan sponsor of a multiemployer plan from adopting an amendment pursuant to paragraph (1) because some collective bargaining agreements are amended to cease any covered employer's obligation to contribute to the multiemployer plan before or after the plan amendment is effective. Paragraph (2)(B) shall not be construed as preventing the plan sponsor of a multiemployer plan from adopting an amendment pursuant to paragraph (1) because some participants cease to have contributions made to the multiemployer plan on their behalf before or after the plan amendment is effective. (c) Coordination with funding rules Except as otherwise provided in this part, sections 412, 431, and 432 shall not apply to a composite plan. (d) Treatment of a composite plan For purposes of this title (other than sections 412 and 418E), a composite plan shall be treated as if it were a defined benefit plan unless a different treatment is provided for under applicable law. 438. Funded ratios; actuarial assumptions (a) Certification of funded ratios (1) In general Not later than the one-hundred twentieth day of each plan year of a composite plan, the plan actuary of the composite plan shall certify to the Secretary, the Secretary of Labor, and the plan sponsor the plan’s current funded ratio and projected funded ratio for the plan year. (2) Determination of current funded ratio and projected funded ratio For purposes of this section— (A) Current funded ratio The current funded ratio is the ratio (expressed as a percentage) of— (i) the value of the plan’s assets as of the first day of the plan year, to (ii) the plan actuary’s calculation of the present value of the plan liabilities as of the first day of the plan year. (B) Projected funded ratio The projected funded ratio is the funded ratio determined under subparagraph (A), projected as of the first day of the fifteenth plan year following the plan year for which the determination is being made. (3) Consideration of contribution rate increases For purposes of projections under this subsection, the plan actuary may anticipate contribution rate increases beyond the term of the current collective bargaining agreement and any agreed-to supplements, if reasonable, not to exceed 2.5 percent per year, compounded annually. (b) Actuarial assumptions and methods For purposes of this part— (1) In general All costs, liabilities, rates of interest, and other factors under the plan shall be determined for a plan year on the basis of actuarial assumptions and methods— (A) each of which is reasonable (taking into account the experience of the plan and reasonable expectations), (B) which, in combination, offer the actuary’s best estimate of anticipated experience under the plan, and (C) with respect to which any change from the actuarial assumptions and methods used in the previous plan year shall be certified by the plan actuary and the actuarial rationale for such change provided in the annual report required by section 6058. (2) Fair market value of assets The value of the plan’s assets shall be taken into account on the basis of their fair market value. (3) Determination of normal cost and plan liabilities A plan’s normal cost and liabilities shall be based on— (A) the most recent actuarial valuation required under section 437(a)(5)(A) and the unit credit funding method, and (B) rates of interest subject to section 431(b)(6). (4) Time when certain contributions deemed made Any contributions for a plan year made by an employer after the last day of such plan year, but not later than 2½ months after such day, shall be deemed to have been made on such last day. For purposes of this paragraph, such 2½-month period may be extended to a total of not more than 120 days under regulations prescribed by the Secretary. (5) Additional actuarial assumptions Except where otherwise provided in this part, the provisions of section 432(b)(4)(B) shall apply to any determination or projection under this part. 439. Realignment program (a) Realignment program (1) Adoption In any case in which the plan actuary certifies under section 438(a) that the plan’s projected funded ratio is below 120 percent for the plan year, the plan sponsor shall adopt a realignment program under paragraph (2) not later than 210 days after the due date of the certification required under section 438(a). The plan sponsor shall adopt an updated realignment program for each succeeding plan year for which a certification described in the preceding sentence is made. (2) Content of realignment program (A) In general A realignment program adopted under this paragraph is a written program which consists of reasonable measures, including options or a range of options to be undertaken by the plan sponsor or proposed to the bargaining parties, formulated, based on reasonably anticipated experience and reasonable actuarial assumptions, to enable the plan to achieve a projected funded ratio of at least 120 percent for the following plan year. (B) Initial program elements Reasonable measures under a realignment program described in subparagraph (A) may include any of the following: (i) Proposed contribution increases. (ii) A reduction in the rate of future benefit accruals, so long as the resulting rate shall not be less than 1 percent of the contributions on which benefits are based as of the start of the plan year (or the equivalent standard accrual rate as described in section 432(f)(6)). (iii) A modification or elimination of adjustable benefits of participants that are not in pay status before the date of the notice required under subsection (b)(1). (iv) Any other legally available measures not specifically described in this subparagraph or subparagraph (C) or (D) that the plan sponsor determines are reasonable. (C) Additional program elements If the plan sponsor has determined that all reasonable measures available under subparagraph (B) will not enable the plan to achieve a projected funded ratio of at least 120 percent the following plan year, such realignment program may also include— (i) a reduction of accrued benefits that are not in pay status by the date of the notice required under subsection (b)(1), or (ii) a reduction of any benefits of participants that are in pay status before the date of the notice required under subsection (b)(1) other than core benefits as defined in paragraph (4). (D) Additional reductions In the case of a composite plan for which the plan sponsor has determined that all reasonable measures available under subparagraphs (B) and (C) will not enable the plan to achieve a projected funded ratio of at least 120 percent for the following plan year, the realignment program may also include— (i) a further reduction in the rate of future benefit accruals without regard to the limitation applicable under subparagraph (B)(ii), or (ii) a reduction of core benefits, provided that such reductions shall be equitably distributed across the participant and beneficiary population, taking into account factors, with respect to participants and beneficiaries and their benefits, that may include one or more of the factors listed in subclauses (I) through (X) of section 432(f)(9)(D)(vi), to the extent necessary to enable the plan to achieve a projected funded ratio of at least 120 percent for the following plan year. (3) Adjustable benefit defined For purposes of this part, the term adjustable benefit (A) benefits, rights, and features under the plan, including post-retirement death benefits, disability benefits not yet in pay status, and similar benefits, (B) any early retirement benefit or retirement-type subsidy (within the meaning of section 411(d)(6)(B)(i)) (including early reduction factors which are not provided on an actuarially equivalent basis) and any benefit payment option (other than the qualified joint and survivor annuity), (C) benefit increases which were adopted (or, if later, took effect) less than 120 months before the first day of the first plan year in which such realignment program took effect, (D) any one-time bonus payment or thirteenth check (E) benefits granted for period of service prior to participation in the plan. (4) Core benefit defined For purposes of this part, the term core benefit (A) any early retirement benefits, retirement-type subsidies, or other benefits, rights, or features that may be associated with that benefit, and (B) any cost-of-living adjustments or benefit increases effective after the date of retirement. (5) Coordination with contribution increases (A) In general A realignment program may provide that some or all of the benefit modifications described in the program will only take effect if the bargaining parties fail to agree to specified levels of increases in contributions to the plan, effective as of specified dates. (B) Independent benefit modifications If a realignment program adopts any changes to the benefit formula that are independent of potential contribution increases, such changes shall take effect not later than 180 days following the first day of the first plan year that begins following the adoption of the realignment program. (C) Conditional benefit modifications If a realignment program adopts any changes to the benefit formula that take effect only if the bargaining parties fail to agree to contribution increases, such changes shall take effect not later than the first day of the first plan year beginning after the third anniversary of the date of adoption of the realignment program. (D) Revocation of certain benefit modifications Benefit modifications described in paragraph (3) may be revoked, in whole or in part, and retroactively or prospectively, when contributions to the plan are increased, as specified in the realignment program, including any amendments thereto. The preceding sentence shall not apply unless the contribution increases are to be effective not later than the fifth anniversary of the first day of the first plan year that begins after the adoption of the realignment program. (b) Notice (1) In general In any case in which it is certified under section 438(a) that the projected funded ratio is less than 120 percent, the plan sponsor shall, not later than 30 days after the date of the certification, provide notification of the current and projected funded ratios to the participants and beneficiaries, the bargaining parties, the Secretary of Labor, and the Secretary. Such notice shall include— (A) an explanation that contribution rate increases or benefit reductions may be necessary, (B) a description of the types of benefits that might be reduced, and (C) an estimate of the contribution increases and benefit reductions that may be necessary to achieve a projected funded ratio of 120 percent. (2) Notice of benefit modifications (A) In general No modifications may be made that reduce the rate of future benefit accrual or that reduce core benefits or adjustable benefits unless notice of such reduction has been given at least 180 days before the general effective date of such reduction for all participants and beneficiaries to— (i) plan participants and beneficiaries, (ii) each employer who has an obligation to contribute to the composite plan, and (iii) each employee organization which, for purposes of collective bargaining, represents plan participants employed by such employers. (B) Content of Notice The notice under subparagraph (A) shall contain— (i) sufficient information to enable participants and beneficiaries to understand the effect of any reduction on their benefits, including an illustration of any affected benefit or subsidy, on an annual or monthly basis that a participant or beneficiary would otherwise have been eligible for as of the general effective date described in subparagraph (A), and (ii) information as to the rights and remedies of plan participants and beneficiaries as well as how to contact the Department of the Treasury for further information and assistance, where appropriate. (C) Form and Manner Any notice under subparagraph (A)— (i) shall be provided in a form and manner prescribed in regulations of the Secretary, and (ii) shall be written in a manner so as to be understood by the average plan participant. (3) Model notices The Secretary shall— (A) prescribe model notices that the plan sponsor of a composite plan may use to satisfy the notice requirements under this subsection, and (B) by regulation enumerate any details related to the elements listed in paragraph (1) that any notice under this subsection must include. (4) Delivery method Any notice under this part shall be provided in writing and may be provided in electronic form to the extent that the form is reasonably accessible to persons to whom the notice is provided. 440. Limitation on increasing benefits (a) Level of current funded ratios Except as provided in subsections (c), (d), and (e), no plan amendment increasing benefits or establishing new benefits under a composite plan may be adopted for a plan year unless— (1) the plan’s current funded ratio is at least 110 percent (without regard to the benefit increase or new benefits), (2) taking the benefit increase or new benefits into account, the current funded ratio is at least 100 percent and the projected funded ratio for the current plan year is at least 120 percent, (3) in any case in which, after taking the benefit increase or new benefits into account, the current funded ratio is less than 140 percent or the projected funded ratio is less than 140 percent, the benefit increase or new benefits are projected by the plan actuary to increase the present value of the plan’s liabilities for the plan year by not more than 3 percent, and (4) expected contributions for the current plan year are at least 120 percent of normal cost for the plan year, determined using the unit credit funding method and treating the benefit increase or new benefits as in effect for the entire plan year. (b) Additional requirements where core benefits reduced If a plan has been amended to reduce core benefits pursuant to a realignment program under section 439(a)(2)(D), such plan may not be subsequently amended to increase core benefits unless the amendment— (1) increases the level of future benefit payments only, and (2) provides for an equitable distribution of benefit increases across the participant and beneficiary population, taking into account the extent to which the benefits of participants were previously reduced pursuant to such realignment program. (c) Exception To comply with applicable law Subsection (a) shall not apply in connection with a plan amendment if the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 or to comply with other applicable law. (d) Exception where maximum deductible limit applies Subsection (a) shall not apply in connection with a plan amendment if and to the extent that contributions to the composite plan would not be deductible for the plan year under section 404(a)(1)(E) if the plan amendment is not adopted. The Secretary of the Treasury shall issue regulations to implement this paragraph. (e) Exception for certain benefit modifications Subsection (a) shall not apply in connection with a plan amendment under section 439(a)(5)(C), regarding conditional benefit modifications. (f) Treatment of plan amendments For purposes of this section— (1) if two or more plan amendments increasing benefits or establishing new benefits are adopted in a plan year, such amendments shall be treated as a single amendment adopted on the last day of the plan year, (2) all benefit increases and new benefits adopted in a single amendment are treated as a single benefit increase, irrespective of whether the increases and new benefits take effect in more than one plan year, and (3) increases in contributions or decreases in plan liabilities which are scheduled to take effect in future plan years may be taken into account in connection with a plan amendment if they have been agreed to in writing or otherwise formalized by the date the plan amendment is adopted. 440A. Composite plan restrictions to preserve legacy plan funding (a) Treatment as a legacy plan (1) In general For purposes of this subchapter, a defined benefit plan shall be treated as a legacy plan with respect to the composite plan under which employees who were eligible to accrue a benefit under the defined benefit plan become eligible to accrue a benefit under such composite plan. (2) Component plans In any case in which a defined benefit plan is amended to add a composite plan component pursuant to section 437(b), paragraph (1) shall be applied by substituting defined benefit component defined benefit plan composite plan component composite plan (3) Eligible to accrue a benefit For purposes of paragraph (1), an employee is considered eligible to accrue a benefit under a composite plan as of the first day in which the employee completes an hour of service under a collective bargaining agreement that provides for contributions to and accruals under the composite plan in lieu of accruals under the defined benefit plan. (4) Collective bargaining agreement As used in this part, the term collective bargaining agreement (5) Other terms Any term used in this part which is not defined in this part and which is also used in section 432 shall have the same meaning provided such term in such section. (b) Restrictions on acceptance by composite plan of agreements and contributions (1) In general The plan sponsor of a composite plan shall not accept or recognize a collective bargaining agreement (or any modification to such agreement), and no contributions may be accepted and no benefits may be accrued or otherwise earned under the agreement— (A) in any case in which the plan actuary of any defined benefit plan that would be treated as a legacy plan with respect to such composite plan has certified under section 432(b)(4) that such defined benefit plan is or will be in endangered or critical status for the plan year in which such agreement would take effect or for any of the succeeding 5 plan years, and (B) unless the agreement requires each employer who is a party to such agreement, including employers whose employees are not participants in the legacy plan, to provide contributions to the legacy plan with respect to such composite plan in a manner that satisfies the transition contribution requirements of subsection (d). (2) Notice Not later than 30 days after a determination by a plan sponsor of a composite plan that an agreement fails to satisfy the requirements described in paragraph (1), the plan sponsor shall provide notification of such failure and the reasons for such determination to— (A) the parties to the agreement, (B) active participants of the composite plan who have ceased to accrue or otherwise earn benefits with respect to service with an employer pursuant to paragraph (1), and (C) the Secretary of Labor, the Secretary of the Treasury, and the Pension Benefit Guaranty Corporation. (3) Limitation on retroactive effect This subsection shall not apply to benefits accrued before the date on which notice is provided under paragraph (2). (c) Restriction on accrual of benefits under a composite plan (1) In general In any case in which an employer, under a collective bargaining agreement entered into after the date of enactment of the Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021 (2) Notice of cessation of obligation Within 30 days of determining that an employer has ceased to have an obligation to contribute to a legacy plan with respect to employees employed by an employer that is or will be contributing to a composite plan with respect to service of such employees, the plan sponsor of the legacy plan shall notify the plan sponsor of the composite plan of that cessation. (3) Notice of cessation of accruals Not later than 30 days after determining that an employer has ceased to have an obligation to contribute to a legacy plan, the plan sponsor of the composite plan shall notify the bargaining parties, the active participants affected by the cessation of accruals, the Secretary, the Secretary of Labor, and the Pension Benefit Guaranty Corporation of the cessation of accruals, the period during which such cessation is in effect, and the reasons therefor. (4) Limitation on retroactive effect This subsection shall not apply to benefits accrued before the date on which notice is provided under paragraph (3). (d) Transition contribution requirements (1) In general A collective bargaining agreement satisfies the transition contribution requirements of this subsection if the agreement— (A) authorizes for payment of contributions to a legacy plan at a rate, or multiple rates, as described in paragraph (2)(B), equal to or greater than the transition contribution rate established under paragraph (2), and (B) does not provide for— (i) a suspension of contributions to the legacy plan with respect to any period of service, or (ii) any new direct or indirect exclusion of younger or newly hired employees of the employer from being taken into account in determining contributions owed to the legacy plan. (2) Transition contribution rate (A) In general The transition contribution rate for a plan year is the contribution rate that, as certified by the actuary of the legacy plan in accordance with the principles in section 432(b)(4)(B), is reasonably expected to be adequate— (i) to fund the normal cost for the plan year, (ii) to amortize the plan’s unfunded liabilities in level annual installments over 25 years, beginning with the plan year in which the transition contribution rate is first established, and (iii) to amortize any subsequent changes in the legacy plan’s unfunded liability due to experience gains or losses (including investment gains or losses, gains or losses due to contributions greater or less than the contributions made under the prior transition contribution rate, and other actuarial gains or losses), changes in actuarial assumptions, changes to the legacy plan’s benefits, or changes in funding method over a period of 15 plan years beginning with the plan year following the plan year in which such change in unfunded liability is incurred, unless otherwise prescribed. The transition contribution rate for any plan year may not be less than the transition contribution rate for the plan year in which such rate is first established. (B) Multiple rates If different rates of contribution are payable to the legacy plan by different employers or for different classes of employees, the certification by the actuary of the legacy plan shall specify a transition contribution rate for each such employer or class of employees. (C) Rate applicable to employer (i) In general Except as provided by clause (ii), the transition contribution rate applicable to an employer for a plan year is the rate in effect for the plan year of the legacy plan that commences on or after 180 days before the earlier of— (I) the effective date of the collective bargaining agreement pursuant to which the employer contributes to the legacy plan, or (II) 5 years after the last plan year for which the transition contribution rate applicable to the employer was established or updated. (ii) Exception The transition contribution rate applicable to an employer for the first plan year beginning on or after the commencement of the employer’s obligation to contribute to the composite plan is the rate in effect for the plan year of the legacy plan that commences on or after 180 days before such first plan year. (D) Effect of legacy plan financial circumstances If the plan actuary of the legacy plan has certified under section 432 that the plan is in endangered or critical status for a plan year, the transition contribution rate for the following plan year is the rate determined with respect to the employer under the legacy plan’s funding improvement or rehabilitation plan under section 432, if greater than the rate otherwise determined, but in no event shall the transition contribution rate be greater than 75 percent of the sum of the contribution rates applicable to the legacy plan and the composite plan for the plan year. Notwithstanding the preceding sentence, if the transition contribution rate in the prior year is more than 75 percent of the sum of the contribution rates applicable to the legacy plan and the composite plan for the prior plan year, the transition contribution rate applicable to the legacy plan shall not be subject to the 75-percent limitation, but shall be neither increased nor reduced as a percentage of the sum of the contribution rates applicable to the legacy plan and the composite plan for the plan year. (E) Other actuarial assumptions and methods Except as provided in subparagraph (A), the determination of the transition contribution rate for a plan year shall be based on actuarial assumptions and methods consistent with the minimum funding determinations made under section 431 (or, if applicable, section 432) with respect to the legacy plan for the plan year. (F) Adjustments in rate The plan sponsor of a legacy plan from time to time may adjust the transition contribution rate or rates applicable to an employer under this paragraph by increasing some rates and decreasing others if the actuary certifies that such adjusted rates in combination will produce projected contribution income for the plan year beginning on or after the date of certification that is not less than would be produced by the transition contribution rates in effect at the time of the certification. (G) Notice of transition contribution rate The plan sponsor of a legacy plan shall provide notice to the parties to collective bargaining agreements pursuant to which contributions are made to the legacy plan of changes to the transition contribution rate requirements at least 30 days before the beginning of the plan year for which the rate is effective. (H) Notice to composite plan sponsor Not later than 30 days after a determination by the plan sponsor of a legacy plan that a collective bargaining agreement provides for a rate of contributions that is below the transition contribution rate applicable to one or more employers that are parties to the collective bargaining agreement, the plan sponsor of the legacy plan shall notify the plan sponsor of any composite plan under which employees of such employer would otherwise be eligible to accrue a benefit. (3) Correction procedures Pursuant to standards prescribed by the Secretary of Labor, the plan sponsor of a composite plan shall adopt rules and procedures that give the parties to the collective bargaining agreement notice of the failure of such agreement to satisfy the transition contribution requirements of this subsection, and a reasonable opportunity to correct such failure, not to exceed 180 days from the date of notice given under subsection (b)(2). (4) Supplemental contributions A collective bargaining agreement may provide for supplemental contributions to the legacy plan for a plan year in excess of the transition contribution rate determined under paragraph (2), regardless of whether the legacy plan is in endangered or critical status for such plan year. (e) Nonapplication of composite plan restrictions (1) In general The provisions of subsections (a), (b), and (c) shall not apply with respect to a collective bargaining agreement, to the extent the agreement, or a predecessor agreement, provides or provided for contributions to a defined benefit plan that is a legacy plan, as of the first day of the first plan year following a plan year for which the plan actuary certifies that the plan is fully funded, has been fully funded for at least three out of the immediately preceding 5 plan years, and is projected to remain fully funded for at least the following 4 plan years. (2) Determination of fully funded A plan is fully funded for purposes of paragraph (1) if, as of the valuation date of the plan for a plan year, the value of the plan’s assets equals or exceeds the present value of the plan’s liabilities, determined in accordance with the rules prescribed by the Pension Benefit Guaranty Corporation under sections 4219(c)(1)(D) and 4281 of Employee Retirement Income and Security Act for multiemployer plans terminating by mass withdrawal, as in effect for the date of the determination, except the plan’s reasonable assumption regarding the starting date of benefits may be used. (3) Other applicable rules Except as provided in paragraph (2), actuarial determinations and projections under this section shall be based on the rules in section 438(b). 440B. Mergers and asset transfers of composite plans (a) In general Assets and liabilities of a composite plan may only be merged with, or transferred to, another plan if— (1) the other plan is a composite plan, (2) the plan or plans resulting from the merger or transfer is a composite plan, (3) no participant’s accrued benefit or adjustable benefit is lower immediately after the transaction than it was immediately before the transaction, and (4) the value of the assets transferred in the case of a transfer reasonably reflects the value of the amounts contributed with respect to the participants whose benefits are being transferred, adjusted for allocable distributions, investment gains and losses, and administrative expenses. A plan which is not a composite plan may not merge with or transfer assets and liabilities to a composite plan. (b) Legacy plan (1) In general After a merger or transfer involving a composite plan, the legacy plan with respect to an employer that is obligated to contribute to the resulting composite plan is the legacy plan that applied to that employer immediately before the merger or transfer. (2) Multiple Legacy Plans If an employer is obligated to contribute to more than one legacy plan with respect to employees eligible to accrue benefits under more than one composite plan and there is a merger or transfer of such legacy plans, the transition contribution rate applicable to the legacy plan resulting from the merger or transfer with respect to that employer shall be determined in accordance with the provisions of section 440A(d)(2)(B). . (2) Clerical amendment The table of parts for subchapter D of chapter 1 Part IV—Composite Plans and Legacy Plans . (c) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. 502. Application of certain requirements to composite plans (a) Amendments to the Employee Retirement Income Security Act of 1974 (1) Treatment for purposes of funding notices Section 101(f) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021(f) (A) in paragraph (1) by striking title IV applies title IV applies or which is a composite plan (B) by adding at the end the following: (5) Application to composite plans The provisions of this subsection shall apply to a composite plan only to the extent prescribed by the Secretary in regulations that take into account the differences between a composite plan and a defined benefit plan that is a multiemployer plan. . (2) Treatment for purposes of annual report Section 103 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023 (A) in subsection (d) by adding at the end the following sentence: The provisions of this subsection shall apply to a composite plan only to the extent prescribed by the Secretary in regulations that take into account the differences between a composite plan and a defined benefit plan that is a multiemployer plan. (B) in subsection (f) by adding at the end the following: (3) Additional information for composite plans With respect to any composite plan— (A) the provisions of paragraph (1)(A) shall apply by substituting current funded ratio and projected funded ratio (as such terms are defined in section 802(a)(2)) funded percentage (B) the provisions of paragraph (2) shall apply only to the extent prescribed by the Secretary in regulations that take into account the differences between a composite plan and a defined benefit plan that is a multiemployer plan. ; and (C) by adding at the end the following: (h) Composite plans A multiemployer plan that incorporates the features of a composite plan as provided in section 801(b) shall be treated as a single plan for purposes of the report required by this section, except that separate financial statements and actuarial statements shall be provided under paragraphs (3) and (4) of subsection (a) for the defined benefit plan component and for the composite plan component of the multiemployer plan. . (3) Treatment for purposes of pension benefit statements Section 105(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1025(a) (4) Composite plans For purposes of this subsection, a composite plan shall be treated as a defined benefit plan to the extent prescribed by the Secretary in regulations that take into account the differences between a composite plan and a defined benefit plan that is a multiemployer plan. . (b) Amendments to the Internal Revenue Code of 1986 Section 6058 (f) Composite plans A multiemployer plan that incorporates the features of a composite plan as provided in section 437(b) shall be treated as a single plan for purposes of the return required by this section, except that separate financial statements shall be provided for the defined benefit plan component and for the composite plan component of the multiemployer plan. . (c) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. 503. Treatment of composite plans under title IV (a) Definition Section 4001(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1301(a) (22) Composite plan The term composite plan . (b) Composite plans disregarded for calculating premiums Section 4006(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1306(a) (9) The composite plan component of a multiemployer plan shall be disregarded in determining the premiums due under this section from the multiemployer plan. . (c) Composite plans not covered Section 4021(b)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1321(b)(1) Act Act, or a composite plan, as defined in paragraph (43) of section 3 of this Act (d) No withdrawal liability Section 4201 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1381 (c) Contributions by an employer to the composite plan component of a multiemployer plan shall not be taken into account for any purpose under this title. . (e) No withdrawal liability for certain plans Section 4201 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1381 (d) Contributions by an employer to a multiemployer plan described in the except clause of section 3(35) of this Act pursuant to a collective bargaining agreement that specifically designates that such contributions shall be allocated to the separate defined contribution accounts of participants under the plan shall not be taken into account with respect to the defined benefit portion of the plan for any purpose under this title (including the determination of the employer’s highest contribution rate under section 4219), even if, under the terms of the plan, participants have the option to transfer assets in their separate defined contribution accounts to the defined benefit portion of the plan in return for service credit under the defined benefit portion, at rates established by the plan sponsor. (e) A legacy plan created under section 805 shall be deemed to have no unfunded vested benefits for purposes of this part, for each plan year following a period of 5 consecutive plan years for which— (1) the plan was fully funded within the meaning of section 805 for at least 3 of the plan years during that period, ending with a plan year for which the plan is fully funded; (2) the plan had no unfunded vested benefits for at least 3 of the plan years during that period, ending with a plan year for which the plan is fully funded; and (3) the plan is projected to be fully funded and to have no unfunded vested benefits for the following four plan years. . (f) No withdrawal liability for employers contributing to certain fully funded legacy plans Section 4211 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1382 (g) Legacy plans No amount of unfunded vested benefits shall be allocated to an employer that has an obligation to contribute to a legacy plan described in subsection (e) of section 4201 for each plan year for which such subsection applies. . (g) No obligation To contribute Section 4212 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1392 (d) No obligation To contribute An employer shall not be treated as having an obligation to contribute to a multiemployer defined benefit plan within the meaning of subsection (a) solely because— (1) in the case of a multiemployer plan that includes a composite plan component, the employer has an obligation to contribute to the composite plan component of the plan; (2) the employer has an obligation to contribute to a composite plan that is maintained pursuant to one or more collective bargaining agreements under which the multiemployer defined benefit plan is or previously was maintained; or (3) the employer contributes or has contributed under section 805(d) to a legacy plan associated with a composite plan pursuant to a collective bargaining agreement but employees of that employer were not eligible to accrue benefits under the legacy plan with respect to service with that employer. . (h) No inference Nothing in the amendment made by subsection (e) shall be construed to create an inference with respect to the treatment under title IV of the Employee Retirement Income Security Act of 1974, as in effect before such amendment, of contributions by an employer to a multiemployer plan described in the except clause of section 3(35) of such Act that are made before the effective date of subsection (e) specified in subsection (h)(2). (i) Effective date (1) In general Except as provided in subparagraph (2), the amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. (2) Special rule for section 414(k) The amendment made by subsection (e) shall apply only to required contributions payable for plan years beginning after the date of the enactment of this Act. 504. Conforming changes (a) Definitions (1) Amendment to Employee Retirement Income Security Act of 1974 Section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 (A) in paragraph (35), by inserting or a composite plan other than an individual account plan (B) by adding at the end the following: (43) The term composite plan . (2) Amendment to Internal Revenue Code of 1986 Section 414(j) , other than a composite plan (as defined in section 437(a)), any plan (b) Special funding rule for certain legacy plans (1) Amendment to Employee Retirement Income Security Act of 1974 Section 304(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1084(b) (10) Special funding rule for certain legacy plans In the case of a multiemployer defined benefit plan that has adopted an amendment under section 801(b), in accordance with which no further benefits shall accrue under the multiemployer defined benefit plan, the plan sponsor may combine the outstanding balance of all charge and credit bases and amortize that combined base in level annual installments (until fully amortized) over a period of 25 plan years beginning with the plan year following the date all benefit accruals ceased, but only if the plan is not in endangered or critical status under section 305. . (2) Amendment to Internal Revenue Code of 1986 Section 431(b) (10) Special funding rule for certain legacy plans In the case of a multiemployer defined benefit plan that has adopted an amendment under section 437(b), in accordance with which no further benefits shall accrue under the multiemployer defined benefit plan, the plan sponsor may combine the outstanding balance of all charge and credit bases and amortize that combined base in level annual installments (until fully amortized) over a period of 25 plan years beginning with the plan year following the date on which all benefit accruals ceased, but only if the plan is not in endangered or critical status under section 432. . (c) Benefits after merger, consolidation, or transfer of assets (1) Amendment to Employee Retirement Income Security Act of 1974 Section 208 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1058 (A) by striking so much of the first sentence as precedes may not merge (1) In general Except as provided in paragraph (2), a pension plan may not merge, and ; and (B) by striking the second sentence and adding at the end the following: (2) Special requirements for multiemployer plans Paragraph (1) shall not apply to any transaction to the extent that participants either before or after the transaction are covered under a multiemployer plan to which title IV of this Act applies or a composite plan. . (2) Amendments to Internal Revenue Code of 1986 (A) Qualification requirement Section 401(a)(12) (i) by striking (12) A trust (12) Benefits after merger, consolidation, or transfer of assets (A) In general Except as provided in subparagraph (B), a trust ; (ii) by striking the second sentence; and (iii) by adding at the end the following: (B) Special requirements for multiemployer plans Subparagraph (A) shall not apply to any multiemployer plan with respect to any transaction to the extent that participants either before or after the transaction are covered under a multiemployer plan to which title IV of the Employee Retirement Income Security Act of 1974 applies or a composite plan. . (B) Additional qualification requirement Paragraph (1) of section 414(l) of such Code is amended— (i) by striking (1) In general shall not constitute (1) Benefit protections: merger, consolidation, transfer (A) In general Except as provided in subparagraph (B), a trust which forms a part of a plan shall not constitute ; (ii) by striking the second sentence; and (iii) by adding at the end the following: (B) Special requirements for multiemployer plans Subparagraph (A) does not apply to any multiemployer plan with respect to any transaction to the extent that participants either before or after the transaction are covered under a multiemployer plan to which title IV of the Employee Retirement Income Security Act of 1974 applies or a composite plan. . (d) Requirements for status as a qualified plan (1) Requirement that actuarial assumptions be specified Section 401(a)(25) (in the case of a composite plan, benefits objectively calculated pursuant to a formula) definitely determinable benefits (2) Missing participants in terminating composite plan Section 401(a)(34) , a trust or a composite plan, a trust (e) Deduction for contributions to a qualified plan Section 404(a)(1) (E) Composite plans (i) In general In the case of a composite plan, subparagraph (D) shall not apply and the maximum amount deductible for a plan year shall be the excess (if any) of— (I) 140 percent of the greater of— (aa) the current liability of the plan determined in accordance with the principles of section 431(c)(6)(D), or (bb) the present value of plan liabilities as determined under section 438, over (II) the fair market value of the plan’s assets, projected to the end of the plan year. (ii) Special rules for predecessor multiemployer plan to composite plan (I) In general Except as provided in subclause (II), if an employer contributes to a composite plan with respect to its employees, contributions by that employer to a legacy plan with respect to some or all of the same group of employees shall be deductible under sections 162 and this section, subject to the limits in subparagraph (D). (II) Transition contribution The full amount of a contribution to satisfy the transition contribution requirement (as defined in section 440A(d)) and allocated to the legacy defined benefit plan for the plan year shall be deductible for the employer’s taxable year ending with or within the plan year. . (f) Minimum vesting standards (1) Years of service under composite plans (A) Employee Retirement Income Security Act of 1974 Section 203 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1053 (g) Special rules for computing years of service under composite plans (1) In general In determining a qualified employee’s years of service under a composite plan for purposes of this section, the employee’s years of service under a legacy plan shall be treated as years of service earned under the composite plan. For purposes of such determination, a composite plan shall not be treated as a defined benefit plan pursuant to section 801(d). (2) Qualified employee For purposes of this subsection, an employee is a qualified employee if the employee first completes an hour of service under the composite plan (determined without regard to the provisions of this subsection) within the 12-month period immediately preceding or the 24-month period immediately following the date the employee ceased to accrue benefits under the legacy plan. (3) Certification of years of service For purposes of paragraph (1), the plan sponsor of the composite plan shall rely on a written certification by the plan sponsor of the legacy plan of the years of service the qualified employee completed under the defined benefit plan as of the date the employee satisfies the requirements of paragraph (2), disregarding any years of service that had been forfeited under the rules of the defined benefit plan before that date unless contrary to service records provided by the participant. In the case of a conflict, the plan sponsor shall evaluate the evidence and make a reasonable factual determination. (h) Special rules for computing years of service under legacy plans (1) In general In determining a qualified employee’s years of service under a legacy plan for purposes of this section, and in addition to any service under applicable regulations, the employee’s years of service under a composite plan shall be treated as years of service earned under the legacy plan. For purposes of such determination, a composite plan shall not be treated as a defined benefit plan pursuant to section 801(d). (2) Qualified employee For purposes of this subsection, an employee is a qualified employee if the employee first completes an hour of service under the composite plan (determined without regard to the provisions of this subsection) within the 12-month period immediately preceding or the 24-month period immediately following the date the employee ceased to accrue benefits under the legacy plan. (3) Certification of years of service For purposes of paragraph (1), the plan sponsor of the legacy plan shall rely on a written certification by the plan sponsor of the composite plan of the years of service the qualified employee completed under the composite plan after the employee satisfies the requirements of paragraph (2), disregarding any years of service that has been forfeited under the rules of the composite plan unless contrary to service records provided by the participant. In the case of a conflict, the plan sponsor shall evaluate the evidence and make a reasonable factual determination. . (B) Internal Revenue Code of 1986 Section 411(a) (14) Special rules for determining years of service under composite plans (A) In general In determining a qualified employee’s years of service under a composite plan for purposes of this subsection, the employee’s years of service under a legacy plan shall be treated as years of service earned under the composite plan. For purposes of such determination, a composite plan shall not be treated as a defined benefit plan pursuant to section 437(d). (B) Qualified employee For purposes of this paragraph, an employee is a qualified employee if the employee first completes an hour of service under the composite plan (determined without regard to the provisions of this paragraph) within the 12-month period immediately preceding or the 24-month period immediately following the date the employee ceased to accrue benefits under the legacy plan. (C) Certification of years of service For purposes of subparagraph (A), the plan sponsor of the composite plan shall rely on a written certification by the plan sponsor of the legacy plan of the years of service the qualified employee completed under the legacy plan as of the date the employee satisfies the requirements of subparagraph (B), disregarding any years of service that had been forfeited under the rules of the defined benefit plan before that date unless contrary to service records provided by the participant. In the case of a conflict, the plan sponsor shall evaluate the evidence and make a reasonable factual determination. (15) Special rules for computing years of service under legacy plans (A) In general In determining a qualified employee’s years of service under a legacy plan for purposes of this section, and in addition to any service under applicable regulations, the employee’s years of service under a composite plan shall be treated as years of service earned under the legacy plan. For purposes of such determination, a composite plan shall not be treated as a defined benefit plan pursuant to section 437(d). (B) Qualified employee For purposes of this paragraph, an employee is a qualified employee if the employee first completes an hour of service under the composite plan (determined without regard to the provisions of this paragraph) within the 12-month period immediately preceding or the 24-month period immediately following the date the employee ceased to accrue benefits under the legacy plan. (C) Certification of years of service For purposes of subparagraph (A), the plan sponsor of the legacy plan shall rely on a written certification by the plan sponsor of the composite plan of the years of service the qualified employee completed under the composite plan after the employee satisfies the requirements of subparagraph (B), disregarding any years of service that has been forfeited under the rules of the composite plan unless contrary to service records provided by the participant. In the case of a conflict, the plan sponsor shall evaluate the evidence and make a reasonable factual determination. . (2) Reduction of benefits (A) Employee Retirement Income Security Act of 1974 Section 203(a)(3)(E)(ii) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1053(a)(3)(E)(ii) (i) in subclause (I) by striking 4244A 305(f), 803, (ii) in subclause (II) by striking 4245 305(f), 4245, (B) Internal Revenue Code of 1986 Section 411(a)(3)(F) (i) in clause (i) by striking section 418D or under section 4281 of the Employee Retirement Income Security Act of 1974 section 432(f) or 439 or under section 4281 of the Employee Retirement Income Security Act of 1974 (ii) in clause (ii) by inserting or 432(f) section 418E (3) Accrued benefit requirements (A) Employee Retirement Income Security Act of 1974 Section 204(b)(1)(B)(i) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1054(b)(1)(B)(i) , including an amendment reducing or suspending benefits under section 305(f), 803, 4245 or 4281, any amendment to the plan (B) Internal Revenue Code of 1986 Section 411(b)(1)(B)(i) , including an amendment reducing or suspending benefits under section 418E, 432(f) or 439, or under section 4281 of the Employee Retirement Income Security Act of 1974, any amendment to the plan (4) Additional accrued benefit requirements (A) Employee Retirement Income Security Act of 1974 Section 204(b)(1)(H)(v) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1053(b)(1)(H)(v) , or benefits are reduced or suspended under section 305(f), 803, 4245, or 4281 (B) Internal Revenue Code of 1986 Section 411(b)(1)(H)(iv) (i) in the heading by striking benefit benefit and the suspension and reduction of certain benefits (ii) in the text by inserting before the period at the end the following: , or benefits are reduced or suspended under section 418E, 432(f), or 439, or under section 4281 of the Employee Retirement Income Security Act of 1974 (5) Accrued benefit not to be decreased by amendment (A) Employee Retirement Income Security Act of 1974 Section 204(g)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1053(g)(1) 302(d)(2) , 305(f), 803, 4245, (B) Internal Revenue Code of 1986 Section 411(d)(6)(A) 412(d)(2), 418E, 432(f), or 439, (g) Certain funding rules not applicable (1) Employee Retirement Income Security Act of 1974 Section 305 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1085 (l) Legacy plans This section and sections 302 and 304 shall not apply to an employer that has an obligation to contribute to a plan that is a legacy plan within the meaning of section 805(a) solely because the employer has an obligation to contribute to a composite plan described in section 801 that is associated with that legacy plan. . (2) Internal Revenue Code of 1986 Section 432 (l) Legacy plans This section and sections 412 and 431 shall not apply to an employer that has an obligation to contribute to a plan that is a legacy plan within the meaning of section 440A(a) solely because the employer has an obligation to contribute to a composite plan described in section 437 that is associated with that legacy plan. . (h) Termination of composite plan Section 403(d) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1103(d) (1) in paragraph (1), by striking regulations of the Secretary. regulations of the Secretary, or as provided in paragraph (3). (2) by adding at the end the following: (3) Section 4044(a) of this Act shall be applied in the case of the termination of a composite plan by— (A) limiting the benefits subject to paragraph (3) thereof to benefits as defined in section 802(b)(3)(B); and (B) including in the benefits subject to paragraph (4) all other benefits (if any) of individuals under the plan that would be guaranteed under section 4022A if the plan were subject to title IV. . (i) Good faith compliance prior to guidance Where the implementation of any provision of law added or amended by this Act is subject to issuance of regulations by the Secretary of Labor, the Secretary of the Treasury, or the Pension Benefit Guaranty Corporation, a multiemployer plan shall not be treated as failing to meet the requirements of any such provision prior to the issuance of final regulations or other guidance to carry out such provision if such plan is operated in accordance with a reasonable, good faith interpretation of such provision. 505. Effective date Unless otherwise specified, the amendments made by this title shall apply to plan years beginning after the date of the enactment of this title. VI Financial provisions 601. Additional premiums (a) Increase in flat dollar premium beginning in 2022 Section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1306(a)(3) (1) in subparagraph (A)— (A) in clause (vi)— (i) by inserting and before January 1, 2022, 2014, (ii) by striking or (B) by moving the margins of clause (vii) 2 ems to the left; (C) by redesignating clause (vii) as clause (ix); and (D) by inserting after clause (vi) the following: (vii) in the case of a multiemployer plan, for plan years beginning in calendar year 2022, for each individual who is a participant in such plan during the plan year, the dollar amount in effect under clause (i) for plan years beginning in 2022, . (b) Flat and variable rate premium for years after 2022 Section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1306(a)(3) (1) by inserting after clause (vii) of subparagraph (A) the following: (viii) in the case of a multiemployer plan, for any plan year beginning after December 31, 2022, an amount for each individual who is a participant in such plan during the plan year equal to the sum of— (I) the premium rate applicable under clause (i)(VIII), plus (II) the additional premium (if any) determined under subparagraph (N) for the plan year, or ; and (2) by adding at the end the following: (N) (i) The additional premium determined under this subparagraph with respect to any multiemployer plan for any plan year shall be an amount equal to the least of— (I) the amount determined under clause (ii) for the plan year divided by the number of participants in such plan as of the close of the preceding plan year; (II) 10 percent of the historic base contributions divided by the number of participants in such plan as of the close of the preceding plan year; or (III) $250. (ii) The amount determined under this clause for any plan year shall be an amount equal to $10 for each $1,000 (or fraction thereof) of the multiemployer unfunded vested benefits under the plan as of the close of the preceding plan year. For purposes of this clause, the term multiemployer unfunded vested benefits (I) the current liability of the plan as determined under section 304(c)(6)(D) by taking into account only vested benefits, over (II) the fair market value (as determined under section 304(c)(6)(A)(ii)(I)) of the plan assets for the plan year which are held by the plan as of the valuation date. (iii) For purposes of clause (i)(II), the term historic base contributions (iv) For each plan year beginning after December 31, 2023, there shall be substituted for the dollar amount of historic base contributions under clause (i)(II) and the dollar amount specified in clause (i)(III) an amount equal to the greater of— (I) the product derived by multiplying such dollar amount for plan years beginning in that calendar year by the ratio of— (aa) the national average wage index (as defined in section 209(k)(1) of the Social Security Act) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to (bb) the national average wage index (as so defined) for 2021, or (II) such dollar amount in effect for plan years beginning in the preceding calendar year. If any amount determined under this clause is not a multiple of $1, such product shall be rounded to the nearest multiple of $1. . (c) Additional premiums Section 4006(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1306(a) (10) Additional premiums payable by participants and beneficiaries (A) In general In addition to the amounts payable under paragraph (3), for plan years beginning after December 31, 2022, with respect to multiemployer plans, premiums shall be payable to the corporation with respect to participants and beneficiaries who are in pay status in accordance with this paragraph. (B) Amounts payable Subject to subparagraphs (C), (D), and (E), the monthly amount payable by each participant or beneficiary who is in pay status is— (i) an amount equal to 3 percent of the participant's or beneficiary's aggregate monthly benefit, in the case of a plan in endangered status, as described in section 305(b)(2); (ii) an amount equal to 5 percent of the participant's or beneficiary's aggregate monthly benefit, in the case of a plan in critical status, as described in section 305(b)(3); (iii) an amount equal to 7 percent of the participant's or beneficiary's aggregate monthly benefit, in the case of a plan in critical and declining status (as described in section 305(b)(7)), a plan that became an insolvent plan after the date of enactment of this paragraph, or a plan that has been terminated under section 4041A or 4042 but is not insolvent, unless that plan is (or was) an original or successor plan pursuant to a special partition order under section 4233A; or (iv) notwithstanding clauses (i), (ii), or (iii), an amount equal to 10 percent of the participant’s or beneficiary’s aggregate monthly benefit, in the case of a plan which is (or was) an original or successor plan pursuant to a special partition order under section 4233A, regardless of the status of the original or successor plan. (C) Coordination with suspension of benefits In the case of any participant or beneficiary whose benefits are suspended under section 305(f)(9), the percentage of benefits payable under the applicable clause of subparagraph (B) with respect to the participant or beneficiary shall be reduced (but not below zero) by the percentage of benefits which were so suspended. (D) Treatment of benefits based on disability No benefits— (i) based on disability (as defined by the plan), or (ii) of a participant or beneficiary who is entitled to a benefit under title II of the Social Security Act on the basis of a disability (as defined in section 223(d)(2) of such Act), shall be included in the calculation of the participant’s or beneficiary’s aggregate monthly benefit for purposes of determining the payment due under subparagraph (B). (E) Phaseout of premium for those aged 75 and older (i) In general In the case of a participant or beneficiary who has attained or will attain at least 75 years of age in a plan year, the monthly amount payable by such participant or beneficiary for months during such plan year under this paragraph (determined without regard to this subparagraph) shall be reduced by the applicable percentage of such amount. (ii) Applicable percentage For purposes of clause (i), the applicable percentage for any month shall be determined in accordance with the following table: If the individual is, or will attain during the plan year, age: The applicable percentage is: 75 20 percent 76 40 percent 77 60 percent 78 80 percent 79 or older 100 percent. (F) Methods of collection The premiums payable under subparagraph (B) shall be collected by the plan from participants who are receiving benefits under the plan by deducting the amount of the premium from the benefits as and when paid, and holding such amounts in a separate account to be remitted to the corporation annually, as prescribed by regulations of the corporation. Amounts held in a separate account under this subparagraph shall not accrue interest, shall not be treated as assets of the plan, and shall not be commingled with any other assets of the plan. (G) Plan amendments The administrator of each multiemployer plan shall amend the plan documents to allow for deductions from benefits pursuant to this paragraph. (H) Preemption This paragraph shall supersede any law of a State which would directly or indirectly prohibit or restrict an employer, plan, or labor organization from withholding or remitting premium amounts in accordance with this paragraph. (I) Determination of plan status (i) In general Except as otherwise provided by the regulations issued pursuant to clause (ii), for purposes of determining premiums due under this paragraph, the plan's status shall be the status certified under section 305 for the first plan year beginning on or after January 1, 2022. (ii) Subsequent changes in status The corporation shall issue regulations regarding the timing required for reflecting, in the amounts withheld, a revised plan status certified at a later date. In no event shall such regulations allow a delay of more than 90 days. (11) Additional premiums payable by employers and labor organizations (A) In general In addition to the amounts payable under paragraph (3), for plan years beginning after December 31, 2022, with respect to multiemployer plans, premiums shall be payable to the corporation with respect to employers and labor organizations in accordance with this paragraph. (B) Employers The monthly amount payable by employers, for each employee participating in the plan (as determined under subparagraph (D)) during that month is— (i) $1 in the case of a plan in unrestricted status pursuant to section 305(b)(1)(B), or $1.50 in the case of a plan in stable status pursuant to section 305(b)(1)(A), but only if the plan is not an original plan or a successor plan within the meaning of section 4233A; and (ii) $2.50 in any other case. (C) Labor organizations The monthly amount payable by labor organizations, for each member paying dues and participating in the plan (as determined under subparagraph (D)) during that month is— (i) $1 in the case of a plan in unrestricted status pursuant to section 305(b)(1)(B), or $1.50 in the case of a plan in stable status pursuant to section 305(b)(1)(A), but only if the plan is not an original plan or a successor plan within the meaning of section 4233A; and (ii) $2.50 in any other case. (D) Persons participating in the plan For purposes of subparagraphs (B) and (C), an employee or member participating in the plan during any month is a person with respect to whom the employer had an obligation to contribute to the plan under the terms of a collective bargaining agreement or other participation agreement for that month. (E) Remittance Premiums required under subparagraph (B) or (C) shall be remitted to the plan monthly and held in a separate account until remittance, as prescribed in subparagraph (F). In the case of a participant or beneficiary on whose behalf more than one employer contributed during a month, the plan may elect to apportion the monthly amount to the employers on a proportional basis. Amounts held in a separate account under this subparagraph shall not accrue interest, shall not be treated as assets of the plan, and shall not be commingled with any other assets of the plan. (F) Submission to the corporation Each plan shall submit the premiums under subparagraph (E) to the corporation, on an annual basis, as prescribed by regulations of the corporation. (G) Determination of plan status (i) In general Except as otherwise provided by the regulations issued pursuant to clause (ii), for purposes of determining premiums due under this paragraph, the plan's status shall be the status certified under section 305 for the first plan year beginning on or after January 1, 2022. (ii) Subsequent changes in status The corporation shall issue regulations regarding the timing required for reflecting, in the amounts due, a revised plan status certified at a later date. In no event shall such regulations allow a delay of more than 90 days. . (d) Payment of premiums (1) Applicability of premiums Section 4007(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1307(b) (3) (A) (i) The following plans shall not owe a variable rate premium determined under section 4006(a)(3)(N): (I) An insolvent plan that has commenced receiving financial assistance. (II) A plan which is certified by the plan actuary under section 305 as being in unrestricted status pursuant to section 305(b)(1)(B), and which is not an original plan within the meaning of section 4233A. (III) With respect to plan years beginning before January 1, 2025, a plan which is certified by the plan actuary under section 305 as being in stable status pursuant to section 305(b)(1)(A), and which is not an original plan within the meaning of section 4233A. (ii) An insolvent plan that has commenced receiving financial assistance shall not owe the flat rate premium under section 4006(a)(3)(A)(viii)(I). (B) In the case of a special partition under section 4233A, the original plan shall calculate and remit premiums under section 4006 as if the original plan and successor plan were one plan and the successor plan shall not be required to remit any such premiums. (4) Paragraph (1) shall apply to the additional premiums required by section 4006(a)(10) and (11). . (2) Authorized civil actions Section 4007(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1307(c) The corporation is authorized to bring a civil action to prevent or correct any action by a designated payor, if a principal purpose of the action by the designated payor is to evade or avoid the payment of premiums, and the corporation shall be authorized to recover the amount of premium that should have been paid by such payor, plus a late payment penalty and interest. (e) Reporting on premium increases and guarantee reductions Section 4008 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1308 (c) Beginning with the report for fiscal year 2025, if the corporation projects in its reporting under this section that the corporation's multiemployer plan program will not remain solvent for at least 10 years after the date of the report, the corporation shall include in the report a recommendation for a balanced combination of premium increases and guarantee reductions needed to ensure solvency for the next 20 years without respect to any loans under section 4005. Such recommendations shall be automatically adopted at the beginning of the next fiscal year unless Congress takes other action. . (f) Delinquent contributions (1) In general Section 515 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1145 (A) by striking contributions contributions and premiums (a) In general Every , and (B) by adding at the end the following new subsection: (b) Premiums Every employer or labor organization which is obligated to remit premiums with respect to a multiemployer plan under section 4006 shall remit such premiums to the plan in accordance with the terms of the plan and regulations issued by the corporation. . (2) Civil enforcement Section 502(g)(2)(A) of such Act ( 29 U.S.C. 1132(g)(2)(A) contributions, contributions or premiums, 602. Funding (a) Loans to the corporation for the fund To pay basic benefits Section 4005 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1305 (i) (1) The corporation may borrow from the Secretary of the Treasury such funds as are necessary to pay basic benefits guaranteed under section 4022A or expenses related to the corporation’s multiemployer plan program if the balance of assets in the revolving fund established under subsection (a) for purposes of paying such benefits is $500,000,000 or less within that year. The corporation may invest amounts so borrowed in accordance with subsection (b)(3)(A). (2) Amounts borrowed under this subsection shall be— (A) issued at an annual interest rate of 0 percent; and (B) repaid by the corporation— (i) beginning 20 years after the date on which the loan is issued; (ii) over a period of not more than 20 years from commencement of repayment; and (iii) out of the fund established under subsection (a) to pay basic benefits guaranteed under section 4022A. (3) The corporation shall notify the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives within 14 days of requesting a loan under this subsection. (4) Beginning on January 1, 2022, if, as of the close of any calendar year the outstanding balance of the loans provided to the corporation during the previous year under this subsection exceeded $2,000,000,000, the multiemployer flat-rate premium rates applicable under section 4006(a) solely for plan years beginning in the immediately succeeding calendar year shall be increased by 20 percent. . (b) Study on funding for basic benefit guarantee Section 4022A(f) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322a(f) (1) by striking Committee on Labor and Human Resources Committee on Health, Education, Labor, and Pensions (2) in paragraph (1)(A)— (A) in clause (i), by striking , and (B) by inserting after clause (ii) the following: (iii) whether the Corporation projects that the loans issued under section 4005(i) will be repaid in accordance with the schedule set forth in paragraph (2)(B) of such section; and ; (3) in paragraph (2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by inserting and repayment of loans under section 4005(i) multiemployer plans (ii) in clause (ii), by inserting , and repayment of any loans issued under section 4005(i) (B) in subparagraph (C), by striking second (4) in paragraph (3)(A)(ii), by inserting and repayment of loans issued under section 4005(i) 603. Composite plan transition fee (a) In general Section 4006(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1306(a) (12) Composite plan transition fee Notwithstanding paragraph (9), in any year after 2024, a composite plan (as defined in section 801(a)) shall remit to the legacy plan (within the meaning of section 805) $15 per participant that is not also a participant in the legacy plan. The legacy plan shall remit such amount to the corporation in addition to its premiums otherwise required under this section. . (b) Conforming amendment Section 4007(b)(4) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1307(b)(4) , and the transition fees required by section 4006(a)(12)

Chris Allen Multiemployer Pension Recapitalization and Reform Act of 2021

Justice for Victims of Sanctuary Cities Act of 2021 This bill provides a private right of action against state and local jurisdictions with certain policies that limit cooperation with federal immigration enforcement efforts, and contains additional provisions related to such jurisdictions. Currently, such cooperation is generally not required. An individual (or certain relatives of such an individual) who is the victim of any felony for which an alien has been arrested, convicted, or sentenced to a prison term of at least one year may sue a state or local jurisdiction if the jurisdiction failed to comply with (1) certain Department of Homeland Security (DHS) requests related to arresting and detaining aliens, and (2) a DHS request to detain the alien in question or provide a notification about the release of the alien. A jurisdiction that accepts certain federal grants may not assert immunity in such a civil action. A jurisdiction (or employee of a jurisdiction) that complies with certain DHS detainer requests shall be deemed to be acting as an agent of DHS. A complying jurisdiction or employee of the jurisdiction shall not be liable in any lawsuit relating to compliance with such requests. In a lawsuit against an employee of the jurisdiction, the United States shall be substituted in as the defendant, and remedies shall be limited to provisions for bringing tort claims against the federal government.

117 S59 IS: Justice for Victims of Sanctuary Cities Act of 2021 U.S. Senate 2021-01-27 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. 59 IN THE SENATE OF THE UNITED STATES January 27, 2021 Mr. Tillis Mr. Grassley Ms. Ernst Mr. Cruz Mr. Inhofe Mrs. Hyde-Smith Mr. Rounds Mrs. Capito Mr. Rubio Mr. Lee Mr. Daines Mr. Hawley Mr. Braun Committee on the Judiciary A BILL To provide a civil remedy for individuals harmed by sanctuary jurisdiction policies, and for other purposes. 1. Short title This Act may be cited as the Justice for Victims of Sanctuary Cities Act of 2021 2. Definitions In this Act: (1) Sanctuary jurisdiction (A) In general Except as provided in subparagraph (B), the term sanctuary jurisdiction (i) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status of any alien; or (ii) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (B) Exception A State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on having a policy whereby its officials will not share information regarding, or comply with a request made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (2) Sanctuary policy The term sanctuary policy (3) Sanctuary-related civil action The term sanctuary-related civil action (A) is injured or harmed by an alien who benefitted from a sanctuary policy of the sanctuary jurisdiction; and (B) would not have been so injured or harmed but for the alien receiving the benefit of such sanctuary policy. 3. Civil action for harm by an alien that benefitted from a sanctuary policy (a) Private right of action (1) Cause of action Any individual, or a spouse, parent, or child of such individual (if the individual is deceased or permanently incapacitated), who is the victim of a murder, rape, or any felony (as defined by the State) for which an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(3) (A) a request with respect to an alien that was lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (B) a detainer for, or notify about the release of, the alien. (2) Statute of limitations An action brought under this subsection may not be brought later than 10 years after the occurrence of the crime, or death of a person as a result of such crime, whichever occurs later. (3) Attorney’s fee and other costs In any action or proceeding under this subsection the court shall allow a prevailing plaintiff a reasonable attorney’s fee as part of the costs, and include expert fees as part of the attorney’s fee. (b) Waiver of immunity (1) In general Any State or political subdivision of a State that accepts a grant described in paragraph (2) from the Federal Government shall agree, as a condition of receiving such grant, to waive any immunity of such State or political subdivision relating to a sanctuary-related civil action. (2) Grants described The grants described in this paragraph are— (A) a grant for public works and economic development under section 201(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141(a) (B) a grant for planning and administrative expenses under section 203(a) of such Act ( 42 U.S.C. 3143(a) (C) a supplemental grant under section 205(b) of such Act ( 42 U.S.C. 3145(b) (D) a grant for training, research, and technical assistance under section 207(a) of such Act ( 42 U.S.C. 3147(a) (E) except as provided in paragraph (3), a community development block grant made pursuant to title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 (3) Exception Grants described in paragraph (2)(E) shall not include any disaster relief grants to address the damage in an area for which the President has declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 4. Ensuring cooperation between Federal and local law enforcement officers to safeguard our communities (a) Authority To cooperate with Federal officials A State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision that complies with a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (1) shall be deemed to be acting as an agent of the Department of Homeland Security; and (2) shall comply with section 287(d) of the Immigration and Nationality Act ( 8 U.S.C. 1357(d) (b) Legal proceedings In any legal proceeding brought against a State, a political subdivision of State, or an officer, employee, or agent of such State or political subdivision challenging the legality of the seizure or detention of an individual pursuant to a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (1) the State or political subdivision of a State shall not be liable for any action taken in accordance with the detainer; and (2) if the actions of the officer, employee, or agent of the State or political subdivision were taken in accordance with the detainer— (A) the officer, employee, or agent shall be deemed— (i) to be an employee of the Federal Government and an investigative or law enforcement officer; and (ii) to have been acting within the scope of his or her employment under section 1346(b) of title 28, United States Code, and chapter 171 of such title; (B) section 1346(b) of title 28, United States Code, shall provide the exclusive remedy for the plaintiff; and (C) the United States shall be substituted as defendant in the proceeding. (c) Rule of construction Nothing in this section may be construed to provide immunity to any person who knowingly violates the civil or constitutional rights of an individual.

Justice for Victims of Sanctuary Cities Act of 2021

Background Check Completion Act of 2021 This bill prohibits a licensed gun dealer from transferring a firearm to an unlicensed person prior to the completion of a background check. Current law permits a licensed gun dealer to transfer a firearm to an unlicensed person if a submitted background check remains incomplete after three business days.

117 S591 IS: Background Check Completion Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 591 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Blumenthal Mr. Murphy Mr. Durbin Mr. Van Hollen Mrs. Feinstein Ms. Warren Mr. Markey Mr. Wyden Mr. Casey Mr. Reed Mr. Whitehouse Ms. Baldwin Ms. Duckworth Ms. Klobuchar Ms. Hirono Mr. Brown Mr. Coons Mr. Menendez Mr. Cardin Mr. Kaine Mr. Leahy Mr. Booker Mrs. Gillibrand Ms. Smith Mr. Heinrich Mr. Sanders Committee on the Judiciary A BILL To prohibit firearms dealers from selling a firearm prior to the completion of a background check. 1. Short title This Act may be cited as the Background Check Completion Act of 2021 2. Completion of background checks Section 922(t)(1)(B) of title 18, United States Code, is amended— (1) by striking (i) (2) by striking ; or ; and (3) by striking clause (ii).

Background Check Completion Act of 2021

Broadband Reserve Fund Act of 2021 This bill establishes the Broadband Reserve Fund into which the proceeds from certain spectrum auctions must be deposited. The Federal Communications Commission and the National Telecommunications and Information Administration may use the amounts in the fund if Congress specifically authorizes the spending. The bill also expresses the sense of Congress regarding the purposes for which amounts in the fund should be used, including (1) broadband deployment to unserved areas, (2) distance and remote learning, (3) securing the telecommunications supply chain, and (4) telehealth technologies.

117 S592 IS: Broadband Reserve Fund Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 592 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Wicker Mrs. Blackburn Committee on Commerce, Science, and Transportation A BILL To establish a reserve fund for the proceeds of the C-band auction conducted by the Federal Communications Commission. 1. Short title This Act may be cited as the Broadband Reserve Fund Act of 2021 2. Broadband and connectivity reserve fund (a) Definitions In this section— (1) the term Assistant Secretary (2) the term Commission (b) Establishment of reserve fund (1) In general There is established in the Treasury of the United States a fund to be known as the Broadband Reserve Fund Fund (2) Availability (A) In general Amounts deposited in the Fund shall remain available through fiscal year 2030. (B) Use for deficit reduction Any amounts remaining in the Fund after the end of fiscal year 2030 shall be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. (c) Use of fund (1) In general Subject to paragraph (2)— (A) amounts in the Fund shall be available for use by the Commission; and (B) the Commission— (i) shall reserve not less than 20 percent of the amounts in the Fund for use by the Assistant Secretary; and (ii) shall transfer the amounts reserved under clause (i) to the Assistant Secretary upon request. (2) Limitation The Commission and the Assistant Secretary may not access or use amounts in the Fund for any purpose unless specifically authorized by an Act of Congress enacted after the date of enactment of this Act. (3) Sense of Congress regarding permissible uses of Fund It is the sense of Congress that Congress should enact further legislation specifying the purposes for which amounts in the Fund may be used, which may include— (A) broadband deployment to unserved areas; (B) distance and remote learning; (C) digital equity and expanding broadband access in minority communities and on Tribal land; (D) securing the telecommunications supply chain; (E) promoting spectrum efficiency; (F) investment in public safety communications infrastructure; (G) precision agriculture technologies; and (H) telehealth technologies. (d) Investment Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be credited to, and become a part of, the Fund. (e) Deposit of C-Band spectrum auction proceeds in Fund Section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) (1) in subparagraph (A), by striking and (G) (G), and (H) (2) in subparagraph (C)(i), by striking and (G) (G), and (H) (3) by adding at the end the following: (H) C-band auction proceeds Notwithstanding subparagraph (A), and except as provided in subparagraph (B), of the proceeds (including deposits and upfront payments from successful bidders) from the use of a system of competitive bidding under this subsection to award licenses in the band of frequencies between 3700 megahertz and 3980 megahertz (designated by the Commission as Auction 107 Broadband Reserve Fund Act of 2021 .

Broadband Reserve Fund Act of 2021

Alaska Tourism Restoration Act This bill temporarily allows specific foreign-owned and foreign-flagged cruise ships to transport passengers directly between ports in the states of Washington and Alaska without stopping in Canada. Under current law, these ships cannot transport passengers from one U.S. port to another without stopping in a foreign country. The bill deems a round trip voyage between ports in the states of Washington and Alaska as a foreign voyage if (1) during the voyage, the operators of such voyage send U.S. Customs and Border Protection and the Canada Border Services Agency an email containing the names of each alien crew member with a valid nonimmigrant work visa; and (2) the voyage begins not later than February 28, 2022. The operators of these voyages must also retain a COVID-19 Conditional Sailing Certificate from the Centers for Disease Control and Prevention (CDC). Authority to conduct these voyages shall terminate on March 31, 2022, or when Canada lifts its COVID-related restrictions, whichever occurs first. Voyages may not occur during any period for which the CDC has issued an order to suspend cruise ship operations. The bill also directs the Department of Transportation to require, through regulations, the installation of automated external defibrillators on passenger vessels (including cruise ships).

117 S593 ES: Alaska Tourism Restoration Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS 1st Session S. 593 IN THE SENATE OF THE UNITED STATES AN ACT To restrict the imposition by the Secretary of Homeland Security of fines, penalties, duties, or tariffs applicable only to coastwise voyages, or prohibit otherwise qualified non-United States citizens from serving as crew, on specified vessels transporting passengers between the State of Washington and the State of Alaska, to address a Canadian cruise ship ban and the extraordinary impacts of the COVID–19 pandemic on Alaskan communities, and for other purposes. 1. Short title This Act may be cited as the Alaska Tourism Restoration Act 2. Voyage deemed to be foreign (a) Definition of covered cruise ship (1) In general In this section, the term covered cruise ship (A) has been issued, operates in accordance with, and retains a COVID–19 Conditional Sailing Certificate of the Centers for Disease Control and Prevention; and (B) operates in accordance with any restrictions or guidance of the Centers for Disease Control and Prevention associated with such Certificate, including any such restrictions or guidance issued after the date of enactment of this Act. (2) List The vessels listed under this paragraph are the following: (A) Carnival Freedom (IMO number 9333149). (B) Carnival Miracle (IMO number 9237357). (C) Crystal Serenity (IMO number 9243667). (D) Discovery Princess (IMO number 9837468). (E) Emerald Princess (IMO number 9333151). (F) Eurodam (IMO number 9378448). (G) Golden Horizon (IMO number 9793545). (H) Grand Princess (IMO number 9104005). (I) Hanseatic Inspiration (IMO number 9817145). (J) Koningsdam (IMO number 9692557). (K) NG Quest (IMO number 9798985). (L) NG Sea Bird (IMO number 8966444). (M) NG Sea Lion (IMO number 8966456). (N) NG Venture (IMO number 9799044). (O) Nieuw Amsterdam (IMO number 9378450). (P) Noordam (IMO number 9230115). (Q) Zuiderdam (IMO number 9221279). (R) Majestic Princess (IMO number 9614141). (S) Ovation of the Seas (IMO number 9697753). (T) Radiance of the Seas (IMO number 9195195). (U) Serenade of the Seas (IMO number 9228344). (V) Eclipse (IMO number 9404314). (W) Millennium (IMO number 9189419). (X) Solstice (IMO number 9362530). (Y) Norwegian Bliss (IMO number 9751509). (Z) Norwegian Encore (IMO number 9751511). (AA) Norwegian Jewel (IMO number 9304045). (BB) Norwegian Spirit (IMO number 9141065). (CC) Norwegian Sun (IMO number 9218131). (DD) Ocean Victory (IMO number 9868869). (EE) Pacific Princess (IMO number 9187887). (FF) Pacific World (IMO number 9000259). (GG) Quantum of the Seas (IMO number 9549463). (HH) Queen Elizabeth (IMO number 9477438). (II) Disney Wonder (IMO number 9126819). (JJ) Regatta (IMO number 9156474). (KK) Roald Amundsen (IMO number 9813072). (LL) Ruby Princess (IMO number 9378462). (MM) Sapphire Princess (IMO number 9228186). (NN) Scenic Eclipse (IMO number 9797371). (OO) Seabourn Odyssey (IMO number 9417086). (PP) Seabourn Venture 2 (IMO 9862023). (QQ) Seven Seas Mariner (IMO number 9210139). (RR) Silver Shadow (IMO number 9192167). (SS) Silver Wind (IMO number 8903935). (TT) Star Breeze (IMO number 8807997). (UU) Sylvia Earle (IMO number 9872327). (VV) Westerdam (IMO number 9226891). (WW) L’Austral (IMO number 9502518). (XX) Silver Muse (IMO number 9784350). (YY) Viking Orion (IMO number 9796250). (b) Criteria A roundtrip voyage of a covered cruise ship transporting passengers between a port or place in the State of Alaska and a port or place in the State of Washington shall be deemed to have made a stop in a port or place of Canada, and deemed a foreign voyage, for purposes of the law of the United States, if— (1) during the voyage, the covered cruise ship sends an email containing the information described in subsection (c) to— (A) the Canada Border Services Agency; (B) the Commissioner of Customs and Border Protection; and (C) each alien crewman on such voyage who is in possession of a valid, unexpired nonimmigrant visa issued pursuant to subparagraph (C) or (D) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) (2) the voyage begins not later than February 28, 2022. (c) Email An email described in subsection (b)(1) shall contain the names of each alien crewman described in subparagraph (C) of such subsection. (d) Employment of alien crewmen On the date on which a covered cruise ship sends an email to the Canada Border Services Agency in accordance with subsection (b)(1), each alien crewman described in subparagraph (C) of such subsection shall be deemed to have departed the United States, entered Canada, and been readmitted to the United States for purposes of complying with, during the applicable voyage described in subsection (b), the 29-day authorized stay pursuant to their nonimmigrant visas issued pursuant to subparagraph (C) or (D) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (e) Exception Notwithstanding subsection (b), a voyage described in such subsection shall not be deemed a foreign voyage for purposes of section 446 of the Tariff Act of 1930 ( 19 U.S.C. 1446 (f) Applicability This section shall not apply to a roundtrip voyage during any period for which the Director of the Centers for Disease Control and Prevention has issued an order under section 361 or 365 of the Public Health Service Act ( 42 U.S.C. 264 (g) Duration The authority provided under this section shall terminate on the earlier of— (1) the date on which covered cruise ships are no longer prohibited by the Government of Canada, any political subdivision of Canada, or any port or province of Canada, from entering, berthing, or docking in Canadian waters of the Pacific Coast due to the COVID–19 pandemic; or (2) March 31, 2022. 3. Medical and safety standards (a) In general Chapter 35 3510. Additional medical and safety standards (a) Automated external defibrillators Not later than 1 year after the date of enactment of this section, the Secretary, in consultation with the Secretary of Health and Human Services and other appropriate Federal agencies, shall promulgate regulations to— (1) require that the owner of a vessel to which section 3507 applies install, and maintain in working order, automated external defibrillators on such vessel; (2) require that such defibrillators be placed throughout such vessel in clearly designated locations; (3) require that such defibrillators are available for passenger and crew access in the event of an emergency; and (4) require that automated external defibrillators, or adjacent equipment, allow passengers and crew to easily contact medical staff of the vessel. (b) Definition of owner In this section, the term owner . (b) Clerical amendment The analysis for chapter 35 Sec. 3510. Additional medical and safety standards. . Passed the Senate May 13, 2021. Secretary

Alaska Tourism Restoration Act

Anti-Spoofing Penalties Modernization Act of 2021 This bill doubles the penalties for providing misleading or inaccurate caller identification information with intent to defraud, cause harm, or wrongfully obtain anything of value.

117 S594 IS: Anti-Spoofing Penalties Modernization Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 594 IN THE SENATE OF THE UNITED STATES March 4, 2021 Ms. Collins Ms. Sinema Mr. Hawley Mr. Peters Committee on Commerce, Science, and Transportation A BILL To double the existing penalties for the provision of misleading or inaccurate caller identification information. 1. Short title This Act may be cited as the Anti-Spoofing Penalties Modernization Act of 2021 2. Increasing penalties for spoofers Section 227(e)(5) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(5) (1) in subparagraph (A)(i)— (A) by striking $10,000 $20,000 (B) by striking $1,000,000 $2,000,000 (2) in subparagraph (B), by striking $10,000 $20,000

Anti-Spoofing Penalties Modernization Act of 2021

Nuclear SLCM Ban Act of 2021 This bill prohibits the obligation or expenditure of Department of Defense or Department of Energy funds for FY2022, or any year thereafter, for the research and development, production, or deployment of the nuclear-armed sea-launched cruise missile and its associated nuclear warhead.

117 S595 IS: Nuclear SLCM Ban Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 595 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Van Hollen Ms. Warren Mr. Merkley Mr. Cardin Mr. Schatz Ms. Baldwin Ms. Smith Mr. Markey Mrs. Gillibrand Committee on Foreign Relations A BILL To prohibit the use of funds for the research and development, production, or deployment of the nuclear-armed sea-launched cruise missile and its associated nuclear warhead. 1. Short title This Act may be cited as the Nuclear SLCM Ban Act of 2021 2. Findings Congress makes the following findings: (1) The United States nuclear arsenal comprises approximately 3,800 nuclear warheads in the active stockpile and a force structure of long-range and short-range delivery systems, including— (A) land-based intercontinental ballistic missiles; (B) submarine-launched ballistic missiles that can deliver both low-yield and higher-yield nuclear warheads; (C) long-range strategic bomber aircraft capable of carrying nuclear-armed air-launched cruise missile and nuclear gravity bombs; and (D) short-range fighter aircraft that can deliver nuclear gravity bombs. (2) In 2010, the United States retired the nuclear-armed sea-launched cruise missile, or the TLAM–N, after concluding in the 2010 Nuclear Posture Review that the capability serve[d] a redundant purpose in the U.S. nuclear stockpile (3) Ten years later, in 2020, the United States initiated studies into a new nuclear-armed sea-launched cruise missile and associated warhead, after concluding in the 2018 Nuclear Posture Review that the weapon system would provide a non-strategic regional presence an assured response capability (4) The United States possesses an array of nuclear weapons systems, including both air- and sea-based capabilities, that provide an effective regional deterrent presence, making the nuclear-armed sea-launched cruise missile a redundant, unnecessary capability. (5) Deploying nuclear-armed sea-launched cruise missiles on attack submarines or surface ships risks detracting from the core military missions of such submarines and ships, such as tracking enemy submarines, protecting United States carrier groups, and conducting conventional strikes on priority land targets. (6) Stationing nuclear-armed sea-launched cruise missiles on such submarines or ships also risks complicating port visits and joint operations with some allies and partners of the United States, which in turn would reduce the operational effectiveness of such submarines and ships and the deterrent value of deployed nuclear-armed sea-launched cruise missiles. (7) A January 2019 analysis of the Congressional Budget Office estimated that the projected costs of the nuclear-armed sea-launched cruise missile program from 2019 to 2028 would total $9,000,000,000, adding additional costs and resource requirements to the United States nuclear modernization program and increasing pressure on the Navy budget as the Navy plans for increases in shipbuilding while funding the Columbia-class submarine program. (8) The cost of the nuclear-armed sea-launched cruise missile program will be larger, as the estimate of the Congressional Budget Office did not account for costs related to integrating nuclear-armed sea-launched cruise missiles on attack submarines or surface ships, nuclear weapons-specific training for Navy personnel, or storage and security for nuclear warheads. 3. Prohibition on use of funds for research and development, production, or deployment of nuclear-armed sea-launched cruise missile and associated warhead None of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the research and development, production, or deployment of the nuclear-armed sea-launched cruise missile and its associated nuclear warhead.

Nuclear SLCM Ban Act of 2021

Treat and Reduce Obesity Act of 2021 This bill expands Medicare coverage of intensive behavioral therapy for obesity. Specifically, the bill allows coverage for therapy that is provided by (1) a physician who is not a primary care physician; or (2) other health care providers (e.g., physician assistants and nurse practitioners) and approved counseling programs, if provided upon a referral from, and in coordination with, a physician or primary care practitioner. Currently, such therapy is covered only if provided by a primary care practitioner. The bill also allows coverage under Medicare's prescription drug benefit of drugs used for the treatment of obesity or for weight loss management for individuals who are overweight.

117 S596 IS: Treat and Reduce Obesity Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 596 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Carper Mr. Cassidy Mrs. Capito Mr. Coons Mrs. Blackburn Ms. Klobuchar Mrs. Hyde-Smith Mrs. Shaheen Ms. Sinema Ms. Ernst Ms. Murkowski Mr. Cramer Mr. Tillis Mr. Heinrich Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for the coordination of programs to prevent and treat obesity, and for other purposes. 1. Short title This Act may be cited as the Treat and Reduce Obesity Act of 2021 2. Findings Congress makes the following findings: (1) According to the Centers for Disease Control and Prevention, about 41 percent of adults aged 60 and over had obesity in the period of 2015 through 2016, representing more than 27 million people. (2) The National Institutes of Health has reported that obesity and overweight are now the second leading cause of death nationally, with an estimated 300,000 deaths a year attributed to the epidemic. (3) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, certain cancers, arthritis, mental illness, lipid disorders, sleep apnea, and type 2 diabetes. (4) More than half of Medicare beneficiaries are treated for 5 or more chronic conditions per year. The rate of obesity among Medicare beneficiaries doubled from 1987 to 2002 and nearly doubled again by 2016, with Medicare spending on individuals with obesity during that time rising proportionately to reach $50 billion in 2014. (5) Men and women with obesity at age 65 have decreased life expectancy of 1.6 years for men and 1.4 years for women. (6) The direct and indirect cost of obesity was more than $427.8 billion in 2014 and is growing. (7) On average, a Medicare beneficiary with obesity costs $2,018 (in 2019 dollars) more than a healthy-weight beneficiary. (8) The prevalence of obesity among older individuals in the United States is growing at a linear rate and, if nothing changes, nearly one in two (47 percent) Medicare beneficiaries aged 65 and over will have obesity in 2030, up from slightly more than one in four (28 percent) in 2010. 3. Authority to expand health care providers qualified to furnish intensive behavioral therapy Section 1861(ddd) of the Social Security Act ( 42 U.S.C. 1395x(ddd) (4) (A) Subject to subparagraph (B), the Secretary may, in addition to qualified primary care physicians and other primary care practitioners, cover intensive behavioral therapy for obesity furnished by any of the following: (i) A physician (as defined in subsection (r)(1)) who is not a qualified primary care physician. (ii) Any other appropriate health care provider (including a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a clinical psychologist, a registered dietitian or nutrition professional (as defined in subsection (vv))). (iii) An evidence-based, community-based lifestyle counseling program approved by the Secretary. (B) In the case of intensive behavioral therapy for obesity furnished by a provider described in clause (ii) or (iii) of subparagraph (A), the Secretary may only cover such therapy if such therapy is furnished— (i) upon referral from, and in coordination with, a physician or primary care practitioner operating in a primary care setting or any other setting specified by the Secretary; and (ii) in an office setting, a hospital outpatient department, a community-based site that complies with the Federal regulations concerning the privacy of individually identifiable health information promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, or another setting specified by the Secretary. (C) In order to ensure a collaborative effort, the coordination described in subparagraph (B)(i) shall include the health care provider or lifestyle counseling program communicating to the referring physician or primary care practitioner any recommendations or treatment plans made regarding the therapy. . 4. Medicare part D coverage of obesity medication (a) In general Section 1860D–2(e)(2)(A) of the Social Security Act ( 42 U.S.C. 1395w–102(e)(2)(A) (1) by striking and other than other than (2) by inserting after benzodiazepines), and other than subparagraph (A) of such section if the drug is used for the treatment of obesity (as defined in section 1861(yy)(2)(C)) or for weight loss management for an individual who is overweight (as defined in section 1861(yy)(2)(F)(i)) and has one or more related comorbidities, (b) Effective date The amendments made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of the enactment of this Act. 5. Report to Congress Not later than the date that is 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress describing the steps the Secretary has taken to implement the provisions of, and amendments made by, this Act. Such report shall also include recommendations for better coordination and leveraging of programs within the Department of Health and Human Services and other Federal agencies that relate in any way to supporting appropriate research and clinical care (such as any interactions between physicians and other health care providers and their patients) to treat, reduce, and prevent obesity in the adult population.

Treat and Reduce Obesity Act of 2021

Department of State Student Internship Program Act This bill requires the Department of State to establish the Department of State Student Internship Program to offer paid internship opportunities at the State Department to raise awareness of the role of diplomacy in the conduct of U.S. foreign policy. Participants must be enrolled at an institution of higher education (IHE) and able to receive and hold an appropriate security clearance. The State Department must pay participating interns a specified amount, as well as provide housing and travel assistance. The State Department may also enter agreements with IHEs to ensure these internships satisfy criteria for the academic programs in which participants are enrolled. Additionally, the State Department must transition all of its unpaid internship programs to internship programs that offer compensation.

117 S599 IS: Department of State Student Internship Program Act U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 599 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Booker Mr. Scott of South Carolina Committee on Foreign Relations A BILL To establish the Department of State Student Internship Program as a paid internship program to provide students with the opportunity to learn about a career in diplomacy and foreign affairs, and for other purposes. 1. Short title This Act may be cited as the Department of State Student Internship Program Act 2. Department of state student internship program (a) In general The Secretary of State shall establish the Department of State Student Internship Program (in this section referred to as the Program (b) Eligibility To be eligible to participate in the Program, an applicant shall— (1) be enrolled, not less than half-time, at— (A) an institution of higher education (as such term is defined section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (B) an institution of higher education based outside the United States, as determined by the Secretary of State; (2) be able to receive and hold an appropriate security clearance; and (3) satisfy such other criteria as established by the Secretary. (c) Selection The Secretary of State shall establish selection criteria for students to be admitted into the Program that includes the following: (1) Demonstrable interest in a career in foreign affairs. (2) Academic performance. (3) Such other criteria as determined by the Secretary. (d) Outreach The Secretary of State shall advertise the Program widely, including on the internet, through the Department of State’s Diplomats in Residence program, and through other outreach and recruiting initiatives targeting undergraduate and graduate students. The Secretary shall actively recruit people belonging to traditionally under represented groups, including by conducting targeted outreach at minority serving institutions (as such term is described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (e) Diversity The term diversity 42 U.S.C. 2000a 42 U.S.C. 12101 (f) Compensation (1) In general Students participating in the Program shall be paid at least— (A) the amount specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) (B) the minimum wage of the jurisdiction in which the internship is located, whichever is greatest. (2) Housing assistance (A) Abroad The Secretary of State shall provide housing to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is outside the United States. (B) Domestic The Secretary of State is authorized to provide housing to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is more than 50 miles away from such student’s permanent address. (3) Travel assistance The Secretary of State shall provide a student participating in the Program whose permanent address is within the United States financial assistance to cover the costs of travel once to and once from the location of the internship in which such student is participating, including travel by air, train, bus, or other transit as appropriate, if the location of such internship is— (A) more than 50 miles from such student’s permanent address; or (B) outside the United States. (g) Working with institutions of higher education The Secretary of State is authorized to enter into agreements with institutions of higher education to structure internships to ensure such internships satisfy criteria for academic programs in which participants in such internships are enrolled. (h) Transition period (1) In general Not later than three years after the date of the enactment of this Act, the Secretary of State shall transition all unpaid internship programs of the Department of State, to the maximum extent practicable and excluding internships not administered by the Department, to internship programs that offer compensation, such as the Program and the Foreign Service Internship Program. (2) Waiver authority The Secretary of State may waive the transition requirement under paragraph (1) for a period of not more than one year if the Secretary of State— (A) determines that such a waiver is necessary; and (B) submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report providing a justification for such a waiver. (i) Reports Not later than 18 months after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the following: (1) Information regarding the number of students, disaggregated by race, ethnicity, gender, institution of higher learning, home State, State where each student graduated from high school, and disability status, who applied to the Program, were offered a position, and participated. (2) Information on the number of security clearance investigations started and the timeline for such investigations, including whether such investigations were completed or if, and when, an interim security clearance was granted. (3) Information on expenditures on the Program. (4) Information regarding the Department of State’s compliance with subsection (g). (j) Voluntary participation (1) In general Nothing in this section may be construed to compel any student to participate in the collection of data or divulge any personal information described in subsection (h). Students shall be informed that their participation in the data collection contemplated by this title is voluntary. (2) Privacy protection Any data collected under this section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.

Department of State Student Internship Program Act

Biosimilar Red Tape Elimination Act This bill removes and otherwise modifies certain requirements related to the approval of biosimilars, such as prohibiting the Food and Drug Administration from requiring studies that assess the risks of switching between the biosimilar and the reference biologic.

117 S6 IS: Biosimilar Red Tape Elimination Act U.S. Senate 2022-11-17 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. 6 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Lee Committee on Health, Education, Labor, and Pensions A BILL To improve the requirements for making a determination of interchangeability of a biological product and its reference product. 1. Short title This Act may be cited as the Biosimilar Red Tape Elimination Act 2. Biosimilar biological products Section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) (1) in paragraph (2)(A)(i)(I)(bb), by striking ; and ; or (2) in paragraph (4)— (A) at the end of subparagraph (A)(ii), by striking ; and (B) by striking sufficient to show (A) the biological product— sufficient to show that the biological product— (C) by striking Upon review of an (A) In general Upon review of an ; and (D) by amending subparagraph (B) to read as follows: (B) Certain studies not required The Secretary may not require, for a determination of interchangeability described in subparagraph (A), that a biological product undergo studies that assess the risks of alternating or switching between use of the biological product and the reference product. .

Biosimilar Red Tape Elimination Act

Immigration Detainer Enforcement Act of 2021 This bill expands statutory provisions to authorize the Department of Homeland Security (DHS) to request a law enforcement agency to detain an individual who has been arrested for violating any law (if the individual is believed to be an unlawfully present alien), where current provisions only explicitly authorize detainer requests for individuals arrested for violating controlled substances laws. The bill also modifies other related provisions. A law enforcement agency that has received a detainer request may hold the targeted individual for up to 48 hours. DHS may enter into agreements with law enforcement agencies to indemnify such agencies against claims for wrongful detention resulting from a detainer request. No provision of federal, state, or local law may restrict any government entity from (1) providing DHS with access to databases with information relating to issued detainers, or (2) holding an individual subject to a detainer. DHS shall periodically certify to Congress as to which state or local entities have not complied with a detainer request. Such entities shall be ineligible for compensation for costs related to honoring detainer requests. State and local entities that comply with DHS detainer requests shall have prioritized access to (1) certain law enforcement-related grants, and (2) certain excess federal property.

117 S60 IS: Immigration Detainer Enforcement Act of 2021 U.S. Senate 2021-01-27 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. 60 IN THE SENATE OF THE UNITED STATES January 27, 2021 Mr. Tillis Mr. Grassley Ms. Ernst Mr. Inhofe Mr. Rounds Mr. Moran Mr. Hawley Mr. Daines Committee on the Judiciary A BILL To provide for the effective use of immigration detainers to enhance public safety. 1. Short title; table of contents (a) Short title This Act may be cited as the Immigration Detainer Enforcement Act of 2021 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Purpose. Sec. 4. Immigration detainer authorities of the Department of Homeland Security. Sec. 5. Effective coordination with State, tribal, and local law enforcement agencies. Sec. 6. Compensating States for detaining criminal aliens. Sec. 7. Priority for distributing Federal funding and property to State and local law enforcement. 2. Sense of Congress It is the sense of Congress that— (1) the removal of criminal aliens promotes public safety, national security, border security, and the integrity of the immigration system; (2) detainers have proven to be a useful law enforcement tool that serve to expedite and improve the efficiency of the removal process by enabling the Department of Homeland Security to assume custody in a timely manner of aliens in the custody of Federal, State, tribal, or local law enforcement agencies; and (3) several States and localities have limited their cooperation with immigration detainers issued by the Department of Homeland Security and limited the Department of Homeland Security’s access to information regarding the release of criminal aliens in their custody, which has resulted in the release of dangerous criminal aliens into local communities. 3. Purpose The purposes of this Act are— (1) to limit recidivist criminal activity through the removal of criminal aliens released from Federal, State, tribal, or local custody; (2) to facilitate cooperation between Federal, State, tribal, and local law enforcement agencies with regard to immigration enforcement and information sharing; and (3) to limit the burden on Federal, State, tribal, and local law enforcement agencies that cooperate with the Department of Homeland Security in its prioritized immigration enforcement. 4. Immigration detainer authorities of the Department of Homeland Security Section 287 of the Immigration and Nationality Act ( 8 U.S.C. 1357 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking the Service authorized under regulations prescribed by the Attorney General the Department of Homeland Security authorized under regulations prescribed by the Secretary of Homeland Security (B) by inserting or her his (C) in paragraph (2), by striking and is likely to escape before a warrant can be obtained for his arrest (D) in the undesignated matter following paragraph (5)— (i) by striking Attorney General Secretary of Homeland Security (ii) by striking Service Department of Homeland Security (2) by amending subsection (d) to read as follows: (d) Detainer of criminal aliens (1) In general If an individual is arrested by a Federal, State, tribal, or local law enforcement official for a violation of any criminal law, the Secretary of Homeland Security (or his or her designee) may issue a detainer to the arresting agency if there is reason to believe the individual is an alien who may be removable from the United States. Notwithstanding any other provision of law, no court shall have jurisdiction to review the discretionary decision or action by the Secretary of Homeland Security (or his or her designee) to issue a detainer under this paragraph. (2) Transfer of custody Upon the issuance of a detainer by the Secretary of Homeland Security (or his or her designee) with respect to an alien described in paragraph (1), the arresting Federal, State, tribal, or local law enforcement agency is authorized to maintain custody of the alien for a period not to exceed 48 hours in order to transfer custody of the alien to the Department of Homeland Security. (3) Indemnification (A) In general Under such regulations as the Secretary of Homeland Security shall prescribe, the Secretary (or his or her designee) may enter into agreements with State, tribal, and local law enforcement agencies to indemnify such agencies against claims (including reasonable expenses of litigation or settlement) by third parties for wrongful detention resulting from detainers issued without reason to believe that the individual is an alien who may be removable from the United States. (B) Limitation Indemnification under subparagraph (A) does not extend to claims relating to the negligence or willful misconduct of a Federal, State, tribal, or local law enforcement agency or the conditions of detention in the facility used by such agency to detain the individual subject to the detainer. (C) Additional conditions Each indemnification agreement entered into pursuant to subparagraph (A) shall— (i) require the State, tribal, or local law enforcement agency to notify the United States Government of any suit or claim against such agency for wrongful detention; (ii) authorize the United States Government, at its elections, to control or assist in the defense of such suit or claim; and (iii) limit the amount of indemnification to a sum certified by the Secretary (or his or her designee) that is just and reasonable. . 5. Effective coordination with State, tribal, and local law enforcement agencies (a) In general Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 642. Communication and cooperation between government agencies and the Department of Homeland Security (a) In general Notwithstanding any other provision of Federal, State, tribal, or local law, a Federal, State, tribal, or local government entity or official may not prohibit, or restrict in any way, any government entity or official from sending to, or receiving from, the Department of Homeland Security information regarding the citizenship or immigration status (lawful or unlawful) of any individual. (b) Additional authority of government entities Notwithstanding any other provision of Federal, State, tribal, or local law, no person or agency may prohibit, or restrict in any way, a Federal, State, tribal, or local government entity from— (1) sending information regarding the citizenship or immigration status (lawful or unlawful) of any individual to, or requesting or receiving such information from, the Department of Homeland Security; (2) exchanging citizenship or immigration status information described in paragraph (1) with any other Federal, State, tribal, or local government entity; (3) providing the Department of Homeland Security with access to information in Federal, State, tribal, or local government databases regarding individuals with respect to whom a detainer has been issued, including when such individuals will be released from criminal custody; or (4) maintaining custody of an individual pursuant to section 287(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1357(d)(2) (c) Obligation To respond to inquiries The Secretary of Homeland Security shall respond to an inquiry by a Federal, State, tribal, or local government agency that seeks to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information. . (b) Clerical amendment The table of contents for the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 8 U.S.C. 1101 Sec. 642. Communication and cooperation between government agencies and the Department of Homeland Security. . 6. Compensating States for detaining criminal aliens Section 241(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) (i) Incarceration or detention (1) Defined term In this subsection, the term undocumented criminal alien (A) has been convicted of a felony or of two or more misdemeanors; and (B) (i) entered the United States without inspection or at any time or place other than as designated by the Secretary of Homeland Security; (ii) was the subject of exclusion, deportation, or removal proceedings at the time the alien was taken into custody by the State or a political subdivision of the State; or (iii) (I) was admitted as a nonimmigrant; and (II) at the time the alien was taken into custody by the State or a political subdivision of the State— (aa) failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or (bb) failed to comply with the conditions of any such status. (2) In general If the governor of a State (or, if appropriate, the chief executive officer of a political subdivision of the State), exercising authority with respect to the incarceration or detention of an undocumented criminal alien, submits a written request to the Attorney General, the Attorney General may— (A) enter into a contractual arrangement providing for compensation to the State or a political subdivision of the State, as may be appropriate, with respect to the incarceration or detention of the undocumented criminal alien; or (B) take the undocumented criminal alien into the custody of the Federal Government and incarcerate or detain the alien. (3) Detention security In carrying out paragraph (2), the Attorney General shall— (A) give priority to the Federal incarceration of undocumented criminal aliens who have committed aggravated felonies; and (B) ensure that undocumented criminal aliens incarcerated or detained in Federal facilities pursuant to this subsection are held in facilities that provide a level of security appropriate to the crimes for which they were charged or convicted. (4) Amount of compensation (A) In general Compensation provided for each day an undocumented criminal alien is detained by a State or a political subdivision of a State pursuant to a contract under paragraph (2)(A) shall be equal to the average daily cost of incarceration or detention of a prisoner in the relevant State, as determined by the Attorney General. (B) Certification requirement (i) In general The Secretary of Homeland Security shall— (I) promulgate regulations establishing detainer compliance criteria; and (II) periodically submit a certification to the Attorney General that identifies which States and political subdivisions of a State have not complied with detainer requests received from the Department of Homeland Security. (ii) Funding limitation Funds may only be provided to States and political subdivisions of States under this subsection that— (I) are not identified in a certification described in clause (i)(II); and (II) are cooperating with the Secretary with respect to each detainer lodged against an individual in the custody of the State or political subdivision of the State in accordance with section 287(d) and the regulations promulgated pursuant to clause (i)(I). (C) Effect of noncompliance Any State or political subdivision of a State that fails to substantially comply with detainers issued by the Department of Homeland Security shall be ineligible for any funding under this subsection during the fiscal year in which such failure occurs. (5) Authorization of appropriations (A) In general There are authorized to be appropriated to carry out this subsection— (i) $750,000,000 for fiscal year 2021; (ii) $850,000,000 for fiscal year 2022; and (iii) $950,000,000 for each of the fiscal years 2023 through 2027. (B) Limitation Amounts appropriated pursuant to subparagraph (A) that are distributed to a State or a political subdivision of a State may only be used for correctional purposes. . 7. Priority for distributing Federal funding and property to State and local law enforcement (a) Annual certification The Secretary of Homeland Security shall annually submit a written certification to the Attorney General that identifies the States and units of local government that are not complying with detainers issued pursuant to section 287(d) of the Immigration and Nationality Act ( 8 U.S.C. 1357(d) (b) Priority for compliant jurisdictions The Attorney General shall give priority to the jurisdictions that are not listed in the certification described in subsection (a) when selecting recipients of— (1) funding from the Edward Byrne Memorial Justice Assistance Grant Program authorized under title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 (2) excess Federal equipment purchased pursuant to section 281 of title 10, United States Code (commonly referred to as the 1122 Program); and (3) excess Federal property transferred pursuant to section 2576a of title 10, United States Code (commonly referred to as the 1033 Program).

Immigration Detainer Enforcement Act of 2021

Drone Integration and Zoning Act This bill requires the Federal Aviation Administration (FAA) to prescribe regulations or standards related to unmanned aircraft systems. Among other requirements, the FAA must designate the area between 200 feet and 400 feet above ground level for use of civil unmanned aircraft systems; authorize, only with a property owner's permission, the operation of a civil unmanned aircraft in the immediate reaches of airspace above private property; preserve state, local, and tribal authority to issue certain reasonable restrictions on the operation of a civil unmanned aircraft system within 200 feet of the ground or a structure; and establish a process for the designation of routes above 200 feet of the ground as authorized commercial routes.

117 S600 IS: Drone Integration and Zoning Act U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 600 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Lee Committee on Commerce, Science, and Transportation A BILL To prescribe zoning authority with respect to commercial unmanned aircraft systems and to preserve State, local, and Tribal authorities and private property with respect to unmanned aircraft systems, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Drone Integration and Zoning Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Federal Aviation Administration updates to navigable airspace. Sec. 4. Preservation of State, local, and Tribal authorities with respect to civil unmanned aircraft systems. Sec. 5. Preservation of local zoning authority for unmanned aircraft take-off and landing zones. Sec. 6. Rights to operate. Sec. 7. Updates to rules regarding the commercial carriage of property. Sec. 8. Designation of certain complex airspace. Sec. 9. Improvements to plan for full operational capability of unmanned aircraft systems traffic management. Sec. 10. Updates to rules regarding small unmanned aircraft safety standards. Sec. 11. Rules of construction. 2. Definitions In this Act: (1) Administrator The term Administrator (2) Civil The term civil (3) Commercial operator The term commercial operator (4) Immediate reaches of airspace The term immediate reaches of airspace (5) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (6) Local government The term local (7) State The term State (8) Tribal government The term Tribal (9) Unmanned aircraft; unmanned aircraft system The terms unmanned aircraft unmanned aircraft system Public Law 112–95 49 U.S.C. 40101 (10) Unmanned aircraft take-off and landing zone The term unmanned aircraft take-off and landing zone 3. Federal Aviation Administration updates to navigable airspace (a) Definition Paragraph (32) of section 40102 of title 49, United States Code, is amended by adding at the end the following new sentence: In applying such term to the regulation of civil unmanned aircraft systems, such term shall not include the area within the immediate reaches of airspace (as defined in section 2 of Drone Integration and Zoning Act (b) Rulemaking (1) In general The Administrator shall conduct a rulemaking proceeding to update the definition of navigable airspace (2) Consultation In conducting the rulemaking proceeding under paragraph (1), the Administrator shall consult with appropriate State, local, or Tribal officials. (c) Designation requirement In conducting the rulemaking proceeding under subsection (b), the Administrator shall designate the area between 200 feet and 400 feet above ground level— (1) for use of civil unmanned aircraft systems under the exclusive authority of the Administrator; and (2) for use by both commercial operators or hobbyists and recreational unmanned aircraft systems, under rules established by the Administrator. (d) Final rule Not later than 1 year after the date of enactment of this Act, the Administrator shall issue a final rule pursuant to the rulemaking conducted under subsection (b). (e) Rules of construction Nothing in this section may be construed to— (1) prohibit the Administrator from promulgating regulations related to the operation of unmanned aircraft systems at more than 400 feet above ground level; or (2) diminish or expand the preemptive effect of the authority of the Federal Aviation Administration with respect to manned aviation. 4. Preservation of State, local, and Tribal authorities with respect to civil unmanned aircraft systems (a) Findings; sense of Congress (1) Findings Congress finds the following: (A) Using its constitutional authority to regulate commerce among the States, Congress granted the Federal Government authority over all of the navigable airspace in the United States in order to foster air commerce. (B) While the regulation of the navigable airspace is within the Federal Government's domain, the Supreme Court recognized in United States v. Causby, 328 U.S. 256 (1946), that the Federal Government’s regulatory authority is limited by the property rights possessed by landowners over the exclusive control of the immediate reaches of their airspace. (C) As a sovereign government, a State possesses police powers, which include the power to protect the property rights of its citizens. (D) The proliferation of low-altitude operations of unmanned aircraft systems has created a conflict between the responsibility of the Federal Government to regulate the navigable airspace and the inherent sovereign police power possessed by the States to protect the property rights of their citizens. (2) Sense of Congress It is the sense of Congress that— (A) in order for landowners to have full enjoyment and use of their land, they must have exclusive control of the immediate reaches of airspace over their property; (B) the States possess sovereign police powers, which include the power to regulate land use, protect property rights, and exercise zoning authority; and (C) the Federal Government lacks the authority to intrude upon a State’s sovereign right to issue reasonable time, manner, and place restrictions on the operation of unmanned aircraft systems operating within the immediate reaches of airspace. (b) Requirements related to regulations and standards (1) In general In prescribing regulations or standards related to civil unmanned aircraft systems, the following shall apply: (A) The Administrator shall not authorize the operation of a civil unmanned aircraft in the immediate reaches of airspace above property without permission of the property owner. (B) Subject to paragraph (2), in the case of a structure that exceeds 200 feet above ground level, the Administrator shall not authorize the operation of a civil unmanned aircraft— (i) within 50 feet of the top of such structure; or (ii) within 200 feet laterally of such structure or inside the property line of such structure’s owner, whichever is closer to such structure. (C) The Administrator shall not authorize the physical contact of a civil unmanned aircraft, including such aircraft’s take-off or landing, with a structure that exceeds 200 feet above ground level without permission of the structure’s owner. (D) The Administrator shall ensure that the authority of a State, local, or Tribal government to issue reasonable restrictions on the time, manner, and place of operation of a civil unmanned aircraft system that is operated below 200 feet above ground level is not preempted. (2) Exception The limitation on the operation of a civil unmanned aircraft under paragraph (1)(B) shall not apply if— (A) the operator of such aircraft has the permission of the structure’s owner; (B) such aircraft is being operated directly within or above an authorized public right of way; or (C) such aircraft is being operated on an authorized commercial route designated under subsection (c). (3) Reasonable restrictions For purposes of paragraph (1)(D), reasonable restrictions on the time, manner, and place of operation of a civil unmanned aircraft system include the following: (A) Specifying limitations on speed of flight over specified areas. (B) Prohibitions or limitations on operations in the vicinity of schools, parks, roadways, bridges, moving locations, or other public or private property. (C) Restrictions on operations at certain times of the day or week or on specific occasions such as parades or sporting events, including sporting events that do not remain in one location. (D) Prohibitions on careless or reckless operations, including operations while the operator is under the influence of alcohol or drugs. (E) Other prohibitions that protect public safety, personal privacy, or property rights, or that manage land use or restrict noise pollution. (c) Designation of authorized commercial routes (1) In general For purposes of subsection (b)(2)(C), not later than 18 months after the date of enactment of this Act, the Administrator shall establish a process for the designation of routes as authorized commercial routes. No area within 200 feet above ground level may be included in a designated authorized commercial route. (2) Application Under the process established under paragraph (1), applicants shall submit an application for such a designation in a form and manner determined appropriate by the Administrator. (3) Timeframe for decision Under the process established under paragraph (1), the Administrator shall approve or disapprove a complete application for designation within 90 days of receiving the application. (4) Consultation In reviewing an application for the designation of an area under this subsection, the Administrator shall consult with and heavily weigh the views of— (A) the applicable State, local, or Tribal government that has jurisdiction over the operation of unmanned aircraft in the area below the area to be designated; (B) owners of structures who would be affected by the designation of a route as an authorized commercial route; and (C) commercial unmanned aircraft operators. (5) Denial of application If the Administrator denies an application for a designation under this subsection, the Administrator shall provide the applicant with— (A) a detailed description of the reasons for the denial; and (B) recommendations for changes that the applicant can make to correct the deficiencies in their application. (6) Approval of application If the Administrator approves an application for a designation under this subsection, the Administrator shall clearly describe the boundaries of the designated authorized commercial route and any applicable limitations for operations on the route. (7) Delegation The Administrator may delegate the authority to designate authorized commercial routes under this subsection to a State, local, or Tribal government that has entered into an agreement with the Administrator under section 8 with respect to an area designated as complex airspace. (d) Rules of construction (1) Nothing in this section may be construed to permit a State, local, or Tribal government to issue restrictions, or a combination of restrictions, that would create a significant safety hazard in the navigable airspace, airport operations, air navigation facilities, air traffic control systems, or other components of the national airspace system that facilitate the safe and efficient operation of civil, commercial, or military aircraft within the United States. (2) Nothing in this section may be construed to prohibit a property owner or the owner of a structure with a height that exceeds 200 feet above ground level from pursuing any available cause of action under State law related to unmanned aircraft operations above 200 feet above ground level. 5. Preservation of local zoning authority for unmanned aircraft take-off and landing zones (a) General authority Subject to the succeeding provisions of this section, nothing in this Act shall limit or affect the authority of a State, local, or Tribal government over decisions regarding the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone. (b) Nondiscrimination The regulation of the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone by any State, local, or Tribal government may not— (1) unreasonably discriminate among commercial operators of unmanned aircraft systems; or (2) prohibit, or have the effect of prohibiting, a commercial operator from operating an unmanned aircraft system. (c) Applications (1) Requirement to act (A) In general A State, local, or Tribal government shall act on any complete application for authorization to designate, place, construct, or modify an unmanned aircraft take-off and landing zone within 60 days of receiving such application. (B) Denial If a State, local, or Tribal government denies an application for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone, the State, local, or Tribal government shall, not later than 30 days after denying the application, submit to the commercial operator a written record that details— (i) the findings and substantial evidence that serves as the basis for denying the application; and (ii) recommendations for how the commercial operator can address the reasons for the application’s denial. (2) Fees Notwithstanding any other provision of law, a State, local, or Tribal government may charge a fee to consider an application for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone, or to use a right-of-way or a facility in a right-of-way owned or managed by the State, local, or Tribal government for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone, if the fee is— (A) competitively neutral, technologically neutral, and nondiscriminatory; and (B) publicly disclosed. (3) Rule of construction Nothing in this subsection may be construed to prevent any State, local, or Tribal government from imposing any additional limitation or requirement relating to consideration by the State, local, or Tribal government of an application for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone. (d) Judicial review Any person adversely affected by any final action or failure to act by a State, local, or Tribal government that is inconsistent with this section may, within 30 days after the action or failure to act, commence an action in any court of competent jurisdiction, which shall hear and decide the action on an expedited basis. (e) Effective date The provisions of this section shall take effect on the day that is 180 days after the final rule under section 3(d) is issued. 6. Rights to operate (a) Prohibition (1) In general Subject to subsection (b), a State, local, or Tribal government may not adopt, maintain, or enforce any law, rule, or standard that unreasonably or substantially impedes— (A) the ascent or descent of an unmanned aircraft system, operated by a commercial operator, to or from the navigable airspace in the furtherance of a commercial activity; or (B) a civil unmanned aircraft from reaching navigable airspace where operations are permitted. (2) Unreasonable or substantial impediment For purposes of paragraph (1), an unreasonable or substantial impediment with respect to civil unmanned aircraft includes— (A) a complete and total ban on overflights of civil unmanned aircraft over the entirety of airspace within a State, local, or Tribal government’s jurisdiction; and (B) a combination of prohibitions or restrictions on overflights within airspace under a State, local, or Tribal government’s jurisdiction such that it is nearly impossible for civil unmanned aircraft to reach the navigable airspace. (b) Rules of construction Nothing in subsection (a) may be construed to prohibit a State, local, or Tribal government from— (1) adopting, maintaining, or enforcing laws, rules, or standards that regulate unmanned aircraft systems below 200 feet above ground level; or (2) prescribing emergency procedures for a civil unmanned aircraft system descending into an area 200 feet above ground level. 7. Updates to rules regarding the commercial carriage of property (a) Improving regulations Section 44808 of title 49, United States Code, is amended— (1) by redesignating subsection (b)(5) as subsection (c), and indenting appropriately; (2) by redesignating subparagraphs (A), (B), and (C) of subsection (c), as redesignated by paragraph (1), as paragraphs (1), (2), and (3), respectively, and indenting appropriately; (3) by redesignating subsection (b)(6) as subsection (d), and indenting appropriately; and (4) in subsection (b), as previously amended, by adding at the end the following new paragraphs: (5) Ensure that the provision of section 41713 shall not apply to the carriage of property by operators of small unmanned aircraft systems. (6) Ensure that an operator of a small unmanned aircraft system is not required to comply with any rules approved under this section if the operator is operating solely under a State authorization for the intrastate carriage of property for compensation or hire. (7) Ensure that the costs necessary to receive such an authorization are minimal so as to protect competition between market participants. (8) A streamlined application process that only contains requirements minimally necessary for safe operation and substantially outweigh the compliance costs for an applicant. . (b) Clarification regarding preemption Section 41713(b) of title 49, United States Code, is amended by adding at the end the following new paragraph: (5) Not applicable to the operation of a civil unmanned aircraft system Paragraphs (1) and (4) shall not apply to the operation of a civil unmanned aircraft system. . (c) Exclusion from definition of air carrier Section 40102(2) of title 49, United States Code, is amended by inserting (but does not include an operator of civil unmanned aircraft systems) (d) State authorization for the intrastate carriage of property A State may not be prohibited from issuing an authorization (and the Federal Government may not require a Federal authorization) for the carriage of property by a commercial operator of a civil unmanned aircraft that is operating in intrastate commerce if the civil unmanned aircraft is only authorized by the State to operate— (1) within the immediate reaches of airspace; and (2) within the lateral boundaries of the State. 8. Designation of certain complex airspace (a) Process for designation (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall establish a process under which a State, local, or Tribal government may submit an application to the Administrator (in a form and manner determined appropriate by the Administrator) for the designation of an area as an area of complex airspace. (2) Timeframe for decision Under the process established under paragraph (1), the Administrator shall approve or disapprove a complete application for designation within 90 days of receiving the application. (3) Review of application In reviewing an application for a designation under this section, the Administrator may deny the request if the State, local, or Tribal government does not have— (A) the financial resources to carry out the authority to be granted under the designation; or (B) the technological capabilities necessary to carry out the authority granted to the State under the designation. (4) Denial of application If the Administrator denies an application for a designation under this section, the Administrator shall provide the State, local, or Tribal government with— (A) a detailed description of the reasons for the denial; and (B) recommendations for changes that the State can make to correct the deficiencies in their application. (5) Approval of application If the Administrator approves an application for a designation under this section, the Administrator shall, upon the request of the State, local, or Tribal government, enter into a written agreement with the State, local, or Tribal government (which may be in the form of a memorandum of understanding) under which the Administrator may assign, and the State, local, or Tribal government may assume, one or more of the responsibilities of the Administrator with respect to the management of civil unmanned aircraft operations within the area that has been so designated. (b) Agreements (1) State, local, or tribal government responsibilities under agreement If a State, local, or Tribal government enters into an agreement with the Administrator under subsection (a)(5), the State, local, or Tribal government shall be solely responsible, and solely liable, for carrying out the responsibilities assumed in the agreement until the agreement is terminated. (2) Termination by State, local, or Tribal government A State, local, or Tribal government may terminate an agreement with the Administrator under subsection (a)(5) if the State, local, or Tribal government provides the Administrator 90 days of notice. (3) Termination by Administrator The Administrator may terminate an agreement with a State, local, or Tribal government under subsection (a)(5) if— (A) the Administrator determines that the State, local, or Tribal government is not adequately carrying out the responsibilities assigned under the agreement; and (B) the Administrator provides the State, local, or Tribal government with— (i) written notification of a determination of noncompliance with the responsibilities assigned under the agreement; and (ii) a period of not less than 180 days for the State, local, or Tribal government to take such corrective actions as the Administrator determines necessary to comply with the responsibilities assigned under the agreement. (c) Complex airspace defined In this section, the term complex airspace (1) is at least 200 feet above ground level; and (2) includes one or more structures that have a height that exceeds 200 feet above ground level. 9. Improvements to plan for full operational capability of unmanned aircraft systems traffic management Section 376 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 (1) in subsection (b), by adding at the end the following new paragraph: (4) Permit the testing of a State, local, or Tribal government’s time, place, and manner restrictions within the immediate reaches of airspace (as defined in section 2 of the Drone Integration and Zoning Act ; (2) in subsection (c)— (A) in paragraph (2), by striking industry and government industry, the Federal Government, and State, local, or Tribal governments (B) in paragraph (3)(G), by striking and (C) in paragraph (4)(C), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following new paragraphs: (5) establish a plan for collaboration and coordination with a State, local, or Tribal government’s management of unmanned aircraft systems within the immediate reaches of airspace (as defined in section 2 of the Drone Integration and Zoning Act (6) establish a process for the interoperability and sharing of data between Federal Government, State, local, or Tribal government, and private sector UTM services. ; (3) in subsection (d)— (A) in paragraph (2)(J), by striking and (B) in paragraph (3), by striking the period at the end and inserting ; and (C) by adding at the end the following new paragraph: (4) shall consult with State, local, and Tribal governments. ; and (4) in subsection (g), by inserting and State, local, and Tribal governments Federal agencies 10. Updates to rules regarding small unmanned aircraft safety standards Section 44805 of title 49, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (3), by striking and (B) in paragraph (4), by striking the period at the end and inserting ; and (C) by adding at the end the following new paragraph: (5) ensuring that no State is prohibited from requiring additional equipage for a small unmanned aircraft system so long as such small unmanned aircraft system is solely authorized to operate in the immediate reaches of airspace (as defined in section 2 of the Drone Integration and Zoning Act ; (2) in subsection (e), in the matter preceding paragraph (1), by striking may shall (3) in subsection (j), by striking may shall (4) by adding at the end the following new subsection: (k) Requirements for accepting risk-Based consensus safety standards (1) Cost-benefit analysis The Administrator shall not accept a risk-based consensus safety standard under subsection (a)(1) unless the Administrator has first conducted a cost-benefit analysis and certified that the benefit of the safety standard substantially outweighs the costs to the manufacturer and consumer. (2) Must be essential The Administrator shall not accept a risk-based consensus safety standard under subsection (a)(1) unless the Administrator determines that the safety standard is essential for small unmanned aircraft systems to operate safely in the Unmanned Traffic Management (UTM) System. . 11. Rules of construction (a) In general Subject to subsection (b), nothing in this Act may be construed to— (1) diminish or expand the preemptive effect of the authority of the Federal Aviation Administration with respect to manned aviation; or (2) affect the civil or criminal jurisdiction of— (A) any Indian Tribe relative to any State or local government; or (B) any State or local government relative to any Indian Tribe. (b) Enforcement actions Nothing in subsection (a) may be construed to limit the authority of the Administrator to pursue enforcement actions against persons operating civil unmanned aircraft systems who endanger the safety of the navigable airspace, airport operations, air navigation facilities, air traffic control systems, or other components of the national airspace system that facilitate the safe and efficient operation of civil, commercial, or military aircraft within the United States.

Drone Integration and Zoning Act

Prohibiting Punishment of Acquitted Conduct Act of 2021 This bill limits the consideration of acquitted conduct (e.g., conduct underlying criminal charges for which an individual was found not guilty) by a federal court at sentencing.

117 S601 IS: Prohibiting Punishment of Acquitted Conduct Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 601 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Durbin Mr. Grassley Mr. Leahy Mr. Lee Mr. Booker Mr. Tillis Committee on the Judiciary A BILL To amend section 3661 of title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing. 1. Short title This Act may be cited as the Prohibiting Punishment of Acquitted Conduct Act of 2021 2. Acquitted conduct at sentencing (a) Use of information for sentencing (1) Amendment Section 3661 of title 18, United States Code, is amended by inserting , except that a court of the United States shall not consider, except for purposes of mitigating a sentence, acquitted conduct under this section (2) Applicability The amendment made by paragraph (1) shall apply only to a judgment entered on or after the date of enactment of this Act. (b) Definitions Section 3673 of title 18, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking As (a) As ; and (2) by adding at the end the following: (b) As used in this chapter, the term acquitted conduct (1) an act— (A) for which a person was criminally charged and adjudicated not guilty after trial in a Federal, State, or Tribal court; or (B) in the case of a juvenile, that was charged and for which the juvenile was found not responsible after a juvenile adjudication hearing; or (2) any act underlying a criminal charge or juvenile information dismissed— (A) in a Federal court upon a motion for acquittal under rule 29 of the Federal Rules of Criminal Procedure; or (B) in a State or Tribal court upon a motion for acquittal or an analogous motion under the applicable State or Tribal rule of criminal procedure. .

Prohibiting Punishment of Acquitted Conduct Act of 2021

Stop Forced Organ Harvesting Act of 2021 This bill establishes specified measures to combat forced organ harvesting and the international trafficking in persons for the purpose of removing their organs. These measures include (1) establishing property-blocking and visa-blocking sanctions, (2) prohibiting exports of certain surgery devices to entities that are identified as being responsible for forced organ harvesting or related human trafficking, and (3) requiring the Department of State to report on these practices.

117 S602 IS: Stop Forced Organ Harvesting Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 602 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Cotton Mr. Coons Committee on Foreign Relations A BILL To combat forced organ harvesting and trafficking in persons for purposes of the removal of organs, and for other purposes. 1. Short title This Act may be cited as the Stop Forced Organ Harvesting Act of 2021 2. Statement of policy It shall be the policy of the United States— (1) to combat international trafficking in persons for purposes of the removal of organs; (2) to promote the establishment of voluntary organ donation systems with effective enforcement mechanisms in bilateral diplomatic meetings and in international health forums; and (3) to promote the dignity and security of human life in accordance with the Universal Declaration of Human Rights, adopted on December 10, 1948. 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; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) Forced organ harvesting The term forced organ harvesting (3) Organ The term organ human organ 42 U.S.C. 274e(c)(1) (4) Trafficking in persons for purposes of the removal of organs The term trafficking in persons for purposes of the removal of organs (A) coercion; (B) abduction; (C) deception; (D) fraud; (E) abuse of power or a position of vulnerability; or (F) transfer of payments or benefits to achieve the consent of a person having control over a person described in the matter preceding subparagraph (A). 4. Authority to deny or revoke passports Section 4076 of the Revised Statutes ( 22 U.S.C. 212 (1) by inserting (a) No passport (2) by adding at the end the following: (b) (1) The Secretary of State may refuse to issue a passport to any individual who has been convicted of an offense under section 301 of the National Organ Transplant Act ( 42 U.S.C. 274e (2) The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1). . 5. Reports on forced organ harvesting and trafficking in persons for purposes of the removal of organs in foreign countries (a) Inclusion of information in annual country reports on human rights practices The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 (1) in section 116 ( 22 U.S.C. 2151n (h) Forced organ harvesting and trafficking in persons for purposes of the removal of organs (1) In general The report required by subsection (d) shall include an assessment of forced organ harvesting and trafficking in persons for purposes of the removal of organs in each foreign country. (2) Definitions In this subsection: (A) Forced organ harvesting The term forced organ harvesting (B) Organ The term organ human organ 42 U.S.C. 274e(c)(1) (C) Trafficking in persons for purposes of the removal of organs The term trafficking in persons for purposes of the removal of organs (i) coercion; (ii) abduction; (iii) deception; (iv) fraud; (v) abuse of power or a position of vulnerability; or (vi) transfer of payments or benefits to achieve the consent of a person having control over a person described in the matter preceding clause (i). ; and (2) in section 502B ( 22 U.S.C. 2304 (A) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (B) by adding at the end the following: (k) Forced organ harvesting and trafficking in persons for purposes of the removal of organs (1) In general The report required by subsection (b) shall include an assessment of forced organ harvesting and trafficking in persons for purposes of the removal of organs in each foreign country. (2) Definitions In this subsection, the terms forced organ harvesting organ trafficking in persons for purposes of the removal of organs . (b) Additional reports (1) In general Not later than 30 days after the date on which each annual report required by sections 116 and 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n Assistant Secretary (A) With respect to each foreign country, an identification of any agencies, instrumentalities, or officials of the country that are responsible for forced organ harvesting or trafficking in persons for purposes of the removal of organs. (B) A tiered ranking described in paragraph (2). (2) Tiered ranking The tiered ranking described in this paragraph is a tiered ranking of all foreign countries as follows: (A) Tier 1 countries The Assistant Secretary shall designate a country as tier 1 if the country has low levels of forced organ harvesting or trafficking in persons for purposes of the removal of organs and the government of such country is making significant efforts to combat those practices. (B) Tier 2 countries The Assistant Secretary shall designate a country as tier 2 if the country has— (i) low or intermediate levels of forced organ harvesting or trafficking in persons for purposes of the removal of organs and the government of such country is not making significant efforts to combat those practices; or (ii) intermediate levels of forced organ harvesting or trafficking in persons for purposes of the removal of organs and the government of such country is making significant efforts to combat those practices. (C) Tier 3 countries The Assistant Secretary shall designate a country as tier 3 if— (i) the country has high levels of forced organ harvesting or trafficking in persons for purposes of the removal of organs; or (ii) the government of such country is directly or indirectly supporting forced organ harvesting or trafficking in persons for purposes of the removal of organs. (3) Form The report required by this subsection shall be submitted in unclassified form. (c) Interim reports In addition to the annual reports required by sections 116 and 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n (d) Consideration of significant efforts In determining whether the government of a country is making significant efforts to combat forced organ harvesting and trafficking in persons for purposes of the removal of organs under subsections (b) and (c), the Secretary of State shall consider— (1) the extent to which the country is a country of origin, transit, or destination for forced organ harvesting and trafficking in persons for purposes of the removal of organs; (2) the extent of efforts by the government to combat forced organ harvesting and trafficking in persons for purposes of the removal of organs, and, particularly, the extent to which officials or employees of the government have participated in, facilitated, or condoned, or are otherwise complicit in, those practices; and (3) the measures that would be reasonable for the government to combat forced organ harvesting and trafficking in persons for purposes of the removal of organs, considering the resources and capabilities of the government. 6. Report on United States medical and educational institutions at which organ transplant surgeons from tier 3 countries are trained (a) In general Not later than 180 days after the date on which each annual report required by sections 116 and 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n (b) Elements (1) In general Each report required by subsection (a) shall include an identification of each medical or educational institution or other entity in the United States at which one or more organ transplant surgeons described in paragraph (2) are trained as of the date on which the report is submitted. (2) Organ transplant surgeon described An organ transplant surgeon described in this paragraph is an organ transplant surgeon who— (A) as of the date on which the report required by subsection (a) is submitted, is employed by or affiliated with an agency or instrumentality identified in the most recent additional report required by section 5(b) as being responsible for forced organ harvesting or trafficking in persons for purposes of the removal of organs; and (B) is a citizen or national of a country designated as a tier 3 country in the most recent additional report required by section 5(b). 7. Prohibition on the export of organ transplant surgery devices to certain entities Section 801 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 (v) Prohibition on export of organ transplant surgery devices to certain entities (1) In general Notwithstanding any other provision of this Act, a device that is intended for use in organ transplant surgery may not be exported to any entity that is identified in the most recent additional report required by section 5(b) of the Stop Forced Organ Harvesting Act of 2021 (2) Coordination with the Secretary of Commerce The Secretary shall coordinate with the Secretary of Commerce to ensure compliance with paragraph (1). . 8. Imposition of sanctions with respect to forced organ harvesting or trafficking in persons for purposes of the removal of organs facilitated by tier 3 countries (a) List required Not later than 180 days after the date on which each annual report required by sections 116 and 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n (1) funds, supports, sponsors, or otherwise facilitates forced organ harvesting or trafficking in persons for purposes of the removal of organs; and (2) is— (A) an individual who is a citizen or national of a country designated as a tier 3 country in the most recent additional report required by section 5(b); or (B) an entity organized under the laws of such a country or otherwise subject to the jurisdiction of the government of such a country. (b) Imposition of sanctions The President shall impose the following sanctions with respect to a person on the list required by subsection (a): (1) Property blocking The President shall exercise all of the powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 50 U.S.C. 1701 (2) Aliens inadmissible for visas, admission, or parole (A) Visas, admission, or parole In the case of an individual, that individual is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 (B) Current visas revoked (i) In general The visa or other entry documentation of the individual shall be revoked, regardless of when such visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the individual’s possession. (c) Exceptions (1) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions under subsection (b)(1) shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good (2) Exception to comply with international obligations Subsection (b)(2) shall not apply to the admission of an individual if the admission of the individual is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements. (d) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (e) United states person defined In this section, the term United States person (1) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (2) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

Stop Forced Organ Harvesting Act of 2021

Coronavirus Emergency Student Loan Refinancing Act This bill establishes a refinancing program for federal student loans. Specifically, the Department of Education (ED) must, within 30 days, establish a program that allows qualified borrowers to refinance their federal student loans down to lower interest rates. The refinanced interest rates are (1) calculated based on the type of student loan (e.g., Stafford), and (2) fixed for the period of the loan. In addition, the bill requires ED to establish eligibility requirements for the refinancing program based on income or debt-to-income ratio. ED must also coordinate with the Consumer Financial Protection Bureau to alert borrowers of their program eligibility.

117 S603 IS: Coronavirus Emergency Student Loan Refinancing Act U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 603 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Warner Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide for the refinancing of certain Federal student loans, and for other purposes. 1. Short title This Act may be cited as the Coronavirus Emergency Student Loan Refinancing Act 2. Refinancing programs (a) Program authority Section 451(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087a(a) (1) by striking and (2) (2) (2) by inserting ; and (3) to make loans under section 460A section 459A (b) Refinancing Program Part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a 460A. Refinancing FFEL and Federal Direct Loans (a) In general Beginning not later than 30 days after the date of enactment of the Coronavirus Emergency Student Loan Refinancing Act (b) Refinancing Direct Loans (1) Federal Direct Loans Upon application of a qualified borrower, the Secretary shall repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan of the qualified borrower, with the proceeds of a refinanced Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan, respectively, issued to the borrower in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan. (2) Refinancing FFEL program loans as refinanced Federal Direct Loans Upon application of a qualified borrower for any loan that was made, insured, or guaranteed under part B, the Secretary shall make a loan under this part, in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan to the borrower in accordance with the following: (A) The Secretary shall pay the proceeds of such loan to the eligible lender of the loan made, insured, or guaranteed under part B, in order to discharge the borrower from any remaining obligation to the lender with respect to the original loan. (B) A loan made under this section that was originally a loan made, insured, or guaranteed— (i) under section 428 shall be a Federal Direct Stafford Loan; (ii) under section 428B shall be a Federal Direct PLUS Loan; (iii) under section 428H shall be a Federal Direct Unsubsidized Stafford Loan; and (iv) under section 428C shall be a Federal Direct Consolidation Loan. (3) Applicable interest rate The interest rate for each loan made by the Secretary under this subsection shall be the rate provided under subsection (c). (c) Interest rates (1) In general The interest rate for the refinanced Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, Federal Direct PLUS Loans, and Federal Direct Consolidation Loans, under this section shall be a rate equal to— (A) in any case where the original loan was a loan under section 428 or 428H, a Federal Direct Stafford loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to an undergraduate student, a rate equal to the lowest yield on the 10-year Treasury note in the preceding 6 months plus 2.05 percent; (B) in any case where the original loan was a loan under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to a graduate or professional student, a rate equal to the lowest yield on the 10-year Treasury note in the preceding 6 months plus 3.6 percent; (C) in any case where the original loan was a loan under section 428B or a Federal Direct PLUS Loan, a rate equal to the lowest yield on the 10-year Treasury note in the preceding 6 months plus 4.6 percent; and (D) in any case where the original loan was a loan under section 428C or a Federal Direct Consolidation Loan, a rate calculated in accordance with paragraph (2). (2) Interest Rates for Consolidation Loans (A) Method of calculation In order to determine the interest rate for any refinanced Federal Direct Consolidation Loan under paragraph (1)(D) under this section, the Secretary shall— (i) determine each of the component loans that were originally consolidated in the loan under section 428C or the Federal Direct Consolidation Loan, and calculate the proportion of the unpaid principal balance of the loan under section 428C or the Federal Direct Consolidation Loan that each component loan represents; (ii) use the proportions determined in accordance with clause (i) and the interest rate applicable for each component loan, as determined under subparagraph (B), to calculate the weighted average of the interest rates on the loans consolidated into the loan under section 428C or the Federal Direct Consolidation Loan; and (iii) apply the weighted average calculated under clause (ii) as the interest rate for the refinanced Federal Direct Consolidation Loan. (B) Interest rates for component loans The interest rates for the component loans of a loan made under section 428C or a Federal Direct Consolidation Loan shall be the following: (i) The interest rate for any loan under section 428 or 428H, Federal Direct Stafford Loan, or Federal Direct Unsubsidized Stafford Loan issued to an undergraduate student shall be a rate equal to the lesser of— (I) the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2020, and ending on June 30, 2021; or (II) the original interest rate of the component loan. (ii) The interest rate for any loan under section 428 or 428H, Federal Direct Stafford Loan, or Federal Direct Unsubsidized Stafford Loan issued to a graduate or professional student shall be a rate equal to the lesser of— (I) the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2020, and ending on June 30, 2021; or (II) the original interest rate of the component loan. (iii) The interest rate for any loan under section 428B or Federal Direct PLUS Loan shall be a rate equal to the lesser of— (I) the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2020, and ending on June 30, 2021; or (II) the original interest rate of the component loan. (iv) The interest rate for any component loan that is a loan under section 428C or a Federal Direct Consolidation Loan shall be the weighted average of the interest rates that would apply under this subparagraph for each loan comprising the component consolidation loan. (v) The interest rate for any eligible loan that is a component of a loan made under section 428C or a Federal Direct Consolidation Loan and is not described in clauses (i) through (iv) shall be the interest rate on the original component loan. (3) Fixed Rate The applicable rate of interest determined under paragraph (1) for a refinanced loan under this section shall be fixed for the period of the loan. (d) Terms and conditions of loans (1) In general A loan that is refinanced under this section shall have the same terms and conditions as the original loan, except as otherwise provided in this section. (2) No automatic extension of repayment period Refinancing a loan under this section shall not result in the extension of the duration of the repayment period of the loan, and the borrower shall retain the same repayment term that was in effect on the original loan. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3). (e) Definition of qualified borrower (1) In General For purposes of this section, the term qualified borrower (A) of a loan under this part or part B; and (B) who meets the eligibility requirements based on income or debt-to-income ratio established by the Secretary. (2) Income requirements Not later than 30 days after the date of enactment of the Coronavirus Emergency Student Loan Refinancing Act (f) Notification to borrowers The Secretary, in coordination with the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers of loans that are eligible for refinancing under this section that the borrowers are eligible to apply for such refinancing. The campaign shall include the following activities: (1) Developing consumer information materials about the availability of Federal student loan refinancing. (2) Requiring servicers of loans under this part or part B to provide such consumer information to borrowers in a manner determined appropriate by the Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection. . (c) Amendments to public service repayment plan provisions Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (2) the following: (3) Special rules for section 460A loans (A) Refinanced Federal Direct loans Notwithstanding paragraph (1), in determining the number of monthly payments that meet the requirements of such paragraph for an eligible Federal Direct Loan refinanced under section 460A that was originally a loan under this part, the Secretary shall include all monthly payments made on the original loan that meet the requirements of such paragraph. (B) Refinanced FFEL loans In the case of an eligible Federal Direct Loan refinanced under section 460A that was originally a loan under part B, only monthly payments made after the date on which the loan was refinanced may be included for purposes of paragraph (1). ; and (3) in paragraph (4)(A) (as redesignated by paragraph (1)), by inserting (including any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan refinanced under section 460A) (d) Income-Based repayment Section 493C of the Higher Education Act of 1965 ( 20 U.S.C. 1098e (f) Special rule for refinanced loans In calculating the period of time during which a borrower of a loan that is refinanced under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the refinanced loan, that otherwise meet the requirements of this section. .

Coronavirus Emergency Student Loan Refinancing Act

Democracy Technology Partnership Act This bill establishes the International Technology Partnership Office, led by the Special Ambassador for Technology, in the Department of State. The office shall advance U.S. technology policy through the creation of an International Technology Partnership with specified foreign countries. Specifically, the office must create a partnership of democratic countries to develop technology governance regimes, with a focus on key technologies such as artificial intelligence and machine learning, 5G telecommunications, semiconductor chip manufacturing, biotechnology, and quantum computing. Partner countries must be democratic countries with advanced technology sectors that have a demonstrated record of trust or an expressed interest in international cooperation and coordination with the United States on defense and intelligence matters. The bill also establishes the International Technology Partnership Fund in the Department of the Treasury. The State Department may use amounts from this fund to support joint research projects from International Technology Partnership member countries and technology investments in third-country markets. The State Department must also submit reports (1) outlining a national strategy for technology and national security; and (2) assessing other countries' standards and governance regimes for privacy, human rights, consumer protection, and free expression.

117 S604 IS: Democracy Technology Partnership Act U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 604 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Warner Mr. Menendez Mr. Schumer Mr. Young Mr. Cornyn Mr. Sasse Mr. Rubio Mr. Bennet Committee on Foreign Relations A BILL To authorize the establishment of a Technology Partnership among democratic countries, and for other purposes. 1. Short title This Act may be cited as the Democracy Technology Partnership Act 2. Findings Congress finds the following: (1) The 21st century will increasingly be defined by economic competition rooted in technological advances. Leaders in adopting emerging technologies, such as artificial intelligence, quantum computing, biotechnology, and next-generation telecommunications, and those who shape the use of such technologies, will garner economic, military, and political strength for decades. (2) These technologies offer opportunities for the empowerment of citizens, but also and challenges to basic norms of democratic governance and internationally recognized human rights. The collection and analysis of data from individuals allows governments to know more about their residents’ behaviors, preferences, interests, and activities than was possible years ago. The concentration of this data in key technologies, such as smart phones, search databases, and facial recognition databases, along with the sharing of data among governments, creates pressing concerns about individuals’ scope to exercise their fundamental political and social rights. (3) This challenge arises as the integrity and efficacy of post-World War II international institutions are increasingly challenged. New approaches to multilateral cooperation and arrangements are needed to tackle the challenges ahead to ensure that the United States continues to lead in critical technologies. (4) As information and communications technologies have matured and increasingly mediate large swathes of social, political and economic activity, it is incumbent on democratic governments to address the ways in which these technologies have undermined democratic values, consumer protections, and social cohesion. Moreover, as authoritarian regimes increasingly shape and deploy technologies to bolster repression, stifle free expression, and interfere with free and fair elections in other countries, the world’s advanced democracies will need to shape technology standards so that emerging and critical technologies reflect democratic values, including freedom of expression and privacy. (5) Technological leadership by the world’s major liberal-democratic nations collectively will be essential to safeguarding democratic institutions, norms, and values, and contributing to global peace and prosperity, especially as authoritarian governments seek to promote closed information systems and technology that is not interoperable, often through trade and investment practices that are incompatible with global norms. A unified approach by like-minded nations is needed to counteract growing investments in, and deployments of, emerging technologies by authoritarian powers. (6) In addition to the development of emerging technologies, democratic nations must lead in shaping expectations for the responsible use of such technologies and push back against laissez faire approaches and authoritarian interests on internet governance advanced in multilateral forums by— (A) advocating against efforts to criminalize or limit political dissent and freedom of speech online, such as those spearheaded by the Russian Federation, which seek to undermine the Council of Europe’s Convention on Cybercrime, done at Budapest November 23, 2001, in favor of a statist alternative; and (B) prioritizing protections for elections, and other processes essential for healthy democracies, from cyber-attack. (7) The world’s leading democracies must also confront new challenges to their market-driven economic systems to ensure their continued leadership in technology and innovation. The People’s Republic of China (referred to in this Act as the PRC AI (8) The PRC seeks to use technological superiority for national security, military-civil fusion, and economic gains, according to its strategic plans, including— (A) the Made in China 2025 strategy; (B) the Five-Year Plan for Standardization and China Standards 2035; (C) the 2006 Medium-to-Long Term S&T Plan; (D) the 2010 State Council Decision on Accelerating the Development of Strategic Emerging Industries; and (E) the 13th Five-Year Plan for the Development of Strategic Emerging Industries. (9) The PRC seeks to advance in areas in which democratic countries currently have a technological advantage and move ahead in emerging technologies where China seeks a unique opportunity to overtake such countries. (10) For many years, the PRC has pursued industrial policies and discriminatory trade practices that include— (A) heavily subsidizing Chinese companies, restricting foreign competition, conducting forced technology transfers, and using both licit and illicit means to access research and development around technologies in order to advantage Chinese companies in specific technology fields; (B) providing significant government funding for research and development in the PRC in specific technologies to build future competitiveness; (C) seeking to ensure global adoption of Chinese technologies, and the success of Chinese firms, especially in emerging and strategic markets, through significant foreign direct investment, low-cost financing and comprehensive services for foreign development projects, through initiatives such as the Belt and Road Initiative, which includes the Digital Silk Road and the Health Silk Road, as well as the Smart City Initiative, efforts centered on promoting the use of Chinese exports by offering far cheaper rates and bundling these deals into larger development and aid packages; (D) aiding the adoption of Chinese-led standards for digital technologies and products through compensating Chinese firms that submit standards and flooding forums with technical experts; and (E) leveraging the international standard setting bodies to advance the vision of the PRC regarding standards and technologies. (11) As a result of these practices in support of Chinese companies, the PRC is increasing its influence in AI, 5G, and a wide range of other science and technology disciplines that constitute long-term economic and security threats to the United States, its allies, and like-minded partners. According to market research firm Dell’Oro Group, Huawei’s share of worldwide telecommunications revenue equipment grew from 20 percent in 2014 to 31 percent in 2020. (12) While the United States semiconductor industry is the worldwide industry leader with approximately 50 percent of global market share and sales of $193,000,000,000 in 2019, the situation may be changing. In 2019, all 6 of the new semiconductor fabrication plants that opened worldwide were located outside of the United States, with 4 of these plants built in China. The Government of the PRC plans to spend $150,000,000,000 on its computer chip industry during the next 10 years. (13) The PRC uses technologies, such as AI, facial recognition, and biometrics, to increase control over its population, facilitating mass surveillance, scalable censorship, and technology-enabled social control, including against ethnic and religious minorities including Tibetans, Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim minority groups. (14) The PRC uses its economic power to coerce and censor companies, individuals, and countries. (15) In the past decade, the Government of the PRC— (A) blocked exports of rare earth elements to Japan; (B) threatened to curtail domestic sales of German cars; (C) cut off tourism to South Korea; (D) restricted banana imports from the Philippines; and (E) imposed large tariffs on Australian barley exports. (16) The Government of the PRC— (A) has banned United States technology companies, including Facebook, Google, and Twitter; (B) has pressured movie studios based in the United States to alter content in movies that it deemed objectionable; and (C) has retaliated against a range of American companies for actual or perceived support for a range of political positions, including recognizing territorial claims of countries in border disputes with China, recognizing Tibet, and more. (17) Third countries have become particular targets of Chinese investments in technology. These third-country investments provide access to innovation, data that allows Chinese companies to refine their own systems, and influence over the policies of these governments. The terms on which Chinese investments are made often are attractive in the short-term but create conditions for Chinese ownership of, or influence over, major industries in those countries. (18) After decades of being the world leader in key technologies, the United States is at risk of falling behind the PRC in key technologies of the future. While private-sector research and development investments have steadily increased in the United States, Federal Government spending has declined as a percentage of Gross Domestic Product from approximately 1.2 percent in 1976 to approximately 0.7 percent in 2018. The decline has been even steeper in the physical sciences. The Federal Government plays a unique and critical role in America’s innovation ecosystem. Government research and development spending spurs private-sector investments, and the United States Government remains the largest source of basic research funding, which is foundational to game-changing technological achievements. (19) During the past several years, the PRC has quadrupled its research and development spending and is on the brink of surpassing the United States in total investments in key technologies, with its growth in research and development spending doubling the United States Government’s spending increase in this area. Chinese patent publications have surged in the fields of artificial intelligence, machine learning, and deep learning. (20) The United States is highly dependent on China for key components of critical technologies in its supply chains, such as rare earths. (21) The United States remains a leader in the science and technology areas of engineering and biology as well as key components, including telecommunications equipment and semiconductors. The United States does not have a domestic manufacturer of radio access network equipment for 5G networks, but is well-positioned to lead in 6G telecommunications, which depend on software and semiconductors, areas of United States strength. (22) Other countries have unique knowledge, expertise, and capabilities in numerous cutting edge technologies, including semiconductor manufacturing equipment, such as extreme ultraviolet lithography machines for semiconductor fabrication and machine tools for fabrication of custom components. In order to successfully compete against the PRC, the United States must partner with such countries. (23) The private sector in the United States and partner countries, including Japan, Korea, Australia, New Zealand, the United Kingdom, and the European Union has considerable expertise in both technology and in standard setting, given the role of the private sector in international standard setting bodies, but this expertise can be better leveraged in shaping United States technology policy. 3. Sense of Congress It is the sense of Congress that— (1) emerging technology governance regimes driven by undemocratic governments that do not reflect democratic values are gaining traction internationally through coercive, diplomatic, and unfair economic, trade, and development practices; (2) the United States is failing to lead international efforts or prioritize multilateral coordination, institutions, and legal compatibility in the area of technology governance, ceding leadership to authoritarian regimes and risking the growth of anti-democratic norms and standards around technologies; and (3) promoting greater coordination, common functional problem-solving institutional mechanisms, and more compatible legal regimes among democratic nations is essential to create an international technology governance architecture that benefits all nations and effectively counters and contains nondemocratic governance regimes. 4. Statement of policy It shall be the policy of the United States to lead in the creation of a new multilateral diplomatic architecture for technology policy composed of the world’s tech-leading democracies. 5. International Technology Partnership Office at the Department of State (a) Establishment The Secretary of State shall establish an interagency-staffed International Technology Partnership Office (referred to in this section as the Office (b) Leadership (1) Special ambassador The Office shall be headed by the Special Ambassador for Technology, who shall— (A) be appointed by the President, by and with the advice and consent of the Senate; (B) have the rank and status of ambassador; and (C) report to the Secretary of State, unless otherwise directed by the Secretary of State. (2) Directors The Secretary of Commerce and the Secretary of the Treasury shall each appoint, from within their respective departments, directors for International Technology Partnership, who also shall serve as liaisons between the Office and the Department of Commerce or the Department of the Treasury, as applicable. (c) Membership In addition to the leaders referred to in subsection (b), the Office shall include a representative or expert detailee from key Federal agencies, as determined by the Special Ambassador for Technology. (d) Purposes The purposes of the Office shall include— (1) creating an international technology partnership of democratic countries to develop harmonized technology governance regimes and to fill gaps where United States capabilities are currently insufficient, with a specific focus on key technologies, including— (A) artificial intelligence and machine learning; (B) 5G telecommunications and other advanced wireless networking technologies; (C) semiconductor chip manufacturing; (D) biotechnology; (E) quantum computing; (F) surveillance technologies, including facial recognition technologies and censorship software; and (G) fiber optic cables; (2) vigorously identifying existing and, as needed, new multilateral mechanisms to advance the objectives of the International Technology Partnership around technology governance that advances democratic values; (3) coordinating with such countries regarding shared technology strategies, including technology controls and standards, as informed by the reports required under section 8; and (4) developing strategies with partner countries for coordinated, development and financial support for the acquisition by key countries of the technologies listed in paragraph (1), or comparable technologies, in order to provide alternatives for those countries to systems supported by authoritarian regimes. (e) Special hiring authorities The Secretary of State may— (1) hire support staff for the Office, in accordance with section 303 of the Foreign Service Act of 1980 ( 22 U.S.C. 3943 (2) hire individuals to serve as experts or consultants for the Office, in accordance with section 3109 of title 5, United States Code. 6. International Technology Partnership (a) Partnership criteria The Special Ambassador for Technology (referred to in this section as the Special Ambassador (1) democratic national government and a strong commitment to democratic values, including an adherence to the rule of law, freedom of speech, and respect for and promotion of human rights, including the right to privacy; (2) an economy with advanced technology sectors; and (3) a demonstrated record of trust or an expressed interest in international cooperation and coordination with the United States on important defense and intelligence issues. (b) Political and economic unions The International Technology Partnership may include relevant political and economic unions. (c) Objectives The Special Ambassador, in cooperation with International Technology Partnership participants, shall pursue, as appropriate, through memoranda of understanding, executive agreements, free trade agreements, and existing multilateral channels— (1) coordination of technology policies and standards among International Technology Partnership countries through participation in international standard setting bodies, such as the United Nations Group of Governmental Experts, World Trade Organization, the 3rd Generation Partnership Project, and the International Telecommunications Union, including pre-attendance meetings, education, and panels to report on issues; (2) coordination of policies with the private sector to ensure private sector led, politically neutral, standards processes; (3) the adoption of shared data privacy, data sharing, and data archiving standards among the United States and partner countries and relevant economic and political unions, including harmonized data protection regulations; (4) the creation of coordinated policies for the use and control of emerging and foundational technologies through— (A) use restrictions and export controls; (B) investment screening coordination, including the harmonization of technology-transfer laws, regulations, policies, and practices; and (C) the development of other arrangements to regulate and control technology transfer; (5) coordination around the resiliency of supply chains in critical technology areas, with possible diversification of supply chain components among the group, while— (A) abiding by transparency obligations related to subsidies and product origin; (B) conducting risk analyses of products manufactured in third party nations that fail to meet established standards similarly; (C) coordinating subsidy policies; and (D) limiting preferential trade agreements between member countries; (6) the coordination of supply chains regarding semiconductor fabrication through a fabrication research consortium for the semiconductor industry; (7) the facilitation of partnerships and cooperation among and between research universities, start-up companies, and other businesses in member countries regarding key technologies, including the creation of memoranda of understanding regarding science and technology collaboration with member countries and coordinated incentives and subsidies; (8) the coordination of investments and co-financing in targeted countries with the goal of— (A) promoting secure and resilient digital infrastructure and privacy-enhancing technologies that protect democratic values and create a clear contrast and alternative to the PRC through the United States International Development Finance Corporation, the Export-Import Bank of the United States, foreign development finance institutions (including the World Bank and the International Monetary Fund), the European Bank for Reconstruction and Development, the European Investment Bank, partner country development institutions, regional banks, other lending institutions, or new investment mechanisms; and (B) seeking to ensure that all funding provided by those institutions, for any purpose, should be conditioned upon the protection of democratic values, and that financing is forbidden to companies involved in the international investment programs of authoritarian or illiberal governments; and (9) information sharing among partner countries to raise awareness of— (A) the technology transfer threat posed by authoritarian governments; and (B) ways in which autocratic regimes are utilizing technology to erode democracies. (d) Working groups In carrying out the objectives described in subsection (c) with respect to particular technology areas, the Special Ambassador may establish working groups within the International Technology Partnership, composed of representatives from partner countries, including relevant political and economic unions, to coordinate on discrete strategies and policies related to specific technologies. 7. International Technology Partnership Fund (a) Establishment There is established in the Treasury of the United States a trust fund, which shall be known as the International Technology Partnership Fund Fund (b) Deposits (1) Federal appropriations There is authorized to be appropriated $5,000,000,000 for the Fund. (2) Donations In addition to amounts appropriated for the Fund pursuant to paragraph (1), the Secretary of the Treasury may accept donations from International Technology Partnership member countries. (c) Use of funds Subject to subsection (d), amounts deposited into the Fund may be used by the Secretary of State, in consultation with the International Technology Partnership and other relevant Federal agencies, to support— (1) joint research projects between government research agencies, universities, technology companies, and other businesses from International Technology Partnership member countries; and (2) technology investments in third-country markets. (d) Notification requirement The obligation of funds under subsection (c) is subject to the notification requirement set forth in section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 (e) Public-Private board (1) Establishment There is hereby established an International Technology Partnership Advisory Board (referred to in this subsection as the Board (2) Membership The Board shall be composed of individuals— (A) with demonstrated expertise in the fields of emerging technologies and international trade; and (B) come from the private sector, academic institutions, national and international human rights organizations, and technology research institutions. 8. Department of State reporting requirements (a) National strategy for technology and national security Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in consultation with other relevant Federal agencies, shall submit an unclassified report to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (1) assesses the emerging and foundational technologies of the future; (2) identifies the current capabilities of the United States in critical technologies and its components, including any gaps in such capabilities; (3) identifies the technology capabilities (horizon scanning and technology forecasting) among allied and partner countries; (4) identifies governance models for emerging and foundational technologies being adopted by other countries and other areas of global policy convergence where the United States should better pursue multilateralism or coordination; (5) identifies a preliminary set of priority technology areas on which the International Technology Partnership should be focused; (6) analyzes the current capabilities of the PRC in critical technologies and components, including any gaps in such capabilities; and (7) includes a set of recommendations for— (A) rapidly enhancing United States technological capabilities; (B) how the United States should collaborate with allied or like-minded countries, identifying existing and, as needed, new multilateral mechanisms to fill capability gaps and areas for the United States to advance democratic values; and (C) the criteria for determining which countries should be included in the International Technology Partnership, including a strong commitment to democratic values and a history of working closely with the United States, as reflected in Department of State reports regarding human rights and media freedom. (b) Standards and governance regimes Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives

Democracy Technology Partnership Act